Wednesday, September 30, 2020

CITY COUNCIL AGENDA SPECIAL MEETING, October 5, 2020

https://drive.google.com/file/d/1UnpZXbL__0T4CPFNMaIa10ApDWiwmqe1/view?usp=sharing 
CITY OF CARMEL-BY-THE-SEA 
CITY COUNCIL AGENDA 
CITY COUNCIL SPECIAL MEETING 
Monday, October 5, 2020 
4:30 PM

SIXTEEN NOTEWORTHY CITY COUNCIL REGULAR MEETING AGENDA ITEMS, October 6, 2020

ABSTRACT: Sixteen Noteworthy City Council Regular Meeting Agenda Items, October 6, 2020, including PUBLIC APPEARANCES, ANNOUNCEMENTS; CONSENT AGENDA including August 31, 2020 Special Meeting Minutes, September 1, 2020 Meeting Minutes, September 3, 2020 Adjourned Meeting Minutes and September 22, 2020 Special Meeting Minutes, Monthly Reports for August: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report, August 2020 Check Register Summary, Resolution 2020-062 authorizing the City Administrator to retroactively extend the contract for animal services with the Monterey County Health Department’s Animal Services Division ending June 30, 2021, Resolution 2020-063, amending Policy C89-02 City Council Rules and Procedures, Resolution 2020-064, amending Policy C95-01 Claims Against the City, Resolution 2020-065 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2020 to June 30, 2021 in an amount not to exceed $120,040, Resolution 2020-068, declaring the City Council’s intention to renew the Carmel Hospitality Improvement District and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof, Resolution 2020-069, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP) Planning Grant Program funds, Resolution 2020-070 amending Resolution 2020-057 regarding rules for the use of the beach in the City of Carmel by-the-Sea and Resolution 2020-071 authorizing the City Administrator to execute an agreement regarding Verizon Wireless Small Cell Facilities; ORDERS OF BUSINESS including Presentation on the Years Two and Three Status Report for the North Dunes Habitat Restoration Project, Resolution 2020-072 approving applications for Per Capita Grant Funds and FY 2020-2021 Budget Status Update; PUBLIC HEARINGS including Consideration of an Appeal (Stepanek) of a decision made by the Forest and Beach Commission of August 20, 2020 for penalties to be paid for damage to the Urban Forest and approval of the removal of cypress tree #2. The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, October 6, 2020 and Staff Report document copies are embedded. https://drive.google.com/file/d/1nYpv1FePsAu_fVqEmDK1PX67U1JbKOy6/view?usp=sharing 
CITY OF CARMEL-BY-THE-SEA 
CITY COUNCIL AGENDA 
REGULAR MEETING 
Tuesday, October 6, 2020 

Governor Newsom’s Executive Order N-29-20 has allowed local legislative bodies to hold public meetings via teleconference and to make public meetings accessible telephonically or otherwise electronically to all members of the public seeking to observe and to address the local legislative body. Also, see the Order by the Monterey County Public Health Officer issued March 17, 2020. The health and well-being of our residents is the top priority for the City of Carmel-by-the-Sea. To that end, this meeting will be held via teleconference and web-streamed on the City’s website ONLY. 

To attend via Teleconference; Dial in number 1 337-339-9248 PIN: 265 130 248# 

The public can also email comments to cityclerk@ci.carmel.ca.us. Comments must be received 2 hours before the meeting in order to be provided to the legislative body. Comments received after that time and up to the beginning of the meeting will be added to the agenda and made part of the record. 

OPEN SESSION 
4:30 P.M. 

CALL TO ORDER AND ROLL CALL 
Mayor Dave Potter, Council Members Jeff Baron, Jan Reimers, Bobby Richards, and Carrie Theis

PUBLIC APPEARANCES 
Members of the Public are invited to speak on any item that does not appear on the Agenda and that is within the subject matter jurisdiction of the City Council. The exception is a Closed Session agenda, where speakers may address the Council on those items before the Closed Session begins. Speakers are usually given three (3) minutes to speak on any item; the time limit is in the discretion of the Chair of the meeting and may be limited when appropriate. Applicants and appellants in land use matters are usually given more time to speak. If an individual wishes to submit written information, he or she may give it to the City Clerk. Speakers and any other members of the public will not approach the dais at any time without prior consent from the Chair of the meeting. 

ANNOUNCEMENTS 
A. City Administrator Announcements 
B. City Attorney Announcements 
C. Councilmember Announcements 

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. August 31, 2020 Special Meeting Minutes, September 1, 2020 Meeting Minutes, September 3, 2020 Adjourned Meeting Minutes and September 22, 2020 Special Meeting Minutes https://drive.google.com/file/d/1kxUuSRWTs6Hy-0Yyg98IoLoi_jNM-xT8/view?usp=sharing 
August 31, 2020 Special Meeting Minutes, September 1, 2020 Meeting Minutes, September 3, 2020 Adjourned Meeting Minutes and September 22, 2020 Special Meeting Minutes 

2. Monthly Reports for August: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report
Monthly Reports for August: 1) City Administrator Contract Log; 2) Community Planning and Building Department Reports; 3) Police, Fire, and Ambulance Reports; 4) Public Records Act Requests, and 5) Public Works Department Report 

3. August 2020 Check Register Summary
August 2020 Check Register Summary 

 5. Resolution 2020-062 authorizing the City Administrator to retroactively extend the contract for animal services with the Monterey County Health Department’s Animal Services Division ending June 30, 2021
Resolution 2020-062 authorizing the City Administrator to retroactively extend the contract for animal services with the Monterey County Health Department’s Animal Services Division ending June 30, 2021.

6. Resolution 2020-063, amending Policy C89-02 City Council Rules and Procedures
Resolution 2020-063, amending Policy C89-02 City Council Rules and Procedures  

7. Resolution 2020-064, amending Policy C95-01 Claims Against the City
  https://drive.google.com/file/d/1kAF0y44m4Kz5EvVKo_nvOjXcVIcnv4Vh/view?usp=sharing
Resolution 2020-065 authorizing the City Administrator to execute an agreement with the Monterey County Convention and Visitors Bureau for Destination Marketing for the term of July 1, 2020 to June 30, 2021 in an amount not to exceed $120,040 

11. Resolution 2020-068, declaring the City Council’s intention to renew the Carmel Hospitality Improvement District and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof
Resolution 2020-068, declaring the City Council’s intention to renew the Carmel Hospitality Improvement District and fixing the time and place of a public meeting and public hearing thereon and giving notice thereof 

12. Resolution 2020-069, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP) Planning Grant Program funds
Resolution 2020-069, authorizing application for, and receipt of, State of California Regional Early Action Program (REAP) Planning Grant Program funds 

13. Resolution 2020-070 amending Resolution 2020-057 regarding rules for the use of the beach in the City of Carmel by-the-Sea
  https://drive.google.com/file/d/1LxTVECdgG-hgiU_FpxclleXDXw7joqBw/view?usp=sharing Resolution 2020-070 amending Resolution 2020-057 regarding rules for the use of the beach in the City of Carmel by-the-Sea 

14. Resolution 2020-071 authorizing the City Administrator to execute an agreement regarding Verizon Wireless Small Cell Facilities
  https://drive.google.com/file/d/1NRqufp0gbtKMX0UOklBgbR77gvEwiqWN/view?usp=sharing Resolution 2020-071 authorizing the City Administrator to execute an agreement regarding Verizon Wireless Small Cell Facilities 

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. Presentation on the Years Two and Three Status Report for the North Dunes Habitat Restoration 
Project
Presentation on the Years Two and Three Status Report for the North Dunes Habitat Restoration Project  

16. Resolution 2020-072 approving applications for Per Capita Grant Funds
Resolution 2020-072 approving applications for Per Capita Grant Funds 

17. FY 2020-2021 Budget Status Update
FY 2020-2021 Budget Status Update 

PUBLIC HEARINGS 
18. Consideration of an Appeal (Stepanek) of a decision made by the Forest and Beach Commission of August 20, 2020 for penalties to be paid for damage to the Urban Forest and approval of the removal of cypress tree #2 
Consideration of an Appeal (Stepanek) of a decision made by the Forest and Beach Commission of August 20, 2020 for penalties to be paid for damage to the Urban Forest and approval of the removal of cypress tree #2 

ADJOURNMENT

Sunday, September 13, 2020

On SARS-CoV-2

Face masks,lies, damn lies, and public health officials: “A growing body of evidence”
Denis G. Rancourt, PhD
Researcher, Ontario Civil Liberties Association (ocla.ca)
Working report (not submitted for journal publication), published at Research Gate
3 August 2020


By Prof. Joseph Audie
26 August 2020

PUBLIC RECORDS ACT (PRA) REQUEST NUMBERS 2020-064, 2020-066, 2020-067, 2020-068, 2020-070, 2020-072, 2020-073, 2020-074, 2020-075 & CITY RESPONSES, PRA LOG JULY 2020

REQUEST NUMBER 2020-064
REQUEST DATE 7/6/2020
STATUS
COMPLETED DATE 7/29/2020
REQUESTOR Paterson
INFORMATION REQUESTED Electrontc copies of correspondence and public records regarding the initial decision to elimtnate overtime for the ambulance as of July 1, 2020 and then the decision to delay that decision until the matter of reductng the estimated $300,000 cost of overtime is discussed further, including correspondence to and from Public Safety Director/Police Chief Paul Tomasi, City Administrator Chip Rerig, any other City employees and Carmel Fire Ambulance, Davtd Jedtnak (ambulance employees' association). Monterey Fire Department, Monterey Firefighters Association, attorney Stuart Adams, and any others commentting on the aforementioned topic; Public records regarding the City's efforts to fill the vacant position which has been vacant for a couple of years.

Hello,

Attached please find the records on file in response to your request dated July 3, 2020, for the following:

Electronic copies of correspondence and public records regarding the initial decision to eliminate overtime for the ambulance as of July 1, 2020 and then the decision to delay that decision until the matter of reducing the estimated $300,000 cost of overtime in discussed further, including correspondence to and from Public Safety Director/Police Chief Paul Tomasi, City Administrator Chip Rerig, any other city employees and Carmel Fire Ambulance, David Jedinak (ambulance employees’ association), Monterey Fire Department, Monterey Firefighters Association, attorney Stuart Adams, and any others commenting on the aforementioned topic.

Public records regarding the City’s efforts to fill the vacant position which has been vacant for a couple of years.

Thank you,

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea


Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.

The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea. Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email. However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.
PRA 2020-064 City Response

REQUEST NUMBER 2020-066
REQUEST DATE 7/6/2020
STATUS
COMPLETED DATE 7/15/2020
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of Carmel-by-the-Sea Police Department written policies, practices and procedures regarding the monitoring and use of social media, including but not limited to, training, required written documentation when any action is subsequently taken and software, applications and/or databases used to determine threat rating/risk.

Hello,

This email is in response to your request for public records dated July 4, 2020, and received July 6, 2020, for the following:

Electronic copies of Carmel-by-the-Sea Police Department written policies, practices and procedures regarding the monitoring and use of social media, including but not limited to, training, required written documentation when any action is subsequently taken and software, applications and/or databases used to determine threat rating/risk.
This information can be found on the City's website at https://ci.carmel.ca.us/post/police-standard-policies-and-practices.

Thank you,

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.

The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea. Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email. However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.
PRA 2020-066 City Response

REQUEST NUMBER 2020-067
REQUEST DATE 7/13/2020
STATUS
COMPLETED DATE 8/6/2020
REQUESTOR Paterson
INFORMATION REQUESTED Names/identification of Evaluation Committee members,
i.e. "representatives with expertise and industry knowledge in the areas of building and construction, finance, historic preservation and planmng and development." 2) Names/ldentification of Panel members, i.e."City Council members, community stakeholders and indust ry experts" who conducted interviews "with the highest-ranked prospective curators." 3) public records demonstrating that the City negotiated w1th the second highest ranked curator, namely Joseph G. Headley and family, after the City discontmued negotiations with Negotiating Parties Les Albiol and Patricia Albiol in May 2020. 4) 0nce the "finalists" were determined in April 2019, correspondence from the City to rejected applicants notifying them regarding the status of their proposals, namely Jennifer Blevins and Martin Watson, Michael and Brittncy Buffo, Raquel M. Carter and William J. Gordon, and correspondence to the "finalists," namely Joseph G., Lisa, Grant and Jake Headley and Les and Tnsh Albiol. And any subsequent correspondence from the applicants to the City and from the City to the applicants to the present.

Hello,

Attached please find the records on file in response to your request dated July 12, 2020, for the following:

1. Names/identification of Evaluation Committee members, i.e. “representatives with expertise and industry knowledge in the areas of building and construction, finance, historic preservation and planning and development.”

2. Names/identification of Panel members, i.e.“City Councilmembers, community stakeholders and industry experts” who conducted interviews “with the highest-ranked prospective curators.”

3. With regard to the statement “If the City and the selected curator are not able to reach consensus, negotiations will cease and the City will negotiate with the second-highest ranked curator:” public records demonstrating that the City negotiated with the second-highest ranked curator, namely Joseph G. Headley and family, after the City discontinued negotiations with Negotiating Parties Les Albiol and Patricia Albiol in May 2020.

4. Once the “finalists” were determined in April 2019, correspondence from the City to rejected applicants notifying them regarding the status of their proposals, namely Jennifer Blevins and Martin Watson, Michael and Brittney Buffo, Raquel M. Carter and William J. Gordon, and correspondence to the “finalists,” namely Joseph G., Lisa, Grant and Jake Headley and Les and Trish Albiol. And any subsequent correspondence from the applicants to the City and from the City to the applicants to the present.


There are no records to provide for #1; the committee consisted of Robert Harary (building and construction), Sharon Friedrichsen (finance), and Marnie Waffle (historic preservation and planning and development). There are no records to provide for #3.

There have been redactions, as shown by the blank areas, which are not subject to production based upon the attorney-client privilege pursuant to Government Code Section 6254(k).

Thank you,

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.

The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea. Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email. However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.
PRA 2020-067 City Response

REQUEST NUMBER 2020-068
REQUEST DATE 7/13/2020
STATUS
COMPLETED DATE 7/20/2020
REQUESTOR Kelly Mills, Cochran Investment Company, Inc.
INFORMATION REQUESTED unclaimed/uncashed checks July 2016 to Jan 2020
PRA 2020-068 City Response

REQUEST NUMBER 2020-070
REQUEST DATE 7/17/2020
STATUS
COMPLETED DATE 7/27/2020
REQUESTOR Katey Rusch & Casey Smith
INFORMATION REQUESTED agreements regarding discipline between the City of Carmel and/or Carmel Police Department and former or current employees of the Carmel Police Department.
PRA 2020-070 City Response

REQUEST NUMBER 2020-072
REQUEST DATE 7/21/2020
STATUS
COMPLETED DATE
REQUESTOR Daniel Rojas
INFORMATION REQUESTED any and all documents related to former Administrative Services Director Susan Paul's separation of employment from Carmel By the Sea, which occurred in or around September 2014. Such document s should include e-mails, agreements reached with Ms. Paul, if any, and other correspondence among Carmel By the Sea management concerning Ms. Paul's work performance
PRA 2020-072 City Response

REQUEST NUMBER 2020-073
REQUEST DATE 7/23/2020
STATUS
COMPLETED DATE 8/3/2020
REQUESTOR Ivan Kranjcec
INFORMATION REQUESTED current employee/staff contact information
PRA 2020-073 City Response

REQUEST NUMBER 2020-074
REQUEST DATE 7/27/2020 clarified 8/3/2020
STATUS
COMPLETED DATE
REQUESTOR Paterson
INFORMATION REQUESTED correspondence from residents and business owners/employees, including but not limited to, correspondence from Shaheen Alnuaimi (Mission Bistro), addressed to t he city complaining of the city's actions and conduct related to the coronavirus pandemic, and city responses, between mid-March 2020 and the present
NOTES 7/31/2020; sent email requesting the request be more specific

Hello,

Attached please find the records on file in response to your request for records dated August 3, 2020, for the following:

SUPERSEDING, REVISED PUBLIC RECORDS ACT REQUEST

Electronic copies of complaint correspondence to the City, including but not limited to correspondence from Shaheen Alnuaimi (Mission Bistro) and Chris Kitterman, and City responses, if any, regarding the City’s reactions to the County’s Shelter-In-Place Orders, between March 18, 2020 and the present, specifically involving the actions and conduct of City Administrator Chip Rerig and City Councilmember Bobby Richards.


Thank you,

Britt Avrit, MMC
City Clerk
City of Carmel-by-the-Sea

Your request for public records, including your email address, and the City’s response to your request are subject to disclosure as public records under the California Public Records Act.

The City has declared an emergency in response to the COVID-19 crisis. In addition, the County of Monterey has issued a “shelter in place” order which is applicable to the City of Carmel-by-the-Sea. Accordingly, except as necessary to provide essential services, City offices are closed, effective March 18, 2020. The closure currently is ordered through April 8, 2020, but may be extended if circumstances warrant.

This Emergency impacts the City’s ability to provide services that are not immediately essential for the protection of public health and safety. The City has determined that responding to public records requests within the statutory time frames are not essential services. For those who wish to submit a request for public records, please continue to submit your request via email. However, you are advised that the City anticipates being delayed with responding to both previously received and new requests in light of the Declared Emergency.
PRA 2020-074 City Response

REQUEST NUMBER 2020-075
REQUEST DATE 7/31/2020
STATUS
COMPLETED DATE
REQUESTOR Hayden Hodges
INFORMATION I am requesting a list of all citations that the City of Carmel-By-The-Sea has issued for violations of the Monterey Public Health Order or the State Public Health Order in regard to COVID-19. The date range for this part of my request is March 1st, 2020 to July 30th, 2020. I am requesting a list of all current sworn police officers that currently work for the City of Carmel-By-The-Sea. I am requesting the amount of revenue that was generated from parking citations in the City of Carmel-By-The-Sea for the year of 2019. I am requesting a list of all current parking enforcement officers that are employed by t he City of Carmel-By-The-Sea and their current pay rate. I am requesting the amount of citations that were paid, the amount of citations that were issued, and the amount of citations that were appealed in the year of 2019. I am requesting the results of appeals for Parking Citations in the year of 2019. Please provide me with the number of appeals that were accepted and waived and the amount of appeals that were denied.
PRA 2020-075 City Response