Sunday, May 01, 2016

CITY OF CARMEL-BY-THE-SEA, CALIFORNIA, a municipal corporation, Plaintiff, vs. PACIFIC HARVEST SEAFOODS, INC., And DOES I through 20, Defendants. Case No. 15CV000014

ABSTRACT: Thomas W. Wills, Judge of the Superior Court, County of Monterey, ordered on April 8, 2016 that “UPON THE STIPULATION of the parties, IT IS HEREBY ORDERED that, regarding the matter of City of Carmel-by-the-Sea versus Pacific Harvest Seafoods, Inc., venue shall be transferred to the Superior Court of California in the County of Santa Clara Superior Court as prescribed by the California Code of Civil Procedure section 394.” Previously, on March 4, 2015, attorney Charles D. Jenkins, representing Pacific Harvest Seafoods, Inc., wrote to City Attorney Don Freeman “PHS takes orders from customers for its products on-line, via facsimile and via telephone; then consummates sales in its distribution facility located just outside San Juan Bautista in San Benito County, north of Monterey County. The orders are filled, then picked up by customers at the facility or placed on one of PHS' commercial motor vehicles1 and transported to a customer's place of business.” “As such, it is our position that PHS is a "for-hire motor carrier of property" that "transports property for compensation". California Revenue & Tax Code Section 7232 (b). Accordingly, Pacific Harvest is exempt from Carmel-by-the-Sea's business license requirement. Revenue and Tax Code Section 7233 provides: "No, city, county, or city and county, shall assess, levy, or collect an excise or license tax of any kind, character, or description whatever upon the transportation business conducted .... by any for-hire motor carrier of property."
1 Pacific Harvest holds a valid motor carrier permit issued by the State of California. 
Seven months later, on October 6, 2015, City Attorney Donald Freeman (SBN 47833) submitted a COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION, ABATEMENT OF NUISANCE; COLLECTION OF DELINQUENT BUSINESS LICENSE TAX.
FIRST CAUSE OF ACTION
COLLECTION OF DELINQUENT BUSINESS LICENSE TAXES
SECOND CAUSE OF ACTION
INJUNCTIVE RELIEF TO REQUIRE COMPLIANCE WITH MUNICIPAL CODE PROVISIONS REGARDING SECURAL OF A BUSINESS LICENSE PERMIT, PAYMENT OF REQUIRED FEES, FURNISHING OF AN ACCOUNTING OF GROSS RECEIPTS AND PAYMENT OF ALL DELINQUENCIES AND COSTS OF SUIT AND ATTORNEY'S FEES.
THIRD CAUSE OF ACTION
ABATEMENT OF NUISANCE PER SE
PRAYER
WHEREFORE, Plaintiff prays judgment for:
That this Court order, adjudge and decree as follows:
ON THE FIRST CAUSE OF ACTION;
1. That Defendant be found to be indebted to Plaintiff in the sums of:
a. Administrative fees for four years at $50 per year for a total of $200.
b. Business License taxes in the sum of $20,000.00 or as demonstrated by evidence for the four year period of time at the hearing of this matter.
c. For delinquent penalties at the rate of 50% per year on the unpaid tax, for a sum of $10,000 or as demonstrated by evidence for this four year period of time at the hearing.
d. For a civil penalty of $1000 or as awarded by the Court.
ON THE SECOND CAUSE OF ACTION:
1. That a preliminary and permanent injunction issue enjoining and restraining the Defendants and anyone acting on their behalf, from conducting, allowing, permitting, or engaging in any business activity, including the sale of seafood products, within the City of Carmel by-the-Sea without first obtaining an appropriate Business License Permit after payment of a correct Business License tax;
2. That Defendants appear before this Court at a time and place to be set by this Court, and then and there to show cause why a preliminary injunction should not be issued enjoining and restraining Defendants the anyone acting on their behalf, from conducting, allowing, permitting, or engaging in any business activity, including the sale of seafood products, within the City of Carmel by-the-Sea;
3. That Defendants be ordered to comply with the provisions of the Carmel Municipal Code Chapters 5.04 and 5.08 relating to secural of Business License permit after payment of an appropriate Business License Tax including any and all delinquent taxes, fees, penalties, and attorney's fees;
4  That Defendants pay civil penalties in the sum of $1000.00 or as awarded by the Court in accordance with Municipal Code §5.04.160A2.
ON THE THIRD CAUSE OF ACTION
1. The Court find that Defendants have violated the provisions of Municipal Code Chapter 5.04 and 5.08 and as such their conduct has constituted a public nuisance per se.
2. The Court order abatement of the public nuisance by issuance of a preliminary and permanent injunction enjoining and restraining the Defendants and anyone acting on their behalf, from conducting, allowing, permitting, or engaging in any business activity, including the sale of seafood products, within the City of Carmel by-the-Sea without first obtaining an appropriate Business License Permit after payment of a correct Business License tax.
FOR ALL CAUSES OF ACTION:
1. The Court award costs of suit;
2. The Court require Defendant to pay appropriate attorney's fees as deemed fair and reasonable by the Court;
3. And such other and further relief as the Court deems proper.
Dated: October 6, 2015
Document copies of COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION, ABATEMENT OF NUISANCE; COLLECTION OF DELINQUENT BUSINESS LICENSE TAX (FILED OCT 13, 2015), PLAINTIFF CITY OF CARMEL-BY-THE-SEA'S AMENDED DEMAND FOR JURY TRIAL (Dated: February 3, 2016), STIPULATION OF THE PARTIES TO CHANGE VENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SANTA CLARA PURSUANT TO C.C.P. § 394 (FILED FEB 25, 2016), [PROPOSED] ORDER TO CHANGE VENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SANTA CLARA PERSUANT TO C.C.P. § 394 (FILED APR 08, 2016) and NOTICE OF ENTRY OF ORDER TO CHANGE VENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SANTA CLARA PERSUANT TO C.C.P § 394 (Dated: April 13, 2016) are embedded.
COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTION, ABATEMENT OF NUISANCE; COLLECTION OF DELINQUENT BUSINESS LICENSE TAX
FILED OCT 13, 2015
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
PLAINTIFF CITY OF CARMEL-BY-THE-SEA'S AMENDED DEMAND FOR JURY TRIAL
Dated: February 3, 2016
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
STIPULATION OF THE PARTIES TO CHANGEVENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTYOFSANTA CLARA PURSUANT TO C.C.P. § 394
FILED 02-25-16
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
[PROPOSED] ORDER TO CHANGE VENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SANTA CLARA PERSUANT TO C.C.P. § 394
FILED April 8, 2016
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
NOTICE OF ENTRY OF ORDER TO CHANGE VENUE TO THE SUPERIOR COURT OF CALIFORNIA IN THE COUNTY OF SANTA CLARA PERSUANT TO C.C.P § 394
Dated: April 13, 2016
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY

Saturday, April 30, 2016

U.S. v. PG&E, Case 3:14-cr-00175-TEH: UNITED STATES’ AMENDED WITNESS LIST & DEFENDANT’S REVISED WITNESS LIST

RE: UNITED STATES v. PACIFIC GAS & ELECTRIC CO. Case 3:14-cr-00175-TEH

ABSTRACT: U.S. District Court Judge Thelton Henderson granted a delay in the Pacific Gas & Electric Co. criminal trail regarding the 2010 San Bruno natural gas explosion for “an unspecified amount of time in the start of the case.” “PG&E faces 13 criminal counts, including 12 claims that it violated pipeline safety regulations and one that it obstructed a probe into the explosion by the National Transportation Safety Board,” according to reporting by George Avalos. The UNITED STATES’ AMENDED WITNESS LIST (Dated: April 25, 2016) and DEFENDANT’S REVISED WITNESS LIST (Dated: April 25, 2016) document copies are embedded.

Document 490 Case 314 Cr 00175 TEH by L. A. Paterson
UNITED STATES’ AMENDED WITNESS LIST
Case 3:14-cr-00175-TEH Document 490 Filed 04/25/16
DEFENDANT’S REVISED WITNESS LIST
Case 3:14-cr-00175-TEH Document 486 Filed 04/25/16

REFERENCES:
Some prosecution witnesses get immunity in PG&E San Bruno blast trial
By George Avalos, gavalos@bayareanewsgroup.com
Posted:   04/26/2016

PG&E trial in San Bruno explosion delayed again; start date is unknown
By George Avalos, gavalos@bayareanewsgroup.com
Posted:   04/21/2016

Friday, April 29, 2016

Seven Noteworthy 2 May 2016 City Council Special Meeting Agenda Items

ABSTRACT: Seven Noteworthy 4 April 2016 City Council Special Meeting Agenda Items including CLOSED SESSION, PUBLIC APPEARANCES, Monthly Reports for the Month of March 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 to Award a Contract for Re-Construction of the Mountain View Avenue Entrance to Mission Trail Nature Preserve to Staples Construction Company in the amount of $ 95,476.00 and Authorization of a Budget Transfer for an Amount Not to Exceed $45,378.00 from Measure D funds, Consideration of a Resolution authorizing the City Administrator to Execute an Agreement with Fiesta Parade Floats for Float Construction Services in an Amount Not to Exceed $48,000, Consideration of a Resolution approving the Transportation Safety & Investment Plan to be placed before the voters on a future ballot and approve the list of examples of local road repair and safety projects anticipated to receive tax revenues, should the ballot measure be approved and Fiscal Year 2016-2017 Provisional Budget, are featured. Agenda Bills document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
SPECIAL MEETING
MONDAY, May 2, 2016
CLOSED SESSION 4:30 P.M.
OPEN SESSION 5:30 P.M.

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

CLOSED SESSION (Beginning at 4:30 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

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.

4. Monthly Reports for the Month of March
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 05-02-16 by L. A. Paterson
Monthly Reports for the Month of March

5. AB 1117 Consideration of a Resolution to Award a Contract for Re-Construction of the Mountain View Avenue Entrance to Mission Trail Nature Preserve to Staples Construction Company in the amount of $ 95,476.00 and Authorization of a Budget Transfer for an Amount Not to Exceed $45,378.00 from Measure D funds.
Mt. View Entrance to Mission Trail Nature Preserve 05-02-16 by L. A. Paterson
Consideration of a Resolution to Award a Contract for Re-Construction of the Mountain View Avenue Entrance to Mission Trail Nature Preserve to Staples Construction Company in the amount of $ 95,476.00 and Authorization of a Budget Transfer for an Amount Not to Exceed $45,378.00 from Measure D funds.

6. AB 1118 Consideration of a Resolution authorizing the City Administrator to Execute an Agreement with Fiesta Parade Floats for Float Construction Services in an Amount Not to Exceed $48,000.
Fiesta Parade Floats 05-02-16 by L. A. Paterson
Consideration of a Resolution authorizing the City Administrator to Execute
an Agreement with Fiesta Parade Floats for Float Construction Services in an
Amount Not to Exceed $48,000

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

7. AB 1119 Consideration of a Resolution approving the Transportation Safety & Investment Plan to be placed before the voters on a future ballot and approve the list of examples of local road repair and safety projects anticipated to receive tax revenues, should the ballot measure be approved.
Transportation Safety & Investment Plan 05-02-16 by L. A. Paterson
Consideration of a Resolution approving the Transportation Safety & Investment Plan to be placed before the voters on a future ballot and approve the list of examples of local road repair and safety projects anticipated to receive tax revenues, should the ballot measure be approved.

8. AB 1120 Fiscal Year 2016-2017 Provisional Budget.
Fiscal Year 2016-2017 Provisional Budget 05-02-16 by L. A. Paterson

Fiscal Year 2016-2017 Provisional Budget.

Five Noteworthy 3 May 2016 City Council Regular Meeting Agenda Items

ABSTRACT: Five Noteworthy 3 May 2016 City Council Regular Meeting Agenda Items including PUBLIC APPEARANCES, Consideration of process options to fill the vacancy on the City Council, Consideration of a request to authorize shared use of the Indoor Forest Theater between the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season, Consideration of the approval of the proposed Draft Forest Theater Use Agreement and Consideration of Use Permit (UP 16-100) and Coastal Development Permit applications for the addition of a second-level mezzanine (floor area) to an existing commercial building and for a temporary (6 month) amendment to an existing Use Permit (UP 12-20) to allow for a food store/restaurant use at the subject location. The project site is located at the southeast corner of Dolores Street and 7th Ave in the Service Commercial (SC) Zoning District, are featured. Agenda Bills document copies are embedded.
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKET
REGULAR MEETING
TUESDAY, MAY 3, 2016
4:30 P.M.

CALL TO ORDER, ROLL CALL, & PLEDGE OF ALLEGIANCE

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

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

6. AB 1121 Consideration of process options to fill the vacancy on the City Council.
Options to Fill the Vacancy on the City Council 05-03-16 by L. A. Paterson
Consideration of process options to fill the vacancy on the City Council.

7. AB 1122 Consideration of a request to authorize shared use of the Indoor Forest Theater between the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season.
Shared Use of the Indoor Forest Theater 05-03-16 by L. A. Paterson
Consideration of a request to authorize shared use of the Indoor Forest Theater between the Forest Theater Guild, Pacific Repertory Theater, and the 2016 Centennial Committee during the 2016 season.

8. AB 1123 Consideration of the approval of the proposed Draft Forest Theater Use Agreement.
Draft Forest Theater Use Agreement 05-03-16 by L. A. Paterson
Consideration of the approval of the proposed Draft Forest Theater Use Agreement.

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.

11. AB 1126 Consideration of Use Permit (UP 16-100) and Coastal Development Permit applications for the addition of a second-level mezzanine (floor area) to an existing commercial building and for a temporary (6 month) amendment to an existing Use Permit (UP 12-20) to allow for a food store/restaurant use at the subject location. The project site is located at the southeast corner of Dolores Street and 7th Ave in the Service Commercial (SC) Zoning District.
Dolores Street and 7th Ave 05-03-16 by L. A. Paterson
Consideration of Use Permit (UP 16-100) and Coastal Development Permit applications for the addition of a second-level mezzanine (floor area) to an existing commercial building and for a temporary (6 month) amendment to an existing Use Permit (UP 12-20) to allow for a food store/restaurant use at the subject location.

CITY COUNCIL: Draft Minutes of the Special Meeting- Tour of Inspection held April4, 2016, Draft Minutes of the Special Meeting held April 4, 2016 & Draft Minutes of the Regular Meeting held April 5, 2016


CITY COUNCIL
Draft Minutes of the Special Meeting- Tour of Inspection held April4, 2016
Draft Minutes of the Special Meeting held April 4, 2016
Draft Minutes of the Regular Meeting held April 5, 2016

Monday, April 25, 2016

Proceeding Number A.12-04-019 ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING CONDITIONALLY GRANTING JOINT MOTION FOR A SEPARATE PHASE 2 DECISION AND SETTING HEARING

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 CONDITIONALLY GRANTING JOINT MOTION FOR A SEPARATE PHASE 2 DECISION AND SETTING HEARING document copy is embedded.
ADOPTED SCHEDULE
DATE
ITEM
May 9, 2016
Serve Proposed Supplemental Testimony
May 19, 2016
Serve Proposed Rebuttal Testimony
May 26-27, 2016
Hearing and/or Settlement:
Starting at 9:30 am on May 26, 2016 in the Commission Courtroom, 505 Van Ness Avenue, San Francisco, California (continued to May 27 only if and as needed)
June 1, 2016
Opening Briefs and/or Comments on Settlement

June 8, 2016
Reply Briefs and/or Reply Comments on Settlement
July 2016
Proposed Decision
August 18, 2016
Target for Commission Decision
IT IS RULED that that April 18, 2016 Joint Motion is granted on the condition that California-American Water Company, Monterey Peninsula Water Management District, and Monterey Regional Water Pollution Control Agency shall, and other parties may, address in supplemental and rebuttal testimony the issues and proposals identified in the body of this Ruling. The schedule stated in the body of this ruling is adopted.
Filing Date 04-25-16
ASSIGNED COMMISSIONER AND ADMINISTRATIVE LAW JUDGE’S RULING CONDITIONALLY GRANTING JOINT MOTION FOR A SEPARATE PHASE 2 DECISION AND SETTING HEARING

CITY COUNCIL AGENDA SPECIAL MEETING, April 27, 2016

ABSTRACT: On the City Council’s Wednesday, April 27, 2016, Special Meeting Agenda, OATH OF OFFICE 3. Administration of the Oath of Office to the elected members of the City Council and the Mayor by the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES RESOLVE AS FOLLOWS:
1. That the City Clerk is hereby ordered to enter upon the records of this City a statement of the results of said General Municipal Election, which results are hereby declared to be set forth in Exhibit “A”, attached hereto, to wit:
STEVE DALLAS, duly qualified and having received the highest number of votes cast for Mayor, and JAN REIMERS and BOBBY RICHARDS, duly qualified and having received the highest number of votes cast at said election for Council Members, hereby each declared elected Mayor and Council Members, respectively, of this City for the following terms:
Steve Dallas Two-year Term
Jan Reimers Four-year Term
Bobby Richards Four-year Term
The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA SPECIAL MEETING PACKET WEDNESDAY, April 27, 2016, 4:30PM, document copy is embedded. 
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA SPECIAL MEETING PACKET
WEDNESDAY, April 27, 2016, 4:30PM