Two Noteworthy 31 October 2016 Special Meeting Agenda Items

ABSTRACT: Two Noteworthy 31 October 2016 Agenda Items, namely PUBLIC APPEARANCES and TOUR OF INSPECTION, are presented. TOUR OF INSPECTION:

A. Carmel Police Department located on the eastside of Junipero Street between 4th and 5th Avenues
B. Flanders Mansion located at 25800 Hatton Road, Carmel, CA 93923
C. Rio Park at the Lasuen Road entrance
D. North Dunes of Carmel Beach accessible from the NW corner of San Antonio
E. Harrison Memorial Library Park Branch located on the NE corner of Mission Street and 6th Avenue.

Tour of Inspection Agenda 10-31-16 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
TOUR OF INSPECTION
Monday, October 31, 2016

CALL TO ORDER, ROLL CALL, AND PLEDGE OF ALLEGIANCE

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.

TOUR OF INSPECTION (Beginning at 3:00 p.m.) The Council will meet in the Council Chamber to an on-site tour of inspection of all properties listed on the Agenda. Members of the public are welcome to participate in the tour.

A. Carmel Police Department located on the eastside of Junipero Street between 4th and 5th Avenues

B. Flanders Mansion located at 25800 Hatton Road, Carmel, CA 93923

C. Rio Park at the Lasuen Road entrance

D. North Dunes of Carmel Beach accessible from the NW corner of San Antonio

E. Harrison Memorial Library Park Branch located on the NE corner of Mission Street and 6th Avenue.

Twelve Noteworthy 1 November 2016 Regular Meeting Agenda Items

ABSTRACT: Twelve Noteworthy 1 November 2016 Regular Meeting Agenda Items are featured, including CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly Reports for September 2016. Consideration of a resolution accepting the new Memorial Bell installed in the World War I Memorial Arch at the intersection of Ocean Avenue and San Carlos Street, Consideration of a resolution affirming the City’s intent to participate in governance and financing discussions for the proposed Monterey Bay Community Power Joint Power Authority, Consideration of a Resolution authorizing the City Administrator to execute an agreement with Municipal Resource Group (MRG) LLC for Facilitated Evaluation Services for City Administrator and City Attorney, Authorization of the City Administrator to Execute Various Tree Trimming and Tree Maintenance Services Contracts for a Not to Exceed Amount of $680,000 for the Term of November 2, 2016 through June 30, 2018, Authorization of the City Administrator to execute an agreement with SSB Construction for the Vista Lobos Community Room roof project for an amount not to exceed $30,000.00, Adopt addendum to Memorandum of Understanding (MOU) for represented employees of the general employees union and management employees union, LIUNA/UPEX, Local 792, AFL-CIO bargaining agreement City of Carmel-by-the-Sea [N1636/N1636B] adopting preferred schedule effective January 1, 2012,  1. Adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea to include provisions pursuant to Government Code 20516 “Cost Sharing” for Miscellaneous members in accordance with the previously approved Memorandum of Understanding and 2. Adoption of an Ordinance Authorizing an Amendment to the contract between the City of Carmel-by-the-Sea and the Board of Administration California Public Employees’ Retirement System (CalPERS) and Consideration of an appeal of the Planning Commission’s decision to deny Design Study (DS 15-217) and associated Coastal Development Permit application for the demolition of an existing residence and construction of a new residence located in the Single-Family Residential (R-1), Beach and Riparian (BR) and Archaeological Significance (AS) Overlay Zoning Districts. CITY COUNCIL AGENDA REGULAR MEETING and Staff Reports document copies are embedded.

Agenda Regular Meeting 11-01-16 by L. A. Paterson on Scribd

CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, November 01, 2016
CLOSED SESSION 3:30 p.m.
OPEN SESSION 4:30 p.m.

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

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

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

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: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior Court Case No. M123079

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

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

C. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9: 2 cases

 
PUBLIC APPEARANCES Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person’s comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or Commission. Matters not appearing on the City Council, Board or Commission’s agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

ANNOUNCEMENTS

A. Announcements from Closed Session
B. Announcements and reports from City Council Members
C. Announcements from City Administrator
D. Announcements from City Attorney

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

3. Monthly Reports for September 2016.
Monthly Reports 11-01-16 by L. A. Paterson on Scribd

Monthly Reports for September 2016

4. SR 2016-1193 Consideration of a resolution accepting the new Memorial Bell installed in the World War I Memorial Arch at the intersection of Ocean Avenue and San Carlos Street.
Resolution Accepting the New Memorial Bell World War I Memorial Arch 11-01-16 by L. A. Paterson on Scribd

Consideration of a resolution accepting the new Memorial Bell installed in the World War I Memorial Arch at the intersection of Ocean Avenue and San Carlos Street.

7. SR 2016-1196 Consideration of a resolution affirming the City’s intent to participate in governance and financing discussions for the proposed Monterey Bay Community Power Joint Power Authority.
Monterey Bay Community Power Joint Powers Authority 11-01-16 by L. A. Paterson on Scribd

Consideration of a resolution affirming the City’s intent to participate in governance and financing discussions for the proposed Monterey Bay Community Power Joint Power Authority.

8. SR 2016-1197 Consideration of a Resolution authorizing the City Administrator to execute an agreement with Municipal Resource Group (MRG) LLC for Facilitated Evaluation Services for City Administrator and City Attorney.
Agreement With Municipal Resource Group 11-01-16 by L. A. Paterson on Scribd

Consideration of a Resolution authorizing the City Administrator to execute an agreement with Municipal Resource Group (MRG) LLC for Facilitated Evaluation Services for City Administrator and City Attorney.

10. SR 2016-1199 Authorization of the City Administrator to Execute Various Tree Trimming and Tree Maintenance Services Contracts for a Not to Exceed Amount of $680,000 for the Term of November 2, 2016 through June 30, 2018.
Various Tree Trimming and Tree Maintenance Services Contracts 11-01-16 by L. A. Paterson on Scribd

Authorization of the City Administrator to Execute Various Tree Trimming and Tree Maintenance Services Contracts for a Not to Exceed Amount of $680,000 for the Term of November 2, 2016 through June 30, 2018.

13. SR 2016-1202 Authorization of the City Administrator to execute an agreement with SSB Construction for the Vista Lobos Community Room roof project for an amount not to exceed $30,000.00.
Agreement With SSB Construction 11-01-16 by L. A. Paterson on Scribd

Authorization of the City Administrator to execute an agreement with SSB Construction for the Vista Lobos Community Room roof project for an amount not to exceed $30,000.00

PUBLIC HEARINGS

15. SR 2016-1204 Adopt addendum to Memorandum of Understanding (MOU) for represented employees of the general employees union and management employees union, LIUNA/UPEX, Local 792, AFL-CIO bargaining agreement City of Carmel-by-the-Sea [N1636/N1636B] adopting preferred schedule effective January 1, 2012.
Addendum to Memorandum of Understanding 11-01-16 by L. A. Paterson on Scribd

Adopt addendum to Memorandum of Understanding (MOU) for represented employees of the general employees union and management employees union, LIUNA/UPEX, Local 792, AFL-CIO bargaining agreement City of Carmel-by-the-Sea [N1636/N1636B] adopting preferred schedule effective January 1, 2012

16. SR 2016-1205 1. Adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea to include provisions pursuant to Government Code 20516 “Cost Sharing” for Miscellaneous members in accordance with the previously approved Memorandum of Understanding and 2. Adoption of an Ordinance Authorizing an Amendment to the contract between the City of Carmel-by-the-Sea and the Board of Administration California Public Employees’ Retirement System (CalPERS).
Amendment CalPERS 11-01-16 by L. A. Paterson on Scribd

1. Adoption of a Resolution of Intention to approve an amendment to the contract between the Board of Administration of the California Public Employees’ Retirement System (CalPERS) and the City of Carmel-by-the-Sea to include provisions pursuant to Government Code 20516 “Cost Sharing” for Miscellaneous members in accordance with the previously approved Memorandum of Understanding and 2. Adoption of an Ordinance Authorizing an Amendment to the contract between the City of Carmel-by-the-Sea and the Board of Administration California Public Employees’ Retirement System (CalPERS).

17. SR 2016-1206 Consideration of an appeal of the Planning Commission’s decision to deny Design Study (DS 15-217) and associated Coastal Development Permit application for the demolition of an existing residence and construction of a new residence located in the Single-Family Residential (R-1), Beach and Riparian (BR) and Archaeological Significance (AS) Overlay Zoning Districts. The applicant/property owner is Art Chadwick.
Appeal of the Planning Commission’s Decision 11-01-16 by L. A. Paterson on Scribd

Consideration of an appeal of the Planning Commission’s decision to deny Design Study (DS 15-217) and associated Coastal Development Permit application for the demolition of an existing residence and construction of a new residence located in the Single-Family Residential (R-1), Beach and Riparian (BR) and Archaeological Significance (AS) Overlay Zoning Districts. The applicant/property owner is Art Chadwick.

CITY COUNCIL: Draft Minutes for the Special Council Meeting September 19, 2016, Draft Minutes for the Special Council Meeting October 3, 2016 & Draft Minutes for the Regular Council Meeting October 4, 2016

DRAFT Minutes 11-01-16 by L. A. Paterson on Scribd

Draft Minutes for the Special Council Meeting September 19, 2016
Draft Minutes for the Special Council Meeting October 3, 2016
Draft Minutes for the Regular Council Meeting October 4, 2016

Mission Trail Nature Preserve Mountain View Avenue Entrance Project: (Photographic) PROGRESS REPORT WEEK TWELVE

View to the East, From Mountain View Avenue Entrance, Mission Trail Nature Preserve

Proceeding Number I.14-11-008 SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING

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 SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING document copy is embedded. INTRODUCTION Pursuant to Rule 16.1 of the Commission’s Rules of Practice and Procedure (“Rules”), the Safety and Enforcement Division (“SED”) hereby submits its application for rehearing of Decision (“D.”) 16-08-020 (“Decision”). Rule 16.1(c) explains that “[t]he purpose of an application for rehearing is to alert the Commission to a legal error, so that the Commission may correct it expeditiously.”1 To that end, SED advises the Commission that the Decision errs in its determination regarding PG&E’s violation of 49 Code of Federal Regulations (“CFR”) § 192.619, which is related to maximum allowable operating pressure (“MAOP”). The Decision’s determination that SED did not meet its burden in proving the 49 CFR § 192.619 violation is not supported by substantial evidence in light of the record, which includes PG&E’s admission to that violation. The Commission further errs in failing to adopt SED’s fine recommendation regarding MAOP, which was not disputed by PG&E in the event that PG&E was found in violation of that code section.

There are other errors in the Decision which will also be identified in this application. First, the Decision erroneously asserts that PG&E’s system is generally complaint and that “a system that works over 99% of the time is not a system in need of improvement.”2 Second, the Decision uses the wrong end date for the missing De Anza Records violations. Third, the Decision erroneously describes the applied fine for the Fresno Incident.
CONCLUSION For the foregoing reasons, SED’s recommendations should be adopted.

Safety and Enforcement Division’s Application for Rehearing 9-26-16 by L. A. Paterson on Scribd

FILED 9-26-16
SAFETY AND ENFORCEMENT DIVISION’S APPLICATION FOR REHEARING

Proceeding Number I.14-11-008 PACIFIC GAS AND ELECTRIC COMPANY’S RESPONSE TO THE APPLICATION FOR REHEARING OF DECISION 16-08-020 SUBMITTED BY 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 PACIFIC GAS AND ELECTRIC COMPANY’S RESPONSE TO THE APPLICATION FOR REHEARING OF DECISION 16-08-020 SUBMITTED BY THE SAFETY AND ENFORCEMENT DIVISION document copy is embedded. INTRODUCTION Pursuant to Rule 16.1(d) of the Commission’s Rules of Practice and Procedure, Pacific Gas and Electric Company (PG&E) hereby responds in opposition to the Safety and Enforcement Division’s (SED) application for rehearing of Decision 16-08-020 (Application).  SED’s Application disputes the evidentiary findings underlying the Decision or raises non-legal issues. The Application, therefore, fails to identify a “legal error” warranting rehearing by the Commission. The questions raised in the OII were thoroughly investigated over the course of nearly 18 months, including more than 400 pages of written testimony from eight fact witnesses and five experts on gas distribution recordkeeping.1 The parties submitted extensive post-trial briefing.2 SED and the City of Carmel unsuccessfully appealed the same issues raised in this Application.3 Because the Application fails to identify any legal error, it should be denied.

PG&E’s brief is organized as follows:

First, PG&E demonstrates that the Commission’s determination that PG&E’s “alternative method” for setting maximum allowable operating pressure (MAOP) for certain distribution systems complies with the applicable regulations is supported by substantial evidence, and thus does not constitute legal error.

Second, PG&E explains that the Commission’s finding that PG&E’s distribution system is “generally compliant” is supported by substantial evidence, that the isolated instances identified by SED are not sufficient to undermine the Commission’s determination, and that this finding thus does not constitute legal error.

Third, PG&E shows that there was no legal error in setting the $12.052 million fine for the missing De Anza Division paper records because that finding is fully supported by the factual record.

Fourth, PG&E explains that a typographical, but non-substantive, error in the description of the Fresno incident is not legal error warranting a rehearing.

Fifth, PG&E attaches as an Appendix—and incorporates by reference—its response to the appeals of SED and Carmel, which provides further support for the Commission’s findings that are challenged in the Application.4
CONCLUSION For the foregoing reasons, PG&E respectfully requests that SED’s Rehearing Application be denied.

Pg&e Company's Response to the Application for Rehearing of Decision 16-08-020 10-11-16 by L. A. Paterson on Scribd

FILED 10-11-16
PACIFIC GAS AND ELECTRIC COMPANY’S RESPONSE TO THE APPLICATION FOR REHEARING OF DECISION 16-08-020 SUBMITTED BY THE SAFETY AND ENFORCEMENT DIVISION 

North Dunes Area Of Carmel Beach, Carmel, Monterey: Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach

CURRENTLY APPEALABLE LOCAL PERMITS

Central Coast District covering Santa Cruz, Monterey, and San Luis Obispo Counties

Local Government CDP Actions Appealable as of: October 27, 2016

Local Application No. CDP 16-315

CCC Post-Cert No. 3-CML-16-0998

Local Jurisdiction City of Carmel
Final Local Action Approved With Conditions
Applicant(s) Marc Weiner

Project Location North Dunes Area Of Carmel Beach, Carmel, Monterey County Apn: 06053-010321007000

Project Description Consideration of a five year, renewable Coastal Development Permit (CDP 16-315) for habitat restoration, monitoring, and maintenance activities in the North Dunes area of Carmel Beach.

Dates

Local Action 10/4/16

Local Action Notice Received 10/14/16

Appeal Period Starts 10/14/16

Appeal Period Ends 10/28/2016