Monday, March 27, 2017

California Supreme Court Opinion, Supreme Court Case S218066, Conclusion: ‘Consistent with the Legislature‟s purpose in enacting CPRA, and our constitutional mandate to interpret the Act broadly in favor of public access (Cal. Const., art. I, § 3, subd. (b)(2)), we hold that a city employee's writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account.’

ABSTRACT: IN THE SUPREME COURT OF CALIFORNIA, CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent (S218066), an unanimous seven-member court, including Associate Justice Carol A. Corrigan, who wrote the opinion, Chief Justice Tani Gorre Cantil-SakauyeAssociate Justice Kathryn M. WerdegarAssociate Justice Ming W. ChinAssociate Justice Goodwin H. LiuAssociate Justice Mariano-Florentino Cuéllar and Associate Justice Leondra R. Kruger reversed the judgment, and “the case is remanded for further proceedings consistent with this opinion.” The Issues: Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case presents the following issue: Are written communications pertaining to city business, including email and text messages, which (a) are sent or received by public officials and employees on their private electronic devices using their private accounts, (b) are not stored on city servers, and (c) are not directly accessible by the city, "public records" within the meaning of the California Public Records Act? In writing the opinion, Associate Justice Carol A. Corrigan wrote “Conclusion Consistent with the Legislature‟s purpose in enacting CPRA, and our constitutional mandate to interpret the Act broadly in favor of public access (Cal. Const., art. I, § 3, subd. (b)(2)), we hold that a city employee‟s writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account.” (March 2, 2017) The Supreme Court Opinion for Supreme Court Case S218066 document copy is embedded. Importantly, “The City’s interpretation would allow evasion of CPRA simply by the use of a personal account. We are aware of no California law requiring that public officials or employees use only government accounts to conduct public business. If communications sent through personal accounts were categorically excluded from CPRA, government officials could hide their most sensitive, and potentially damning, discussions in such accounts. The City’s interpretation “would not only put an increasing amount of information beyond the public’s grasp but also encourage government officials to conduct the public’s business in private.””

s 218066 by L. A. Paterson on Scribd
IN THE SUPREME COURT OF CALIFORNIA
CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent
S218066
Ct.App. 6 H039498
Santa Clara County
Super. Ct. No. 109CV15042
CORRIGAN, J.
WE CONCUR:
CANTIL-SAKAUYE, C. J.
WERDEGAR, J.
CHIN, J.
LIU, J.
CUÉLLAR, J.
KRUGER, J.

REFERENCES:
Calif. High Court Extends Public Records Law to Personal Devices
MARIA DINZEO March 2, 2017 Courthouse News Service

Sunday, March 19, 2017

Seven Noteworthy 21 March 2017 City Council Special Meeting Agenda Items

ABSTRACT: Seven Noteworthy 21 March 2017 City Council Special Meeting Agenda Items, including CLOSED SESSION, PUBLIC APPEARANCES, Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project, Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000, Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests, Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan and Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program. The CITY COUNCIL AGENDA SPECIAL MEETING, Staff Reports and DRAFT FY 2017-2018 Capital Improvement Plan document copies are embedded.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Tuesday, March 21, 2017
CLOSED SESSION 3:00 p.m.
OPEN SESSION 4:30 p.m.


CALL TO ORDER AND ROLL CALL

CLOSED SESSION


1. PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator

2. REAL PROPERTY NEGOTIATIONS – LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc

3. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
54956.9(c)
Order Instituting Investigation and Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with respect to Facilities Records for its Natural Gas Distribution System Pipelines. Investigation 14-11-008 (Filed November 20, 2014)

PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person’s comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or Commission. Matters not appearing on the City Council, Board or Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

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. SR 2017-029 Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project.
Resolutions on Agreements 03-21-17 by L. A. Paterson on Scribd
Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project.

2. SR 2017-030 Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000.
Amendment to Professional Services Agreements 03-21-17 by L. A. Paterson on Scribd
Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000.

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

3. SR 2017-031 Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests.
Status FY 2016-2017 Adopted Budget 03-21-17 by L. A. Paterson on Scribd
Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests.

4. SR 2017-032 Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan.
Draft FY 2017-2018 Capital Improvement Plan 03-21-17 by L. A. Paterson on Scribd
Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan.

PUBLIC HEARINGS

5. SR 2017-033 Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program.
Monterey Bay Community Power Joint Powers Authority 03-21-17 by L. A. Paterson on Scribd
Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program.

City Administrator Chip Rerig: FRIDAY LETTER, March 17, 2017

FRIDAY LETTER March 17, 2017
Police Officer Trainee
Special City Council Meeting
Fun-raiser for Big Sur residents After the Storm
Waste Management District - Celebrating 65 Years
Carmel Plaza Remodel

Saturday, March 11, 2017

CalPERS Board of Administration Agenda Item 8c April 20, 2016: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent

ABSTRACT: Administrative Law Judge Jill Schlichtmann, State of California, Office of Adtninistrative Hearings, heard this matter on February 2, 2016, in Salinas, California, and issued PROPOSED DECISION February 16, 2016. ORDER The appeals of Andrew Miller and the City of Monterey are denied.
Item Name: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.
Attachments
Attachment A: Proposed Decision
Attachment B: Staff’s Argument
Attachment C: Respondent(s) Argument(s)
Procedural Summary
Respondent Miller submitted an application for service retirement and has been receiving a retirement allowance since July 9, 2013. CalPERS informed Respondents that $427.71 paid semi-monthly to Respondent Miller for additional duties during his last 13 months of employment, and reported as special compensation, would not be included in the final compensation. Respondent Miller and Respondent City appealed this determination and the matter was heard by the Office of Administrative Hearings on February 2, 2016. A Proposed Decision was issued on February 16, 2016, denying the appeals.
CalPERS Board of Administration Agenda Item 8c April 20, 2016, ATTACHMENT A THE PROPOSED DECISION, ATTACHMENT B STAFF'S ARGUMENT and  ATTACHMENT C
RESPONDENTS ARGUMENTS document copies are embedded. 
AGENDA ITEM 8 – PROPOSED DECISIONS OF ADMINISTRATIVE LAW JUDGES
On MOTION by Henry Jones, SECONDED by Ron Lind and CARRIED, the Board adopted the proposed decisions of Administrative Law Judges (ALJ) for Agenda Items 8a through 8n, minus 8e, 8i, and 8m, as the Board’s own decisions with the minor modifications to Agenda Item 8k, as argued by staff.
SOURCE: CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BOARD OF ADMINISTRATION
MINUTES OF MEETING
Wednesday, April 20, 2016
CalPERS Board of Administration Agenda Item 8c April 20, 2016
ATTACHMENT A
THE PROPOSED DECISION

BEFORE THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
In the Matter of the Appeal of Final Compensation of: ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.
ATTACHMENT B
STAFF'S ARGUMENT
STAFF'S ARGUMENT TO ADOPT THE PROPOSED DECISION

ATTACHMENT C
RESPONDENTS ARGUMENTS
(None Submitted)

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ralph Andersen & Associates Assistant City Administrator Recruitment, 31 December 2016

ABSTRACT: The AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ralph Andersen & Associates Assistant City Administrator Recruitment, executed 31 December 2016 by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation and Ralph Andersen & Associates, document copy is embedded. Scope. CONSULTANT hereby agrees to provide to CITY professional services to provide executive search services for the position of Assistant City Administrator as the scope of services under this Agreement the services set forth in the proposal for services dated October 31, 2016 (Exhibit "A"), attached hereto and incorporated herein by this reference.Term. The work under this Agreement shall commence on January 2, 2017 and terminate on June 30, 2017. Compensation. CITY shall pay CONSULTANT in an amount not to exceed $23,500.00 which said sum shall include all costs for a national search and will be a fixed fee, as presented in the proposal dated October 31, 2016 (Exhibit "A"). Authority of the City Administrator. CONSULTANT shall perform all necessary services provided under this Agreement and outlined in the proposal and shall do, perform, and carry out said work in accordance with this Agreement as determined by and to the reasonable satisfaction of the City Administrator. The City Administrator reserves the right to make changes, additions or deletions, to the scope of work as deemed necessary or advisable to implement and carry out the purposes of this Agreement. The City Administrator is authorized to execute change orders.
Signed, RALPH ANDERSEN & ASSOCIATES December 23, 2016
Chip Rerig, CITY Administrator February 1, 2017
AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Ralph Andersen & Associates
Assistant City Administrator Recruitment
31 December 2016

Exhibit “A”
Ralph Andersen & Associates Proposal to provide executive search services to the City of Carmel-by-the-Sea, and to recruit for the position of Assistant City Administrator.
Task 1 – Review Project Management Approach
Task 2 – Develop Position Profile
Task 3 – Outreach and Recruiting
Task 4 – Candidate Evaluation
Task 5 – Search Report
Task 6 – Selection
Task 7 – Negotiation
Task 8 – Close Out
Schedule
Ralph Andersen & Associates will complete the search within 75 to 90 days from the execution of the agreement to the presentation of candidates. Negotiation with the top candidate will take an additional week or two after finalist interviews.