Monday, March 02, 2015

MONTEREY COUNTY CIVIL GRAND JURY & THE CITY OF CARMEL-BY-THE-SEA

ABSTRACT:  At the City Council Town Hall Special Meeting on February 10, 2015, Councilman Ken Talmage “made a motion that Schmitz obtain an independent legal opinion, that the city not turn over personnel files, and that Freeman be authorized to seek a court order on the matter if/when the city receives a subpoena. The rest of the council agreed,” according to reporting in The Carmel Pine Cone.  And on February 10, 2015, Mary Schley, reporter, The Carmel Pine Cone, submitted a Public Records Act Request to Doug Schmitz, City Administrator requesting “all correspondence relating to the Monterey County Civil Grand Jury investigation.”  Later that day, City Administrator Doug Schmitz responded to Mary Schley stating “I've given you PRA to Lee who will log it in. I have to check with legal counsel about releasing; not that I don't want to have you get the info but: 1) the Grand Jury members have a legal obligation to confidentiality and, 2) each of us involved had to sign a document to confidentiality regarding matters of substance before the panel. The transmittals contain such matters of substance. Just want to make sure none of us, in civil or religious parlance, are ''violating our vows". Will let you know one way or the other once I get a determination. Thanks. D.” Three days later, on February 13, 2015, The Carmel Pine Cone published the news article entitled “Council will not provide personnel files to grand jury,” by Mary Schley.  Schley reported on the contents of “A Jan. 21 letter signed by Louis Panetta, chairman of the Carmel Investigative Committee and civil grand jury foreman pro tem.” Six days later, on February 19, 2015, Lee Price, MMC, Interim City Clerk, sent Mary Schley “the letter from Louis P. Panetta, Monterey County Civil Grand Jury, to City Attorney Don Freeman dated January 21, 2015” as an attachment. Furthermore, Price stated “This document is responsive to your email request dated 2/11/15 (PRA 2015-016).” “Regarding your request for copies of any other related public documents from the Civil Grand Jury to the City: Pursuant to the Penal Code, the Civil Grand Jury's work is confidential. Each person called before the Grand Jury signs a pledge to keep his / her comments and any matters raised or documents sought by the panel confidential. According to outside legal advice sought by the City in response to your request, the PRA does not override the Penal Code's confidentiality provisions. Thus, the City and its agents cannot release any materials pertaining to the Civil Grand Jury or its investigation without potentially being subject to legal action initiated by the Civil Grand Jury. However, in an attempt to respond to your request, the Mayor has asked the Civil Grand Jury for authorization to release the information which you seek.” The Public Record Act Request (PRA 2015-016) document originally from Mary Schley, reporter, The Carmel Pine Cone, to Doug Schmitz, City Administrator, minus Louis P. Panetta’s letter to Donald Freeman, City Attorney, is embedded. QUESTIONS are presented.
PRA 2015-016
From : Mary Schley [mailto:mary@carmelpinecone.com]
Sent: Tuesday, February 10, 2015 5:05 PM
To: Doug Schmitz
Subject : PRA request

QUESTIONS

1. In his response to Mary Schley’s Public Records Act request, Doug Schmitz, City Administrator, acknowledged that he had “to check with legal counsel about releasing; not that I don't want to have you get the info but: 1) the Grand Jury members have a legal obligation to confidentiality and, 2) each of us involved had to sign a document to confidentiality regarding matters of substance before the panel. The transmittals contain such matters of substance. Just want to make sure none of us, in civil or religious parlance, are ''violating our vows". Will let you know one way or the other once I get a determination.”  How then is it that Louis P. Panetta’s letter to Donald Freeman was deemed a public document subject to the California Public Records Act and released to reporter Mary Schley, The Carmel Pine Cone, while on that same day, in that same email “all other communications between officials and members of the civil grand jury investigating the town’s operations and dealings under former city administrator Jason Stilwell” were declared to be confidential, according to reporting in The Carmel Pine Cone?

2. At the City Council Town Hall Special Meeting on Tuesday, February 10, 2015, resident Carolyn Hardy stated that “I am concerned that the grand jury may have breached their confidentiality rules as to who they are investigating by identifying the seven (7) employees in written communications to all of you that have become public documents. And it is disconcerting that the county counsel’s office is facilitating what I see as a breach of the grand juries duties and responsibilities.” Given that Hardy had explicit knowledge of the contents of Panetta’s letter to Freeman and given that “Ms. Hardy did not make a specific request for Mr. Panetta’s letter nor did she submit any Public Records Act request on this matter,” according to Lee Price, MMC, Interim City Clerk, who gave a copy of Panetta’s letter or information regarding Louis P. Panetta’s letter to Carolyn Hardy prior to the February 10, 2015 Town Hall Special Meeting?

REFERENCES: 
Council will not provide personnel files to grand jury, By Mary Schley, The Carmel Pine Cone, February 13, 2015, 1A & 24A

Grand jury communications to remain secret, By Mary Schley, The Carmel Pine Cone, February 27, 2015, 1A & 23A

Saturday, February 28, 2015

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES March 2, 2015

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
March 2, 2015

CITY COUNCIL CLOSED SESSION AND WORK STUDY SESSION, March 2, 2015

CITY OF CARMEL-BY-THE-SEA

CLOSED SESSION AND WORK STUDY SESSION
Monday, March 2, 2015 – 4:00 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues
Carmel-by-the-Sea, California


2. ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

 4. 4:00 P.M. CLOSED SESSION

 Item 1: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Steven McInchak, Plaintiff v. City of Carmel-by-the-Sea, and does 1 through 50, inclusive, respondents Monterey County Superior Court Case No. M128062

Item 2: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(b)
Significant exposure to litigation: 3 cases

Item 3: LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

WORK STUDY SESSION
1. State of the Forest Presentation
Recommendation: Receive the Presentation.

State of the Forest 03-02-15
CARMEL-BY-THE-SEA
STATE OF THE FOREST
Mike Branson
City Forester
March 2, 2015

Eleven Noteworthy 3 March 2015 City Council Regular Meeting Agenda Items

ABSTRACT:  Eleven Noteworthy 3 March 2015 City Council Regular Meeting Agenda Items are presented, namely ANNOUNCEMENTS FROM CLOSED SESSION CITY COUNCIL MEMBERS, CITY ADMINISTRATOR AND CITY ATTORNEY;  PUBLIC APPEARANCES, Monthly Reports for January 2015, including Police, Fire and Ambulance Reports, Code Compliance Reports, Public Records Act Requests (City Clerk & Police) and Forester Report; Leslie Ann Schratz v. Classic Art Gallery, et al. (Monterey Superior Court, Case No. M127145); Update on the work of the Monterey Peninsula Regional Water Authority, including efforts to request a modification to the state-imposed Cease and Desist Order (CDO); Resolutions approving Professional Services Agreement amendments with Boots Road Group, LLC and Pacific Municipal Consultants; Status Report: The Municipal Organization---Past, Present and Future; Resolution authorizing the City Administrator to Execute Agreements with Paychex Flex Payroll Plan, Taxpay Service, Reporting and Human Resources Online Services; Treasurer’s Report by City Treasurer David Sandys; Consideration of requests to: 1) Reject the bids submitted in response to the Artisan Food Experience Farmers’ Market RFP and 2) Authorize the Farmers’ Market Ad Hoc Committee to revise the guidelines for the operation of the market; and Forest Theater: 1) Consideration of Receipt of a Donation in the amount of $10,000 to add an alternative to the bid package regarding “terracing”; 2) If donation is accepted, authorize amendment to the CAW contract for extra work related to the “terracing” alternative. Supporting materials, including Council Reports, are embedded.

CITY OF CARMEL-BY-THE-SEA

REGULAR CITY COUNCIL MEETING
Tuesday, March 3, 2015 – 4:30 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues



2. ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

5. ANNOUNCEMENTS FROM CLOSED SESSION, CITY COUNCIL MEMBERS, CITY ADMINISTRATOR AND CITY ATTORNEY

Item 5.A: Announcements from Closed Session
Item 1: CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Steven McInchak, Plaintiff v. City of Carmel-by-the-Sea, and does 1 through 50, inclusive, respondents Monterey County Superior Court Case No. M128062

Item 2: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(b)
Significant exposure to litigation: 3 cases

Item 3: LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

Item 5.B: Announcements from City Council Members (Council Members may ask a question for clarification, make an announcement or report on his or her activities)

Item 5.C: Announcements from City Administrator

Item 5.D: Announcements from City Attorney

6. 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.

7. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

Item 7.C: Monthly Reports for January 2015:
a. Police, Fire and Ambulance Reports
b. Code Compliance Reports
c. Public Records Act Requests (City Clerk & Police)
d. Forester Report
Recommendation: Accept the reports.


Item 7.D: Leslie Ann Schratz v. Classic Art Gallery, et al. (Monterey Superior Court, Case No. M127145)
Recommendation: Deny Classic Art Gallery’s Application for Late-Claim Relief to File a Claim against the City


Item 7.E: Update on the work of the Monterey Peninsula Regional Water Authority, including efforts to request a modification to the state-imposed Cease and Desist Order (CDO)
Recommendation: Receive the update.


Item 7.F Resolutions approving Professional Services Agreement amendments with Boots Road Group, LLC and Pacific Municipal Consultants
Recommendations: a) Adopt the Resolution authorizing the City Administrator to execute Amendment No. 1 to the Professional Services Agreement (ASD-PCS-BRweb-06-13-14) with Boots Road Group, LLC for website support service for a not to exceed amount of $34,000;
b) Adopt the Resolution authorizing the City Administrator to Execute Amendment No. 1 to the Professional Services Agreement (PBD-PSA-PMC-005-14/15) with Pacific Municipal Consultants for contract planning services for a not to exceed amount of $50,000.


Item 7.G: Status Report: The Municipal Organization---Past, Present and Future
Recommendation: Receive the report.


Item 7.J Resolution authorizing the City Administrator to Execute Agreements with Paychex Flex Payroll Plan, Taxpay Service, Reporting and Human Resources Online Services
Recommendation: Adopt the Resolution selecting Paychex Flex Payroll Plan, Taxpay Service, Reporting and Human Resources Online Services and authorize the City Administrator to execute a two year agreement with Paychex, and an additional two year extension for a not to exceed annual amount of $31,000 for Human Resources and Payroll System Services.


8. ORDERS OF COUNCIL
Item 8.B: Treasurer’s Report by City Treasurer David Sandys
Recommendation: Receive the Report.


Item 8.D: Consideration of requests to: 1) Reject the bids submitted in response to the Artisan Food Experience Farmers’ Market RFP and 2) Authorize the Farmers’ Market Ad Hoc Committee to revise the guidelines for the operation of the market
Recommendation: Reject the bids submitted in response to the Artisan Food Experience Farmers’ Market RFP, and authorize the Farmer’ Market Ad Hoc Committee to revise the guidelines for the operation of the market


Item 8.F Forest Theater: 1) Consideration of Receipt of a Donation in the amount of $10,000 to add an alternative to the bid package regarding “terracing”; 2) If donation is accepted, authorize amendment to the CAW contract for extra work related to the “terracing” alternative.
Recommendation: If donation is accepted, authorize the City Administrator to sign an amendment to the Cody Anderson Wasney Contract to add an alternate for “terracing” at Forest Theater.

CITY COUNCIL: Minutes of the Special City Council Meeting on January 15, 2015 & Minutes of the Regular City Council Meeting on February 3, 2015

Minutes of the Special City Council Meeting on January 15, 2015 & Minutes of the Regular City Council Meeting on February 3, 2015

Thursday, February 26, 2015

Public Utilities Commission of the State of California, Public Agenda 3352, Consent Agenda Item 3, PROPOSED DECISION OF ALJ WILSON, DECISION ADOPTING, IN PART CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR ADOPTION OF THE SETTLEMENT AGREEMENT BETWEEN CALIFORNIA-AMERICAN WATER COMPANY, THE COUNTY OF MONTEREY, AND THE MONTEREY COUNTY WATER RESOURCES AGENCY, HELD TO 3/12/15, REASON Further Review

UPDATE:  Ron Weitzman: Expenditure secrecy fuels water deal heat 
By Ron Weitzman, Guest commentary The Monterey County Herald
Ron Weitzman is president of Water Ratepayers Association of the Monterey Peninsula, formerly WaterPlus.

ABSTRACT: The Public Utilities Commission of the State of California, according to Public Agenda 3352, was scheduled to consider Consent Agenda Item 3 (page 5), Thursday, February 26, 2015, namely Settlement Agreement between California-American Water Company, the County of Monterey, and the Monterey County Water Resources Agency. Agenda Changes include Item 3, HELD TO 3/12/15, HELD BY Sandoval, REASON Further Review. The Public Utilities Commission of the State of California Public Agenda 3352 document, PROPOSED DECISION OF ALJ WILSON and AGENDA CHANGES document are embedded. The proposed settlement “calls for Cal Am to recoup $1.9 million from customers to cover costs it advanced to the county, with the county agreeing to waive a local ordinance and allow Cal Am to build its own plant without partnering with a public agency.” Importantly, PUC’s Office of Ratepayer Advocates “argued ratepayers shouldn’t be on the hook when the Peninsula’s biggest water provider has already spent $30 million of customer money on desal proposals that never panned out,” according to reporting in The Monterey County Herald.

RELATED NEWS ARTICLE:
Grievances with Cal Am, county deal over failed desal plant are aired
By Jason Hoppin, Monterey County Herald
Posted: 02/25/15

Public Utilities Commission of the State of California
Thursday, February 26, 2015 9:30 a.m.
San Francisco, California
(Consent Agenda Item 3, page 5)

PROPOSED DECISION OF ALJ WILSON
DECISION ADOPTING, IN PART CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR ADOPTION OF THE SETTLEMENT AGREEMENT BETWEEN CALIFORNIA-AMERICAN WATER COMPANY, THE COUNTY OF MONTEREY, AND THE MONTEREY COUNTY WATER RESOURCES AGENCY
Settlement Agreement between California-American Water Company, the County of Monterey, and the Monterey County Water Resources Agency
A13-05-017
In the Matter of the Application of California- American Water Company for an Order (1) Approving a Settlement Agreement with the County of Monterey and the Monterey County Water Resources Agency to Settle and Resolve Claims and Issues Between the Parties and to Promote the Development, Construction and Operation of a Water Supply Project for Monterey County on an Expedited Basis, and (2) Authorizing the Transfer of Authorized Costs Related to the Settlement Agreement to Its Special Request 1 Surcharge Balancing Account

AGENDA CHANGES
February 26, 2015
Agenda No. 3352

Saturday, February 21, 2015

Proceeding Number A.13-05-017 E-MAIL RULING SETTING ORAL ARGUMENT FOR FEBRUARY 25, 2015 AT 10:00 AM

ABSTRACT:  Re: In the Matter of the Application of California- American Water Company (U210W) for an Order (1) Approving a Settlement Agreement with the County of Monterey and the Monterey County Water Resources Agency to Settle and Resolve Claims and Issues Between the Parties and to Promote the Development, Construction and Operation of a Water Supply Project for Monterey County on an Expedited Basis, and (2) Authorizing the Transfer of Authorized Costs Related to the Settlement Agreement to Its Special Request 1 Surcharge Balancing Account, E-MAIL RULING SETTING ORAL ARGUMENT FOR FEBRUARY 25, 2015 AT 10:00 AM document is embedded. The schedule is as follows:
Introduction by Judge Wilson 5 minutes
Opening Statements
Marina Coast Water District 10 minutes
Office of Ratepayer Advocates 5 minutes
Water Plus 5 minutes
Citizens for Public Water 5 minutes
Public Trust Alliance 5 minutes
County of Monterey/Monterey County Water Resources Agency 5 minutes
California-American Water 10 minutes
Replies
Marina Coast Water District 3 minutes
Office of Ratepayer Advocates 3 minutes
Water Plus 3 minutes
Citizens for Public Water 3 minutes
Public Trust Alliance 3 minutes
County of Monterey/Monterey County Water Resources Agency 3 minutes
California-American Water 3 minutes

Filing Date 2-10-15
E-MAIL RULING SETTING ORAL ARGUMENT FOR FEBRUARY 25, 2015 AT 10:00 AM

REFERENCES:
Debate over regional desal project pact set for next week
By Jim Johnson, Monterey Herald
Posted: 02/20/15

CPUC judge sets public debate on regional project deal
By Jim Johnson, Monterey Herald
Posted: 02/10/15