Friday, August 18, 2017

City Administrator Chip Rerig: FRIDAY LETTER, August 18, 2017

FRIDAY LETTER August 18, 2017
Holy Week (car week) - Giving Thanks
Fake Solar Eclipse Glasses
New Hires Making a Contributions
New Bilingual Children' Book Collection
Martin Meadow Mowing
Pavement Management System Update
New Flags
Devendorf Pond - not Devendorf's Pond
Mayor Pro Tem Carrie Theis
Happening at at Sunset Center
Coming up at Sunset Center
Next week

PUBLIC RECORDS ACT REQUEST NUMBER 2017-001: 2016 annual salary survey – employee total pay, benefits, CalPERS contributions, allowances, etc.

ABSTRACT:  On January 3, 2017, Mary Schley, reporter, The Carmel Pine Cone, submitted a public records act request requesting “annual salary survey for 2016, showing employee total pay, overtime, benefits, CalPERS contributions, allowances, etc.”  Ten days later, on January 13, 2017, Sharon Friedrichsen responded stating “Attached please find copies of: The annual salary survey for 2016, showing employee total pay, overtime, benefits, CaiPERS contributions, allowances, etc.” The 2016 CITY OF CARMEL-BY-THE-SEA ANNUAL EARNINGS document copy is embedded, arranged in columns A-Z and AA-AR with the following categories: EMPLOYEE NAME, POSITION, SALARY-MANAGEMENT, SALARY-REGULAR, CITY COUNCIL, PART-TIME, SALARY-AMBULANCE, HOURLY-AMBULANCE, CITY ATTORNEY, ANIMAL CONTROL PAY, AUTO ALLOWANCE, CELL PHONE ALLOWANCE, EDUCATION INCENTIVE, BEREAVEMENT LEAVE, BI-LINGUAL NO PERS, COMP TIME USED, EDUCATION PAY, FLSA-OVERTIME, GENERAL LEAVE, HOLIDAY AMBULANCE, HOLIDAY LEAVE, HOLIDAY POLICE, LONGEVITY PAY, MANAGEMENT LEAVE, MATRON PAY, OPT OUT OFMEDICAL, OVERTIME, RETRO PAY, RETRO PAY OVERTIME,  FLSA OT-NOT PERSED, SICK LEAVE, SHIFT DIFF TIME USES, OUT OF CLASS PAY, UNIFORM ALLOWANCE, VACATION LEAVE,  ACTING WATCH CMDR, WRKS-COMP. (NO -TAX), EMPLOYER PERS, ER PAID DEF COMP, ER LIFE INSURANCE, ER AD&D INSURANCE, TOTAL.

PRA 2017-001 Request & Response by L. A. Paterson on Scribd

PRA 2017-001 REQUEST & RESPONSE




2016 CITY OF CARMEL-BY-THE-SEA ANNUAL EARNINGS

REFERENCE:
REQUEST NUMBER 2017-001
REQUEST DATE 1/3/2017
STATUS Completed
COMPLETED DATE 1/13/2017
REQUESTOR Mary Schley, Carmel Pine Cone

INFORMATION REQUESTED 2016 annual salary survey – employee total pay, benefits, CalPERS contributions, allowances, etc.

PUBLIC RECORDS ACT REQUEST NUMBERS 2019-001 & 2017-041: Carmel's Employee Compensation Report for the 2016 year

ABSTRACT:  On January 19, 2017, Rachel Vogel, American Transparency, submitted a public records act request requesting “An electronic copy of any and all active employee salaries for 2016.”  Eleven days later, on January 30, 2017, Leslie Fenton, Executive Assistant, responded stating “Pursuant to the Public Records Act this is a request for a copy of the following record(s): An electronic copy of any and all active employee salaries for 2016.”  And on March 30, 2017, Robert Fellner, Research Director, Transparent California, submitted a public records act request requesting “a copy of Carmel's Employee Compensation Report for the 2016 year.”  That day, on March 30, 2017, Ashlee Wright, City Clerk, responding stating “Attached please find copies of: Carmel's Employee Compensation Report for the 2016 year.”The 2016 Carmel-by the Sea Payroll document copy is embedded, arranged in colums A-M with the following categories: Employee First Name, Employee Last Name, Position/Title, Min Classification, Max Classification, Regular Pay, Overtime, Other Pay, Total Wages,  Employer Def Comp, Employer Medical/Dental/Vision, Employer PERS, Pension Formula
PRA 2017-011 REQUEST & RESPONSE
PRA 2017-041 REQUEST & RESPONSE


2016 CARMEL-BY-THE-SEA PAYROLL

REFERENCES:
REQUEST NUMBER 2017-011
REQUEST DATE 1/19/2017
STATUS Completed
COMPLETED DATE 1/30/2017
REQUESTOR Rachel Vogel American Transparency
INFORMATION REQUESTED  Electronic copy of any and all active employees salaries for 2016. Same data which is currently being reported to the California State Controller's Office by your agency, but we want the employee names to be included in the data dictionary.

REQUEST NUMBER 2017-041
REQUEST DATE 3/30/2017
STATUS Completed
COMPLETED DATE 3/30/2017
REQUESTOR Robert Fellner Transparent California
INFORMATION REQUESTED Carmel's Employee Compensation Report for the 2016 year

Thursday, August 17, 2017

Stanford scientists map seawater threat to California Central Coast aquifers

Stanford geophysicist measures saltwater intrusion into underground freshwater


Stanford News Service
March 13, 2017
Stanford scientists map seawater threat to California Central Coast aquifers
Scientists use Earth-imaging technologies to study the intrusion of saltwater into freshwater aquifers along the California coast.


Journal of Hydrology

Volume 551, August 2017, Pages 746-755
Research papers

Resistivity imaging reveals complex pattern of saltwater intrusion along Monterey coast





REFERENCE:
WATER MANAGEMENT

Jim Johnson 08/16/17

Wednesday, August 16, 2017

Complaint Number COM-06072017-01036: Ian Martins’ Sworn Complaint with the Fair Political Practices Commission, June 7, 2017

ABSTRACT:  The Fair Political Practices Commission is a five-member independent, non-partisan commission that has primary responsibility for the impartial and effective administration of the Political Reform Act. The Act regulates campaign financing, conflicts of interest, lobbying, and governmental ethics. The Commission’s objectives are to ensure that public officials act in a fair and unbiased manner in the governmental decision-making process, to promote transparency in government, and to foster public trust in the political system.”  Moreover, “California was the first state to pass a comprehensive political reform package. Proposition 9, known today as The Political Reform Act, was passed as a ballot measure by California voters in the June 1974 election.”  On June 7, 2017, Carmel-by-the-Sea resident and former planning commissioner Ian Martin made a sworn complaint with the Fair Political Practices Commission.  Excerpts from Ian Martin’s Complaint Number COM-06072017-01036, June 7, 2017 and Additional evidence, COM-06072017-01036 email, June 27, 2017, are reproduced. Ian Martin’s Complaint Number COM-06072017-01036, June 7, 2017, Additional evidence, COM-06072017-01036 email, June 27, 2017, “update” correspondence and correspondence from Galena West, Chief Enforcement Division, June 22, 2017, document copy is embedded.  And the current Political Reform Act 2017 document copy is embedded.  Importantly, Galena West, Chief Enforcement Division, states, in part, “This letter is to notify you that the Enforcement Division of the Fair Political Practices Commission will investigate the allegation(s), under the jurisdiction of the Commission, of the sworn complaint you submitted in the above-referenced matter. You will next receive notification from us upon final disposition of the case.”

EXCERPTS from Ian Martin’s Complaint Number COM-06072017-01036, June 7, 2017 & Additional evidence, COM-06072017-01036 email, June 27, 2017

First possible violation:

In the agenda for the June 6, 2017 City Council Meeting it came to my attention (by reading the agenda for this meeting) that a member of Carmel's City Council, Carolyn Hardy, had been one of two council-members on an ad hoc committee negotiating a lease agreement for the City's outdoor Forest Theater. Ms. Hardy's home is approximately 50 feet from the Theater property.

The negotiated lease agreement gives a local not for profit, the Sunset Cultural Center, the right to manage and operate the City-owned Forest Theater for fifteen years. It sets terms such as that the City desires that the Forest Theater be operated and managed “while demonstrating sensitivity to and consideration for the residential environment surrounding the open-air facility” and that the Sunset Center is required to “prohibit unnecessary, excessive and annoying public disturbances such as noise or excessively bright lighting which would intrude on the quiet enjoyment of the residential neighbors.” It supposedly includes permitted uses of the theater such as the theatre’s performance and rehearsal schedules; the move-in-and move-out procedures; and the theater’s hours of operation, though these were not attached to the agreement in the agenda packet and thus the details are not clear. What is clear is that the terms of this lease - the extent to which the outdoor theatre projects sound, uses strong lights, operates at certain hours, will impact the value of Council-member Hardy's home. (See Lease Agreement, page 379 of the City Council agenda packet.)

Many of the residents of Carmel did not realize this Forest Theater negotiation was underway. Since negotiations began in December of 2016, the item was improperly agendized as “Real Property Negotiations – Lease Pursuant to Government Code Section 54956.8- Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc”. This agenda item only references another lease that was being negotiated, apparently at the same time, which gave the Sunset Cultural Center control over another venue, the Sunset Center in a different part of the City. No mention was made of the Forest Theater. Therefore many, like myself, had no idea the negotiations also involved the Forest Theater, or we would have raised the issue of a conflict much sooner.

According to my understanding of the Political Reform Act, the only way Ms. Hardy could or should have been part of this decision was if she had received a letter from the FPPC allowing her to do so. The FPPC appears to have no such letter on file online. There is one earlier letter allowing Ms. Hardy to participate in a decision to adjust the Forest theater’s fee structure, a very different decision than the one at issue here. (FPPC File No. A-16-257, December 22, 2016)

Ms. Hardy’s feelings about the Forest Theater and the impact its operations have on her home have been documented in the local newspaper in the past. In 2001, after she moved into her home near the Theater, Ms. Hardy complained about the theater noise affecting her and expressed her personal desire to have restrictions on the use of Forest Theater, in particular, fewer productions, quieter music, limits on ticket sales and a curfew of 10:30 p.m. (See Carmel Pine Cone April 20, 2001 “Does Forest Theater Make Too Much Noise? Neighbors seek restrictions on plays.”) Ms. Hardy did recuse herself from the council's June 6 decision to allow the City Administrator to sign the lease agreement. However, the process was over. She had already been one of two council members in the closed-door meeting negotiating this lease for several months. At the City Council meeting, two residents notified City Council that the item had been improperly agendized and that Ms. Hardy was improperly part of the process. I was one of the speakers. These concerns were ignored by City Council. (See video of Item 21, June 6 City Council meeting).

Second possible violation:

Also in a separate matter relating to the Forest Theater, in the March 21, 2017 City Council special meeting (See video at time stamp 1:22:40) Carolyn Hardy discourages the council from spending money on an audio system and acoustical shell for the Theater, items that could have potentially directed sound towards her home.

In regards to Complaint Number COM-06072017-01036, I’d like to respectfully suggest that the FPPC compare the old “use agreements” for the Forest Theater, with the new lease that Carolyn Hardy was a negotiator for. The new lease has language that deals with impacts on the surrounding residential neighbors (which includes Hardy) that does not appear in the old use agreements.
I contend that Carolyn Hardy shouldn’t have been involved in creating the Forest Theater lease because her home is 50 feet away from the theater property. Ironically, even the lease she helped negotiate precludes it, so I would think that she clearly understands the issue:
“Conflict of Interest. No member, official, or employee of the CITY shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, or employee of the CITY participate in any decision relating to this Agreement, which affects their personal interests or interests in any corporation, partnership, or association in which they are directly or indirectly interested.” (Page 395 of agenda packet, 11.13 of new lease.)

Issues of how bright, how loud and what time the performances and rehearsals are at the Forest Theater impact the value and the marketability of Carolyn Hardy’s nearby home.
Fair Political Practices Commission (FPPC)
Complaint Number COM-06072017-01036, Ian Martin, June 7, 2017
STATE OF CALIFORNIA
Political Reform Act 2017
Fair Political Practices Commission


REFERENCES:
Martin files complaint over Forest Theater lease, MARY SCHLEY, The Carmel Pine Cone, July 21, 2017, 7A

Council violated Brown Act in Sunset Center, Forest Theater negotiations MARY SCHLEY, The Carmel Pine Cone, August 11, 2017, 11A

Saturday, August 12, 2017

Proceeding Number A.12-04-019 COMMENTS OF PLANNING AND CONSERVATION LEAGUE FOUNDATION AND SIERRA CLUB ON JOINT STATEMENT OF ISSUES

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 COMMENTS OF PLANNING AND CONSERVATION LEAGUE FOUNDATION AND SIERRA CLUB ON JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-12-17
COMMENTS OF PLANNING AND CONSERVATION LEAGUE FOUNDATION AND SIERRA CLUB ON JOINT STATEMENT OF ISSUES

Proceeding Number A.12-04-019 COMMENTS ON JOINT STATEMENT OF ISSUES

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 COMMENTS ON JOINT STATEMENT OF ISSUES, Office of Ratepayer Advocates, document copy is embedded. 
FILED 7-11-17
COMMENTS ON JOINT STATEMENT OF ISSUES
Office of Ratepayer Advocates (ORA)

Proceeding Number A.12-04-019 COMMENTS OF COALITION OF PENINSULA BUSINESSES ON JOINT STATEMENT OF ISSUES

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 COMMENTS OF COALITION OF PENINSULA BUSINESSES ON JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-11-17
COMMENTS OF COALITION OF PENINSULA BUSINESSES ON JOINT STATEMENT OF ISSUES

Proceeding Number A.12-04-019 PUBLIC WATER NOW COMMENT ON JOINT STATEMENT OF ISSUES

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 PUBLIC WATER NOW COMMENT ON JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-11-17
PUBLIC WATER NOW COMMENT ON JOINT STATEMENT OF ISSUES

Proceeding Number A.12-04-019 JOINT COMMENTS ON JOINT STATEMENT OF ISSUES

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 JOINT COMMENTS ON JOINT STATEMENT OF ISSUES (California-American Water Company, Coalition of Peninsula Businesses, Monterey County Farm Bureau, Monterey Peninsula Regional Water Authority, Monterey Peninsula Water Management District & City of Pacific Grove, Salinas Valley Water Coalition) document copy is embedded. 
FILED 7-11-17
JOINT COMMENTS ON JOINT STATEMENT OF ISSUES

EXHIBIT B

Proceeding Number A.12-04-019 MARINA COAST WATER DISTRICT’S RESPONSE TO THE JUNE 30, 2017 JOINT STATEMENT OF ISSUES

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 MARINA COAST WATER DISTRICT’S RESPONSE TO THE JUNE 30, 2017 JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-11-17
MARINA COAST WATER DISTRICT’S RESPONSE TO THE JUNE 30, 2017 JOINT STATEMENT OF ISSUES

Proceeding Number A.12-04-019 COMMENTS OF CITY OF MARINA ON STATEMENT OF ISSUES AND SCHEDULE

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 COMMENTS OF CITY OF MARINA ON STATEMENT OF ISSUES AND SCHEDULE document copy is embedded. 
FILED 7-11-17
COMMENTS OF CITY OF MARINA ON STATEMENT OF ISSUES AND SCHEDULE

Proceeding Number A.12-04-019 CALIFORNIA AMERICAN WATER’S COMMENTS ON JOINT STATEMENT OF ISSUES

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 CALIFORNIA AMERICAN WATER’S COMMENTS ON JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-11-17
CALIFORNIA AMERICAN WATER’S COMMENTS ON JOINT STATEMENT OF ISSUES

ATTACHMENT A

Proceeding Number A.12-04-019 COMMENTS OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY ON JOINT STATEMENT OF ISSUES

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 COMMENTS OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY ON JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-11-17
COMMENTS OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY ON JOINT STATEMENT OF ISSUES

Proceeding Number A.12-04-019 COMMENTS BY WATER PLUS ON JOINT STATEMENT OF ISSUES BY ALL PARTIES TO THIS PROCEEDING

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 COMMENTS BY WATER PLUS ON JOINT STATEMENT OF ISSUES BY ALL PARTIES TO THIS PROCEEDING document copy is embedded. 
FILED 7-10-17
COMMENTS BY WATER PLUS ON JOINT STATEMENT OF ISSUES BY ALL PARTIES TO THIS PROCEEDING

Proceeding Number A.12-04-019 COMMENTS OF CITIZENS FOR JUST WATER (“JUST WATER”) TO JOINT STATEMENT OF ISSUES

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 COMMENTS OF CITIZENS FOR JUST WATER (“JUST WATER”) TO JOINT STATEMENT OF ISSUES document copy is embedded. 
FILED 7-10-17
COMMENTS OF CITIZENS FOR JUST WATER (“JUST WATER”) TO JOINT STATEMENT OF ISSUES

Friday, August 11, 2017

Proceeding Number A.12-04-019 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS

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 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS document copy is embedded. 
IT IS RULED that:
1. A Prehearing Conference shall be held at 1:00 p.m. on August 18, 2017 in the Commission Courtroom, 505 Van Ness Avenue, San Francisco, California for the purpose of hearing proposals from parties on the remaining schedule for the Certificate of Public Convenience and Necessity portion of this proceeding, and anything else parties recommend for the Commission to efficiently and equitably complete this proceeding by June 30, 2018.
2. Parties may file and serve Prehearing Conference Statements and shall do so by 12 noon on August 17, 2017. Parties shall make all reasonable efforts to file one Joint PHC Statement. If unable to do so, parties should seek to agree with as much as possible of the Joint PHC Statement and concurrently file their own PHC Statement which states their differing or opposing views.
3. As the scheduling of this PHC may impact the August 17 and 18, 2017 evidentiary hearing in Application (A.) 15-07-019, this ruling is being served on parties to this proceeding and A.15-07-019.
FILED 8-07-17
ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING PREHEARING CONFERENCE AND IDENTIFYING ISSUES FOR FURTHER HEARINGS

Proceeding Number A.12-04-019 JOINT STATEMENT OF ISSUES

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 JOINT STATEMENT OF ISSUES document copy is embedded. Pursuant to the Administrative Law Judge’s Ruling Requesting Parties to Identify Issues for Further Evidentiary Hearings (the “Ruling”), California-American Water Company (“California American Water”), City of Marina, Coalition of Peninsula Businesses, Citizens for Just Water, City of Pacific Grove, County of Monterey, LandWatch Monterey County, Latino Water-Use Coalition-Monterey Peninsula/ Latino Seaside Merchants Assoc./ Communidad En Accion, Marina Coast Water District, Monterey County Farm Bureau, Monterey County Water Resources Agency, Monterey Peninsula Regional Water Authority, Monterey Peninsula Water Management District, Monterey Regional Water Pollution Control Agency, Office of Ratepayer Advocates, Planning and Conservation League, Public Trust Alliance, Public Water Now, Salinas Valley Water Coalition, Sierra Club, Surfrider Foundation, and Water Plus1 submit this Joint Statement of Issues (“Joint Statement”).
Accordingly, the parties respectfully request (1) a prompt ruling identifying what issues will be addressed at further evidentiary hearings, and (2) following that ruling, a status conference at which time a procedural schedule can be addressed and, if possible, an update by the Commission on the current timing of the California Environmental Quality Act (CEQA) process.
FILED 6-30-17
JOINT STATEMENT OF ISSUES

City Administrator Chip Rerig: FRIDAY LETTER, August 11, 2017

FRIDAY LETTER August 11, 2017
Library Trustee Richard Flower Passed Away
Hello Weedies!!!
911 Phone Upgrade Completed
CERT Training
You're not gonna believe this
Mutt Mitt Quiz
Bike Racks
New Del Mar Trash and Recycling Containers
Forest Theater Flooring Project
Save the Date - Arbor Day October 21, 2017
Environmentally Acceptable Food Service Ordinance
Asbestos Inspection Training
Happening at Sunset Center
It's here!

Thursday, August 03, 2017

7 August 2017 City Council Special Meeting Closed Session Agenda

ABSTRACT: The 7 August 2017 City Council Special Meeting Closed Session Agenda document copy is embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
CLOSED SESSION
Monday, August 07, 2017 3:00 p.m.

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

A.LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA
Monterey Superior Court Case No. 16CV003820

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation, Plaintiff v. Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants, Santa Clara County Case No.
16CV296492

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior Court Case No. M123079

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of Carmel-by-the- Sea, Defendant - Monterey County Superior Court Case No. M130393

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: State Farm General Insurance Company, Plaintiff v. City of Carmel-by-the-Sea, and Does I through 10, Defendant - Monterey County Superior Court Case No. 16CV002381

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea v. Josef Wagelaar.

Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Stacy Lininger v. Ronald Pfleger, City of Carmel-by-the-Sea, et. al.
United States District Court, Northern District of California Court Case No. C17-3385SVK

C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section
54956.9(d)(2): 1 case

D. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
PROPERTY: Sunset Center located on San Carlos Street between Eighth Avenue and Tenth Avenue, Carmel-by-the-Sea, California
Negotiating Parties:
City: City Administrator, Chip Rerig, Mayor Pro Tem Carrie Theis, and Councilmember Carolyn Hardy Sunset Cultural Center, Inc.: Director Christine Sandin Et Al.
Under Negotiation: Lease Agreement/Price and Terms Of Payment

E. CONFERENCE WITH REAL PROPERTY NEGOTIATOR (Government Code Section 54956.8)
PROPERTY: Forest Theater located at Santa Rita Street and Mountain View Avenue, Carmel-by-the-Sea, California
Negotiating Parties:
City: City Administrator, Chip Rerig Mayor Pro Tem Carrie Theis, and Councilmember Carolyn Hardy
Sunset Cultural Center, Inc.: Director Christine Sandin Et Al.
Under Negotiation: Lease Agreement/Price and Terms Of Payment

Twelve Noteworthy 8 August 2017 City Council Regular Meeting Agenda Items

ABSTRACT: Twelve Noteworthy 8 August 2017 City Council Regular Meeting Agenda Items, including PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly Reports for the Month of June, Consideration of an amendment to the Employment Agreement between the City of Carmel-by-the-Sea and City Administrator Chip Rerig, Consideration of the adoption of a resolution to rescind Resolution 2016-090 and authorizing the City Administrator to execute a contract with West Coast Arborists, Inc. for tree maintenance services for a total not to exceed fee of $122,000 and a term ending June 30, 2018, Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Kasavan Architects for design and construction support of the Police Building Renovation Project for a total fee, including contingency, of $122,815, Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for City Engineering Services with a not-to-exceed fee of $70,800 and a two-year term ending June 30, 2019, Approve a memorandum of agreement between the County of Monterey and Monterey County Cities regarding the credit guaranty for Monterey Bay Community Power and authorize the City Administrator to execute the agreement on behalf of the City of Carmel-by-the-Sea, Annual review of the Beach Fire Management Pilot Program, Receive a presentation regarding the leasing of the Flanders Mansion and other alternatives and provide direction to staff, Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Sunset Center for the period of July 1, 2017, through and including June 30, 2032 and Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Forest Theater for the period of July 1, 2017, through and including June 30, 2032. Staff Reports document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, August 08, 2017
TOUR OF INSPECTION 4:00 p.m.
OPEN SESSION 4:30 p.m.

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person’s comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or Commission. Matters not appearing on the City Council, Board or Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

ANNOUNCEMENTS
A. Announcements from Closed Session
B. Announcements from City Council Members
C. Announcements from City Administrator
D. Announcements from City Attorney

CONSENT AGENDA Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

2. Monthly Reports for the Month of June
Monthly Reports for June 08-08-17 by L. A. Paterson on Scribd
Monthly Reports for the Month of June

4. SR 2017-111 Consideration of an amendment to the Employment Agreement between the City of Carmel-by-the-Sea and City Administrator Chip Rerig.
Employment Agreement Amendment Between City & City Administrator Rerig 08-08-17 by L. A. Paterson on Scribd
Consideration of an amendment to the Employment Agreement between the City of Carmel-by-the-Sea and City Administrator Chip Rerig.

5. SR 2017-112 Consideration of the adoption of a resolution to rescind Resolution 2016-090 and authorizing the City Administrator to execute a contract with West Coast Arborists, Inc. for tree maintenance services for a total not to exceed fee of $122,000 and a term ending June 30, 2018.
West Coast Arborists, Inc. Contract 08-08-17 by L. A. Paterson on Scribd
Consideration of the adoption of a resolution to rescind Resolution 2016-090 and authorizing the City Administrator to execute a contract with West Coast Arborists, Inc. for tree maintenance services for a total not to exceed fee of $122,000 and a term ending June 30, 2018.

6. SR 2017-113 Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Kasavan Architects for design and construction support of the Police Building Renovation Project for a total fee, including contingency, of $122,815.
Kasavan Architects Professional Services Agreement 08-08-17 by L. A. Paterson on Scribd
Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Kasavan Architects for design and construction support of the Police Building Renovation Project for a total fee, including contingency, of $122,815.

8. SR 2017-115 Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for City Engineering Services with a not-to-exceed fee of $70,800 and a two-year term ending June 30, 2019.
Neill Engineers Corp. Professional Services Agreement 08-08-17 by L. A. Paterson on Scribd
Consideration of the adoption of a resolution authorizing the City Administrator to execute a Professional Services Agreement with Neill Engineers Corp. for City Engineering Services with a not-to-exceed fee of $70,800 and a two-year term ending June 30, 2019.

10. SR 2017-117 Approve a memorandum of agreement between the County of Monterey and Monterey County Cities regarding the credit guaranty for Monterey Bay Community Power and authorize the City Administrator to execute the agreement on behalf of the City of Carmel-by-the-Sea.
Memorandum of Agreement Monterey Bay Community Power 08-08-17 by L. A. Paterson on Scribd
Approve a memorandum of agreement between the County of Monterey and Monterey County Cities regarding the credit guaranty for Monterey Bay Community Power and authorize the City Administrator to execute the agreement on behalf of the City of Carmel-by-the-Sea.

ORDERS OF BUSINESS Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

13. SR 2017-120 Annual review of the Beach Fire Management Pilot Program
Beach Fire Management Pilot Program Annual Review 08-08-17 by L. A. Paterson on Scribd
Annual review of the Beach Fire Management Pilot Program

14. SR 2017-121 Receive a presentation regarding the leasing of the Flanders Mansion and other alternatives and provide direction to staff
Flanders Mansion Lease 08-08-17 by L. A. Paterson on Scribd
Receive a presentation regarding the leasing of the Flanders Mansion and other alternatives and provide direction to staff

15. SR 2017-122 Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Sunset Center for the period of July 1, 2017, through and including June 30, 2032.
Lease Agreement Between City & SCC for Sunset Ctr 08-08-17 by L. A. Paterson on Scribd
Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Sunset Center for the period of July 1, 2017, through and including June 30, 2032.

16. SR 2017-123 Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Forest Theater for the period of July 1, 2017, through and including June 30, 2032.
Lease Agreement Between City & SCC for Forest Theater 08-08-17 by L. A. Paterson on Scribd
 Adopt Resolution ratifying City Administrator's execution of the Lease Agreement between City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. for the facility known as Forest Theater for the period of July 1, 2017, through and including June 30, 2032.