CITY COUNCIL AGENDA TOUR OF INSPECTION, April 3, 2017

Agenda 04-03-17 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
TOUR OF INSPECTION
Monday, April 03, 2017
3:00 p.m.

Thirteen Noteworthy 4 April 2017 City Council Agenda Items

ABSTRACT: Thirteen Noteworthy 4 April 2017 City Council Agenda Items are featured, including CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly Reports for February 2017, Award a Construction Contract to Monterey Peninsula Engineering for the 2016-17 Sidewalk Repair Project in an amount not to exceed $162,877 and authorize a budget transfer for an amount not to exceed $70,877, Consideration of a resolution authorizing a retroactive extension of the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea, Authorize a budget adjustment of $91,000 to fund the Junipero and Fifth Avenue Storm Drain project, Consideration of a resolution adopting the Memorandum of Understanding (MOU) between the City and Carmel-by-the-Sea Police Officers’ Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding and adopt the Police Officer Association classifications salary plan in accordance with Municipal Code 2.52.520, Consideration of the consolidation of the 2018 municipal election with statewide general election, 1. Consideration of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea; and 2. Waive reading in full and introduce on first reading an Ordinance authorizing an amendment to the provisions of municipal code section 2.56 (Retirement System) and approving an amendment to the contract between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Carmel-by-the-Sea to provide section 20516 (employees sharing additional cost) of 3% for Safety (Police) and Safety (Fire) members, Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.14 (Commercial Zoning Districts) and 17.68 (Use Classifications) in order to modify the restaurant and food store regulations, Consideration of an Ordinance (First Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation and Consideration of an appeal of the Planning Commission’s decision to approve a Design Study (DS 16-239) application for the construction of a 165-square-foot bedroom addition to south (rear) of the residence and the enlargement of an existing deck on a property located in the Single-Family Residential (R-1) Zoning District. The applicants are Tom and Irene McLaughlin. The appellant is Hongxia Liu. The CITY COUNCIL AGENDA REGULAR MEETING and Staff Reports document copies are embedded.

Agenda 04-04-17 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA

REGULAR MEETING

Tuesday, April 04, 2017
CLOSED SESSION 3:00 p.m.
OPEN SESSION 4:30 p.m.

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

1. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance, General Employees, Management, Police

2. PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator

3. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
54956.9(c)
Order Instituting Investigation and Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with respect to Facilities Records for its Natural Gas Distribution System Pipelines. Investigation 14-11-008 (Filed November 20, 2014)

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Joanna Pfeister, Appellant/Petitioner v. City of Carmel-by-the-Sea et al, Respondent/Real Party in Interest
Appellate District Court of Appeal - Appeal Case No. H040250 - Superior Court Case No. M93437

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

5. REAL PROPERTY NEGOTIATIONS – LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc.

 
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 February 2017.
Monthly Reports 04-04-17 by L. A. Paterson on Scribd

Monthly Reports for February 2017.

7. SR 2017-038 Award a Construction Contract to Monterey Peninsula Engineering for the 2016-17 Sidewalk Repair Project in an amount not to exceed $162,877 and authorize a budget transfer for an amount not to exceed $70,877.
Construction Contract to Monterey Peninsula Engineering 04-04-17 by L. A. Paterson on Scribd

Award a Construction Contract to Monterey Peninsula Engineering for the 2016-17 Sidewalk Repair Project in an amount not to exceed $162,877 and authorize a budget transfer for an amount not to exceed $70,877.

9. SR 2017-040 Consideration of a resolution authorizing a retroactive extension of the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea.
Paramedic Service Provider Agreement 04-04-17 by L. A. Paterson on Scribd

Consideration of a resolution authorizing a retroactive extension of the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea.

12. SR 2017-043 Authorize a budget adjustment of $91,000 to fund the Junipero and Fifth Avenue Storm Drain project.
Junipero and Fifth Avenue Storm Drain Project 04-04-17 by L. A. Paterson on Scribd

Authorize a budget adjustment of $91,000 to fund the Junipero and Fifth Avenue Storm Drain project.

13. SR 2017-044 Consideration of a resolution adopting the Memorandum of Understanding (MOU) between the City and Carmel-by-the-Sea Police Officers’ Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding and adopt the Police Officer Association classifications salary plan in accordance with Municipal Code 2.52.520.
MOU City and Carmel-by-the-Sea Police Officers’ Association 04-04-17.pdf by L. A. Paterson on Scribd

Consideration of a resolution adopting the Memorandum of Understanding (MOU) between the City and Carmel-by-the-Sea Police Officers’ Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding and adopt the Police Officer Association classifications salary plan in accordance with Municipal Code 2.52.520.

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

15. SR 2017-046 Consideration of the consolidation of the 2018 municipal election with statewide general election.
Consolidation of the 2018 Municipal Election 04-04-17 by L. A. Paterson on Scribd

Consideration of the consolidation of the 2018 municipal election with statewide general election.

PUBLIC HEARINGS

16. SR 2017-047 1. Consideration of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea; and 2. Waive reading in full and introduce on first reading an Ordinance authorizing an amendment to the provisions of municipal code section 2.56 (Retirement System) and approving an amendment to the contract between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Carmel-by-the-Sea to provide section 20516 (employees sharing additional cost) of 3% for Safety (Police) and Safety (Fire) members.
Amendment CalPERS With Attachments 04-04-17 by L. A. Paterson on Scribd

1. Consideration of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea; and 2. Waive reading in full and introduce on first reading an Ordinance authorizing an amendment to the provisions of municipal code section 2.56 (Retirement System) and approving an amendment to the contract between the Board of Administration of the Public Employees’ Retirement System and the City Council of the City of Carmel-by-the-Sea to provide section 20516 (employees sharing additional cost) of 3% for Safety (Police) and Safety (Fire) members.

18. SR 2017-049 Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.14 (Commercial Zoning Districts) and 17.68 (Use Classifications) in order to modify the restaurant and food store regulations.
Ordinance (Second Reading) Amending Municipal Code Sections 17.14 & 17.68 04-04-17 by L. A. Paterson on Scribd

Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.14 (Commercial Zoning Districts) and 17.68 (Use Classifications) in order to modify the restaurant and food store regulations.

19. SR 2017-050 Consideration of an Ordinance (First Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation.
Ordinance (First Reading) Amending Municipal Code Sections 17.08 & 17.68 04-04-17 by L. A. Paterson on Scribd

Consideration of an Ordinance (First Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation.

20. SR 2017-051 Consideration of an appeal of the Planning Commission’s decision to approve a Design Study (DS 16-239) application for the construction of a 165-square-foot bedroom addition to south (rear) of the residence and the enlargement of an existing deck on a property located in the Single-Family Residential (R-1) Zoning District. The applicants are Tom and Irene McLaughlin. The appellant is Hongxia Liu.
Appeal of Planning Commission’s decision 04-04-17.pdf by L. A. Paterson on Scribd

Consideration of an appeal of the Planning Commission’s decision to approve a Design Study (DS 16-239) application for the construction of a 165-square-foot bedroom addition to south (rear) of the residence and the enlargement of an existing deck on a property located in the Single-Family Residential (R-1) Zoning District. The applicants are Tom and Irene McLaughlin. The appellant is Hongxia Liu.

Proceeding Number A.12-04-019 MOTION OF CITY OF MARINA FOR PARTY STATUS

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 MOTION OF CITY OF MARINA FOR PARTY STATUS document copy is embedded. The City of Marina (“City” or “Marina”) respectfully moves for party status in Application (A.) 12-04-019, the application of California-American Water Company (“CalAm”) for approval of the Monterey Peninsula Water Supply Project and related rate authorizations (“Application”). This Motion is filed and served pursuant to, and in compliance with, Rule 1.4(a)(4) and (b) of the Commission’s Rules of Practice and Procedure.

Motion of City of Marina for Party Status 3-23-17 by L. A. Paterson on Scribd

FILED 3-23-17
MOTION OF CITY OF MARINA FOR PARTY STATUS

California Supreme Court Opinion, Supreme Court Case S218066, Conclusion: ‘Consistent with the Legislature‟s purpose in enacting CPRA, and our constitutional mandate to interpret the Act broadly in favor of public access (Cal. Const., art. I, § 3, subd. (b)(2)), we hold that a city employee's writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account.’

ABSTRACT: IN THE SUPREME COURT OF CALIFORNIA, CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent (S218066), an unanimous seven-member court, including Associate Justice Carol A. Corrigan, who wrote the opinion, Chief Justice Tani Gorre Cantil-Sakauye, Associate Justice Kathryn M. Werdegar, Associate Justice Ming W. Chin, Associate Justice Goodwin H. Liu, Associate Justice Mariano-Florentino Cuéllar and Associate Justice Leondra R. Kruger reversed the judgment, and “the case is remanded for further proceedings consistent with this opinion.” The Issues: Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate. This case presents the following issue: Are written communications pertaining to city business, including email and text messages, which (a) are sent or received by public officials and employees on their private electronic devices using their private accounts, (b) are not stored on city servers, and (c) are not directly accessible by the city, "public records" within the meaning of the California Public Records Act? In writing the opinion, Associate Justice Carol A. Corrigan wrote “Conclusion Consistent with the Legislature‟s purpose in enacting CPRA, and our constitutional mandate to interpret the Act broadly in favor of public access (Cal. Const., art. I, § 3, subd. (b)(2)), we hold that a city employee‟s writings about public business are not excluded from CPRA simply because they have been sent, received, or stored in a personal account.” (March 2, 2017) The Supreme Court Opinion for Supreme Court Case S218066 document copy is embedded. Importantly, “The City’s interpretation would allow evasion of CPRA simply by the use of a personal account. We are aware of no California law requiring that public officials or employees use only government accounts to conduct public business. If communications sent through personal accounts were categorically excluded from CPRA, government officials could hide their most sensitive, and potentially damning, discussions in such accounts. The City’s interpretation “would not only put an increasing amount of information beyond the public’s grasp but also encourage government officials to conduct the public’s business in private.””

s 218066 by L. A. Paterson on Scribd

IN THE SUPREME COURT OF CALIFORNIA

CITY OF SAN JOSE et al., Petitioners, v. THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent

S218066

Ct.App. 6 H039498

Santa Clara County

Super. Ct. No. 109CV15042

CORRIGAN, J.

WE CONCUR:

CANTIL-SAKAUYE, C. J.

WERDEGAR, J.

CHIN, J.

LIU, J.

CUÉLLAR, J.

KRUGER, J.

REFERENCES:
Calif. High Court Extends Public Records Law to Personal Devices
MARIA DINZEO March 2, 2017 Courthouse News Service

Case Summary

CITY COUNCIL AGENDA & MINUTES, March 29, 2017, CLOSED SESSION REAL PROPERTY NEGOTIATIONS – LEASE Pursuant to Government Code Section 54956.8 Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc

Agenda Closed Session 03-29-17 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Wednesday, March 29, 2017
CLOSED SESSION 3:00 p.m.

Seven Noteworthy 21 March 2017 City Council Special Meeting Agenda Items

ABSTRACT: Seven Noteworthy 21 March 2017 City Council Special Meeting Agenda Items, including CLOSED SESSION, PUBLIC APPEARANCES, Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project, Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000, Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests, Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan and Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program. The CITY COUNCIL AGENDA SPECIAL MEETING, Staff Reports and DRAFT FY 2017-2018 Capital Improvement Plan document copies are embedded.

Agenda Special Meeting 03-21-17 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
Tuesday, March 21, 2017
CLOSED SESSION 3:00 p.m.
OPEN SESSION 4:30 p.m.

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

1. PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator

2. REAL PROPERTY NEGOTIATIONS – LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc

3. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
54956.9(c)
Order Instituting Investigation and Order to Show Cause on the Commission’s Own Motion into the Operations and Practices of Pacific Gas and Electric Company with respect to Facilities Records for its Natural Gas Distribution System Pipelines. Investigation 14-11-008 (Filed November 20, 2014)

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.

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.

1. SR 2017-029 Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project.
Resolutions on Agreements 03-21-17 by L. A. Paterson on Scribd

Consideration of resolutions 1. authorizing the City Administrator to execute an agreement with Carpet Caravan for the Park Branch Library carpeting project in a total amount not to exceed $31,110; 2. authorizing the City Administrator to execute an agreement with California Premier Restoration (CPR) for the Park Branch Library carpeting project in a total amount not to exceed $34,840; and 3. authorizing a budget transfer in the amount of $38,522 from the Park Branch Basement Restoration and Vista Lobos Roof projects to cover unbudgeted costs of the Park Branch Library carpeting project.

2. SR 2017-030 Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000.
Amendment to Professional Services Agreements 03-21-17 by L. A. Paterson on Scribd

Consideration of a resolution authorizing the City Administrator to execute an amendment to professional services agreements with Fasulo Investigations and EMC Planning Group for code compliance and planning service for a total not to exceed amount of $46,000.

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

3. SR 2017-031 Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests.
Status FY 2016-2017 Adopted Budget 03-21-17 by L. A. Paterson on Scribd

Receive a report on the current status of the Fiscal Year 2016-2017 Adopted Budget and approve supplemental appropriation requests.

4. SR 2017-032 Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan.
Draft FY 2017-2018 Capital Improvement Plan 03-21-17 by L. A. Paterson on Scribd

Annual presentation to the City Council of the draft FY 2017-2018 Capital Improvement Plan.

PUBLIC HEARINGS

5. SR 2017-033 Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program.
Monterey Bay Community Power Joint Powers Authority 03-21-17 by L. A. Paterson on Scribd

Receive a presentation on the Monterey Bay Community Power Joint Powers Authority and Community Choice Aggregation Program.

CalPERS Board of Administration Agenda Item 8c April 20, 2016: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent

ABSTRACT: Administrative Law Judge Jill Schlichtmann, State of California, Office of Adtninistrative Hearings, heard this matter on February 2, 2016, in Salinas, California, and issued PROPOSED DECISION February 16, 2016. ORDER The appeals of Andrew Miller and the City of Monterey are denied.

Item Name: Proposed Decision – In the Matter of the Appeal of Final Compensation of ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.

Attachments

Attachment A: Proposed Decision
Attachment B: Staff’s Argument
Attachment C: Respondent(s) Argument(s)

Procedural Summary

Respondent Miller submitted an application for service retirement and has been receiving a retirement allowance since July 9, 2013. CalPERS informed Respondents that $427.71 paid semi-monthly to Respondent Miller for additional duties during his last 13 months of employment, and reported as special compensation, would not be included in the final compensation. Respondent Miller and Respondent City appealed this determination and the matter was heard by the Office of Administrative Hearings on February 2, 2016. A Proposed Decision was issued on February 16, 2016, denying the appeals.

CalPERS Board of Administration Agenda Item 8c April 20, 2016, ATTACHMENT A THE PROPOSED DECISION, ATTACHMENT B STAFF'S ARGUMENT and  ATTACHMENT C

RESPONDENTS ARGUMENTS document copies are embedded. 

AGENDA ITEM 8 – PROPOSED DECISIONS OF ADMINISTRATIVE LAW JUDGES

On MOTION by Henry Jones, SECONDED by Ron Lind and CARRIED, the Board adopted the proposed decisions of Administrative Law Judges (ALJ) for Agenda Items 8a through 8n, minus 8e, 8i, and 8m, as the Board’s own decisions with the minor modifications to Agenda Item 8k, as argued by staff.

SOURCE: CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM

BOARD OF ADMINISTRATION

MINUTES OF MEETING

Wednesday, April 20, 2016

item8c-00 by L. A. Paterson on Scribd

CalPERS Board of Administration Agenda Item 8c April 20, 2016

item8c-attacha by L. A. Paterson on Scribd

ATTACHMENT A
THE PROPOSED DECISION
BEFORE THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
In the Matter of the Appeal of Final Compensation of: ANDREW MILLER, Respondent, and CITY OF MONTEREY, Respondent.

item8c-attachb by L. A. Paterson on Scribd

ATTACHMENT B
STAFF'S ARGUMENT
STAFF'S ARGUMENT TO ADOPT THE PROPOSED DECISION

item8c-attachc by L. A. Paterson on Scribd

ATTACHMENT C
RESPONDENTS ARGUMENTS
(None Submitted)

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ralph Andersen & Associates Assistant City Administrator Recruitment, 31 December 2016

ABSTRACT: The AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES Ralph Andersen & Associates Assistant City Administrator Recruitment, executed 31 December 2016 by and between the CITY OF CARMEL-BY-THE-SEA, a municipal corporation and Ralph Andersen & Associates, document copy is embedded. Scope. CONSULTANT hereby agrees to provide to CITY professional services to provide executive search services for the position of Assistant City Administrator as the scope of services under this Agreement the services set forth in the proposal for services dated October 31, 2016 (Exhibit "A"), attached hereto and incorporated herein by this reference.Term. The work under this Agreement shall commence on January 2, 2017 and terminate on June 30, 2017. Compensation. CITY shall pay CONSULTANT in an amount not to exceed $23,500.00 which said sum shall include all costs for a national search and will be a fixed fee, as presented in the proposal dated October 31, 2016 (Exhibit "A"). Authority of the City Administrator. CONSULTANT shall perform all necessary services provided under this Agreement and outlined in the proposal and shall do, perform, and carry out said work in accordance with this Agreement as determined by and to the reasonable satisfaction of the City Administrator. The City Administrator reserves the right to make changes, additions or deletions, to the scope of work as deemed necessary or advisable to implement and carry out the purposes of this Agreement. The City Administrator is authorized to execute change orders.
Signed, RALPH ANDERSEN & ASSOCIATES December 23, 2016
Chip Rerig, CITY Administrator February 1, 2017

AGREEMENT Ralph Andersen & Associates Asst. City Administrator Recruitment 12-31-16.pdf by L. A. Paterson on Scribd

AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES
Ralph Andersen & Associates
Assistant City Administrator Recruitment
31 December 2016

Ralph Andersen & Associates Proposal 10-31-16 by L. A. Paterson on Scribd

Exhibit “A”
Ralph Andersen & Associates Proposal to provide executive search services to the City of Carmel-by-the-Sea, and to recruit for the position of Assistant City Administrator.

Task 1 – Review Project Management Approach

Task 2 – Develop Position Profile

Task 3 – Outreach and Recruiting

Task 4 – Candidate Evaluation

Task 5 – Search Report

Task 6 – Selection

Task 7 – Negotiation

Task 8 – Close Out

Schedule

Ralph Andersen & Associates will complete the search within 75 to 90 days from the execution of the agreement to the presentation of candidates. Negotiation with the top candidate will take an additional week or two after finalist interviews.

Hayashi Wayland Letter of Engagement, January 26, 2017

ABSTRACT: Hayashi Wayland letter of engagement, dated January 26, 2017, signed by Natalie Rava, CPA, Mac, Director Hayashi Wayland, and accepted by Chip Rerig, City Administrator, January 30, 2017, is presented.

Engagement Objectives The objectives of this engagement are to assist you with your regular duties as detailed below effective January 30, 2016.

Engagement Scope and Approach

We will prepare and or assist you with the following bookkeeping and related services from information you furnish us:

• Posting of cash receipts and disbursements which have been coded by you
• Propose adjusting journal entries to be reviewed and approved by you
• Preparation of monthly bank reconciliations which will be reviewed and approved by you
• Monthly general ledger review
• Assist with pulling PBC items in preparation for audit fieldwork
• Assist with sales tax reporting
• Assist with other accounting duties as mutually agreed upon by both parties

Timing of the Engagement We expect to begin our work January 30, 2016 pending receipt of a signed copy of this engagement letter.

Fees and Billings

Fees for our services will be billed at a flat rate of $105/hr.

Hayashi Wayland letter of engagement, dated January 26, 2017, document copy is embedded. Hayashi Wayland INVOICE Date 02/08/2017 document copy is embedded. SERVICE Professional accounting services rendered in connection with assistance provided to accounting staff at City office. (9.11 hours x $105 per hour); total of $960.00

Engagement Letter Hayashi Wayland 01-26-17 by L. A. Paterson on Scribd

HAYASHI I WAYLAND
January 26, 2017
City of Carmel-by-the-Sea
Attn: Chip Rerig, City Administrator
City Hall, PO Box CC
Carmel-by-the-Sea, CA 93921

Hayashi Wayland Invoice 1 02-08-17 by L. A. Paterson on Scribd

HAYASHI I WAYLAND

City of Carmel-by-the-Sea

INVOICE

Date 02/08/2017

Amount $ 960.00

Finance Manager Paul Wood’s Letter of Resignation: ‘Per our conversation today, it doesn't seem as if our visions in the management team of Carmel align with each other.’

ABSTRACT: On January 9, 2017, Finance Manager Paul Wood submitted his letter of resignation to City Administrator Chip Rerig stating, in part, “Please accept this as notification of my resignation as Finance Manager, effective immediately. Per our conversation today, it doesn't seem as if our visions in the management team of Carmel align with each other.” Mr. Wood’s letter of resignation document copy is embedded.

Finance Manager Wood Resignation Letter January 9 2017 by L. A. Paterson on Scribd

City of Carmel-by-the-Sea

POST OFFICE BOX CC

CARMEL-BY-THE-SEA, CA 93921

(83 1) 620-2000

January 9, 2017

Mr. Chip Rerig

City of Carmel-by-the-Sea, CA

Paul Wood

NOTE: Q: Please list the staff members in finance and their years of experience with the organization at that position.
A: Paul Wood, CPA – Finance Manager, 1.5 years as Finance Manager and 13 years as a consulting CPA for the City of Carmel-by-the-Sea.
Deanna Allen – Finance Specialist, 5 years
Anna Aubuchon – Administrative Coordinator, 5 years

SOURCE: CITY OF CARMEL-BY-THE-SEA
REQUEST FOR PROPOSALS
AUDITING SERVICES
RFP#15-16-02: AUDITING SERVICES
QUESTIONS AND ANSWERS

CalPERS Compensation Review of Former Public Safety Director/Police Chief Michael Calhoun

ABSTRACT: With regard to CalPERS compensation review of former Public Safety Director/Police Chief Michael Calhoun, the TIMELINE, RELEVANT DOCUMENTS and NOTES are featured. Document copies include California Public Employees’ Retirement System sample template letter regarding CalPERS review of compensation, Michael B. Calhoun City Compensation December 2011-December 2016, CarmelbytheSea Mail Re: Participant Name: Michael B Calhoun CalPERS, including 4 attachments, 2015-062 Management Salary Resolution.pdf, Pay Schedule_At Will.pdf, Employment Agreement_2015.pdf and Employment Agreemen_2013.pdf.

TIMELINE:

·         In late November/early December 2016, then-Public Safety Director Michael Calhoun is notified by California Public Employees’ Retirement System of CalPERS review of his compensation.

·         Later, a private citizen files a report of potential Retirement Benefits Fraud or Abuse with CalPERS involving Michael Calhoun’s compensation, specifically from March 1, 2016 to December 30, 2016. (City Administrator Chip Rerig commenced as city administrator on March 1, 2016.)

·         In early January 2017, Taras Kachmar, Compensation Review and Analysis, CalPERS Employer Account Management Division, contacts the City requesting position title(s) during this period and a copy of the relevant pay schedules, copies of any employment contracts, labor agreements, MOUs, etc., Calhoun had with the City during this period (payroll reported by the City for Mr. Calhoun from December 2011 to December 2016 previously transmitted to Mr. Kashmar).

RELEVANT DOCUMENTS: 

Cru Letter Template by L. A. Paterson on Scribd

California Public Employees’ Retirement System sample template letter regarding CalPERS review of compensation

Calhoun Dec 2011 Dec 2016 by L. A. Paterson on Scribd

City of Carmel-by-the-Sea
Employee Detail History Print
Employee Michael B. Calhoun
City Compensation December 2011-December 2016

Carmel-By-The-Sea Mail - Re_ Participant Name_ Michael B Calhoun CalPERS ID_ 4133025525_Redacted by L. A. Paterson on Scribd

CarmelbytheSea Mail Re: Participant Name: Michael B Calhoun CalPERS
Maxine Gullo
To: Taras.Kachmar@calpers.ca.gov
Fri, Jan 13, 2017
Taras Kachmar
Compensation Review and Analysis
CalPERS Employer Account Management Division
Request for position title(s) during this period and a copy of the relevant pay schedules copies of any employment contracts, labor agreements, MOUs, etc., Calhoun had with the City during this period
4 attachments
2015-062 Management Salary Resolution.pdf
Pay Schedule_At Will.pdf
Employment Agreement_2015.pdf
Employment Agreemen_2013.pdf

2015-062 Management Salary Resolution_Redacted by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2015-062
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AUTHORIZING THE CITY ADMINISTRATOR TO ESTABLISH SALARY RANGES FOR CERTAIN MANAGEMENT POSITIONS

Pay Schedule_At Will by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
PAY SCHEDULE FOR AT-WILL CLASSIFICATION
EFFECTIVE JANUARY 1, 2016

Employment Agreement 2015 Redacted by L. A. Paterson on Scribd

EMPLOYMENT AGREEMENT
City of Carmel-by-the-Sea
PUBLIC SAFETY DIRECTOR/INTERIM CITY ADMINISTRATOR
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY"), and MIKE CALHOUN ("EMPLOYEE") and is dated this 30th day of November, 2015.

Employment Agreemen 2013 (1) Redacted by L. A. Paterson on Scribd

EMPLOYMENT AGREEMENT
City of Carme1-by-the-Sea
PUBLIC SAFETY DIRECTOR
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and Mike Calhoun ("EMPLOYEE") and is dated this 16th day of August, 2013.

NOTES:
1. With or without a private citizen filing a Retirement Benefits Fraud or Abuse report with CalPERS regarding former Public Safety Director/Police Chief Michael Calhoun, CalPERS intended to review Calhoun’s compensation regardless.

2. In the MONTEREY COUNTY WEEKLY news article entitled, “CalPERS looks into pay for retired Carmel police chief,” former Public Safety Director/Police Chief Michael Calhoun states that he was acting assistant city administrator between March 1, 2016 and September 1, 2016 whereas Human Resources Manager Maxine Gullo, in response to a request from Taras Kachmar, Compensation Review and Analysis, CalPERS Employer Account Management Division, for Calhoun’s position title(s) during this period, states that Calhoun served as Public Safety Director/Interim City Administrator from November 30, 2015 to August 31, 2016.

3. With regard to Michael Calhoun’s compensation during 2016, evidence suggests that City Administrator Chip Rerig facilitated or condoned the City’s compensation and CalPERS Retirement benefits abuse with apparently no respect for taxpayers or the public at large.

REFERENCE: CalPERS looks into pay for retired Carmel police chief. Pam Marino, Feb 2, 2017

ASSISTANT CITY ADMINISTRATOR City of Carmel-By-The-Sea, Recruitment Services Provided by Ralph Andersen & Associates

ABSTRACT: The City has contracted with Ralph Andersen & Associates for ASSISTANT CITY ADMINISTRATOR Recruitment Services. The ASSISTANT CITY ADMINISTRATOR Recruitment brochure copy is embedded; sections include The Opportunity, Carmel-by-the-Sea – A Village in the forest by the Sea, Surrounding Amenities, The City Organization, The Position of Assistant City Administrator, The Ideal Candidate, Education and Experience, Compensation and Benefits and To Be Considered. “To be considered, candidates must submit a compelling cover letter, comprehensive resume, salary history, and six professional references via email to apply@ralphandersen.com. Ralph Andersen & Associates will review resumes upon receipt. In consultation with Ralph Andersen & Associates, the City Administrator will decide on those candidates that warrant further consideration. Selected candidates will be invited to participate in the on-site finalist interviews.” “The first review of resumes will take place on March 17, 2017. This position is open until filled.” And importantly, “Carmel-by-the-Sea has retained Ralph Andersen & Associates to conduct a search in order to attract outstanding candidates for consideration for this position. The City Administrator is particularly interested in candidates that will bring to Carmel-by-the-Sea a creative and innovative management style that is proactive in addressing issues that impact the community. Experience in California is essential and specific experience in a coastal community would be an added advantage. Candidates with experience as an assistant or deputy will also be considered if the level of responsibility is commensurate with this position and the unique needs of Carmel-by-the-Sea.”

Ralph Andersen & Associates Brochure-Carmel-Assistant-City-Administrator March 2017 by L. A. Paterson on Scribd

ASSISTANT CITY ADMINISTRATOR City of Carmel-By-The-Sea
Recruitment Services Provided by Ralph Andersen & Associates

REFERENCES:

Assistant City Administrator-Carmel-by-the-Sea, CA

Client: City of Carmel-by-the-Sea, California
Position: Assistant City Administrator
Closing Date: March 17, 2017

Ralph Andersen & Associates
5800 Stanford Ranch Road, Suite 410
Rocklin, California 95765
Tel: 916.630.4900
info@ralphandersen.com