Thursday, May 28, 2020

CITY COUNCIL SPECIAL MEETING, May 29, 2020


CITY COUNCIL SPECIAL MEETING
Friday, May 29, 2020
10:30 AM

CITY COUNCIL AGENDA SPECIAL MEETING, June 1, 2020


CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
CITY COUNCIL SPECIAL MEETING
Monday, June 1, 2020

FIFTEEN NOTEWORTHY CITY COUNCIL REGULAR MEETING AGENDA ITEMS, June 2, 2020

ABSTRACT:  Fifteen Noteworthy City Council Regular Meeting Agenda Items, June 2, 2020,  including PUBLIC APPEARANCES, ANNOUNCEMENTS, CONSENT AGENDA including Approve May 4, 2020 Special Meeting Minutes, May 5, 2020 Meeting Minutes and May 12, 2020 Special Meeting Minutes as presented, Review monthly reports for April: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Public Works Department Report, April 2020 Check Register Summary, Ordinance 2020-002 temporarily prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the Coronavirus pandemic, Resolution 2020-032, rejecting all bids received for the Police Building Renovation Project and directing staff to defer the project into the 5-Year Capital Improvement Plan and Resolution 2020-033, calling for the holding of a Municipal Election to be held on Tuesday, November 3, 2020, requesting the County Elections Department to conduct the Election, requesting consolidation of the Election, and providing for a procedure for determining a tie vote for the November 3, 2020 City of Carmel-by-the-Sea Municipal Election; ORDERS OF BUSINESS including Resolution 2020-034 authorizing the Mayor to execute a third amendment to the City Administrator At-Will Employment Agreement effective June 1, 2020, Resolution 2020-035 approving the rates charged by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, including special services, effective July 1, 2020, Resolution 2020-036, authorizing the City Administrator to give notice of termination of the existing Agreement for fire services with the City of Monterey and pursue a new agreement for fire services through a competitive bidding process, Consideration of an Urgency Ordinance waiving the provision of Section 1318 of Ordinance No. 122 C.S. to adopt an annual resolution setting the value of improved off-street parking facilities and Verbal report on Coronavirus (“COVID-19”) issues; PUBLIC HEARINGS including Resolution 2020-037 adopting the Fiscal Year 2020-2021 Appropriations Limit and Receive a presentation on the Fiscal Year 2020-2021 Recommended Budget and provide direction to staff. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, June 2, 2020 and Staff Report document copies are embedded. 

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, June 2, 2020
OPEN SESSION 4:30 PM

Governor Newsom’s Executive Order N-29-20 has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Also, see the Order by the Monterey County Public Health Officer issued March 17, 2020. The health and well-being of our residents is the top priority for the City of Carmel-by-the-Sea. To that end, this meeting will be held via teleconference and web-streamed on the City’s website ONLY.
To attend via Teleconference; Dial in number 1-218-288-2816 PIN: 243 883 074#
The public can also email comments to cityclerk@ci.carmel.ca.us. Comments must be received 2 hours before the meeting in order to be provided to the legislative body.
Comments received after that time and up to the beginning of the meeting will be added to the agenda and made part of the record.

OPEN SESSION
4:30 PM

CALL TO ORDER AND ROLL CALL
Mayor Dave Potter, Council Members Jeff Baron, Jan Reimers, Bobby Richards, and Carrie Theis

PUBLIC APPEARANCES
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting.

ANNOUNCEMENTS
A. City Administrator Announcements
B. City Attorney Announcements
C. Councilmember Announcements

CONSENT AGENDA
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

 1.Approve May 4, 2020 Special Meeting Minutes, May 5, 2020 Meeting Minutes and May 12, 2020 Special Meeting Minutes as presented. 
Approve May 4, 2020 Special Meeting Minutes, May 5, 2020 Meeting Minutes and May 12, 2020 Special Meeting Minutes as presented.

2. Review monthly reports for April: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Public Works Department Report
Review monthly reports for April: 1). City Administrator Contract Log; 2.) Community Planning and Building Department Reports; 3.) Police, Fire, and Ambulance Reports; 4.) Public Records Act Requests, and 5.) Public Works Department Report

3. April 2020 Check Register Summary
April 2020 Check Register Summary

4. Ordinance 2020-002 temporarily prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the Coronavirus pandemic.
Ordinance 2020-002 temporarily prohibiting evictions of tenants arising from income loss or substantial medical expenses related to the Coronavirus pandemic.

6. Resolution 2020-032, rejecting all bids received for the Police Building Renovation Project and directing staff to defer the project into the 5-Year Capital Improvement Plan
Resolution 2020-032, rejecting all bids received for the Police Building Renovation Project and directing staff to defer the project into the 5-Year Capital Improvement Plan

7. Resolution 2020-033, calling for the holding of a Municipal Election to be held on Tuesday, November 3, 2020, requesting the County Elections Department to conduct the Election, requesting consolidation of the Election, and providing for a procedure for determining a tie vote for the November 3, 2020 City of Carmel-by-the-Sea Municipal Election.
Resolution 2020-033, calling for the holding of a Municipal Election to be held on Tuesday, November 3, 2020, requesting the County Elections Department to conduct the Election, requesting consolidation of the Election, and providing for a procedure for determining a tie vote for the November 3, 2020 City of Carmel-by-the-Sea Municipal Election.

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

8. Resolution 2020-034 authorizing the Mayor to execute a third amendment to the City Administrator At-Will Employment Agreement effective June 1, 2020
Resolution 2020-034 authorizing the Mayor to execute a third amendment to the City Administrator At-Will Employment Agreement effective June 1, 2020

9. Resolution 2020-035 approving the rates charged by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, including special services, effective July 1, 2020
Resolution 2020-035 approving the rates charged by the City’s franchised hauler, GreenWaste Recovery, for the collection of solid waste, recycling and organics, including special services, effective July 1, 2020

10. Resolution 2020-036, authorizing the City Administrator to give notice of termination of the existing Agreement for fire services with the City of Monterey and pursue a new agreement for fire services through a competitive bidding process
Resolution 2020-036, authorizing the City Administrator to give notice of termination of the existing Agreement for fire services with the City of Monterey and pursue a new agreement for fire services through a competitive bidding process

11. Consideration of an Urgency Ordinance waiving the provision of Section 1318 of Ordinance No. 122 C.S. to adopt an annual resolution setting the value of improved off-street parking facilities.
Consideration of an Urgency Ordinance waiving the provision of Section 1318 of Ordinance No. 122 C.S. to adopt an annual resolution setting the value of improved off-street parking facilities.

12. Verbal report on Coronavirus (“COVID-19”) issues
Verbal report on Coronavirus (“COVID-19”) issues

PUBLIC HEARINGS
13. Resolution 2020-037 adopting the Fiscal Year 2020-2021 Appropriations Limit
Resolution 2020-037 adopting the Fiscal Year 2020-2021 Appropriations Limit

14. Receive a presentation on the Fiscal Year 2020-2021 Recommended Budget and provide direction to staff
Receive a presentation on the Fiscal Year 2020-2021 Recommended Budget and provide direction to staff

ADJOURNMENT

Sunday, May 24, 2020

City Administrator Chip Rerig: FRIDAY LETTER, May 22, 2020

FRIDAY LETTER, May 22, 2020
Video update from the City Administrator, Chief Tomasi and Councilmember Richards.
Video Highlights
Shelter in Place Reminder
Outdoor Seating in the Public Way
Business License Applications
Restoring the Sand Again
Waste Collection Rates at June 1 and June 2 Council Meetings
Weeding North Dunes
PG&E Tree Pruning
Scout House Roof Replacement Project
Scenic Pathway Bench
Bonus Library Resources
PressReader
Close of Week 10

Thursday, May 21, 2020

Dr. Jay Bhattacharya: His new MLB COVID-19 Study and the Dilemma of the Lockdown


Dr. Jay Bhattacharya: His new MLB COVID-19 Study and the Dilemma of the Lockdown
May 11, 2020

Scott Atlas And John Taylor: COVID-19 And Reopening The Economy | Hoover Virtual Policy Briefing


Scott Atlas And John Taylor: COVID-19 And Reopening The Economy | Hoover Virtual Policy
Briefing

Scott W. Atlas
David and Joan Traitel Senior Fellow

The data is in — stop the panic and endthe total isolation
BY DR. SCOTT W. ATLAS, OPINION CONTRIBUTOR — 04/22/20 12:30 PM EDT
THE HILL
Scott W. Atlas, MD, is the David and Joan Traitel Senior Fellow at Stanford University’s Hoover Institution and the former chief of neuroradiology at Stanford University Medical Center

Tuesday, May 19, 2020

PUBLIC RECORDS ACT (PRA) LOG MARCH 2020: PRA 2020-021 through PRA 2020-032

ABSTRACT:  For the month of March 2020, the City Clerk’s Office received twelve (12) California Public Records Act requests, specifically, PRA 2020-021 through PRA 2020-032. Information for each PRA request, including REQUEST NUMBER, REQUEST DATE, STATUS, COMPLETED DATE, REQUESTOR, INFORMATION REQUESTED, NOTES and City Response document copies are embedded.

PRA LOG
MARCH 2020
PRA 2020-021 through PRA 2020-032

REQUEST NUMBER 2020-021
REQUEST DATE 3/2/2020
STATUS
COMPLETED DATE 3/13/2020
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of documentation demonstrating the City became aware of the "serious injury," Cai/OSHA Citation and Notification of Penalty and Settlement Order.

Hello,

This email is in response to your request for public records received March 2, 2020, for:

Electronic copies of documentation demonstrating the City became aware of the “serious injury,” Cal/OSHA Citation and Notification of Penalty and Settlement Order.  

It has been determined there are no records to provide.

Thank you, 

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.
PRA 2020-021 City Response

REQUEST NUMBER 2020-022
REQUEST DATE 3/3/2020
STATUS
COMPLETED DATE 3/6/2020
REQUESTOR Bev Sanders
INFORMATION REQUESTED current list of STR's in the downtown area
PRA 2020-022 City Response

REQUEST NUMBER 2020-023
REQUEST DATE 3/3/2020
STATUS
COMPLETED DATE 3/16/2020
REQUESTOR Greg D'Ambrosio
INFORMATION REQUESTED Copy of Deposit Accts as of 3/3/2020; Copy of reserve Funds 2020 as of 3/3/2020; I would like a list of city deposit accounts held on behalf of others, the names of the accounts, the balance in each account and for what purpose the money is held; I would like a list of both city restricted and unrestricted reserve funds and how much is held in each fund
PRA 2020-023 City Response

REQUEST NUMBER 2020-024
REQUEST DATE 3/4/2020
STATUS
COMPLETED DATE 3/16/2020
REQUESTOR Alejandra Del Valle/Tanko
INFORMATION REQUESTED City of Carmel-by-the-Sea, Ca PG&E street lighting bill for the month of January 2020
PRA 2020-024 City Response

REQUEST NUMBER 2020-025
REQUEST DATE 3/4/2020
STATUS
COMPLETED DATE 3/9/2020
REQUESTOR Tricia Jakic/Monterey Peninsula Water Mgmt District
INFORMATION REQUESTED I would like to request business license information for businesses located in the jurisdiction for Carmel-by-the-sea. I would like this information in an excel spreadsheet format. The spreadsheet should include:
Business Name
Business location (Street Address, City)
Business Phone
Business Mailing Address
Applicant Name
Applicant Mailing Address
Applicant phone
Email Address
Type of Business
Description of Business (if applicable)

PRA 2020-025 City Response

REQUEST NUMBER 2020-026
REQUEST DATE 3/12/2020
STATUS
COMPLETED DATE 3/16/2020
REQUESTOR Madison Crema
INFORMATION REQUESTED electronic copies of all of Carmel's agreements with Host Compliance
PRA 2020-026 City Response

REQUEST NUMBER 2020-027
REQUEST DATE 3/16/2020
STATUS
COMPLETED DATE
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of correspondence between the City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. between February 20, 2019 and the present on any and all topics.
PENDING
PRA 2020-027 City Response

REQUEST NUMBER 2020-028
REQUEST DATE 3/16/2020
STATUS
COMPLETED DATE 4/3/2020
INFORMATION REQUESTED I am seeking all public records regarding any and all planning, construction and development of a specific real property parcel in Carmel. APN: 010-038-002 block: 61 lot 5 Location: Santa Rita 2 SW of 5th The time frame of this request is January 1, 2018 to present. While I seek all records, I am particularly interested in records regarding applications for building permits, copies of permits, any permit wa1vers or variances granted, building inspection schedules, certificates of insurance and all reports includ1ng expert reports of any kind as required by the California Building Code and or the City of Carmel.
PRA 2020-028 City Response

REQUEST NUMBER 2020-029
REQUEST DATE 3/23/2020
STATUS
COMPLETED DATE
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of items related to RESOLUTION NO. 2003-91 including, as follows:1. CITY COUNCIL AGENDA CHECK LIST for MEETING DATE 1 JULY 2003 including ATIACHMENTS 1. Guillen staff report dated 6/24/03 and 2. Resolution No. 2003-91 2. MINUTES of CITY COUNCIL MEETING 1 JULY 2003 MINUTES of CITY COUNCIL MEETINGS 5 JUNE 2003 and 19 JUNE 2003
NOTES provided records for 2 and 3; will request box from IM when SIP is lifted

In response to your request for records dated March 22, 2019 and received March 23, 2019 for the following:
Electronic copies of items related to RESOLUTION NO. 2003-91 including, as follows:
1.      CITY COUNCIL AGENDA CHECK LIST for MEETING DATE 1 JULY 2003 including ATTACHMENTS 1. Guillen staff report dated 6/24/03 and 2. Resolution No. 2003-91.
2.      MINUTES of CITY COUNCIL MEETING 1 JULY 2003
3.      MINUTES of CITY COUNCIL MEETINGS 5 JUNE 2003 and 19 JUNE 2003

Records related to requests #2 and #3 are attached.
With regard to request #1, the City is required to determine whether the request, in whole or in part, seeks copies of disclosable public records.  Ordinarily, this determination must take place within ten (10) days of the City’s receipt of the request. A fourteen day (14) extension is available in unusual circumstances per Government Code 6253(c).  In response to your request for records dated March 22, 2020, and received March 23, 2020, specifically request #1, a determination, if there are records responsive, cannot be made at this time because, if there are records to be provided, they would be stored in an off-site storage area managed by an outside firm.   
On March 4, 2020, Governor Newsom issued a Proclamation of a State of Emergency due to COVID 19.  On March 6, 2020, the Monterey County Administrative Officer issued a Proclamation declaring the existence of a local emergency in Monterey County.  On March 12, 2020, the City Administrator, in his capacity as the Director of Emergency Services, issued a proclamation declaring a Local Emergency due to COVID-19 which was ratified by the City Council on March 13, 2020.  On March 17, 2020, the Health Officer of the County of Monterey issued an order requiring all individuals in the County to shelter in place until April 7, 2020, unless extended further due (“County Order”).   A copy of the County Order is posted on the County Health Department website (www.co.monterey.ca.us/government/departments-a-h/health)    On March 19, 2020, Governor Newson issued Executive Order N-33-20 requiring individuals to shelter in place except as needed to maintain critical infrastructure sectors.  . 
The County Order directs that all businesses with a facility in the County, except Essential Businesses as defined in Section 10, are required to cease all activities except Minimum Basic Operations.   Essential Governmental Functions or Services are those determined by the governmental entity performing those functions or providing such services.    Minimum Basic Operations does not cover responding to Public Records Act requests.  The City is unable to process your request under the current conditions and requires an extension on the time to reply.  The City is following the Governor's shelter in place directive and is not encouraging contact at City facilities. Therefore, when the shelter in place directive has been lifted, the boxes will be requested and staff will search the records to determine if there are records to provide. 


Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.

The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea.  Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email.  However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.
PRA 2020-029 City Response

REQUEST NUMBER 2020-030
REQUEST DATE 3/31/20
STATUS
COMPLETED DATE 4/9/20
REQUESTOR Estefania Reyes, Center for Contract Compliance
INFORMATION REQUESTED Harrison Memorial Library Meeting Room Remodel Contract II: 1920006 Name and license number of the awarded general/multi-prime contractor. Copy of the subcontractors list with license numbers of the awarded general/multi-prime contractor submitted at time of bid, even if left blank by the contractor.  Copy of the original bid advertisement with proof of publication.
PRA 2020-030 City Response

REQUEST NUMBER 2020-031
REQUEST DATE 3/31/20
STATUS
COMPLETED DATE 4/10/20
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copy of the legal justification for the City's suspending compliance with the Callfornia Public Records Act in response to the coronavirus disease (COVlD- 19) beginmng with PRA requests sent March 16, 2020.

Hello,

Attached please find the records on file in response to your request dated March 31, 2020, for the following:

Electronic copy of the legal justification for the City’s suspending compliance with the California Public Records Act in response to the coronavirus disease (COVID-19) beginning with PRA requests sent March 16, 2020.  

Thank you, 


Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.
The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea.  Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020 The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email.  However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.

PRA 2020-031 City Response

REQUEST NUMBER 2020-032
REQUEST DATE 3/31/20
STATUS
COMPLETED DATE 4/10/20
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of all City correspondence to Public Records Act requesters stating, as follows: Due to the Shelter in Place order, City offices are closed. Services not considered essential for the protection of public health and safety, such as responding to public records requests within the statutory time frames, arc impacted. /\ response to your public records request will be provided as soon as possible upon the City's return to providing nonessential services.The City has declared an emergency in response to the COVID- 19 crisis. In addition, the County of Monterey has issued a shelter in place order which is applicable to the City of Carmel-by-the-Sea. Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. rhe closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.
This emergency impacts the City's ability to provide services that are not immediately essential for the protection of

Hello,

Attached please find the records on file in response to your request dated March 31, 2020, for the following:

Electronic copies of all City correspondence to Public Records Act requesters stating, as follows:

Due to the Shelter in Place order, City offices are closed. Services not considered essential for the protection of public health and safety, such as responding to public records requests within the statutory time frames, are impacted. A response to your public records request will be provided as soon as possible upon the City's return to providing nonessential services.
The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea.  Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.
This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email.  However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency. 

Thank you, 

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.
The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea.  Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email.  However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.

PRA 2020-032 City Response