Proceeding Number A.12-04-019 COMPLIANCE FILING PROVIDING RESPONSES TO ADMINISTRATIVE LAW JUDGE’S RULING SETTING FORTH QUESTIONS TO BE ADDRESSED

ABSTRACT: Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, ADMINISTRATIVE LAW JUDGE’S RULING SETTING FORTH QUESTIONS TO BE ADDRESSED AT THE HEARINGS ON PROPOSED SETTLEMENT AGREEMENTS document, including Attachment 1 and Attachment 2, is embedded. 

Compliance Filing Providing Responses to Aljs Ruling Setting Forth Questons to Be Addressed 11-19-13 Filing Date 11-19-13
COMPLIANCE FILING PROVIDING RESPONSES TO ADMINISTRATIVE LAW JUDGE’S RULING SETTING FORTH QUESTIONSTO BE ADDRESSED

Attachment 1 11-19-13

Filing Date 11-19-13

Attachment 1

Attachment 2 11-19-13

Filing Date 11-19-13
Attachment 2

Clint Eastwood and Margaret Eastwood Trust License 13868 (Application 30497B): Petition for Change, Split License 13969 into Two Rights-One Right Dedicated to Fish & Wildlife Enhancement & Second Right for Municipal and Irrigation Purposes

ABSTRACT: On Tuesday, December 24, 2013, the Eastwood Trust filed a petition with the State Water Resources Control Board that would allow California American Water to use Carmel River groundwater from the trust's 82-acre Odello East property for its Peninsula customers. “An agreement between the Eastwood Trust and Cal Am called for the formation of a new corporation to enter into "subscription agreements" with Carmel-area property owners for use of the river groundwater, and for the Monterey Peninsula Water Management District to issue use permits for the property owners,” according to reporting in The Monterey County Herald. HIGHLIGHT EXCERPTS are presented; Petitioner information regarding Clint Eastwood and Margaret Eastwood Trust License 13868 (Application 30497B), including documents Notice, Petition, Environmental From, Draft License 13868A and Draft License 13868B and Procedures for Protesting and Protest Forms are embedded. 

Eastwood files petition to give Cal Am access to water
Trust files petition to give Cal Am access on Odello property
By JIM JOHNSON Herald Staff Writer, 12/27/2013

HIGHLIGHT EXCERPTS:
On Tuesday, the Eastwood Trust filed a petition with the state Water Resources Control Board that would allow California American Water to use Carmel River groundwater from the trust's 82-acre Odello East property for its Peninsula customers.
An agreement between the Eastwood Trust and Cal Am called for the formation of a new corporation to enter into "subscription agreements" with Carmel-area property owners for use of the river groundwater, and for the Monterey Peninsula Water Management District to issue use permits for the property owners.
Cal Am would not pay the corporation for the water, but property owners would, according to the agreement.
Any protests to the petition must be filed with the state water board's Division of Water Rights by 4:30 p.m. Jan. 23.
Information on the proposal and how to submit a petition can be found at http://bit.ly/1bugItD. For other questions, contact Katherine Mrowka at 916-341-5363 or Kathy.mrowka@waterboards.ca.gov.

Petitioner

Clint Eastwood and Margaret Eastwood Trust
License 13868 (Application 30497B)

Notice | Petition | Environmental Form | Draft License 13868A | Draft License 13868B

Petition Notice Date: 12/24/2013

County:  Monterey

Eastwood Trust APPLICATION 30497B Notice

NOTICE OF PETITION FOR CHANGE FOR LICENSE 13868 (APPLICATION 30497B)

Eastwood Trust APPLICATION 030497B Petition

PETITION FOR CHANGE

Eastwood Trust APPLICATION 030497B Petition Environmental Form

ENVIRONMENTAL INFORMATION FOR PETITIONS

Eastwood Trust draft license 13868A.pdf RIGHT TO DIVERT AND USE WATER

Eastwood Trust draft license 13868B.pdf

RIGHT TO DIVERT AND USE WATER

Eastwood Trust Protest Submittal Info

 PROTEST SUBMITTAL INFORMATION

Eastwood Trust Petition Protest Form

PROTEST–PETITION

Former Building Official John Hanson’s ‘Wrongful Termination’ Claim against the City of Carmel-by-the-Sea

RELATED NEWS ARTICLE:
Fired building official files claim against city
By MARY SCHLEY Published: December 20, 2013
HIGHLIGHT EXCERPTS:
During the months leading up to his firing, according to his claim, “the city undercut Mr. Hanson, interfered with his performance of his duties and misrepresented his work.” He said top city administrators, namely Stilwell and Paul, interfered with his duties, “sometimes without conferring with, or even informing” him, unduly criticized him about his job performance, took contradictory and inconsistent positions, and discriminated against him “based on age, medical condition/disability and status as an active duty member of the military.”
“City officials, including one or more elected officials, then began an effort to vilify and discredit Mr. Hanson, describing him in ways that the average listener knew his identity, and then declaring him unfit for his employment, all the while leaking confidential personnel information,” according to his claim.
Administrators violated his rights under the California and U.S. constitutions, and state and federal laws, as well as local law, by putting him on leave without cause or notice, preventing him from doing his job, not allowing him to be heard and unfairly interrogating him, Hanson said.
“The actions of the city to arbitrarily suspend or fire employees during the past year had a disparate impact upon older workers, and the city’s tactics were intended to, and did, abuse the processes of involuntary leave and summary terminations in order to scare and intimidate employees of the city, prevent them from testifying about what they have seen and learned, and force them from their employment for money-saving reasons that cause harm to the employees,” according to his claim.

ABSTRACT: On Tuesday, December 17, 2013, attorney Michael Stamp filed a claim against the City of Carmel-by-the-Sea on behalf of his client, former Building Official John Hanson. As reported in the news article entitled “Another claim against Carmel,” By LARRY PARSONS Herald Staff Writer, 12-18-2013, “on August 5, Hanson was asked to come to the police station where he was told he was terminated immediately. "City officials, including one or more elected officials, then began an effort to vilify and discredit Mr. Hanson," the claims says. The claim contends the actions against Hanson "constitute a continuing course of actions ... of involuntary leave and summary terminations in order to scare and intimidate employees of the city." HIGHLIGHT EXCERPTS are presented. 

HIGHLIGHT EXCERPTS:
A second claim has been filed alleging wrongdoing by the city of Carmel by a longtime employee, who is among several city workers who were either suspended or lost their jobs this year.

Former city building official John Hanson accuses the city of wrongful termination in his August firing.

Among the allegations in Hanson's claim are that:

· The city discriminated against him by not accommodating a medical disability (post-traumatic stress disorder).

· Discriminated against him for his military employment in violation of military leave laws.

· Fired him in retaliation for his previous actions as a witness in a sexual harassment suit against Carmel.

Source: Another claim against Carmel
By LARRY PARSONS Herald Staff Writer, 12/18/2013

IT Manager Steve McInchak’s Claim against the City of Carmel-by-the-Sea Alleges Eleven Violations of Federal, State and Local Laws

ABSTRACT: On Wednesday, December 4, 2013, the City of Carmel-by-the-Sea was served with IT Manager Steve McInchak’s claim against the City, according to Steve McInchak’s attorney Michelle Welsh as reported in the Carmel Pine Cone news article entitled “McInchak files claim against city, alleges defamation and discrimination,” by MARY SCHLEY, Published December 13, 2013. The complaint identifies the responsible officials as city administrator Jason Stilwell, Susan Paul, Mayor Jason Burnett, and “other agents … whose identities are unknown at this time.”  In his claim, McInchak accuses city officials of eleven violations of federal, state and local laws:
- He was placed on involuntary leave without good cause or notice.
- Agents of the city entered his house “without necessity, notice or consent, and over claimant’s objections.”

- City officials ordered that he “attend and answer questions in an investigative interview, under threat of termination for insubordination for failure to attend and answer, after publicly stating that the city’s investigation of alleged criminal conduct remains pending,” violating his right against self-
incrimination.
“With criminal charges, they say, still being investigated, he was directed to appear and answer questions in violation of his Fifth Amendment rights,” Welsh told The Pine Cone. “Any criminal defense lawyer will advise the client not to speak, for fear of waiving those rights, and as a city employee, you are ordered to talk. If you don’t attend and answer the questions, you can be fired for insubordination.”
- The city attempted to change his status as a permanent employee “by requiring a contract which is vague, ambiguous, incomplete and lacking consideration … and by impugning claimant’s reputation and his standing in the community.”
- Officials defamed him by publishing “false, unprivileged and defamatory statements” charging him with a crime, and by making statements that exposed McInchak to “hatred, contempt, ridicule or obloquy.
- They intentionally and negligently inflicted emotional distress upon him “by engaging in the outrageous conduct” described in the claim.
- The city officials “stepped out of their proper roles as employer, and their conduct fell outside of the normal employment relationship.”
- They deprived him of his livelihood and employment by placing him on leave without cause or notice.
- City officials discriminated against him because of his age.
-And they engaged in “arbitrary and capricious conduct” and “intentional unlawful conduct,” violating state and federal constitutions and laws.
The City has 45 days to respond, and as McInchak’s attorney Michelle Welsh stated, “You can’t sue until it’s filed and denied.”  

REFERENCES:
Department of Fair Employment and Housing

EMPLOYMENT FLOWCHART

U.S. Equal Employment Opportunity Commission

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT CANCELLATION NOTICE December 19, 2013

Governance Committee Cancellation Notice 12-19-13CANCELLATION NOTICE

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
December 19, 2013

CDM Constructors, Inc.: Cal Am’s Choice to Design & Build Desalination Plant

ABSTRACT: On Friday, December 6, 2013, Cal Am officials announced that CDM Constructors, Inc., a subsidiary of CDM Smith, is its recommended choice to design and build the desalination plant for its Monterey Peninsula Water Supply Project. Facts about CDM Smith are presented. Links to more information from California American Water Company and The Monterey County Herald are presented with HIGHLIGHT EXCERPTS. 

Facts about CDM Smith
CDM Smith provides lasting and integrated solutions in water, environment, transportation, energy and facilities to public and private clients worldwide.

Established - 1947 as a partnership; incorporated in 1970.
Size - More than 5,000 employees working from offices worldwide.
Ownership - CDM Smith is employee owned, instilling pride in our work and allowing us the freedom and independence to put our clients first.
Executive Team

Hold the Salt

Innovative Seawater Desalination in California

CDM Smith has been at the forefront of making seawater desalination a viable and sustainable option in California. The city of Sand City selected the firm to design-build a 0.6-million-gallon-per-day (mgd) desalination plant. With the first full-scale desalination plant in California to receive permitting approval under new regulations—and the only municipal seawater desalination project that operates continuously—Sand City has set a new standard.

California American Water Selects CDM Constructors for Desal Project
California American Water Selects CDM Constructors fCalifornia American Water Selects CDM Constructors, Inc. To Design and Build Monterey Desalination Facility

HIGHLIGHT EXCERPTS:

PACIFIC GROVE, Calif. (December 6, 2013) – After a nine-month procurement process, California American Water has selected CDM Constructors, Inc. to design and build the desalination facility proposed as part of its $320-million Monterey Peninsula Water Supply Project. CDM Constructors ranked highest of the four finalists on a combined business, technical and price evaluation. CDM Constructors submitted a proposal of $86 million for the desalination facility portion of the project, which is consistent with earlier estimates from a consulting engineering firm. CDM Constructors’ bid was the lowest of the four proposers, with other proposals ranging from $90-110 million.

CDM Constructors is a wholly-owned, design-build and general construction subsidiary corporation of CDM Smith which was founded in 1947. CDM Smith’s team brings proven technical expertise gained from other similar projects locally, nationally and throughout the world, including seven in California and more than 35 international desalination projects. Their projects involving advanced membrane treatment in California include two Monterey Peninsula successes - the Sand City desalination facility, which produces potable water from brackish groundwater, and the Pebble Beach Company’s reclamation project, which irrigates golf courses with highly-treated recycled water.

California American Water identified its preferred firm after short-listing responses to its Request for Qualifications, issuing a Request for Proposals to those firms and conducting formal interviews. The company will now send the statements of qualifications, proposals and reports regarding its findings along with a draft contract to the project’s Governance Committee, which will have ten days to conduct its own review and make further recommendations. The committee is set to discuss the matter in public during a special meeting set for Wednesday, December 11, 9:30 am, at the Monterey Peninsula Water Management District office located at 5 Harris Court in Monterey.

Cal Am recommends contractor for new desal project

The Monterey County Herald
Jim Johnson, Herald Staff Writer, 12/06/2013

HIGHLIGHT EXCERPTS:

Cal Am officials announced Friday that Massachusetts-based CDM Constructors, Inc. is its recommended choice to design and build the desal plant at the core of the Monterey Peninsula water supply project. CDM is a subsidiary of CDM Smith.

The choice follows a nine-month procurement process in which a number of firms competed for the contract, and will now be subject to a 10-day public review led by the project's Public Governance Committee.

Cal Am's recommendation now goes to the project's Public Governance Committee, which has 10 days to conduct its own review and make recommendations, and is set to conduct a special meeting on Wednesday to discuss the matter.

The water authority will also hold a pair of public meetings to discuss the issue on Monday, with a technical advisory committee meeting set for 10 a.m. and a board of directors meeting set for 12:30 p.m. at Seaside City Hall. The water management district board is also scheduled to review the issue at its 7 p.m. meeting on Monday.

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES December 9, 2013

TAC MPRWA Special Meeting Agenda Packet 12-09-13 (82 Pages) AGENDA PACKET, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 9, 2013

TAC MPRWA MINUTES 12-09-13.pdf DRAFT MINUTES, SPECIAL MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 9, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES December 9, 2013

MPRWA Special Meeting Agenda Packet 12-09-13 96pages AGENDA PACKET, SPECIAL MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 9, 2013

MPRWA Special Meeting Minutes 12-09-13

DRAFT MINUTES SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 9, 2013

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT Board of Directors Meeting 9 December 2013

ABSTRACT: The MONTEREY PENINSULA WATER MANAGEMENT DISTRICT Board of Directors, Regular Meeting Agenda, Monday, December 9, 2013 is embedded featuring Action Item 15 Consider Providing Direction on Selection of Design/Build Firm for California American Water Company’s Monterey Peninsula Water Supply Project.

MPWMD Regular Meeting Agenda 12-09-13

AGENDA
Regular Meeting
Board of Directors
Monterey Peninsula Water Management District
Monday, December 9, 2013

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT AGENDA & MINUTES December 9, 2013

UPDATE:
It is Cal-Am's current intent to execute the DB Contract relating to the design and construction of the Desalination Infrastructure on or about December 20, 2013.

Governance Committee members Jeanne Byrne, David Potter and Jason Burnett voted unanimously to recommend that California American Water (“Cal-Am”) enter the proposed Design--‐Build Contract (“Contract”) to retain CDM Constructors, Inc. for design and construction of the Desalination Infrastructure, with three recommendations.

 

Governance Committee Burnett Letter to Svindland 12-13-13

Jason K. Burnett, Chair Monterey Peninsula Water Supply Project Governance Committee. Letter dated December 13, 2013 to Richard C. Svindland, P.E. Vice President - Engineering, California American Water

ABSTRACT: The Governance Committee for the Monterey Peninsula Water Supply Project AGENDA SPECIAL MEETING PACKET for Wednesday, December 11, 2013 is embedded featuring Action Item 2, Develop Recommendation to California American Water on Draft Final Design/Build Contract for Monterey Peninsula Water Supply Project Desalination Facility; Exhibits A, B and C are embedded.

Governance Committee for the MPWSP Special Meeting Agenda 12-11-13

Governance Committee for the Monterey Peninsula Water Supply Project
AGENDA SPECIAL MEETING
Wednesday, December 11, 2013, 9:30 AM

Governance Committee Item 2 Exhibit A

2-A	California American Water Notification #3 – Execution of Design-Build Agreement for the Monterey Peninsula Water Supply Project Desalination Infrastructure – December 6, 2013

Governance Committee Item 2 Exhibit B

2-B	California American Water Proposal Evaluation Report – Request for Proposals for Design and Construction of Desalination Infrastructure for the Monterey Peninsula Water Supply Project – November 16, 2013

Governance Committee Item 2 Exhibit C

2-C	Alex Wesner, PE – Review of Selection Process for the Design-Build Contractor for the Monterey Peninsula Water Supply Project – December 6, 2013

Carmel Art Association Presents ALL-MEMBER SHOW: ANNUAL MINIATURE & SMALL PAINTING SHOW AND SPECIAL EVENT: HOLIDAY OPEN HOUSE

Carmel Art Association

 

Carmel Art Association Mission Statement: 
The Association exists to provide its members with a permanent art gallery, to advance knowledge of, and interest in the arts, and to create a spirit of cooperation and fellowship among artists and the community. 

A Proud Heritage:

The legendary Carmel Art Association was formed on August 8, 1927 by a small group of artists who gathered at “Gray Gables,” the modest home/studio of Josephine Culbertson and Ida Johnson at the corner of Seventh and Lincoln in Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century and individually found their respective paths to Carmel from all corners of the world—each desired a greater sense of community, a spirit of collaboration, and a place to show their work. Before the meeting concluded, they had established an association with a mission “to advance art and cooperation among artists, secure a permanent exhibition space, and promote greater fellowship between artists and the public.” 

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge

For more information, Online or (831) 624-6176.

Carmel Art Association Presents ALL-MEMBER SHOW: ANNUAL MINIATURE & SMALL PAINTING SHOW AND SPECIAL EVENT: HOLIDAY OPEN HOUSE

ALL-MEMBER SHOW: ANNUAL MINIATURE & SMALL PAINTING SHOW

A decades-long and well-loved tradition at the CAA. Our artist members offer hundreds of small works, perfect for gift giving during the Holiday Season!

Thursday, December 5 – Tuesday, December 31, 2013

 

SPECIAL EVENT: HOLIDAY OPEN HOUSE

A gala celebration to kick off the Holiday Season and usher in the Annual Miniature Show!  Join the festivities and meet & mingle with the CAA artist members. Wine and holiday hors d'oeuvres.

Saturday, December 7, 5:00 P.M. -7:00 P.M.

 ARTISTS

*Denotes inactive artist member, *

Apodaca, Johnny

Auvil, Eleen

Beach, Mary FitzGerald

Becom, Jeffrey

Bellmer, Jeanne *

Bhaskar, Norma Zeigle

Bibler, Richard *

Biederman, Patty

Black, Blaine

Bradford, Cyndra

Bullas, Will

Bullas, Mike

Burr, Mary

Carroll, Pamela

Carvell, Fred

Catbagan, Eileen

Chapman, Carol

Coleman, Constance

Corsaut, Jesse *

Crispo, Dick

Crocetti, Kathleen

Crozier, Christine

Curtis, Micah

Dahlstrand, Olof

Davidson, Laurent

Dominguez, Miguel A.

Dominguez, Miguel

Donahue, Mike

Donovan, Gael

Downs, Anne

Downs, Douglas

Elmore , Gene *

Emery, Cornelia

Farina, Mark

Farmer, Beva *

Gafill, Erin Lee

Golding, Frieda *

Goldstein, Helene

Gonzales, Alex

Goode, Jane

Goyatton, Yves

Grauer, Ron

Harris, Sam *

Hart, Roianne

Healey, Sarah

Hiers, Peter

Hitchcock, Eric

Holt, Shirley

Hybl, Heidi

Jelmini, Peggy

Johnson, Barbara

Johnson, Andrea

Jordan, Susan

Kreitman, Barbara

Laney, Francyne

Lestrade, Jack *

Lim, Y. S.

Lindberg, Keith

Long, Michie

Marsh, John *

McIntyre, Robert

McWilliams, John

Meheen, Alicia

Minou, Carole*

Morrison, Brenda

Nordmann, Joseph

Northrop, Wilda

Olsen, Peggy

Parker, Carol

Perkins, Howard R

Plamondon, Peter

Rappa, Anthony

Reeves, Gail

Reith, Susan

Robbins, Stanley

Robinson, Irene

Sawicki, Richard

Sawyer, Chris

Schnute, William *

Schwien, Guenevere

Shachmut, Daria

Sloan, Tim

Smith, Jeff Daniel

Smith, Julie Brown

St. Mary, Michael *

Tanous, Joe

Terrill Hughes, Ardith *

Tette, Richard

Torres, Gustavo

Tsouris, Michel

Van Megert, Jerry

Vidor, Belinda

Wagstaff, Jan

Ward, Edward Norton *

Ward, Justin

Whitlock, David

Williams, Andy

Winfield, Rodney *

Wolcott, Diane

Woodruff, Jean

Woodson, Richmond P.

Yadon, Vern

'the dog tree,' Mission Trail Nature Preserve (2013)

"the dog tree"

Ornaments on "the dog tree"

Companion Tree to "the dog tree"

Ten Noteworthy 3 December 2013 City Council Agenda Items

ABSTRACT: Ten Noteworthy3 December 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Ratify direction given to staff relative to Parking Management Workshop discussion of November 4, 2013, Receive Public Records and Media Request Log, Receive and file update on upcoming General Municipal Election to be held on April 8, 2014, Receive and file the 2013 Pavement Management Program update report, Consideration of a Resolution authorizing the City Administrator to amend an existing contract with MarTech Inc., for on-going Information Technology Support Services , Consideration of Resolution adopting and including performance indicators for the Sunset Center Inc. Operating Agreement, Discussion of parking analysis and provide direction and Consideration of a Resolution amending Employee Agreement of City Administrator, are presented. Supporting materials are embedded. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, December 2, 2013

4:30 p.m., Open Session

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

Live & Archived Video Streaming

 

II. Roll Call

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

A. Announcements from Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL- PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property strategy negotiations regarding the Lease of Flanders Mansion (APN 010-061-005)

B. PUBLIC EMPLOYEE- PERFORMANCE EVALUATION
Pursuant to Government Code § 54957 (b) 1.
Title: City Administrator

C. Announcements from City Administrator.

1. Update on Key Initiatives
2. Summary Report from Monday's Workshop
3. Agenda Forecast
4. Introduction of New Employees

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.

 A. Ratify direction given to staff relative to Parking Management Workshop discussion of November 4, 2013.

Ratify Direction Given to Staff Relative to Parking Management Workshop 12-03-13

F. Receive Public Records and Media Request Log.

Public Records Request Log 12-03-13

G. Receive and file update on upcoming General Municipal Election to be held on April 8, 2014.

Receive Update on Upcoming General Municipal Election to Be Held on April 8, 2014 12-03-13

K. Receive and file the 2013 Pavement Management Program update report.

Receive and File the 2013 Pavement Management Program Update Report 12-03-13

 

O. Consideration of a Resolution authorizing the City Administrator to amend an existing contract with MarTech Inc., for on-going Information Technology Support Services.

Resolution Authorizing the City Administrator to Amend an Existing Contract with MarTech Inc. for IT Suppor...

P. Consideration of Resolution adopting and including performance indicators for the Sunset Center Inc. Operating Agreement.

Resolution adopting and including performance indicators for SCC Operating Agreement 12-03-13.pdf

VIII. Orders of Council

A. Discussion of parking analysis and provide direction.

Discussion of parking analysis and provide direction 12-03-13.pdf

B. Consideration of a Resolution amending Employee Agreement of City Administrator.

Resolution Amending the Employment Agreement of City Administrator Jason Stilwell 12-03-13.pdf

CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop, December 2, 2013

CARMEL-BY-THE-SEA CITY COUNCIL

Tour, Closed Session and
Public Workshop

Monday, December 2, 2013-4:00 p.m.,
with workshop to follow at 5:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues

 

ABSTRACT: On Monday, December 2, 2013, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour and Closed Session beginning at 4:00 P.M. and a Public Workshop at 5:30 P.M. Subject: Key Initiatives for 2014. The Tour, Closed Session and Public Workshop Agenda document is embedded.

 

Tour, Closed Session and Public Workshop 12-02-13 CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and Public Workshop
Monday, December 2, 2013

MINUTES for Six Noteworthy 5 November 2013 City Council Agenda Items

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 5, 2013

 

II. PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and Mayor Burnett.

ABSENT: None

STAFF PRESENT: Jason Stilwell, City Administrator
Don Freeman, City Attorney
Daryl A. Betancur, Deputy City Clerk
Mike Calhoun, Public Safety Director

Susan Paul, Administrative Services Director
Sharon Friedrichsen, Public Services Director
Rob Mullane, Community Planning & Building Services Director
Marc Wiener, Interim Senior Planner

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session


A. CONFERENCE WITH LEGAL COUNSEL- LABOR NEGOTIATIONS

Pursuant to 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 terms and conditions of employment for all represented and unrepresented employees.

B. CONFERENCE WITH LEGAL COUNSEL- PROPERTY NEGOTIATIONS

Pursuant to Government Code § 54956.8
Property strategy negotiations regarding the Lease of Flanders Mansion (APN 010-061-005)

C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

Pursuant to Government Code§ 54956.9(a)
City of Carmel-by-the-Sea vs. County of Monterey, Superior Court of the State of California Case No. M12513

D. PUBLIC EMPLOYEE- PERFORMANCE EVALUATION

Pursuant to Government Code § 54957 (b) 1.
Title: City Attorney

City attorney, Don Freeman, read the items into the record and stated that there are no reports for the public for any of the closed session items, except for item D where there may be an announcement.

Mayor Burnett indicated that item D relates to the performance evaluation of the City Attorney and praised Mr. Freeman for his 30 years of service to the City.

C. Announcements from City Administrator.

1. City Administrator Stilwell announced that Mr. David Stoldt1- General Manager of the Monterey Peninsula Water Management District is here to give a presentation and update on the water supply projects. Mr. Stoldt presented a PowerPoint presentation highlighting the following: supply gap, how litigation was turned into collaboration, legislation, public outreach and the bond issue.

There were several questions and comments from council which were answered by and responded to by Mr. Stoldt.

Mayor Burnett made three announcements relative to this topic as follows: I) RFP process for selecting a design-build firm for the Desai facility; 2) spoke relative to the test wells for the source water and the construction season and it looks like Cal Am for a variety of reasons is not going to meet that window; and 3) on the Ground Water Recycling project that the Water Authority is engaging with the Water Management District and the Pollution Control District to figure out where the key impediments on that project moving forward are.

2. Summary Report from Monday's Workshop

City Administrator Stilwell provided the staff report indicating that the workshop was on parking management and that in summary there is a parking problem or at least a perception of a problem; there is an economic impact and quantitative value to the parking issue to the community; more demand than supply in the commercial corridor; spoke about policy goals, expense to the community in terms of impact to community and businesses and the environment; and that he will return to the City Council with action items in December.

3. Agenda Forecast- Mr. Stilwell made brief comments relative to the forecast highlighting projects related to key initiatives and when these will be coming forward.

4. City Administrator Stilwell commented on the Conde Nast reader's choice award-2013 rankings and stated that Carmel was in 6th place for all US cities with an overall rating of 79.

5. ADD-ON- City Administrator Stilwell made brief comments about the gourmet fest event and asked David Fink to provide a brief report. Mr. Fink presented a brief report indicating the details of what the proposed gourmet fest will be like, where it will be held and specific dates. Mr. Fink stated that the event is to be held March 27-30, 2014; and that a formal press release will be issued next month.

VII. CONSENT CALENDAR

F. Receive Public Records and Media Request Log.

Mayor Burnett read the consent calendar items into the record and asked if members of the City Council wished to pull any items. Seeing none, he asked members of the public if anyone wished to pull any items, seeing none, he entertained a motion to approve the consent calendar with supplemental information on Item M, corrections to the minutes of October 8, 2013 and correction to Item C, the ROW workshop summary.

Mayor Pro Tern TALMAGE moved to approve the Consent Calendar items A-M with the noted adjustments to the three items. Motion seconded by Council Member BEACH and carried unanimously.
 

VIII. ORDERS OF COUNCIL

A.  Received first Quarter Financial Report.

City Administrator Stilwell provided the staff report highlighting both the summaries included in the report in terms of the revenues and expenditures. He also made brief comments about the capital improvement projects.

Council Member Theis stated that she appreciates the list of capital projects, which gives a good summary of the on-going and future projects.

Council Member Beach spoke about the parking workshop held the night before and how fantastic it was.

Mayor Pro Tern Talmage spoke about the capital projects in relation to the work that is going on currently. He indicated that the City is trying to complete these projects before the rainy season.

Mayor Burnett opened the meeting to public comment at 5:58 p.m.

Barbara Livingston- made brief comments about the update to the key initiatives for 2014.

Seeing no further comments, Mayor Burnett closed the meeting to public comment at 5:59 p.m.

Mayor Burnett indicated that there will be a workshop on the key initiatives on December 2 during the Council Workshop at 5:30p.m.

Council Member HILLYARD moved to receive and file the 1st quarter financial report. Motion seconded by Mayor Pro Tern TALMAGE and carried unanimously.

B. Consideration of an appeal of the Planning Commission's decision to deny a Design Study Application (DS 13-33) for the replacement of an existing wood shingle roof with composition shingles on a residence located on Dolores Street 4 parcels southeast of 10th Avenue, in the Single-Family Residential (R-1) Zoning District. The application is being appealed by the property owner, David Goldenson.

Marc Wiener, Interim Senior Planner presented the staff report and stated that staff recommends denying the appeal.

Council members asked several questions in relation to the single roof proposal.
Mr. David Goldenson, the appellant made several comments relative to watching the city council video; and clarified the record on what was said at the last meeting pertaining to the houses on each side to his.

Mayor Burnett opened and closed to public comment at 6:11 p.m.

Barbara Livingston - offered that in recent years the design guidelines have tightened and that these provide guidance.

Seeing no further public comments, Mayor Burnett closed the meeting to public comment at 6:13p.m.

Members of the City Council engaged in a substantive discussion about the appeal with Mr. Goldenson and Interim Senior Planner Wiener answering council's questions.

Council Member BEACH moved to deny the appeal and uphold the decision of the Planning Commission. Motion seconded by Council Member HILLYARD and carried by the following roll call:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE & MAYOR BURNETT

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN:COUNCIL MEMBERS: NONE

E. Consideration of a Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan.

Susan Paul, Administrative Services Director presented the staff report indicating that the final plan includes five goals and that there are eight IT initiatives.

There were several comments and questions from council with Mayor Pro Tern Talmage stating that the four needs on page 6 of the report is exactly what we want and to keep it simple; and to focus on core competencies.

Mayor Burnett opened /closed the meeting to public comment at 8:43p.m.

Mayor Burnett further commented that he would like to see the Granicus system expanded to all Boards and Commissions and as it relates to the mission/vision statement, he made a suggestion that he does not want the technology itself to be innovative and not a focus on the technology but on the use of the technology and asked how this is incorporated into the vision statement before the council. Susan Paul, Administrative Services Director stated she will make that change as requested.

Council Member HILLYARD moved to adopt the Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology IT) Strategic Plan. Motion seconded by Council Member THEIS and carried unanimously.