CITY COUNCIL: CLOSED SESSION Public Employment Title: Interim City Administrator.

CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Wednesday, April 13, 2011 – 12:30 p.m.

The City Council will meet at City Hall on the east side of Monte Verde
between Ocean and Seventh Avenues.

I. Orders of Council

Pursuant to Government Code Section 54957 et seq. of the State of
California, the City Council will adjourn to Closed Session to consider
the following:

A. Public Employment
Title: Interim City Administrator.

II. Announcements in Open Session (if any).

III. Adjournment

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929

CITY COUNCIL: Public Employee Appointment - Government Code Section 54957. Title: Interim City Administrator.

CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session
Monday, April 11, 2011 – 8:45 a.m.

The City Council will meet at City Hall on the east side of Monte Verde
between Ocean and Seventh Avenues.

I. Roll Call

II. Pledge of Allegiance

III. Public Comment

IV. Orders of Council

Pursuant to Government Code Section 54956 et seq. of the State of California, the City Council will adjourn to Closed Session to consider the following:

1. Public Employee Appointment - Government Code Section 54957.
Title: Interim City Administrator.

V. Announcements in Open Session (if any).

VI. Adjournment

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.

CITY COUNCIL: AGENDA & MINUTES April 2011

Regular Meeting
Tuesday, April 5, 2011
4:30 p.m., Open Session

Live video streaming available at:
www.ci.carmel.ca.us

Broadcast date
Sunday, April 10, 2011
8:00 a.m., MCAET Channel 26

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Hearing assistance units are available to the public for meetings held in the Council Chambers

The City Council welcomes your interest and participation. If you want to speak on an agenda item during its review, you may do so when the Mayor opens the item for public comment. Persons are not required to give their names but it is helpful in order that the City Clerk may identify them in the minutes of the meeting. Please keep remarks to a maximum of three (3) minutes, or as otherwise established by the City Council. Always speak into the microphone, as the meeting is recorded on tape.

I. Call to Order

II. Roll Call

III. Pledge of Allegiance

IV. Extraordinary Business

A. Appreciation of the Monterey County Sheriff Department’s Search and Rescue Team.

B. Recognition of Officer Greg Johnson as 2010 Police Officer of the Year.

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

B. Announcements from City Council members (Council members may ask a question for clarification, make a brief announcement or report on his or her activities).

C. Announcements from City Administrator.

1. Presentation from TAMC on the status of the Highway 156 project.

VI. Public Appearances

Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded. The City Council Chambers is equipped with a portable microphone for anyone unable to come to the podium. Assisted listening devices are available upon request of the City Clerk. If you need assistance, please advise Heidi Burch as to which item you would like to comment on and the microphone will be brought to you.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

A. Ratify the minutes for the special meeting of February 22, 2011.

B. Ratify the minutes for the regular meeting of March 1, 2011.

C. Ratify the minutes for the special meeting of March 22, 2011.

D. Ratify the bills paid for the month of March 2011.

E. Consideration of a Resolution authorizing the payment of $80,745 to Pebble Beach Company for completion of the stairway access and beach boardwalk.

F. Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an Inter-Agency Agreement with the Monterey County Health Department to form the Monterey County Behavioral Health Crisis Negotiation Team (BHCNT).

G. Consideration of a Resolution authorizing the City of Carmel-by-the- Sea to participate in a Monterey Peninsula Narcotics and Violent Crime Task Force (NVCTF).

H. Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

I. Consideration of a Resolution entering into a five-year lease agreement with the Forest Theater Guild for the use of the Forest Theater facility.
J. Ratify Settlement Agreement between the City of Carmel-by-the-Sea and
Richard Guillen, City Administrator.

K. Authorize a letter to the County to proceed with the dissolution of the JPA-managed ambulance response agency, provide notice of intent to retain the 1797.201 rights and authorize the City to submit an application for advanced life support (ALS) certification.

L. Authorize the City to retain Bill Ross as Special Counsel to review and advise the City on ambulance services.

M. Authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea.

VIII. Public Hearings

If you challenge the nature of the proposed action in Court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing.

A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of 7th Avenue. The appellant is Old Mill Properties LLC.

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of 7th Avenue. The appellant is Old Mill Properties, LLC.

IX. Ordinances

A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second reading)

X. Resolutions

A. Consideration of a Resolution adopting revisions to the Fiscal Year
2010-11 General Fund budget.

B. Consideration of a Resolution awarding a bid to Collins Electric Company for the Police Department/Public Works Emergency Generator and Fuel Systems Modification Project for a total project cost of $272,160.

C. Consideration of a Resolution to lend 30 Edward Weston photographs to the Monterey Museum of Art from May 9 through October 14, 2011 for an exhibition titled “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”.

D. Consideration of a Resolution approving a pass-through disposal rate increase of 0.29% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 0.57% for a total increase of 0.86%.

XI. Orders of Council

A. Approve amendments to City’s revised Harassment Prevention Policy.

B. Scheduling Future City Council meetings – Please Bring Your Calendar.

XII. Adjournment

The next meeting of the City Council will be:

Special City Council Budget Workshop – 4:30 p.m.
Tuesday, April 26, 2011
Council Chambers

Regular Council Meeting – 4:30 p.m.
Tuesday, May 3, 2011
Council Chambers

The City of Carmel-by-the-Sea does not discriminate against persons with disabilities. Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea telecommunications device for the Deaf/Speech Impaired (T.D.D.) number is 1-800-735-2929.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at Carmel-by-the-Sea City Hall, on the east side of Monte Verde Street, between Ocean and 7th Avenues, during normal business hours.

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
April 5, 2011

I. CALL TO ORDER

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:35 p.m. Mayor McCloud called the meeting to order.

II. ROLL CALL

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud
ABSENT: None
STAFF PRESENT: Heidi Burch, Assistant City Administrator/City Clerk
Molly Laughlin, Deputy City Clerk
Mike Calhoun, Interim Police Chief
Sean Conroy, Planning Services Manager
Janet Cubbage, Library Director

III. PLEDGE OF ALLEGIANCE

Members of the audience joined the Mayor and Council Members in the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS

A. Appreciation of the Monterey County Sheriff Department’s Search and Rescue Team.

Interim Police Chief Mike Calhoun recognized Deputy Ken Owen and members of the team. On February 20, the team successfully located an elderly woman who became missing.

B. Recognition of Officer Greg Johnson as 2010 Police Officer of the Year.

Interim Police Chief Mike Calhoun recognized Officer Johnson. Chief Calhoun also thanked the staff members and others who assisted with the City’s emergency preparedness effort in the wake of the tsunami warning along the coast following the earthquake in Japan.

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.
There was no Closed Session.

B. Announcements from City Council members.
Mayor McCloud asked Thompson Lange, owner of Homescapes and a board member
of the Big Sur Marathon and Carmel Chamber of Commerce, to announce an April 29th event, “Carbs for Carmel”, that is intended to promote the City during the weekend of the Big Sur Marathon.

Council Member Sharp reported that Monterey-Salinas Transit is operating a interim, daily bus service on its 22 line to take passengers from the Rocky Point landslide area to Monterey (with a stop in Carmel).

Council Member Burnett reported the Caltrans transportation grant approved by Council on March 1 was submitted by the March 30 deadline, and that he has found a means to enable residents to postpone installation of PG&E SmartMeters at their homes until the Public Utilities Commission can finalize its opt-out program.

Mayor McCloud reported that Susan Love, organizer of the “Run in the Name of Love” race planned for June 19, 2011, was seriously injured in a dog attack, and is in need of volunteers to help with the event. She also reported that Pacific Grove Mayor Carmelita Garcia, a member of the Monterey County Commission on Disabilities, said the Commission is looking for more members from the Carmel area, among others.

C. Announcements from City Administrator.
1. Presentation from TAMC on the status of the Highway 156 project.
Debbie Hale, Executive Director of TAMC, gave the report.

VI. PUBLIC APPEARANCES

Prior to opening Public Appearances, Mayor McCloud asked for a motion to continue Items VII-A and VII-B (Old Mill appeals) to the May 3, 2011 meeting.

A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of 7th Avenue

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of 7th Avenue.

The appellant is Old Mill Properties, LLC.

Council Member Talmage announced that he must recuse himself, as he lives in proximity of the sites of the two appeals. City Attorney Don Freeman likewise had to step down, as he is a nearby property owner, and thus, can not provide legal counsel on this matter.

Council Member HAZDOVAC moved to continue Items VII-A and VII-B until the May 3, 2011 Council meeting and to hire attorney Brian Finegan to provide legal counsel on these projects, seconded by Council Member SHARP, and passed unanimously, with TALMAGE abstaining.

Mayor McCloud opened the meeting to public comment at 5:07 p.m.

Toby Cecil addressed PG&E SmartMeters.

Jonathan Sapp addressed jewelry stores and licenses.

Carl Iverson announced the Carmel Heritage Home and Garden Tour on May 7, 2011.

Frank Egger spoke about PG&E SmartMeters.

To accommodate the schedule of Gerard Rose, the City’s representative to the Carmel Regional Fire Ambulance Authority, Mayor McCloud asked that Consent Items “K” and “L” be moved to this part of the meeting.

K. Authorize a letter to the County to proceed with the dissolution of the JPA managed ambulance response agency, provide notice of intent to retain the 1797.201 rights and authorize the City to submit an application for advanced life support (ALS) certification.

L. Authorize the City to retain Bill Ross as Special Counsel to review and advise the City on ambulance services.

Gerard Rose provided an overview of the Carmel Regional Ambulance Authority and spoke about options for retaining the City’s 201 Rights after the Joint Powers Authority with Carmel Valley ends on June 30, 2011. The 201 Rights are those legal rights that allow a city to have its own ambulance authority.

Council Member BURNETT moved to submit an application for advanced life support (ALS) certification, to authorize the City to retain Bill Ross as Special Counsel to review and advise the City on ambulance services, and to include “ambulance” on the agenda of the April 28 special workshop meeting, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Mayor McCloud re-opened the meeting to public comment at 5:50 p.m.

Carolyn Hardy discussed fire services and the April 28 workshop.

Bill Hood expressed interest in serving as interim City Administrator.

Richard Julian, representing Carmel Sustainable, discussed a move to ban single-use plastic bags. He introduced three members of the Carmel High School Environmental Club, who also spoke about banning plastic bags.

Adam Moniz spoke about supporting the Big Sur business community and the motion/vote taken at the Council’s September 21, 2010 closed session meeting.

Mayor McCloud closed the meeting to public comment at 6:02 p.m.

VII. CONSENT CALENDAR
A. Ratify the minutes for the special meeting of February 22, 2011.
B. Ratify the minutes for the regular meeting of March 1, 2011.
C. Ratify the minutes for the special meeting of March 22, 2011.
D. Ratify the bills paid for the month of March 2011.
E. Consideration of a Resolution authorizing the payment of $80,745 to
Pebble Beach Company for completion of the stairway access and beach
boardwalk.
F. Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an Inter-Agency Agreement with the Monterey County Health
Department to form the Monterey County Behavioral Health Crisis Negotiation
Team (BHCNT).
G. Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to participate in a Monterey Peninsula Narcotics and Violent Crime Task Force (NVCTF).
H. Consideration of a Resolution entering into a five-year lease agreement
with the Pacific Repertory Theater for the use of the Forest Theater facility.
I. Consideration of a Resolution entering into a five-year lease agreement
with the Forest Theater Guild for the use of the Forest Theater facility.
J. Ratify Settlement Agreement between the City of Carmel-by-the-Sea and
Richard Guillen, City Administrator.
K. Authorize a letter to the County to proceed with the dissolution of the JPA managed ambulance response agency, provide notice of intent to retain the 1797.201 rights and authorize the City to submit an application for advanced life support (ALS) certification.
L. Authorize the City to retain Bill Ross as Special Counsel to review and advise the City on ambulance services.
M. Authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea.

Council Member Burnett asked for a correction to the Minutes of March 1, 2011.

Mayor McCloud asked for a correction to the contract in Item “G”.

Carolyn Hardy asked to pull Item “H”.

Ken Hutchinson, vice president of the Carmel Professional Firefighters, spoke to Item “M”, and this item was pulled to the end of the meeting.
Adam Moniz asked to pull Item “J”.

Council Member BURNETT moved to approve Consent Agenda Items “A”-“G” with
corrections, and to move discussion of Item “H” to immediately after the Consent Calendar, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP;TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

H. Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

Stephen Moorer, executive director of Pacific Repertory Theater, addressed the issue of the times designated for set construction.

Carolyn Hardy, Adam Moniz and Carl Iverson spoke to the issue.

Council Member BURNETT moved to approve Consent Agenda Item “H”, with the amendment that with the exception of rehearsals, all work including construction on sets shall end by 5:30 p.m. and shall not begin before 9:00 a.m. on Sundays, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE; McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

VIII. PUBLIC HEARINGS
A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of 7th Avenue. The appellant is Old Mill Properties LLC.

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of 7th Avenue.

The appellant is Old Mill Properties, LLC.

This item was continued to the May 3, 2011 meeting.

IX. ORDINANCES
A. Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (Second reading)

Planning Services Manager Sean Conroy presented the staff report.

Mayor McCloud opened the meeting to public comment at 6:35 p.m.

Anna Yeatman expressed concern about restrictions on the size of cages and asked that this be considered on a case-by-case basis.

Carla Ramsay discussed poultry diseases and other problems related to keeping chickens.

Mayor McCloud closed the meeting to public comment at 6:38 p.m.

Council Member BURNETT moved to approve, upon second reading, the Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea, seconded by Council Member SHARP and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; & TALMAGE
NOES: COUNCIL MEMBERS: McCLOUD
ABSENT: COUNCIL MEMBERS: NONE

X. RESOLUTIONS
A. Consideration of a Resolution adopting revisions to the Fiscal Year 2010-11 General Fund budget.

Council Member Talmage presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:00 p.m.

Barbara Livingston addressed the importance of the emergency generator project and the Del Mar tanks, which supply water.

Brian McNamara spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:03 p.m.

Council Member TALMAGE moved to approve adoption of revisions to the Fiscal Year 2010-11 General Fund budget as outlined in the Budget Summary, seconded by Council Member BURNETT and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

B. Consideration of a Resolution awarding a bid to Collins Electric Company for the Police Department/Public Works Emergency Generator and Fuel Systems Modification Project for a total project cost of $272,160.

Tim Meroney and Facilities Maintenance Manager Benny Martino presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:22 p.m.

Adam Moniz spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:23 p.m.

Council Member TALMAGE moved to award a bid to Collins Electric Company for the Police Department/Public Works Emergency Generator and Fuel Systems Modification Project for a total project cost of $272,160. Of this amount, $165,000 is budgeted in FY 2010-11 with the remainder to be funded in the FY 2011-12 budget, seconded by Council Member SHARP and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

C. Consideration of a Resolution to lend 30 Edward Weston photographs to the Monterey Museum of Art from May 9 through October 14, 2011 for an exhibition titled “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”.

Council Member Burnett recused himself as his wife serves on the Museum Board.

Library Director Janet Cubbage presented the staff report.

Mayor McCloud opened the meeting to public comment at 7:29 p.m.

Michael Whittington, executive director of the Museum, spoke to the issue.

Mayor McCloud closed the meeting to public comment at 7:31 p.m.

Council Member HAZDOVAC moved to lend 30 Edward Weston photographs to the Monterey Museum of Art-La Mirada from May 9 through October 14, 2011 for an exhibition titled “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”, seconded by Council Member TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: BURNETT

D. Consideration of a Resolution approving a pass-through disposal rate increase of 0.29% (as approved by the Monterey Regional Waste Management District) and an annual cost-of-living adjustment of 0.57% for a total increase of 0.86%. Michael LaRussa, Contract Compliance and Municipal Relations at Waste Management, addressed Council.

Mayor McCloud opened the meeting to public comment at 7:45 p.m.

Barbara Livingston spoke to the issue.

Adam Moniz spoke about beach trash and solar compactors.

Monta Potter spoke about promoting sustainable Carmel.

Mayor McCloud closed the meeting to public comment at 7:50 p.m.

This item was continued to the May 3, 2011 meeting in order for City and Waste Management staff to gather more information about the service level provided to the City.

XI. ORDERS OF COUNCIL
A. Approve amendments to City’s revised Harassment Prevention Policy.

Jon Giffin, of the law firm Kennedy, Archer, Harray, presented the report and outlined some word requested modifications he made. He also said he was asked to include a section addressing “Favoritism”.

Mayor McCloud opened the meeting to public comment at 8:15 p.m.

Adam Moniz spoke to the issue.

Mayor McCloud closed the meeting to public comment at 8:20 p.m.

Council requested Jon Giffen to incorporate the changes and send them a revised version. The draft will then be circulated to the three employee groups and at-will employees for comments to be returned by April 22. A final draft will be placed on the May 3, 2011 City Council agenda.

B. Scheduling Future City Council meetings – Please Bring Your Calendar

J. Ratify Settlement Agreement between the City of Carmel-by-the-Sea and Richard Guillen, City Administrator.

Adam Moniz had pulled Item “J” for discussion at the end of the meeting.

City Attorney Don Freeman outlined the settlement agreement.

Council Member TALMAGE moved to ratify the Settlement Agreement between the City of Carmel-by-the-Sea and Richard Guillen, City Administrator, seconded by Council Member HAZDOVAC and carried by the following roll call vote:
AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

I. Consideration of a Resolution entering into a five-year lease agreement with the Forest Theater Guild for the use of the Forest Theater facility.

Carolyn Hardy had pulled Item “I” for discussion at the end of the meeting.

Assistant City Administrator Heidi Burch presented the staff report.

Rebecca Barrymore, president of the Forest Theater Guild, spoke to the issue and requested a five-year lease.

Mayor McCloud opened the meeting to public comment at 9:02 p.m.

Carolyn Hardy spoke about construction noise and extra sound amplification at the Theater.

Mayor McCloud closed the meeting to public comment at 9:07 p.m.

Council Member BURNETT moved to enter into a one-year lease agreement with the Forest Theater Guild for the use of the Forest Theater facility, to ask the Guild return after the season with a request for a full lease to continue to 2015, to add the amendment that with the exception of rehearsals, all work including construction on sets shall end by 5:30 p.m. and begin no earlier than 9:00 a.m. on Sundays and direct staff to work out the details of the calendar with the Guild, with the staff’s resolution being final, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; & McCLOUD
NOES: COUNCIL MEMBERS: TALMAGE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

M. Authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea.

Item “M” had been pulled by Ken Hutchinson for discussion later in the meeting.

Ken Hutchinson provided a statement on behalf of the Carmel Professional Firefighters.

Adam Moniz spoke to the issue.

Council Member TALMAGE moved to authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea, seconded by Council Member BURNETT and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

XII. ADJOURNMENT

Mayor McCloud declared the meeting adjourned at 9:25 p.m.

Respectfully submitted, ATTEST:

_____________________________ _____________________________
Molly Laughlin, Deputy City Clerk MAYOR SUE McCLOUD

CITY COUNCIL: Check Register April 2011

City of Carmel by‐the‐Sea
Check Register
April 2011
Ck No.---Ck Date------Vendor Name--Amount---Exp Acct---Description
122216 4/12/2011 AILING HOUSE PEST CONTROL $ 150.00 01 70050 OUTSIDE LABOR
122216 4/12/2011 AILING HOUSE PEST CONTROL $ 55.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 60.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 50.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 65.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 44.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 50.00 01 70050 OUTSIDE LABOR
122285 4/26/2011 AILING HOUSE PEST CONTROL $ 55.00 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 529.00

122183 4/5/2011 AIRTEC INC $ 168.00 01 70050 OUTSIDE LABOR
122217 4/12/2011 AIRTEC INC $ 834.54 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 1,002.54

122218 4/12/2011 ALHAMBRA $ 30.66 01 64053 0002 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 30.66

122286 4/26/2011 ALWAYS UNDER PRESSURE $ 364.50 01 76050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 364.50

122184 4/5/2011 AMERICAN SUPPLY COMPANY $ 490.37 01 70044 CUSTODIAL SUPPLIES
Vendor Total ‐‐‐‐‐> $ 490.37

122253 4/19/2011 ANDON LAUNDRY SERVICE $ 417.00 01 72053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 417.00

122254 4/19/2011 BAY SERVICE AUTOMOTIVE $ 98.04 01 76049 0002 EQUIPMENT MAINTENANCE
Vendor Total ‐‐‐‐‐> $ 98.04

122185 4/5/2011 BOUND TREE MEDICAL LLC $ 1,102.46 01 72603 MEDICAL SUPPLIES
122185 4/5/2011 BOUND TREE MEDICAL LLC $ 483.35 01 72603 MEDICAL SUPPLIES
Vendor Total ‐‐‐‐‐> $ 1,585.81

122219 4/12/2011 BROADWAY LOCKSMITH $ 2,178.29 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 2,178.29

122220 4/12/2011 BURGHARDT‐DORE ADVERTISING, INC. $ 2,075.00 01 85200 REGIONAL DESTINATION MARKETING
122220 4/12/2011 BURGHARDT‐DORE ADVERTISING, INC. $ 3,784.50 01 85200 REGIONAL DESTINATION MARKETING
122220 4/12/2011 BURGHARDT‐DORE ADVERTISING, INC. $ 7,300.00 01 85200 REGIONAL DESTINATION MARKETING
122220 4/12/2011 BURGHARDT‐DORE ADVERTISING, INC. $ 3,420.00 01 85200 REGIONAL DESTINATION MARKETING
122220 4/12/2011 BURGHARDT‐DORE ADVERTISING, INC. $ 740.00 01 85200 REGIONAL DESTINATION MARKETING
Vendor Total ‐‐‐‐‐> $ 17,319.50

122255 4/19/2011 CAL‐AM WATER COMPANY $ 132.25 01 64026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 3,354.56 01 70026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 256.57 01 72026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 95.09 01 74026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 1,272.74 01 76026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 11.99 01 82026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 149.44 01 84026 UTILITIES
122255 4/19/2011 CAL‐AM WATER COMPANY $ 72.06 60 81026 UTILITIES
122287 4/26/2011 CAL‐AM WATER COMPANY $ 2,539.83 01 76026 UTILITIES
122287 4/26/2011 CAL‐AM WATER COMPANY $ 38.46 01 84026 UTILITIES
Vendor Total ‐‐‐‐‐> $ 7,922.99

122256 4/19/2011 CALTRONICS BUSINESS SYSTEMS INC $ 44.59 01 69053 0001 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 44.59

122186 4/5/2011 CARMEL PINE CONE $ 75.00 01 64040 ADVERTISING
122221 4/12/2011 CARMEL PINE CONE $ 39.57 01 69040 ADVERTISING
122257 4/19/2011 CARMEL PINE CONE $ 330.00 01 64040 ADVERTISING
Vendor Total ‐‐‐‐‐> $ 444.57

122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 2,277.28 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 50.00 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 50.76 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 1,149.53 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 403.98 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 331.18 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 753.42 01 69051 PROFESSIONAL SERVICES
122222 4/12/2011 CARMEL FIRE PROTCTN ASSOC $ 76.24 01 69051 PROFESSIONAL SERVICES
122258 4/19/2011 CARMEL FIRE PROTCTN ASSOC $ 100.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
122258 4/19/2011 CARMEL FIRE PROTCTN ASSOC $ 175.00 50 24050 0418 PLAN CHECK (CONTRACT FIRE EXP)
Vendor Total ‐‐‐‐‐> $ 5,367.39

122288 4/26/2011 CARMEL BLDG & DESIGN $ 735.00 50 24050 2409 DRESSEL/OEES40/010214027000
Vendor Total ‐‐‐‐‐> $ 735.00

122223 4/12/2011 CARMEL TOWING & GARAGE $ 25.45 01 76046 FUEL
122223 4/12/2011 CARMEL TOWING & GARAGE $ 19.73 01 76046 FUEL
122223 4/12/2011 CARMEL TOWING & GARAGE $ 18.82 01 76046 FUEL
Vendor Total ‐‐‐‐‐> $ 64.00

122187 4/5/2011 CATERPILLAR FINANCIAL SERVICE CORP $ 3,710.02 01 88578 CATERPILLAR LOADER
Vendor Total ‐‐‐‐‐> $ 3,710.02

122188 4/5/2011 CDW‐G GOVERNMENT INC. $ 1,034.99 01 65049 EQUIPMENT MAINTENANCE
122188 4/5/2011 CDW‐G GOVERNMENT INC. $ 1,806.70 01 65049 EQUIPMENT MAINTENANCE
Vendor Total ‐‐‐‐‐> $ 2,841.69

122224 4/12/2011 CEMEX $ 160.21 01 76045 MATERIALS/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 160.21

122259 4/19/2011 CERTIFION CORP $ 22.15 01 74053 CONTRACTUAL SERVICES
122259 4/19/2011 CERTIFION CORP $ 12.75 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 34.90

122225 4/12/2011 CITY OF MONTEREY $ 13,500.00 01 72053 CONTRACTUAL SERVICES
122225 4/12/2011 CITY OF MONTEREY $ 4,962.97 01 76049 0002 EQUIPMENT MAINTENANCE
122289 4/26/2011 CITY OF MONTEREY $ 5,894.82 01 72011 OVERTIME
Vendor Total ‐‐‐‐‐> $ 24,357.79

122189 4/5/2011 CITY OF SEASIDE $ 1,507.50 01 76053 0005 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 1,507.50

122226 4/12/2011 COASTAL TPA, INC $ 685.00 01 74017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 394.00 01 84017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 10.44 01 72017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 126.00 01 64017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 480.00 01 70017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 806.50 01 74017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 242.00 01 72017 0003 MEDICAL PROGRAM
122226 4/12/2011 COASTAL TPA, INC $ 150.00 01 76017 0003 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 42.60 01 60017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 428.80 01 74017 0003 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 29.10 01 64017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 122.00 01 72017 0003 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 19.40 01 65017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 29.10 01 67017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 48.50 01 69017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 19.40 01 70017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 126.10 01 72017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 184.30 01 74017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 77.60 01 76017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 19.40 01 78017 0004 MEDICAL PROGRAM
122260 4/19/2011 COASTAL TPA, INC $ 97.00 01 84017 0004 MEDICAL PROGRAM
122290 4/26/2011 COASTAL TPA, INC $ 456.00 01 76017 0003 MEDICAL PROGRAM
122290 4/26/2011 COASTAL TPA, INC $ 165.00 01 72017 0003 MEDICAL PROGRAM
122290 4/26/2011 COASTAL TPA, INC $ 322.00 01 84017 0003 MEDICAL PROGRAM
122290 4/26/2011 COASTAL TPA, INC $ 658.00 01 70017 0003 MEDICAL PROGRAM
Vendor Total ‐‐‐‐‐> $ 5,738.24

122261 4/19/2011 COMMUNITY HOSPITAL OF THE $ 20.00 01 74053 CONTRACTUAL SERVICES
122261 4/19/2011 COMMUNITY HOSPITAL OF THE $ 20.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 40.00

122227 4/12/2011 COMCAST $ 3.18 01 65053 CONTRACTUAL SERVICES
122291 4/26/2011 COMCAST $ 14.31 01 65053 CONTRACTUAL SERVICES
122291 4/26/2011 COMCAST $ 164.95 01 65053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 182.44

122262 4/19/2011 CONNEY SAFETY PRODUCTS $ 126.39 01 76057 SAFETY EQUIPMENT
Vendor Total ‐‐‐‐‐> $ 126.39

122228 4/12/2011 COPIES BY‐THE‐SEA $ 99.24 01 69039 0001 PRINTING
122228 4/12/2011 COPIES BY‐THE‐SEA $ 251.43 01 64039 PRINTING
Vendor Total ‐‐‐‐‐> $ 350.67

122190 4/5/2011 CORBIN WILLITS SYSTEM $ 720.79 01 65053 CONTRACTUAL SERVICES
122292 4/26/2011 CORBIN WILLITS SYSTEM $ 720.79 01 65053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 1,441.58

122229 4/12/2011 DEL MAR FRENCH LNDRY INC. $ 18.75 01 72044 CUSTODIAL SUPPLIES
Vendor Total ‐‐‐‐‐> $ 18.75

122230 4/12/2011 DEPT. OF CONSERVATION $ 397.28 50 24050 0401 BUILDING PERMITS/SMIP
Vendor Total ‐‐‐‐‐> $ 397.28

122263 4/19/2011 DEPARTMENT OF JUSTICE $ 102.00 01 67110 PRE‐EMPLOYMENT
122263 4/19/2011 DEPARTMENT OF JUSTICE $ 115.00 50 24050 0534 DEPT OF JUSTICE LIVESCAN FEE
122263 4/19/2011 DEPARTMENT OF JUSTICE $ 83.00 01 67110 PRE‐EMPLOYMENT
122263 4/19/2011 DEPARTMENT OF JUSTICE $ 214.00 50 24050 0534 DEPT OF JUSTICE LIVESCAN FEE
Vendor Total ‐‐‐‐‐> $ 514.00

122293 4/26/2011 DIGITAL PAYMENT TECHNOLOGIES CORP $ 150.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 150.00

122294 4/26/2011 DOCUTEC $ 307.03 01 74050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 307.03

122264 4/19/2011 RYAN RANCH PRINTERS $ 58.46 01 74039 PRINTING
Vendor Total ‐‐‐‐‐> $ 58.46

122295 4/26/2011 ED SANTACRUZ JANITORIAL SERVICE $ 925.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 925.00

122191 4/5/2011 ELECTRICAL DIST. COMPANY $ 69.34 01 70045 MATERIAL/SUPPLIES
122191 4/5/2011 ELECTRICAL DIST. COMPANY $ 286.69 01 70045 MATERIAL/SUPPLIES
122231 4/12/2011 ELECTRICAL DIST. COMPANY $ (52.05) 01 70045 MATERIAL/SUPPLIES
122231 4/12/2011 ELECTRICAL DIST. COMPANY $ 74.61 01 70045 MATERIAL/SUPPLIES
122231 4/26/2011 ELECTRICAL DIST. COMPANY $ 52.05 01 70045 MATERIAL/SUPPLIES
122231 4/26/2011 ELECTRICAL DIST. COMPANY $ (74.61) 01 70045 MATERIAL/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 356.03

122265 4/19/2011 DDEVANS CONSULTING $ 2,000.00 01 65043 OFFICE SUPPLIES
122265 4/19/2011 DDEVANS CONSULTING $ 200.00 01 63053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 2,200.00

122266 4/19/2011 FOX WELDING METAL FABRICATORS INC. $ 1,005.00 01 76050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 1,005.00

122192 4/5/2011 GATES TREE SERVICE, INC. $ 1,665.00 01 78050 0002 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 1,665.00

122267 4/19/2011 GRANITE ROCK COMPANY $ 87.50 01 76045 MATERIALS/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 87.50

122296 4/26/2011 GRANICUS, INC. $ 521.90 50 24050 0804 PUBLIC EDUC./GOVT ACCESS(PEG)
Vendor Total ‐‐‐‐‐> $ 521.90

122232 4/12/2011 GREEN VALLEY LANDSCAPE INC. $ 1,200.00 01 78053 0004 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 1,200.00

122268 4/19/2011 HAINES & COMPANY INC. $ 372.73 01 74034 DOCUMENTS/PUBLICATIOINS
Vendor Total ‐‐‐‐‐> $ 372.73

122269 4/19/2011 HARDEE INVESTIGATIONS $ 937.50 01 74050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 937.50

122193 4/5/2011 HOME DEPOT/GECF $ 121.55 01 70045 MATERIAL/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 121.55

122233 4/12/2011 IDEAL INDUSTRIES, INC. $ 100.00 01 69049 EQUIPMENT MAINTENANCE
Vendor Total ‐‐‐‐‐> $ 100.00

122194 4/5/2011 IKON OFFICE SOLUTIONS $ 315.81 01 64053 CONTRACTUAL SERVICES
122297 4/26/2011 IKON OFFICE SOLUTIONS $ 25.01 01 72053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 340.82

122270 4/19/2011 INTOXIMETERS $ 1,464.73 01 74057 SAFETY EQUIPMENT
Vendor Total ‐‐‐‐‐> $ 1,464.73

122195 4/5/2011 ROBERT S. JAQUES $ 3,800.00 01 76055 STORM WATER RUNOFF PROG EXP
122195 4/5/2011 ROBERT S. JAQUES $ 2,075.00 01 76055 STORM WATER RUNOFF PROG EXP
Vendor Total ‐‐‐‐‐> $ 5,875.00

122196 4/5/2011 JNM AUTOMATION $ 110.00 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 110.00

122197 4/5/2011 JOHN LEY'S TREE SERVICE $ 345.00 01 78050 0002 OUTSIDE LABOR
122234 4/12/2011 JOHN LEY'S TREE SERVICE $ 792.50 01 78050 0004 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 1,137.50

122235 4/12/2011 KNAPP HARDWARE, INC. $ 62.27 01 70045 MATERIAL/SUPPLIES
122235 4/12/2011 KNAPP HARDWARE, INC. $ 31.64 01 78045 MATERIAL/SUPPLIES
122235 4/12/2011 KNAPP HARDWARE, INC. $ 58.85 01 76045 MATERIALS/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 152.76

122298 4/26/2011 ROBERT LITTELL ARCHITECT $ 765.00 50 24050 2409 DRESSEL/OEES40/010214027000
Vendor Total ‐‐‐‐‐> $ 765.00

122236 4/12/2011 LIU OF NA $ 205.92 01 65016 RETIREMENT
122236 4/12/2011 LIU OF NA $ 823.68 01 69016 RETIREMENT
122236 4/12/2011 LIU OF NA $ 205.92 01 70016 RETIREMENT
122236 4/12/2011 LIU OF NA $ 1,647.36 01 76016 RETIREMENT
122236 4/12/2011 LIU OF NA $ 205.92 01 78016 RETIREMENT
122236 4/12/2011 LIU OF NA $ 1,935.65 01 21285 LIUNA SUPPL EE RETIREMENT
122236 4/12/2011 LIU OF NA $ 1,176.91 01 84016 RETIREMENT
Vendor Total ‐‐‐‐‐> $ 6,201.36

122198 4/5/2011 M.J.MURPHY $ 122.74 01 76045 MATERIALS/SUPPLIES
122198 4/5/2011 M.J.MURPHY $ 75.78 01 76045 MATERIALS/SUPPLIES
122198 4/5/2011 M.J.MURPHY $ 956.93 01 72601 EOC SUPPLIES/SERVICE
122198 4/5/2011 M.J.MURPHY $ 122.37 01 76045 MATERIALS/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 1,277.82

122199 4/5/2011 MARTECH INC $ 285.00 01 65051 PROFESSIONAL SERVICES
Vendor Total ‐‐‐‐‐> $ 285.00

122237 4/12/2011 MILLER FLOORS, INC. $ 485.16 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 485.16

122200 4/5/2011 MISSION UNIFORM SERVICE $ 25.96 01 76053 0002 CONTRACTUAL SERVICES
122200 4/5/2011 MISSION UNIFORM SERVICE $ 25.96 01 76053 0002 CONTRACTUAL SERVICES
122200 4/5/2011 MISSION UNIFORM SERVICE $ 25.96 01 76053 0002 CONTRACTUAL SERVICES
122200 4/5/2011 MISSION UNIFORM SERVICE $ 25.96 01 76053 0002 CONTRACTUAL SERVICES
122200 4/5/2011 MISSION UNIFORM SERVICE $ 2.00 01 76031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 25.96 01 76053 0002 CONTRACTUAL SERVICES
122200 4/5/2011 MISSION UNIFORM SERVICE $ 9.36 01 78031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 9.36 01 78031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 9.36 01 78031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 9.36 01 78031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 9.36 01 78031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 73.04 01 76031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 73.04 01 76031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 73.04 01 76031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 73.04 01 76031 CLOTHING EXPENSE
122200 4/5/2011 MISSION UNIFORM SERVICE $ 73.00 01 76031 CLOTHING EXPENSE
Vendor Total ‐‐‐‐‐> $ 543.76

122271 4/19/2011 MONTEREY FIRE EXT. CO. $ 249.66 01 74049 EQUIPMENT MAINTENANCE
Vendor Total ‐‐‐‐‐> $ 249.66

122272 4/19/2011 MONTEREY COUNTY HERALD $ 212.31 01 64051 PROFESSIONAL SERVICES
Vendor Total ‐‐‐‐‐> $ 212.31

122299 4/26/2011 MONTEREY CNTY ANIMAL SERV $ 320.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 320.00

122201 4/5/2011 MONTEREY TIRE SERVICE $ 18.73 01 76048 TIRES/TUBES
Vendor Total ‐‐‐‐‐> $ 18.73

122273 4/19/2011 COUNTY OF MTRY SHERIFF‐CORONER $ 321.03 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 321.03

122274 4/19/2011 MTY COUNTY TELECOMM $ 150.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 150.00

122275 4/19/2011 MONTEREY BAY URGENT CARE $ 206.68 01 67110 PRE‐EMPLOYMENT
122275 4/19/2011 MONTEREY BAY URGENT CARE $ 206.68 01 67110 PRE‐EMPLOYMENT
122275 4/19/2011 MONTEREY BAY URGENT CARE $ 45.00 01 67110 PRE‐EMPLOYMENT
122275 4/19/2011 MONTEREY BAY URGENT CARE $ 105.00 01 67110 PRE‐EMPLOYMENT
Vendor Total ‐‐‐‐‐> $ 563.36

122276 4/19/2011 MONTEREY POLICE DEPT $ 650.00 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 650.00

122238 4/12/2011 MTRY COUNTY CONVENTION & VISITORS BUREAU $ 25,769.50 01 85203 MCCVB MEMBERSHIP
122238 4/12/2011 MTRY COUNTY CONVENTION & VISITORS BUREAU $ 14,757.00 01 20260 TOURISM IMPRVMT DISTRICT PYBLE
122238 4/12/2011 MTRY COUNTY CONVENTION & VISITORS BUREAU $ (147.57) 01 36351 0002 ADMINISTRATIVE SERVICES
Vendor Total ‐‐‐‐‐> $ 40,378.93

122239 4/12/2011 MONTEREY COUNTY RECORDER $ 18.00 01 64032 PERMITS,LICENSES & FEES
Vendor Total ‐‐‐‐‐> $ 18.00

122240 4/12/2011 MONTEREY BAY PLANNING SERVICES $ 335.00 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total ‐‐‐‐‐> $ 335.00

122300 4/26/2011 MONTEREY PENINSULA ENGINEERING $ 249,669.90 01 89585 0002 FY 10‐11 STREET & RD PROJECTS
Vendor Total ‐‐‐‐‐> $ 249,669.90

122241 4/12/2011 NANCY'S MID VLY FLORIST $ 48.71 01 60207 COUNCIL DISCRETIONARY
Vendor Total ‐‐‐‐‐> $ 48.71

122277 4/19/2011 NEILL ENGINEERS CORP. $ 150.00 01 62053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 150.00

122301 4/26/2011 NEW IMAGE LANDSCAPE CO. $ 2,937.50 01 78053 0002 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 2,937.50

122202 4/5/2011 NEXTEL COMMUNICATIONS $ 90.27 01 72036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 116.41 01 64036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 57.01 01 65036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 153.80 01 69036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 56.90 01 70036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 413.98 01 74036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 110.33 01 76036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 28.45 01 78036 TELEPHONE
122242 4/12/2011 NEXTEL COMMUNICATIONS $ 28.45 01 82036 TELEPHONE
Vendor Total ‐‐‐‐‐> $ 1,055.60

122243 4/12/2011 OFFICE DEPOT, INC. $ 27.25 01 69043 OFFICE SUPPLIES
122243 4/12/2011 OFFICE DEPOT, INC. $ 10.11 01 69043 OFFICE SUPPLIES
122243 4/12/2011 OFFICE DEPOT, INC. $ 9.29 01 70044 CUSTODIAL SUPPLIES
122278 4/19/2011 OFFICE DEPOT, INC. $ 166.08 01 74043 OFFICE SUPPLIES
Vendor Total ‐‐‐‐‐> $ 212.73

122203 4/5/2011 ORCHARD SUPPLY $ 81.19 01 76045 MATERIALS/SUPPLIES
122203 4/5/2011 ORCHARD SUPPLY $ 16.30 01 76057 SAFETY EQUIPMENT
Vendor Total ‐‐‐‐‐> $ 97.49

122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 110.48 01 76026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 504.23 01 64026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 49.02 01 70026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 718.17 01 72026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 3,203.10 01 74026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 1,582.47 01 76026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 143.22 01 78026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 489.91 01 82026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 224.70 01 81026 UTILITIES
122244 4/12/2011 PACIFIC GAS & ELECTRIC CO $ 1,533.46 01 84026 UTILITIES
Vendor Total ‐‐‐‐‐> $ 8,558.76

122245 4/12/2011 PALACE ART & OFFICE SUPPLY $ 41.35 01 64043 OFFICE SUPPLIES
Vendor Total ‐‐‐‐‐> $ 41.35

122246 4/12/2011 PEBBLE BEACH RESORTS $ 80,745.00 01 89642 CARMEL BCH STAIRS IMPROVEMENTS
Vendor Total ‐‐‐‐‐> $ 80,745.00

122204 4/5/2011 PENINSULA MESSENGER SERVICE $ 4,587.00 01 64204 MAIL SERVICE CONTRACT
Vendor Total ‐‐‐‐‐> $ 4,587.00

122205 4/5/2011 PETTY CASH‐ADMINISTRATION $ 26.90 01 64043 OFFICE SUPPLIES
122205 4/5/2011 PETTY CASH‐ADMINISTRATION $ 103.50 01 64030 TRAINING/PERSONAL EXP.
Vendor Total ‐‐‐‐‐> $ 130.40

122206 4/5/2011 PETTY CASH ‐ RECREATION $ 14.15 01 82055 COMMUNITY ACTIVITIES
Vendor Total ‐‐‐‐‐> $ 14.15

122207 4/5/2011 PITNEY BOWES $ 94.76 01 64043 OFFICE SUPPLIES
Vendor Total ‐‐‐‐‐> $ 94.76

122279 4/19/2011 PRO PROJECT MANAGE $ 500.00 50 24050 1299
Vendor Total ‐‐‐‐‐> $ 500.00
KIRZ/027N15/010108012000

122280 4/19/2011 VICTORIA RAGGETT $ 136.96 50 24050 0733 ARTS & CRAFTS PROGRAM
122302 4/26/2011 VICTORIA RAGGETT $ 16.13 50 24050 0733 ARTS & CRAFTS PROGRAM
Vendor Total ‐‐‐‐‐> $ 153.09

122281 4/19/2011 CATHERINE REETZ $ 75.00 01 31820 0002 BUSINESS LICENSE TAX
122281 4/19/2011 CATHERINE REETZ $ 50.00 01 33351 BUSINESS APPLICATION FEE
122281 4/19/2011 CATHERINE REETZ $ 62.50 01 33351 0003 BUSINESS APPLICATION FEE
Vendor Total ‐‐‐‐‐> $ 187.50

122208 4/5/2011 RICHARD PETTY ELECTRIC $ 950.00 01 70050 OUTSIDE LABOR
122208 4/5/2011 RICHARD PETTY ELECTRIC $ 190.00 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 1,140.00

122282 4/19/2011 JAN ROEHL $ 187.50 01 64051 PROFESSIONAL SERVICES
122282 4/19/2011 JAN ROEHL $ 3,693.75 01 64051 PROFESSIONAL SERVICES
Vendor Total ‐‐‐‐‐> $ 3,881.25

122209 4/5/2011 ROTO‐ROOTER $ 187.91 01 70050 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 187.91

122210 4/5/2011 AT&T/MCI $ 1,834.20 01 64036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 641.91 01 65053 CONTRACTUAL SERVICES
122210 4/5/2011 AT&T/MCI $ 530.96 01 65049 EQUIPMENT MAINTENANCE
122210 4/5/2011 AT&T/MCI $ 215.51 01 69036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 372.66 01 72036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 640.71 01 74036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 138.75 01 76036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 15.92 01 82036 TELEPHONE
122210 4/5/2011 AT&T/MCI $ 15.89 01 81036 TELEPHONE
Vendor Total ‐‐‐‐‐> $ 4,406.51

122303 4/26/2011 SEASIDE GARDEN CENTER $ 230.08 01 89585 0002 FY 10‐11 STREET & RD PROJECTS
122303 4/26/2011 SEASIDE GARDEN CENTER $ 230.08 01 89585 0002 FY 10‐11 STREET & RD PROJECTS
Vendor Total ‐‐‐‐‐> $ 460.16

122283 4/19/2011 KENT SEAVEY $ 1,000.00 50 24050 1299 KIRZ/027N15/010108012000
Vendor Total ‐‐‐‐‐> $ 1,000.00

122247 4/12/2011 SKIPS ONE STOP MONTEREY $ 46.51 01 76047 0001 AUTOMOTIVE PARTS/SUPPLIES
122247 4/12/2011 SKIPS ONE STOP MONTEREY $ 24.05 01 76047 0001 AUTOMOTIVE PARTS/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 70.56

122211 4/5/2011 SUNSET CULTURAL CTR. INC. $ 162,500.00 01 80900 SUNSET CENTER ENABLING GRANT
122304 4/26/2011 SUNSET CULTURAL CTR. INC. $ 4,829.50 01 64051 PROFESSIONAL SERVICES
Vendor Total ‐‐‐‐‐> $ 167,329.50

122305 4/26/2011 THOMSON WEST $ 466.02 01 61034 DOCUMENTS/PUBLICATIONS
Vendor Total ‐‐‐‐‐> $ 466.02

122306 4/26/2011 T‐MOBILE $ 132.12 01 74053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 132.12

122212 4/5/2011 TOPE'S TREE SERVICE $ 600.00 01 78050 0002 OUTSIDE LABOR
Vendor Total ‐‐‐‐‐> $ 600.00

122248 4/12/2011 TRACNET CORPORATION $ 29,000.00 01 88529 P.D. TEL SYST/NETWORK UPGRADES
Vendor Total ‐‐‐‐‐> $ 29,000.00

122213 4/5/2011 TRISTAR RISK MANAGEMENT $ 1,805.00 01 67424 W/C SELF‐FUNDED RUN‐OUT CLAIMS
Vendor Total ‐‐‐‐‐> $ 1,805.00

122307 4/26/2011 TRUCKSIS ENTERPRISES,INC. $ 305.00 01 69053 CONTRACTUAL SERVICES
Vendor Total ‐‐‐‐‐> $ 305.00

122249 4/12/2011 UNION BANK OF CALIFORNIA $ 120,354.27 01 91810 S.C.PROJECT‐PRELIM DEBT‐INT.
122249 4/12/2011 UNION BANK OF CALIFORNIA $ (22,110.83) 01 48008 TRANSFER FROM‐DEBT SERVICE
122249 4/12/2011 UNION BANK OF CALIFORNIA $ 63.84 08 49001 TRANSFER TO‐GENERAL FUND
122249 4/12/2011 UNION BANK OF CALIFORNIA $ (63.84) 01 48008 TRANSFER FROM‐DEBT SERVICE
122249 4/12/2011 UNION BANK OF CALIFORNIA $ (63.84) 08 10999 CASH BALANCE
Vendor Total ‐‐‐‐‐> $ 98,179.60

122284 4/19/2011 VALLEY SAW & GARDEN EQUIP $ 62.85 01 78054 TOOLS/EQUIPMENT
122284 4/19/2011 VALLEY SAW & GARDEN EQUIP $ 49.95 01 78057 SAFETY EQUIPMENT
122284 4/19/2011 VALLEY SAW & GARDEN EQUIP $ 179.12 01 78045 MATERIAL/SUPPLIES
Vendor Total ‐‐‐‐‐> $ 291.92

122308 4/26/2011 VASILOVICH RESIDENTIAL PLNG & DESIGN $ 998.75 01 24050 2406 DUNBAR/115 20/010158011
Vendor Total ‐‐‐‐‐> $ 998.75

122250 4/12/2011 VERIZON WIRELESS $ 45.01 01 69053 CONTRACTUAL SERVICES
122250 4/12/2011 VERIZON WIRELESS $ 38.03 01 72053 CONTRACTUAL SERVICES
122250 4/12/2011 VERIZON WIRELESS $ 38.01 01 74053 CONTRACTUAL SERVICES
122250 4/12/2011 VERIZON WIRELESS $ 38.01 01 65053 CONTRACTUAL SERVICES
122250 4/12/2011 VERIZON WIRELESS $ 54.06 01 64036 TELEPHONE
122250 4/12/2011 VERIZON WIRELESS $ 34.91 01 60036 TELEPHONE
Vendor Total ‐‐‐‐‐> $ 248.03

122251 4/12/2011 MARC WIENER $ 10.50 01 64030 0253 TRAINING/PERSONAL EXP.
Vendor Total ‐‐‐‐‐> $ 10.50

122309 4/26/2011 CHRIS WIRE $ 501.25 01 24050 2406 DUNBAR/115 20/010158011
Vendor Total ‐‐‐‐‐> $ 501.25

122214 4/5/2011 W PAUL WOOD $ 4,500.00 01 67400 AUDITS
Vendor Total ‐‐‐‐‐> $ 4,500.00

122252 4/12/2011 ZEE MEDICAL SERVICE CO. $ 97.91 01 76057 0005 SAFETY EQUIPMENT
Vendor Total ‐‐‐‐‐> $ 97.91

122215 4/5/2011 ZOLL MEDICAL CORPORATION $ 274.52 01 72603 MEDICAL SUPPLIES
Vendor Total ‐‐‐‐‐> $ 274.52

127 Checks Grand Total ‐> $ 816,949.79

CITY COUNCIL: Resolution Authorizing Payment of $80,745 to Pebble Beach Company for Completion of Stairway Access & Beach Boardwalk

City Council
Agenda Item Summary
Name: Consideration of a Resolution authorizing the payment of $80,745 to Pebble Beach Company for completion of the stairway access and beach boardwalk.

Description: The Pebble Beach Company hired Otto Construction to complete the North San Antonio Avenue Pedestrian Trail Beach Access (boardwalk and stairs) portion of the Carmel Coastal Access Trail project, creating stairway access to the beach and continuing the pathway from Fourth Avenue to Carmel Beach.

Overall Cost:
City Funds: $80,745 (Capital Reserve Fund)
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The City and Pebble Beach Company agreed to divide the cost of this project 50/50. Total expenses for Phase II of this project were $161,490.

Decision Record: Council approved Resolution 2010-69 (October 5, 2010), reimbursing the Pebble Beach Company $98,326.04 for the City’s share of constructing the pathway on San Antonio Avenue between the Carmel/Pebble Beach Gate and Fourth Avenue, which was Phase I of this Project.

Reviewed:


Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE PAYMENT OF $80,745 TO PEBBLE BEACH COMPANY FOR COMPLETION OF THE STAIRWAY ACCESS AND BEACH BOARDWALK

WHEREAS, the Pebble Beach Company and the City agreed to jointly participate in the financing of the construction of the stairway access and beach boardwalk; and

WHEREAS, Pebble Beach Company and the City agreed to divide the total cost of the project construction 50/50; and

WHEREAS, the construction of this project is complete and Pebble Beach Company has submitted an invoice for 50% of construction costs to the City.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize a payment of $80,745 to the Pebble Beach Company per its submitted invoice.

2. Approve amending the FY 2010/2011 Annual Budget to transfer funds from the Capital Reserve Funds to fund this project.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of April 2011, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Authorizing City to Enter into Inter-Agency Agreement with Monterey County Health Department to form Monterey County Behavior Health Crisis Negotiation Team (BHCNT)

Meeting Date: April 5, 2011
Prepared by: Interim Chief Michael Calhoun

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City of Carmel by-the-Sea to enter into an Inter-Agency Agreement with the Monterey County Health Department to form the Monterey County Behavioral Health Crisis Negotiation Team (BHCNT).

Description: The Carmel Police Department, along with Monterey County local and state law enforcement agencies, has a mutual interest in developing a partnership with the Behavioral Health Bureau of the Monterey County Health Department to form the Monterey County Behavioral Health Crisis Negotiating Team (BHCNT).

The team’s purpose is to make available mental health professionals to both trained negotiators and officers who encounter difficult hostage situations or mentally ill or emotionally disturbed persons. All police officers must be Crisis Intervention Trained (CIT). Through this agreement, mental health professionals will serve as a resource to the Monterey Peninsula Regional Response Unit (MPRSRU) to help bring safe resolutions to dynamic crisis situations. The team will be on call to
respond along with the MPRSRU in crisis intervention situations. Field officers also can contact them by phone when dealing with suicidal subjects with serious mental illness or other related mental disorders.

Overall Cost: There is no direct fiscal impact. Although difficult to quantify, participation in the BHCNT could reduce the City’s exposure to litigation arising from an encounter with an individual in crisis. This is based on the inclusion of a mental health professional(s) into law enforcement’s response to individuals in crisis.

Staff Recommendation: Adopt the Resolution. The City Attorney has reviewed the form and content of the contract.

Important Considerations: Through this agreement, mental health professionals will serve as a resource to the Monterey Peninsula Regional Response Unit (MPRSRU) to help bring safe resolutions to dynamic crisis situations.

Decision Record: Council approved the City’s participation in the Monterey Peninsula Special Response Unit (SRU) in November 2009. BHCNT is another component of the SRU.

Reviewed by:

______________________________ _________________
Heidi Burch, Asst. City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY TO ENTER INTO AN INTER-AGENCY AGREEMENT WITH THE MONTEREY COUNTY HEALTH DEPARTMENT TO FORM THE MONTEREY COUNTY BEHAVIORAL HEALTH CRISIS NEGOTIATION TEAM (BHCNT)

WHEREAS, law enforcement officers routinely respond to situations involving people in crisis; and many of those individuals suffer from mental illness or are emotionally disturbed, and some of those encounters have resulted in the use of deadly force; and

WHEREAS, in 1999 Monterey County began offering Crisis Intervention Training to law enforcement officers to better prepare officers to deal with crisis situations and reduce the potential for the use of deadly force; and

WHEREAS, the Monterey County Chiefs Law Enforcement Officers’ Association
(MCCLEOA) recognizes that some crisis situation would benefit from the presence of a mental health professional; and

WHEREAS, the Monterey County Health Department has agreed to make available on-call mental health professionals to assist law enforcement with such crisis situations, and

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA DOES:

1. Approve the Agreement with the City of Carmel-by-the-Sea and the cities of Marina, Seaside, Monterey, Pacific Grove, Sand City, Salinas, Soledad, King City, Greenfield; the Monterey County Sheriff’s Department; California State University at Monterey Bay; and, the Monterey County Health Department to form the Monterey County Behavioral Health Crisis Negotiation Team (BHCNT).

2. Authorize the Interim Police Chief to execute the Agreement and all related documents on behalf of the City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 5th day of April, 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_________________________
SUE McCLOUD, MAYOR

ATTEST:

____________________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Authorizing City to Participate in Monterey Peninsula Narcotics and Violent Crime Task Force (NVCTF)

City Council
Agenda Item Summary

Name: Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to participate in a Monterey Peninsula Narcotics and Violent Crime Task Force (NVCTF).

Description: Various local and state agencies, including the California Bureau of Narcotics Enforcement, the California Highway Patrol, and Monterey County local agencies have joined to propose establishing a Narcotics and Violent Crime Task Force within the County. The primary purpose of the Task Force is to enforce federal, state, and local controlled substances laws and prevent and control crime throughout the
County. Through this Task Force, the various participating agencies will seek to diminish the occurrence of violent crimes and the use of illegal drugs within and across the boundaries of the participating local agencies and to apprehend the responsible offenders, thereby increasing public safety. Formation of this Task Force will be accomplished through approval of the proposed Memorandum of Understanding and will enable the various agencies to share information about the illegal production, distribution, transportation, and use of narcotics and controlled substances. The Task Force also will give participating agencies additional resources to initiate investigations involving street level drug dealers and violent
crime activity, thus better identifying and apprehending drug traffickers.

Overall Cost: There is no direct fiscal impact except overtime compensation, which will be funded out of Police Overtime Budget Account #01-74011.

Staff Recommendation: Adopt the Resolution.

Important Considerations: The formation of an NVCTF will allow the various agencies to share information related to illegal production, distribution, transportation, and use of narcotics and controlled substances and will provide additional resources to initiate investigations involving street level drug dealers and violent crime activity, this better identifying and apprehending drug traffickers.

Decision Record: None

Reviewed by:

______________________________ _________________
Heidi Burch, Asst City Administrator Date

CITY COUNCIL
CITY OF CARMEL-BY-THE-SEA

RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL AUTHORIZING THE CITY OF CARMEL-BY-THE-SEA TO PARTICIPATE IN A MONTEREY PENINSULA NARCOTICS AND VIOLENT CRIME TASK FORCE (NVCTF)

WHEREAS, the California Bureau of Narcotic Enforcement (BNE) has established regional task forces throughout the State of California though which it partners with local agencies to target drug dealers, violent career criminals, illegal drug manufacturers, and violators of
prescription drug laws; and

WHEREAS, BNE, the California Highway Patrol, and several local agencies within the Monterey County have joined to establish a Narcotics and Violent Crime Task Force which will operate with Monterey County and within the boundaries of each of the participating local agencies to enforce federal, state, and local controlled substances laws and to prevent and control violent crime throughout Monterey County and the participating local agencies; and

WHEREAS, the Carmel Police Department and the other participating agencies have agreed to dedicate staff and other resources to support the efforts of the Narcotics and Violent Crime Task Force.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE SEA DOES:

1. Approve the Agreement between the City of Carmel and other local
participating agencies to establish a Narcotics and Violent Crime Task Force to operate within Monterey County and within the boundaries of each of the participating agencies.

2. Authorize the Assistant City Administrator to execute an Agreement and all related documents on behalf of the City, subject to final review and approval by the City Attorney.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA
on this 5th day of April 2011 by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

___________________________
SUE McCLOUD, MAYOR

ATTEST:

___________________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Entering into Five-Year Lease Agreement with Pacific Repertory Theater for Use of Forest Theater

City Council
Agenda Item Summary

Name: Consideration of a Resolution entering into a five-year lease agreement with the Pacific Repertory Theater for the use of the Forest Theater facility.

Description: At its February 1, 2011 meeting, Council directed staff to negotiate a lease agreement with Pacific Repertory Theater for the use of the Forest Theater. Using the prior five-year lease as a starting point for negotiations, staff is recommending the attached proposed lease agreement.

The lease agreement term is for five years and includes the use of the Indoor Theater formerly occupied by the Children Experimental Theater. City lease fees collected from Pacific Repertory Theater are specified on Exhibit “B” under “Schedule of Payments”.

Overall Cost:
City Funds: $13,200 estimated annual revenue
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The Pacific Repertory Theater is a long-established local performing arts organization that offers a range of theatrical and cultural events for the community. This organization is a good tenant during the performance season and pays its City lease fees promptly. The lease fees are deposited into the Forest Theater Enterprise Fund, which offset costs to maintain the Forest Theater facilities and grounds.

Decision Record: The City Council on November 2, 2010 directed staff to negotiate a lease agreement with Pacific Repertory Theater. The City Council confirmed this action at a subsequent meeting held on February 1, 2011.

Reviewed:

Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2011-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ENTERING INTO A FIVE-YEAR LEASE AGREEMENT WITH THE PACIFIC REPERTORY THEATER FOR THE USE OF THE FOREST THEATER FACILITY

WHEREAS, Pacific Repertory Theater is a performing arts organization in the City; and

WHEREAS, the City owns the Forest Theater facility and property; and

WHEREAS, the City leases the Forest Theater facility and property during a performance season, generally commencing in mid-April and ending in mid-October; and

WHEREAS, Pacific Repertory Theater is interested in leasing the Forest Theater facility (including the Indoor Theater) commencing generally the last week of July through the second week of October.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:

1. Authorize a five-year lease with the Pacific Repertory Theater.

2. Authorize depositing fees generated from the Pacific Repertory Theater lease into the Forest Theater Enterprise Fund – Account #60-40727.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 5th day of April 2011, by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

__________________________
Heidi Burch, City Clerk

CITY COUNCIL: Resolution Entering into a Five Year Lease Agreement with Forest Theater Guild for Use of Forest Theater

CITY CLERK’S OFFICE
CITY OF CARMEL-BY-THE-SEA
April 5, 2011
TO: The Honorable Mayor McCloud & Council Members
FROM: Heidi Burch, City Clerk

SUBJECT: Agenda Item VII-I – Consideration of a Resolution entering into a five year lease agreement with the Forest Theater Guild for the use of the Forest Theater facility.

The material for:

Item VII-I – Consideration of a Resolution entering into a five-year lease agreement with the Forest Theater Guild for the use of the Forest Theater facility will be provided under separate cover.

Thank you,

Heidi Burch
City Clerk

CITY COUNCIL: Ratify Settlement Agreement between City Administrator Rich Guillen & City of Carmel-by-the-Sea

Meeting Date: April 5, 2011
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Ratify settlement agreement between Rich Guillen, City Administrator and the City of Carmel-by-the-Sea.

Description: Agreement reached between the City Council and the City Administrator on February 15, 2011.

Overall Cost:
City Funds: Six months severance pay and health benefits as specified
Grant Funds: NA

Staff Recommendation: Authorize Mayor to sign agreement.

Important Considerations: The Settlement was negotiated by the Council on February 15, 2011 and has been reviewed by the City Attorney.

Decision Record: N/A

Reviewed by:

________________________________ _____________________
Heidi Burch, Asst. City Administrator Date

CITY COUNCIL: Authorize Mayor to Submit Responses to Grand Jury Report

Meeting Date: April 5, 2011
Prepared by: Heidi Burch

City Council
Agenda Item Summary

Name: Authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea.

Description: On January 10, 2011 the Monterey County Civil Grand Jury released a report that included findings and recommendations concerning, among other topics, retirement systems and participation in CalPERS for the cities in the county and the Monterey County Regional Water Project. Each of the cities is required to provide a written response by April 11, 2011.

The Carmel CalPERS Pension Committee was appointed by the Mayor in October, 2010 to investigate conditions concerning the city’s retirement systems and its participation in the CalPERS retirement system. The CalPERS Pension Committee drafted the attached responses to the Grand Jury report. Responses regarding the Monterey County Regional Water Project were drafted by City Planning staff.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Authorize the Mayor to respond to the Grand Jury by the April 11, 2011 deadline.

Important Considerations: Upon completion of its term, the Monterey County Civil Grand Jury prepares a report that highlights issues of concern. Cities and agencies within the County are asked to prepare responses to these issues.

Decision Record: The City prepares responses to the Grand Jury’s Annual Report each year.

Reviewed by:

________________________________ _____________________
Heidi Burch, Asst. City Administrator Date

CITY COUNCIL: Appeal of Planning Commission's Decision to Deny Two Unit, Multi-Family Residential Project

Meeting Date: 5 April 2011
Prepared by: Marc Wiener, Associate Planner

City Council
Agenda Item Summary
Name: Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of 7th Avenue. The appellant is Old Mill Properties LLC.

Description: The appellant is requesting that the Council overturn the denial of the project. The appellant argues that the project complies with City standards and should be approved.

Staff Recommendation: Grant the appeal.

Important Considerations: The RC District was established to provide an appropriate location for residential uses and limited commercial uses and to be a transition zone between the more intense activities in the CC and SC Districts and the activities in the R-1 District.

During the Planning Commission hearings several concerns were raised by the
Commission about the project. However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lot.

Decision Record: On 12 January 2011 this project received a split 2-2 vote and was denied due to a lack of a motion for approval.

Attachments:
• Attachment “A” Reduction Plans
• Attachment “B” Appeal Application/Appellant Letters
• Attachment “C” Data Tables
• Attachment “D” Planning Commission Hearing Summary
• Attachment “E” Police Parking Evaluation
• Attachment “F” General Plan Policies
• Attachment “G” Commercial Design Guidelines
• Attachment “H” Correspondence
• Attachment “I” Planning Commission Staff Report (1/12/11)
• Attachment “J” Alternative Site Plan

Reviewed by:

___________________________________ _____________________
Heidi Burch, Assistant City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: HEIDI BURCH, ASSISTANT CITY ADMINISTRATOR
FROM: MARC WIENER, ASSOCIATE PLANNER
DATE: 5 APRIL 2011
SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY A TWO-UNIT, MULTI-FAMILY RESIDENTIAL PROJECT FOR A SITE LOCATED ON
SAN CARLOS STREET 3 SE OF 7TH AVENUE. THE APPELLANT IS OLD MILL PROPERTIES, LLC.

BACKGROUND & PROJECT DESCRIPTION
The project site is located on San Carlos Street three southeast of Seventh Avenue in the
Residential and Limited Commercial (RC) District. The lot was previously developed
with two small cottages that were used for commercial and residential purposes. The
structures were condemned by the City and demolished in May 2010.
The applicant is appealing the Planning Commission’s denial of the proposal to develop
two adjacent lots, each with a multi-family residence. One lot fronts on San Carlos Street
and the other fronts on Mission Street. The lot which faces San Carlos Street (DR 10-24)
is the subject of this staff report, while the lot facing Mission Street (DR 10-25) is the
subject of a separate report.
The proposed multi-family dwelling on San Carlos Street is a 3,200-square-foot Spanish
style structure. The project includes a 2,371-square-foot main residence, a 412-square
foot apartment and a 417-square foot garage. The apartment is located on the lower level
and has a separate entry as well as a kitchen and full bathroom. The project includes
three parking spaces as required by code (see attachment “C” for more information).
The structure is clad with stucco siding, a clay tile roof and includes unclad wood
windows. The front elevation presents an entry element, a balcony and single wood
garage door. The garage door is located 22.5 feet from the sidewalk and is recessed
behind the front balcony. No variances are being requested.


Planning Commission Review: The Planning Commission reviewed this project at four
separate hearings (see attachment “D” for a hearing summary). Due to a conflict of
interest, one commissioner was required to step down during the review process. On 12
January 2011 both projects received a split 2-2 vote and were denied due to a lack of a
motion for approval.
Since there was no majority vote to approve or deny the project, there are no formal
Planning Commission findings that accompany this appeal. During the hearings several
concerns were raised by the Commission including mass and scale, architectural design,
landscaping and safety (see attachment “D”). However, the primary point of debate
centered on whether the applicant should be required to place the parking at the rear of
the lot.
BASIS FOR APPEAL
The property owner is appealing the project denial for the following reasons (see
attachment “B” for more information):
• The proposed project is consistent with the Zoning Code and Commercial Design
Guidelines.
• The determination that parking should be at the rear of the property is unfounded
and cannot be tied to the Zoning Code or Design Guidelines.
• Parking in the back is an impractical notion that is too costly and would result in a
financially disastrous project.
EVALUATION
This section of the staff report discusses the General Plan, Zoning Regulations and
Design Guidelines that should be used by the City Council in its deliberation. Staff notes
that the City Attorney was required to step down due to a conflict of interest and did not
provide staff with any legal counsel for this project.
General Plan
The General Plan land use designation for this site is Commercial/Residential. Page 1-15
of the General Plan states:
“this area is intended to provide for a mix of residential dwellings and a limited
range of office and service uses in scale with the character of the community. Less
intense commercial uses and visitor accommodations are allowed in this area.
Mixed-use developments of commercial and multi-family residential uses at a
maximum density of thirty-three (33) units per acre are allowed. This area is also
appropriate for public service uses.”


The General Plan envisions residential, limited commercial, public services and mixeduse
developments for this area. The traditional character of the RC district is quite
eclectic and contains single-family residences, multi-family structures, mixed use
structures, commercial structures and public services. The proposed multi-family
residential use is consistent with the intent of the General Plan and the traditional
character of the District.
There are several goals, objectives and policies in the Land Use Element of the General
Plan that provide guidance on project design, which are summarized in Attachment “F”.
Objective 01-11 was the focus of much of the Commission’s debate and encourages
pedestrian-oriented commercial and multi-family districts that are integrated into the
residential character of the community. The Commission was split on whether the
proposed design, that includes vehicle parking towards the front of the site rather than at
the rear, was inconsistent with this objective.
Staff notes that there are challenges to placing parking at the rear of this site. This site is
narrow, steeply sloped, and includes a large significant tree that constrains the potential
location of parking. Placing the parking at the rear would require a sloped driveway.
Sloped driveways often require tall retaining walls and expose more of the mass of a
structure to the street, as well as presenting safety concerns due to the limited lines-ofsight
when approaching the street. These challenges should be taken into consideration
as well as the concerns raised by the Commission that placing the parking near the front
of the site is not pedestrian friendly.
Zoning Regulations
The Zoning Designation for this site is Residential and Limited Commercial (RC). CMC
Section 17.14.010.C states that the purpose of the RC District is:
“to provide an appropriate location for permanent and transient residential uses,
service and office uses, and limited retail uses that do not adversely impact the
residential neighborhood. This district is intended to provide a transition and
buffer between the more intense activities in the CC and SC districts and the less
intense activities in the R-1 and R-4 districts.”


CMC Section 17.14 establishes the range of permitted and conditional uses that are
allowed in this district. Multi-family residential projects with a density between 0-22
acres are considered a permitted use by the Zoning Ordinance. CMC Section 17.68.030
defines a multi-family dwelling as:
“a building or group of buildings on a single building site that contains two or
more dwellings, each with its own facilities for parking, living, sleeping, cooking
and eating. This classification includes condominiums, townhouses, and
apartments.”
The proposed structure includes a 2,371 square foot main residence with a 412 square
foot apartment. The apartment has a separate entry, bathroom, cooking and sleeping
facility, and includes a designated parking space. Based on the above definition, the
project qualifies as a multi-family dwelling. Staff notes that the Zoning Code and
Housing Element encourage a mix of unit sizes to provide a wide range of housing
opportunities.
Design Guidelines: CMC Section 17.14.100 states that the “Basic standard of review in
the commercial district is whether the project constitutes an improvement over existing
conditions – not whether the project just meets minimum standards.” CMC 17.14.110
indicates that the Commercial Design Guidelines have been adopted to assist in the
design review process and that “Proposed projects need not strictly comply with every
Guideline to be approved but deviations should be minor and reasonably related to good
design principles and site conditions.”
Attachment “G” includes a list of some of the relevant Commercial Design Guidelines
that the Council should consider. In summary, the Guidelines encourage buildings to
provide visual interest, complement the rhythms established by other buildings in the
immediate vicinity and encourage building materials and colors to respect the traditions
already established in the commercial district.
The project provides visual interest and is consistent with the heights of other buildings
between Seventh and Eighth Avenues on San Carlo Street. The structure is larger than
the neighboring building to the south, however, the neighboring building is undersized
compared to the other buildings in the vicinity.
With regards to materials, the applicant is proposing an off-white stucco siding, clay tile
roofing and wood windows. Spanish style architecture with the proposed materials is
traditionally used in the commercial district. The proposed color also respects the
traditions and context of the commercial district.

Safety: The Carmel Police Department reviewed the plans and conducted a site visit in
order to evaluate the safety of the proposed parking designs (see attachment “E”). The
Police Department determined that there were no undue traffic and safety problems
arising from the construction of the driveway as set forth in the plans.
Use Permit: The construction of basement floor space is permitted in the commercial
district with the approval of a use permit (CMC 17.14.015). Floor space qualifies as a
basement if the distance between the exterior grade and finished floor above is one-foot
or less. In the original proposal a portion of the lower level dedicated to storage and
mechanical equipment qualified as a basement space. The applicant has since revised the
design so that no portion of the lower level qualifies as a basement. As a result a use
permit is no longer required.
Summary: The City Council should discuss the following questions:
• Is the project consistent with the General Plan?
• Does the project comply with the Zoning Requirements for the RC District?
• Is the project consistent with the Commercial Design Guidelines?
RECOMMENDATION
Staff recommends that the Council make the following motion:
1) Grant the appeal for DR 10-24 (San Carlos Street) and direct staff to prepare
findings and conditions for approval.

CITY COUNCIL: Appeal of Planning Commission's Decision to Deny Two Unit Multi-Family Residential Project

Meeting Date: 5 April 2011
Prepared by: Marc Wiener, Associate Planner

City Council
Agenda Item Summary

Name: Consideration of an appeal of the Planning Commission’s decision to deny a two unit multi-family residential project for a site located on Mission Street 3 SW of 7th Avenue. The appellant is Old Mill Properties LLC.

Description: The appellant is requesting that the Council overturn the denial of the project. The appellant argues that the project complies with City standards and should be approved.

Staff Recommendation: Grant the appeal.

Important Considerations: The RC District was established to provide an appropriate location for residential uses and limited commercial uses and to be a transition zone between the more intense activities in the CC and SC Districts and the activities in the R-1 District.

During the Planning Commission hearings several concerns were raised by the
Commission about the project. However, the primary point of debate centered on whether the applicant should be required to place the parking at the rear of the lot.

Decision Record: On 12 January 2011 this project received a split 2-2 vote and was denied due to a lack of a motion for approval.

Attachments:
• Attachment “A” Reduction Plans
• Attachment “B” Appeal Application (See San Carlos Report)
• Attachment “C” Data Table
• Attachments “D-H” (See San Carlos Report)
• Attachment “I” Planning Commission Staff Report (1/12/11)
• Attachment “J” Alternative Site Plan

Reviewed by:

_________________________________ _____________________
Heidi Burch, Assistant City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: HEIDI BURCH, ASSISTANT CITY ADMINISTRATOR
FROM: MARC WIENER, ASSOCIATE PLANNER
DATE: 5 APRIL 2011
SUBJECT: CONSIDERATION OF AN APPEAL OF THE PLANNING COMMISSION’S DECISION TO DENY A TWO-UNIT, MULTI-FAMILY RESIDENTIAL PROJECT FOR A SITE LOCATED ON MISSION STREET 3 SW OF 7TH AVENUE.
THE APPELLANT IS OLD MILL PROPERTIES, LLC.

BACKGROUND & PROJECT DESCRIPTION
The project site is located on Mission Street three southwest of Seventh Avenue in the
Residential and Limited Commercial (RC) District. The lot was previously developed
with a small single family residence. The structure was condemned by the City and
demolished several years ago.
The applicant is appealing the Planning Commission’s denial of the proposal to develop
two adjacent lots, each with a multi-family residence. One lot fronts on San Carlos Street
and the other fronts on Mission Street. The lot which faces Mission Street (DR 10-25) is
the subject of this staff report, while the lot facing San Carlos Street (DR 10-24) is the
subject of a separate report. Attachments D-H are attached to the San Carlos staff report.
The applicant is proposing to construct a 3,600-square-foot multi-family dwelling. The
project includes a 2,756-square-foot main residence with a 410-square foot apartment.
The apartment is located on the lower level and has a separate entry as well as a kitchen
and full bathroom. The project includes three parking spaces as required by code (see
attachment “C” for more information).
The proposed structure consists of a low pitched gable and hip roof design with wood
rafter tails. The entire residence is clad with a stone veneer and includes wood doors and
windows and a slate roof. The front façade presents an entry element and a two-car
garage and carport to the street. No variances are being requested.
Planning Commission Review: The Planning Commission reviewed this project at four
separate hearings (see attachment “D” for a hearing summary). Due to a conflict of
interest, one commissioner was required to step down during the review process. On 12
138
Old Mill Properties Appeal (Mission - DR 10-25)
5 April 2011
Staff Report
Page 2
January 2011 both projects received a split 2-2 vote and were denied due to a lack of a
motion for approval.
Since there was no majority vote to approve or deny the project, there are no formal
Planning Commission findings that accompany this appeal. During the hearings several
concerns were raised by the Commission including mass and scale, architectural design,
landscaping and safety (see attachment “D”). However, the primary point of debate
centered on whether the applicant should be required to place the parking at the rear of
the lot.
BASIS FOR APPEAL
The property owner is appealing the project denial for the following reasons (see
attachment “B” for more information):
• The proposed project is consistent with the Zoning Code and Commercial Design
Guidelines.
• The determination that parking should be at the rear of the property is unfounded
and cannot be tied to the Zoning Code or Design Guidelines.
• Parking in the back is an impractical notion that is too costly and would result in a
financially disastrous project.
EVALUATION
The staff report for the San Carlos project appeal discusses the General Plan and Zoning
Regulations that apply to both projects and should be used by the City Council in its
deliberation. Staff notes that the City Attorney was required to step down due to a
conflict of interest and did not provide staff with any legal counsel for this project.
The Mission Street project presents similar challenges with regards to placing the parking
at the rear. The Mission Street project also includes an apartment with a separate entry,
bathroom and cooking facility that qualifies the structure as a multi-family dwelling.
Design Guidelines: CMC Section 17.14.100 states that the “Basic standard of review in
the commercial district is whether the project constitutes an improvement over existing
conditions – not whether the project just meets minimum standards.” CMC 17.14.110
indicates that the Commercial Design Guidelines have been adopted to assist in the
design review process and that “Proposed projects need not strictly comply with every
Guideline to be approved but deviations should be minor and reasonably related to good
design principles and site conditions.”
Attachment “G” includes a list of some of the relevant Commercial Design Guidelines
that the Council should consider. In summary, the Guidelines encourage buildings to
provide visual interest, complement the rhythms established by other buildings in the
139
Old Mill Properties Appeal (Mission - DR 10-25)
5 April 2011
Staff Report
Page 3
immediate vicinity and encourage building materials and colors to respect the traditions
already established in the commercial district.
The proposed structure has a simple design that appears visually interesting. The
applicant is proposing stone siding, a slate roof and wood windows. The proposed
materials are natural and are consistently used throughout Carmel’s commercial and
residential districts. The applicant is proposing to apply a stone veneer to the entire
structure as opposed to being used on only the street façade. Staff concludes that the
proposed project is consistent with the Guidelines.
Safety: The Carmel Police Department reviewed the plans and conducted a site visit in
order to evaluate the safety of the proposed parking designs (see attachment “E”). The
Police Department determined that there were no undue traffic and safety problems
arising from the construction of the driveway as set forth in the plans.
Use Permit: The construction of basement floor space is permitted in the commercial
district with the approval of a use permit (CMC 17.14.015). Floor space qualifies as a
basement if the distance between the exterior grade and finished floor above is one-foot
or less. In the original proposal a portion of the lower level dedicated to storage and
mechanical equipment qualified as a basement space. The applicant has since revised the
design so that no portion of the lower level qualifies as a basement. As a result a use
permit is no longer required.
Summary: The City Council should discuss the following questions:
• Is the project consistent with the General Plan?
• Does the project comply with the Zoning Requirements for the RC District?
• Is the project consistent with the Commercial Design Guidelines?
RECOMMENDATION
Staff recommends that the Council make the following motion:
1) Grant the appeal for DR 10-25 (Mission Street) and direct staff to prepare
findings and conditions for approval.

CITY COUNCIL: Ordinance Amending Municipal Code Section 6.08 to Allow for the Keeping of Chicken Hens on Properties in R-1 District (2nd Reading)

Meeting Date: 5 April 2011
Prepared by: Sean Conroy, Plng & Bldg Services Manager

City Council
Agenda Item Summary

Name: Consideration of an Ordinance amending Municipal Code Section 6.08 to allow for the keeping of chicken hens on properties in the R-1 District in the City of Carmel-by-the-Sea. (2nd Reading)

Description: The proposed ordinance would allow the keeping of up to two chicken hens per property in the R-1 District under certain conditions.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Adopt the Ordinance (2nd Reading).

Important Considerations: The City’s Municipal Code currently does not allow for the keeping of chickens. On 5 October 2010 the City Council heard a request to allow the keeping of chickens and directed staff to prepare a draft Ordinance for review.

Decision Record: The Planning Commission recommended adoption of the attached Ordinance on 26 January 2011. The Council approved the first reading of this Ordinance on 1 March 2011.

Reviewed by:

________________________________ _____________________
Heidi Burch, Asst. City Administrator Date

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: HEIDI BURCH, ASSISTANT CITY ADMINISTRATOR
DATE: 5 APRIL 2011
SUBJECT: CONSIDERATION OF AN ORDINANCE AMENDING MUNICIPAL CODE SECTION 6.08 TO ALLOW FOR THE KEEPING OF CHICKEN HENS ON PROPERTIES IN THE R-1 DISTRICT IN THE CITY OF CARMEL-BY-THE-SEA (2ND READING).

BACKGROUND & DESCRIPTION
On 5 October 2010 the City Council heard a request from a Carmel citizen to amend the
municipal code to allow for the keeping of chickens. The Council agreed that the City
should allow the keeping of chickens under certain conditions and directed staff to
prepare a draft ordinance. The Planning Commission recommended adoption an
allowing the keeping of chicken hens on 26 January 2011.
On 1 March 2011, the City Council approved the first reading of the ordinance with
amendments. The amendments included an indication that chicken enclosures shall not
be visually prominent from the street, a prohibition on the slaughtering of birds in the
City, the indication that the keeping of chickens shall not be a public or private nuisance,
and a minor word revision from “may” to “shall.” These changes have been incorporated
into the attached ordinance.
RECOMMENDATION
Adopt the Ordinance (2nd reading).
163
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2011-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA
AMENDING MUNICIPAL CODE SECTION 6.08
TO ALLOW FOR THE KEEPING OF CHICKEN HENS ON
PROPERTIES IN THE R-1 DISTRICT IN THE
CITY OF CARMEL-BY-THE-SEA
WHEREAS, The City of Carmel-by-the-Sea is a unique community that prides
itself in its community character; and
WHEREAS, the City has adopted a General Plan and Municipal Code that strive
to protect the village character through clear policies and regulations; and
WHEREAS, the City Council has determined that the keeping of a limited
number of chicken hens on properties in the R-1 District will not be detrimental to
community character; and
WHEREAS, on 26 January 2011 the Planning Commission recommended that the
Council amend the Municipal Code to allow the keeping of chicken hens; and
WHEREAS, the City Council approved the first reading of this ordinance on 1
March 2011; and
WHEREAS, this ordinance is exempt from the California Environmental Quality
Act (CEQA) per Section 15061(b) (3) of the CEQA Guidelines.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF
THE CITY OF CARMEL-BY-THE-SEA does hereby resolve to:
Amend Municipal Code Section 6.08 to allow for the keeping of chicken hens on
properties in the Single Family Residential (R-1) District as described in Exhibit “A”.
Severability. If any part of this ordinance, even as small as a word or phrase, is found to
be unenforceable such finding shall not affect the enforceability of any other part.
Effective Date. This ordinance shall become effective 30 days after final adoption by the
City Council.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 5th day of April, 2011 by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
SIGNED,
________________________
SUE McCLOUD, MAYOR
ATTEST:
________________________________
Heidi Burch, City Clerk
165
Exhibit “A”
(Changes Shown in Strikeout and Underline)
6.08.120 Keeping of Swine and Barnyard Fowl.
It is unlawful, and is declared a nuisance, for any person or persons to keep or cause to
be kept any swine or barnyard fowl, with the exception of chicken hens, whatsoever
within the corporate limits of the City. (Ord. 201 C.S. § 1, 1969; Code 1975 § 632.3).
6.08.180 Keeping of Hens
A maximum of two (2) chicken hens may be permitted per building site in the R-1
District only. All requests to keep chicken hens shall comply with the following
requirements:
a) No roosters are permitted; and
b) All chicken hens must be kept and secured within an enclosure of metal chicken
wire, or other suitable material as to prevent the escape of any hens. The
enclosure shall be maintained in good repair and no chicken hen shall be allowed
to run at large on public or private property. Chicken hens may be permitted
outside of an enclosure on the applicant’s property only when attended; and
c) No enclosure shall exceed 20 square feet in size and five (5) feet in height above
grade; and
d) The enclosure shall comply with all applicable R-1 standards as defined in CMC
Section 17.10 and no commercial uses are permitted. Chicken enclosures shall
not be visually prominent from the street; and
e) A Track 1 Design Study application shall be submitted to the Department of
Community Planning and Building for approval of the location and design of the
enclosure prior to installation. Upon receipt of an application, the City shall cause
that a notice be provided by mail and by hand delivery to all properties within 100
feet of the site indicating that an application has been filed. A public hearing with
the Planning Commission shall be required if a concern is filed in writing within
10 business days of the date the notice is delivered; and
f) Animal excretion shall not be permitted to accumulate so as to become offensive
to any neighboring property; and
g) Slaughtering of chicken hens shall not be permitted within the City limits; and
h) The keeping of chicken hens shall not result in a public or private nuisance; and
i) Failure to comply with any of these requirements may result in the revocation of
the permit; and
j) This ordinance shall expire on 30 June 2013 unless otherwise authorized by the
City Council. No more than 15 permits shall be issued within that time.