Saturday, June 02, 2012

ADMINISTRATIVE LAW JUDGE’S RULING: Grants motions for party status, denies a motion to dismiss, requests briefing on select legal issues, and proposes a two-day workshop for July 2012

ABSTRACT:  Gary Weatherford, Administrative Law Judge, issued a ruling yesterday on June 1, 2012. The Summary states: "This ruling grants motions for party status, denies a motion to dismiss, requests briefing on select legal issues, and proposes a two-day workshop for July 2012."  IT IS RULED section is reproduced, the ADMINISTRATIVE LAW JUDGE’S RULING is embedded (Monterey Peninsula Water Management District was later included for party status) and a link to a related news article is provided.

IT IS RULED that:

1. The following motions for party status made in 2012 are granted:  Marina Coast Water District (April 30); Coalition of Peninsula Businesses (May 8); County of Monterey (May 10); Monterey County Water Resources Agency (May 10); Monterey Peninsula Regional Water Authority (May 14); Water Plus (May 14); City of Pacific Grove (May 18); Citizens for Public Water (May 18); Monterey Regional Water Pollution Control Agency (May 25); Salinas Valley Water Coalition (May 25); and Sierra Club (June 1).

2. The Marina Coast Water District’s April 30, 2012, motion to dismiss Application 12-04-019 is denied.  

3. Opening Briefs on the two legal issues posed on pages 3 and 4 of this ruling shall be limited to 25 pages (exclusive of attachments, if any) and be due by July 11, 2012, and Reply Briefs shall be limited to 15 pages (exclusive of attachments, if any) and be due by July 25, 2012. 

4. Parties need to be prepared at the June 6, 2012 prehearing conference to discuss the workshop proposal, the possible dates of July 19-20 and 26-27 for a workshop and other calendaring issues.

5. This ruling shall also be served upon the Service List in  Application 04-09-019.

Dated June 1, 2012, at San Francisco, California.


                                                                        /s/ GARY WEATHERFORD
Gary Weatherford
Administrative Law Judge



Thursday, May 31, 2012

Four Noteworthy 5 June 2012 City Council Agenda Items

PUBLIC WORKSHOP: BUDGET
CARMEL-BY-THE-SEA CITY COUNCIL
Monday, June 4, 2012, 5:30 P.M.
Council Chambers
East Side Monte Verde Street between Ocean Av. & 7th Av.

ABSTRACT: Four Noteworthy 5 June 2012 City Council Agenda Items, namely Announcements from Closed Session, Receive update report on the Del Mar Master Plan, an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea or, in the alternate, to defer action and direct staff to work with the business community and Receive presentation from the Monterey Water Management District and provide direction on the Proposition 218 process and water supply sources, are presented.  

CITY OF CARMEL-BY-THE-SEA
Regular Meeting
Tuesday, June 5, 2012
4:30 p.m., Open Session


City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

V.  Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Property Negotiations – Gov’t. Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

2. Public Employee Appointment -- Govt. Code Section 54957.  Title: City Treasurer. City Council will meet to consider the appointment of a City Treasurer.

3. Potential Litigation - Government Code Section 54956.9(b) -Conference with legal counsel regarding potential litigation – one (1) matter.

4. 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 labor negotiations with the two bargaining units.

C. Announcements from City Administrator.

3. Receive update report on the Del Mar Master Plan

Description: The City is proposing to construct a pedestrian pathway on the west side of San Antonio Avenue between Ocean and Fourth avenues and a boardwalk/viewing platform west of the Del Mar parking area.

Overall Cost:
City Funds: N/ A
Grant Funds: $250,000

Staff Recommendation: Receive the update.

Important Considerations: As part of the Del Mar Master Plan implementation, a pedestrian path is proposed from Ocean Avenue to Fourth Avenue that will link with the recently completed path that runs to the Pebble Beach Gate on San Antonio A venue. A small ADA boardwalk and viewing platform is proposed at the west end of the Del Mar parking area that will allow public, including those with disabilities, the opportunity of an improved beach experience.

The Planning Commission issued Design Review and Coastal Development Permits for this project. Upon concurrence by the City Council, staff will prepare construction and bid documents for the project with the intent to begin construction in early fall of this year.

Del Mar Master Plan San Antonio Pathway Boardwalk/Viewing Area

IX. Ordinances

A. Consideration of the first reading of an Ordinance amending the Carmel Municipal Code to ban the distribution of single-use plastic bags from retail establishments within the City of Carmel-by-the-Sea or, in the alternate, to defer action and direct staff to work with the business community.

Description: The proposed ordinance would ban single-use plastic carryout bags for all retail establishments in the City. Alternatively, the Council could also consider directing staff to develop a voluntary compliance program.

Overall Cost:
City Funds: N/ A
Grant Funds: N/ A

Staff Recommendation: 1) Adopt the first reading of the proposed ordinance, or 2) Defer action and direct staff to work with the business community to develop a voluntary compliance program.

Important Considerations: Communities throughout the state and across the country are recognizing the environmental impacts that single-use carryout bags, especially plastic bags, can have on the environment. The proposed ordinance would assist in protecting the aesthetic and environmental resources of the community.

Decision Record: On 9 May 2012 the Planning Commission recommended that the Council work with the business community to develop a voluntary compliance program to ban plastic bags rather than adopting a formal ordinance.
Ordinance ban single-use plastic bags June 2012

XI. Orders of Council

B. Receive presentation from the Monterey Water Management District and provide direction on the Proposition 218 process and water supply sources.
Presentation from Monterey Peninsula Water Management District

Wednesday, May 23, 2012

One Noteworthy 24 May 2012 Special City Council Agenda Item

RELATED NEWS ARTICLE: Council puts off vote on budget, MARY SCHLEY, The Carmel Pine Cone, June 1, 2012



ABSTRACT:  One Noteworthy 24 May 2012 Special City Council Agenda Items, namely Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget, is presented.  The meeting is scheduled to include the proposed capital budget, a discussion of services and items not proposed to be provided due to funding constraints and preliminary City Council deliberations, according to City Administrator Jason Stilwell. The SPECIAL CITY COUNCIL MEETING PACKET is embedded.


Thursday, May 24, 2012– 4:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues



II. Roll Call Council Member Beach will be participating in the meeting via phone (831-915-5093) from 134 Everit Street, New Haven, CT 06511.

IV.  Orders of Council
A. Study session and public hearing to review/adopt Fiscal Years 2012/13 – 2014/15 Triennial Budget.
1) Budget Overview and recap of the Meeting of May 17, 2012
2) Capital Budget
3) Items Not Funded in the Proposed Budget
4) Council Deliberations and Possible Approval of the Fiscal Year 2012/13  Operating Plan and Proposed Budget.
SPECIAL CITY COUNCIL MEETING Final Packet May 24, 2012

Tuesday, May 22, 2012

CITY OF PACIFIC GROVE CITY COUNCIL 23 MAY 2012 MEETING AGENDA ITEM: Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula

RELATED NEWS ARTICLE: Agha, P.G. at odds over who will pay to defend lawsuits, KELLY NIX, The Carmel Pine Cone, June 1, 2012, 1A & 22A


“He (Councilman Dan Miller) pointed to Agha’s agreement to purchase a $2 million insurance policy that would protect the city from litigation in the event of Agha or his company, Moss Landin Commercial Park, were negligent.”
“Miller told The Pine Cone Wednesday the item will likely be on next week’s city council agenda and that he expects the indemnification issue to be resolved.”




UPDATE:
CITY OF PACIFIC GROVE
SPECIAL CITY COUNCIL MEETING
Wednesday, May 23, 2012
“ACTION MINUTES”

CALL TO ORDER
Mayor Garcia, Councilmembers Kampe, Cohen, Cuneo, Fischer, Huitt and Miller in attendance.


14. UNFINISHED BUSINESS
Reference:  Thomas Frutchey, City Manager
Recommended Action:  
  1. Receive an update on the agreement to initiate and provide funding to establish a public/private partner relationship between Nader Agha/Moss Landing Commercial Park, LLC and the City of Pacific Grove.
  2. Provide direction on any remaining outstanding issues related to the agreement.  This preliminary agreement establishes the parameters and payment provisions for the completion of the second agreement.
  3. Direct staff to file application with the CPUC by May 25, 2012 with fees paid by Nader Agha.
Action: Upon motion of Councilmember Cuneo to accept Agreement with the exception of paragraph 15 (Indemnification) and through JPA process request other cities join with Pacific Grove formally, motion carried. 

ADDENDUM:
Paragraph 15 
4.15. Indemnification.  MLCP and Nader Agha, personally, agree to indemnify, defend, and hold City, its Council, officers, agents, and employees free and harmless from any 3rd party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including attorney’s fees and costs, that such may incur as a result of a material breach by MLCP of its obligations under this Agreement.  

MLCP and Nader Agha further agree to indemnify, defend, and hold City, its Council, officers, agents, and employees free and harmless from any 3rd party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including attorney’s fees and costs, resulting from such 3rd party’s property loss or personal injury that result from alleged negligence by MLCP in the performance of this Agreement.  The scope of indemnity for negligent acts herein shall be identical to the scope of coverage under standard California Commercial General Liability Insurance Policies.

MLCP agrees to maintain a policy of insurance to cover any negligent acts or a omissions committed by MLCP, its employees or agents giving rise to 3rd party claims of property loss or personal injury arising from and in conjunction with MLCP’s performance of this Agreement.  In order to support its indemnity obligations based upon claims of negligence  under this Agreement, MLCP agrees to maintain a policy of insurance of at least Two  Million Dollars ($2,000,000), and shall name City as an additional insured under such  policy.  City shall be given thirty (30) days prior written notice of the intent to change or chancel such coverage.  MLCP shall provide City with a certificate of insurance or other  evidence of such insurance coverage.  

Any obligation to Indemnify shall survive termination of this Agreement, if the alleged act  giving rise to liability occurred during the period during which this Agreement was in effect.

ABSTRACT:  The City of Pacific Grove’s May 16, 2012 City Council meeting was continued to Wednesday, May 23, 2012 at 6:00 P.M. for Open Session at City Council Chambers, located at 300 Forest Avenue, Pacific Grove.  An agenda item includes 14. UNFINISHED BUSINESS A. Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula.  The AGENDA REPORT is embedded, including the Draft Agreement, dated May 21, 2012.  The RECOMMENDATION of Thomas Frutchey, City Manager, is as follows:
1. Receive an update on the agreement to initiate and provide funding to establish a  public/private partner relationship between Nader Agha/Moss Landing Commercial Park, LLC  and the City of Pacific Grove
2.  Provide direction on any remaining outstanding issues related to the agreement.  This preliminary agreement establishes the parameters and payment provisions for the completion of the second agreement. 
Importantly, the DISCUSSION states: Two specific areas of interest were negotiated over the past several weeks to ensure consistency with that principle:
• Assurance that the $600,000 Mr. Agha is committing to the development of the People Project’s EIR, permit applications, and other efforts will be available when needed; and
• Protection of the City in the event of lawsuits, regulatory requirements of the CPUC, Coastal Commission, or other permitting bodies, or any other unintended sources of expenses resulting from the City’s participation in the Project.
The attached revised agreement contains agreed-to wording in both areas.  This wording is in bold lettering.


Pacific Grove AGENDA REPORT 14a May 23_ 2012 -
AGENDA REPORT
Agreement initiating a relationship with Nader Agha to develop a water project able to meet the needs of Pacific Grove and the Monterey Peninsula 

Monday, May 21, 2012

Carmel Public Library Foundation Presents ANNUAL ART & LITERARY SERIES PRESENTATION BY JERRY FIELDER, CURATOR & DIRECTOR, ESTATE OF YOUSUF KARSH

WHO:  Jerry Fielder, Curator & Director, Estate of Photographer Yousuf Karsh (1908-2002), was assistant to photographer, Yousuf Karsh for 32 years until Karsh closed his Ottawa studio in 1992. In 2003, Fielder authored a book on Karsh’s life entitled KARSH: A Biography in Images.

Yousuf Karsh 

WHAT:  Presentation by Jerry Fielder, Curator & Director, Estate of Photographer Yousuf Karsh, Q&A Session & Book Signing.

WHEN: Tuesday, May 22, 2012 @ 7:00 P.M.

WHERE: Carpenter Hall, Sunset Center
W/s Mission St @ 9th Av.
Carmel-by-the-Sea, CA.

NOTES:  First-come, first-served seating. $10 suggested contribution. Proceeds from contributions & book sales benefit Carmel Public Library.

FOR MORE INFORMATION:
Contact: Amy Donohue
Executive Director, Carmel Public Library Foundation
(831) 624-2811

ADDENDUM:

A Selection of His Work

THE WORK
Larry King Weekend with Larry King
On why he chose photography. (94 seconds)

Life and Times
On winning his first photographic award. (46 seconds)

60 Minutes with Morley Safer
Chatting with Morley Safer about his most famous portrait, Winston Churchill. (160 seconds)

The Searching Eye With Harry Rasky
On the miracle of making a photograph. (64 seconds)

The Searching Eye With Harry Rasky
Estrellita Karsh on the relationship between artist and subject. (116 seconds)

Saturday, May 19, 2012

Carmel ART FESTIVAL 2012: Award Winning Artists & Artworks

ABSTRACT:  Photo images of award winning artworks, with titles and artists, are presented, including awards for First Place, Second Place, Third Place, Artist's Choice, People's Choice, Best Pastel, Honorable Mention, Award of Excellence, Best of Oil or Acrylic, Mayor’s Choice, Best Watercolor, Best Local and Emerging Artist Award.  Congratulations to all participating artists and thank you for your participation!


FIRST PLACE
Title: Pacific Grove
Artist: Michael Situ


SECOND PLACE
Title: Rush Hour
Artist: Paul Kratter


THIRD PLACE
Title: Bird Rendezvous – El Estero Lake
Artist: Hui Lai Chong


ARTIST’S CHOICE
Artist: Lu Yu
Title: Rocky Point



BEST PASTEL
PEOPLE’S CHOICE
20TH ANNIVERSARY CARMEL ART FESTIVAL POSTER 2013
Title: Carmel River Estuary
Artist: Gretha Lindwood



HONORABLE MENTION
Title: Chinese Junk
Artist: Brian Blood



HONORABLE MENTION 
Title: “On the Way to Big Sur
Artist: Dee Beard Dean



HONORABLE MENTION
Title: Clear Coast
Artist: Thalia Georgiades



HONORABLE MENTION  
Title: Carmel Valley Meadow
Artist: Carole Gray-Weihman



HONORABLE MENTION  
Title: “The Old Veteran, Holding Fast”
Artist: Thomas Jefferson Kitts



HONORABLE MENTION 
Title: Lobos Looking North
Artist: Larry Moore



HONORABLE MENTION
Title: Elkhorn
Artist: Donald Neff



HONORABLE MENTION 
Title: “Whaler’s Knoll”
Artist: Michael Obermeyer



HONORABLE MENTION 
Title: “Beautiful Beach Morning”
Artist: Richard Oversmith



HONORABLE MENTION
Title: “Misty Morning”
Artist: Robert Sandidge



AWARD OF EXCELLENCE
Title: Morning at Pt. Pinos Lighthouse
Artist: Brian Blood



BEST OIL OR ACRYLIC & MAYOR’S CHOICE
Title: Fierce Wind Over Rocks, Rocky Point
Artist: Stacy Barter



BEST WATERCOLOR
Title: Morning Cypress
Artist: Larry Cannon



BEST LOCAL
Title: Rio’s Rose
Artist: Laurie Kersey



EMERGING ARTIST AWARD
Title:Carmel Morning”
Artist: Dan Shultz