Monday, June 26, 2017

CITY COUNCIL SPECIAL MEETING CLOSED SESSION AGENDAS, June 27 & 29, 2017

CITY COUNCIL SPECIAL MEETING CLOSED SESSION AGENDA, June 27, 2017

CITY COUNCIL SPECIAL MEETING CLOSED SESSION AGENDA, June 29, 2017

City Administrator Chip Rerig: FRIDAY LETTER, June 23, 2017

FRIDAY LETTER June 23, 2017
The City Council Invites You to Celebrate Independence Day with us
When: Tuesday, July 4, 2017, 12:00 (noon) to 4:00 pm
Where: Devendorf Park
Fourth of July Beach Patrols
Household Hazardous Waste Collection Event June 24
Sidewalk Improvements
Happening at Sunset Cultural Center
More Culture
More Cleve Waters
A Word on Historic Preservation from Marc Wiener
Rocket Rerig

Wednesday, June 21, 2017

Proceeding Number A.12-04-019 CALIFORNIA-AMERICAN WATER COMPANY’S RESPONSE TO THE THIRD WATER PLUS MOTION TO DISMISS THE PROCEEDING OF THE MONTEREY PENINSULA WATER SUPPLY PROJECT

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 COMPANY’S RESPONSE TO THE THIRD WATER PLUS MOTION TO DISMISS THE PROCEEDING OF THE MONTEREY PENINSULA WATER SUPPLY PROJECT document copy is embedded. DISCUSSION
As set forth in the 2015 MTD Ruling, “a motion ‘must concisely state the … law supporting its motion’… and ‘requires the Commission to determine whether the party bringing the motion prevails solely on undisputed facts and matters of law.’”3 For a third time, Water Plus cannot establish entitlement to the relief it seeks because the Motion does not cite supporting law and does not establish the existence of undisputed facts and matters of law.
Regarding the accusations of data tampering, specificallyWater Plus’s assertions of “insufficient” and corrupted data and flawed analysis regarding the model used for the environmental review of the MPWSP, Administrative Law Judge Weatherford already ruled twice that these claims do not provide justification for dismissing California American Water’s application.4 In the instant Motion, Water Plus (again) does not establish its credentials to assess the hydrological analysis and (again) fails to provide a credible expert witness to defend its statements. The statements made byWater Plus simply are not undisputed facts or matters of law. Indeed, Water Plus fails to cite any law supporting dismissal of the application based on its specious allegations regarding corrupt data and flawed analysis by the Commission’s consultants.
Furthermore, it remains true that “[e]ven if the allegations made byWater Plus were both entirely correct and uncontroverted, those allegations only go to the sufficiency of the CEQA document, which the Commission can weigh when it decides whether or not to certify the EIR.”5 There is no basis for the Commission to dismiss the application outright based on Water Plus’s unfounded accusations.
Water Plus’s contentions regarding the validity of the Return Water Settlement and purported violations of the Agency Act also do not establish a basis for dismissing California American Water’s application. First, Water Plus again “fails to state the law supporting the ruling requested”6 on the return water and Agency Act issues. Second, Water Plus’s arguments are nothing more than an improper and untimely attack on the Return Water Settlement.7 Water Plus already filed its comments on the Return Water Settlement on June 28, 2016. The Joint Consolidated Reply Comments in Support of the Joint Motion for Approval of the Settlement Agreement on Desalination Plant Return Water, filed July 29, 2016 and incorporated herein by reference, explained that there is ample law to support use of return water to prevent export of water from the Salinas Groundwater Basin.8 Water Plus is not entitled to a new round of comments on the Return Water Settlement or a sur-reply under the guise of a motion to dismiss. Water Plus’s arguments, however unmeritorious, regarding the Return Water Settlement can be addressed in the context of proceedings on the Return Water Settlement. A motion to dismiss is not the proper vehicle for analyzing Water Plus’s defective return water theories.
The Commission has characterized the standard for granting a motion to dismiss as follows:
The question becomes whether the Commission and the parties would be squandering their resources by proceeding to an evidentiary hearing when the outcome is a foregone conclusion under the current law and policy of the Commission.9
Water Plus has repeatedly failed to demonstrate that the outcome it espouses is a “foregone” conclusion under the current law and policy of the Commission. Instead, Water Plus ignores its burden, fails to provide any legal justification for dismissing the current proceeding, and highlights several triable issues of fact.
Early in this proceeding, Administrative Law Judge Weatherford denied a motion to dismiss filed by Marina Coast Water District:
I deny the motion to dismiss because there is good cause for the Commission to proceed with an examination of the Monterey Peninsula Water Supply Project proposed in A.12-04-019. The people and entities in the Monterey Division service area of the Applicant face the risk of losing -- in less than five years -- most of the water supply that presently serves them….Given the overarching public interest in finding a source or sources of replacement water for the Monterey Peninsula as soon as practicable, it is reasonable to proceed with A.12-04-019.10
This reasoning is still applicable. California American Water urges the Commission to deny Water Plus’s Motion and proceed with its evaluation of the MPWSP.
FILED 6-15-17
CALIFORNIA-AMERICAN WATER COMPANY’S RESPONSE TO THE THIRD WATER PLUS MOTION TO DISMISS THE PROCEEDING OF THE MONTEREY PENINSULA WATER SUPPLY PROJECT

Proceeding Number A.12-04-019 E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS

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 E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS document copy is embedded. IT IS RULED that the dates for filing a Statement of Issues and comments are extended. The Statement of Issues shall be filed and served by June 30, 2017. Comments, if any, on a Statement of Issues shall be filed and served by July 11, 2017.
FILED 6-14-17
E-MAIL RULING GRANTING EXTENSION TO FILE STATEMENT OF ISSUES AND COMMENTS

Monday, June 12, 2017

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY 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 ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY HEARINGS document copy is embedded. IT IS RULED that:
1. Parties shall by June 23, 2017 file and serve a Statement of Issues that complies with the requirements stated in the body of this ruling. Parties shall make a reasonable effort to present one joint Statement of Issues.
2. If more than one Statement of Issues is filed, parties may file and serve comments on the Statement of Issues of other parties, and those comments shall be filed and served within seven days of the date the Statement of Issues was filed.
FILED 6-09-17
ADMINISTRATIVE LAW JUDGE’S RULING REQUESTING PARTIES TO IDENTIFY ISSUES FOR FURTHER EVIDENTIARY HEARINGS

Proceeding Number A.12-04-019 E-MAIL RULING GRANTING 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 E-MAIL RULING GRANTING MOTION OF CITY OF MARINA FOR PARTY STATUS document copy is embedded. IT IS RULED that the March 23, 2017 motion of the City of Marina for party status is granted.
FILED 3-29-17
E-MAIL RULING GRANTING MOTION OF CITY OF MARINA FOR PARTY STATUS

Friday, June 09, 2017

City Administrator Chip Rerig: FRIDAY LETTER, June 9, 2017

FRIDAY LETTER June 9, 2017
Bees Get New Home
Proper Disposal of Unwanted Pharmaceuticals and Survey Request
Highway 68 Roundabout
Police Purchase a SMART car for Parking Enforcement
Police Officers Association to Sponsor Movie
Fire Pits

PLANNING COMMISSION REGULAR MEETING AGENDA, June 14, 2017

ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports documents copies for June 14, 2017 are embedded. CONSENT AGENDA including Consideration of Final Design Study (DS 17-088) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 3,450-square foot residence single-family residence. The proposed design is modern-style and exterior finish material include western red cedar and metal fascia roof edge. The project site is located in the Single-Family Residential (R-1) Zoning District, and Park Overlay (P), Beach and Riparian (BR) Overlay, and Archaeological Significance Overlay (AS) Districts (Harinarayan/Neelakantan, Aengus Jeffers, Attorney, Scenic Road, 9 SW Ocean Ave), Consideration of a Final Design Study (DS 17-061) and associated Coastal Development Permit for the demolition of an existing two story residence and construction of a new 2,150 square-foot, two-story, contemporary-style residence and detached rear-yard garage with exterior finish materials to include natural stone veneer siding and a metal roof. The project site is located in the Single-Family Residential (R-1) Zoning District (Pot D’Or, Chris Tescher, Applicant, SW corner of Camino Real & 7th) and Consideration of a Revision to an approved Use Permit (UP 17-020) permitting the addition of a 649-square foot second-level mezzanine within an existing commercial building (C Pines 7, Adam Jeselnick, Project Architect, SE Corner 7th and Dolores Street). PUBLIC HEARINGS including Consideration of combined Concept and Final Design Study (DS 17-005) and associated Coastal Development Permit for the remodel of an existing two-story single-family residence to include adding 54 square feet of habitable space, expanding a basement area, and exterior finish materials include stucco siding, stone veneer, and a wood shake roof. The project site is located in the Single-Family Residential (R-1) Zoning and Beach and Riparian (BR) Overlay Districts (Byrne, Dale Byrne, Owner, San Antonio Street, 2 SE of 13th Avenue), Consideration of a Concept and Final Design Study (DS 17-159) and associated Coastal Development Permit for the construction of a new 289-square-foot attached garage, a new 148-square-foot, single story entry and closet addition to the main residence, and a new outdoor fire pit. The project site is located in the Single-Family Residential (R-1) Zoning District (Burlingham, Terry Latasa, Architect, Torres Street, 2 NE of 4th Avenue), Consideration of combined Concept and Final Design Study (DS 17-104) and associated Coastal Development Permit for the remodel of an existing single-family residence to include adding 170 square feet to the main floor, adding a 182 square-foot lower floor, a 15 square-foot additional to the existing garage. The project site is located in the Single-Family Residential (R-1) Zoning District (Finnegan, Jeff Crocket, Agent, Carmelo Street, 5 SW of 11th Avenue), Consideration of a Concept Design Study (DS17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate. The project site is located in the Single-Family Residential (R-1) Zoning District (McMills, John Mandurrago, Designer, Lincoln, 3 NW of Santa Lucia), Administrative Determination (AD 17-193) review by the Planning Commission to determine whether a proposed business offering aqua-massage and an oxygen bar is compliant with the City’s zoning standards. The project site is located in the Central Commercial (CC) Zoning District (Vitality, Alexandra Stabile, Applicant Representative, N/s of Ocean bet. San Carlos & Dolores) and Consideration of a Use Permit Amendment (UP 17-172) application to allow the elimination of a 8-space parking facility currently used for the First Church of Christian Scientist so that the lot can be used for the development of a single-family residence (First Church Christian Scientist, Mark Blum, Applicant Attorney, Lincoln Street, 3 SW of 5th Ave).
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
REGULAR MEETING AGENDA
June 14, 2017


A. CALL TO ORDER AND ROLL CALL
Commissioners: Don Goodhue, Chair
Michael LePage, Vice Chair
Julie Wendt
Gail Lehman
Karen Sharp

C. ROLL CALL

G. CONSENT AGENDA

Items placed on the Consent Agenda are considered to be routine and are acted upon by the Commission in one motion. There is no discussion of these items prior to the Commission action unless a member of the Commission, staff, or public requests specific items be discussed and removed from the Consent Agenda. It is understood that the staff recommends approval of all consent items. Each item on the Consent Agenda approved by the Commission shall be deemed to have been considered in full and adopted as recommended.

2. DS 17-088 (Harinarayan/Neelakantan)
Aengus Jeffers, Attorney
Scenic Road, 9 SW Ocean Ave

Block: C2; Lots: 6 and portion of 7
APN: 010-312-010
Consideration of Final Design Study (DS 17-088) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 3,450-square foot residence single-family residence. The proposed design is modern-style and exterior finish material include western red cedar and metal fascia roof edge. The project site is located in the Single-Family Residential (R-1) Zoning District, and Park Overlay (P), Beach and Riparian (BR) Overlay, and Archaeological Significance Overlay (AS) Districts.
Venky Harinarayan and Sudha Neelakantan 06-14-17 by L. A. Paterson on Scribd
Consideration of Final Design Study (DS 17-088) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 3,450-square foot residence single-family residence. The proposed design is modern-style and exterior finish material include western red cedar and metal fascia roof edge. The project site is located in the Single-Family Residential (R-1) Zoning District, and Park Overlay (P), Beach and Riparian (BR) Overlay, and Archaeological Significance Overlay (AS) Districts.

3. DS 17-061 (Pot D’Or)
Chris Tescher, Applicant
SW corner of Camino Real & 7th

Block: N; Lot: 1
APN: 010-265-001
Consideration of a Final Design Study (DS 17-061) and associated Coastal Development Permit for the demolition of an existing two story residence and construction of a new 2,150 square-foot, two-story, contemporary-style residence and detached rear-yard garage with exterior finish materials to include natural stone veneer siding and a metal roof. The project site is located in the Single-Family Residential (R-1) Zoning District.
Pot D'or 06-14-17 by L. A. Paterson on Scribd
Consideration of a Final Design Study (DS 17-061) and associated Coastal Development Permit for the demolition of an existing two story residence and construction of a new 2,150 square-foot, two-story, contemporary-style residence and detached rear-yard garage with exterior finish materials to include natural stone veneer siding and a metal roof. The project site is located in the Single-Family Residential (R-1) Zoning District.

4. UP 17-020 (C Pines 7)
Adam Jeselnick, Project Architect
SE Corner 7th and Dolores Street

Block: 91; Lot: 20
APN: 010-145-020
Consideration of a Revision to an approved Use Permit (UP 17-020) permitting the addition of a 649-square foot second-level mezzanine within an existing commercial building. The applicant is requesting to relocate the approved mezzanine from the north end to the south end of the space.
CPines 7, LLC 06-14-17 by L. A. Paterson on Scribd
Consideration of a Revision to an approved Use Permit (UP 17-020) permitting the addition of a 649-square foot second-level mezzanine within an existing commercial building. The applicant is requesting to relocate the approved mezzanine from the north end to the south end of the space.

H. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

1. DS 17-005 (Byrne)
Dale Byrne, Owner
San Antonio Street, 2 SE of 13th Avenue

Block: Z; Lot: 4
APN: 010-287-011
Consideration of combined Concept and Final Design Study (DS 17-005) and associated Coastal Development Permit for the remodel of an existing two-story single-family residence to include adding 54 square feet of habitable space, expanding a basement area, and exterior finish materials include stucco siding, stone veneer, and a wood shake roof. The project site is located in the Single-Family Residential (R-1) Zoning and Beach and Riparian (BR) Overlay Districts.
Dale and Margaret Byrne 06-14-17 by L. A. Paterson on Scribd
Consideration of combined Concept and Final Design Study (DS 17-005) and associated Coastal Development Permit for the remodel of an existing two-story single-family residence to include adding 54 square feet of habitable space, expanding a basement area, and exterior finish materials include stucco siding, stone veneer, and a wood shake roof. The project site is located in the Single-Family Residential (R-1) Zoning and Beach and Riparian (BR) Overlay Districts.

2. DS 17-159 (Burlingham)
Terry Latasa, Architect
Torres Street, 2 NE of 4th Avenue

Block: 38; Lot: 16
APN: 010-103-009
Consideration of a Concept and Final Design Study (DS 17-159) and associated Coastal Development Permit for the construction of a new 289-square-foot attached garage, a new 148-square-foot, single story entry and closet addition to the main residence, and a new outdoor fire pit. The project site is located in the Single-Family Residential (R-1) Zoning District.
David and Debbie Burlingham 06-14-17 by L. A. Paterson on Scribd
Consideration of a Concept and Final Design Study (DS 17-159) and associated Coastal Development Permit for the construction of a new 289-square-foot attached garage, a new 148-square-foot, single story entry and closet addition to the main residence, and a new outdoor fire pit. The project site is located in the Single-Family Residential (R-1) Zoning District.

3. DS 17-104 (Finnegan)
Jeff Crocket, Agent
Carmelo Street, 5 SW of 11th Avenue

Block: X; Lot: 9
APN: 010-279-004
Consideration of combined Concept and Final Design Study (DS 17-104) and associated Coastal Development Permit for the remodel of an existing single-family residence to include adding 170 square feet to the main floor, adding a 182 square-foot lower floor, a 15 square-foot additional to the existing garage. The project site is located in the Single-Family Residential (R-1) Zoning District.
James and Gail Finnegan 06-14-17 by L. A. Paterson on Scribd
Consideration of combined Concept and Final Design Study (DS 17-104) and associated Coastal Development Permit for the remodel of an existing single-family residence to include adding 170 square feet to the main floor, adding a 182 square-foot lower floor, a 15 square-foot additional to the existing garage. The project site is located in the Single-Family Residential (R-1) Zoning District.

4. DS 17-129 (McMills)
John Mandurrago, Designer
Lincoln, 3 NW of Santa Lucia

Block: 145; Lots: 25 & N 1/2 of 23
APN: 010-173-007
Consideration of a Concept Design Study (DS17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate. The project site is located in the Single-Family Residential (R-1) Zoning District.
Corey McMills 06-14-17 by L. A. Paterson on Scribd
Consideration of a Concept Design Study (DS17-129) and associated Coastal Development Permit for alterations to an existing two-story, single-family residence to include adding 1,069 square feet of combined floor area to the upper and lower levels; an attached single-car garage; new stone terrace and glass railing; stone entry porch/walkway and stone wall with wood gate. The project site is located in the Single-Family Residential (R-1) Zoning District.

5. AD 17-193 (Vitality)
Alexandra Stabile, Applicant Representative
N/s of Ocean bet. San Carlos & Dolores

Block: 71; Lots: w ½ of 1 & all of 5
APN: 010-134-005
Administrative Determination (AD 17-193) review by the Planning Commission to determine whether a proposed business offering aqua-massage and an oxygen bar is compliant with the City’s zoning standards. The project site is located in the Central Commercial (CC) Zoning District.
Carmel Properties, LLC 06-14-17 by L. A. Paterson on Scribd
Administrative Determination (AD 17-193) review by the Planning Commission to determine whether a proposed business offering aqua-massage and an oxygen bar is compliant with the City’s zoning standards. The project site is located in the Central Commercial (CC) Zoning District.

6. UP 17-172 (First Church Christian Scientist)
Mark Blum, Applicant Attorney
Lincoln Street, 3 SW of 5th Ave

Block: 54; Lot: 5
APN: 010-212-017
Consideration of a Use Permit Amendment (UP 17-172) application to allow the elimination of a 8-space parking facility currently used for the First Church of Christian Scientist so that the lot can be used for the development of a single-family residence. The project site is located in the Single-Family Residential (R-1) Zoning District.
First Church of Christ Scientist 06-14-17 by L. A. Paterson on Scribd


Consideration of a Use Permit Amendment (UP 17-172) application to allow the elimination of a 8-space parking facility currently used for the First Church of Christian Scientist so that the lot can be used for the development of a single-family residence. The project site is located in the Single-Family Residential (R-1) Zoning District.

PLANNING COMMISSION REGULAR MEETING – MINUTES, May 10, 2017


PLANNING COMMISSION REGULAR MEETING – MINUTES, May 10, 2017

Monday, June 05, 2017

Friday, June 02, 2017

CITY COUNCIL SPECIAL MEETING AGENDA, June 5, 2017

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
CLOSED SESSION
Monday, June 05, 2017

Sixteen Noteworthy 6 June 2017 City Council Regular Meeting Agenda Items

ABSTRACT: Sixteen Noteworthy 6 June 2017 City Council Regular Meeting Agenda Items, including CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly  Reports for the month of April, Consideration of a resolution authorizing the City Administrator to execute a settlement agreement with Pacific Gas & Electric Co., Consideration of a resolution approving the rates charged by GreenWaste Recovery for the collection of franchised solid waste, recycling and organics, Consideration of a resolution authorizing an extension of the approved retroactive extension to the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea, Award a Construction Contract to Monterey Peninsula Engineering for the Junipero and Fifth Avenue Storm Drain project in a total amount not to exceed $87,690 (base bid of $79,720 and $7,970 project contingency) and authorize a budget adjustment up to $8,650, Receive a report on the Emergency Operations Center and the 2017 updated Emergency Operations Plan, Consideration of a resolution approving participation of the City of Carmel-by-the-Sea in the Institute for Local Government’s Beacon Program, Consideration of resolutions authorizing the City Administrator to execute amendments to professional services agreements for financial consulting and project management services for a total not to exceed amount of $82,500, Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO), Consideration of a Resolution of the City Council of the City of Carmel-by—the-Sea adopting the Memorandum of Understanding (MOU) between the City of Carmel-by- the Sea General employees union – an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO, Adoption of the FY 2017/2018 Budget, Authorization of the City Administrator to Execute Lease Agreements between the City and Sunset Cultural Center Inc. for Management and Operations of the Sunset Center and the Forest Theater for the Term of July 1, 2017 to June 30, 2032 and Waive reading in full and adopt on second reading an ordinance moving the date of the City’s General Municipal Election from the second Tuesday in April of even-numbered years to the first Tuesday after the first Monday in November of even-numbered years beginning in November 2018.  The CITY COUNCIL AGENDA REGULAR MEETING and Staff Reports document copies are embedded.  
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, June 06, 2017
CLOSED SESSION 3:30 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

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

3. Public Employment - Gov’t. Code Section 54957.
Title: City Attorney.

4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
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, 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: Antonio C. Simonelli & Jacqueline C. Simonelli, Appellant/Petitioner v. City of Carmel, et al., Respondent - Monterey County Superior Court Case No. M123079, Sixth Appellate District Court of Appeal Case No. H044251

OPEN SESSION

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
  1. Announcements from Closed Session 
  1. Announcements from City Council Members
  1. Announcements from City Administrator
  1. 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 April
Monthly Reports 06-06-17 by L. A. Paterson on Scribd
Monthly Reports for the month of April

4. SR 2017-073 Consideration of a resolution authorizing the City Administrator to execute a settlement agreement with Pacific Gas & Electric Co.
Settlement Agreement PG&E 06-06-17 by L. A. Paterson on Scribd
Consideration of a resolution authorizing the City Administrator to execute a settlement agreement with Pacific Gas & Electric Co.

5. SR 2017-074 Consideration of a resolution approving the rates charged by GreenWaste Recovery for the collection of franchised solid waste, recycling and organics
Rates GreenWaste Recovery 06-06-17 by L. A. Paterson on Scribd
Consideration of a resolution approving the rates charged by GreenWaste Recovery for the collection of franchised solid waste, recycling and organics

6. SR 2017-075 Consideration of a resolution authorizing an extension of the approved retroactive extension to the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea.
Paramedic Service Provider Agreement 06-06-17 by L. A. Paterson on Scribd
Consideration of a resolution authorizing an extension of the approved retroactive extension to the Paramedic Service Provider Agreement between the County of Monterey and Carmel-by-the-Sea.

12. SR 2017-081 Award a Construction Contract to Monterey Peninsula Engineering for the Junipero and Fifth Avenue Storm Drain project in a total amount not to exceed $87,690 (base bid of $79,720 and $7,970 project contingency) and authorize a budget adjustment up to $8,650.
Construction Contract to Monterey Peninsula Engineering 06-06-17 by L. A. Paterson on Scribd
Award a Construction Contract to Monterey Peninsula Engineering for the Junipero and Fifth Avenue Storm Drain project in a total amount not to exceed $87,690 (base bid of $79,720 and $7,970 project contingency) and authorize a budget adjustment up to $8,650.

14. SR 2017-083 Receive a report on the Emergency Operations Center and the 2017 updated
Emergency Operations Plan.
Emergency Operations Center 06-06-17 by L. A. Paterson on Scribd
Receive a report on the Emergency Operations Center and the 2017 updated Emergency Operations Plan.

15. SR 2017-084 Consideration of a resolution approving participation of the City of Carmel-by-the-Sea in the Institute for Local Government’s Beacon Program.
Institute for Local Government’s Beacon Program 06-06-17.pdf by L. A. Paterson on Scribd
Consideration of a resolution approving participation of the City of Carmel-by-the-Sea in the Institute for Local Government’s Beacon Program.

17. SR 2017-086 Consideration of resolutions authorizing the City Administrator to execute amendments to professional services agreements for financial consulting and project management services for a total not to exceed amount of $82,500.
Financial Consulting and Project Management 06-06-17 by L. A. Paterson on Scribd
086 Consideration of resolutions authorizing the City Administrator to execute amendments to professional services agreements for financial consulting and project management services for a total not to exceed amount of $82,500.

18. SR 2017-087 Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).
Legislative Subpoena HomeAway, Inc. 06-06-17 by L. A. Paterson on Scribd
Consideration of a resolution authorizing the Mayor to execute a legislative subpoena to HomeAway, Inc. doing business as Vacation Rentals by Owner (VRBO).

19. SR 2017-088 Consideration of a Resolution of the City Council of the City of Carmel-by—the-Sea adopting the Memorandum of Understanding (MOU) between the City of Carmel-by- the Sea General employees union – an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO.
Memorandum of Understanding 06-06-17 by L. A. Paterson on Scribd
Consideration of a Resolution of the City Council of the City of Carmel-by—the-Sea adopting the Memorandum of Understanding (MOU) between the City of Carmel-by- the Sea General employees union – an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers’ International Union of North America, United Public Employees of California, LIUNA/UPEC, Local 792, AFL-CIO.

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

20. SR 2017-089 Adoption of the FY 2017/2018 Budget.
Fiscal Year 2017-2018 Budget 06-06-17 by L. A. Paterson on Scribd
Adoption of the FY 2017/2018 Budget.

21. SR 2017-090 Authorization of the City Administrator to Execute Lease Agreements between the City and Sunset Cultural Center Inc. for Management and Operations of the Sunset Center and the Forest Theater for the Term of July 1, 2017 to June 30, 2032.
Lease Agreements Between the City & SCC 06-06-17 by L. A. Paterson on Scribd
Authorization of the City Administrator to Execute Lease Agreements between the City and Sunset Cultural Center Inc. for Management and Operations of the Sunset Center and the Forest Theater for the Term of July 1, 2017 to June 30, 2032.

PUBLIC HEARINGS

23.
 SR 2017-092 Waive reading in full and adopt on second reading an ordinance moving the date of the City’s General Municipal Election from the second Tuesday in April of even-numbered years to the first Tuesday after the first Monday in November of even-numbered years beginning in November 2018.
City’s General Municipal Election 06-06-17.pdf by L. A. Paterson on Scribd
Waive reading in full and adopt on second reading an ordinance moving the date of the City’s General Municipal Election from the second Tuesday in April of even-numbered years to the first Tuesday after the first Monday in November of even-numbered years beginning in November 2018.

CITY COUNCIL: Draft Minutes March 7, 2017, Draft Minutes March 21, 2017, Draft Minutes March 29, 2017, Draft Minutes April 3, 2017, Draft Minutes April 4, 2017, Draft Minutes April 18, 2017, Draft minutes May 1, 2017 & Draft minutes May 2, 2017

   Minutes 06-06-17 by L. A. Paterson on Scribd
Draft Minutes March 7, 2017
Draft Minutes March 21, 2017
Draft Minutes March 29, 2017
Draft Minutes April 3, 2017
Draft Minutes April 4, 2017
Draft Minutes April 18, 2017
Draft Minutes May 1, 2017
Draft Minutes May 2, 2017

City Administrator Chip Rerig: FRIDAY LETTER, June 2, 2017

FRIDAY LETTER June 2, 2017
Bottega Veneta boutique burglarized
Take a seat! Mission Trail Nature Preseve
Getting CloserThe Park Branch Library
Events Around Town This Weekend