RFQ LegalCouncilRFQ Final Posting by L. A. Paterson on Scribd
CITY OF CARMEL-BY-THE-SEA
REQUEST FOR QUALIFICATIONS (RFQ) FOR LEGAL SERVICES
Sunday, February 26, 2017
CITY OF CARMEL-BY-THE-SEA REQUEST FOR QUALIFICATIONS (RFQ) FOR LEGAL SERVICES
CITY OF CARMEL-BY-THE-SEA
REQUEST FOR QUALIFICATIONS (RFQ) FOR LEGAL SERVICES
Thursday, February 23, 2017
STATE OF CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD CENTRAL COAST REGION, Agenda Item 16, Consideration of Waste Discharge and Water Recycling Requirements for the Pure Water Monterey Advanced Water Purification Project, Monterey County, Order No. R3-2017-0003
ABSTRACT:
On Thursday, March 9, 2017, the Central Coast Regional Water Quality Control
Board is scheduled to consider Agenda Item 16,Consideration
of Waste Discharge and Water Recycling Requirements for the Pure Water Monterey
Advanced Water Purification Project, Monterey County, Order No.
R3-2017-0003, at Watsonville City Council Chambers, 275 Main Street,
Watsonville, CA. The NOTICE OF PUBLIC MEETING Revised
2/17/17 11:00 a.m., STAFF REPORT, ATTACHMENT 1 Draft Order No.
R3-2017-0003 Pure Water Monterey - Advanced Water Purification Facility
and Groundwater Replenishment Project, ATTACHMENT 2 Monterey
Regional Water Pollution Control Agency Comment Letter dated January 19,
2017 and ATTACHMENT 3 California American Water Comment Letter
dated January 20, 2017 document copies are embedded.
NOTICE OF PUBLIC MEETING Revised 2/17/17 11:00 a.m.
STATE OF
CALIFORNIA
REGIONAL WATER
QUALITY CONTROL
BOARD CENTRAL
COAST REGION
STAFF REPORT FOR
REGULAR MEETING OF MARCH 7-9, 2017
ATTACHMENT 1
Draft Order No.
R3-2017-0003
Pure Water
Monterey - Advanced Water Purification Facility and Groundwater Replenishment
Project
ATTACHMENT 2
Monterey
Regional Water Pollution Control Agency
Comment Letter
dated January 19, 2017
ATTACHMENT 3
California
American Water
Comment Letter
dated January 20, 2017
REFERENCE:
Agenda Item #16 Consideration
of Waste Discharge and Water Recycling Requirements for the Pure Water Monterey
Advanced Water Purification Project, Monterey County, Order No. R3-2017-0003 (Written comments were due by January 20,
2017).
Attachment 1 Draft Order No. R3-2017-0003
|
Attachment 2 Letter from Monterey Regional
Water Pollution Control Agency, dated January 19, 2017
|
Attachment 3 Letter from California American
Water, dated January 20, 2017
|
Wednesday, February 22, 2017
Proceeding Number A.12-04-019 PUBLIC WATER NOW RESPONSE IN SUPPORT OF MOTION BY MARINA COAST WATER DISTRICT FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT / DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RECOMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, SUBD. (B))
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 PUBLIC WATER NOW RESPONSE IN SUPPORT OF MOTION BY MARINA COAST WATER DISTRICT FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT / DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RECOMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, SUBD. (B)) document copy is embedded. CONCLUSION Public Water Now supports the request for recirculation as the appropriate and justified remedy of the DEIR/EIS omissions of contact information, late release of key documentation, and lack of complete compliance with CEQA and NEPA objectives.
Public Water Now Response in Support of Motion by Mcwd 2-14-17 by L. A. Paterson on Scribd
PUBLIC WATER NOW RESPONSE IN SUPPORT OF MOTION BY MARINA COAST WATER DISTRICT FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT / DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RECOMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, SUBD. (B))
Public Water Now Response in Support of Motion by Mcwd 2-14-17 by L. A. Paterson on Scribd
PUBLIC WATER NOW RESPONSE IN SUPPORT OF MOTION BY MARINA COAST WATER DISTRICT FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT / DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RECOMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, SUBD. (B))
Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING DENYING MARINA COAST WATER DISTRICT’S MOTION FOR ACCESS TO DOCUMENTS, RECIRCULATION OF DRAFT EIR, AND RE-COMMENCEMENT OF COMMENT PERIOD
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 ADMINISTRATIVE LAW JUDGE’S RULING DENYING MARINA COAST WATER DISTRICT’S MOTION FOR ACCESS TO DOCUMENTS, RECIRCULATION OF DRAFT EIR, AND RE-COMMENCEMENT OF COMMENT PERIOD document copy is embedded. IT IS RULED that the February 8, 2017 motion of Marina Coast Water District for access to documents, recirculation of the January 13, 2017 Notice of Availability of the Commission’s draft Environmental Impact Report/Environmental Impact Statement, and re-commencement of the public comment period is denied.
ADMINISTRATIVE LAW JUDGE’S RULING DENYING MARINA COAST WATER DISTRICT’S MOTION FOR ACCESS TO DOCUMENTS, RECIRCULATION OF DRAFT EIR, AND RE-COMMENCEMENT OF COMMENT PERIOD
ADMINISTRATIVE LAW JUDGE’S RULING DENYING MARINA COAST WATER DISTRICT’S MOTION FOR ACCESS TO DOCUMENTS, RECIRCULATION OF DRAFT EIR, AND RE-COMMENCEMENT OF COMMENT PERIOD
Thursday, February 16, 2017
Proceeding Number A.12-04-019 MOTION FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT /DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RE-COMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, subd. (b))
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 MOTION FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT /DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RE-COMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, subd. (b)) document copy is embedded. CONCLUSION MCWD requests that an order or ruling issue promptly, requiring that:
1) MCWD be provided prompt access to all of the documents referenced in the DEIR/DEIS and the Appendices thereto;
2) All of the documents referenced in the DEIR/DEIS for the MPWSP and the Appendices thereto be made readily accessible to the public for review, including – if an advance appointment for review is required – provision of sufficient and accurate contact information to arrange for such advance appointment;
3) The NOA of the DEIR/DEIS for the MPWSP be recirculated;
4) The recirculated NOA restart the public comment period for the DEIR/DEIS; and
5) The recirculated NOA include a clear statement of procedures and contact information for the public to arrange for review of the documents referenced in the DEIR/DEIS for the MPWSP and the Appendices.
MOTION FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT /DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RE-COMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, subd. (b))
1) MCWD be provided prompt access to all of the documents referenced in the DEIR/DEIS and the Appendices thereto;
2) All of the documents referenced in the DEIR/DEIS for the MPWSP and the Appendices thereto be made readily accessible to the public for review, including – if an advance appointment for review is required – provision of sufficient and accurate contact information to arrange for such advance appointment;
3) The NOA of the DEIR/DEIS for the MPWSP be recirculated;
4) The recirculated NOA restart the public comment period for the DEIR/DEIS; and
5) The recirculated NOA include a clear statement of procedures and contact information for the public to arrange for review of the documents referenced in the DEIR/DEIS for the MPWSP and the Appendices.
MOTION FOR ACCESS TO DOCUMENTS AND FOR RECIRCULATION OF THE JANUARY 13, 2017 NOTICE OF AVAILABILITY OF THE COMMISSION’S DRAFT ENVIRONMENTAL IMPACT REPORT /DRAFT ENVIRONMENTAL IMPACT STATEMENT AND RE-COMMENCEMENT OF PUBLIC COMMENT PERIOD (PUB. RESOURCES CODE § 21092, subd. (b))
Proceeding Number A.12-04-019 NOTICE OF REASSIGNMENT
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 NOTICE OF REASSIGNMENT document copy is embedded. Please be advised that not consolidated proceedings in Application (A.) 12-04-019, A.15-07-019 and Rulemaking 14-10-010, are being reassigned from President Michael Picker to Commissioner Liane M. Randolph.
NOTICE OF REASSIGNMENT
Sunday, February 12, 2017
‘The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone,’ CARMEL-BY-THE-SEA A GOVERNANCE REVIEW, 2014-2015 Monterey County Civil Grand Jury (MCCGJ)
The Carmel Pine Cone
F15. The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.
SOURCE: CARMEL-BY-THE-SEA A GOVERNANCE REVIEW, 2014-2015 Monterey County Civil Grand Jury (MCCGJ)
Later, in January 2017, regarding City Attorney Don Freeman’s “retirement,” not only did City Attorney Don Freeman tell Squid’s colleague “there was nothing to it, and he wasn’t sure what games people were playing,” but both City Attorney Don Freeman and City Administrator Chip Rerig “posited that the Carmel rumormill cranked into gear after Freeman recommended (and Rerig approved) some work by an outside attorney, Glen Mozingo, on the city’s contract with the Sunset Center. Rerig, sounding frustrated, put it this way: “If our community doesn’t have drama for eight hours, there’s this need to stir the pot. It’s odd at best. And you can quote me on that.”” Then, at the City Council meeting on February 7, 2017, City Attorney Don Freeman made his “official announcement” of his retirement. On February 10, Mary Schley reported that “Don Freeman announced Tuesday night he will retire from the job before the end of the year. He will still practice law — just not for the City of Carmel-by-the-Sea… At Tuesday’s meeting, Freeman said he hasn’t set a date for departure, but that it’s time for him to go. “It is my intent to retire from the City of Carmel and let somebody else take over — it’s been awhile, and I think that’s probably a good move for the city and for myself,” he said.” Two days earlier, on February 8, 2016, Pam Marino, MONTEREY COUNTY WEEKLY, wrote “Carmel City Attorney Don Freeman played a version of the party game "Two Truths and a Lie" with the City Council Tuesday night, before revealing what had been an open secret for weeks: He's retiring after 33 years with the city.”
Carmel-By-The-Sea Mail - Fwd Paul Tomasi by L. A. Paterson on Scribd
Subject: Paul Tomasi
MORE DISINFORMATION:
“He was my right arm for the first several months I was here,” Rerig says, explaining why Calhoun’s salary remained at that level.
Calhoun says he was acting as an assistant to the city administrator during those months, while he was performing his duties as police chief.
SOURCE: CalPERS looks into pay for retired Carmel police chief, Pam Marino, Feb 2, 2017, MONTEREY COUNTY WEEKLY
However, the City’s response to a public records act request requesting all public records demonstrating that Mike Calhoun was acting assistant city administrator between March 1, 2016 and September 1, 2016, as follows: “The City of Carmel-by-the-Sea has no responsive records pursuant to your request.”
REFERENCES:
The local newspaper incited a groundswell of public opinion among the residents through articles generally biased against the New Administration.
Most of the politically active residents seemed to be strongly influenced by The Carmel Pine Cone and there was no real understanding of the difficult position the City was in following the strained economic period leading up to 2011/2012. Compliance issues, lack of adherence to City policy and the Municipal Code, and the impact of the absence of a professional Human Resources Director or management were not observable to the general public.
Most of the politically active residents seemed to be strongly influenced by The Carmel Pine Cone and there was no real understanding of the difficult position the City was in following the strained economic period leading up to 2011/2012. Compliance issues, lack of adherence to City policy and the Municipal Code, and the impact of the absence of a professional Human Resources Director or management were not observable to the general public.
F15. The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.
Unfortunately, City Administrator Chip Rerig has demonstrated that he too is “unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.” Not only has City Administrator Chip Rerig shown a preference for and to The Carmel Pine Cone, but he has engaged in a disinformation campaign against the Monterey County Weekly, The Monterey County Herald and the public. To wit, in December 2016, at the time City Administrator Chip Rerig appointed Commander Paul Tomasi to the position of Chief of Police/Director of Public Safety, Rerig sent an e-mail to city employee staff stating, in part, “Lastly, I was remiss in not sending you the news of Paul's appointment to the entire staff team earlier. You should not have learned of my decision through our local media outlets, and I apologize for this oversight. My only defense is that I wanted to insure that the story was not first reported by a news group other than The Pine Cone. I'll do better in the future.” Furthermore, Rerig noted to Carly Mayberry, Monterey Herald, that he had “conducted a national search” for police chief. However, per a public records act request, the City’s response: “The City has no responsive records pursuant to this request.”
Carmel-By-The-Sea Mail - Fwd Paul Tomasi by L. A. Paterson on Scribd
Carmel-by-the-Sea
Mail
From:
Chip Rerig <crerig@ci.carmel.ca.us>
Date: Fri, Dec 16, 2016 at 10:07 AMSubject: Paul Tomasi
MORE DISINFORMATION:
“He was my right arm for the first several months I was here,” Rerig says, explaining why Calhoun’s salary remained at that level.
Calhoun says he was acting as an assistant to the city administrator during those months, while he was performing his duties as police chief.
SOURCE: CalPERS looks into pay for retired Carmel police chief, Pam Marino, Feb 2, 2017, MONTEREY COUNTY WEEKLY
2014-2015 Monterey County Civil
Grand Jury (MCCGJ)
Carmel’s new police chief sworn in By Carly Mayberry, Monterey Herald
Posted: 12/30/16, 6:38 PM PST | Updated: on 12/30/2016
SQUID FRY 01.26.17: Private Eyes
Carmel's city attorney proves the rumors are true: He's retiring.
Pam Marino Feb 8, 2017
Freeman to retire as city attorney
By MARY SCHLEY, The Carmel Pine Cone, February 10, 2017, 3A & 26A
Carmel’s new police chief sworn in By Carly Mayberry, Monterey Herald
Posted: 12/30/16, 6:38 PM PST | Updated: on 12/30/2016
SQUID FRY 01.26.17: Private Eyes
Carmel's city attorney proves the rumors are true: He's retiring.
Pam Marino Feb 8, 2017
Freeman to retire as city attorney
By MARY SCHLEY, The Carmel Pine Cone, February 10, 2017, 3A & 26A
Friday, February 10, 2017
CITY COUNCIL SPECIAL MEETING AGENDA, Discussion and direction regarding the City Attorney selection process, February 15, 2017
CITY COUNCIL AGENDA
SPECIAL MEETING
Wednesday, February 15, 2017
SPECIAL MEETING
Wednesday, February 15, 2017
City Administrator Chip Rerig & City Attorney Don Freeman: playing games?
ABSTRACT: On January 26, 2017, SQUID FRY, MONTEREY COUNTY WEEKLY, stated that “a rumor swirling at Carmel City Hall last week, that a resignation was forthcoming from City Attorney Don Freeman. Squid’s colleague called Freeman, who said there was nothing to it, and he wasn’t sure what games people were playing.” However, at the City Council Regular Meeting on Tuesday, February 7, 2017, City Attorney Don Freeman made an “official announcement” stating that “this will be my last year,” “it is my intent to retire from the City of Carmel and let somebody else take over — it’s been awhile, and I think that’s probably a good move for both the city and myself.” Although “retiring” from the City of Carmel-by-the-Sea, he will continue to serve as city attorney for the City of Seaside and practice law, according to reporting in The Carmel Pine Cone, dated February 10, 2017.
REFERENCES:
STIRRING THE POT, SQUID FRY 01.26.17, MONTEREY COUNTY WEEKLY
Freeman to retire as city attorney, By MARY SCHLEY, The Carmel Pine Cone, February 10, 2017, 3A & 26A
re·tire/rəˈtÄ«(É™)r/ verb
1. leave one's job and cease to work, typically upon reaching the normal age for leaving employment
re·sign/rəˈzÄ«n/ verb
1. voluntarily leave a job or other position:
REFERENCES:
STIRRING THE POT, SQUID FRY 01.26.17, MONTEREY COUNTY WEEKLY
Freeman to retire as city attorney, By MARY SCHLEY, The Carmel Pine Cone, February 10, 2017, 3A & 26A
re·tire/rəˈtÄ«(É™)r/ verb
1. leave one's job and cease to work, typically upon reaching the normal age for leaving employment
re·sign/rəˈzÄ«n/ verb
1. voluntarily leave a job or other position:
CalPERS looks into pay for retired Carmel police chief, Pam Marino, Feb 2, 2017, MONTEREY COUNTY WEEKLY: ‘Calhoun says he was acting as an assistant to the city administrator during those months, while he was performing his duties as police chief.
ABSTRACT: “He was my right arm for the first several months I was here,” Rerig says, explaining why Calhoun’s salary remained at that level.
Calhoun says he was acting as an assistant to the city administrator during those months, while he was performing his duties as police chief.
Calhoun says he was acting as an assistant to the city administrator during those months, while he was performing his duties as police chief.
SOURCE: CalPERS looks into pay for retired Carmel police chief, Pam Marino, Feb 2, 2017, MONTEREY COUNTY WEEKLY
However, the City’s response to a public records act request requesting all public records demonstrating that Mike Calhoun was acting assistant city administrator between March 1, 2016 and September 1, 2016, as follows: “The City of Carmel-by-the-Sea has no responsive records pursuant to your request.”
As background, the MCW article states that when Public Safety Director/Police Chief Mike Calhoun became Interim City Administrator/Public Safety Director/Police Chief in November 2015 his annual salary increased from $145,000/year to $175,000/year and remained at $175,000/year for five months after Chip Rerig became city administrator on March 1, 2016, and then decreased to $170,000 until his retirement on December 30, 2016.
As background, the MCW article states that when Public Safety Director/Police Chief Mike Calhoun became Interim City Administrator/Public Safety Director/Police Chief in November 2015 his annual salary increased from $145,000/year to $175,000/year and remained at $175,000/year for five months after Chip Rerig became city administrator on March 1, 2016, and then decreased to $170,000 until his retirement on December 30, 2016.
Tuesday, February 07, 2017
PLANNING COMMISSION REGULAR MEETING AGENDA, February 8, 2017
ABSTRACT: The CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION REGULAR MEETING AGENDA and Planning Commission Reports documents copies for February 8, 2017 are embedded. PUBLIC HEARINGS, including Reconsideration of recommendations made to the City Council for an Ordinance amending Municipal Code Sections 17.14, 17.56 and 17.68 to amend the restaurant and food store regulations (Carmel-by-the-Sea Commercial (CC, SC, RC) Districts), Consideration of a Design Study (DS 16-308) and Coastal Development Permit for repair work to an existing historic residence located in the Single-Family Residential (R-1), Beach and Riparian Overlay and Archaeological Significance (AS) Overlay Zoning Districts (Chuck Henderson, 26336 Scenic Road “Cabin on the Rocks,” Consideration of a Final Design Study (DS 16-239) and associated Coastal Development Permit for alterations and an addition to an existing residence located in the Single-Family Residential (R-1) Zoning District (McLaughlin, Brian Congleton, Architect, 1st Ave., 2 SE of San Carlos), Consideration of Final Design Study (DS 16-436) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning and Archaeological Significance (AS) Overlay Zoning Districts (LB Homebuyers, Krebs Design Group, Designer, SE corner of Lopez and 2nd Ave.), Consideration of Final Design Study (DS 16-177) and associated Coastal Development Permit for the second story addition to an existing single-family residence located in the Single-Family Residential (R-1) Zoning District (Kronenberger, Claudio Ortiz Design Group, SE Corner of San Antonio & 11th) and Consideration of a Concept Design Study (DS 16-472) and associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning District (Wilson, Claudio Ortiz Design Group, Mission, 2 NW of Vista Avenue).
PLANNING COMMISSION
REGULAR MEETING AGENDA
February 8, 2017
A. CALL TO ORDER AND ROLL CALL
PLANNING COMMISSION
REGULAR MEETING AGENDA
February 8, 2017
Commissioners: Don Goodhue, Chair
Michael LePage, Vice Chair
Julie Wendt
Gail Lehman
Karen Sharp
H. PUBLIC HEARINGS
Michael LePage, Vice Chair
Julie Wendt
Gail Lehman
Karen Sharp
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. Carmel-by-the-Sea
Commercial (CC, SC, RC) Districts
Reconsideration of recommendations made to the City Council for an Ordinance amending Municipal Code Sections 17.14, 17.56 and 17.68 to amend the restaurant and food store regulations
Reconsideration of Recommendations to the City Council 02-08-17 by L. A. Paterson on Scribd
2. DS 16-308 (Henderson)
Chuck Henderson
26336 Scenic Road (“Cabin on the Rocks”)
Block 18; Lot 1 and 2
APN: 009-423-001 and 002
Consideration of a Design Study (DS 16-308) and Coastal Development Permit for repair work to an existing historic residence located in the Single-Family Residential (R-1), Beach and Riparian Overlay and Archaeological Significance (AS) Overlay Zoning Districts
Wellington S. Henderson Jr. 02-08-17 by L. A. Paterson on Scribd
3. DS 16-239 (McLaughlin)
Brian Congleton, Architect
1st Ave., 2 SE of San Carlos
Block: 11; Lots: E ½ of 2 and 4
APN: 010-121-024
Consideration of a Final Design Study (DS 16-239) and associated Coastal Development Permit for alterations and an addition to an existing residence located in the Single-Family Residential (R-1) Zoning District
Thomas & Irene McLaughlin 02-08-17 by L. A. Paterson on Scribd
4. DS 16-436 (LB Homebuyers)
Krebs Design Group, Designer
SE corner of Lopez and 2nd Ave.
Blk: KK; Lot: 30
APN: 010-231-023
Consideration of Final Design Study (DS 16-436) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning and Archaeological Significance (AS) Overlay Zoning Districts
LB Homebuilders 02-08-17 by L. A. Paterson on Scribd
5. DS 16-177 (Kronenberger)
Claudio Ortiz Design Group
SE Corner of San Antonio & 11th
Blk: X; Lot: 2
APN: 010-279-016
Consideration of Final Design Study (DS 16-177) and associated Coastal Development Permit for the second story addition to an existing single-family residence located in the Single-Family Residential (R-1) Zoning District
M&C Kronenberger 02-08-17 by L. A. Paterson on Scribd
6. DS 16-472 (Wilson)
Claudio Ortiz Design Group
Mission, 2 NW of Vista Avenue
Block 4.5; Lot 15
APN: 010-115-016
Consideration of a Concept Design Study (DS 16-472) and associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning District.
Kenneth Wilson 02-08-17 by L. A. Paterson on Scribd
7. DS 16-466 (Cosentino)
Claudio Ortiz Design Group
Mission, 2 NW of Vista Avenue
Block 4.5; Lot 15
APN: 010-115-016
Consideration of a Concept Design Study (DS 16-466) and associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning and Archaeological Significance (AS) Overlay Zoning Districts.
Commercial (CC, SC, RC) Districts
Reconsideration of recommendations made to the City Council for an Ordinance amending Municipal Code Sections 17.14, 17.56 and 17.68 to amend the restaurant and food store regulations
Reconsideration of Recommendations to the City Council 02-08-17 by L. A. Paterson on Scribd
2. DS 16-308 (Henderson)
Chuck Henderson
26336 Scenic Road (“Cabin on the Rocks”)
Block 18; Lot 1 and 2
APN: 009-423-001 and 002
Consideration of a Design Study (DS 16-308) and Coastal Development Permit for repair work to an existing historic residence located in the Single-Family Residential (R-1), Beach and Riparian Overlay and Archaeological Significance (AS) Overlay Zoning Districts
Wellington S. Henderson Jr. 02-08-17 by L. A. Paterson on Scribd
3. DS 16-239 (McLaughlin)
Brian Congleton, Architect
1st Ave., 2 SE of San Carlos
Block: 11; Lots: E ½ of 2 and 4
APN: 010-121-024
Consideration of a Final Design Study (DS 16-239) and associated Coastal Development Permit for alterations and an addition to an existing residence located in the Single-Family Residential (R-1) Zoning District
Thomas & Irene McLaughlin 02-08-17 by L. A. Paterson on Scribd
4. DS 16-436 (LB Homebuyers)
Krebs Design Group, Designer
SE corner of Lopez and 2nd Ave.
Blk: KK; Lot: 30
APN: 010-231-023
Consideration of Final Design Study (DS 16-436) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning and Archaeological Significance (AS) Overlay Zoning Districts
LB Homebuilders 02-08-17 by L. A. Paterson on Scribd
5. DS 16-177 (Kronenberger)
Claudio Ortiz Design Group
SE Corner of San Antonio & 11th
Blk: X; Lot: 2
APN: 010-279-016
Consideration of Final Design Study (DS 16-177) and associated Coastal Development Permit for the second story addition to an existing single-family residence located in the Single-Family Residential (R-1) Zoning District
M&C Kronenberger 02-08-17 by L. A. Paterson on Scribd
6. DS 16-472 (Wilson)
Claudio Ortiz Design Group
Mission, 2 NW of Vista Avenue
Block 4.5; Lot 15
APN: 010-115-016
Consideration of a Concept Design Study (DS 16-472) and associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning District.
Kenneth Wilson 02-08-17 by L. A. Paterson on Scribd
7. DS 16-466 (Cosentino)
Claudio Ortiz Design Group
Mission, 2 NW of Vista Avenue
Block 4.5; Lot 15
APN: 010-115-016
Consideration of a Concept Design Study (DS 16-466) and associated Coastal Development Permit for the construction of a new single-family residence located in the Single-Family Residential (R-1) Zoning and Archaeological Significance (AS) Overlay Zoning Districts.
Continue to
March 8, 2017
PLANNING COMMISSION REGULAR MEETING – MINUTES, January 11, 2017
PLANNING COMMISSION REGULAR MEETING – MINUTES, January 11, 2017
Monday, February 06, 2017
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) MEETING AGENDA & MINUTES, February 9, 2017
MPRWA Agenda Packet 02-09-17 by L. A. Paterson on Scribd
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 9, 2017
Mprwa Minutes 02-09-17 by L. A. Paterson on Scribd
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 9, 2017
Thursday, February 02, 2017
TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) AGENDA & MINUTES, February 6, 2017
TAC MPRWA Agenda Packet 02-06-17 by L. A. Paterson on Scribd
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 6, 2017
Tac Mprwa Minutes 02-06-17 by L. A. Paterson on Scribd
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 6, 2017
Two Noteworthy 6 February 2017 Special Meeting Agenda Items
ABSTRACT: Two Noteworthy 6 February 2017 Special Meeting Agenda Items, PUBLIC APPEARANCES and CLOSED SESSION, are featured. CITY COUNCIL AGENDA SPECIAL MEETING document copy is embedded.
SPECIAL MEETING
Monday, February 06, 2017
CLOSED SESSION 3:00 p.m.
CALL TO ORDER AND ROLL CALL
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.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator
2. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance, General Employees, Management, Police
3. REAL PROPERTY NEGOTIATIONS – LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc.
4. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA
Monterey Superior Court Case No. 16CV003820
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation, Plaintiff v. Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants, Santa Clara County Case No. 16CV296492
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior Court Case No. M123079
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: State Farm General Insurance Company, Plaintiff v. City of Carmel-by-the-Sea, and Does I through 10, Defendant - Monterey County Superior Court Case No. 16CV002381
5. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 1 case
SPECIAL MEETING
Monday, February 06, 2017
CLOSED SESSION 3:00 p.m.
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.
CLOSED SESSION
1. PUBLIC EMPLOYEE PERFORMANCE REVIEW
Government Code Section 54957
Title: City Administrator
2. LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.6(a)
Agency Designated Representatives: Zutler
Employee Organization: Ambulance, General Employees, Management, Police
3. REAL PROPERTY NEGOTIATIONS – LEASE
Pursuant to Government Code Section 54956.8
Between Chip Rerig, Carrie Theis, and Carolyn Hardy and Sunset Cultural Center, Inc.
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA
Monterey Superior Court Case No. 16CV003820
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: City of Carmel-by-the-Sea, California, a municipal corporation, Plaintiff v. Pacific Harvest Seafoods, Inc. and Does 1 through 20, Defendants, Santa Clara County Case No. 16CV296492
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior Court Case No. M123079
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: Gerit Sand; Cobblestone Bakery, a sole proprietorship, Plaintiff v. City of Carmel- by-the-Sea, Defendant - Monterey County Superior Court Case No. M130393
Pursuant to Government Code Section 54956.9(D)(1)
Name of Case: State Farm General Insurance Company, Plaintiff v. City of Carmel-by-the-Sea, and Does I through 10, Defendant - Monterey County Superior Court Case No. 16CV002381
Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 1 case
Six Noteworthy 7 February 2017 Regular Meeting Agenda Items
ABSTRACT: Six Noteworthy 7 February 2017 Regular Meeting Agenda Items, namely PUBLIC APPEARANCES, ANNOUNCEMENTS, Monthly Reports for December 2016, Award a Construction Agreement to Monterey Peninsula Engineering, a Partnership, for the Sunset Center Guard Rail Project in a Total Amount Not to Exceed $50,000 and authorize a budget adjustment of $18,450, Consideration of an Ordinance (Second Reading) amending Municipal Code sections 17.14 and 17.68 to: 1) Require a conditional use permit for certain land uses, 2) Add new land use definitions, 3) Add use permit voting requirements, and 4) Add an allowance for authorization of temporary uses on private property and Consideration of an Ordinance (Second Reading) amending Title 5, Business Taxes, Licenses and Regulations, of the Municipal Code amending Chapter 5.04 (General Licensing Provisions), Chapter 5.16 (Bingo Games) and Chapter 5.28 (Filming), are featured. The CITY COUNCIL AGENDA REGULAR MEETING document copy and Staff Report document copies are embedded.
Agenda 02-07-17 by L. A. Paterson on Scribd
REGULAR MEETING
Tuesday, February 07, 2017
OPEN SESSION 4:30 p.m
CALL TO ORDER AND ROLL CALL
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 City Council Members
a. Report from Councilmember Hardy – League of California Cities New Mayors and Council Members Academy
Memo Travel Report - League of California Cities 02-07-17 by L. A. Paterson on Scribd
Agenda 02-07-17 by L. A. Paterson on Scribd
REGULAR MEETING
Tuesday, February 07, 2017
OPEN SESSION 4:30 p.m
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.
A. Announcements from Closed Session
B. Announcements from City Council Members
a. Report from Councilmember Hardy – League of California Cities New Mayors and Council Members Academy
Memo Travel Report - League of California Cities 02-07-17 by L. A. Paterson on Scribd
C. Announcements from City Administrator
D. Announcements from City Attorney
D. Announcements from City Attorney
CONSENT AGENDA Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.
3. Monthly Reports for December 2016.
Monthly Reports 02-07-17 by L. A. Paterson on Scribd
PUBLIC HEARINGS
7. SR 2017-018 Consideration of an Ordinance (Second Reading) amending Municipal Code sections 17.14 and 17.68 to: 1) Require a conditional use permit for certain land uses, 2) Add new land use definitions, 3) Add use permit voting requirements, and 4) Add an allowance for authorization of temporary uses on private property.
Ordinance (Second Reading) Amending Municipal Code Sections 17.14 & 17.68 02-07-17 by L. A. Paterson on Scribd
8. SR 2017-019 Consideration of an Ordinance (Second Reading) amending Title 5, Business Taxes, Licenses and Regulations, of the Municipal Code amending Chapter 5.04 (General Licensing Provisions), Chapter 5.16 (Bingo Games) and Chapter 5.28 (Filming).
Ordinance (Second Reading) Amending Title 5 02-07-17 by L. A. Paterson on Scribd
3. Monthly Reports for December 2016.
Monthly Reports 02-07-17 by L. A. Paterson on Scribd
Monthly Reports for December 2016.
4. SR 2017-015 Award a Construction Agreement to Monterey Peninsula Engineering, a Partnership, for the Sunset Center Guard Rail Project in a Total Amount Not to Exceed $50,000 and authorize a budget adjustment of $18,450.
Construction Agreement to Monterey Peninsula Engineering 02-07-17 by L. A. Paterson on Scribd
4. SR 2017-015 Award a Construction Agreement to Monterey Peninsula Engineering, a Partnership, for the Sunset Center Guard Rail Project in a Total Amount Not to Exceed $50,000 and authorize a budget adjustment of $18,450.
Construction Agreement to Monterey Peninsula Engineering 02-07-17 by L. A. Paterson on Scribd
Ordinance (Second Reading) Amending Municipal Code Sections 17.14 & 17.68 02-07-17 by L. A. Paterson on Scribd
8. SR 2017-019 Consideration of an Ordinance (Second Reading) amending Title 5, Business Taxes, Licenses and Regulations, of the Municipal Code amending Chapter 5.04 (General Licensing Provisions), Chapter 5.16 (Bingo Games) and Chapter 5.28 (Filming).
Ordinance (Second Reading) Amending Title 5 02-07-17 by L. A. Paterson on Scribd
CITY COUNCIL: Draft minutes for the Special Council Meeting December 5, 2016, Draft minutes for the Regular Council Meeting December 6, 2016, Draft minutes for the Special Council Meeting December 15, 2016, Draft minutes for the Special Council Meeting December 15, 2016, Draft minutes for the Regular Council Meeting January 3, 2017 & Draft minutes for the Special Council Meeting January 5, 2017
Draft minutes for the Special Council Meeting December 5, 2016
Draft minutes for the Regular Council Meeting December 6, 2016
Draft minutes for the Special Council Meeting December 15, 2016
Draft minutes for the Special Council Meeting December 15, 2016
Draft minutes for the Regular Council Meeting January 3, 2017
Draft minutes for the Special Council Meeting January 5, 2017
Draft minutes for the Regular Council Meeting December 6, 2016
Draft minutes for the Special Council Meeting December 15, 2016
Draft minutes for the Special Council Meeting December 15, 2016
Draft minutes for the Regular Council Meeting January 3, 2017
Draft minutes for the Special Council Meeting January 5, 2017
Wednesday, February 01, 2017
JUDGMENT IN A CRIMINAL CASE: UNITED STATES DISTRICT COURT Northern District of California, UNITED STATES OF AMERICA V. PACIFIC GAS AND ELECTRIC COMPANY (CASE NUMBER: 0971 3:14CR00175-001 THE)
ABSTRACT: The Honorable Thelton E. Henderson Senior U.S. District Judge, on January 26, 2017, issued a JUDMENT IN A CRIMINAL CASE and ORDER concerning a third-party monitor. THE DEFENDANT ORGANIZATION: was found guilty on count(s) 1, 2, 5, 6, 7, and 8 of the Superseding Indictment after a plea of not guilty. PROBATION The defendant organization is hereby sentenced to probation for a term of: Five (5) years. This term consists of five years on each of Counts 1, 2, 5, 6, 7, and 8, all counts to run concurrent.
SPECIAL CONDITIONS OF SUPERVISION
1. While on probation, PG&E shall not commit another Federal, State, or local crime.
2. PG&E shall comply with the separately entered order concerning a third-party monitor (see attached order on pages 6 through 18 of the judgment).
3. Within six months of the date of the judgment, PG&E shall develop and submit to the Court an effective compliance and ethics program consistent with § 8B2.1 of the Sentencing Guidelines. The submission shall include a schedule for implementation. PG&E shall revise the program and file updates with the Court whenever deemed appropriate by the third-party monitor.
4. Within 60 days of the date of the judgment, PG&E shall place one full-page advertisement in both the Wall Street Journal and San Francisco Chronicle publicizing the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses.
5. For three months beginning no later than 60 days after sentencing, and to the greatest extent possible replicating the same channels and air times that PG&E used before and/or during trial in this case in 2016, PG&E will air television commercials which publicize the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses. PG&E will air such commercials up to the cost of $3,000,000 less the cost of the print advertisements referred to in (4) above. The cost of advertising does not constitute a monetary penalty. PG&E estimates that this will result in approximately 12,500 commercials of approximately 60 seconds in duration across broadcast and cable outlets over the three-month period. PG&E will not include language regarding the conviction as part of the company's public service safety announcements, including what actions the public should take in the event of wires down, gas leaks or other emergencies, and which typically run on radio and digitally given time sensitivity, because such information could cause the public to fail to take the needed safety actions in a timely fashion.
6. PG&E shall submit to: (A) a reasonable number of regular or unannounced examinations of its books and records at appropriate business premises by the probation officer or experts engaged by the Court; and (B) interrogation of knowledgeable individuals within the organization. Compensation to and costs of any experts engaged by the Court shall be paid by the organization. The probation officer and any Court-engaged experts shall work with the third-party monitor to minimize duplication of efforts.
7. PG&E shall perform 10,000 hours of community service. At least 2,000 of these hours shall be performed by high-level personnel, as defined in the commentary to § 8A1.2 of the Sentencing Guidelines. PG&E shall provide the prospective community service workers’ names and titles to the probation officer to ensure compliance with this condition. The location and type of community service must be preapproved by the probation officer and to every extent possible be in the City of San Bruno. The intent of this condition is to require 10,000 hours of community service that PG&E would not otherwise have done, and the probation officer shall therefore consider as part of the approval process the extent to which the proposed projects can be tied to existing service initiatives by PG&E. The community service shall be geared toward giving back to communities affected by PG&E’s negligence, with special emphasis on the City of San Bruno, as directed by the probation officer.
8. PG&E shall notify the probation officer and monitor immediately upon learning of (A) any material adverse change in its business or financial condition or prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by governmental authorities regarding the organization.
9. PG&E shall pay the fine and special assessment in a lump sum within 60 days of the date of this judgment. Any fines and special assessment payment is not to be passed off to the ratepayers.
CRIMINAL MONETARY PENALTIES
Assessment $2,400.00
Fine $3,000,000.00
TOTAL $3,002,400.00
Northern District of California
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA V. PACIFIC GAS AND ELECTRIC COMPANY
CASE NUMBER: 0971 3:14CR00175-001 THE
REFERENCE:
PG&E ordered to advertise its guilt for pipeline safety violations
By Bob Egelko, San Francisco Chronicle
Updated 3:32 pm, Thursday, January 26, 2017
SPECIAL CONDITIONS OF SUPERVISION
1. While on probation, PG&E shall not commit another Federal, State, or local crime.
2. PG&E shall comply with the separately entered order concerning a third-party monitor (see attached order on pages 6 through 18 of the judgment).
3. Within six months of the date of the judgment, PG&E shall develop and submit to the Court an effective compliance and ethics program consistent with § 8B2.1 of the Sentencing Guidelines. The submission shall include a schedule for implementation. PG&E shall revise the program and file updates with the Court whenever deemed appropriate by the third-party monitor.
4. Within 60 days of the date of the judgment, PG&E shall place one full-page advertisement in both the Wall Street Journal and San Francisco Chronicle publicizing the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses.
5. For three months beginning no later than 60 days after sentencing, and to the greatest extent possible replicating the same channels and air times that PG&E used before and/or during trial in this case in 2016, PG&E will air television commercials which publicize the nature of the offenses committed, the convictions, the nature of the punishment imposed, and the steps that will be taken to prevent the recurrence of similar offenses. PG&E will air such commercials up to the cost of $3,000,000 less the cost of the print advertisements referred to in (4) above. The cost of advertising does not constitute a monetary penalty. PG&E estimates that this will result in approximately 12,500 commercials of approximately 60 seconds in duration across broadcast and cable outlets over the three-month period. PG&E will not include language regarding the conviction as part of the company's public service safety announcements, including what actions the public should take in the event of wires down, gas leaks or other emergencies, and which typically run on radio and digitally given time sensitivity, because such information could cause the public to fail to take the needed safety actions in a timely fashion.
6. PG&E shall submit to: (A) a reasonable number of regular or unannounced examinations of its books and records at appropriate business premises by the probation officer or experts engaged by the Court; and (B) interrogation of knowledgeable individuals within the organization. Compensation to and costs of any experts engaged by the Court shall be paid by the organization. The probation officer and any Court-engaged experts shall work with the third-party monitor to minimize duplication of efforts.
7. PG&E shall perform 10,000 hours of community service. At least 2,000 of these hours shall be performed by high-level personnel, as defined in the commentary to § 8A1.2 of the Sentencing Guidelines. PG&E shall provide the prospective community service workers’ names and titles to the probation officer to ensure compliance with this condition. The location and type of community service must be preapproved by the probation officer and to every extent possible be in the City of San Bruno. The intent of this condition is to require 10,000 hours of community service that PG&E would not otherwise have done, and the probation officer shall therefore consider as part of the approval process the extent to which the proposed projects can be tied to existing service initiatives by PG&E. The community service shall be geared toward giving back to communities affected by PG&E’s negligence, with special emphasis on the City of San Bruno, as directed by the probation officer.
8. PG&E shall notify the probation officer and monitor immediately upon learning of (A) any material adverse change in its business or financial condition or prospects, or (B) the commencement of any bankruptcy proceeding, major civil litigation, criminal prosecution, or administrative proceeding against the organization, or any investigation or formal inquiry by governmental authorities regarding the organization.
9. PG&E shall pay the fine and special assessment in a lump sum within 60 days of the date of this judgment. Any fines and special assessment payment is not to be passed off to the ratepayers.
CRIMINAL MONETARY PENALTIES
Assessment $2,400.00
Fine $3,000,000.00
TOTAL $3,002,400.00
Northern District of California
JUDGMENT IN A CRIMINAL CASE
UNITED STATES OF AMERICA V. PACIFIC GAS AND ELECTRIC COMPANY
CASE NUMBER: 0971 3:14CR00175-001 THE
REFERENCE:
PG&E ordered to advertise its guilt for pipeline safety violations
By Bob Egelko, San Francisco Chronicle
Updated 3:32 pm, Thursday, January 26, 2017
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