Saturday, September 29, 2012

Eight Noteworthy 2 October 2012 City Council Agenda Items

ABSTRACT: Eight Noteworthy 2 October 2012 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Buff LaGrange for an historic property located at 2552 Santa Lucia Avenue, a Resolution to amend the interim ambulance administration services agreement between the cities of Carmel by-the-Sea and Monterey to allow backfill of paramedic vacancies, Receive agenda forecast, Update and direction on refinancing and refunding options for the City’s CalPERS Retirement Side Fund, a Resolution designating the Friends of Mission Trail Nature Preserve (FOMTNP) as an official City support group and a Resolution accepting a gift from the 9/11 Carmel Citizen Group and authorizing the installation of a 9/11 memorial to be placed in Devendorf Park, are presented. Supporting documents are embedded.

CITY OF CARMEL-BY-THE-SEA
Regular Meeting
Tuesday, October 2, 2012
4:30 p.m., Open Session

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 – Government Code Section 54956.8, Real Property negotiations  between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset  Cultural Center.

2. Public Employee Performance Evaluation - Government Code Section 54957.
Title: City Administrator

C. Announcements from City Administrator.

2. Employee Announcement: Sean Conroy, Planning and Building Services Manager.
Sean Conroy Letter of Resignation and Stilwell Memo

3. Presentation: Monterey Peninsula Water Management District on water supply charge.

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote.  Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

F. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Buff LaGrange for an historic property located at 2552 Santa Lucia Avenue.

H. Consideration of a Resolution to amend the interim ambulance administration services agreement between the cities of Carmel by-the-Sea and Monterey to allow backfill of paramedic vacancies.

K. Receive agenda forecast.

VIII.           Orders of Council

B. Update and direction on refinancing and refunding options for the City’s CalPERS Retirement Side Fund.  

E. Consideration of a Resolution designating the Friends of Mission Trail Nature Preserve (FOMTNP) as an official City support group.

F. Consideration of a Resolution accepting a gift from the 9/11 Carmel Citizen Group and authorizing the installation of a 9/11 memorial to be placed in Devendorf Park.

CARMEL-BY-THE-SEA CITY COUNCIL: Tour of Inspection, Closed Session & Public Workshop 1 October 2012


CARMEL-BY-THE-SEA CITY COUNCIL

Monday, October 1, 2012

Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues

ABSTRACT:  On Monday, October 1, 2012, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour of Inspection, Closed Session at 4:30 P.M. and a Public Workshop at 5:30 P.M. The Public Workshop concerns Subject: Character of the Rights of Way. The Agenda is embedded.

CARMEL-BY-THE-SEA CITY COUNCIL
Tour of Inspection and Closed Session And Public Workshop Agenda
October 1, 2012

CITY OF PACIFIC GROVE CITY COUNCIL SPECIAL MEETING 29 September 2012: Proposal to Cal Am for Public Entity Participation in Desalination Project

ABSTRACT: Today, 29 September 2012, the City of Pacific Grove City Council met for a Special Meeting at 9:00 A.M. regarding URGENT UNFINISHED BUSINESS A. October 1, 2012 Filings with Cal Am and the California Public Utilities Commission (CPUC). Recommended Action: 1. Review and approve the City’s draft filings to Cal-Am for October 1, 2012: one as the public agency for the People’s Desal Project, and a second in relation to small water projects within Pacific Grove that would allow us to end the use of potable water on the golf course and cemetery; and 2. Approve resolutions authorizing the Mayor to submit each filing to Cal-Am in response to the request by Administrative Law Judge Gary Weatherford on behalf of the California Public Utilities Commission. The Conclusion of the 29 September 2012 letter to Rob MacLean, President, California American Water Company RE: Proposal to Cal Am for Public Entity Participation in Desalination Project states, as follows:
The City of Pacific Grove requests that Cal-Am enter into a public/private partnership agreement with regard to the People’s Desalination Project.
The City of Pacific Grove requests that Cal-Am assist and co-operate in submitting an  application to CPUC to have the People’s Project evaluated simultaneously with Cal-Am’s current application to the CPUC, with the People’s Project being considered as an alternative to the currently proposed Marina Desalination Project.
Finally, the City of Pacific Grove requests a prompt meeting with authorized representatives of Cal-Am to discuss this proposal, in an attempt to determine whether an agreement can be reached and formalized prior to Cal-Am’s October 26, 2012 deadline for filing its compliance progress report to ALJ Weatherford. 

The 29 September 2012 letter, THE PEOPLE’S MOSS LANDING WATER DESAL PROJECT document dated September 2012 and Attachment A: SPI MEMORANDUM are embedded.

URGENT UNFINISHED BUSINESS
October 1, 2012 Filings with Cal Am and the California Public Utilities Commission (CPUC).

Thursday, September 27, 2012

MONTEREY COUNTY BOARD OF SUPERVISORS: 28 September 2012 Special Meeting to Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority

RELATED NEWS ARTICLE: Supervisors approve public participation proposal for water project County, two agencies agree, JIM JOHNSON Herald Staff Writer, 09/28/2012
Excerpts Highlights: 
A public participation proposal aimed at providing more oversight of California American Water's Peninsula water supply project was unanimously approved by the Board of Supervisors during a special session Friday.
Once the proposal is submitted to the CPUC, Cal Am has until Oct. 25 to respond.


ABSTRACT: The Monterey County Board of Supervisors (Chair Dave Potter - District 5; Vice-Chair Fernando Armenta - District 1; Supervisor Louis R. Calcagno - District 2; Supervisor Simón Salinas - District 3 and Supervisor Jane Parker - District 4) have scheduled a Special Meeting on Friday, September 28, 2012 at 9:00 A.M. to Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority. The Report RECOMMENDATION of Charles J. McKee, County Counsel for the County of Monterey: It is recommended that the Board of Supervisors approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority (MPRWA). The Final Meeting Agenda and Legislation Details (With Text) are embedded.


Monterey County Board of Supervisors Agenda 09-28-12 -
Meeting Agenda – Final
Friday, September 28, 2012 9:00 AM


Approve creation of and membership on the Governance Committee of the MPRWA 09-28-12 -
Legislation Details (With Text)
Title: Approve creation of and membership on the Governance Committee of the Monterey Peninsula Regional Water Authority.

ADDENDUM:
COUNTY OF MONTEREY – BOARD OF SUPERVISORS
SPECIAL MEETING 09/28/12 9:00 A.M.

Tuesday, September 25, 2012

ADMINISTRATIVE LAW JUDGE’S RULING: PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION

RELATED NEWS ARTICLE: Judge: PUC has final say on Cal Am water supply project Judge makes proposed ruling, JIM JOHNSON Herald Staff Writer, 09/25/2012

ABSTRACT: Administrative Law Judge Weatherford’s PROPOSED DECISION DECLARING PREEMPTION OF COUNTY ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION, filed 09-21-12, is embedded.. Summary: This decision determines that the authority of the Commission in regard to this application preempts Monterey County Code of Ordinance, Title 10, Chapter 10.72, concerning the construction, operation and ownership of desalination plants. This decision further determines that the findings, conclusions and orders herein are an exercise of jurisdiction that is paramount to that of a county Superior Court concerning the same subject.
O R D E R
IT IS ORDERED that:
1. The Commission’s authority, exercised through General Order 103-A in Application 12-04-019, preempts the Monterey County Desalination Ordinance, Title 10, Chapter 10.72.
2. Under § 1759 of the Pub. Util. Code, the Superior Court of San Francisco County in County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, has no “jurisdiction to review, reverse, correct, or annul” the instant decision of the Commission or “to suspend or delay the execution or operation” of it.
3. The Commission shall not delay the instant proceeding to await developments in or the outcome of County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, pending in the Superior Court of San Francisco County.
4. California-American Water Company is directed to seek expeditiously a dismissal, summary judgment or other favorable disposition in County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, pending before the Superior Court of San Francisco County, on the ground that applicable law requires a determination that the Commission’s authority regarding Application 12-04-019 preempts the Monterey County Desalination Ordinance.
5. Preemption of Monterey County Desalination Ordinance, Title 10, Chapter 10.72 by Commission authority shall not prevent the Commission or California-American Water Company from taking into account related concerns and interests of the County of Monterey and from cooperating with the County of Monterey in regards to the Monterey Peninsula Water Supply Project proposed in Application 12-04-019.
6. Application 12-04-019 remains open.
This order is effective today
Importantly, regarding County of Monterey vs. California-American Water Company, Case No. CGC-12-521875, in the Superior Court of San Francisco County, that the Commission has paramount jurisdiction relative to the Superior Court that is presiding over Case No. CGC-12-521875; and that, accordingly, under § 1759 of the Pub. Util. Code, the Superior Court has no “jurisdiction to review, reverse, correct, or annul” the instant decision or “to suspend or delay the execution or operation” of this decision.


DRAFT ALJ PROPOSED DECISION DECLARING PREEMPTION OF COUNTY  ORDINANCE AND THE EXERCISE OF PARAMOUNT JURISDICTION 09-21-12 -  

DRAFT

Superior Court of California, County of San Francisco Case Number: CGC-12-521875 Title: COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF VS. CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA et al

ABSTRACT: Superior Court of California, County of San Francisco Case Number: CGC-12-521875, COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF VS. CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA et al concerning Monterey County Ordinance 10.72, COMPLAINT, ANSWER TO COMPLAINT and CASE MANAGEMENT STATEMENT documents are embedded.  The Calendar is reproduced: the next Court Date is Wednesday, November 28, 2012, Civic Center Courthouse, Room 610, Judge Katherine Feinstein.

Calendar
Court Date
Matter(s)
Location
Judge
Nov-28-2012 2:00pm
CASE MANAGEMENT CONFERENCE
Off Calendar Jul-25-2012 Single Assignment
KATHERINE FEINSTEIN
Aug-28-2012 9:30am
COMPLEX LITIGATION
RICHARD A. KRAMER


Register of Actions
Date
Proceedings
JUN-26-2012
OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA AS TO DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION DOES 1 TO X, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-28-2012 PROOF OF SERVICE DUE ON AUG-27-2012 CASE MANAGEMENT STATEMENT DUE ON NOV-13-2012
JUL-27-2012
ANSWER TO COMPLAINT FILED BY DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY
AUG-22-2012
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA ALSO FILED BY DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY



CGC-12-521875 COMPLAINT -
OTHER NON EXEMPT COMPLAINTS, COMPLAINT FILED BY PLAINTIFF COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA AS TO DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CORPORATION DOES 1 TO X, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR NOV-28-2012 PROOF OF SERVICE DUE ON AUG-27-2012 CASE MANAGEMENT STATEMENT DUE ON NOV-13-2012 June 26, 2012


CGC-12-521875 ANSWER -  
ANSWER TO COMPLAINT FILED BY DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY July 27, 2012


CGC-12-521875 CASE MANAGEMENT STATEMENT -  
CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA ALSO FILED BY DEFENDANT CALIFORNIA-AMERICAN WATER COMPANY August 22, 2012

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) CLOSED SESSION & REGULAR MEETING AGENDA & MINUTES September 27, 2012


MPRWA Closed Session Packet 09-27-12 -
CLOSED SESSION PACKET
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 27, 2012


MPRWA Regular Meeting Packet 09-27-12 -  
AGENDA REGULAR MEETING PACKET
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 27, 2012

Mprwa Regular Meeting Minutes 09-27-12

DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 27, 2012

Sunday, September 23, 2012

SOLUTION TO THE ‘FLANDERS CONUNDRUM:’ Request for Proposals for the Curatorship of the Flanders Mansion, Mission Trail Nature Preserve

In the meantime, Burnett said he remains open to any solution to the Flanders conundrum that involves getting the house occupied by a family and divesting the city of the financial burden it presents.

… if someone comes forward with an offer for some other sort of arrangement that is a good financial deal for the city and puts this in the hands of a single family, I would of course bring that to council.”

“And legally, we have to bring it to council if we receive an offer.”


Source: Next vote on Flanders delayed another year, MARY SCHLEY, The Carmel Pine Cone, September 21, 2012

Accordingly, Mayor Jason Burnett and City Council Members Victoria Beach, Steve Hillyard, Ken Talmage and Carrie Theis should convene to discuss a model Resident Curatorship Program, namely the Maryland Resident Curatorship Program, which offers “Curators the right to lifetime tenancy in an historic property in exchange for restoring it, maintaining it in good condition, and periodically sharing it with the public” in the context of the Flanders Mansion Property. 

BACKGROUND: The State of Maryland’s Resident Curatorship Program (“pioneered” in 1982) provides information for interested parties concerning the application process. Specifically, a Request for Proposals for the Curatorship of a Historic Residence, includes sections entitled PURPOSE, PREPARING PROPOSALS (Cover Letter, Resume, Financial Disclosure Statement, Schedule of Restoration), WHAT ARE HISTORIC PRESERVATON STANDARDS? The Secretary of Interior’s Standards for Rehabilitation, SUBMITTING PROPOSALS, Resident-Curatorship Program FREQUENTLY ASKED QUESTIONS and HISTORIC RESIDENCE & PROPERY Description and History. As an example, the Request for Proposals for the Curatorship of The Grove Farm, Grove Farm Wildlife Management Area, Earleville, Cecil County, Maryland, is embedded below.  Personal Financial Statement and Curatorship Agreement (Sample) are also embedded below.

Request for Proposals (RFP) for the Curatorship of The Grove Farm, Grove Farm Wildlife Management Area, Earleville, Cecil County, Maryland

Personal Financial Statement

CURATORSHIP AGREEMENT (SAMPLE)

In addition, The Maryland Resident Curatorship Program has Selection Procedures and Criteria. Specifically, the review panel’s selection is made after carefully assessing and ranking each applicant’s proposal, based on the following criteria:
  • Detailed written description of the planned renovations and the cost estimate (Schedule of Restoration).
  • Financial ability to complete the proposed work.
  • Experience of the curator(s) or their contractor with historic preservation, as detailed in the resume.
  • The appropriateness of the restoration plan and its adherence to historic preservation standards.
  • How well the proposal or the proposed use of the facility fits into the mission of the park and of DNR.
CONCLUSION 
Since “The highest priority is to move this to a single-family residence and to do so quickly,” according to Mayor Jason Burnett, the most straightforward path is for the City to issue a Request for Proposals for the Curatorship of the Flanders Mansion, Mission Trail Nature Preserve, especially given the fact that an interested party contacted then-Councilman Burnett stating that they were “ready to prepare a proposal to restore and maintain the property under such a curatorship arrangement” in January 2012. To which then-Councilman Burnett responded: “I don't think an unsolicited proposal would be helpful right now while we are in the process of seeking reconsideration. Let's talk after that has been decided.

Wednesday, September 19, 2012

CITY OF PACIFIC GROVE CITY COUNCIL: Agreement for the Development of Small Water Projects Independent of Efforts with Moss Landing Commercial Ventures to Develop a Proposal for the Peoples Desal Project & Water Authority to Develop a Cal-Am Project Governance Proposal

ABSTRACT: Today, Wednesday, September 19, 2012, the City of Pacific Grove City Council is scheduled to consider 15. NEW BUSINESS B. Agreement for the Development of Small Water Projects. City Manager Thomas Frutchey’s RECOMMENDATION: Approve a resolution authorizing the City Manager to enter into an agreement with James Brezack and Associates for the development of one or more small water project proposals in response to the request by Administrative Law Judge Gary Weatherford on behalf of the California Public Utilities Commission. Under DISCUSSION, it is noteworthy that “This effort is entirely independent of our joint effort with Moss Landing Commercial Ventures to develop a proposal for the Peoples Desal Project, as well as our joint effort with the other cities in the Water Authority to develop a Cal-Am project governance proposal, both of which we will also be submitting to Cal-Am by October 1.” The relevant section of the AGENDA is reproduced; the AGENDA REPORT, including ATTACHMENTS (Selected pages from Judge Weatherford’s Directives and Ruling on 8/29/12, Resolution and Proposed Agreement), is embedded.

NOTICE OF MEETING 
CITY OF PACIFIC GROVE 
CITY COUNCIL 
Wednesday, September 19, 2012 
Special Meeting Begins at 5:00 P.M. Regular Meeting Begins at 6:00 P.M. 
Council Chambers – City Hall – 300 Forest Avenue, Pacific Grove, CA 

REGULAR MEETING AGENDA 
6:00 p.m.
CALL TO ORDER


REGULAR AGENDA

15. NEW BUSINESS


B. Agreement for the Development of Small Water Projects
Reference: Thomas Frutchey, City Manager
Recommended Action: Approve a resolution authorizing the City Manager to enter into an agreement with James Brezack and Associates for the development of one or more small water project proposals in response to the request by Administrative Law Judge Gary Weatherford on behalf of the California Public Utilities Commission.
AGENDA REPORT
SUBJECT: Agreement for the Development of Small Water Projects

ADDENDUM:

DRAFT ACTION MINUTES 
CITY OF PACIFIC GROVE 
CITY COUNCIL 
SPECIAL AND REGULAR MEETING AGENDAS 
Wednesday, July 18, 2012 
Council Chambers – City Hall – 300 Forest Avenue, Pacific Grove, CA

REGULAR MEETING AGENDA

The City Council convened the regular meeting at 6:00 p.m.

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

14. UNFINISHED BUSINESS

D. Agreement initiating a relationship with Nader Agha and Moss Landing Commercial Park, LLC (LMCP) to develop a desalinated water project able to meet the needs of Pacific Grove and the Monterey Peninsula

Councilmember(s) Huitt announced his ex-parte communications with the proponent.

The following audience members spoke on the proposal: Support: Pau. Hart, Mr. Agha’s representative on behalf of proponent; Michelle Jackson; Richard Stillwell; Bill Hood; Ron Wiseman, Water Plus; Harvey Billick, Water Plus. Oppose: Phillip Morgan; Nelson Vega; Steve Gorman; Ida Barber; Robin Tokmakian; Donald Murphy; Sue McCloud.

Upon motion by Councilmember Fischer and second by Councilmember Miller, the City Council voted to approve the Formation Agreement with Nader Agha/Moss Landing Commercial Park, LLC and the City of Pacific Grove.
AYES: Mayor Garcia, Councilmembers Cohen, Cuneo, Fischer, and Miller. 
NOES: Councilmembers Huitt and Kampe

E. Consideration of the City’s Continued Membership in the Monterey Peninsula Regional Water Authority

The following audience members spoke regarding continued membership:
Support: Sue McCloud, former Carmel Mayor; Del Rey Oaks Mayor Edelen.
Oppose: Ron Wiseman, Water Plus; Nelson Vega.

Upon motion by Councilmember Fisher and second by Councilmember Miller, the City Council voted unanimously to continue membership in the Water JPA.

Tuesday, September 18, 2012

‘MINUTES’ for Six Noteworthy 11 September 2012 City Council Agenda Items

“MINUTES” 
CITY COUNCIL MEETING 
CITY OF CARMEL-BY-THE-SEA 
Tuesday, September 11, 2012 

City Hall 
East side of Monte Verde Street between Ocean and Seventh Avenues 



II. Roll Call

PRESENT: Council Members Beach, Hillyard, Talmage, Theis and Mayor Burnett
ABSENT: None
STAFF PRESENT (partial list): Jason Stilwell, City Administrator
Heidi Burch, Assistant City Administrator/City Clerk
Don Freeman, City Attorney

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

A. Announcements from Closed Session.

Public Employee Performance Evaluation - Government Code Section 54957. Title: City Engineer.

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

City Attorney Don Freeman announced there were no announcements from closed session held on Monday, September 10, 2012.

B. Announcements from City Council members (Council members may ask a question for clarification, make an announcement or report on his or her activities).

1. Status of Water Replacement Project.

Mayor Burnett gave an update.  The Administrative Law Judge, California Public Utilities Commission (PUC), issued a revised timeline for the PUC process including the deadline date of October 1 for public agencies to provide proposals regarding public agency participation.  He stated that he has been working with Monterey Mayor Chuck Della Salla (Ad Hoc Committee) on issues of governance, finance and ownership.  That morning he stated he participated in a 4 ½ hours meeting with Cal-Am’s team to determine what are the most important decisions regarding public agency involvement.  Regarding governance, the Water Authority developed a Draft Framework regarding some decisions made by public agency, other decisions joint decisions and Cal-Am decisions.  Regarding finance for Cal-Am’s Water Supply Project, there are three sources of capital including short-term corporate debt, surcharge on water bills prior to project online, debt from State revolving fund and Cal-Am’s equity.  Regarding ownership, Water Authority regards it as a means, but not necessarily an end in itself; details to be decided. There is a Water Authority meeting on Wednesday, September 12, 2012 in Monterey.  The Water Authority has contracted with two consultants to do a technical review and permitting review on the three projects, namely DeepWater Desal, the Peoples’ Desal and Cal-Am Water Supply Project. And the Water Authority has not taken a position on the three proposed water projects.

VII. Consent Calendar

E. Consideration of a Resolution awarding a bid to Ambrosia Construction for the Beach Boardwalk and Platform Installation Project in an amount not to exceed $74,430 and approving up to $10,000 for engineering and inspection services and survey and soil compacting testing during construction.

F. Consideration of a Resolution awarding the bid to Ambrosia Construction for the San Antonio Trail Installation Project in an amount not to exceed $62,677 and approving up to $10,000 for engineering and inspection services and survey and soil compacting testing during construction.

K. Receive and accept the agenda forecast.

Jason Stilwell, City Administrator, reviewed Items E & F. Both projects are grant funded projects as part of the City’s Del Mar Master Plan. The Projects are expected to start as soon as possible and completion is expected in approximately two months.

Mayor Burnett opened and closed the meeting to public comment.

Council Member TALMAGE moved to approve Consent Agendas Items E, F and K with other items, seconded by Council Member BEACH and carried by a vote of 5-0.

VIII. Orders of Council 

A. Discussion of certain refinancing and refunding options for the City’s CalPERS Retirement Side Fund.

Mayor Jason Burnett recused himself due to his business relationship with Mr. Hill. Vice Mayor Talmage asked for the Staff Report. City Administrator Stilwell reviewed Side Fund Debt history. Council Member Talmage stated that the Council should consider four issues and provide direction on four items:
  1. Authorize City Administrator to contact CalPERS for an accounting
  2. Debate and decide about level schedule of payments
  3. Give direction on private placement or public offering
  4. If public offering, selection of the underwriter, and recommendation by Bill Sharpe.
Craig Hill, NHA Advisors, presented his Power Point Presentation. 

DISCUSSION POINTS
  • Pension Side-Fund Fundamentals
  • Prior Council Discussion/Validation Action
  • Financing Strategies
  • Preliminary Analysis
  • Recommendation
  • Schedule/Next Steps

PENSION SIDE-FUND FUNDAMENTALS
  • Created in 2003 by CalPERS to address risk pools for small public agencies
  • Side-Fund amount, amortization and actuarial investment rate faced at time of implementation
  • Annual Side-Fund payments increase over time

EXISTING PENSION OBLIGATIONS
  • Public Safety Side-Fund
  • $3,376,278 Liability as of June 30, 2012 Report
  • Current Contribution - $235,000
  • Final Payoff Date – FY 2033/34
  • Miscellaneous Side-Fund
  • $2,750,158 Liability as of June 30, 2012 Report
  • Current Contribution - $315,000
  • Final Payoff Date – FY 2022/23

PRIOR COUNCIL DISCUSSION/VALIDATION ACTION
  • No Legal Challenge
  • Anticipated Completion Date Mid-October 2012

PRIOR ACTION/DISCUSSION
  • Carmel CalPERS Pension committee Report (October 2011)
  • Side-Fund Refinancing or Redemption Identified as Key Project (January 2012)
  • Conceptual Pension Obligation Bond Discussion (July 2012)
  • Approved Validation Action/Process (July 2012)

PENSION OBLIGATION BOND ACTIONS
  • Council approval for Validation Action
  • POBs are payable from the General Fund on the legal theory that they are “obligations imposed by law” under the California Constitution.
  • All POBs are reviewed by the Superior Court to validate the Bonds under this legal theory
  • Judicial validation is a time-honored process under specific legal procedural provision
  • Process takes 90-120 days to complete
  • Bond Counsel will represent the Cit in the Validation Process working with the City Attorney.

 FINANCING STRATEGIES
  • Objectives
  • Take advantage of lower interest rates
  • Restructure pension obligations for level payments
  • Amortization will be based on success of sales tax initiative
  • Financing Approach
  • Develop financing program for approved prior to November election
  • Proceed after November election results are available

PENSION OBLIGATION BOND STRUCTURE
  • Bond Replaces Side-Fund payments
  • Pension Obligation Bond Can be Sold to:
  • Private Placement Provider-Bank or Financial Institution
  • Investment Bank/Underwriter-Investors (individuals, money managers, funds) purchase bonds through underwriter
  • Best Option Depends on:
  • Market rates
  • Term of bond

PENSION OBLIGATION BOND CONSIDERATIONS
  • Private Placement Provider will purchase entire bond and not require public rating or official statement/offering memorandum
  • Public Offering (through underwriter) will require public rating and official statement for investor review
  • Differential in transaction costs - $35,000 -$40,000
  • Relatively low compared to interest savings over term of financing

PRELIMINARY ANALYSIS
Graphs: Safety Side-Fund POB Payment Schedule (Original Term & 10-Year Amortization) and Miscellaneous Side-Fund POB Payment Schedule (Original Term & 10-Year Amortization)

RECOMMENDATION
  • Direct City Staff and consultants to develop POB documents for October approval
  • Prepare for POB sale in mid-November
  • Draft POB documents for public offering
  • Begin public rating process
  • Begin underwriter selection process

SCHEDULE/NEXT STEPS
  • September City Council Meeting – Direct Staff on POB
  • September – Request Side-Fund Payoff Amount from CalPERS
  • October City Council Meeting – Approve POB Financing Documents
  • October – Validation Action Complete Rating Process, Underwriter Selection
  • November 6 – Sale Tax Election
  • Mid-November – Set Interest Rates Based on 10-Year Term (if Sales Tax Measure Passes) or 22-Year Term
  • December – Close POB, Fund CalPERS Side-Fund Obligation

 Vice Mayor Talmage opened the meeting to public comment.

Monte Miller and Ron Kabat, CPA, addressed the Council.

Vice Mayor Talmage closed the meeting to public comment.

Council Member Talmage stated that the Council should consider four issues and provide direction on four items.  With regard to authorizing the city administrator to contact CalPERS for an accounting, by consensus the Council authorized the city administrator to contact CalPERs for a specific payoff value.  With regard to a level schedule of payments, Council Member Talmage stated that if Sales Tax Initiative passes, then flat 10-year term, or if Measure fails, then a flat blended term (11-year term and 22-year term) of 16-year or 17-year terms.  By consensus, the Council decided on a level schedule of payments.  Council requested the consultant determine the lowest payment for a 30-year term.  With regard to private placement versus public offering, Council Member Talmage advocated for a public offering.  By consensus, the Council decided on pursuing a public offering.  With regard to the selection of an underwriter for a public offering, upon advice of the consultant, Council Member Talmage recommended asking the city administrator to issue an RFQ to firms.  And he stated the criteria used to select a firm should be based on expertise, experience and lowest rate.  Council Member Beach summarized her view that Council decisions will be based on upcoming vote, not the timing of the market.  Council Member Talmage agreed that the Council decision will be based on the outcome of the Sales Tax Initiative.  Consultant stated that he will provide background analysis including sensitivity analysis with matrix based on different terms.  

Sunday, September 16, 2012

Board of Directors, Monterey Peninsula Water Management District, Meeting, September 17, 2012: ACTION ITEM 15. Discuss & Recommend District Position on Cal-Am Application Regarding Governance, Ownership & Finance

UPDATE: Your Town: The Monterey County Herald, 09/18/2012
The Monterey Peninsula Water Management District board has approved a public governance proposal aimed at providing oversight for California American Water's proposed desalination plant in north Marina.

ABSTRACT: The Board of Directors, Monterey Peninsula Water Management District, is scheduled to consider ACTION ITEM 15. Discuss and Recommend District Position on Cal-Am Application Regarding Governance, Ownership and Finance at their Regular Meeting beginning at 7:00 P.M. on Monday, September 17, 2012. Relevant sections of the AGENDA are reproduced with a link to the complete AGENDA. The revised staff report as of 09/13/12 and EXHIBIT 15-A Monterey Peninsula Water Supply Project A.12-04-019 Evaluation of Financing Alternatives are embedded.

Regular Meeting 
Board of Directors 
Monterey Peninsula Water Management District 

****************** 

Monday, September 17, 2012 
Conference Room, Monterey Peninsula Water Management District 
5 Harris Court, Bldg. G, Monterey, CA 

6:00 PM – Closed Session 

7:00 PM – Regular Board Meeting

Board of Directors 
David Potter, Chair – Monterey County 
Board of Supervisors 
David Pendergrass, Vice Chair – Mayoral Representative 
Brenda Lewis – Division 1 
Judi Lehman – Division 2 
Kristi Markey – Division 3 
Jeanne Byrne – Division 4 
Robert S. Brower, Sr. – Division 5 

General Manager 
David J. Stoldt 


7 PM – Regular Board Meeting

Live webcast at www.ampmedia.org on the Monterey Channel Live


CALL TO ORDER/ROLL CALL

ACTION ITEMS -- Public comment will be received on each of these items. Please limit your comment to three (3) minutes per item.

Revised staff report as of 9/13/2012

Action: The Board will discuss and approve concepts for inclusion in testimony for this CPUC filing
REVISED as of 9/13/2012

Monterey Peninsula Water Supply Project
A.12-04-019
Evaluation of Financing Alternatives

ADDENDUM:
Original Staff Report 
DISCUSS AND RECOMMEND DISTRICT POSITION ON CAL-AM APPLICATION RE: GOVERNANCE, OWNERSHIP, AND FINANCE

Friday, September 14, 2012

TECHNICAL ADVISORY COMMITTEE (TAC) REGULAR MEETING OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA & MINUTES September 17, 2012

RELATED NEWS ARTICLE: Consultant recommends environmental review of all three desal proposals Consultant sees problems, potential in all, JIM JOHNSON Herald Staff Writer, 09/17/2012

Excerpts Highlights:
A consultant has recommended the Monterey Peninsula Regional Water Authority use its influence to urge state officials to conduct a parallel environmental review of competing seawater desalination proposals, rather than focusing only on California American Water's preferred project. (Cal Am's north Marina desal plant, Nader Agha's People's Project, and Brent Constantz's Deep Water Desal)

He (Independent water resources consultant Kris Helm) said the CPUC is preparing a notice of intent and is expected to conduct environmental review scoping hearings in the next few weeks.
MPRWA TAC Agenda Packet 09-17-12
AGENDA PACKET
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 17, 2012
(including ITEM Preliminary Scoping and Constraints Evaluation Memorandum from SPI)


DRAFT MINUTES REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 17, 2012

Flanders Foundation Hosts ‘NATURE & HISTORICAL WALK:’ DISCOVER FLANDERS MANSION, MISSION TRAIL NATURE PRESERVE

WHO: Melanie Billig, President, Flanders Foundation & Joyce Stevens, Local Environmentalist

WHAT: Free “Nature & Historical Walk,” Mission Trail Nature Preserve, including a discussion about the Park, Flanders Mansion and the Lester Rowntree Native Plant Garden.

WHEN: Saturday, September 15, 2012 10:30 A.M. – 1:00 P.M.

WHERE: Mission Trail Nature Preserve; Walk begins at the entrance to Mission Trail Nature Preserve on Rio Road, across from the Carmel Mission (parking available on Rio Road).

HOW: Reservations required; please call (831) 626-3826

NOTES: Complimentary cold drinks provided; please bring a brown bag lunch.

ADDENDUM:
HISTORY OF MISSION TRAIL NATURE PRESERVE, FLANDERS MANSION AND THE LESTER ROWNTREE GARDEN

PHOTO GALLERY

THE HISTORY OF FLANDERS FOUNDATION

Wednesday, September 12, 2012

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA REGULAR MEETING CANCELLATION NOTICE September 13, 2012

Mprwa Cancellation Notice 09-13-12
AGENDA CANCELLATION NOTICE
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 13, 2012

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA SPECIAL MEETING & MINUTES September 12, 2012

RELATED NEWS ARTICLE: Public oversight proposal for Cal Am water supply projectclears first hurdle, JIM JOHNSON Herald Staff Writer, 09/13/2012

Excerpts Highlights:
"By a unanimous vote, the authority board adopted the public governance committee concept Wednesday night, and directed attorney Russ McGlothlin to send letters to the state Public Utilities Commission and Cal Am regarding the proposal, according to authority board chairman Chuck Della Sala."
"The authority's public governance proposal calls for a three-person committee designed to include members from the authority, the Monterey Peninsula Water Management District, and the county with varying degrees of influence over virtually every aspect of the Cal Am project. It would be charged with helping coordinate everything from the design, permitting and construction of the plant to its operations and maintenance."
"The adhoc subcommittee fashioned the proposal in private meetings that included officials from Cal Am and the water management district, whose board will consider the proposal on Monday."
"County supervisors, who just agreed to join the authority on Tuesday and contribute to its budget months after being invited, have not yet set a date to consider the proposal."



AGENDA PACKET
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 12, 2012
Consider Qualitative Risk Evaluation (Discussion)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY
September 12, 2012



MPRWA Special Meeting DRAFT Minutes 09-12-12 -
DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
September 12, 2012

Monday, September 10, 2012

'RESOLVE & REMEMBRANCE' - Carmel 911 Memorial: First Memorial Service

RELATED NEWS ARTICLE: Locals share 9/11 memories at Carmel ceremony Relic dedicated in Carmel, KEVIN HOWE Herald Staff Writer, 09/11/2012


“RESOLVE & REMEMBRANCE” Carmel 9-11 Memorial “steel” on display in Harrison Memorial Library until placed permanently in Devendorf Park on September 11, 2013.

ABSTRACT: The first Carmel-by-the-Sea September 11th "RESOLVE & REMEMBRANCE" Memorial Service with the World Trade Center steel is scheduled for Tuesday, September 11, 2012, 8:30 A.M. – 10:00 A.M., Devendorf Park, Carmel-by-the-Sea. For more information on the memorial, contests, events and fund raising, call CarrieAnn at 831-224-2246 or email CarrieAnn@carmel911memorial.us, or write Carmel 911 Memorial P.O. Box 6599 Carmel, CA. 93921.  "RESOLVE & REMEMBRANCE" - Carmel 911 Memorial video is embedded and links to more information is provided.

"RESOLVE & REMEMBRANCE" - Carmel 911 Memorial

Carmel’s Steel Journey


By Jerry Gervase  /   August 27, 2012  / Monterey Bay News & Views

By Jerry Gervase  /   April 11, 2012 /Monterey Bay News & Views

Sunday, September 09, 2012

Sixth Annual Carmel Authors and Ideas Festival 2012

UPDATE:  Carmel Authors & Ideas Festival still attracts top names as it hits five-year mark, MARCOS CABRERA Herald Staff Writer, 09/24/2012

ABSTRACT: Thirty authors and participants in the Sixth Annual Carmel Authors and Ideas Festival are featured with links to their respective websites and videos. An ADDENDUM provides links for SCHEDULE OF EVENTS, TICKETS and CONTACT INFORMATION.


Friday, September 28 - Sunday, September 30, 2012



David Brooks, author of "The Social Animal".
DAVID BROOKS, Political & Cultural Commentator, The New York Times
David Brooks on facebook 



Leading@Google: Chip Conley
CHIP CONLEYAuthor and Joie de Vivre Founder



Cruise Insider Special Edition: Regent Seven Seas Cruises
MARK CONROYPresident, Regent Seven Seas Cruises



TEDxSanJoaquin - Pam Eibeck - The Role of Universities in Community Development
PAMELA A. EIBECK PhDPresident, University of the Pacific



Sir Harold Evans: Innovation
SIR HAROLD EVANSFormer Editor of the Sunday Times & Writer of Best Selling Histories



TEDxSF - Dr. Alex Filippenko - Dark Energy and the Runaway Universe
ALEX FILIPPENKO PhD, Professor of Astronomy and the Richard and Rhoda Goldman Distinguished Professor in the Physical Sciences at the University of California, Berkeley



Kathy Freston for Farm Sanctuary
KATHY FRESTONNew York Times best-selling author with a concentration on healthy living and conscious eating



TEDxStanford - Esther Gokhale - Find your primal posture and sit without back pain
ESTHER GOKHALEFounder Esther Gokhale Wellness Center- Gokhale Method – a systematic process of restoring pain-free posture and movement



TEDxToronto – Dr. Brian Goldman –Redefining the Practice of Medicine
BRIAN GOLDMAN, M.D.Host of the CBC show White Coat, Black Art



Mike Greensill and Noel Jewkes - If Dreams Come True.m4v
MIKE GREENSILL, Jazz Pianist


ROBERT C. GREGGProfessor of Religious Studies and, by courtesy, Classics (Emeritus), Stanford University



Richard Haass on Leadership
RICHARD HAASS, PhDPresident, Council on Foreign Relations



National Geographic Live!: Pico Iyer: A Portable Life
PICO IYER Essayist & Novelist



Scott James (Kemble Scott) » Introducing Numina Press.m4v
SCOTT JAMES, Journalist, Columnist & Fiction Writer



National Geographic - In search of Human Origins with Donald C. Johanson. Pt1


National Geographic - In search of Human Origins with Donald C. Johanson. Pt2


National Geographic - In search of Human Origins with Donald C. Johanson. Pt3
DONALD C JOHANSON, Paleoanthropologist, Director of the Institute of Human Origins at Arizona State University, Tempe, Arizona.



Science at Cal - Homayoon Kazerooni - Exoskeleton Systems
HOMAYOON KAZEROONI PhDProfessor of Mechanical Engineering, University of California at Berkeley
Berkeley Robotics & Human Engineering Laboratory



Authors at Google: Adam Lashinsky, "Inside Apple"
ADAM LASHINSKY, Senior Editor At Large, Fortune 



Sheldon Laube Extended Version
SHELDON LAUBE,  Chief Innovation Officer, PricewaterhouseCoopers Center for Advanced Research (CAR)



Michael David Lukas, The Oracle of Stamboul, One Book One Marin
MICHAEL DAVID LUKAS, Novelist



TEDxStanford - Martha Muña - When philanthropy works
MARTHA MUÑA, National Student Director of KaeMe Foundation, a non-profit that works with Ghana's Department of Social Welfare



Peter Norvig: The 100,000-student classroom
PETER NORVIG, Director of Research Google Inc. 
Fellow of the American Association for Artificial Intelligence and the Association for Computing Machinery



TEDxMonterey - Ramon Resa - Personal Empowerment & Resilience in the Face of Obstacle
RAMON RESA M.D., Speaker, Author, Pediatrician



Peter Ricchiuti: Finance Expert, University Professor, Humorous Speaker
PETER RICCHIUTI (Ri-Shooty), Professor of Finance, Freeman School of Business at Tulane University



Tina Seelig: "InGenius", Authors at Google
TINA SEELIG, Executive Director, Stanford Technology Ventures Program, Stanford University




Harley Shaiken Quotes
HARLEY SHAIKENProfessor, Language and Literacy, Society and Culture, University of California, Berkeley, Graduate School of Education



Kathryn Stockett on Novel's Success
KATHRYN STOCKETT, Novelist



Captain Sully Talks About Landing on the Hudson River
CHESLEY B. “SULLY” SULLENBERGER, III, CAPTAIN, US AIRWAYS (Retired)
Aviation safety expert and accident investigator, CBS News Aviation and Safety Expert, Founder and Chief Executive Officer of Safety Reliability Methods, Inc.



Dr. Brian Swimme: Journey of the Universe
BRIAN THOMAS SWIMME, PhDDirector of the Center for the Story of the Universe and a Professor at the California Institute of Integral Studies



100 Story Project - Taelen Thomas as Jack London
TAELEN THOMAS, Entertainer, Orator, Actor, Poet and Teacher



Damian Woetzel and Yo-Yo Ma - US China Forum on the Arts and Culture
DAMIAN WOETZEL, Director of the Aspen Institute Arts Program and Harman-Eisner Artist-in-Residence Program

ADDENDUM:
SCHEDULE OF EVENTS

TICKETS

CONTACT INFORMATION:
Phone: (831) 626-6243
e-mail: info@carmelauthors.com