MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES October 31, 2013

MPRWA Special Meeting Agenda Packet 10-31-13.pdf

AGENDA, SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 31, 2013

MPRWA Minutes Special Meeting 10-31-13 DRAFT MINUTES SPECIAL MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 31, 2013

The California Public Records Act (GOVERNMENT CODE SECTION 6250-6270): ‘In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.’

ABSTRACT:  Notably, after the City Council met in closed session on Thursday, October 10, 2013 and announced the settlement of The Carmel Pine Cone editor/publisher/owner Paul Miller’s lawsuit against the City (CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive Respondents, Case No.: M125118 PETITION FOR WRIT OF MANDATE), the City reaffirmed “the city’s policy and practice that the California Public Records Act be construed broadly in favor of public disclosure, consistent with the law and the rights of our employees,” according to The Carmel Pine Cone. However, five days later, on October 15, 2013, The Carmel Pine Cone received the City’s response to a September 2013 Public Records Act request for emails between Carmel Residents Association President Barbara Livingston, City Administrator Jason Stilwell and Carmel Mayor Jason Burnett from Liebert Cassidy Whitmore attorney Heather Coffman stating in a letter the City’s refusal to provide the documents because the emails had a “privacy right” that outweighed the public’s right to view the emails. “Please note that personal identifying information contained in response to the PRA requests has been redacted in order to protect the privacy interests at issue. For example, correspondence of members of the public detailing their concerns as citizens have been redacted because the public interest in disclosure of this correspondence is clearly outweighed by the interest in nondisclosure to avoid a chilling effect on the public.” Links to Secrecy at city hall reaches new heights - CRA president exchanges hidden messages with mayor, city administrator, MARY SCHLEY, October 25, 2013 and Pine Cone sues city over resume, but suit is quickly settled, PINE CONE STAFF REPORT, October 11, 2013 are provided with Excerpt Highlights. The California Public Records Act (GOVERNMENT CODE SECTION 6250-6270) document is embedded. 

Secrecy at city hall reaches new heights
- CRA president exchanges hidden messages with mayor, city administrator
By MARY SCHLEY
Published: October 25, 2013

Excerpt Highlights:
A REQUEST from The Pine Cone for emails between Carmel Residents Association President Barbara Livingston, city administrator Jason Stilwell and Carmel Mayor Jason Burnett was refused last week because the city considers much of their correspondence too sensitive or inflammatory to allow the public to read it.
The Pine Cone asked for the emails in September, under the provisions of the California Public Records Act, which clearly requires that government officials release emails, letters, documents and other written records that are about official business.
But the city responded to The Pine Cone’s requests by providing heavily redacted copies of approximately 75 emails dated between early July and the end of September. Many of them had their entire contents redacted. The coverups were made in white, so it’s impossible to tell how much writing was hidden.
In her Oct. 15 cover letter explaining the city’s refusal to provide the documents, San Francisco attorney Heather Coffman said the people who wrote and received the emails had a “privacy right” that outweighed the public’s right to see them.
When asked if she would provide the copies herself, Livingston said she deletes every email as soon as she is done reading it. When asked if she would give permission to the city to release full copies of the messages, she simply replied, “No, thanks.”

Pine Cone sues city over resume, but suit is quickly settled
PINE CONE STAFF REPORT
Published: October 11, 2013

Excerpt Highlights:
 “We reached an agreement with the city, not only to provide us with everything substantive from Mullane’s resume, but also a promise that they would do the same in the future for all new hires to senior-management-level positions at city hall,” publisher Paul Miller said.
The city council, meeting in closed session Thursday to respond to the suit, also reaffirmed “the city’s policy and practice that the California Public Records Act be construed broadly in favor of public disclosure, consistent with the law and the rights of our employees.”

ADDENDUM:
A POCKET GUIDE TO THE CALIFORNIA PUBLIC RECORDS ACT, A SERVICE OF: THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL JOURNALISTS (Nor. Cal.)

GOVERNMENT CODE SECTION 6250-6270.pdf

GOVERNMENT CODE SECTION 6250-6270

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE October 21, 2013

Tac Mprwa Cancellation Notice 10-21-13 CANCELLATION NOTICE, OPTIONAL REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 21, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE October 24, 2013

Mprwa Cancellation Notice 10-24-13 CANCELLATION NOTICE, OPTIONAL REGULAR MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 24, 2013

PETITION FOR WRIT OF MANDATE AND RELATED RELIEF: CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITORCONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents (Case No.M125153)

ABSTRACT: The PETITION FOR WRIT OF MANDATE AND RELATED RELIEF: CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents, (Case No.M125153), dated October 9, 2013, is embedded.  Petitioner City of Carmel-by-the-Sea filed its claim on or about February 8, 2013; and “Petitioner has been harmed in an amount according to proof, but believed to be no less than the following.” As to Petitioner City of Carmel-by-the-Sea, $40,764.00. Document includes FIRST CAUSE OF ACTION Writ of Mandate (Code Civ. Proc., § I085), SECOND CAUSE OF ACTION Damages Under Code of Civil Procedure Section I095 and THIRD CAUSE OF ACTION Declaratory Relief and PRAYER FOR RELIEF. Cities, Petitioners, have “been harmed” in the total amount of no less than $1,897,057.00. Re: ALHAMBRA, CITY OF v. COUNTY OF LOS ANGELES, California Supreme Court Case S185457 and Court of Appeal Case, Second Appellate District, Div. 3 B218347 documents are embedded for reference.  

City of Carmel-By-The-sea Et Al. v. County of Monterey Et Al. (m125153)

PETITION FOR WRIT OF MANDATE AND RELATED RELIEF
CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITORCONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents

Case No. M125153

s 185457

IN THE SUPREME COURT OF CALIFORNIA
CITY OF ALHAMBRA et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents
Case S185457

 

b 218347IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT
DIVISION THREE
CITY OF ALHAMBRA et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al.,

Defendants and Respondents.  B218342

 RELATED NEWS ARTICLE:

Lawsuit claims Monterey County overcharged cities nearly $1.9 million
Carmel mayor calls for $1M cemetery investment
By JIM JOHNSON Herald Staff Writer,10/14/2013

Excerpt Highlights:
After months of talks, a group of 11 local cities has filed a lawsuit seeking the refund of millions of dollars from Monterey County, alleging they were overcharged for property tax administration fees over a six-year period.
In the lawsuit, filed Wednesday last week, the cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Salinas, Sand City, Seaside and Soledad argued that the county and Auditor-Controller Mike Miller overcharged them nearly $1.9 million in administrative fees from 2006-07 to the end of 2012. The fees were charged by the county starting in 2006 for administering a complicated revenue swap involving property taxes, sales taxes and vehicles license fees. Any refund would go into the cities' general funds.
Pacific Grove joined the lawsuit in a supplemental filing, while Monterey has thus far declined to join.
The claims followed a state Supreme Court decision last fall backing an appellate court ruling that found Los Angeles County had overcharged the city of Alhambra and other cities for the property tax administration fees, and was only entitled to charge for the actual cost of its services.

PETITION FOR WRIT OF MANDATE: CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118)

ABSTRACT: The PETITION FOR WRIT OF MANDATE, CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118), dated October 4, 2013, (Filing Date 10/8/2013) document (including Exhibit A, Exhibit B) is embedded. “Petitioner Carmel Communications, Inc., is a California corporation with its principal place of business in the County of Monterey, State of California, and publishes a weekly newspaper known as the Pine Cone.” WHEREFORE, PETITIONER PRAYS AS FOLLOWS:
 l. That this Court issue an Alternative Writ of Mandate, commanding Respondent City to allow the inspection of, and upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume, or to show cause before this Court at a date and time to be specified by the Court why it has not done so, and why it should not be compelled to do so; and
2. That on the return of the Alternative Writ and the hearing of this Petition, this Court issue its Peremptory Writ of Mandate commanding Respondent City to allow inspection of and, upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume.
3. For an award of attorney's fees to petitioners pursuant to Government Code §6259;
4. For costs of suit incurred herein; and
5. For such other and further relief as this Court deems just and proper. After the City Council met in Closed Session on Thursday, October 10, 2013, the case was settled to the satisfaction of Paul Miller, Publisher/Editor/Owner, The Carmel Pine Cone. 

CARMEL COMMUNICATIONS V. CITY OF CARMEL-BY-THE-SEA (M125118).pdfPETITION FOR WRIT OF MANDATE
CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents
Case No.: M125118

ADDENDUM:

Re: Johnson v. Winter (1982) 127 Cal.App.3d 435, 440 (exempting candidate records); Cal. Govt. Code§ 6254(c) (exempting personnel records based on privacy concerns).
Johnson v. Winter, 127 Cal. App. 3d 435 (Cal. App. 1st Dist. 1982)

Cal. Govt. Code§ 6254. Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:

(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.

Special City Council Closed Session 10 October 2013: Settlement After The Carmel Pine Cone Filed A Lawsuit Against City Over Denial of Community Planning & Building Director Rob Mullane’s Resume

ABSTRACT: After The Carmel Pine Cone’s City Hall reporter Mary Schley asked for Community Planning & Building Director Rob Mullane’s resume in August 2013 and was denied the resume by Liebert Cassidy Whitmore attorney Heather Coffman citing (a) it was not a “public record,” and (b) because Mullane was entitled to privacy where his resume was concerned, attorney Neil Shapiro filed a lawsuit on behalf of The Carmel Pine Cone against the City of Carmel-by-the-Sea “in an effort to get planning director Rob Mullane’s resume” on Tuesday, October 8, 2013.  Two days later, on Thursday, October 10, 2013, the City Council met in closed session. After the meeting, City Administrator Jason Stilwell provided The Pine Cone with details from Mullane’s resume. “We reached an agreement with the city, not only to provide us with everything substantive from Mullane’s resume, but also a promise that they would do the same in the future for all new hires to senior-management-level positions at city hall,” stated publisher/editor/owner Paul Miller.  Apparently, it takes the filing of a lawsuit against the City for Mayor Jason Burnett to get City Administrator Jason Stilwell to honor the Public Records Act.  Links to the PINE CONE STAFF REPORT, Editorial: The secret resume and Excerpt Highlights are presented.

Pine Cone sues city over resume, but suit is quickly settled
PINE CONE STAFF REPORT
Published: October 11, 2013
Excerpt Highlights:
ON TUESDAY, The Carmel Pine Cone filed a lawsuit against the City of Carmel in an effort to get planning director Rob Mullane’s resume, and on Thursday the lawsuit was settled.
“We reached an agreement with the city, not only to provide us with everything substantive from Mullane’s resume, but also a promise that they would do the same in the future for all new hires to senior-management-level positions at city hall,” publisher Paul Miller said.
“We weren’t necessarily expecting any surprises, but it’s important to remember that government officials cannot be trusted to decide on their own what the public is allowed to see,” Miller said.

Editorial: The secret resume
Published: September 20, 2013
Excerpt Highlights:
Given the weight of her credentials and the importance of her reporting, you’d think it would be a very simple matter for her to be given Mullane’s resume. Instead, she was given a flat, “No.”
Jason Stilwell is responsible for this decision, but he hid behind a lawyer when he made it.
Secrecy in government leads to corruption and abuses of power, and it must not be tolerated (except for matters of foreign intelligence and national security; presumably, the Carmel planning director will not be involved in either of those). Numerous California laws and decisions of its Supreme Court are unequivocal on all these points.
The uncooperative and unfriendly attitude which has taken hold in the administration of Carmel City Hall will lead to something bad, if not disastrous, for this precious city.

Reception to Introduce City Managers, October 17, 2013

WHO: City Administrator Jason Stilwell & Mayor Jason Burnett, Hosts
Department Directors:
Public Safety Director/Police Chief Mike Calhoun

Library Director Janet Bombard

Administrative Services Director Susan Paul

Public Services Director Sharon Friedrichsen

Community Planning & Building Director Rob Mullane

WHAT: Reception to Introduce City Directors

WHEN: Thursday, October 17, 2013 @ 5:00 P.M. – 6:30 P.M.

WHERE: Sunset Center Lobby
E/s San Carlos St. @ 9th Av.
Carmel-by-the-Sea, CA.
Source: City hall party offers chance to meet top officials, PINE CONE STAFF REPORT, The Carmel Pine Cone, October 11, 2013, 2A

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT CANCELLATION NOTICE October 17, 2013

Governance Committee for the MPWSP Cancellation Notice 10-17-13 CANCELLATION NOTICE

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
October 17, 2013

Bob Lutz, Retired Vice Chairman, General Motors Corporation & Author of 'Icons and Idiots: Straight Talk on Leadership'

ABSTRACT: During a recent interview on C-SPAN, Bob Lutz, Retired Vice Chairman, General Motors Corporation, spoke about his 2013 book, “Icons and Idiots: Straight Talk on Leadership.” Bob Lutz on performance management, numerical analysis, customer service and product quality are featured. “Highly effective” leaders, in business and government, focus on customer service and excellent product quality, not performance management and numerical analysis, because performance management and numerical analysis have nothing to do with customer service and excellent product quality. In short, the hallmark of a “highly effective leader” is his/her focus on customer service and product quality, not performance management and numerical analysis. A QUESTION and RECOMMENDATIONS conclude post on the “wisdom” of Bob Lutz.

Bob Lutz, Retired Vice Chairman, General Motors Corporation:

Credentials

• Member, Lotus Advisory Council, the British sports car manufacturer
• Retired Vice-chairman, Global Product Development, General Motors Corporation
• Former President, Chrysler Corporation
• Former Vice President, Ford Motor Company
• Former Executive Vice President, BMW
• MBA, University of California at Berkeley
• BA, Production Management, University of California at Berkeley
• Fighter Pilot, US Marine Corps

Bob Lutz on Performance Management & Numerical Analysis: 

Worse still, according to Lutz, GM’s elaborate Management by Objectives–based Performance Management Process (PMP) was a “ritualistic time suck” without “a smidgen of customer value.” PMP allowed senior managers to hit all their numeric targets and earn bonuses, even as GM steadily lost market share. “[A] senior executive who needs a quantified list of objectives to know what he or she should be working on should not be a senior executive in the first place,” he writes.

Good leaders, visionary leaders are:

• Ethically guided, moral compass as guide
• Create customer value, do not focus on overseeing bureaucracies
• Don’t play favorites, treat everyone equally

Bad, weak, more consensus leaders:

• Place too much importance on numerical analysis
• Focus on overseeing bureaucracies, not creating customer value
• Study everything, and if they do not like how it comes out, study it again, which adds no customer value

The largest mistake leaders make is place too great a faith in numerical analysis.  5-year projections are accepted as gospel because the projections were generated by one of their great departments.  Every single number on spreadsheet is wrong; the only thing we don’t know is in what direction.

Bob Lutz on Human Resources:

• Human resources has expanded with programs and has “almost become a cancerous growth” on society and industry.
• HR people are instigators of many “enormously time consuming bureaucracy-creating new initiatives” which are a “colossal waste of time.” They “create way more work than they alleviate.”
• Better to return to basis function of human resources which is personnel records, pay and promotions.

Bob Lutz on Customer Service & Product Quality:

• “Highly effective” leaders, in business and government, focus on customer service and excellent product quality.

QUESTION: With City Administrator Jason Stilwell’s focus on “performance management,” such as performance measures being negotiated with Sunset Cultural Center, Inc. (SCC), for example, and with Administrative Services Director Susan Paul’s report on IT including 16 strategic goals and 23 key initiatives that over time will be translated into projects, for example, would Bob Lutz consider City Administrator Jason Stilwell and Administrative Services Director Susan Paul “icons” or “idiots?”

RECOMMENDATIONS:
After Words with Bob Lutz
September 18, 2013 (57 minutes)
C-SPAN VIDEO LIBRARY
Bob Lutz talked about his book, Icons and Idiots: Straight Talk on Leadership, in which he discusses the leaders that made the strongest impression on him during his career in the auto industry. He spoke with former auto industry executive and consultant to the American Automobile Policy Council, Debbie Dingell.

Icons and Idiots: Straight Talk on Leadership by Bob Lutz (Jun 4, 2013)

Bob Lutz
Car Guys vs. Bean Counters: The Battle for the Soul of American Business
(Portfolio/Penguin, 2011)

strategy + business
Best Business Books 2011: Management
The Battle for Management’s Future
by David K. Hurst

67 – Bob Lutz: Retired Vice Chairman, General Motors Corporation

Lutz Communications

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING October 7, 2013

TAC MPRWA Agenda Packet 10-07-13 AGENDA PACKET, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 7, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES October 10, 2013

MPRWA Agenda Packet Updated 10-10-13

AGENDA PACKET, REGULAR MEETING (UPDATED)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 10, 2013

MPRWA Burnett Lts Re GWR Impediments and Cumulative Project Costs10!10!13

MPRWA Regular Meeting Agenda Packet 10-10-13
AGENDA PACKET, REGULAR MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 10, 2013

Six Noteworthy 8 October 2013 City Council Agenda Items

ABSTRACT: Six Noteworthy 8 October 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Receive Public Records and Media Request Log, Receive Farmers Market update, Authorize the Mayor to submit letter to the Governor urging passage of and signature on SB232 (Monning) regarding the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund and Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea Amending Title 8 and Title 15 of the Carmel Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments are presented. Supporting materials are embedded. 

 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, October 8, 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.

1. Labor Negotiations- Government Code Section 54957.6 (a) Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Stilwell to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

2. Property Negotiations - Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 01 0-061-005).

3. Potential Litigation- Government Code Section 54956.9(b).2- Conference with legal counsel regarding potential litigation- one (1) matter.

C. Announcements from City Administrator.

1. Assembly Member Mark Stone

2. Summary Report from Monday's Workshop

3. Farmers Market Update

4. CalAm survey

5. Centennial Committee Update

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.

E. Receive Public Records and Media Request Log.

Public Records and Media Request Log 10-08-13

F. Receive Farmers Market update.

Farmers Market Update10!08!13

G. Authorize the Mayor to submit letter to the Governor urging passage of and signature on SB232 (Monning) regarding the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund.

California Central Coast State Veterans Cemetery 10-08-13

VIII. Orders of Council

G. Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea Amending Title 8 and Title 15 of the Carmel Municipal Code and  adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments.

Ordinance Amending Title 8 and Title 15 of the Carmel Municipal Code10!08!13

CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop October 7, 2013

CARMEL-BY-THE-SEA CITY COUNCIL

Tour, Closed Session and
Public Workshop

Monday, October 7, 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, October 7, 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: Public Rights of Way. The Tour, Closed Session and Public Workshop Agenda, Public Notice, Exhibit 1-City of Carmel-by-the-Sea Vision Statement for ROWs, Exhibit 2-Staff Report on ROW Encroachments from 9/10/13 City Council Meeting and Exhibit 3-Map of Roadway Segments for Enhanced Code Compliance in FY 2013-2014 document is embedded.

City Council Tour, Closed Session and Public Workshop10!07!13CARMEL-BY-THE-SEA CITY COUNCIL

Tour, Closed Session and Public Workshop
Monday, October 7, 2013

MINUTES for Nine Noteworthy 10 September 2013 City Council Agenda Items

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 10, 2013

 

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

 ABSENT: None

 STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Gaudenz Panholzer- Fire Chief
Sharon Friedrichsen, Director of Public Services
Susan Paul, Administrative Services Director
Rob Mullane, Community Planning & Building Director
Marc Wiener, Interim Senior Planner

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

A. Announcements from Closed Session.

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

2. Property Negotiations - Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 01 0-061-005).

3. Potential Litigation- Government Code Section 54956.9(b).2- Conference with legal counsel regarding potential litigation - one (1) matter.

4. Labor Negotiations- Government Code Section 54957.6 (a) Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Stilwell to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

 City Attorney Don Freeman provided the closed session report indicating that the City Council had met in closed session to address four items as follows: on item 1, regarding the public employee performance evaluation of the City Engineer, there is no public announcement; on item 2, regarding the labor negotiations, there is no public announcement; on item 3, relative to the item of potential litigation, one item was discussed and there is no public announcement; finally on item 4, regarding the property negotiations of the Flanders Mansion lease, the City continues to negotiate potential a potential lease and at the same time, the City continues its marketing efforts attempting to attract a lessee to the property as well.

Mayor Burnett stated that he had recused himself from the closed session discussion on the Flanders Mansion lease item because of a personal relationship with a potential party who had submitted an application to lease the property.

C. Announcements from City Administrator.

1. Introduction of Community Planning & Building Director.
 

City Administrator Stilwell introduced Rob Mullane and stated that on October 17, 2017 in the foyer of the Sunset Center, the City will host a reception to introduce all five Department Directors and inform the community about the role and functions of each department in the City's organizational chart.

2. Introduction of Fire Chief

City Administrator Stilwell, along with Chief Calhoun, introduced Fire Chief Panholzer who talked about his commitment to serve the community.

3. Summary Report from Monday's Workshop

City Administrator Stilwell introduced Administrative Services Director, Susan Paul.  Administrative Services Director Paul provided the report highlighting the key components of the plan, which include improvements to the IT infrastructure; stated that the plan has 16 strategic goals and 23 key initiatives that over time will be translated into projects; that as part of the public outreach input will be solicited via three workshops which will be held on September 24 at 5:30 p.m. and again on September 25 at 11:30 a.m. and again at 2 p.m., in the council chambers.

4. 4th Quarter Financial Report

City Administrator Stilwell provided the 4111 Quarter Financial update.

5. Update on 2013 Key Initiatives

City Administrator Stilwell presented an update on the 2013 key initiatives.
 

VII. CONSENT CALENDAR

J. Consideration of a Resolution awarding a construction contract to Don Chapin Company, the lowest responsible bidder, for the 2013 Street Projects for a not to exceed amount of $443,860 and approval of $66,579 for project contingency, engineering and other related projects costs.

K. Consideration of a Resolution awarding a construction contract to Monterey Peninsula Engineering, Inc., the lowest responsible bidder, for the Santa Fe and Fourth Storm Drain Relocation Project for a not to exceed amount of $324,030 and approval of an amount not to exceed of $48,605 for project contingency, engineering and other related projects costs.

N. Consideration of a Resolution adopting the Memoranda of Understandings (MOUs) between the City of Carmel-by-the-Sea General Employees Union- an affiliate of the Laborers' International Union of North America, United Public Employees of California, LIUNAIUPEC, Local 792, AFLCIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers' International Union of North America, United Public Employees of California, LIUNAIUPEC, Local 792, AFL-CIO.

O. Consideration of a Resolution authorizing the City Administrator to amend existing contracts with Mark Alcock related to the City's ongoing information technology requirements and professional examiner services in an amount not to exceed $43,500 for contract ma-sec-ma-002-2013 and $60,000 for contract ma-examiner-003-2013.

Q. Receive the 4th Quarter City financial report.

Mayor Burnett inquired if council wished to pull any items. Council Member Beach had questions regarding the financial report, which City Administrator Stilwell answered. She offered additional comments regarding the Code Compliance log and Public Records and Media Request Log.

Council Member Talmage indicated he wished to pull items J, K, Land N for comment and/or discussion.

Councj] Member Talmage questioned the responsibility for the design of projects in items J and

K. On item N, he expressed his gratitude to the City's employees for going three years without a pay increase.

Council Member TALMAGE moved to approve consent items A, B, C, D, F, G, I, M, N, O, P, Q and R. Seconded by Council Member THEIS. Motion carried unanimously.

VII.(J) (K) Consideration of a Resolution awarding a construction contract to Don Chapin Company, the lowest responsible bidder, for the 2013 Streets Project and Consideration of a Resolution awarding a construction contract to Monterey Peninsula Engineering, Inc., the lowest responsible bidder, for the Santa Fe and Fomih Storm Drain Project.

Council Member Talmage requested that someone on staff be responsible for the aesthetics of the final product.

Mayor Burnett opened the meeting to public comment at: 5:18p.m.

Barbara Livingston and Karen Ferlito addressed Council.

Shennan Low, City Engineer addressed Council and public questions.

Mayor Burnett, seeing no additional comments, closed the public comment at: 5:21p.m.

Council Member TALMAGE moved to approve items J and K subject to the four criteria Mayor Burnett described. Motion seconded by Council Member BEACH.

Council Member HILLYARD then offered a substitute motion to approve items J and K as presented. Motion seconded by Council Member THEIS.

Council Member Beach amended Council Member Hillyard's substitute motion to approve contracts as stated with the reguest that the City Administrator and the rest of the applicable staff take a look at the projects from a design guideline standpoint and make any necessary change orders. Council Member Hillyard accepted the amendment.

For the record the motion was clarified as:

Council Member HILLYARD offered a substitute motion to approve items J and K incorporating the stated amendment. Motion seconded by Council Member THEIS.

Mayor Burnett further clarified motion as: motion to approve both of these items and both of these resolutions; and to provide direction to staff on the four elements identified earlier. Motion carried unanimously.

VIII. ORDERS OF COUNCIL

B. Consideration of an appeal of the Planning Commission's decision to deny an application for a plan revision (DS 12-111) to install a metal roof on a residence located at the SE comer of Ocean A venue and Carmela Street and Sixth Avenue in the Single-Family Residential (R-1) Zoning District. The applicant is Bill Hayward.

Marc Wiener, Senior Planner presented the staff report.

Chris Bouquet, Representative of Stoker and Allaire Construction Company, indicated that he was the designer and general contractor for the project and spoke about the proposal.

Bill Hayward, the appellant, addressed the Council.

Mayor Burnett opened the meeting to public comment at:7:40 p.m.

Adam Jeselnick, Jonathan Sapp, Roberta Miller, Barbara Livingston and Monta Potter all addressed Council.

Bill Hayward appellant spoke about the metal railing and made closing comments about the project.

Mayor Burnett, seeing no additional comments, closed the public comment at: 7:51p.m.

Rob Mullane, Community Planning and Building Services Director, asked the applicant to collect data on water capture from fog and dew.

Mr. Mullane suggested that it be best to have separate motions to approve the two items, one the zinc roof and the other, the metal railing issue.

Council Member BEACH moved to approve the zinc roof and not the metal railing. Motion seconded by Council Member HILLYARD. Motion carried by the following roll call vote:

Council Member Talmage introduced an amendment in the form of an extra condition of approval that the applicant is to collect information on water harvesting statistics and provide that information to the City.

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

Council recessed at 8:03p.m., and reconvened at 8:18p.m.

Mayor Burnett thanked the employee groups for their cooperation in working with the city in negotiating the MOU' s.

D. Received an update on Carmel's Water Conservation Work Plan

Marc Wiener, Interim Senior Planner, presented the staff report.

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REGARDING MOTIONS FOR OFFICIAL NOTICE

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 REGARDING MOTIONS FOR OFFICIAL NOTICE document is embedded. IT IS RULED that:
1. Surfrider Foundation’s (Surfrider) Motion for Official Notice of State Water Resource Control Board’s Cease and Desist Order WR 2009-0060 is granted.
2. Surfrider’s Motion for Official Notice of the Commission’s Policy Statement regarding Greenhouse Gas Performance Standards Emissions (October 6, 2005) is denied.
3. Surfrider’s Motion for Official Notice of State Water Resource Control Board’s Notice of Application 30215A and Draft Permit for Diversion and Use of Water (September 16, 2012) is denied.
4. No later than October 31, 2013, California-American Water Company shall file a compliance filing with the correct State Water Resource Control Board Draft Permit cited in the Proposed Settlement for Plant Size and Operation, filed on July 31, 2013.
5. Marina Coast Water District’s Motion for Official Notice of the Court of Appeal, Sixth Appellate District Opinion in Case No. H038550, Ag Land Trust v. Marina Coast Water District is granted, but I clarify that the environmental documents in this proceeding do not tier from or rely on the environmental impact report certified in Decision 09-12-017 issued in Application 04-09-019.

Alj's Ruling Regarding Motions for Official Notice Filing Date 10-02-13

ADMINISTRATIVE LAW JUDGE’S RULING REGARDING MOTIONS FOR OFFICIAL NOTICE

Carmel Art Association Presents BRADFORD, SMITH & TORRES GROUP SHOW ‘3 DIMENSIONS’ AND INSTALLATION

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.

Thursday, October 3 – Tuesday, November 5, 2013

 
Carmel Art Association Presents BRADFORD, SMITH & TORRES GROUP SHOW ‘3 DIMENSIONS’ AND INSTALLATION

GROUP SHOW “3 DIMENSIONS:”
Cyndra Bradford exhibits view of the coast in oil. And view four oil painting images, including “California Hills,” “Lone Cypress of Big Sur,” “Above the Sea” and “Bixby Calm.

”Jeff Daniel Smith exhibits large scale abstracted land, sea and forest themes in oil. And view five oil painting images including “Green Shadows,” “California Hills Two,” “Red Barn,” “Rices Grove" and "Oak Shadows."

Gustavo Torres exhibits bronze sculpture and original plasters. And view four bronze images including “Equus,” “Volar,” “Espanola” and “Angel On Wheel.”

INSTALLATION
Dias De Los Muertos – Altar Installation

Honoring the memory of colleagues, mentors, friends and family. Artist members and the community are welcome to place photos and small items on the altar.

Opening Reception:  Saturday, October 5, 5:00 P.M. – 7:00 P.M. 

PAINTING DEMONSTRATION
October 12, 2013

In conjunction with the "3 Dimensions" show, Cyndra Bradford & Jeff Daniel Smith offer tips and techniqueswithoiloncanvas.
Jeff Daniel Smith: 11:00 A.M.- 1:00 P.M.
Cyndra Bradford: 2:00 P.M. - 4:00 P.M.

ADDENDUM:

Carmel Art Association on facebook

Carmel Art Association on youtube

FIFTH ANNUAL CARMEL ART & FILM FESTIVAL, 2013

ABSTRACT: The FIFTH ANNUAL CARMEL ART & FILM FESTIVAL (CAFF), 2013 is scheduled to occur from Wednesday, October 9 – Sunday, October 13, 2013. Links to The People, Festival Schedule Date / Time, and Tickets are presented. The CAFF features Film, Art & Photography and Music. Films scheduled to be shown at SUNSET CENTER (San Carlos at Ninth Avenue, Carmel), ADOBE THEATER (Sunset Center, Studio 105B), CHERRY CENTER FOR THE ARTS (Guadalupe St. & 4th Av., Carmel-by-the-Sea), CARMEL HIGH PERFORMING ARTS CENTER (3600 Ocean Avenue) and CARMEL BEACH are featured. The films represent four categories: Narrative Feature, Documentary, Short, and Student. The featured thirty-one films: “The Square” (2013), “Killer B3” (2011), “Barefoot Artist” (2013), “16 Acres” (2012), “The Oyler House, Richard Neutra’s Desert Retreat” (2012), “50 Year Old Freshman: Suzanne Helm-Bowen” (2010), “Anatomy of the Tide” (2012), “Tim’s Vermeer” (2013), “Forty Years From Yesterday” (2013), “9 Full Moons” (2013), “The Trouble Man” (2013), “This American Journey” (2012), “Red Obsession” (2013), “High and Hallowed: Everest 1963” (2013), “William and The Windmill” (2013), “Trust, Greed, Bullets and Bourbon” (2013), “The Past” (2013), “Botso, The Teacher From Tbilisi” (2013), “Into the Mind” (2013), “North Canyon: Nazare Calling by Garrett McNamara”, “Kwanini?” (2011), “Medora” (2013), “The Genius of Marian” (2013), “Go With Le Flo” (2013), “Amazon Gold” (2012), “A River Changes Course” (2013), “Birders, The Central Park Effect” (2012), “The Moment” (2013), “Big Sur” (2013), “Running for Jim” (2013) and “The Last of the Unjust” (2013) with links to websites, IMDb information and trailers.

FIFTH ANNUAL CARMEL ART & FILM FESTIVAL, 2013 - FEATURED FILMS
(listed by date & time, Thursday, October 10 – Sunday, October 13, 2013)

THURSDAY, OCTOBER 10, 2013

“The Square” (2013)
"Al Midan" (original title)
Documentary | Comedy | Drama - 104 minutes - IMDb

Bring Your Own Doc : The Square, Egypt's Revolution Doc with Sundance Winner Dir. Jehane Noujaim
Sunset Center Main Auditorium @ 7:30 p.m.

“Killer B3” (2011)
Documentary | Music - 93 minutes - IMDb

Killer B3 Trailer (Extended)
Sunset Center - 1:00 P.M.

“Barefoot Artist” (2013)

Documentary | Biography | Family - 95 minutes - IMDb

“Barefoot Artist”
Sunset Center - 4:00 P.M.

“16 Acres” (2012)
 Documentary | History | News - 95 minutes - IMDb

A Design Film Festival 2013: 16 Acres
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 10 A.M.

“The Oyler House, Richard Neutra’s Desert Retreat” (2012) Documentary | Biography | History - 45 minutes - IMDb

The Oyler House: Richard Neutra's Desert Retreat - OFFICIAL TRAILER from Mike Dorsey on Vimeo.
The Oyler House: Richard Neutra's Desert Retreat - OFFICIAL TRAILER
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 1:00 P.M.

“50 Year Old Freshman: Suzanne Helm-Bowen” (2010)
Documentary | History | News – 84 minutes - IMDb

50 year old FRESHMAN Suzanne Heim-Bowen TRAILER
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 4:00 P.M.

FRIDAY, OCTOBER 11, 2013

 “Anatomy of the Tide” (2012) Drama - IMDb

Anatomy Of The Tide - Trailer- YouTube.flv
Sunset Center Main Auditorium - 3:30 P.M.

“Tim’s Vermeer” (2013)
Documentary - 80 minutes - IMDb

TIMS VERMEER Clip | Festival 2013
Sunset Center Main Auditorium – 7:30 P.M.

“Forty Years From Yesterday” (2013)

Drama - 77 minutes - IMDb

LA Film Fest (2013) - Forty Years from Yesterday Trailer - Drama Movie HD
Carmel High School Performing Arts Center, Hwy. One & Ocean Ave., Carmel – 4:00 P.M.

“9 Full Moons” (2013
 Drama | Romance - IMDb

9 full moons - new trailer from Tomer Almagor on Vimeo.

9 full moons - new trailer
Carmel High School Performing Arts Center, Hwy. One & Ocean Ave., - 7:30 P.M.

 “The Trouble Man” (2013)
Comedy | Crime | Mystery – 42 minutes - IMDb

THE TROUBLE MAN Trailer
Adobe Theater, Sunset Center – 1:00 P.M.

“This American Journey” (2012)
 Documentary | Comedy | Drama – 100 minutes - IMDb
Adobe Theater, Sunset Center – 4:00 P.M.

“Red Obsession” (2013)
 Documentary | History | News – 75 minutes - IMDb

Red Obsession: Trailer
Adobe Theater, Sunset Center – 7:30 P.M.

“High and Hallowed: Everest 1963” (2013)
Documentary | Adventure | History – 49 minutes - IMDb

High and Hallowed: 1963 - Official Trailer from High & Hallowed on Vimeo.

High and Hallowed: 1963 - Official Trailer
Carl Cherry Center for the Arts, Guadalupe St., Carmel - 1:00 P.M.

“William and The Windmill” (2013)
 Documentary | Biography | Drama - 88 minutes - IMDb

William and The Windmill - Official Trailer
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 4:00 P.M.

“Trust, Greed, Bullets and Bourbon” (2013)

Crime | Drama - 85 minutes
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 7:00 P.M.

SATURDAY, OCTOBER 12, 2013

“The Past” (2013)
Drama | Mystery - 130 minutes - IMDb

Asghar Farhadi New Film Trailer - The Past ( le Passe )
Sunset Center Main Auditorium - 8:00 P.M.

“Botso, The Teacher From Tbilisi” (2013)

Documentary | Music - 82 minutes - IMDb

“Botso, The Teacher From Tbilisi”
Carmel High School Performing Arts Center, Hwy. One & Ocean Av., Carmel – 4:00 P.M.

“Into the Mind” (2013)
Documentary | Sport - IMDb

Into The Mind - Official Teaser from Sherpas Cinema on Vimeo.

Into The Mind - Official Teaser
Carmel High School Performing Arts Center, Hwy. One & Ocean Av., Carmel – 8:00 P.M.

“North Canyon: Nazare Calling by Garrett McNamara”
Documentary - 58 minutes - IMDb

GARRETT MCNAMARA SURFS A HUGE WAVE AT ZON NORTH CANYON, NAZARÉ, PORTUGAL
Carmel Beach, Ocean Av. & Del Mar Av., Carmel-by-the-Sea – 8:15 P.M.

“Kwanini?” (2011)

Documentary - IMDb

Tanzania A Friendship Journey
Adobe Theater, Sunset Cultural Arts Center - 10:00 A.M.

“Medora” (2013)
Documentary | Sport – 100 minutes - IMDb

MEDORA (Documentary) -- HELP REACH OUR NEW GOAL OF 65K!
Adobe Theater, Sunset Cultural Arts Center – 1:00 P.M.

“The Genius of Marian” (2013)

Documentary | Drama | Family – 85 minutes - IMDb

The Genius of Marian trailer
Adobe Theater, Sunset Cultural Arts Center – 4:00 P.M.

“Go With Le Flo” (2013)
Romance - IMDb

Go with Le Flo trailer from Guildhall Pictures on Vimeo.

Go with Le Flo trailer
Adobe Theater, Sunset Cultural Arts Center – 8:00 P.M.

“Amazon Gold” (2012)

Documentary – 53 minutes - IMDb

Amazon Gold 4 minute trailer
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 10:00 A.M.
Special Environmental Program, Saturday October 12

“A River Changes Course” (2013)
Documentary | Drama - 83 minutes - IMDb

A RIVER CHANGES COURSE - OFFICIAL TRAILER
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 12:30 P.M.

“Birders, The Central Park Effect” (2012)

Documentary  - IMDb

Birders: The Central Park Effect - Official Trailer

Carl Cherry Center for the Arts, Guadalupe St., Carmel – 4:00 P.M.

SUNDAY, OCTOBER 13, 2013

 “The Moment” (2013)
Thriller - 90 minutes - IMDb

The Moment, a Film by Jane Weinstock
Sunset Center Main Auditorium - 11:00 A.M.

“Big Sur” (2013)

Drama – 100 minutes - IMDb

Sundance (2013) - Big Sur Official Trailer #1 (2013) - Sundance Movie HD
Sunset Center Main Auditorium – 1:00 P.M.

 “Running for Jim” (2013)

Documentary | Biography | Drama - 78 minutes - IMDb

Running for Jim Trailer
Carmel High School Performing Arts Center, Hwy. One & Ocean Av., Carmel – 3:30 P.M.

"The Last of the Unjust" (2013)
Le dernier des injustes" (original title)

Documentary – 220 minutes - IMDb

THE LAST OF THE UNJUST Clip | Festival 2013
Carl Cherry Center for the Arts, Guadalupe St., Carmel – 12:00 P.M.