Friday, April 20, 2018

PLAINTIFF’S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT’S 4/4/18 ORDER, POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT'S 4/4/18 ORDER and PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, Case No 5:17-cv-03385-SVK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On April 16, 2018, Steven J. Andre,. Attorney for Plaintiff, STACY LININGER, submitted PLAINTIFF’S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT’S 4/4/18 ORDER and POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT'S 4/4/18 ORDER and PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, Case No 5:17-cv-03385-SVK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Document copies are embedded. CONCLUSION The court should reconsider its analysis and deny the Motion to Dismiss.
NOTE: Date : May 24, 2018
Time: 9:30 am
Dept.: 6 (4th Floor)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
CASE NO. 5:17-cv-03385-SVK
PLAINTIFF’S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT’S 4/4/18 ORDER

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
CASE NO. 5:17-cv-03385-SVK
POINTS & AUTHORITIES IN SUPPORT OF PLAINTIFF'S MOTION FOR NEW TRIAL / RECONSIDERATION OF THE COURT'S 4/4/18 ORDER

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
CASE NO. 5:17-cv-03385-SVK
PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE

PLANNING COMMISSION SPECIAL MEETING AGENDA, April 24, 2018

ABSTRACT: The PLANNING COMMISSION SPECIAL MEETING AGENDA and MEETING AGENDA Discussion on update of the City’s Residential Zoning Code (Chapter 17.10) and Residential Design Guidelines and update of the City’s Commercial Zoning Code (Chapter 17.14) (City of Carmel-by-the-Sea, City-Wide) document copies for April 24, 2018 are embedded.

PC AGENDA 04-24-18 by L. A. Paterson on Scribd
  
CITY OF CARMEL-BY-THE-SEA
SPECIAL PLANNING COMMISSION
MEETING AGENDA

Regular Meeting
April 24, 2018

A. CALL TO ORDER AND ROLL CALL
Commissioners: Michael LePage, Chair
Gail Lehman, Vice Chair
Julie Wendt
Christopher Bolton
Stephanie Locke

B. ROLL CALL

C. PLEDGE OF ALLEGIANCE

D. APPEARANCES

Anyone wishing to address the Commission on matters not on the agenda, but within the jurisdiction of the Commission, may do so now. Please state the matter on which you wish to speak. Matters not appearing on the Commission agenda will not receive action at this meeting but may be referred to staff for a future meeting. Presentations will be limited to three minutes, or as otherwise established by the Commission Chair. Persons are not required to give their name or address, but it is helpful for speakers to state their name in order that the Secretary may identify them.

E. 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.
1.      Draft minutes from the February 14, 2018 Planning Commission Meeting

F. MEETING AGENDA
1. City of Carmel-by-the-Sea
City-Wide 
Discussion on update of the City’s Residential Zoning Code (Chapter 17.10) and Residential Design Guidelines and update of the City’s Commercial Zoning Code (Chapter 17.14).
Update of City’s Residential Zoning Code & Design Guidelines & Commercial Zoning Code 04-24-18 by L. A. Paterson on Scribd
Discussion on update of the City’s Residential Zoning Code (Chapter 17.10) and Residential Design Guidelines and update of the City’s Commercial Zoning Code (Chapter 17.14).

PLANNING COMMISSION REGULAR MEETING MINUTES, February 14, 2018

Pc Minutes February 14, 2018 04-24-18 by L. A. Paterson on Scribd
PLANNING COMMISSION REGULAR MEETING MINUTES, February 14, 2018

City Administrator Chip Rerig: FRIDAY LETTER, April 20, 2018

FRIDAY LETTER, April 20, 2018
Carmel Arbor Day
Food Packaging Ordinance Going into Effect
The Carmel Public Library Foundation
Carmel Beach Update
Pavement Rehabilitation Project Update
Repairs on Beach Stairs
Green Thumb
Restroom Spring Cleaning
Turnaround Arts
Weekend Traffic Control Planned at Rio Road and Highway 1
Share the Sidewalk Expense
Happening at Sunset Center and Forest Theater
Alert Lockdown Inform Counter Evacuate – ALICE
Measuring Time

Friday, April 13, 2018

City Administrator Chip Rerig: FRIDAY LETTER, April 13, 2018

FRIDAY LETTER, April 13, 2018
Carmel PD - Outstanding Again, and Being Recognized
New Signs in Mission Trail Nature Preserve
New Flags
Top Dog Contest
City-wide Paving Project Progress
State Route 1 Climbing Lane Project - It's Not Our Project
Carmel Arbor Day
MTNP 'Weedie'
TAMC Cone Zone
Forest Theater Stage
Happening at Sunset Center and Forest Theater

Wednesday, April 11, 2018

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, MONTEREY PENINSULA TAXPAYERS’ ASSOCIATION, et al., Plaintiffs and Appellants, v. BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, et al., Defendants and Respondents,H042484 (Monterey County Super. Ct. No. M123512): ‘The judgment is affirmed.’

ABSTRACT: RE: Monterey Peninsula TaxpayersAssociation et al. v. Board of Directors of the Monterey Peninsula Water Management District et al. H042484
"In this appeal we review a referendum petition challenging an ordinance passed by the Monterey Peninsula Water Management District (the District), which imposed a water supply charge on properties located in the District. The Monterey Peninsula Taxpayers’ Association and three of its officers (collectively, MPTA) sought a writ of mandate and declaratory relief to invalidate the ordinance and place its referendum on the ballot for the next local election. The superior court denied the requested relief. On appeal, MPTA renews its claims that (1) the referendum complied with the Elections Code and therefore should have been submitted to the voters, (2) the ordinance violates the District’s enabling law, and (3) the ordinance violates article XIII D of the California Constitution. We will affirm the judgment."
ELIA, Acting P. J.
WE CONCUR:
BAMATTRE-MANOUKIAN, J.
MIHARA, J.

Filed 04/11/18
Monterey Peninsula Taxpayers’ Assn. v. Board of Directors etc. CA6
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
MONTEREY PENINSULATAXPAYERS’ ASSOCIATION, et al.,Plaintiffs and Appellants, v. BOARD OF DIRECTORS OF THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, et al., Defendants and Respondents.
H042484
(Monterey County Super. Ct. No. M123512)

REFERENCE:
6th Appellate District
Disposition
Monterey Peninsula Taxpayers' Association et al. v. Board of Directors of the Monterey Peninsula Water Management District et al.
Case Number H042484

Description:
Affirmed in full
Date:
04/11/2018
Disposition Type:
Final
affirmed; fde, pbm, ndm
Publication Status:
Signed Unpublished
Author:
  Elia, Franklin D.  
Participants:
Bamattre-Manoukian, Patricia (Concur)
Mihara, Nathan D. (Concur) 
Case Citation:
none

Proceeding Number A.15-07-019 PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT

ABSTRACT: RE: Application of California-American Water Company (U210W) for Authorization to Modify Conservation and Rationing Rules, Rate Design, and Other Related Issues for the Monterey District, the PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT document copy is embedded. Summary This decision grants the February 24, 2017 motion for adoption of a Settlement Agreement with respect to the Phase 3B Settlement Agreement filed on March 8, 2017.  This resolves all Phase 3B issues. Phase 3B is an adjudication of whether a penalty should be imposed upon California-American Water Company in connection with management of its Monterey District tariffs and, if so, how much. The Phase 3B Settlement Agreement includes a return of $500,000 to ratepayers, thereby resolving  disputed issues and recognizing that some customers may have been affected by inaccurate allotments as part of California-American Water Company’s tariff management. It also provides that California-American Water Company will take several actions to improve tariffs, enhance information regarding its tariffs, and expand upon its shared responsibilities with the Monterey Peninsula Water Management District. The proceeding remains open for resolution of Phase 3A. IT IS ORDERED that:
1. The February 24, 2017 motion for adoption of the Settlement Agreement is granted with respect to the Phase 3B Settlement Agreement filed on March 8, 2017.
2. The $500,000 cost waiver in § 4.2.1 shall be applied to the current Water Revenue Adjustment Mechanism/Modified Cost Balancing Account balance.
3. The provisions in § 4.3.2 shall include, but not be limited to: (a) a new website with a new URL, (b) information on the Modified Cost Balancing Account as well as the Water Revenue Adjustment Mechanism, (c) a “one-stop shop” experience for customers, (d) an explanation of the principles that guided the rate design changes, and (e) the website shall remain active beyond 2017. The information on the website shall communicate, educate and inform Monterey District customers regarding rates and rate design changes including, to the extent adopted by the Commission in Phase 3A, appropriate information on the annual consumption true-up pilot program. California American Water Company may seek authority in a future general rate case to deactivate this webpage but absent the grant of such request the webpage shall remain active. While active, California American Water Company shall review the content no less often than annually with the Commission’s Office of Ratepayer Advocates and the Monterey Peninsula Water Management District, and shall make changes when necessary at any time to keep the webpage accurate and current.

FILED 04-09-18
PRESIDING OFFICER’S DECISION ADOPTING PHASE 3B SETTLEMENT AGREEMENT


ATTACHMENT 1
SETTLEMENT AGREEMENT ON PHASE 3B ISSUES
Filed on March 8, 2017