Sunday, December 24, 2017

2017 CANINE CHRISTMASTREE, MISSION TRAIL NATURE PRESERVE


 MERRY CHRISTMAS! MERRY CHRISTMAS! MERRY CHRISTMAS!

Canine Christmastree, Mission Trail Nature Preserve, Serra Trail

Ornaments, Close-Up

Ornaments, Close-Up


Ornaments, Close-Up




2017 Canine Christmastree, Mission Trail Nature Preserve, Serra Trail

MERRY CHRISTMAS!

Saturday, December 23, 2017

ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On December 21, 2017, SUSAN VAN KEULEN, United States Magistrate Judge, submitted ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32. Importantly, Plaintiff’s motion for reconsideration of the Court’s dismissal of her claims against Flippo, the District Attorney for Monterey County, California, in his official capacity without leave to amend (ECF 32) is granted. “[T]he major grounds that justify reconsideration involve an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice.” Here, the Court withdraws its previous order at ECF 32 and replaces it in full with the order below in order to correct a clear error. Plaintiff’s claim is still dismissed, but Plaintiff shall have leave to amend on or before January 22, 2018.
CONCLUSION
Defendant Flippo’s motion to dismiss is granted with leave to amend. Specifically:
·         Plaintiff is granted leave to cure her deficiencies in pleading injunctive relief;
·         Plaintiff must correct the general Rule 8 deficiencies outlined above.
Plaintiff is ordered to amend her complaint by January 22, 2018. Pursuant to Rule 15(a)(3), Defendants must respond within 14 days after service of the amended complaint.
The ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32 document copy is embedded.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants.
ORDER GRANTING PLAINTIFF’S MOTION FOR RECONSIDERATION; WITHDRAWING AND REPLACING ORDER AT ECF 32
Case No 5:17-cv-03385-SVK
FILED 12/21/17

City Administrator Chip Rerig: FRIDAY LETTER, December 28, 2017

FRIDAY LETTER, December 28, 2017
Happy Holidays
Disaster Preparedness vs. The Dewey Decimal System
Breakfast with Santa
The Thief Who Stole Christmas
Boys and Girls Club Donation
Public Works Garage Cleanup
If you think YOUR garage is messy
CR out

Sunday, December 17, 2017

PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On November 13, 2017, Steven J. Andre, Attorney for Plaintiff, STACY LININGER, submitted PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER. “TO ALL PARTIES HEREIN: PLEASE TAKE NOTICE that on January 9, 2018, at 9:30 am. in Department 6 of the above court, plaintiff will move and hereby does move for an order granting reconsideration or a new trial as to the order granting in part defendant DEAN FLIPPO, District Attorney of Monterey County California's motion to dismiss in this matter. The motion will be brought under Federal Rules of Procedure §59 and §60 and the court's inherent power to reconsider its rulings, and is based upon the Order and the Points and Authorities filed herewith and the files and pleadings and records of this court in this action.”
The PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER document copy is embedded.

Plaintiff's Notice of Motion for New Trail-reconsideration of the Court's 11-6-17 Order 11-13-17 by L. A. Paterson on Scribd
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
PLAINTIFF'S NOTICE OF MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER

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

PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On November 13, 2017, Steven J. Andre, Attorney for Plaintiff, STACY LININGER, submitted PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER to UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA.
CONCLUSION
Defendant FLIPPO, although a state official sued in his official capacity, is not immune from suit for prospective relief based upon the § 1983 allegations here. Plaintiff requests that this court amend the portion of its order finding such 11th Amendment immunity applies to her request for prospective relief and which dismisses defendant FLIPPO from the lawsuit.
Importantly, “a court should reconsider a prior ruling if it overlooked facts or precedent that reasonably would have altered the result. Id. That would be the case here, where this court ruled upon an area of law not briefed or argued by the parties as a basis to dismiss defendant FLIPPO.”
The PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER document copy is embedded.

Plaintiff's Motion for New Trial-reconsideration of Court's 11-6-17 Order 11-13-17 by L. A. Paterson on Scribd
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
PLAINTIFF'S MOTION FOR NEW TRIAL/ RECONSIDERATION OF THE COURT'S 11/6/17 ORDER
Case No 5:17-cv-03385-SVK

ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On November 17, 2017, SUSAN VAN KEULEN, United States Magistrate Judge, submitted ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE. "On November 13, 2017, Plaintiff Lininger (“Plaintiff”) filed a motion for reconsideration. ECF 33. Pursuant to this District’s Civil Local Rule 7-9(a), a motion for reconsideration may not be filed without first obtaining leave from the court. The Court has reviewed Plaintiff’s motion and treats it as a motion for leave to file her motion for reconsideration. As such, the Court grants leave for Plaintiff to file her motion for reconsideration and sets a briefing schedule below."
"The Court directs defendants to file a response to Plaintiff’s motion for reconsideration (ECF 33) on or before December 8, 2017. Plaintiff may file a reply by December 15, 2017. The Court will take the matter under submission without oral argument. "
"In the order granting Defendant’s motion to dismiss, the Court set a deadline for Plaintiff to file an amended complaint by November 28, 2017. ECF 32 at 12. That deadline is vacated, and the Court will set a new date after ruling on the motion for reconsideration."
The ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE, document copy is embedded.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants.
ORDER GRANTING LEAVE TO FILE MOTION FOR RECONSIDERATION AND SETTING BRIEFING SCHEDULE
Case No.17-cv-03385-SVK

Saturday, December 16, 2017

ORDER GRANTING DEFENDANT FLIPPO’S MOTION TO DISMISS WITH LEAVE TO AMEND IN PART, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On November 6, 2017, SUSAN VAN KEULEN, United States Magistrate Judge, submitted ORDER GRANTING DEFENDANT FLIPPO’S MOTION TO DISMISS WITH LEAVE TO AMEND IN PART. CONCLUSION
Defendant Flippo’s motion to dismiss is granted with leave to amend in part. Specifically:
· Plaintiff is granted leave to cure her deficiencies in pleading injunctive relief;
· Plaintiff may not amend to state a claim against Flippo in his official capacity, but may state a claim against a district attorney in his or her individual capacity;
· Plaintiff must correct the general Rule 8 deficiencies outlined above.
Plaintiff is ordered to amend her complaint by November 28, 2017. Pursuant to Rule 15(a)(3), Defendants must respond within 14 days after service of the amended complaint.
Importantly, State Criminal Proceedings
The State filed two charges arising out of Plaintiff’s June 2015 calls. The first case sought revocation of Plaintiff’s 2014 probation for violation of conditions, including making harassing calls to 911, or alternatively, violating the law by violating California Penal Code 653m (making annoying phone calls as defined by the statute) (Case No. MS317393A). The second charged a violation of California Penal Code 653m(a) (Case No. MS333633A). ECF 11-1 at 9.
In January 2017, after a revocation hearing in Case No. MS317393A, the state court ruled that Plaintiff had not violated her conditions of probation. First, the court found that Plaintiff did not make calls to 911, but rather dialed the non-emergency 911 number. ECF 11-1 at 14. Second, in analyzing whether Plaintiff violated section 653m(b), the court found that even though Plaintiff did make repeated calls, she did not do so with specific intent to annoy or harass as the statute requires. ECF 11-1 at 17-18. Finally, the court concluded that the calls were made in good faith, which is protected by the statute. ECF 11-1 at 18. In May 2017, the State dismissed the second case charging a violation of California Penal Code 653m(a).
Plaintiff’s Complaint and Defendant’s Motion to Dismiss
Plaintiff now brings a complaint against a Carmel Police Department officer Roger Pfleger, the City of Carmel, and the Monterey County District Attorney, Dean Flippo. Plaintiff asserts three causes of action under 42 U.S.C. § 1983: 1) Against Defendant Pfleger for retaliation in violation of the First Amendment; 2) Against the City of Carmel for retaliation in violation of the First Amendment; and 3) Against Defendant Flippo for malicious prosecution in violation of the Fourth and Fourteenth Amendment.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants.
ORDER GRANTING DEFENDANT FLIPPO’S MOTION TO DISMISS WITH LEAVE TO AMEND IN PART
Case No.17-cv-03385-SVK

ANSWER OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA TO THE COMPLAINT OF PLAINTIFF STACY LININGER, STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On August 9, 2017, Defendants RONALD PFLEGER and CITY OF CARMEL-BY-THE-SEA submitted an ANSWER OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA TO THE COMPLAINT OF PLAINTIFF STACY LININGER in UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION. The ANSWER OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA TO THE COMPLAINT OF PLAINTIFF STACY LININGER document copy is embedded.  AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE through EIGHTEENTH AFFIRMATIVE DEFENSE.
PRAYER FOR RELIEF
Wherefore, these answering Defendants pray for judgment in their favor and against the
Plaintiff, as follows:
1. The Plaintiff take nothing by reason of her complaint;
2. These answering Defendants be awarded their costs of suit; and
3. These answering Defendants be awarded such other and further relief as the Court may deem just and proper.
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.
ANSWER OF DEFENDANTS RONALD PFLEGER AND CITY OF CARMEL-BY-THE-SEA TO THE COMPLAINT OF PLAINTIFF STACY LININGER
Case No. 5:17-cv-03385-SVK

COMPLAINT FOR DAMAGES [42 U.S.C. § 1983- Retaliation for Exercise of First Amendment Rights; Request for Injunctive Relief], STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES l-50, Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On June 9, 2017, Stacy Lininger, a “private citizen” submitted a COMPLAINT FOR DAMAGES [42 U.S.C. § 1983- Retaliation for Exercise of First Amendment Rights; Request for Injunctive Relief] against Defendants RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES l-50 in UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. The Complaint names Michael Bruno, Carmel Police officer, and Carmel Police Department officer Ronald Pfleger. The COMPLAINT FOR DAMAGES document copy is embedded.
FIRST CLAIM FOR RELIEF 42 U.S.C. § 1983- Retaliation in Violation of the First Amendment (Against Defendant RONALD PFLEGER)
SECOND CLAIM FOR RELIEF 42 U.S.C. § 1983- Against City of Carmel
THIRD CLAIM FOR RELIEF 42 U.S. C. § 1983; Violation of the Fourth and Fourteenth Amendments Malicious Prosecution -Injunctive Relief Against Defendant Dean Flippo, District Attorney of Monterey County
DEMAND FOR RELIEF
Plaintiff respectfully requests that this court:
a. assert jurisdiction over this matter;
b. award compensatory and punitive damages to Plaintiff, in an amount to be proved at trial;
c. grant injunctive relief against the prosecution of persons for the exercise of their constitutional rights.
d. award Plaintiff her costs and attorneys' fees pursuant to 42 U.S.C. § 1988; and
e. grant or award such other relief that this Court deems just and proper.
(Case 5:17-cv-03385-SVK)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES l-50, Defendants.
COMPLAINT FOR DAMAGES
[42 U.S.C. § 1983- Retaliation for Exercise of First Amendment Rights; Request for Injunctive Relief]

Dated 6-9-17

Friday, December 15, 2017

CITY COUNCIL SPECIAL MEETING AGENDA, December 15, 2017


CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING
Friday, December 15, 2017
CLOSED SESSION 2:00 PM
OPEN SESSION 2:00 PM

City Administrator Chip Rerig: FRIDAY LETTER, December 15, 2017

FRIDAY LETTER, December 15, 2017
Carmel's Star Library
Seniors Helping Seniors Luncheon
Chief Tomasi Promotes Powell as New Commander
Community Planning and Building Accomplishments in 2017
Happening at Sunset Center and Forest Theater
Toy Drive
By Unanimous Decision.....
Parks, Open Space, and Coastal Preservation Community Grant
Mission Trail Nature Preserve Invasive Tree Removal
Amendment #1 to Public Works Accomplishments in 2017
Carmel-by-the-Sea Garden Club Teamwork
Americans with Disabilities Act (ADA) Transition Plan

CALIFORNIA COASTAL COMMISSION ‘Concurred:’ NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT 9-14-1735-A3 / A-3-MRA-14-0050-A3 Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County

ABSTRACT: On Wednesday, December 13, 2017, the California Coastal Commission “concurred” on NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT 9-14-1735-A3 / A-3-MRA-14-0050-A3 Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County. The Energy, Ocean Resources and Federal Consistency Division Deputy Director's Report for December 2017 from Alison Dettmer, Deputy Director and Notice of Proposed Immaterial Amendment: CDP 9-14-1735-A3/A-3-MRA-14-0050-A3 California American Water November 29, 2017 report document copy is embedded.  Requested AmendmentOn November 2, 2017 Cal-Am submitted an application to the Commission requesting the CDPs be further amended to allow the existing test well to remain in place for an additional year. Special Condition 6 of the current CDPs requires no later than February 28, 2018 that Cal-Am complete its pump test, cut off, cap, and bury the slant well head, and remove all other associated temporary facilities. Cal-Am is now requesting that deadline be changed to February 28, 2019. As part of its request, Cal-Am states that it will discontinue ongoing operations of the test well and will conduct just limited periodic maintenance pumping (i.e., up to a few hours each week) during the one-year extension.
The purpose of the requested extension is to allow the test well facilities to remain in place while Cal-Am completes its ongoing CEQA and NEPA review processes with the California Public Utilities Commission (“CPUC”) and the Monterey Bay National Marine Sanctuary (“MBNMS”). If the CPUC certifies the CEQA document and approves a Certificate of Public Convenience and Necessity for Cal-Am’s proposed long-term desalination facility, Cal-Am may then apply for CDPs to make the existing test well part of its proposed permanent desalination facility. Should the CEQA and NEPA review process take longer than currently anticipated, Cal-Am may also request a subsequent extension of these CDPs.
NOTICE OF PROPOSED IMMATERIAL PERMIT AMENDMENT
9-14-1735-A3 / A-3-MRA-14-0050-A3
TO: All Interested Parties
FROM: John Ainsworth, Executive Director
DATE: November 29, 2017
SUBJECT: Application to amend Coastal Development Permits No. 9-13-1735 / A-3-MRA-14-0050 granted to California American Water Company (“Cal-Am”) for constructing, operating, and decommissioning a test well, along Monterey Bay shoreline, Monterey County.

REFERENCE:
Energy, Ocean Resources & Federal Consistency
Report by the Deputy Director on permit waivers, emergency permits, immaterial amendments extensions, negative determinations, matters not requiring public hearings, and status report on offshore oil & gas exploration & development. For specific information contact the Commission’s Energy, Ocean Resources, and Federal Consistency Division office at (415) 904-5240.
Concurred
Briefing on seawater desalination Informational briefing by Commission staff on coastal resource issues and regulatory requirements related to seawater desalination in California. Informational item only; no Commission action. (AD-SF)

Tuesday, December 12, 2017

BOARD OF DIRECTORS MONTEREY PENINSULA WATER MANAGEMENT DISTRICT (MPWMD) AGENDA & MINUTES, December 14, 2017

AGENDA PACKET, REGULAR MEETING
BOARD OF DIRECTORS MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 14, 2017

PLANNING COMMISSION REGULAR MEETING AGENDA, December 13, 2017

ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports documents copies for December 13, 2017 are embedded. CONSENT AGENDA including Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District (Arioto, Claudio Ortiz Design Group,SE Corner of Lincoln and 13th) and Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue (Anne Thull Fine Art Designs, Anne Thull, Business Owner,  SW corner of 5th and San Carlos). PUBLIC HEARINGS including Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson prewedding welcome gathering (Allison Weddings, Allison Smith, Applicant, Carmel Beach – Scenic & 12th), Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District (C Pines 7, LLC, Adam Jeselnick, Architect, SE Corner of 7th and Dolores), Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot singlefamily residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District (Ayres, Greg Klein, Architect, Casanova St., 3 SE of 10th Ave., Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District (Budden, RT Budden, Property Owner, Torres 3 NW of 1st), Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District (Holman Ranch, Liz Bolar, Applicant Representative, SW corner of 7th and San CarlosDIRECTOR’S REPORT, Update on Planning Activities and BOARD MEMBER ANNOUNCEMENTS,
CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
MEETING AGENDA
Regular Meeting
December 13, 2017

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

B. TOUR OF INSPECTION
Shortly after 2:45 p.m., the Commission will leave the Council Chambers for an on-site Tour of Inspection of all properties listed on this agenda (including those on the Consent Agenda). The Tour may also include projects previously approved by the City and not on this agenda. Prior to the beginning of the Tour of Inspection, the Commission may eliminate one or more on-site visits. The public is welcome to follow the Commission on its tour of the determined sites. The Commission will return to the Council Chambers at 4:00 p.m. or as soon thereafter as possible.

C. ROLL CALL

D. PLEDGE OF ALLEGIANCE

E. ANNOUNCEMENTS/EXTRAORDINARY BUSINESS

F. CHAIR/VICE-CHAIR ELECTION

G. 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.

H. 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 November 8, 2017 Planning Commission Meeting

2. DS 17-315 (Arioto)
Claudio Ortiz Design Group

SE Corner of Lincoln and 13th
Block: 144; Lot 2
APN: 010-172-011
Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District.
John and Rebecca Arioto 12-13-17 by L. A. Paterson on Scribd
Consideration of a Final Design Study (DS17-315) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square foot single-family residence with attached garage located in the Single-Family Residential (R-1) Zoning District.

3. SI 17-454 (Anne Thull Fine Art Designs)
Anne Thull, Business Owner

SW corner of 5th and San Carlos
Block: 55; Lot 1
APN: 010-135-001
Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue.
New Summit Corporation 12-13-17 by L. A. Paterson on Scribd
Consideration of a Commercial Sign Application (SI 17-454) for the installation of second wall-mounted business sign near the business entrance on 5th Avenue.

I. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

1. CDP 17-445 (Allison Weddings)
Allison Smith, Applicant

Carmel Beach – Scenic & 12th
Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson pre-wedding welcome gathering.
CDP Hawes-Jorgenson 12-13-17 by L. A. Paterson on Scribd
Consideration of a Coastal Development Permit (CDP 17-445) for the Hawes/Jorgenson pre-wedding welcome gathering.

2. DR 17-365 (C Pines 7, LLC)
Adam Jeselnick, Architect

SE Corner of 7th and Dolores
Block: 91; Lots: 2, 4, 6, 8
APN: 010-145-020
Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District.
C Pines 7, LLC 12-13-17 by L. A. Paterson on Scribd
Consideration of a Design Review (DR 17-365) application for outdoor seating associated with an existing restaurant (7th & Dolores) located in the Service Commercial (SC) District.

3. DS 17-372 (Ayres)
Greg Klein, Architect

Casanova St., 3 SE of 10th Ave.
Block: E; Lot: 8
APN: 010-185-015
Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot single-family residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.
Janet Ayres 12-13-17 by L. A. Paterson on Scribd
Consideration of a Final Design Study (DS 17-372) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,600 square-foot single-family residence, and proposed 200 square-foot detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.

4. DS 17-212 (Budden)
RT Budden, Property Owner

Torres 3 NW of 1st
Block: 7; Lot: 5
APN: 009-132-007
Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District.
R. Terence & Nancy Ann Budden 12-13-17 by L. A. Paterson on Scribd
Consideration of a Concept Design Study (DS 17-212) and associated Coastal Development Permit for a second story addition to an existing single story residence located in the Single- Family Residential (R-1) Zoning District.

5. UP 17-442 (Holman Ranch)
Liz Bolar, Applicant Representative

SW corner of 7th and San Carlos
Block: 91; Lots: half of lot 3
APN: 010-145-001
Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District.
Robert H. Burgess 12-13-17 by L. A. Paterson on Scribd
Consideration of a Use Permit (UP 17-442) application for the establishment of a new wine tasting room located in the Service Commercial (SC) Zoning District.

J. DIRECTOR’S REPORT
1. Update on Planning Activities

K. BOARD MEMBER ANNOUNCEMENTS

L. ADJOURNMENT

PLANNING COMMISSION REGULAR MEETING – MINUTES, November 8, 2017


PLANNING COMMISSION REGULAR MEETING – MINUTES, November 8, 2017

City Administrator Chip Rerig: FRIDAY LETTER, December 8, 2017

FRIDAY LETTER, December 8, 2017
Friends of the Harrison Memorial Library Book Sale Donation
New Food Packaging Requirements
Public Works Accomplishments in 2017
Updated Contracts
Winter Holiday Fire Safety
Holiday Decorating
Holiday Entertaining
Facts from the National Fire Protection Association
Earthcache
"Heads Up" on 5th Avenue
Ride A Bike
Tree Removal on Northbound Highway 1 in Carmel Starts Monday
Caltrans reminds motorists to move over and slow down when driving through
highway work zones.
Happening at Sunset Center and Forest Theater

Monday, December 04, 2017

Carmel Art Association Presents ALL-MEMBER SHOW ‘THE ART OF GIFTING’


Mission Statement: 
The Association exists to provide its members with a permanent art gallery, to advance knowledge of, and interest in the arts, and to create a spirit of cooperation and fellowship among artists and the community. 

A Proud Heritage:
The legendary Carmel Art Association was formed on August 8, 1927 by a small group of artists who gathered at “Gray Gables,” the modest home/studio of Josephine Culbertson and Ida Johnson at the corner of Seventh and Lincoln in Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century and individually found their respective paths to Carmel from all corners of the world—each desired a greater sense of community, a spirit of collaboration, and a place to show their work. Before the meeting concluded, they had established an association with a mission “to advance art and cooperation among artists, secure a permanent exhibition space, and promote greater fellowship between artists and the public.” 

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge

For more information, Online or (831) 624-6176.


Thursday, December 7, 2017– Tuesday, January 2, 2018


Carmel Art Association Presents ALL-MEMBER SHOW “THE ART OF GIFTING”

ALL-MEMBER SHOW “THE ART OF GIFTING”
Our Holiday exhibit, The Art of Gifting features lots of miniatures, plus small artworks by many of CAA Artist Members that make wonderful gifts for family & friends or to add to your collection. 

Opening Reception & Holiday Open House: Saturday, December 9, 5:00 P.M. -7:00 P.M.


CURRENT ARTISTS

Apodaca, Johnny
Auvil, Eleen
Beach, Mary FitzGerald
Becom, Jeffery 
Bhaskar, Norma Zeigle
Biederman, Patty
Black, Blaine
Blok, Lucas
Bradford, Cyndra
Bullas, Will
Bullas, Mike
Carvell, Fred
Catbagan, Eileen
Chapman, Carol
Chiappone, Dolores
Coleman, Constance
Crispo, Dick
Crocetti, Kathleen
Crozier, Christine
Curtis, Micah
Davidson, Laurent
Delimont, Sheila
Dominguez, Miguel A.
Dominguez, Miguel
Donovan, Gael
Downs, Anne
Downs, Douglas
Emery, Cornelia
Farina, Mark
Farmer, Beva *
Gafill, Erin Lee
Geller Robertson, Alice
Giacometti, Susan
Golding, Frieda *
Gonzales, Alex
Goode, Jane
Goyatton, Yves
Grauer, Ron
Greenwald, Kathryn
Harris, Sam *
Hart, Roianne
Healey, Sarah
Hiers, Peter
Hitchcock, Eric*
Holt, Shirley
Hybl, Heidi
Jelmini, Peggy
Johnson, Barbara
Johnson, Andrea
Kreitman, Barbara
Laney, Francyne
Lestrade, Jack *
Lim, Y. S.
Lindberg, Keith
Lofton, Melissa
Marsh, John *
Martin, Gerard
Martin, Kate
McIntyre, Robert
McWilliams, John
Meheen, Alicia
Morrison, Brenda
Northrop, Wilda
Olsen, Peggy
Paley, Albert
Parker, Carol
Partido, Noro
Peak, Dennis
Perkins, Howard R
Plamondon, Peter
Price, Lilli-anne
Rappa, Anthony
Reeves, Gail
Reith, Susan
Robbins, Stan
Robinson, Irene
Sawicki, Richard
Sawyer, Chris
Schnute, William *
Schwien, Guenevere
Shachmut, Daria
Sloan, Tim
Smith, Jeff Daniel
Smith, Julie Brown*
St. Mary, Michael *
Stanford, Dennis
Takigawa, Pamela
Tanous, Joe
Terrill Hughes, Ardith *
Tette, Richard
Torres, Gustavo
Tsouris, Michel
Van Megert, Jerry *
Wagstaff, Jan
Ward, Edward Norton *
Ward, Justin
Whitlock, David
Williams, Andy
Wilson, Chloe
Winfield, Rodney *
Wolcott, Diane
Woodruff, Jean
Woodson, Richmond P.
Yadon, Vern
*Denotes inactive artist member

SPECIAL EVENT
HOLIDAY OPEN HOUSE
SATURDAY, DECEMBER 9, 2017, 5:00 P.M. – 7:00 P.M.

Join us at our festive Holiday Open House, the CAA's annual celebration to start the season! Live music, food catered by Jeffrey's Grill, wine and Holiday cheer!

SALVATION ARMY TOY DRIVE
Friday, December 1 – Friday, December 15, 2017
CAA will accept your donations of new unwrapped toys, or sweaters & jackets for children of all ages to place under our Holiday tree from December 1 - 15. You may also bring non-perishable food items for the Salvation Army local Food Drive. 

ADDENDUM:

Carmel Art Association on facebook

Friday, December 01, 2017

City Administrator Chip Rerig: FRIDAY LETTER, December 1, 2017

FRIDAY LETTER, December 1, 2017
HML FOOD FOR FINE$
(Re)directing Visitors
Toys for Tots Reminder
Happening at Sunset Center and Forest Theater
Thanksgiving Dinner
Esther Partido Retirement Lunch
Amazing Volunteer!
Police Building Renovation and Expansion Project
Traffic Counter
Pavement Management System Update
Town & Country Gardening and Landscaping

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA & MINUTES, December 4, 2017

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
December 4, 2017

CITY COUNCIL AGENDA: CITY COUNCIL SPECIAL MEETING - WORKSHOP, December 4, 2017

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - WORKSHOP
Monday, December 4, 2017
OPEN SESSION 5:30 PM

Eleven Noteworthy 5 December 2017 City Council Regular Meeting Agenda Items

ABSTRACT: Eleven Noteworthy 5 December 2017 City Council Regular Meeting Agenda Items, including CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS,
Monthly Reports for October 2017: City Administrator Contract Log, Community Planning and Building Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports, Consideration of a resolution amending the Fiscal Year 2017-2018 Capital Improvement Plan and Adopted Budget to Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act, Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District., Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey, 1) Consideration of a Resolution adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and Carmel Fire Ambulance Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding 2) Adopt a resolution authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for Carmel Fire Ambulance Association classifications as of January 1, 2017, City Council review of a Use Permit (UP 17-80) application approved by the Planning Commission to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant, Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation and Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff.  The CITY OF CARMEL-BY-THE-SEA CITY COUNCIL AGENDA REGULAR MEETING Tuesday, December 5, 2017 and Staff Report document copies are embedded. 

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, December 5, 2017
TOUR OF INSPECTION 2:30 PM
CLOSED SESSION 3:00 PM
OPEN SESSION 4:30 PM


CALL TO ORDER AND ROLL CALL

TOUR OF INSPECTION
A. The Council will meet in the Council Chamber and proceed 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. Markowski Property - Northwest Corner of Santa Rita Street and Ocean Avenue

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
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

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Stacy Lininger v. Ronald Pfleger, City of Carmel-by-the-Sea, et. al.
United States District Court, Northern District of California Court Case No. C17-3385SVK

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
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

D. 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

E. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Administrative Hearing: CalPERS Joint Powers Authority retirement contribution dispute.

F. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 3 cases

OPEN SESSION

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 from Councilmembers
C. Announcements from the City Administrator
D. Announcements from the 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


1. Monthly Reports: City Administrator Contract Log, Community Planning and Building Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports
Monthly Reports October 2017 12-05-17 by L. A. Paterson on Scribd
Monthly Reports: City Administrator Contract Log, Community Planning and Building Department Reports, Fire, Ambulance, Beach Reports, Public Records Act Requests, and Forester Reports

3. Consideration of a resolution amending the Fiscal Year 2017-2018 Capital Improvement Plan and Adopted Budget to Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act
Amending FY 2017-18 CIP & Adopted Budget 12-05-17 by L. A. Paterson on Scribd
Consideration of a resolution amending the Fiscal Year 2017-2018 Capital Improvement Plan and Adopted Budget to Incorporate a List of Projects Funded by SB 1: The Road Repair and Accountability Act

5. Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District.
Mills Act Contract 12-05-17 by L. A. Paterson on Scribd
Consideration of a Mills Act Contract for an existing historic residence located in the Single-Family Residential (R-1) Zoning District.

9. Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey.
Grant Deed Exchange Between City & Roman Catholic Bishop Monterey 12-05-17 by L. A. Paterson on Scribd
Consideration of a grant deed exchange between the City of Carmel-by-the-Sea and the Roman Catholic Bishop of Monterey.

11. 1) Consideration of a Resolution adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and Carmel Fire Ambulance Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding.
2) Adopt a resolution authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for Carmel Fire Ambulance Association classifications as of January 1, 2017.
MOU Between City & Carmel Fire Ambulance Assoc. 12-05-17 by L. A. Paterson on Scribd
1) Consideration of a Resolution adopting a Memorandum of Understanding (MOU) between the City of Carmel-by-the-Sea and Carmel Fire Ambulance Association for the period January 1, 2017 through June 30, 2019 and authorize the City Administrator to execute the Memorandum of Understanding.
2) Adopt a resolution authorizing and approving the City of Carmel-by-the-Sea current pay rates and ranges (salary schedule) for Carmel Fire Ambulance Association classifications as of January 1, 2017.

PUBLIC HEARINGS
13. City Council review of a Use Permit (UP 17-80) application approved by the Planning Commission to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant.
Review of Use Permit (UP 17-80) Application 12-05-17 by L. A. Paterson on Scribd
City Council review of a Use Permit (UP 17-80) application approved by the Planning Commission to convert an existing restaurant (Carmel Coffee and Cocoa Bar) located in the Central Commercial (CC) Zoning District from a specialty restaurant to a full-line restaurant.

16. Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation
Ordinance (Second Reading) Amending MC Sections 17.08 & 17.68 12-05-17 by L. A. Paterson on Scribd
Consideration of an Ordinance (Second Reading) amending Municipal Code Sections 17.08 (Residential Zoning District) and 17.68 (Use Classifications) pertaining to accessory dwelling units in response to recently adopted state legislation

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.


19. Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff
Flanders Mansion Use Options 12-05-17 by L. A. Paterson on Scribd
Receive a presentation regarding possible options for the use of the Flanders mansion and provide direction to staff

ADJOURNMENT