Four Noteworthy 5 June 2012 City Council Agenda Items

PUBLIC WORKSHOP: BUDGET

CARMEL-BY-THE-SEA CITY COUNCIL

Monday, June 4, 2012, 5:30 P.M.

Council Chambers

East Side Monte Verde Street between Ocean Av. & 7th Av.

ABSTRACT: Four Noteworthy 5 June 2012 City Council Agenda Items, namely Announcements from Closed Session, Receive update report on the Del Mar Master Plan, an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea or, in the alternate, to defer action and direct staff to work with the business community and Receive presentation from the Monterey Water Management District and provide direction on the Proposition 218 process and water supply sources, are presented.  

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, June 5, 2012

4:30 p.m., Open Session

Live & Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

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

A. Announcements from Closed Session.

1. Property Negotiations – Gov’t. Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

2. Public Employee Appointment -- Govt. Code Section 54957.  Title: City Treasurer. City Council will meet to consider the appointment of a City Treasurer.

3. Potential Litigation - Government Code Section 54956.9(b) -Conference with legal counsel regarding potential litigation – one (1) matter.

4. Labor Negotiations  – Government Code Section 54957.6(a) Meet and confer with the  Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding labor negotiations with the two bargaining units.

C. Announcements from City Administrator.

3. Receive update report on the Del Mar Master Plan

Description: The City is proposing to construct a pedestrian pathway on the west side of San Antonio Avenue between Ocean and Fourth avenues and a boardwalk/viewing platform west of the Del Mar parking area.

Overall Cost:

City Funds: N/ A

Grant Funds: $250,000

Staff Recommendation: Receive the update.

Important Considerations: As part of the Del Mar Master Plan implementation, a pedestrian path is proposed from Ocean Avenue to Fourth Avenue that will link with the recently completed path that runs to the Pebble Beach Gate on San Antonio A venue. A small ADA boardwalk and viewing platform is proposed at the west end of the Del Mar parking area that will allow public, including those with disabilities, the opportunity of an improved beach experience.

The Planning Commission issued Design Review and Coastal Development Permits for this project. Upon concurrence by the City Council, staff will prepare construction and bid documents for the project with the intent to begin construction in early fall of this year.

Del Mar Master Plan San Antonio Pathway Boardwalk Viewing Area June 2012 OCR Document

Del Mar Master Plan San Antonio Pathway Boardwalk/Viewing Area

IX. Ordinances

A. Consideration of the first reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea or, in the alternate, to defer action and direct staff to work with the business community.

Description: The proposed ordinance would ban single-use plastic carryout bags for all retail establishments in the City. Alternatively, the Council could also consider directing staff to develop a voluntary compliance program.

Overall Cost:

City Funds: N/ A

Grant Funds: N/ A

Staff Recommendation: 1) Adopt the first reading of the proposed ordinance, or 2) Defer action and direct staff to work with the business community to develop a voluntary compliance program.

Important Considerations: Communities throughout the state and across the country are recognizing the environmental impacts that single-use carryout bags, especially plastic bags, can have on the environment. The proposed ordinance would assist in protecting the aesthetic and environmental resources of the community.

Decision Record: On 9 May 2012 the Planning Commission recommended that the Council work with the business community to develop a voluntary compliance program to ban plastic bags rather than adopting a formal ordinance.

Ordinance Ban Single-use Plastic Carryout Bags June 2012 OCR Document

Ordinance ban single-use plastic bags June 2012

XI. Orders of Council

B. Receive presentation from the Monterey Water Management District and provide direction on the Proposition 218 process and water supply sources.

MPWMD June 2012 OCR Document

Presentation from Monterey Peninsula Water Management District

One Noteworthy 24 May 2012 Special City Council Agenda Item

RELATED NEWS ARTICLE: Council puts off vote on budget, MARY SCHLEY, The Carmel Pine Cone, June 1, 2012

ABSTRACT:  One Noteworthy 24 May 2012 Special City Council Agenda Items, namely Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget, is presented.  The meeting is scheduled to include the proposed capital budget, a discussion of services and items not proposed to be provided due to funding constraints and preliminary City Council deliberations, according to City Administrator Jason Stilwell. The SPECIAL CITY COUNCIL MEETING PACKET is embedded.

SPECIAL CITY COUNCIL MEETING

Thursday, May 24, 2012– 4:30 p.m.

Council Chambers

East side of Monte Verde Street between

Ocean and Seventh Avenues

Live & Archived Video Streaming

II. Roll Call – Council Member Beach will be participating in the meeting via phone (831-915-5093) from 134 Everit Street, New Haven, CT 06511.

IV.  Orders of Council

A. Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget.

1) Budget Overview and recap of the Meeting of May 17, 2012

2) Capital Budget

3) Items Not Funded in the Proposed Budget

4) Council Deliberations and Possible Approval of the Fiscal Year 2012/13  Operating Plan and Proposed Budget.

Special City Council Meeting Final Packet May 24 2012 Ocr Document Final

SPECIAL CITY COUNCIL MEETING Final Packet May 24, 2012

CITY OF PACIFIC GROVE CITY COUNCIL 23 MAY 2012 MEETING AGENDA ITEM: Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula

RELATED NEWS ARTICLE: Agha, P.G. at odds over who will pay to defend lawsuits, KELLY NIX, The Carmel Pine Cone, June 1, 2012, 1A & 22A

“He (Councilman Dan Miller) pointed to Agha’s agreement to purchase a $2 million insurance policy that would protect the city from litigation in the event of Agha or his company, Moss Landin Commercial Park, were negligent.”

“Miller told The Pine Cone Wednesday the item will likely be on next week’s city council agenda and that he expects the indemnification issue to be resolved.”

UPDATE:

CITY OF PACIFIC GROVE

SPECIAL CITY COUNCIL MEETING

Wednesday, May 23, 2012

“ACTION MINUTES”

CALL TO ORDER

Mayor Garcia, Councilmembers Kampe, Cohen, Cuneo, Fischer, Huitt and Miller in attendance.

14. UNFINISHED BUSINESS

            A. Agreement initiating a relationship with Nader Agha to develop a  water project able to meet the needs of Pacific Grove and the Monterey Peninsula

Reference:  Thomas Frutchey, City Manager

Recommended Action:  

1. Receive an update on the agreement to initiate and provide funding to establish a public/private partner relationship between Nader Agha/Moss Landing Commercial Park, LLC and the City of Pacific Grove.
2. Provide direction on any remaining outstanding issues related to the agreement.  This preliminary agreement establishes the parameters and payment provisions for the completion of the second agreement.
3. Direct staff to file application with the CPUC by May 25, 2012 with fees paid by Nader Agha.

Action: Upon motion of Councilmember Cuneo to accept Agreement with the exception of paragraph 15 (Indemnification) and through JPA process request other cities join with Pacific Grove formally, motion carried. 

ADDENDUM:

Paragraph 15 

4.15. Indemnification.  MLCP and Nader Agha, personally, agree to indemnify, defend, and hold City, its Council, officers, agents, and employees free and harmless from any 3rd party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including attorney’s fees and costs, that such may incur as a result of a material breach by MLCP of its obligations under this Agreement.  

MLCP and Nader Agha further agree to indemnify, defend, and hold City, its Council, officers, agents, and employees free and harmless from any 3^rd party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including attorney’s fees and costs, resulting from such 3rd party’s property loss or personal injury that result from alleged negligence by MLCP in the performance of this Agreement.  The scope of indemnity for negligent acts herein shall be identical to the scope of coverage under standard California Commercial General Liability Insurance Policies.

MLCP agrees to maintain a policy of insurance to cover any negligent acts or a omissions committed by MLCP, its employees or agents giving rise to 3^rd party claims of property loss or personal injury arising from and in conjunction with MLCP’s performance of this Agreement.  In order to support its indemnity obligations based upon claims of negligence  under this Agreement, MLCP agrees to maintain a policy of insurance of at least Two  Million Dollars ($2,000,000), and shall name City as an additional insured under such  policy.  City shall be given thirty (30) days prior written notice of the intent to change or chancel such coverage.  MLCP shall provide City with a certificate of insurance or other  evidence of such insurance coverage.  

Any obligation to Indemnify shall survive termination of this Agreement, if the alleged act  giving rise to liability occurred during the period during which this Agreement was in effect.

ABSTRACT:  The City of Pacific Grove’s May 16, 2012 City Council meeting was continued to Wednesday, May 23, 2012 at 6:00 P.M. for Open Session at City Council Chambers, located at 300 Forest Avenue, Pacific Grove.  An agenda item includes 14. UNFINISHED BUSINESS A. Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula.  The AGENDA REPORT is embedded, including the Draft Agreement, dated May 21, 2012.  The RECOMMENDATION of Thomas Frutchey, City Manager, is as follows:

1. Receive an update on the agreement to initiate and provide funding to establish a  public/private partner relationship between Nader Agha/Moss Landing Commercial Park, LLC  and the City of Pacific Grove. 

2.  Provide direction on any remaining outstanding issues related to the agreement.  This preliminary agreement establishes the parameters and payment provisions for the completion of the second agreement. 

Importantly, the DISCUSSION states: Two specific areas of interest were negotiated over the past several weeks to ensure consistency with that principle:

• Assurance that the $600,000 Mr. Agha is committing to the development of the People Project’s EIR, permit applications, and other efforts will be available when needed; and

• Protection of the City in the event of lawsuits, regulatory requirements of the CPUC, Coastal Commission, or other permitting bodies, or any other unintended sources of expenses resulting from the City’s participation in the Project.

The attached revised agreement contains agreed-to wording in both areas.  This wording is in bold lettering.

Pacific Grove AGENDA REPORT 14a May 23_ 2012 -
AGENDA REPORT
Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula 

Carmel ART FESTIVAL 2012: Award Winning Artists & Artworks

ABSTRACT:  Photo images of award winning artworks, with titles and artists, are presented, including awards for First Place, Second Place, Third Place, Artist's Choice, People's Choice, Best Pastel, Honorable Mention, Award of Excellence, Best of Oil or Acrylic, Mayor’s Choice, Best Watercolor, Best Local and Emerging Artist Award.  Congratulations to all participating artists and thank you for your participation!

FIRST PLACE

Title: Pacific Grove

Artist: Michael Situ

SECOND PLACE

Title: Rush Hour

Artist: Paul Kratter

THIRD PLACE

Title: Bird Rendezvous – El Estero Lake

Artist: Hui Lai Chong

ARTIST’S CHOICE

Artist: Lu Yu

Title: Rocky Point

BEST PASTEL

PEOPLE’S CHOICE

20^TH ANNIVERSARY CARMEL ART FESTIVAL POSTER 2013

Title: Carmel River Estuary

Artist: Gretha Lindwood

HONORABLE MENTION

Title: Chinese Junk

Artist: Brian Blood

HONORABLE MENTION 

Title: “On the Way to Big Sur”

Artist: Dee Beard Dean

HONORABLE MENTION

Title: Clear Coast

Artist: Thalia Georgiades

HONORABLE MENTION  

Title: Carmel Valley Meadow

Artist: Carole Gray-Weihman

HONORABLE MENTION  

Title: “The Old Veteran, Holding Fast”

Artist: Thomas Jefferson Kitts

HONORABLE MENTION 

Title: Lobos Looking North

Artist: Larry Moore

HONORABLE MENTION

Title: Elkhorn

Artist: Donald Neff

HONORABLE MENTION 

Title: “Whaler’s Knoll”

Artist: Michael Obermeyer

HONORABLE MENTION 

Title: “Beautiful Beach Morning”

Artist: Richard Oversmith

HONORABLE MENTION

Title: “Misty Morning”

Artist: Robert Sandidge

AWARD OF EXCELLENCE

Title: Morning at Pt. Pinos Lighthouse

Artist: Brian Blood

BEST OIL OR ACRYLIC & MAYOR’S CHOICE

Title: Fierce Wind Over Rocks, Rocky Point

Artist: Stacy Barter

BEST WATERCOLOR

Title: Morning Cypress

Artist: Larry Cannon

BEST LOCAL

Title: Rio’s Rose

Artist: Laurie Kersey

EMERGING ARTIST AWARD

Title: “Carmel Morning”

Artist: Dan Shultz

ADMINISTRATIVE LAW JUDGE’S RULING SETTING A PREHEARING CONFERENCE AND INVITING PREHEARING CONFERENCE STATEMENTS

ABSTRACT:  Gary Weatherford, Administrative Law Judge, ruled on 11 May 2012 that a “Prehearing Conference will he held on Wednesday, June 6, 2012, beginning at 10:00 a.m., at the Commission Courtroom, State Office Building, 505 Van Ness Avenue, San Francisco CA 94102.”  And Prehearing Conference Statements, on the following subjects and filed by June 4, 2012, are invited from entities expecting to seek party status:

a. Issues that should define the scope of the proceeding.

b. The value or not of holding a workshop for the parties.

c. The prospects, if any, for timely and productive settlement discussions, with or without facilitation/mediation.

d. Comments on the Schedule proposed in the California-American Water Company Application at 26.

The Administrative Law Judge’s ruling is embedded and links to other relevant information is provided in an ADDENDUM. 

ADMINISTRATIVE LAW JUDGE’S RULING SETTING A PREHEARING CONFERENCE June 2012

ADMINISTRATIVE LAW JUDGE’S RULING SETTING A PREHEARING CONFERENCE AND INVITING PREHEARING CONFERENCE STATEMENTS

ADDENDUM:

Proceeding A1204019
Date Filed: April 23, 2012
Status: Active 

MOTION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY REQUESTING PARTY STATUS

“The MPRWA is a joint powers authority established pursuant to the Joint Exercise of Powers Act (California Government Code section 6500, et seq.). Its member agencies are the Cities of Carmel-by-the-Sea, Del Rey Oaks, Monterey, Pacific Grove, Sand City, and Seaside (the “Cities”).”

RUSSELL M. MCGLOTHLIN (SBN 208826)

RYAN C. DRAKE (SBN 262580)

BROWNSTEIN HYATT FARBER SCHRECK, LLP

21 East Carrillo Street

Santa Barbara, CA 93101

Telephone: (805) 963-7000

Facsimile: (805) 965-4333

Email: rmcglothlin@bhfs.com; rdrake@bhfs.com

Attorneys for Proposed Intervenor, MONTEREY PENINSULA REGIONAL WATER AUTHORITY

Dated: May 14, 2012

One Noteworthy 17 May 2012 Special City Council Agenda Item

RELATED NEWS ARTICLE:  Council labors through $13.4M spending plan, MARY SCHLEY, The Carmel Pine Cone, May 25, 2012, 9A


ABSTRACT:  One Noteworthy 17 May 2012 Special City Council Agenda Item, namely Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget, is presented.  The SPECIAL CITY COUNCIL MEETING PACKET is embedded.

SPECIAL CITY COUNCIL MEETING

Thursday, May 17, 2012– 4:30 p.m.

Council Chambers

East side of Monte Verde Street between

Ocean and Seventh Avenues

Live & Archived Video Streaming

II. Roll Call

IV. Orders of Council

      A. Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget.

1) Overview

2) Revenue

3) Operating Budgets

4) Items Not Funded in the Proposed Budget

5) Preliminary Council Deliberations

Special City Council Meeting 17 May 2012 Ocr Document

Special City Council Meeting Packet 17 May 2012

CALIFORNIA LOCAL GOVERNMENT FINANCE ALMANAC DATA: Sales & Use Tax Rates, Transient Occupancy Tax Rates, Property Tax Revenues Per Resident- Carmel by-the-Sea & Loss of City Vehicle License Fee (VLF) Revenues Due to SB89 (2011)

ABSTRACT:  California Local Government Finance Almanac data including Tables featuring California City (Monterey County) Sales & Use Tax Rates, Transient Occupancy Tax Rates and Property Tax Revenues Per Resident (2008-09) & Property Tax Revenues Per Resident–Carmel-by-the-Sea (1991-92 through 2008-09) and Loss of City Vehicle License Fee (VLF) Revenues Due to SB89 (2011) Estimated FY2011-12 Impact are presented; an ADDENDUM of links to municipal finance resources is provided.

California City (Monterey County)

Sales & Use Tax Rates, Transient Occupancy Tax Rates & Property Tax Revenues Per Resident (2008-09)

Data Last Updated: 5/7/2012

CITY	Sales & Use Tax Rates	TOT Rates	Property Tax Revenues/Resident (2008-09)
Big Sur	7.250%
Carmel Rancho	7.250%
Carmel Valley	7.250%
Carmel-by-the-Sea	7.250%	10.0%	1,007
Del Rey Oaks	8.250%	10.0%	262
Marina	8.250%	12.0%	124
Monterey	7.250%	10.0%	208
Pacific Grove	8.250%	10.0%	262
Pebble Beach	7.250%
Salinas	7.750%	10.0%	91
Sand City	7.750%		298
Seaside	8.250%	12.0%	51

NOTES:

Sales & Use Tax Rates

• Of 37 cities/areas in Monterey County, thirty-one cities/areas have sales tax rate of 7.250%, including Carmel, two cities (Salinas and Sand City) have sales tax rate of 7.750% and four cities (Del Rey Oaks, Marina, Pacific Grove and Seaside) have sales tax rate of 8.250 % 

Transient Occupancy Tax Rates – California Cities (March 2011)

• Total 431 cities, mean 9.6%, maximum 15.0%, minimum 3.5%, median 10.0%.
• Only one city, Anaheim, has a TOT of 15.0%.
• Six cities have a TOT of 14.0%, including Beverly Hills, Inglewood, Los Angeles, Oakland, San Francisco and Santa Monica. 

• Tourist Destination Cities:

Del Mar @ 13.0%

Calistoga, Heraldsburg, St. Helena,Yountville @ 12.0%

Carpinteria, Hermosa Beach, Huntington Beach, Laguna Beach, Manhattan Beach, Monterey, Newport Beach, Ojai @ 10.0%

Palm Desert @ 9.0%

• Monterey Peninsula Cities

      Marina & Seaside @ 12.0%

Carmel, Del Rey Oaks, Monterey, Pacific Grove, Salinas @ 10.0%

Property Tax Revenues Per Resident–Carmel-by-the-Sea (1991-92 through 2008-09)

Fiscal Year	Property Tax Revenues Per Resident
1991-92	293
1992-93	270
1993-94	281
1994-95	295
1995-96	303
1996-97	313
1997-98	329
1998-99	351
1999-2000	409
2000-01	503
2001-02	555
2002-03	602
2003-04	703
2004-05	728
2005-06	829
2006-07	919
2007-08	957
2008-09	1,007

Loss of City Vehicle License Fee (VLF) Revenues Due to SB89 (2011)

Estimated FY2011-12 Impact

CITY	Population	Lost Motor Vehicle License Fee (Total)
Carmel-by-the-Sea	4,102	14,470
Del Rey Oaks	1,654	5,835
Marina	28,136	99,253
Monterey	30,641	108,089
Pacific Grove	15,683	55,323
Salinas	156,516	552,443
Sand City	329	1,161
Seaside	34,918	123,177

NOTES:

Motor Vehicle License Fee Revenues

1991-92 146,726

1992-93 152,213

1993-94 146,274

1994-95 150,946

1995-96 166,851

1996-97 174,839

1997-98 188,765

1998-99 201,276

1999-2000 261,374

2000-01 262,030

2001-02 228,937

2002-03 221,751

2003-04 NR

2004-05 44,207

SOURCE: California Local Government Finance Almanac

ADDENDUM:

CALFACTS (January 2011)

Understanding the basics of COUNTY and CITY REVENUES

You pay fees and taxes to government but . . . How much goes to cities? How do they spend it?

A look at Californiacity finance from the view of the taxpayer

Property Tax: How much goes to your city? 21%

Sales Tax: For each taxable dollar you spend, you pay sales tax to $ 0.01 (13%)

Vehicle License & Registration Fees Where do they go?  Cities 3%

Financial Management for Elected Officials: Questions to Ask