ADMINISTRATIVE LAW JUDGE’S RULING CONCERNING CONTINGENCY PLANS

ABSTRACT: ADMINISTRATIVE LAW JUDGE’S RULING CONCERNING CONTINGENCY PLANS, filed 08-30-12, is embedded.
IT IS RULED that:
1. California-American Water Company shall develop reasonably detailed contingency plans that include time lines, permitting milestones, cost estimates, financial impacts and the pros and cons in regards to the following possible barriers to the successful and timely completion and operation of the Monterey Peninsula Water Supply Project:
a. Brackish Source Water: Salinas Valley Aquifer water becomes unavailable in whole or in part. What is the availability of alternative well or intake locations in event slant wells fail or do not reliably supply sufficient rate or volumes?
b. Facility Siting: Relocation of site for desalination plantfrom that proposed due to whatever cause. Availability of alternative site or sites?
c. Plant Failure or Periodic Interruption: Inability of desal plant to operate at required capacity for long or short time period. What is the availability of potable water from alternative sources and/or plan for reducing deliveries to customers?
d. Outfall Use for Brine Disposal: Access to needed capacity prevented in whole or part for long or short time period. What is the availability of alternate means of disposal?
e. Reduction in Demand Forecasts: Water demand lessens to the point where there would be significant excess capacity in the proposed project. What would be the impact on
project design, construction and operation?
f. Project Delay: Project delayed, extending completion beyond December 2016 Cease and Desist Order deadline. What would be the response plan or plans in event non-compliance with the deadline becomes foreseeable or occurs?
2. Those contingency plans shall be contained in a compliance report to be filed by November 1, 2012.
Dated August 30, 2012, at San Francisco, California.

/s/  GARY WEATHERFORD

Gary Weatherford

Administrative Law Judge

Alj's Ruling Concerning Contingency Plans 08-30-12

ADMINISTRATIVE LAW JUDGE’S RULING CONCERNING CONTINGENCY PLANS

ADDENDUM:
Cal Am water supply project faces another delay Firm also must consider public partnerships, JIM JOHNSON Herald Staff Writer, 08/30/2012

ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT AND RULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE

ABSTRACT: ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT AND RULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE, filed 08-29-12, is embedded.
 IT IS RULED that:
1. The statement of scope of the Application 12-04-019 proceeding is modified to read:
Is the proposed Monterey Peninsula Water Supply Project

• required for public convenience and necessity

• and a reasonable and prudent means of securing  replacement water for the Monterey District of Cal-Am; and would the granting of the application be in the public  interest?

2. The schedule of the proceeding is modified as set out on pages 8-9 of this ruling.
3. California-American Water Company (Cal-Am) is directed to seriously consider in good faith any public agency proposal for direct participation in the Monterey Peninsula Water Supply Project (MPWSP) that is feasible and sufficiently developed to allow implementation in a timely manner and that is made by October 1, 2012. Cal-Am shall file a compliance progress report on the status of any such deliberations by October 26, 2012.
4. Parties interested in the subjects of the December 11-13, 2012 workshop (project cost, cost impacts of contingencies, and related financial modeling) are encouraged to develop jointly, under Cal-Am’s leadership, a financial model, or optional models, that can be used for computing revenue requirements for the project (taking into account contingency costs). Cal-Am is directed to file a compliance report on that model, or models, by November 15, 2012 and to join with the participating parties in sharing the analysis underlying the model or models at that workshop.
5. In a separate Administrative Law Judge (ALJ) ruling, Cal-Am will soon be directed to develop reasonably detailed contingency plans in regards to the select potential barriers to the MPWSP project and set out those plans in a compliance report by November 1, 2012.
6. The August 3, 2012 ALJ e-mail ruling is confirmed and memorialized.
7. The July 25, 2012 Salinas Valley Water Coalition’s motion for official notice of facts is denied without prejudice.
8. The August 2, 2012 WaterPlus motion for official notice of facts is denied.
Dated August 29, 2012 at San Francisco, California.
/s/ GARY WEATHERFORD
Gary Weatherford
Administrative Law Judge
Note: October 1, 2012: Public agency participation proposals, if any, due.participation

Alj's Directives to Applicant and Ruling on Motions Concerning Scope, Schedule and Official Notice 08-29-12

ADMINISTRATIVE LAW JUDGE’S DIRECTIVES TO APPLICANT ANDRULING ON MOTIONS CONCERNING SCOPE, SCHEDULE AND OFFICIAL NOTICE

PLANNING COMMISSION/FOREST AND BEACH COMMISSION WORKSHOP August 29, 2012

ABSTRACT: The Planning Commission and the Forest and Beach Commission held a joint workshop today. DISCUSSION ITEMS: 1. Discuss the responsibilities of each Commission; 2. Discuss the development review process as it relates to the urban forest and 3. Discuss issues of concern and areas of further collaboration. The PLANNING COMMISSION/FOREST AND BEACH COMMISSION WORKSHOP AGENDA & ATTACHMENTS document is embedded.
Archived Video Special Planning Commission and Forest and Beach Commission Workshop, August 29, 2012.

Planning Commission Forest and Beach Commission Joint Meeting Agenda 08-29-12 OCR Document

PLANNING COMMISSION/FOREST AND BEACH COMMISSION WORKSHOP AGENDA & ATTACHMENTS

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA SPECIAL MEETING & MINUTES August 27, 2012

MPRWA Agenda Special Meeting Packet 08-27-12.pdf
AGENDA SPECIAL MEETING PACKET
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA), August 27, 2012

CITY’S OUTSOURCED ‘PROFESSIONAL SERVICES,’ CONTRACTUAL SERVICES,’ ‘OUTSIDE LABOR’ & SUBSIDIES

ABSTRACT: While City employees’ salaries and benefits amounted to $7,783,630 (61% of FY 2009-10 Operating Budget), outsourced “Professional Services,” “Contractual Services,” “Outside Labor” and Subsidies exceeded $1.7 million in Fiscal Year 2009-2010. In Fiscal Year 2010-11, City employees’ salaries and benefits amounted to $7,823,846 (62% of FY 2010-11 Operating Budget) and outsourced “Professional Services,” “Contractual Services,” “Outside Labor” and Subsidies exceeded $3.2 million in Fiscal Year 2010-2011. And in Fiscal Year 2011-12, City employees’ salaries and benefits amounted to $7,823,846 (58% of FY 2011-12 Operating Budget) and outsourced “Professional Services,” “Contractual Services,” “Outside Labor” and Subsidies exceeded $4.1 million. A TABLE of OUTSOURCED ‘PROFESSIONAL SERVICES,’ CONTRACTUAL SERVICES,’ OUTSIDE LABOR’ & SUBSIDIES (Fiscal Years 2009-10, 2010-11 and 2011-12) is embedded. And ANALYSIS, COMMENTS AND QUESTIONS section regarding CONTRACTUAL SERVICES (TOP 15), TOURIST PROMOTION/MARKETING, LEGAL SERVICES, TREE SERVICES/LANDSCAPING SERVICES, ARCHITECTS/DESIGN PROJECTS and SUBSIDIES is presented.

Outsourced Table I

TABLE I OUTSOURCED ‘PROFESSIONAL SERVICES,’ CONTRACTUAL SERVICES,’ OUTSIDE LABOR’ & SUBSIDIES (Fiscal Years 2009-10, 2010-11 and 2011-12) 

ANALYSIS, COMMENTS & QUESTIONS

Re: CONTRACTUAL SERVICES
The City’s Contractual Services reflect required expertise and specialization beyond the capabilities of city employees.

Re: TOURIST PROMOTION/MARKETING
With the current state of “revenue stagnation,” is it the most prudent, economical and efficient use of taxpayer monies to expend nearly a quarter of a million dollars annually to the Monterey County Convention & Visitors Bureau and nearly $200,000 annually to Burghardt-Dore Advertising for a total of $435,189.26 (FY 2011-12)? Or can $435,189.26 be better spent for infrastructure and amenities for tourists and visitors to the world renowned village of Carmel-by-the-Sea?

Re: LEGAL SERVICES
City Attorney Don Freeman is paid $90,000 annually to essentially hire consultant attorneys to do the bulk of the City’s legal work. Are the legal expenditures of $370,719.04 (FY 2009-10), $273,054.62 (FY 2010-11) and $321,526.88 (FY 2011-12) justified? Or should the city attorney be responsible for doing some of the legal work which has been outsourced to consultant attorneys?

Re: TREE SERVICES/LANDSCAPING SERVICES
Between FY 2009-10 and FY 2011-12, the City contracted with fifteen tree service and landscaping companies for a total of $126,201.94 (FY 2009-10), $175,719.25 (FY 2010-11) and $187,417.93 (FY 2011-12). Is contracting with fifteen companies the most economical and efficient use of taxpayer dollars?

Re: ARCHITECTS/DESIGN PROJECTS
With over $50,000 expended towards the Forest Theatre renovation plans in FY 2009-10 and nothing expended in FY 2010-11 and FY 2011-12, isn’t it past time to place the Camille/MACK5 report on a public hearing agenda for public review and input?

Re: SUBSIDIES
Are the City’s subsidy amounts of $692,512.67 (FY 2009-10), $656,829.50 (FY 2010-11) and $767,927.71 (FY 2011-12) to Sunset Cultural Center, Inc. (SCC) for the management of an entertainment venue justified given that the City’s other cultural assets, namely Scout House, Flanders Mansion and the Forest Theatre, have not been allotted satisfactory monies for upkeep, maintenance and management? Are the City’s subsidies to SCC an example of skewed priorities?

ADDENDUM:

LIST OF CONTRACTUAL SERVICES (TOP 15), TOURIST PROMOTION/MARKETING, LEGAL SERVICES, TREE SERVICES/LANDSCAPING SERVICES, ARCHITECTS/DESIGN PROJECTS & SUBSIDIES

CONTRACTUAL SERVICES (TOP 15)
CITY OF MONTEREY
MONTEREY PENINSULA ENGINEERING
NOR-CAL CONTRACTOR INC (FY 11-12 STREET & RD PROJECTS)
PEBBLE BEACH RESORTS (PEDESTRIAN PATH SAN ANTONIO & BEACH STAIRWAY)
R&B EXCAVATING, INC.
NEILL ENGINEERS CORP.
PROFESSIONAL PROP MAINT
RBF CONSULTING (GENERAL PLAN)
DADIW ASSOCIATES
GRANITE CONSTRUCTION CO. - MONTEREY BAY
PENINSULA MESSENGER SERVICE (MAIL SERVICE CONTRACT)
MONTEREY-SALINAS TRANSIT (TROLLEY SERVICE)
ROBERT S. JAQUES (STORM WATER RUNOFF PROG)
COUNTY OF MTRY SHERIFF-CORONER
TRACNET CORPORATION (POLICE)
JAN ROEHL (GRANT WRITING)
KNA GENERAL CONSTRUCTION
ED SANTACRUZ JANITORIAL SERVICE
W PAUL WOOD (AUDIT)
SANTA LUCIA ENGINEERING (BEACH SEAWALLS REPAIRS)
PMC (CARMEL SANDS PROJECT)
WASSON'S CLEANING SVCS.
NICHOLS CONSULTING ENG.
PROPERTY SERV/MAINTENANCE

TOURIST PROMOTION/MARKETING
MTRY COUNTY CONVENTION & VISITORS BUREAU (MCCVB)
BURGHARDT-DORE ADVERTISING, INC. (REGIONAL DESTINATION MARKETING)

LEGAL SERVICES

KENNEDY, ARCHER & HARRAY
BRANDT-HAWLEY LAW GROUP
LIEBERT CASSIDY WHITMORE
JOEL FRANKLIN
LAW OFFICES OF WILLIAM D. ROSS, APC
BROWNSTEIN/HYATT/FARBER/SCHRECK
DONALD FREEMAN

TREE SERVICES/LANDSCAPING SERVICES
WEST COAST ARBORISTS INC
NEW IMAGE LANDSCAPE CO.
GREENSCAPE CALIFORNIA
TOPE'S TREE SERVICE
GATES TREE SERVICE, INC.
JOHN LEY'S TREE SERVICE
E. VALDEZ TREE SERVICE
GREEN VALLEY LANDSCAPE INC.
IVERSON TREE SERVICE
VALLEY LANDSCAPING AND
WESTON'S TREE SERVICE
SPENCER'S TREE SERVICE
ASSURED LANDSCAPE
SMITH TREE SERVICE
URBAN LUMBERJACKS, INC.

ARCHITECTS/DESIGN PROJECTS
R.F. MCCANN & COMPANY ARCHITECTS (FOREST THEATER MASTER PLAN)
WILLIAM J. CAMILLE & MACK5 (FOREST THEATER RENOVATION PLANS)
CARVER + SCHICKETANZ ARCH (BEACH RESTROOMS ON SCENIC DRIVE)

SUBSIDIES
SUNSET CULTURAL CTR. INC. (SCC)
CARMEL RGN'L FIRE AMBULNC (REGIONAL AMBULANCE SUBSIDY)

LOCAL GOVERNMENT EMPLOYEES: Salaries & Benefits Represent 'Significant Share' of Government Annual Spending

ABSTRACT: Salaries and benefits make up a “significant share” of government entities annual spending.
Wages and salaries. Wages and salaries make up about one-third of state and local governments’ general spending, on average, according to Census Bureau data. States spend a considerably smaller share (about 15 percent) than local governments (41 percent).
Total compensation. Spending on benefits such as health insurance and retirement is not reported to the Census but can be estimated using data from the Bureau of Labor Statistics. Adding these costs brings the total costs of compensation for state and local workers to about 44 percent of state and local spending. Some 20 percent of state spending is for employee compensation, compared to about 55 percent of local government spending.
Source: SOME BASIC FACTS ON STATE AND LOCAL GOVERNMENT WORKERS, Elizabeth McNichol, Center on Budget and Policy Priorities, June 15, 2012
On average then, wages and salaries make up about 41% of local governments’ general spending and total compensation costs make up about 55% of local government spending. For the City of Carmel-by-the-Sea, from Actual FY 2009/10 Budget through Projected FY 2014/15 Budget, salaries and benefits as a percentage of the Budget have been 61% (FY 2009/10), 62% (FY 2010/11), 58% (FY 2011/12), 55% (FY 2012/13), 52% (FY 2013/14) and 53% (FY 2014/15). Prior to FY 2012/13, salaries and benefits were above average and, arguably, a reason why taxpayers monies were not available for deferred maintenance projects and normal upkeep and maintenance of infrastructure and other city assets, although the City’s above average reserve funds speak to a reluctance on the part of the City Council to use reserve funds for specific projects, not to a lack of taxpayer monies to pay down the CalPERS Side Fund debt or accomplish prioritized capital projects, as examples. TABLES of FISCAL YEAR BUDGETS & SALARY/BENEFITS, SELECTED CITY EMPLOYEE COMPENSATION 2012, SELECTED CITY EMPLOYEES COMPENSATION 2011, SELECTED CITY EMPLOYEES COMPENSATION 2010 and Government Compensation in California Selected Monterey Peninsula Cities Calendar Year 2010 are presented.

FISCAL YEAR BUDGETS & SALARY/BENEFITS

FISCAL YEAR BUDGET	SALARY & BENEFITS (% OF BUDGET)
FY 2009/10 $12,779,085 (Actual)	$7,783,630 (61%)
FY 2010/11 $12,617,261 (Actual)	$7,823,846 (62%)
FY 2011/12 $13,385,611 (Estimated)	$ 7,823,846 (58%)
FY 2012/13 $13,404,366 (Adopted)	$7,315,641 (55%)
FY 2013/14 $14,320,052 (Projected)	$7,447,266 (52%)
FY 2014/15 $14,535,234 (Projected)	$7,683,677 (53%)

  

SELECTED CITY EMPLOYEE COMPENSATION 2012

Department	Classification	City Employee	Salary
Administration	City Administrator	Jason Stilwell	$176,500

Note: Per EMPLOYMENT AGREEMENT between the CITY and JASON STILWELL, effective September 28, 2011, Defined Benefit Pension Formula 2% @ 55 September 2011 – March 2012, 2% @ 60 post-adoption of second tier.

SELECTED CITY EMPLOYEES COMPENSATION 2011

Department	Classification	City Employee	Salary & Benefits (Overtime)
Police	Sgt.	Paul Tomasi	$202,293.25 ($46,764.27)
Fire	Capt.	Mitch Kastros	$194,466.80 ($42,298.01)
Fire	Capt.	Ian Watts	$189,187.42 ($33,230.29)
Police	Officer	Chris Johnson	$188,511.55 ($48,431.72)
Administration	City Administrator	Rich Guillen	$185,394.87
Police	Chief	Mike Calhoun	$179,011.38
Police	Sgt.	Mel Mukai	$175,626.57
Police	Cpl.	Steve Rana	$174,365.09
Fire	Capt.	Bruce Meyer	$170,704.27
Administration	Asst. City Administrator/Clerk	Heidi Burch	$163,337.64
Public Works	Superintendent	Stu Ross	$148,584.79
Information Services/Network	Manager	Steve McInchak	$134,290.04
Forest, Parks & Beach	Forester	Mike Branson	$133,183.45
Community Planning & Building	Manager	Sean Conroy	$125,911.81
Library	Director	Janet Cubbage	$116,156.97
Facilities Maintenance	Manager	Bernard Martino	$111,755.74
Legal	City Attorney	Don Freeman	$90,000
Administration	City Administrator	Jason Stilwell	$51,514.08         (3 months)

SOURCE: Salary survey reveals cops, firefighters receive toppay. MARY SCHLEY, March 2, 2012

SELECTED CITY EMPLOYEES COMPENSATION 2010

Department	Classification	City Employee	Salary & Benefits (Overtime)
Fire	Capt.	Mitch Kastros	$208,111,70 ($58,738.03)
Police	Sgt.	Ken Shen	$205,386.97 ($7,202.08)
Police	Chief	George Rawson	$199,057.05
Administration	City Administrator	Rich Guillen	$197,923.28
Police	Capt.	Ian Watts	$193,472.04 ($40,517.38)
Administration	Asst. City Administrator/Clerk	Heidi Burch	$145,307.94
Public Works	Superintendent	Stu Ross	$144,758.87 ($2,605.19)
Forest, Parks & Beach	City Forester	Mike Branson	$133,947.17
Information Services/Network	Manager	Steve McInchak	$132,292.65
Community Planning & Building	Manager	Sean Conroy	$118,048.84
Library	Director	Janet Cubbage	$112,397.30
Facilities Maintenance	Manager	Bernard Martino	$108,607.28
Forest, Parks & Beach	Tree-Care Specialist	Kelly Green	$59,757.17 ($153.29)
Community Planning & Building	Building Official	John Hanson	$42,831.73 (National Guard duty in Afghanistan)
Finance	Specialist	Deanna Allen	$42,452.21

SOURCE: Police and fire top salary costs, MARY BROWNFIELD, April 29, 2011

Government Compensation in California

Selected Monterey Peninsula Cities

Calendar Year 2010

CITY (Population)	Classification	Total Wages Subject to Medicare	Applicable Defined Benefit Pension Formula
Carmel-by-the-Sea (4,053 as of June 30, 2010)	City Administrator	$150,425	2% @ 55
Carmel-by-the-Sea	Asst. City Administrator	$116,274	2% @ 55
Del Rey Oaks (1,649 as of June 30,2010)	City Manager	$142,394	2% @ 60
Del Rey Oaks	Deputy City Clerk	$68,864	2% @ 60
Marina (19,445 as of June 30, 2010)	City Manager	$265,472	2% @ 55
Monterey (29,455 (as of June 30, 2010)	City Manager	$285,603	2.7% @ 55
Monterey	Asst. City Manager	$205,810	2.7% @ 55
Pacific Grove (15,683 as of June 30, 2010)	City Manager	$180,327	2% @ 55
Pacific Grove	Deputy City Manager	$142,045	2% @ 55
Sand City (329 as of June 30, 2010)	City Administrator	$198,621	3% @ 60
Seaside (34,628 as of June 30, 2010)	City Manager	$191,362	2.5% @ 55
Seaside	Asst. City Manager	$162,317	2.5% @ 55

SOURCE: Government Compensation in California

Controller John Chiang

California State Controller’s Office

City of Carmel-by-the-Sea Fiscal Year 2012-2013 Adopted Budget & Operating Plan

Carmel Final Adopted Operating Budget FY 2012-2013 OCR Document
City of Carmel-by-the-Sea
Fiscal Year 2012-2013 Adopted Budget and Operating Plan

June 12, 2012