CITY COUNCIL SPECIAL MEETING - CLOSED SESSION, March 2, 2018

Agenda 03-02-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - CLOSED SESSION
Friday, March 2, 2018
OPEN SESSION 10:00 AM

Three Noteworthy City Council Special Meeting – Workshop Agenda Items, March 5, 2018

ABSTRACT: Three Noteworthy City Council Special Meeting – Workshop Agenda Items, March 5, 2018 are featured namely CLOSED SESSION, PUBLIC APPEARANCES and EXTRAORDINARY BUSINESS including Monterey-Salinas Transit Presentation, Monterey County Convention & Visitors Bureau Presentation, Monterey Bay Community Power Presentation and Pacific Gas & Electric Presentation,New Gas Line Project. The CITY COUNCIL AGENDA CITY COUNCIL SPECIAL MEETING – WORKSHOP and Staff Reports document copies are embedded.

Agenda 03-05-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - WORKSHOP
Monday, March 5, 2018
CLOSED SESSION 4:00 P.M.
OPEN SESSION 5:30 PM

CALL TO ORDER AND ROLL CALL

CLOSED SESSION

A. 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

B. 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

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Alfred Johnson v. City of Carmel and Does 1 through Doe 20, inclusive, Respondents/Defendants: Monterey County Superior Court Case No.17CV003800

D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Yolanda Macias v. City of Carmel-by-the-Sea, California, and Does 1 through Doe 25, inclusive, Respondents/Defendants Monterey County Superior Court Case No.17CV003685

E. 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

F. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

LITIGATION (Facts and Circumstances)

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 2 cases

G. FAIR POLITICAL PRACTICES RULING OF FEBRUARY 16, 2018.

OPEN STUDY SESSION 5:30 PM

PLEDGE OF ALLEGIANCE

ANNOUNCEMENTS

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.

EXTRAORDINARY BUSINESS

A. Monterey-Salinas Transit Presentation

B. Monterey County Convention & Visitors Bureau Presentation

C. Monterey Bay Community Power Presentation

D. Pacific Gas & Electric Presentation, New Gas Line Project
Pacific Gas & Electric Presentation,New Gas Line Project 03-05-18.pdf by L. A. Paterson on Scribd

Pacific Gas & Electric Presentation, New Gas Line Project

FUTURE AGENDA ITEMS

ADJOURNMENT

OPPOSITION TO MOTION TO DISMISS AMENDED COMPLAINT, 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 February 20, 2018, Steven J. Andre, Attorney for Plaintiff, STACY LININGER, submitted OPPOSITION TO MOTION TO DISMISS AMENDED COMPLAINT, STACY LININGER, Plaintiff, v. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants, Case No. 5:17-CV-03385-SVK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. CONCLUSION Defendant FLIPPO's motion to dismiss should be denied. The OPPOSITION TO MOTION TO DISMISS AMENDED COMPLAINT document copy is embedded.
NOTE: Tuesday, Mar 20 2018
- CRIMINAL DUTY. ALL CRIMINAL DUTY MATTERS WILL BE HEARD AT 1:30 PM IN COURTROOM 6, 4TH FLOOR
10:00AM
5:17-cv-03385-SVK - Lininger v. Pfleger et al
Motion to Dismiss Amended Complaint
SOURCE: Calendar for: Magistrate Judge Susan van Keulen
Courtroom 6, 4th Floor
Courtroom Deputy: Oscar Rivera
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

STACY LININGER, Plaintiff, vs. RONALD PFLEGER, CITY OF CARMEL, DEAN FLIPPO, District Attorney of Monterey County California, and DOES 1-50, Defendants.

CASE NO. 5:17-cv-03385-SVK

OPPOSITION TO MOTION TO DISMISS AMENDED COMPLAINT

CITY OF CARMEL-BY-THE-SEA PUBLIC RECORDS ACT (PRA) LOG DECEMBER 2017, PRA 2017-152 through PRA 2017-160

ABSTRACT: For the month of December 2017, the City Clerk’s Office received nine California Public Records Act requests, specifically PRA 2017-152 through PRA 2017-160, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report February 2018 to Honorable Mayor and City Council Members, SUBMITTED BY Thomas A. Graves, City Clerk and APPROVED BY Chip Rerig, City Administrator. Information for each PRA request, including REQUEST NUMBER, REQUEST DATE, COMPLETED DATE, REQUESTOR and INFORMATION REQUESTED and City Response document copies are embedded.

PRA LOG

DECEMBER 2017

PRA 2017-152 through PRA 2017-160

REQUEST NUMBER 2017-152

REQUEST DATE 12/18/2017

COMPLETED DATE 12/27/2017

REQUESTOR Paterson

INFORMATION REQUESTED RE: Finance Manager Recruitment & Hiring of Robin Scattini - Materials related to the recruitment and hiring of the new finance manager, including but not limited to, application of all applicants, resumes, qualifications, and employment agreement with Robin Scattini.

PRA 2017-152 City Response

REQUEST NUMBER 2017-153

REQUEST DATE 12/27/2017

COMPLETED DATE 12/27/2017

REQUESTOR Partner Engineering & Science, inc

INFORMATION REQUESTED Records pertaining to 9550 Carmel Valley Road

NOTES Location not within City's jurisdiction

PRA 2017-153 City Response

REQUEST NUMBER 2017-154

REQUEST DATE 12/27/2017

COMPLETED DATE 12/27/2017

REQUESTOR Paterson

INFORMATION REQUESTED E-copy of Exhibit B-Under Separate Cover - Carmel Fire Ambulance Association Memorandum of Understanding

PRA 2017-154 City Response

REQUEST NUMBER 2017-155

REQUEST DATE 12/27/2017

COMPLETED DATE 1/8/2018

REQUESTOR Paterson

INFORMATION REQUESTED E-copy of Fair Labor Standards Act (FLSA) Audit conducted mid-late 2016

There are no records responsive to this request.  The records are not disclosable per Government Code Section 6254 (k); Attorney-Client Privilege and Attorney Work Product.

PRA 2017-155 City Response

REQUEST NUMBER 2017-156

REQUEST DATE  12/22/2017

COMPLETED DATE 12/27/2017

REQUESTOR Sara Rubin

INFORMATION REQUESTED Formal complaint(s) of sexual harassment filed with Carmel city officials in 2017. Any correspondence related to sexual harassment investigations and/or complaints, including emails to staff advising them of an ongoing inquiry and/or scheduling interviews in the course of an inquiry.

PRA 2017-156 City Response

REQUEST NUMBER 2017-157

REQUEST DATE 12/26/2017

COMPLETED DATE 12/28/2017

REQUESTOR Lawton Dodd

INFORMATION REQUESTED Complaints / allegations of sexual harassment and / or sexual assault or similar public wrongdoing against current Mayor Steve Dallas

Any complaints alleging sexual harassment and / or sexual assault or similar public wrongdoing made to the city by Ms. Kim Stemler

Any complaints or reports made by an employee of - or on behalf of - Affina Food and Wine Bistro in Carmel to the city’s police department alleging assault by Mayor Steve Dallas at Affina ( we believe this this complaint was filed in August, 2016).

Regarding each of the above items, any correspondence ( email and / or printed ) addressing these allegations / complaints between city employees and/ or staff and/or elected officials

PRA 2017-157 City Response

REQUEST NUMBER 2017-158

REQUEST DATE 12/26/2017

COMPLETED DATE 12/29/2017

REQUESTOR Sara Rubin

INFORMATION REQUESTED All claims filed against the city in the past two months (since Oct. 27)

EMBED

PRA 2017-158 City Response

REQUEST NUMBER 2017-159

REQUEST DATE 2/28/2017

COMPLETED DATE Completed 1/19/2018

REQUESTOR Sara Atkins

INFORMATION REQUESTED copy of the most current record, financial report and/or corresponding ledger available that accounts for un-cashed municipal issued checks and/or stale-dated warrants over $699 that were issued six (6) or more months from the date of this letter and remain uncashed by the payee as of your most recent bank statement.

Please only include items that can still be claimed by the payee and have not yet been escheated to the State as unclaimed property. It is requested that the information provided contain the payee name, check issue date, check number, amount and any additional information, if available.

PRA 2017-159 City Response

REQUEST NUMBER 2017-160

REQUEST DATE 12/28/2017

COMPLETED DATE 1/9/2018

REQUESTOR Sara Rubin

INFORMATION REQUESTED Any contract(s) with attorneys and/or investigators to investigate claims of sexual harassment at City Hall initiated in 2017.

PRA 2017-160 City Response

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING & CLOSED SESSION AGENDA & MINUTES, February 15, 2018

MPRWA Special Meeting Agenda Packet 02-15-18 by L. A. Paterson on Scribd

AGENDA PACKET, SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 15, 2018

MPRWA Special Closed Session Agenda 02-15-18 by L. A. Paterson on Scribd

AGENDA, SPECIAL CLOSED SESSION
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 15, 2018

MPRWA Minutes 02-15-18 by L. A. Paterson on Scribd

DRAFT MINUTES
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
February 15, 2018

Fink Trash Enclosure Encroachment: OPINION, WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents.

ABSTRACT: On February 6, 2018, upon a motion made by Councilmember Hardy, seconded by Mayor Steve Dallas, the City Council voted 3-1 to deny the permit for the trash enclosure adjacent to Cantinetta Luca in Piccadilly Park (AYES: COUNCILMEMEBERS: Dallas, Hardy, Theis, NOES: COUNCILMEMBER Richards, RECUSE COUNCILMEMBER Reimers). Previously, in a February 2, 2018 email, Jason Retterer, JRG Attorneys at Law, representing Cantinetta Luca owner David Fink, wrote to Glen R. Mozingo, City Attorney, “If the Council proceeds with the hearing, the City once again faces significant legal exposure based on the Woody Group's case discussed in the attached letter, particularly if Mayor Dallas does not recuse himself from hearing the application and/ or the application is denied.” The OPINION, WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents. G050155 (Super. Ct. No. 30-2013-00687091) document copy is embedded.

REFERENCE: Curtains rise on political theater as Carmel council denies permit for 12-year-old trash enclosure. Pam Marino Feb 8, 2018 MONTEREY COUNTY WEEKLY


JRG
February 2, 2018
Vja Email
Mr. Glen R. Mozingo
City Attorney
City of Carmel by the Sea
P.O. Box CC
Carmel-by-the-Sea, CA 93921
carmelcityatty@aol.com
RE: Fink Trash Enclosure Encroachment (EN 17-67)
File No.:3128.019

OPINION Super. Ct. No. 30-2013-00687091 01-29-2015 by L. A. Paterson on Scribd

Filed 1/29/15
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
WOODY’S GROUP, INC., et al. Plaintiffs and Appellants, v. CITY OF NEWPORT BEACH et al., Defendants and Respondents.
G050155
(Super. Ct. No. 30-2013-00687091)
O P I N I O N

PLANNING COMMISSION REGULAR MEETING AGENDA, February 14, 2018

ABSTRACT: The PLANNING COMMISSION REGULAR MEETING AGENDA and Planning commission Report document copies for February 14, 2018 are embedded. CONSENT AGENDA include Draft minutes from the January 10, 2018 Planning Commission Meeting, Consideration of a Final Design Study (DS 17-441) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District (Lasher, Holdren Lietzke Architecture, Architect, Camino Real, 3 NE of 13th Ave) and Consideration of a Final Design Study (DS 16-483) and associated Coastal Development Permit for demolition of an existing residence and construction of a new 2,300 square-foot residence with detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District (Purvis, Aengus Jeffers, Agent, 4 Oak Knoll Way). PUBLIC HEARINGS include Consideration of a Pilot Project to replace existing trash receptacles in and around Devendorf Park with new combined trash and recycling receptacles (Trash Receptacle Replacement, City of Carmel-by-the-Sea, Downtown and Devendorf Park), Annual update on the North Dunes restoration project and consideration of an amendment to the Coastal Development Permit (CDP 16-315) allowing for the removal of additional trees in the North Dunes. The Planning Commission will be making recommendations to the City Council (Carmel-by-the-Sea, North Dunes Carmel Beach, North of Ocean Ave/West of San Antonio), Consideration of a Final Design Study (DS 17-443) and associated Coastal Development Permit for ground-level and two-story additions to an existing single story residence located in the Single-Family Residential (R-1) Zoning District (Nelson, Erik Dyar, Architect, SW Corner of Camino Real & 13th Avenue), Consideration of Concept Design Study (DS 18-009) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District (Scattini, Claudio Ortiz, Designer, SW Cor. Of Guadalupe and 1st Ave., Consideration of combined Concept and Final Design Study (DS 17-429) and associated Coastal Development Permit for the remodel of an existing residence and addition of 864 square feet (Nai, Samuel Pitnick, Architect, SE corner of 10th and Torres Street), Consideration of Concept Design Study (DS 17-398), Variance (VA 18-021) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District (Quan, Justin Pauly, Architect, SW corner of 6th and Carpenter Street) and Consideration of a Use Permit (UP 18-029), Design Review (DR 18-028) and Sign (SI 18-030) application for the establishment of a fullline restaurant (Yeast of Eden) and associated exterior storefront alterations and signage for a commercial space located in the Carmel Plaza (Yeast of Eden, John Hill, Business Owner, Carmel Plaza).

PC AGENDA 02-14-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA

PLANNING COMMISSION

MEETING AGENDA

Regular Meeting

February 14, 2018

A. CALL TO ORDER AND ROLL CALL

Commissioners: Michael LePage, Chair

Julie Wendt

Gail Lehman

Stephanie Locke

B. TOUR OF INSPECTION

Shortly after 2:00 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. 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 January 10, 2018 Planning Commission Meeting

2. DS 17-441 (Lasher)

Holdren Lietzke Architecture, Architect

Camino Real, 3 NE of 13th Ave

Block: AA; Lot: 18

APN: 010-281-013

Consideration of a Final Design Study (DS 17-441) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Final Design Study (DS 17-441) and associated Coastal Development Permit for the demolition of an existing residence and construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

3. DS 16-483 (Purvis)

Aengus Jeffers, Agent

4 Oak Knoll Way

Block: 2, Lot(s): 2

APN: 009-201-016

Consideration of a Final Design Study (DS 16-483) and associated Coastal Development Permit for demolition of an existing residence and construction of a new 2,300 square-foot residence with detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Final Design Study (DS 16-483) and associated Coastal Development Permit for demolition of an existing residence and construction of a new 2,300 square-foot residence with detached garage in the front yard setback, located in the Single-Family Residential (R-1) Zoning District.

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. Trash Receptacle Replacement

City of Carmel-by-the-Sea

Downtown and Devendorf Park

Block: n/a; lot: n/a

APN: n/a

Consideration of a Pilot Project to replace existing trash receptacles in and around Devendorf Park with new combined trash and recycling receptacles.

Pilot Project Replace Existing Trash Receptacles Devendorf Park 02-14-18 by L. A. Paterson on Scribd

Consideration of a Pilot Project to replace existing trash receptacles in and around Devendorf Park with new combined trash and recycling receptacles.

2. CDP 16-315 (Carmel-by-the-Sea)

North Dunes Carmel Beach

North of Ocean Ave/West of San Antonio

Block: n/a; lot: n/a

APN: n/a

Annual update on the North Dunes restoration project and consideration of an amendment to the Coastal Development Permit (CDP 16-315) allowing for the removal of additional trees in the North Dunes. The Planning Commission will be making recommendations to the City Council.

Annual update on the North Dunes restoration project and consideration of an amendment to the Coastal Development Permit (CDP 16-315) allowing for the removal of additional trees in the North Dunes. The Planning Commission will be making recommendations to the City Council.

3. DS 17-443 (Nelson)

Erik Dyar, Architect

SW Corner of Camino Real & 13^th Avenue

Block: DD, Lot(s): 1 & 3

APN: 010-284-001

Consideration of a Final Design Study (DS 17-443) and associated Coastal Development Permit for ground-level and two-story additions to an existing single story residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Final Design Study (DS 17-443) and associated Coastal Development Permit for ground-level and two-story additions to an existing single story residence located in the Single-Family Residential (R-1) Zoning District.

4. DS 18-009 (Scattini)

Claudio Ortiz, Designer

SW Cor. Of Guadalupe and 1st Ave.

Block: 16; Lot: 1

APN: 010-026-001

Consideration of Concept Design Study (DS 18-009) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of Concept Design Study (DS 18-009) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

5. DS 17-429 (Nai)

Samuel Pitnick, Architect

SE corner of 10th and Torres Street

Block: 120; Lot: 1

APN: 010-331-001

Consideration of combined Concept and Final Design Study (DS 17-429) and associated Coastal

Development Permit for the remodel of an existing residence and addition of 864 square feet. The project site is located in the Single-Family Residential (R-1) Zoning District.

Consideration of combined Concept and Final Design Study (DS 17-429) and associated Coastal Development Permit for the remodel of an existing residence and addition of 864 square feet. The project site is located in the Single-Family Residential (R-1) Zoning District.

6. DS 17-398/VA 18-021 (Quan)

Justin Pauly, Architect

SW corner of 6th and Carpenter Street

Block: 64; Lot: 1

APN: 010-033-005

Consideration of Concept Design Study (DS 17-398), Variance (VA 18-021) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of Concept Design Study (DS 17-398), Variance (VA 18-021) and associated Coastal Development Permit for demolition of an existing residence, construction of a new 1,800 square-foot two-story residence located in the Single-Family Residential (R-1) Zoning District.

7. UP 18-029/DR 18-028/SI 18-030 (Yeast of Eden)

John Hill, Business Owner

Carmel Plaza

Block: 78; Lots: All

APN: 010-086-006

Consideration of a Use Permit (UP 18-029), Design Review (DR 18-028) and Sign (SI 18-030) application for the establishment of a fullline restaurant (Yeast of Eden) and associated exterior storefront alterations and signage for a commercial space located in the Carmel Plaza.

Consideration of a Use Permit (UP 18-029), Design Review (DR 18-028) and Sign (SI 18-030) application for the establishment of a fullline restaurant (Yeast of Eden) and associated exterior storefront alterations and signage for a commercial space located in the Carmel Plaza.

J. DIRECTOR’S REPORT

1. Update on Planning Activities

K. BOARD MEMBER ANNOUNCEMENTS

L. ADJOURNMENT

PLANNING COMMISSION REGULAR MEETING MINUTES, January 10, 2018

PC Minutes January 10, 2018 02-14-18 by L. A. Paterson on Scribd

PLANNING COMMISSION REGULAR MEETING MINUTES, January 10, 2018

Proceeding Number A.12-04-019 CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. Pursuant to Rule 13.9 of the Rules of Practice and Procedure of the California Public Utilities Commission (“Commission”), California-American Water Company respectfully requests the Commission take official notice of the January 2, 2018 correspondence from City of Salinas Mayor Joe Gunter to Mayor Bill Kampe, President of Monterey Peninsula Regional Water Authority (“MPRWA”).
Rule 13.9 states that "[o]fficial notice may be taken of such matters as may be judicially noticed by the courts of the State of California pursuant to Evidence Code section 450 et seq." Judicial notice of an official act of a city is proper pursuant to Evidence Code section 452(c).1 Here, the January 2, 2018 correspondence issued from the Office of the Mayor of Salinas to Mayor Bill Kampe, President of MPWRA, and provided official notice to MPWRA and others that “it is quite likely there will be no water whatsoever available to augment the 3,5000-acre-feet of recycled water that the Pure Water Monterey project has committed to deliver to the Monterey Peninsula.” The January 2, 2018 correspondence is, therefore, an official act of the City of Salinas and is the proper subject of judicial notice pursuant to Evidence Code section 452(c).

Cal-Am's Request for Official Notice 01-09-18 by L. A. Paterson on Scribd

FILED 01/09/18
CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 RESPONSE OF MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 RESPONSE OF MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. The Monterey Peninsula Water Management District (MPWMD) files its Response in opposition to California-American Water Company’s (Cal-Am) Request for Official Notice filed January 9, 2018, pursuant to Rule 13.9 of the Rules of Practice and Procedure of the California Public Utilities Commission (Commission).

Response of Mpwmd 01-17-18 by L. A. Paterson on Scribd

FILED 01/17/18
RESPONSE OF MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 RESPONSE OF CITY OF MARINA IN OPPOSITION TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 Proceeding Number A.12-04-019 RESPONSE OF CITY OF MARINA IN OPPOSITION TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. The City of Marina (“City” or “Marina”) respectfully submits this Response in opposition to California-American Water Company’s (“CalAm’s”) Request for Official Notice filed in this Application on January 9, 2018. This Response is timely filed pursuant to Rule 11.1(e) of the Commission’s Rules of Practice and Procedure. CONCLUSION For the reasons detailed above and in MPWMD’s January 17 Response, the Commission should immediately deny CalAm’s Request for Official Notice filed on January 9, 2018.

   Response of City of Marina in Opposition to Cal-Am 01-19-18 by L. A. Paterson on Scribd

FILED 01/19/18
RESPONSE OF CITY OF MARINA IN OPPOSITION TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 RESPONSE OF MARINA COAST WATER DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 RESPONSE OF MARINA COAST WATER DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. Pursuant to Commission Rules of Practice and Procedure 11.1 and 13.9, Marina Coast Water District (“MCWD”) provides its response in opposition to the January 9, 2018 request of California-American Water Company (“Cal-Am”) that the Commission take official notice of a January 2, 2018 letter from Salinas Mayor Joe Gunter, addressed to Monterey Peninsula Regional Water Authority President, and Pacific Grove Mayor, Bill Kampe. For the reasons stated in the January 17, 2018 response of the Monterey Peninsula Water Management District and the January 19, 2018 response of the City of Marina, i.e., Cal-Am provides no support for its contention that Mayor Gunter’s letter constitutes an official act properly subject to judicial notice under Rule 13.9 and Evidence Code section 452, and the statements in the letter constitute hearsay, MCWD agrees that official notice is not proper.

Response of Mcwd to Cal-Am 01-19-18 by L. A. Paterson on Scribd

FILED 01/9/18
RESPONSE OF MARINA COAST WATER DISTRICT TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 RESPONSE OF MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

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 RESPONSE OF MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE document copy is embedded. Pursuant to Rule 11.1(e) of the Commission’s Rules of Practice and Procedure, the Monterey Regional Water Pollution Control Agency (MRWPCA)1 hereby submits its response opposing California-American Water Company’s (Cal-Am’s) Request for Official Notice, filed January 9, 2018.2 MRWPCA also supports the Responses previously filed by Monterey Peninsula Water Management District on January 17, 2018 and the City of Marina on January 19, 2018.

INTRODUCTION AND SUMMARY
Cal-Am’s request for official notice of a letter from Joe Gunter (Mayor of the City of Salinas) is improper. A letter from a city’s mayor expressing his unsupported opinion is not an “official act” under Section 452(c) of the California Evidence Code. Even if it were, official notice cannot be used for the truth of the matter asserted. At most, the Commission could recognize only the existence of the letter, yet Cal-Am improperly attempts to use the letter as evidence of its contents. Mayor Gunter did not participate in the evidentiary hearings in this proceeding; the opinion expressed in his letter has not been subject to cross-examination and does not cite to any support. For all of these reasons, MRWPCA respectfully requests that the Commission deny Cal-Am’s request for official notice.

CONCLUSION

For the reasons stated above, the Commission should deny Cal-Am’s request for official notice.

Response of Mrwpca to Cal-Am 01-24-18 by L. A. Paterson on Scribd

FILED 01/24/18
RESPONSE OF MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY TO CALIFORNIA-AMERICAN WATER COMPANY’S REQUEST FOR OFFICIAL NOTICE

Proceeding Number A.12-04-019 E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 REQUEST FOR OFFICIAL NOTICE

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 E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 REQUEST FOR OFFICIAL NOTICE document copy is embedded. On January 23, 2018, California American Water Company (Cal-Am) requested permission to file a reply in support of Cal-Am's January 9, 2018 request for official notice. The request to file a reply is granted. Since this response was delayed until today (due to a delay in the filing of the original request), the date for the reply will be extended by 5 days. As a result, the reply is due by Friday, February 9, 2018. The reply must state in the opening paragraph that it was authorized by email on February 1, 2018.
IT IS SO RULED

E-mail Ruling Granting Cal-Am Request to Reply 02-01-18 by L. A. Paterson on Scribd

FILED 02/01/18
E-MAIL RULING GRANTING CALIFORNIA AMERICAN WATER COMPANY'S REQUEST TO REPLY IN SUPPORT OF ITS JANUARY 9, 2018 REQUEST FOR OFFICIAL NOTICE