ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR ATTORNEYS' FEES OF CALIFORNIA-AMERICAN WATER CO. AND MONTEREY COUNTY WATER RESOURCES AGENCY, CALIFORNIA-AMERICAN WATER CO., Plaintiff, vs. MARINA COAST WATER DISTRICT, ET AL., Defendants. AND RELATED CROSS ACTIONS (Case No. CGC- 13-528312)

ABSTRACT: RE: SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, CALIFORNIA-AMERICAN WATER CO., Plaintiff, vs. MARINA COAST WATER DISTRICT, ET AL., Defendants. AND RELATED CROSS ACTIONS, Case No. CGC- 13-528312, Curtis E.A. Karnow, Judge of the Superior Court, County of San Francisco, issued his ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR ATTORNEYS' FEES OF CALIFORNIA-AMERICAN WATER CO. AND MONTEREY COUNTY WATER RESOURCES AGENCY on August 25, 2015. Conclusion Monterey's is entitled to $480,651.50 in fees. Cal-Am is entitled to fees of $1,354,172.32. The ORDER document copy is embedded; and MINUTES, MOTIONS FOR ATTORNEY'S FEES document copy is also embedded.

REFERENCE:

Cal Am, Monterey County awarded $1.8 million in attorney fees from Marina Coast Water
By Jim Johnson, Monterey Herald
Posted: 08/28/15

ORDER SFSC 8-25-15

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR ATTORNEYS' FEES OF CALIFORNIAAMERICAN WATER CO. AND MONTEREY COUNTY WATER RESOURCES AGENCY
Curtis E.A. Karnow, Judge of the Superior Court, County of San Francisco
August 25, 2015

CGC-13-528312 Minutes 08-25-15

MINUTES
MOTIONS FOR ATTORNEY'S FEES
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
August 25, 2015

CITY COUNCIL: SPECIAL/WORKSTUDY MEETING, 31 August 2015

Special-workstudy Meeting 8-31-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
SPECIAL / WORKSTUDY MEETING
Monday, August 31, 2015
CLOSED SESSION 4:30 P.M.
OPEN SESSION 5:30 P.M.
(includes 2015-2023 Housing Element, City of Carmel-by-the-Sea, Draft, August 2015)

Eight Noteworthy 1 September 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Eight Noteworthy 1 September 2015 City Council Regular Meeting Agenda Items are featured, including ANNOUNCEMENTS, PUBLIC APPEARANCES, Monthly Reports for the Month of July including Contracts With the City Administrator, Community Planning and Building Department Reports, Police, Fire, Ambulance and Beach Reports, Public Records Act Request Logs – City Clerk and Police, Foresters Report and City Treasurer’s Report, Adopting Resolutions Authorizing Professional Services Agreements for Auditing Services, Shoreline Management Technical Assistance and Engineering Services for Streets and Storm Drainage Improvements, Adoption of a Resolution adjusting the City Attorney’s Employment Agreement, Approve Response to the Monterey County Civil Grand Jury Findings and Recommendations, Adoption of a Resolution Creating a New Capital Improvements Project, Sunset Center Master Plan, and Authorizing a Budget for said Project and Expenditures of Said Monies and Extension of Beach Fires Moratorium Urgency Ordinance 2015-005. Council Reports and supporting materials are embedded as document copies.  

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

REGULAR MEETING

Tuesday, September 1, 2015

AGENDA 09-01-15

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, September 1, 2015

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE, 4:30 P.M.

ANNOUNCEMENTS
Announcements will be made by the Mayor and Council Members, City Administrator, and/or City Attorney as applicable.

CLOSED SESSION

1. Labor Negotiations
Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

2. Conference With Legal Counsel – Anticipated Litigation
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 2 cases

3. Public Employee Performance Review
Government Code Section 54957
Title: City Administrator
Title: City Attorney

PUBLIC APPEARANCES
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting.

CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

5. Monthly Reports for the Month of July
a. Contracts With the City Administrator
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Foresters Report
f. City Treasurer’s Report

Monthly Reports 09-01-15

6. AB 1001 Adopting Resolutions Authorizing Professional Services Agreements for Auditing Services, Shoreline Management Technical Assistance and Engineering Services for Streets and Storm Drainage Improvements

Professional Services Agreements 09-01-15

9. AB 1004 Adoption of a Resolution adjusting the City Attorney’s Employment Agreement

City Attorney's Employment Agreement 09-01-15

20. AB 1012 Approve Response to the Monterey County Civil Grand Jury Findings and Recommendations

Response to the Monterey County Civil Grand Jury 09-01-15

ORDERS
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

22. AB 1014 Adoption of a Resolution Creating a New Capital Improvements Project, Sunset Center Master Plan, and Authorizing a Budget for said Project and Expenditures of Said Monies

Sunset Center Master Plan 09-01-15

PUBLIC HEARINGS
Public Hearings consist of Zoning amendments, General Plan amendments, appeals of Commission decisions and other State-mandated items. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have an opportunity to rebut public comments. Other speakers will be allowed three minutes.

23. AB 1017 Extension of Beach Fires Moratorium Urgency Ordinance 2015-005

Extension of Beach Fires Moratorium Urgency Ordinance 09-01-15

Extension of Beach Fires Moratorium Urgency Ordinance 2015-005

CITY COUNCIL: Minutes of the Special Meeting of August 3, 2015, Minutes of the Regular Meeting of August 4, 2015 & Minutes of the Special Meeting of August 6, 2015

Minutes 09-01-15

CITY COUNCIL
Minutes of the Special Meeting of August 3, 2015
Minutes of the Regular Meeting of August 4, 2015
Minutes of the Special Meeting of August 6, 2015

CITY OF CARMEL-BY-THE-SEA ADOPTED ANNUAL BUDGET FY 2015-16

Carmel Adopted Annual Budget FY 2015-16

CITY OF CARMEL-BY-THE-SEA

ADOPTED ANNUAL BUDGET
FY 2015-16

COMPLAINT FOR DAMAGES: JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. Case No. M132929, SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY- UNLIMITED JURISDICTION

ABSTRACT: On August 7, 2015, Jennifer Da Silva filed a COMPLAINT FOR DAMAGES against CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive. FIRST CAUSE OF ACTION 42 U.S.C. § 1983-VIOLATION OF CIVIL RIGHTS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); SECOND CAUSE OF ACTION FALSE IMPRISONMENT (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); THIRD CAUSE OF ACTION BATTERY (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FOURTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); FIFTH CAUSE OF ACTION MALICIOUS PROSECUTION (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SIXTH CAUSE OF ACTION INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE); SEVENTH CAUSE OF ACTION NEGLIGENCE (Against Defendants LUKE E. POWELL and CITY OF CARMEL-BY-THE-SEA); and EIGHTH CAUSE OF ACTION NEGLIGENCE (Against Defendants DOE 1, COUNTY OF MONTEREY, And MONTEREY COUNTY SHERIFF'S OFFICE).
PRAYER FOR RELIEF
WHEREFORE, Plaintiff respectfully prays for judgment against Defendants as follows:
1. For an award of compensatory damages from Defendants, jointly and severally, in an amount to be proven at trial;
2. For an award of punitive damages against the individual defendants sued in their personal capacity for all actions complained of, including those outside the scope of the employment;
3.For an award of attorneys' fees and cost of suit; and
4. For such other and fu1iher relief as the court may deem just and proper.
The COMPLAINT FOR DAMAGES document copy is embedded. Schedule Events includes Case Management Conference, December 8, 2015 at 9:00 A.M., Courtroom 14, Monterey Courthouse.

REFERENCE: Cell to Cell Cell phone squabble bloodies Carmel mom. David Schmalz, Posted: Thursday, August 27, 2015, MONTEREY COUNTY WEEKLY

Da Silva vs. City of Carmel Et Al. (m132929) Mcsc

COMPLAINT FOR DAMAGES

JENNIFER DA SILVA, Plaintiff, vs. CITY OF CARMEL-BY-THE-SEA; LUKE E. POWELL, individually and in his official capacity as a Police Officer for the CITY OF CARMEL-BY-THE-SEA; COUNTY OF MONTEREY; MONTEREY COUNTY SHERIFF'S OFFICE, and DOES 1 through 50, inclusive, Defendants. 

Case No. M132929

SUPERIOR COURT OF CALIFORNIA 

COUNTY OF MONTEREY- UNLIMITED JURISDICTION

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT, SPECIAL MEETING, AGENDA & MINUTES August 26, 2015

Governance Committee Special Meeting Agenda Packet 8-26-15

 GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT

SPECIAL MEETING, AGENDA PACKET
August 26, 2015

Proceeding Number A.12-04-019 SECOND AMENDED SCOPING MEMO AND RULING OF THE ASSIGNED COMMISSIONER

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the SECOND AMENDED SCOPING MEMO AND RULING OF THE ASSIGNED COMMISSIONER document copy is embedded. Summary This Second Amended Scoping Memo and Ruling of the assigned Commissioner extends the statutory deadline in this proceeding to December 31, 2016. Therefore, pursuant to Public Utilities Code Section 1701.5(b), an extension to December 31, 2016 for completion of this proceeding will permit reasonable time to complete environmental work, GWR Phase II, the Commission decision assessing CPCN (Certificate of Public Convenience and Necessity) issues (Phase I and Phase II) and environmental issues, and other possible contingencies. IT IS RULED that the statutory deadline for this proceeding is December 31, 2016.

Second Amended Scoping Memo and Ruling of the Assigned Commissioner 8-19-15

Filing Date 8-19-15
SECOND AMENDED SCOPING MEMO AND RULING OF THE ASSIGNED COMMISSIONER

In the Matter of the Complaint of Deborah Hidalgo, Complainant. vs. City Of Carmel-by-the-Sea Respondent: SETTLEMENT AGREEMENT AND GENERAL RELEASE, COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (DFEH NUMBER 196038-82594) & COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH No. 168394-160733)

ABSTRACT: Complaint Deborah Hidalgo, was “employed by the City as a Parking Enforcement Officer from 1987 to 1992, and has been reemployed as a Community Services Officer since 2005. Hidalgo has not been on any form of compensated employment status since June 2014. Hidalgo filed two different charges against the City with the California Department of Fair Employment & Housing, including DFEH Numbers 196038-82594 and 168394-160733,” according to the SETTLEMENT AGREEMENT AND GENERAL RELEASE. The COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (DFEH NUMBER 196038-82594) alleged “Discrimination, Harassment, Retaliation” involving the CITY OF CARMEL POLICE DEPARTMENT on or before March 10, 2013 and as a result was “Denied a work environment free of discrimination and/or retaliation, Denied equal pay, Denied family care or medical leave.” (Date Filed Dec 11, 2013).  The COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING Under the California Fair Employment and Housing Act (Gov. Code,§ 12900 et seq.) (DFEH No. 168394-160733) alleged “On or around June 01, 2014, complainant alleges that respondent took the following adverse actions against complainant: Discrimination, Retaliation Denied a good faith interactive process, Denied a work environment free of discrimination and/or retaliation, Denied family care or medical leave, Denied reinstatement, Other, . Complainant believes respondent committed these actions because of their: Disability.” (Date Filed: May 22, 2015). Finally, the SETTLEMENT AGREEMENT AND GENERAL RELEASE between the “City of Carmel-by-the-Sea (which includes without limitation the City's legislative bodies, the City Council and its members, the Police Department of the City of Carmel-by-the-Sea and all other departments, commissions, agencies, boards, predecessors, successors, subsidiaries, related entities, past, present, and future employees, officers, directors, managers, agents, affiliates, assigns, and insurers) (collectively, "the City") and Deborah Hidalgo (referred to herein as "Hidalgo") regarding any and all complaints grievances, charges, claims or causes of action that Hidalgo has or may have since the first date of her employment with the City until the date of execution of this Agreement,” dated July 21, 2015, includes a TERM of “The City and/or its agents will pay to Deborah Hidalgo and her attorneys, Michelle Welsh and the law firm of Stoner, Welsh & Schmidt, the lump sum of One hundred twenty five thousand dollars ($125,000.00) as full and final payment for any claim Hidalgo may have against City during the time of her employment, to be allocated by Hidalgo between herself and her attorneys, with Hidalgo to be responsible for any and all applicable taxes.” Document copies of the SETTLEMENT AGREEMENT AND GENERAL RELEASE, COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT (DFEH NUMBER 196038-82594) and COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH No. 168394-160733) are embedded.

(Hidalgo v Carmel) Fully Executed Sett Agmt, Release

SETTLEMENT AGREEMENT AND GENERAL RELEASE
Hidalgo v City of Carmel-by-the-Sea
DATED: 7-21-15

(Hidalgo) DFEH 196038-82594

COMPLAINT OF DISCRIMINATION UNDER THE PROVISIONS OF THE CALIFORNIA FAIR EMPLOYMENT AND HOUSING ACT
(DFEH NUMBER 196038-82594)
Hidalgo v City of Carmel-by-the-Sea
Date Filed Dec 11, 2013

(Hidalgo) DFEH 168394-160733

COMPLAINT OF EMPLOYMENT DISCRIMINATION BEFORE THE STATE OF CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING
(DFEH No. 168394-160733)
Hidalgo v City of Carmel-by-the-Sea
Date Filed: May 22, 2015

Proceeding Number A.12-04-019 RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO ADMINISTRATIVE LAW JUDGE WEATHERFORD’S RULINGS REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

ABSTRACT; Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO ADMINISTRATIVE LAW JUDGE WEATHERFORD’S RULINGS REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS document copy is embedded.  

Response of California-American Water Company to Alj's Ruling 7-28-15

Filing Date 7-28-15
RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY TO ADMINISTRATIVE LAW JUDGE WEATHERFORD’S RULINGS REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

Attachment 1 7-28-15

ATTACHMENT 1

Attachment 2 7-28-15pdf

ATTACHMENT 2

ATTACHMENT 3

   Attachment 4 7-28-15

ATTACHMENT 4

Proceeding Number A.12-04-019 RESPONSE OF GEOSCIENCE SUPPORT SERVICES, INC. TO ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the RESPONSE OF GEOSCIENCE SUPPORT SERVICES, INC. TO ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS document copy is embedded. 

Response of Geoscience Support Services, Inc. to Alj's Ruling 7-28-15

Filing Date 7-28-15
RESPONSE OF GEOSCIENCE SUPPORT SERVICES, INC. TO ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING DATA ON RATEMAKING AND GEOSCIENCE PATENTS

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES August 13, 2015

MPRWA Agenda Packet 8-13-15

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)

REGULAR MEETING AGENDA PACKET

August 13, 2015

MPRWA Minutes 08-13-15

DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
August 13, 2015

MARINA COAST WATER DISTRICT VS. CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA ET AL (Case Number: CGC 15-547125), Superior Court of California, County of San Francisco

ABSTRACT: On July 30, 2015, MARINA COAST WATER DISTRICT filed COMPLAINT OF MARINA COAST WATER DISTRICT FOR (1) BREACH OF WARRANTIES AND REPRESENTATIONS; (2) BREACH OF CONTRACT; (3) PROMISSORY ESTOPPEL; (4) UNJUST ENRICHMENT; AND (5) VIOLATION OF LAW OR CPUC ORDERS OR DECISIONS against CALIFORNIA-AMERICAN WATER COMPANY, a California corporation; MONTEREY COUNTY WATER RESOURCES AGENCY; and DOES 1 through 50, inclusive,Superior Court of California, County of San Francisco. The COMPLAINT: FIRST CAUSE OF ACTION (Breach ofWarranties and Representations -WPA) (Against Agency and Does 1-50); SECOND CAUSE OF ACTION (Breach of Contract- Repudiation) (Against Agency and Does 1-50); THIRD CAUSE OF ACTION (Breach of Contract-Repudiation) (Against CAW and Does 1-50); FOURTH CAUSE OF ACTION (Promissory Estoppel) (Against CAW, Agency and Does 1-50); FIFTH CAUSE OF ACTION (Quasi-Contract I Unjust Enrichment) (Against CAW and Does 1-50); SIXTH CAUSE OF ACTION (Breach of the Implied Covenant of Good Faith and Fair Dealing) (Against CAW, the Agency and Does 1-50); SEVENTH CAUSE OF ACTION (Public Utility Violation of Law, or Orders or Decisions ofthe CPUC) (Against CAW and Does 1-50)

PRAYER FOR RELIEF

WHEREFORE, plaintiff Marina Coast Water District prays for judgment as follows:

1. Marina be awarded compensatory damages from Agency and/or CAW for their respective breach of warranty and/or breach of contract;
2. In the alternative, Marina be awarded compensatory damages from CAW and/or Agency on Marina's Fourth and Fifth Causes of Action, as permitted by law;
3. Marina be awarded exemplary damages from CAW for the latter's violations of CPUC Rule of Practice and Procedure 1.1, D.10-08-008 and D.10-12-016.
4. That Marina recover from defendants its costs of suit herein, including attorney's fees incurred to the extent allowed by law.
For such other relief as the Court may deem just and proper in the circumstances.
A Case Management Conference is set for:
DATE: DEC-30-2015
TIME: 10:30AM
PLACE: Department 610
400 McAllister Street
San Francisco, CA 941 02-3680

Complaint Mcwd Cgc 15 547125 7-30-15

COMPLAINT OF MARINA COAST WATER DISTRICT FOR (1) BREACH OF WARRANTIES AND REPRESENTATIONS; (2) BREACH OF CONTRACT; (3) PROMISSORY ESTOPPEL; (4) UNJUST ENRICHMENT; AND (5) VIOLATION OF LAW OR CPUC ORDERS OR DECISIONS
JURY TRIAL DEMANDED

[Exempt from fees - Gov. Code § 61 03]

SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

MARINA COAST WATER DISTRICT, Plaintiff, v. CALIFORNIA-AMERICAN WATER COMPANY, a California corporation; MONTEREY COUNTY WATER RESOURCES AGENCY; and DOES 1 through 50, inclusive, Defendants
Case No.: CGC-15-547125

Case Management Conference CGC 15 547125

Case Management Conference
CASE NUMBER: CGC-15-547125 MARINA COAST WATER DISTRICT VS. CALIFORNIA-AMERICAN WATER COMPANY

REFERENCE:
Marina Coast returns suit against Cal Am, county seeking more than $18 million

By Jim Johnson, Monterey Herald

Posted: 08/05/15, 6:24 PM PDT 

CITY COUNCIL SPECIAL MEETING AUGUST 6, 2015: Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires

Carmel Beach is turning into a charcoal pit. 

CCC Bill Analysis W5b-3-2014

AB1102 (Allen) Public Resources Code: coastal resources

This bill would delay the implementation of any rule or regulation to eliminate or restrict beach burning in existing fire rings until such time as the local government with jurisdiction obtains a coastal development permit (CDP) to do so. The bill clarifies that any CDP issued to remove beach fire rings or restrict their use must comply with all requirements of the Coastal Act.

Introduced 02/22/13

Last Amended 01/17/14

Status Senate E.Q. Committee and Senate N.R. & W. Committee

Commission Position Recommend Support, analysis attached

AB-1102 Beach fire rings: coastal development permit.(2013-2014)

SECTION 1. Section 30607.8 is added to the Public Resources Code, to read:

30607.8.
(a) For purposes of this section, “beach fire ring” means a device in which recreational or ceremonial burning occurs that is located on a beach in the coastal zone.
(b) Notwithstanding subdivision (b) of Section 30005, the removal or restriction of the use of a beach fire ring by a city or county, including a charter city or charter county, shall be subject to the requirements of this division and any other applicable regulatory requirements.
(c) (1) An application for a coastal development permit to remove or restrict the use of a beach fire ring shall include an analysis of alternatives and mitigation measures that would avoid or minimize the need to remove or restrict the use of a beach fire ring.
(2) An application for a coastal development permit submitted pursuant to this section and that may be approved through a waiver procedure shall not be unreasonably denied by the commission at a public hearing. A decision on the application shall be expedited to the maximum extent feasible.
(d) Nothing in this section affects the applicability of Section 30414.
(e) Nothing in this section prohibits the City of Newport Beach from distributing charcoal free of charge for use in a beach fire ring within 700 feet of a residence.
SEC. 2.
The addition of Section 30607.8 to the Public Resources Code made by this act does not constitute a change in, but is declaratory of, existing law and clarifies potential conflicting interpretations.
SEC. 3.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

CALIFORNIA BEACHES
California Beach Bonfires

California Beach Bonfires Map

Newport Beach's fire rings comply with air quality rules, agency says
By Amy Senk
FEBRUARY 4, 2015

At last, California Coastal Commission says Newport Beach may keep its fire rings

By Hannah Fry
JUNE 11, 2015

Special Meeting Agenda Packet 8-06-15

CITY COUNCIL SPECIAL MEETING AGENDA PACKET
AUGUST 6, 2015
Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires.

FOREST AND BEACH COMMISSION & CITY COUNCIL: SPECIAL MEETINGS ON CARMEL BEACH FIRES

ABSTRACT: The FOREST AND BEACH COMMISSION is scheduled to conduct a Special Meeting on Wednesday, August 5, 2015 at 6:00 P.M. to 1. Discuss Air Quality and beach fire data, 2. Consider an Urgency Ordinance and options to restrict, move, or temporarily ban fires on Carmel Beach and 3. Provide recommendation to City Council on Urgency Ordinance. And the CITY COUNCIL is scheduled to conduct a Special Meeting on Thursday, August 6, 2015 at 4:30 P.M. for Consideration of: 1) An Urgency Ordinance to ban beach fires on Carmel Beach; or 2) An Urgency Ordinance banning all beach fires Friday through Sunday and Holidays; or 3) An Urgency Ordinance to implement the Pilot Beach Fire Program; or 4) Other options for restricting or relocating beach fires. The Agenda document copies are embedded.

F & B Commission Special Meeting Agenda 8-05-15

FOREST AND BEACH COMMISSION
SPECIAL MEETING AGENDA
Wednesday, 5 August 2015
6:00 p.m. – Special Meeting

Special Meeting Agenda 8-06-15

CITY COUNCIL
SPECIAL MEETING AGENDA
AUGUST 6, 2015
4:30 P.M.

Carmel Art Association Presents SOLO SHOW: ALICIA MEHEEN “TRAVELS WITH JACK” & GALLERY SHOWCASE: ROIANNE HART “BEACH LIFE,” DARIA SHACHMUT & STAN ROBBINS “FAST CARS, MOSTLY RED” & SPECIAL EVENT: HAPPY BIRTHDAY CAA! 88 YEARS & SPECIAL EVENT: JULIANEE BURTON-CARVAJAL BOOK SIGNING ‘ARTISTS’ HONEYMOON’ & DICK CRISPO PRESENTS SLIDE-SHOW/LECTURE & SPECIAL EVENT: LISA CRAWFORD-WATSON BOOK SIGNING ‘LEGENDARY LOCALS OF CARMEL-BY-THE-SEA’

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 SOLO SHOW: ALICIA MEHEEN “TRAVELS WITH JACK” & GALLERY SHOWCASE: ROIANNE HART “BEACH LIFE,” DARIA SHACHMUT & STAN ROBBINS “FAST CARS, MOSTLY RED” & SPECIAL EVENT: HAPPY BIRTHDAY CAA! 88 YEARS & SPECIAL EVENT: JULIANEE BURTON-CARVAJAL BOOK SIGNING ‘ARTISTS’ HONEYMOON’ & DICK CRISPO PRESENTS SLIDE-SHOW/LECTURE & SPECIAL EVENT: LISA CRAWFORD-WATSON BOOK SIGNING ‘LEGENDARY LOCALS OF CARMEL-BY-THE-SEA’

Thursday, August 6 – Tuesday, September 1, 2015

SOLO SHOW: ALICIA MEHEEN “TRAVELS WITH JACK”
“Over the past six decades my husband Jack and I have lived in and traveled to a multitude of inspiring locations from California to Iran. Travels With Jack is a retrospective exhibition of watercolors that I have had the joy of painting plein air on these journeys around the globe.” 

Alicia Meheen

GALLERY SHOWCASE: ROIANNE HART “BEACH LIFE,” DARIA SHACHMUT & STAN ROBBINS “FAST CARS, MOSTLY RED”

Artists Roianne Hart presents "Beach Life", figurative works in watercolor; Daria Shachmut shows figures in oil; Stan Robbins presents "Fast Cars, Mostly Red", a collection of new automotive oil paintings.

SPECIAL EVENT: HAPPY BIRTHDAY CAA! 88 YEARS
Saturday, August 8, 5:00 P.M. – 7:00 P.M.

Join us for our 88th Birthday Celebration and August Opening Reception.

SPECIAL EVENT JULIANEE BURTON-CARVAJAL BOOK SIGNING “ARTISTS’ HONEYMOON”
Saturday, August 15, 2015
As part of the month long 88th birthday celebration, "Artists' Honeymoon" author Julianee Burton-Carvajal, presents a book-signing at the CAA along with a musical performance. The book is based on hundreds of photographs by CAA Artist Member Rowena Meeks Abdy of her extended Monterey honeymoon with husband Harry Bennett Abdy from 1910 to 1920. Sponsored by Pilgrim's Way Books.  

Ticket information:  Call (831) 624-4955 or visit pilgrimsway.com

DICK CRISPO PRESENTS SLIDE-SHOW/LECTURE
Saturday, August 22, 7:00 P.M.
Artist Member and art historian Dick Crispo gives an entertaining and informative talk on the history and artists of the CAA. (Free)

SPECIAL EVENT LISA CRAWFORD-WATSON BOOK SIGNING “LEGENDARY LOCALS OF CARMEL-BY-THE-SEA”
Saturday August 29, 6:00 P.M. – 8:00 P.M.
Author Lisa Crawford-Watson will sign copies of her new book, “Legendary Locals of Carmel-by-the-Sea”. The book focuses on 40 prominent local writers and artists, past and present, including many CAA members. (Free) Sponsored by Pilgrim's Way Books.

Opening Reception: Saturday, August 8, 2015, 5:00 P.M. – 7:00 P.M.

ADDENDUM:
Carmel Art Association on facebook

Three Noteworthy 3 August 2015 City Council Workstudy/Special Meeting Agenda Items

ABSTRACT: Three Noteworthy 3 August 2015 City Council Workstudy/Special Meeting Agenda Items, namely CLOSED SESSION, Update on Contract Administration and Processing and Shoreline Assessment Presentation, are presented. Supporting materials are embedded.

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

WORKSTUDY/SPECIAL MEETING

Monday, August 3, 2015

CLOSED SESSION 4:30 P.M.

WORK STUDY SESSION 5:30 P.M.

Council Chambers, City Hall

East side of Monte Verde Street Between Ocean and Seventh Avenues

Agenda Work Study-Special Meeting 8-03-15

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
WORKSTUDY/SPECIAL MEETING
Monday, August 3, 2015

1. CALL TO ORDER and ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Talmage
Council Members: Beach, Dallas, Theis

3. CLOSED SESSION
Mayor Burnett will announce the Closed Session and ask for Public Comments on matters described in the following Closed Session Meeting Notice (Government Code Section 54957.6(a); 54957.7(a)).

3.A LABOR NEGOTIATIONS
Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

3.B CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 4 cases

5. ORDERS OF COUNCIL
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

5.A Update on Contract Administration and Processing
Recommendation: Receive an update on improvements that have been made to the City’s processing and oversight of purchasing, including contract administration.

5.A Update on Contract Administration and Processing 8-03-15.pdf

Update on Contract Administration and Processing

5.B Shoreline Assessment Presentation
Recommendation: Receive Presentation

5.B Carmel Shoreline Assessment Workshop 8-03-15

Shoreline Assessment Presentation

Nine Noteworthy 4 August 2015 City Council Regular Meeting Agenda Items

ABSTRACT: Nine Noteworthy 3 August 2015 City Council Regular Meeting Agenda Items are featured, including ANNOUNCEMENTS; PUBLIC APPEARANCES; Monthly Reports for June 2015; Authorize New Professional Services Agreement and Amendments to Various Existing Professional Services Agreements; Salary Revisions, New Job Descriptions, and Job Description Amendments; Establishing Salary Ranges for Certain Management Positions; Consideration of approval of fiscal year 2013-14 financial statement audit; Allocation of Marketing and Economic Development Budget – FY 2015-16; Consideration of a Planning Commission Recommendation Regarding Changes Proposed by Council 15 July on the Forest Theater; Consideration of a Second Amendment to the Agreement with Cody Anderson Wasney Architects for the Development of Schematic Designs and Construction Documents for Design Changes for Phase 1 of the Forest Theater Renovation Project in an Amount Not To Exceed $50,000. Supporting materials are embedded. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

REGULAR MEETING

Tuesday, August 4, 2015

TOUR OF INSPECTION – FOREST

THEATER 3:30 P.M.

Santa Rita between 7th Avenue and Mountain View Avenue

REGULAR MEETING 4:30 P.M.

Council Chambers, City Hall

East side of Monte Verde Street Between Ocean and Seventh Avenues

Agenda Regular Meeting 8-04-15

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, August 4, 2015

1. CALL TO ORDER and ROLL CALL
Mayor: Burnett
Mayor Pro Tem: Talmage
Council Members: Beach, Dallas, Theis

5. ANNOUNCEMENTS
5.A Announcements from Closed Session
5.B Announcements from City Council Members (Council Members may ask a question for clarification, make an announcement or report on his or her activities)

• Mayor Burnett will provide an oral report on his attendance at the League of California Cities Executive Forum in Monterey June 24-25, 2015.
5.C Announcements from the City Administrator

5.D Announcements from the City Attorney

• City Attorney Don Freeman will provide an oral update on the City’s Short-Term Rental Policy.

6. PUBLIC APPEARANCES
Anyone wishing to address the City Council on matters within the jurisdiction of the City and are not on the agenda may do so now. Matters not appearing on the City Council’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three (3) minutes, or as otherwise established by the City Council. Persons are not required to give their names, but it is helpful for speakers to state their names in order that the City Clerk may identify them in the minutes of the meeting. Always speak into the microphone, as the meeting is recorded.

7. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

7.C Monthly Reports for June:
a. Police, Fire, Ambulance and Beach Reports
b. Logs of Public Records Act Requests (City Clerk & Police)
c. Code Compliance Reports
d. Forester Report
e. Contracts with the City Administrator
f. City Treasurer’s Report
Recommendation: Accept the reports.

Monthly Reports June 2015 8-04-15

Monthly Reports for June 2015

7.I Authorize New Professional Services Agreement and Amendments to Various Existing Professional Services Agreements
Recommendation: Adopt resolutions authorizing the City Administrator to:
1. Execute a Professional Services Agreement with Revenue Cost Specialists, LLC for a user fee study for an amount not to exceed $24,750.
2. Execute Amendment No. 3 to Professional Services Agreement PBD-PSA-FOUR-006-13/14 with 4 Leaf, Inc. for contract permit technician services for an additional increase of $40,000 for a new total not to exceed amount of $172,000.
3. Execute Amendment No. 1 to Professional Services Agreement PBD-PSA-EMC-014-14/15 with EMC Planning Group for contract planner services for an additional increase of $15,000 for a new total not to exceed amount of $40,000.
4. Execute Amendment No. 5 to Professional Services Agreement ASD-PSA-MAR-003-13/14 PBD-PSA-EMC-014-14/15 with EMC Planning Group for contract planner services for an with MarTech for information technology services for an additional increase of $30,000 for a new total not to exceed amount of $285,000.

7.I New Professional Services Agreements and Amendments 8-04-15

Authorize New Professional Services Agreement and Amendments to Various Existing Professional Services Agreements

7.K Salary Revisions, New Job Descriptions, and Job Description Amendments
Recommendation: Adopt a Resolution Authorizing the City Administrator to: 1) Amend the Job Descriptions for Community Planning and Building Director and Forest Care Worker 2) Amend the Salary Range for Senior Planner and 3) Adopt the Job Description and Salary Range for the Planning Technician

7.K Salary Revisions, New Job Descriptions, And Job Description Amendments 8-04-15

Salary Revisions, New Job Descriptions, and Job Description Amendments

7.L Establishing Salary Ranges for Certain Management Positions
Recommendation: Adopt a Resolution Authorizing the City Administrator to Establish Salary Ranges for Certain Management Positions

7.L Salary Ranges for Certain Management Positions 8-04-15

Establishing Salary Ranges for Certain Management Positions

8. ORDERS OF COUNCIL
Orders of Council are agenda items that require City Council discussion, debate and/or direction.

8.A Consideration of approval of fiscal year 2013-14 financial statement audit.
Recommendation: Accept and approve the Independent Auditor’s Report for the Year Ended June 30, 2014.

8.a Fiscal Year 2013-14 Financial Statement Audit 8-04-15

Consideration of approval of fiscal year 2013-14 financial statement audit.

8.B Allocation of Marketing and Economic Development Budget – FY 2015-16
Recommendation: Consider options and provide direction to staff

8.B Allocation of Marketing and Economic Development Budget 8-04-15

Allocation of Marketing and Economic Development Budget – FY 2015-16

8.C Consideration of a Planning Commission Recommendation Regarding Changes Proposed by Council 15 July on the Forest Theater; Consideration of a Second Amendment to the Agreement with Cody Anderson Wasney Architects for the Development of Schematic Designs and Construction Documents for Design Changes for Phase 1 of the Forest Theater Renovation Project in an Amount Not To Exceed $50,000
Recommendation: Adopt the resolution authorizing the City Administrator to execute a Second Amendment to Agreement with Cody Anderson Wasney Architects (CAW) for the development of schematic designs and construction documents for design changes for Phase 1 of the Forest Theater Renovation Project in an amount not to exceed $50,000.

8.C Forest Theater Renovation Project 8-04-15

Consideration of a Planning Commission Recommendation Regarding Changes Proposed by Council 15 July on the Forest Theater; Consideration of a Second Amendment to the Agreement with Cody Anderson Wasney Architects for the Development of Schematic Designs and Construction Documents for Design Changes for Phase 1 of the Forest Theater Renovation Project in an Amount Not To Exceed $50,000

CITY COUNCIL: Minutes of the Special Meeting of July 6, 2015, Minutes of the Regular Meeting of July 7, 2015 & Minutes of the Special Meeting of July 15, 2015

Minutes July 6, 7, 15, 2015 8-04-15

CITY COUNCIL
Minutes of the Special Meeting of July 6, 2015
Minutes of the Regular Meeting of July 7, 2015
Minutes of the Special Meeting of July 15, 2015