MINUTES for Six Noteworthy 8 October 2013 City Council Agenda Items

MINUTES

REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA

AMENDED

October 8, 2013

 

II. PRESENT: Council Members Beach, Hillyard, Vice Mayor Talmage and Mayor Burnett

ABSENT: Council Member Theis excused

STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Rob Mullane, Community Planning and Bldg Services Director
Marc Wiener, Interim Senior Planner

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session.

1. Labor Negotiations- Government Code Section 54957.6 (a) Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Stilwell to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

2. Property Negotiations - Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 01 0-061-005).

3. Potential Litigation- Government Code Section 54956.9(b).2- Conference with legal counsel regarding potential litigation- one (1) matter.
City attorney, Don Freeman, read the items into the record and stated that there were no announcements from Closed Session. Mayor Burnett noted that he had recused himself from the closed session discussion regarding the Flanders Mansion due to a potential conflict

C. Announcements from City Administrator.

1. Assembly Member Mark Stone

This report was taken out of order m consideration of the Assembly Member's schedule.
On behalf of Council Member Theis, City Administrator Stilwell made an announcement regarding the success of a recent familiarization trip sponsored by the Hospitality Improvement District as well as one coming up soon and included four travel writers. There is another familiarization trip with six other journalists in about a week or so from today.

2. Summary Report from Monday's Workshop

City Administrator Stilwell provided highlights of Monday's workshop regarding Public Rights of Way and stated that the video of the workshop is available online.

3. Farmers Market Update

This item was deferred to the corresponding Consent Agenda item to be pulled for discussion by the Council.

4. CalAm Survey

 City Administrator Stilwell provided the report regarding the CalAm survey.

5. Centennial Committee Update

City Administrator Stilwell and Co-Chair Sue McCloud provided a brief update on the City's Centennial Celebration.

Sue McCloud presented a brief report indicating that the Committee is just getting set up and established and more updates will be forthcoming.

VII. CONSENT CALENDAR

E. Receive Public Records and Media Request Log.

F. Receive Farmers Market update.
 

G. Authorize the Mayor to submit letter to the Governor urging passage of and signature on SB232 (Monning) regarding the California Central Coast State Veterans Cemetery at Fort Ord Endowment Fund.

Council Member TALMAGE moved to approve the Consent Calendar items A-E and G. Motion seconded by Council Member HILLYARD and carried unanimously.
VII (F) Receive Farmers Market Update.

City Administrator Stilwell and Assistant City Administrator/City Clerk Burch provided a brief staff report and introduced Jerry Lami, Executive Director of the West Coast Farmers Market Association and Jan Taylor, Director of Market Operations for the Carmel Farmers Market. Ms. Lami and Mr. Taylor provided the farmer market update.

The meeting was opened to public comment at 6:01 p.m.

Carl Iverson, Monta Potter, CEO of the Carmel Chamber of Commerce, Keith Decker from Knapp Hardware store and Barbara Livingston addressed the City Council.

The meeting was then closed to public comment at 6:04 p.m.

Council Member HILLYARD moved to receive the Farmers Market report. Motion seconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCIL

G. Consideration of an Ordinance of the City Council of the City of Carmel-by-the-Sea Amending Title 8 and Title 15 of the Carmel Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments.

Rob Mullane, Community Planning and Building Services Director, presented the staff report.

Mayor Burnett opened and closed to public comment at 9:10p.m.
Vice Mayor TALMAGE moved to waive further reading and introduced ordinance Amending Title 8 and Title 15 of the Carmel Municipal Code and adopting the 2013 California Building, Residential, Energy, Fire, Mechanical, Plumbing, Electrical, and California Green Codes with Amendments, seconded by Council Member BEACH with amendment to change to 25% from $250,000 to trigger sprinkler retrofit. Motion carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: THEIS
ABSTAIN: COUNCIL MEMBERS: NONE

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES October 31, 2013

MPRWA Special Meeting Agenda Packet 10-31-13.pdf

AGENDA, SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 31, 2013

MPRWA Minutes Special Meeting 10-31-13 DRAFT MINUTES SPECIAL MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 31, 2013

The California Public Records Act (GOVERNMENT CODE SECTION 6250-6270): ‘In enacting this chapter, the Legislature, mindful of the right of individuals to privacy, finds and declares that access to information concerning the conduct of the people's business is a fundamental and necessary right of every person in this state.’

ABSTRACT:  Notably, after the City Council met in closed session on Thursday, October 10, 2013 and announced the settlement of The Carmel Pine Cone editor/publisher/owner Paul Miller’s lawsuit against the City (CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive Respondents, Case No.: M125118 PETITION FOR WRIT OF MANDATE), the City reaffirmed “the city’s policy and practice that the California Public Records Act be construed broadly in favor of public disclosure, consistent with the law and the rights of our employees,” according to The Carmel Pine Cone. However, five days later, on October 15, 2013, The Carmel Pine Cone received the City’s response to a September 2013 Public Records Act request for emails between Carmel Residents Association President Barbara Livingston, City Administrator Jason Stilwell and Carmel Mayor Jason Burnett from Liebert Cassidy Whitmore attorney Heather Coffman stating in a letter the City’s refusal to provide the documents because the emails had a “privacy right” that outweighed the public’s right to view the emails. “Please note that personal identifying information contained in response to the PRA requests has been redacted in order to protect the privacy interests at issue. For example, correspondence of members of the public detailing their concerns as citizens have been redacted because the public interest in disclosure of this correspondence is clearly outweighed by the interest in nondisclosure to avoid a chilling effect on the public.” Links to Secrecy at city hall reaches new heights - CRA president exchanges hidden messages with mayor, city administrator, MARY SCHLEY, October 25, 2013 and Pine Cone sues city over resume, but suit is quickly settled, PINE CONE STAFF REPORT, October 11, 2013 are provided with Excerpt Highlights. The California Public Records Act (GOVERNMENT CODE SECTION 6250-6270) document is embedded. 

Secrecy at city hall reaches new heights
- CRA president exchanges hidden messages with mayor, city administrator
By MARY SCHLEY
Published: October 25, 2013

Excerpt Highlights:
A REQUEST from The Pine Cone for emails between Carmel Residents Association President Barbara Livingston, city administrator Jason Stilwell and Carmel Mayor Jason Burnett was refused last week because the city considers much of their correspondence too sensitive or inflammatory to allow the public to read it.
The Pine Cone asked for the emails in September, under the provisions of the California Public Records Act, which clearly requires that government officials release emails, letters, documents and other written records that are about official business.
But the city responded to The Pine Cone’s requests by providing heavily redacted copies of approximately 75 emails dated between early July and the end of September. Many of them had their entire contents redacted. The coverups were made in white, so it’s impossible to tell how much writing was hidden.
In her Oct. 15 cover letter explaining the city’s refusal to provide the documents, San Francisco attorney Heather Coffman said the people who wrote and received the emails had a “privacy right” that outweighed the public’s right to see them.
When asked if she would provide the copies herself, Livingston said she deletes every email as soon as she is done reading it. When asked if she would give permission to the city to release full copies of the messages, she simply replied, “No, thanks.”

Pine Cone sues city over resume, but suit is quickly settled
PINE CONE STAFF REPORT
Published: October 11, 2013

Excerpt Highlights:
 “We reached an agreement with the city, not only to provide us with everything substantive from Mullane’s resume, but also a promise that they would do the same in the future for all new hires to senior-management-level positions at city hall,” publisher Paul Miller said.
The city council, meeting in closed session Thursday to respond to the suit, also reaffirmed “the city’s policy and practice that the California Public Records Act be construed broadly in favor of public disclosure, consistent with the law and the rights of our employees.”

ADDENDUM:
A POCKET GUIDE TO THE CALIFORNIA PUBLIC RECORDS ACT, A SERVICE OF: THE FIRST AMENDMENT PROJECT SOCIETY OF PROFESSIONAL JOURNALISTS (Nor. Cal.)

GOVERNMENT CODE SECTION 6250-6270.pdf

GOVERNMENT CODE SECTION 6250-6270

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE October 21, 2013

Tac Mprwa Cancellation Notice 10-21-13 CANCELLATION NOTICE, OPTIONAL REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 21, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE October 24, 2013

Mprwa Cancellation Notice 10-24-13 CANCELLATION NOTICE, OPTIONAL REGULAR MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
October 24, 2013

PETITION FOR WRIT OF MANDATE AND RELATED RELIEF: CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITORCONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents (Case No.M125153)

ABSTRACT: The PETITION FOR WRIT OF MANDATE AND RELATED RELIEF: CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents, (Case No.M125153), dated October 9, 2013, is embedded.  Petitioner City of Carmel-by-the-Sea filed its claim on or about February 8, 2013; and “Petitioner has been harmed in an amount according to proof, but believed to be no less than the following.” As to Petitioner City of Carmel-by-the-Sea, $40,764.00. Document includes FIRST CAUSE OF ACTION Writ of Mandate (Code Civ. Proc., § I085), SECOND CAUSE OF ACTION Damages Under Code of Civil Procedure Section I095 and THIRD CAUSE OF ACTION Declaratory Relief and PRAYER FOR RELIEF. Cities, Petitioners, have “been harmed” in the total amount of no less than $1,897,057.00. Re: ALHAMBRA, CITY OF v. COUNTY OF LOS ANGELES, California Supreme Court Case S185457 and Court of Appeal Case, Second Appellate District, Div. 3 B218347 documents are embedded for reference.  

City of Carmel-By-The-sea Et Al. v. County of Monterey Et Al. (m125153)

PETITION FOR WRIT OF MANDATE AND RELATED RELIEF
CITY OF CARMEL-BY-THE-SEA; CITY OF DEL REY OAKS; CITY OF GONZALES; CITY OF GREENFIELD; CITY OF KING CITY; CITY OF MARINA; CITY OF SALINAS; CITY OF SAND CITY; CITY OF SEASIDE; and CITY OF SOLEDAD, Petitioners, v. COUNTY OF MONTEREY; OFFICE OF THE AUDITOR-CONTROLLER FOR THE COUNTY OF MONTEREY; MICHAEL J. MILLER, in his official capacity as AUDITORCONTROLLER FOR THE COUNTY OF MONTEREY; and DOES 1-10, inclusive, Respondents

Case No. M125153

s 185457

IN THE SUPREME COURT OF CALIFORNIA
CITY OF ALHAMBRA et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents
Case S185457

 

b 218347IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT
DIVISION THREE
CITY OF ALHAMBRA et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al.,

Defendants and Respondents.  B218342

 RELATED NEWS ARTICLE:

Lawsuit claims Monterey County overcharged cities nearly $1.9 million
Carmel mayor calls for $1M cemetery investment
By JIM JOHNSON Herald Staff Writer,10/14/2013

Excerpt Highlights:
After months of talks, a group of 11 local cities has filed a lawsuit seeking the refund of millions of dollars from Monterey County, alleging they were overcharged for property tax administration fees over a six-year period.
In the lawsuit, filed Wednesday last week, the cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Salinas, Sand City, Seaside and Soledad argued that the county and Auditor-Controller Mike Miller overcharged them nearly $1.9 million in administrative fees from 2006-07 to the end of 2012. The fees were charged by the county starting in 2006 for administering a complicated revenue swap involving property taxes, sales taxes and vehicles license fees. Any refund would go into the cities' general funds.
Pacific Grove joined the lawsuit in a supplemental filing, while Monterey has thus far declined to join.
The claims followed a state Supreme Court decision last fall backing an appellate court ruling that found Los Angeles County had overcharged the city of Alhambra and other cities for the property tax administration fees, and was only entitled to charge for the actual cost of its services.

PETITION FOR WRIT OF MANDATE: CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118)

ABSTRACT: The PETITION FOR WRIT OF MANDATE, CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents (Case No.: M125118), dated October 4, 2013, (Filing Date 10/8/2013) document (including Exhibit A, Exhibit B) is embedded. “Petitioner Carmel Communications, Inc., is a California corporation with its principal place of business in the County of Monterey, State of California, and publishes a weekly newspaper known as the Pine Cone.” WHEREFORE, PETITIONER PRAYS AS FOLLOWS:
 l. That this Court issue an Alternative Writ of Mandate, commanding Respondent City to allow the inspection of, and upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume, or to show cause before this Court at a date and time to be specified by the Court why it has not done so, and why it should not be compelled to do so; and
2. That on the return of the Alternative Writ and the hearing of this Petition, this Court issue its Peremptory Writ of Mandate commanding Respondent City to allow inspection of and, upon payment of the statutory fee to provide a copy of, Mr. Mullane's resume.
3. For an award of attorney's fees to petitioners pursuant to Government Code §6259;
4. For costs of suit incurred herein; and
5. For such other and further relief as this Court deems just and proper. After the City Council met in Closed Session on Thursday, October 10, 2013, the case was settled to the satisfaction of Paul Miller, Publisher/Editor/Owner, The Carmel Pine Cone. 

CARMEL COMMUNICATIONS V. CITY OF CARMEL-BY-THE-SEA (M125118).pdfPETITION FOR WRIT OF MANDATE
CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents
Case No.: M125118

ADDENDUM:

Re: Johnson v. Winter (1982) 127 Cal.App.3d 435, 440 (exempting candidate records); Cal. Govt. Code§ 6254(c) (exempting personnel records based on privacy concerns).
Johnson v. Winter, 127 Cal. App. 3d 435 (Cal. App. 1st Dist. 1982)

Cal. Govt. Code§ 6254. Except as provided in Sections 6254.7 and 6254.13, nothing in this chapter shall be construed to require disclosure of records that are any of the following:

(c) Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy.