Monday, June 27, 2016

Two Noteworthy 30 June 2016 City Council Special Meeting Agenda Items

ABSTRACT: Two Noteworthy 30 June 2016 City Council Special Meeting Agenda Items including Authorization of the City Administrator to Execute an Amendment to the Agreement dated July 2, 2013 between the City and Sunset Cultural Center Inc. for Managing and Operating the Sunset Center for the Term of July 1, 2016 to June 30, 2017 and Beach Fires Revised Pilot Program Coastal Development Permit Approval are featured. Agenda Bills document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
SPECIAL MEETING
THURSDAY, June 30, 2016


1. CALL TO ORDER

2. ROLL CALL

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

6. Authorization of the City Administrator to Execute an Amendment to the Agreement dated July 2, 2013 between the City and Sunset Cultural Center Inc. for Managing and Operating the Sunset Center for the Term of July 1, 2016 to June 30, 2017.


PUBLIC HEARINGS Public Hearings consist of Zoning amendments, General Plan amendments, appeals of Commission decisions and other State-mandated items. If the Public Hearing is an appeal, appellants are allowed a total of 10 minutes to speak on their own behalf after the staff report and at the close of public comment in order to have an opportunity to rebut public comments. Other speakers will be allowed 3 minutes, or as otherwise established by the City Council.

7. Beach Fires Revised Pilot Program Coastal Development Permit Approval.
Beach Fires Revised Pilot Program 06-30-16
Beach Fires Revised Pilot Program Coastal Development Permit Approval.

Courthouse News Service: PG&E Criminal Trial Over Pipeline Blast

PG&E Demands Records From Private Eyes
6/7/2016 5:56:00 AM, Nicholas Iovino

PG&E Criminal Trial Over Pipeline Blast Begins
6/17/2016 4:45:00 PM, Nicholas Iovino

6/22/2016 4:06:00 AM, Nicholas Iovino

6/24/2016 6:35:00 AM, Nicholas Iovino
REFERENCE:

Sunday, June 26, 2016

$2 Million Renovation of the Historic Forest Theater: Photographic Depiction, June 2016

CITY OF CARMEL-BY-THE-SEA, CALIFORNIA

CODY ANDERSON WASNEY ARCHITECTS, INC.

OTTO CONSTRUCTION

Forest Theater Entrance, Mountain View Av. & Santa Rita St.


To Outdoor Forest Theater
Foreground: Pedestrian Stairs (left) & Vehicular Ramp (right)
Background: Restrooms & Concessions (left) & Indoor Forest Theater (right)


View of Indoor Forest Theater, Exterior


Area between Audience Seating (left) & Stage (right)
Access to Disabled Patrons ADA Seating via ADA Pathway


ADA Pathway, View to ADA Seating Area
(near Guadalupe St. Gate, SE to NW view)

ADA Pathway, View from Disabled Patrons Seating Area
(NW to SE view)


Disabled Patrons ADA Seating Area
(View West to East)


Center Aisle, View of Audience Seating & Stage


View of Audience Seating & Stage (NW to SE)


Departing Outdoor Forest Theater
ADA Parking Space (left) & Restrooms (right)

REFERENCES:
Forest Theater finally ready for its debut, MARY SCHLEY, The Carmel Pine Cone, May 27,2016, 1A & 12A

The Borrowers The Musical – June 23 – July 17

Saturday, June 18, 2016

CRIMINAL, U.S. DISTRICT COURT: PG&E Criminal Trial, Thirteen Criminal Counts, including Pipeline Safety Violation Charges (Twelve Counts) & Obstructing a Federal Investigation National Transportation Safety Board (One Count)

RE: Pacific Gas & Electric Co. criminal trial of violating record-keeping and pipeline maintenance requirements of the U.S. Natural Gas Pipeline Safety Act (12 counts) and obstructing justice in a federal probe (NTSB) of the fatal explosion of a PG&E pipeline, 2010 San Bruno natural gas explosion
·        12-Member Jury and Six Alternate Jurors, Sworn In, Thursday, June 16, 2016
·        Lead Prosecutor, Assistant U.S. Attorney Hallie Hoffman, Opening Statement, & Lead Defense attorney, PG&E attorney Steven Bauer, Friday, June 17, 2016

NOTES:
  • U.S. District Judge Thelton Henderson, Federal Building courtroom, San Francisco.
  • Trial is expected to last six weeks, Tuesdays through Fridays.
  • If convicted of all charges, the utility could be fined $562 million.
REFERENCES:
Prosecutor begins PG&E trial with blistering opening statement
Updated 7:46 pm, Friday, June 17, 2016

PG&E criminal trial over San Bruno explosion begins
By George Avalos, gavalos@bayareanewsgroup.com
Posted: 06/17/2016

PG&E criminal trial opening statement Friday, jury sworn in today
Bay City News Published: June 16, 2016, 4:55 pm Updated: June 16, 2016

California State Water Resources Control Board Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company & Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060

ABSTRACT: On July 17, 2016, the California State Water Resources Control Board staff issued Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060. Importantly, “Cal-Am shall diligently implement actions to terminate its unlawful diversions from the Carmel River and shall terminate all unlawful diversions from the river no later than December 31, 2021. This date supersedes the December 31, 2016 date in State Water Board Order WR 2009-0060.” “The public is invited to comment on California-American Water’s (Cal-Am) request to modify State Water Board Order WR 2009-0060, on the preliminary recommendation, or other related documents prior to the July 19, 2016 State Water Board meeting, at which the Board is anticipated to consider action on the application. Staff may further amend its recommendations before that time. Written Comments are due no later than 5:00 PM on July 13, 2016.” Staff Preliminary Recommendation includes the following sections:
1. Extension of the Order to December 31, 2021
2. Effective Diversion Limit (EDL)
Staff proposes an effective diversion limit of 7,990 AFA.
3. Milestone Adjustment to EDL
Staff proposes accepting the concept of milestones, as they provide incentive for development of alternative water supplies, and also provide a stepping-down of diversions from the Carmel River in the event that the water supply projects do not continue on a path towards completion in a reasonable time.
4. Carryover Credits
5. New Water Meter Connections
6. Small Projects & Instream Flow Protections
7. Aquifer Storage & Recovery (ASR) Accounting
8. Extension of Allowing use MPWMD allotment credits for Pebble Beach
9. Milestone Exceptions
10. Funding for Steelhead Fishery Report
11. Conservation Measure Funding, Old Carmel River Dam & Sleepy Hollow Ford
12. Malpaso and Pacific Grove Water Supplies
The Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060 California-American Water Company June 17, 2016 and Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060 document copies are embedded. 
Preliminary Staff Recommendation to Modify Cease and Desist Order WR 2009-0060
California-American Water Company
June 17, 2016
Notice of Comment Deadline & Rationale Document for Preliminary Staff Recommendation California-American Water Request to Modify Cease and Desist Order WR 2009-0060
STATE OF CALIFORNIA
In the Matter of the Unauthorized Diversion and Use of Water by the California American Water Company

REFERENCE:
 MONTEREY COUNTY WEEKLY

Friday, June 17, 2016

Thursday, June 16, 2016

Proceeding Number A.12-04-019 E-MAIL RULING ON COMMON BRIEFING OUTLINE

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 ON COMMON BRIEFING OUTLINE document copy is embedded. 
Filing Date 05-23-16
E-MAIL RULING ON COMMON BRIEFING OUTLINE

Proceeding Number A.12-04-019 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING WORKSHOP AND PUBLIC PARTICIPATION HEARING ALONG WITH BILL INSERT AND NEWSPAPER NOTICE

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING SETTING WORKSHOP AND PUBLIC PARTICIPATION HEARING ALONG WITH BILL INSERT AND NEWSPAPER NOTICE document copy is embedded.
Filing Date 06-10-16

Proceeding Number A.12-04-019 SETTLING PARTIES’ MOTION TO APPROVE BRINE DISCHARGE SETTLEMENT AGREEMENT

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 SETTLING PARTIES’ MOTION TO APPROVE BRINE DISCHARGE SETTLEMENT AGREEMENT document copy is embedded.
Filing Date 06-14-16
SETTLING PARTIES’ MOTION TO APPROVE BRINE DISCHARGE SETTLEMENT AGREEMENT

Proceeding Number A.12-04-019 JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT ON DESALINATION PLANT RETURN WATER

ABSTRACT: Re: Application of California-American Water Company (U210W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, the JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT ON DESALINATION PLANT RETURN WATER document copy is embedded.
Filing Date 06-14-16
JOINT MOTION FOR APPROVAL OF SETTLEMENT AGREEMENT ON DESALINATION PLANT RETURN WATER
EXHIBIT A

Proceeding Number I.14-11-008 REPLY BRIEF OF PACIFIC GAS AND ELECTRIC COMPANY

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA 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, the REPLY BRIEF OF PACIFIC GAS AND ELECTRIC COMPANY document copy is embedded.

Reply Brief of Pg&e 4-01-16
Filing Date 04-01-16
REPLY BRIEF OF PACIFIC GAS AND ELECTRIC COMPANY
Appendices A-C

Proceeding Number I.14-11-008 REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA 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, the REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION document copy is embedded.

Reply Brief of the Safety and Enforcement Division
Filing Date 4-01-16
REPLY BRIEF OF THE SAFETY AND ENFORCEMENT DIVISION

Proceeding Number I.14-11-008 CITY OF CARMEL-BY-THE-SEA REPLY BRIEF

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA 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, the CITY OF CARMEL-BY-THE-SEA REPLY BRIEF document copy is embedded

City of Carmel Reply Brief
Filing Date 4-01-16
CITY OF CARMEL-BY-THE-SEA REPLY BRIEF

Friday, June 10, 2016

earth alert! ‘educating the public on environmental issues:’ Heroes of the Coast — the Documentary

ABSTRACT:Written, produced and directed by Janet Bridgers, the President of EarthAlert!, Heroes of the Coast - The Documentary tells the story of some of the Californians who invested their time, money and, sometimes, their careers, in supporting the passage of Proposition 20, The California Coastal Protection Act” video is embedded. “This 52-minute documentary presents 50 years of the California coastal protection movement from direct sources--the individuals who worked successfully for passage of Prop. 20 in 1972. Prop. 20 created the California Coastal Commission, and was reauthorized by the legislature's passage of the Coastal Act in 1976, signed by Gov. Jerry Brown. The documentary also describes the process and achievements of the Coastal Commission.” Additonally, Heroes of the Coast - Josh Ashenmiller, PhD., a 9-minute video provides “additional historical context, particularly with regard to federal environmental legislation that was passed in the same time period,” is embedded.

Heroes of the Coast - the Documentary

Heroes of the Coast - Josh Ashenmiller, PhD

REFERENCES:

About Us

Our Mission
 The mission of Earth Alert! is to contribute to the enormous and ongoing need to educate the public on environmental issues by cost-effective use of mainstream media and independent production.

Monday, June 06, 2016

PLANNING COMMISSION REGULAR MEETING AGENDA, June 8, 2016

ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports document copies for June 8, 2016 are embedded. 

PC Agenda 06-08-16
PLANNING COMMISSION REGULAR MEETING AGENDA, June 8, 2016

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.

3. DS 16-171 (Loewy)
Brian Congleton

Mission 2 SW of 1st Ave
Block: 11; Lot: 7
APN: 010-121-021
Consideration of the re-issuance of a Design Study (DS 16-171) and associated Coastal Development Permit with revisions for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning District located in the Single-Family Residential (R-1), Park Overlay (P) and Very High Fire Hazard Severity (VHFHS) Zoning Districts.
Loewy 06-08-16


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.

2. DS 15-466 (Murphy)
Richard Rhodes

Camino Real, 3 SE of Ocean Avenue
Block: G; Lots: 8 & 10
APN: 010-261-011
Consideration of roofing material for a previously approved Design Study (DS 15-466) authorizing the demolition of an existing residence and construction of a new residence located in the Single-Family Residential (R-1) Zoning District.
Murphy 06-08-16


3. AD 16-216 (Carmel eBike)
Ryan Bell
Dolores, 3 SW of 5th Avenue
Blk: 55; Lots 5 & 7
APN: 010-138-003
Consideration of an Administrative Determination (AD 16-216) for the acceptability of a bicycle rental shop at a site located in the Service Commercial (SC) Zoning District.
Carmel E-Bike 06-08-16


4. DS 16-051 (Taylor)
Holdren & Lietzke

NW Cor. of Camino Real & Ocean Ave.
Blk: GG; Lots: 1, 3, & 5
APN: 010-252-011
Consideration of a Combined Concept and Final Design Study (DS 16-051) and associated Coastal Development Permit for the remodel of an existing historic residence located in the Single-Family Residential (R-1) Zoning District.
Taylor 06-08-16


5. DS 16-177 (Kronenberger)
Mark Thompson Design

SE Cor. of San Antonio St. & 11th Ave.
Blk: X; Lot: 2
APN: 010-279-016
Consideration of a Concept Design Study (DS 16-177) and associated Coastal Development Permit for alterations to an existing residence located in the Single-Family Residential (R-1) Zoning District.
Kronenberger 06-08-16


6. DS 16-153 (O’Brien)
Claudio Ortiz Design Group

Lincoln Street, 5 SE of 12th Avenue
Blk: 136; Lot: 12
APN: 010-171-016
Consideration of a Concept Design Study (DS 16-153) and associated Coastal Development Permit for alterations to an existing residence located in the Single-Family Residential (R-1) Zoning District.
O’Brien 06-08-16


7. DS 16-172 (Entis)
Claudio Ortiz Design Group

Casanova Street, 2 SW of 12th Avenue
Blk: AA; Lot: 03
APN: 010-281-003
Consideration of a Concept Design Study (DS 16-172) and associated Coastal Development Permit for demolition of an existing residence and construction of a new residence in the Single- Family Residential (R-1) Zoning District.
Entis 06-08-16


8. UP 16-181 (Café Artemis)
Erkan Demir

Ocean Avenue, 3 SW of Mission St.
Blk: 77; Lot: 3
APN: 010-141-001
Consideration of a Use Permit (UP 16-181) application for a new full-service restaurant located in the Central Commercial (CC) Zoning District.
Café Artemis 06-08-16


I. DIRECTOR’S REPORT
1. Discussion on Permitted Uses vs. Conditional Uses
Director’s Report 06-08-16
Discussion on Permitted Uses vs. Conditional Uses

PLANNING COMMISSION REGULAR MEETING – MINUTES May 11, 2016

PLANNING COMMISSION REGULAR MEETING – MINUTES May 11, 2016

PLANNING COMMISSION REGULAR MEETING – MINUTES April 13, 2016

PLANNING COMMISSION REGULAR MEETING – MINUTES April 13, 2016

Friday, June 03, 2016

Ten Noteworthy 6 June 2016 City Council Special Meeting Agenda Items

ABSTRACT: Ten Noteworthy 6 June 2016 City Council Special Meeting Agenda Items including CLOSED SESSION, PUBLIC APPEARANCES, Monthly Reports for the Month of April a. Contracts executed within the City Administrator’s Signing Authority b. Community Planning and Building Department Reports c. Police, Fire, Ambulance and Beach Reports d. Public Records Act Request Logs – City Clerk and Police e. Forester’s Report f. City Treasurer’s Report, Consideration of a resolution authorizing the City Administrator to execute the updated Monterey County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP), Consideration of a Resolution Approving the Rates Charged by GreenWaste Recovery Effective July 1, 2016 for the Collection of Franchised Solid Waste, Recycling and Organics, Receive fully revised and approved Forest Theater Use Agreement for informational purposes, Consideration of a Resolution Confirming the City’s Appointments to Local Agencies: Association of Monterey Bay Area Governments (AMBAG), Fort Ord Reuse Authority (FORA), Monterey Peninsula Regional Water Authority(MPRWA), Monterey-Salinas Transit (MST), and Transportation Agency of Monterey County (TAMC), and others as determined, Authorize the City Administrator to Execute Various Professional Services Agreements for Beach Security, Code Compliance in a Total Amount Not to Exceed $67,000, Direction on Preferred Plan for Replacement of the City’s Holiday Tree and Beach Fires Revised Pilot Program Coastal Development Permit Approval, are featured. Agenda Bills document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
SPECIAL MEETING
MONDAY, JUNE 6, 2016
TOUR OF INSPECTION 2:30 P.M.
CLOSED SESSION 3:30 P.M.
OPEN SESSION 5:30 P.M.


CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION (Beginning at 3:30 P.M.)
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jennifer Da Silva, Plaintiff v. City of Carmel-by-the-Sea, Monterey County Superior Court Case No. M132929

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, Plaintiff v. Pacific Harvest Seafoods, Inc. - Monterey County Superior Court Case No. 15CV000014

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

4. LITIGATION ONE MATTER
BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA
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)

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

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

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

2. Monthly Reports for the Month of April
a. Contracts executed within the City Administrator’s Signing Authority
b. Community Planning and Building Department Reports
c. Police, Fire, Ambulance and Beach Reports
d. Public Records Act Request Logs – City Clerk and Police
e. Forester’s Report
f. City Treasurer’s Report
Monthly Reports April 2016 6-06-16


3. AB 1127 Consideration of a resolution authorizing the City Administrator to execute the updated Monterey County Multi-jurisdictional Local Hazard Mitigation Plan (LHMP).
Local Hazard Mitigation Plan 6-06-16


4. AB 1128 Consideration of a Resolution Approving the Rates Charged by GreenWaste Recovery Effective July 1, 2016 for the Collection of Franchised Solid Waste, Recycling and Organics.
GreenWaste Recovery 6-06-16


7. AB 1131 Receive fully revised and approved Forest Theater Use Agreement for informational purposes.
Forest Theater Use Agreement 6-06-16


9. AB 1133 Consideration of a Resolution Confirming the City’s Appointments to Local Agencies: Association of Monterey Bay Area Governments (AMBAG), Fort Ord Reuse Authority (FORA), Monterey Peninsula Regional Water Authority(MPRWA), Monterey-Salinas Transit (MST), and Transportation Agency of Monterey County (TAMC), and others as determined.
Appointments to Local Agencies 6-06-16


11. AB 1135 Authorize the City Administrator to Execute Various Professional Services Agreements for Beach Security, Code Compliance in a Total Amount Not to Exceed $67,000
Beach Security, Code Compliance 6-06-16


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

13. AB 1137 Direction on Preferred Plan for Replacement of the City’s Holiday Tree.
Holiday Tree 6-06-16


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

14. AB 1138 Beach Fires Revised Pilot Program Coastal Development Permit Approval.
Beach Fires Revised Pilot Program 6-06-16
Beach Fires Revised Pilot Program Coastal Development Permit Approval

Six Noteworthy 7 June 2016 City Council Regular Meeting Agenda Items

ABSTRACT: Six Noteworthy 7 June 2016 City Council Regular Meeting Agenda Items including ANNOUNCEMENTS, PRESENTATIONS, PUBLIC APPEARANCES, Public Hearing and Adoption of the FY 2016-2017 Budget, Consideration of a resolution approving FY 2016-2017 Gann Limits and Consideration of a resolution approving MOU maintenance efforts (Prop 172) are featured. Agenda Bills document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
REGULAR MEETING
TUESDAY, June 7, 2016


CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS

2. Beach Rescue Commendation

3. Centennial Committee Update

4. Short-term Rentals Report

PRESENTATIONS
5. National Weather Service Presentation

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

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

1. AB 1140 Public Hearing and Adoption of the FY 2016-2017 Budget
 FY 2016-17 Budget 6-07-16
City Proposed Budget Fy 2016-2017

City of Carmel-by-the-Sea
Fiscal Year 2016-2017
PROPOSED BUDGET

2. AB 1141 Consideration of a resolution approving FY 2016-2017 Gann Limits
Gann Limit Calculation 6-07-16


3. AB 1142 Consideration of a resolution approving MOU maintenance efforts (Prop 172)
MOU Maintenance Efforts 6-07-16
Consideration of a resolution approving MOU maintenance efforts (Prop 172)

Thursday, June 02, 2016

Proceeding Number I.14-11-008 PRESIDING OFFICER’S DECISION

ABSTRACT: Re: BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA 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, the PRESIDING OFFICER’S DECISION document copy is embedded.
Summary
Today’s decision finds that Pacific Gas and Electric Company failed to comply with applicable law and regulations in maintaining accurate records of its natural gas distribution system. These inaccurate records were relied on for locating and marking underground facilities in anticipation of excavation. The inaccurately mapped and consequently inaccurately marked facilities led to excavators damaging the distribution system in several instances. Release of natural gas, service interruptions and, in one case, significant property damage resulted. Today’s decision first separates the violations into systemic failures and isolated mistakes in an otherwise compliant system, and imposes substantial fines for systemic failures and graduated fines for the isolated instances. Total fines of $24,310,000 are assessed for the systemic violations and incidents found in today’s decision. With the Citation previously assessed for the Carmel incident, the total fine imposed on Pacific Gas and Electric Company for distribution system incidents is $35,160,000. This proceeding is closed.
Conclusion
For the violations of federal and state law and regulations set forth above,
PG&E shall pay a total fine of $ 24,310,000.
Violation
Amount of Fine
Failure to Minimize Possibility of Recurrence – Plastic Inserts
$10,800,000

Failure to Analyze and Minimize Possibility of Recurrence – Missing DeAnza Records
$ 10,786,000

Failure to Provide Safe and Reliable Service – Milpitas 1
$ 1,974,000

Specific Incidents $ 750,000
$ 750,000
TOTAL
$24,310,000
Incident Description Carmel, March 3, 2014, PG&E crew welded a tapping tee into a 2 inch steel distribution main with unmapped plastic insert, natural gas migrated into the unoccupied residence, collected and exploded hours later.
Harm Caused Residence destroyed, value = $302,000
Presiding Officer Determination $100,000
2 violations @ $50,000 each
Citation for $10.8 million already paid to General Fund.
(also part of failure to minimize recurrence fine)
 IT IS ORDERED that:
1. Within 30 days of the effective date of this order Pacific Gas and Electric Company must pay a fine of $24,310,000 by check or money order payable to the California Public Utilities Commission and mailed or delivered to the Commission’s Fiscal Office, 505 Van Ness Avenue, Room 3000, San Francisco, CA 94102. Write on the face of the check or money order “For deposit to the General Fund per Decision _____.”
2. Pacific Gas and Electric Company (PG&E) shall convene, support, and report on a meet and confer process to consider and develop additional remedial measures necessary to address the issues identified in today’s decision. The objective of this process will be a comprehensive compliance plan that includes all feasible and cost-effective measures necessary to improve PG&E’s natural gas distribution system record-keeping. The participants shall begin their review with Exhibit E to D.15-04-024 to evaluate those remedial measures to determine whether more or different requirements are needed for the gas distribution system. All parties to this proceeding shall be invited to participate as well as all parties to the most recent general rate case and Investigation 11-02-016. The Commission’s Safety and Enforcement Division shall participate and monitor this process. No later than 120 days after the effective date of this order, PG&E shall file and serve its initial compliance plan.
3. Investigation 14-11-008 is closed.
This order is effective today.
 NOTE: City of Carmel-by-the-Sea
The City stated that PG&E was fined $10.8 million dollars for blowing up a home in Carmel two years ago because its practices, records and safety protocols failed in a catastrophic manner. Carmel contended that PG&E's gas transmission system was not safe and operated in violation of Section 451 of the Public Utilities Code and it records system was, and arguably still is, incompetent to run a gas utility in the 21st century.
The City explained that almost two years after the explosion, Carmel's City Council and residents are still fearful for their safety when PG&E crews are working in City streets and are fearful of what dangers lie below in PG&E's labyrinth of underground pipelines.
Carmel supported SED’s position, and found PG&E's arguments and witnesses' testimony presented at the evidentiary hearings in an effort to show the utility did not violate the law to ring hollow and were in bad faith; so much so that Carmel believed PG&E submitted misrepresentations to the Commission. Carmel concluded with the hope that the Commission would see through PG&E's too-little-too-late excuses and promises regarding the safety of its distribution system.
Carmel proposed fines of up to $651 million, with supporting calculations. Carmel also recommended linking executive compensation to safety objectives, appointing independent monitors for PG&E’s system, and ordering PG&E to compensate Carmel for its expenses.
Filing Date 6-01-16
PRESIDING OFFICER’S DECISION
including Attachment A
Adopted Remedies Proposed by CPSD in I.11-02-016
(Recordkeeping OII)

ADDENDUM:
Filing Date 4-09-15
DECISION ON FINES AND REMEDIES TO BE IMPOSED ON PACIFIC GAS AND ELECTRIC COMPANY FOR SPECIFIC VIOLATIONS IN CONNECTION WITH THE OPERATION AND PRACTICES OF ITS NATURAL GAS TRANSMISSION SYSTEM PIPELINES