Thursday, November 27, 2014

Marina Coast Water District’s Request for Temporary Restraining Order Against California American Water Company & California Coastal Commission to Halt Test Slant Well, Sacramento Superior Court, December 5, 2014; Opening Arguments in Trial Regarding Regional Desalination Project, San Francisco Superior Court, December 2, 2014

ABSTRACT:  On Monday, November 24, 2014, Marina Coast Water District filed a lawsuit against California American Water Company and California Coastal Commission in Sacramento County Superior Court “seeking a temporary restraining order and injunction against Cal Am and the Coastal Commission to block Cal Am from moving forward” with the test slant well. The lawsuit states, in part, “Cal Am has no groundwater rights in the Salinas River Groundwater Basin." "The slant well project and Monterey Peninsula Water Supply Project [the name of the current desalination proposal] could have a significant impact on the Salinas Valley Groundwater Basin," according to reporting in the MONTEREY COUNTY WEEKLY.  Marina Coast Water District’s request for a restraining order is scheduled for a hearing on Friday, December 5, 2014.

And on Tuesday, December 2, 2014, “Opening arguments in the case pitting three former regional partners — the Monterey County Water Resources Agency, California American Water and the Marina Coast Water District — are set for Tuesday before Judge Curtis Karnow in San Francisco Superior Court. At issue whether the conviction of former county water board member Stephen Collins on a conflict-of-interest charge voided project agreements, a key to determining who is liable for up to $18 million in remaining costs for the now-abandoned project” according to reporting in The Monterey County Herald.

REFERENCES:
Marina Coast Water District sues California Coastal Commission over approving Cal Am test well.
Sara Rubin, MONTEREY COUNTY WEEKLY, November 26, 2014

Regional desal project trial to start in SF next week
By Jim Johnson, Monterey Herald
Posted: 11/26/14, 6:07 PM PST

Wednesday, November 26, 2014

CITY COUNCIL WORK STUDY SESSION: 2015 City Council Goals

AGENDA
WORK STUDY SESSION
CARMEL-BY-THE-SEA CITY COUNCIL
Monday, December 1, 2014- 5:30p.m.
Carpenter Hall – Sunset Center
San Carlos between 8th and 10th Streets

Ten Noteworthy 2 December 2014 City Council Regular Meeting Agenda Items

 ABSTRACT:   Ten Noteworthy 2 December 2014 City Council Regular Meeting Agenda Items, namely ANNOUNCEMENTS FROM CLOSED SESSION, CITY COUNCIL MEMBERS, CITY ADMINISTRATOR AND CITY ATTORNEY, PUBLIC APPEARANCES, CONSENT CALENDAR including Receive Monthly Summary Report, A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to Create and Adopt the position of Special Projects Manager, A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to enter into a Service Agreement with Silveira Building Services, LLC for the Cleaning of City Facilities in the Amount of $69,000.00 for the first six (6) months of the Agreement, $138,000.00 for Fiscal Year 2015-16 of the Agreement, $138,000.00 plus any Consumer Price Index Adjustment for Fiscal Year 2016-17 of the Agreement, and the Adjusted Fiscal Year 2016-17 Cost of the Agreement plus any Consumer Price Index Adjustment for Fiscal Year 2017-18 of the Agreement, A Resolution Authorizing the City Administrator to Amend the Existing Professional Services Consulting Agreement with Burghardt+Dore for Destination Marketing Services for a Term of Six Months and in an Amount Not to Exceed $53,312, A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to Enter into a Contract (PBD-PSA-AFI-0001-2012) with Fasulo Investigations in Amount not to Exceed $79,200 for February 2015 to January 2016, Consideration of a Comment Letter on the Draft Environmental Impact Report (DEIR) on the Eastwood/Odello Water Right Change Petition Project and Community Forum – Dates and Time for 2015, PUBLIC HEARING ITEMS including A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to enter into a Mills Act Contract with Charles Whittington for a Historic Property located at the Southeast Corner of Ocean Avenue and Forest Road.  Supporting materials, including Council Reports, are embedded. 

CITY OF CARMEL-BY-THE-SEA

REGULAR CITY COUNCIL MEETING
Tuesday, December 2, 2014 – 4:30 p.m.

Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues




1. CALL TO ORDER – MAYOR BURNETT

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 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
At this time, members of the public may comment on any item NOT appearing on the agenda. Under State Law, matters presented under this item cannot be discussed or acted upon by the City Council. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. At all times please use the microphone.
In response to your comments, the Mayor or presiding Council Member may:
 Direct staff to assist or coordinate with you.
 A Council Member may state a desire to meet with you.
 It may be the desire of the Council to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council:
 Comment will be limited to 3 minutes or less.
 Your comments should be directed to the Council as a whole and not directed to individual Council Members.

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:  Receive Monthly Summary Report:
a. Police, Fire and Ambulance Reports
b. Code Compliance Reports
c. Public Record Act Logs (City Clerk & Police)
d. Forester Report
Forester Report 12-02-14 

Recommendation: Accept reports and file, information only

Item 7.E: A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to Create and Adopt the position of Special Projects Manager.

Recommendation: Adopt Resolution by Consent Calendar.

Item 7.H: A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to enter into a Service Agreement with Silveira Building Services, LLC for the Cleaning of City Facilities in the Amount of $69,000.00 for the first six (6) months of the Agreement, $138,000.00 for Fiscal Year 2015-16 of the Agreement, $138,000.00 plus any Consumer Price Index Adjustment for Fiscal Year 2016-17 of the Agreement, and the Adjusted Fiscal Year 2016-17 Cost of the Agreement plus any Consumer Price Index Adjustment for Fiscal Year 2017-18 of the Agreement.
Recommendation: Adopt Resolution by Consent Calendar.

Item 7.I A Resolution Authorizing the City Administrator to Amend the Existing Professional Services Consulting Agreement with Burghardt+Dore for Destination Marketing Services for a Term of Six Months and in an Amount Not to Exceed $53,312.
Recommendation: Adopt Resolution by Consent Calendar.
Amend Existing Agreement with Burghardt+Dore 12-02-14

Item 7.K: A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to Enter into a Contract (PBD-PSA-AFI-0001-2012) with Fasulo Investigations in Amount not to Exceed $79,200 for February 2015 to January 2016.

Recommendation: Adopt Resolution by Consent Calendar.

Item 7.N: Consideration of a Comment Letter on the Draft Environmental Impact Report (DEIR) on the Eastwood/Odello Water Right Change Petition Project.

Recommendation: Review letter and authorize the Mayor to sign and send comment letter.

Item 7.O: Community Forum – Dates and Time for 2015

Recommendation: Approve dates and time of Forum for 2015.


9. PUBLIC HEARING ITEMS
CITY COUNIL PROCEDURES FOR PUBLIC HEARINGS: The Mayor will announce each  item and thereafter, the hearing will be conducted as follows:
1. City staff will present the staff report and recommendation on the proposal being heard and respond to questions from Council.
2. The Mayor will open the public hearing by first asking the project application/appellant (or his/her representative) to present any points necessary for the Council (Limited to 10 minutes), as well as the public (Limited to 3 minutes), to fully understand the proposal.
3. Then Mayor will then ask other interested persons to come to the podium to present testimony either in support of or in opposition to the proposal. (Limited to 3 minutes)
4. The Mayor will invite the applicant/appellant (or his/her representative) back to the podium to respond to the public testimony, if appropriate. (Limited to 5 minutes)
5. The Mayor will then close the public hearing and limit further discussion to the Council and staff prior to the Council taking a vote.

Item 9.A: A Resolution of the City Council of the City of Carmel-by-the-Sea Authorizing the City Administrator to enter into a Mills Act Contract with Charles Whittington for a Historic Property located at the Southeast Corner of Ocean Avenue and Forest Road.

Recommendation: Adopt Resolution authorizing the City Administrator to enter into a Mills Contract with Charles Whittington.


CITY COUNCIL MINUTES, NOVEMBER 2014: Minutes of the November 3, 2014 Closed and Special Meetings, Minutes of the November 4, 2014 Special Meeting, Minutes of the November 4, 2014 Regular and Closed Meetings & Minutes of the November 17, 2014 Closed Session

CITY COUNCIL MINUTES, NOVEMBER 2014:
Minutes of the November 3, 2014 Closed and Special Meetings
Minutes of the November 4, 2014 Special Meeting
Minutes of the November 4, 2014 Regular and Closed Meetings
Minutes of the November 17, 2014 Closed Session

Tuesday, November 25, 2014

CITY COUNCIL CLOSED TELECONFERENCE MEETING AGENDA, November 25, 2014

RELATED NEWS ARTICLE: Carmel reinstates top building official, will pay $340,000 settlement
By Thomas Leyde, thomasthomas9330@sbcglobal.net, @ThomasRLeyde on Twitter
Posted: 11/26/14, 9:07 AM PST |
HIGHLIGHT: The $340,000 settlement includes $100,000 in damages, $105,000 in attorney’s fees and $135,000 in back pay and benefits dating to Aug. 5, 2013, the date Hanson was fired. The agreement also calls for Hanson to return to his former position or another position agreed upon by Hanson and Carmel City Administrator Doug Schmitz.

UPDATE: Yesterday, the City Council reinstated John Hanson and unanimously approved a $340,000 settlement for back pay, benefits, attorney’s fees, expenses and damages, paid by CSAC Excess Insurance Authority.
Posted: Tuesday, November 25, 2014 9:28 pm


AGENDA
CLOSED TELECONFERENCE MEETING
CARMEL-BY-THE-SEA CITY COUNCIL
Tuesday, November 25, 2014 – 6:00 p.m.

Friday, November 21, 2014

CPUC ISSUES $10.85 MILLION STAFF CITATION TO PG&E; COMMISSIONERS OPEN FORMAL CASE TO EVALUATE PG&E’S GAS DISTRIBUTION RECORDKEEPING

ABSTRACT:  November 20, 2014: “The California Public Utilities Commission (CPUC) today issued a $10.85 million staff Citation to Pacific Gas and Electric Company (PG&E) for a natural gas explosion in Carmel-by-the-Sea in March, and, separately, opened a formal penalty consideration case against PG&E relating to recordkeeping associated with the utility’s gas distribution infrastructure.”  The California Public Utilities Commission PRESS RELEASE, CITATION FOR VIOLATION(S) ISSUED PURSUANT TO RESOLUTION ALJ-274 OF GENERAL ORDER 112-E and INCIDENT INVESTIGATION REPORT are embedded
California Public Utilities Commission
505 Van Ness Ave., San Francisco
PRESS RELEASE
Docket #: I.14-11-008
November 20, 2014

Public Utilities Commission
STATE OF CALIFORNIA
CITATION FOR VIOLATION(S)
ISSUED PURSUANT TO RESOLUTION ALJ-274 OF GENERAL ORDER 112-E

CALIFORNIA PUBLIC UTILITIES COMMISSION
Safety and Enforcement Division
Gas Safety and Reliability Branch
Gas Engineering and Compliance Section
Incident Investigation Report

RELATED NEWS REPORT:
PG&E fined for Carmel house explosion in March
Over $10 million citation, PG&E responds
POSTED: 05:36 PM PST Nov 20, 2014 UPDATED: 06:35 PM PST Nov 20, 2014