The Wayback Machine - https://web.archive.org/web/20180516101404/http://villageinforest.blogspot.com:80/2018/

Sunday, May 06, 2018

ORDER DENYING LEAVE TO FILE PLAINTIFF’S MOTION FOR RECONSIDERATION, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ABSTRACT: On April 26, 2018, SUSAN VAN KEULEN, United States Magistrate Judge, issued ORDER DENYING LEAVE TO FILE PLAINTIFF’S MOTION FOR RECONSIDERATION, STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants, Case No. 5:17-CV-03385-SVK, UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA. Excerpts include: Before the Court is Plaintiff Stacy Lininger’s request for leave to file a motion for reconsideration of this Court’s April 4, 2018 Order Granting Defendant Flippo’s Motion to Dismiss Without Leave to Amend (the “Order”). ECF 49. For the reasons discussed below, the Plaintiff’s request is denied. DISCUSSION Plaintiff filed a motion for reconsideration without first seeking leave as required by the local rules. The Court will treat her motion as a request for leave to file her motion for reconsideration based on the arguments made therein. Civil L. R. 7–9(a)-(b).
Preliminarily, the Court notes that the collection of facts surrounding Plaintiff’s 2014 prosecution was not “the critical factor” upon which the Order depends as Plaintiff argues. ECF 49-1 at 2. While the fact that Plaintiff pled nolo contendere to her 2014 prosecution is significant in the analysis of whether her 2014 prosecution can support standing for the injunction she seeks, this was but one factor among many that led to the Court’s conclusion that Plaintiff had not pled facts sufficient to support standing. See generally ECF 47.
Nevertheless, Plaintiff has failed to make the required showing under Local Rule 7–9(b) to obtain leave to file her motion for reconsideration. She has not pointed to a “material difference in fact or law” that exists from that which was presented to the Court before entry of the Court’s April 4, 2018 Order. She has not pointed to “the emergence of new material facts or a change of law occurring after the time of” the Court’s Order, nor has she shown a “manifest failure by the Court to consider material facts or dispositive legal arguments which were presented to the Court” before the Court’s Order. See ECF 46; ECF 47 at 11-12.
Plaintiff added the 2014 prosecution allegations when she amended her complaint. ECF 39 at ¶¶ 4-7. These allegations then formed the basis for Plaintiff’s argument in opposition to Flippo’s motion to dismiss that she has standing to seek injunctive relief in light of Flippo “repeatedly” violating Plaintiff’s constitutional rights. ECF 43 at 17, 20. The Court addressed this argument both at the hearing and in its Order, concluding that the 2014 prosecution could not support her argument of “repeated” constitutional violations in light of her nolo contendere plea. ECF 46; ECF 47 at 11-12. There are no new facts or law to be considered, only Plaintiff’s repetitive, and ultimately unpersuasive, argument that the 2014 prosecution supports her standing to seek injunctive relief against Defendant Flippo.
Plaintiff’s arguments regarding the Court’s judicial notice of state court documents similarly fail to present a ground to support leave to file a motion for reconsideration. Plaintiff opposed taking judicial notice of the state court documents at length in her opposition to Defendant Flippo’s motion to dismiss. ECF at 6-11. The Court took judicial notice of the documents, but did not independently analyze the facts contained in those documents as Plaintiff argues. The Court cited Plaintiff’s FAC for the fact that she pled nolo contendere to the 2014 charges, not the state court documents. See ECF 47 at 11 (citing ECF 39 at ¶¶ 4-7). The Court did not review the facts underlying the charges independently and determine her behavior was unlawful as Plaintiff suggests. Instead, the Court relied on applicable federal case law to support its conclusion that a nolo contendere plea is the functional equivalent of a guilty plea for the purposes of determining whether the outcome of the 2014 prosecution was favorable to Plaintiff, a required element in a malicious prosecution claim. See ECF 47 at 11-12. Plaintiff simply repeats arguments previously rejected by the Court in taking judicial notice; no new facts or law are presented to justify leave to file a motion for reconsideration.
CONCLUSION Plaintiff has failed to present any bases to support granting leave to file her motion for reconsideration. The arguments that she does present are merely an attempt to reargue issues already considered by the Court. As such, Plaintiff’s motion for leave to file her motion for reconsideration of the Court’s April 4, 2018 Order is denied.
The ORDER DENYING LEAVE TO FILE PLAINTIFF’S MOTION FOR RECONSIDERATION document copy is embedded.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
STACY LININGER, Plaintiff, v. RONALD PFLEGER, et al., Defendants,
CASE NO. 5:17-cv-03385-SVK
ORDER DENYING LEAVE TO FILE PLAINTIFF’S MOTION FOR RECONSIDERATION

PLANNING COMMISSION REGULAR MEETING AGENDA, May 9, 2018

ABSTRACT: The PLANNING COMMISSION REGULAR MEETING AGENDA, May 9, 201and Planning Commission Staff Reports document copies are embedded. TOUR OF INSPECTION, ANNOUNCEMENTS/EXTRAORDINARY BUSINESS, APPEARANCES, CONSENT AGENDA; PUBLIC HEARINGincluding Capital Improvement Plan Review Review of the FY 2018/19 Capital Improvement Plan (CIP) and determination of consistency with the City’s General Plan, Consideration of Design Review (DR 17-482), Use Permit (UP 18-144) and Coastal Development Permit applications for the construction of a new two-story mixed-use building with an underground garage located in the Service Commercial (SC) Zoning District (Leidig-Draper, Erik Dyar, Architect, W/S Dolores Between 5th and 6th Avenues), Consideration of Final Design Study (DS 17-174) and associated Coastal Development Permit for an addition to a historic residence located in the Single-Family Residential (R-1) Zoning District (Munro, Scott and Karen Munro, property owners, Carmelo Street, 2 NW of 7th Avenue), Consideration of a Combined Concept and Final Design Study (DS 17-335) and associated Coastal Development Permit for additions to an existing residence listed on the historic inventory and located in the Single-Family Residential (R-1) Zoning District, (Voris, Brian Congleton, Architect, Torres Street 5 NE of 6th Avenue), Consideration of a Combined Concept and Final Design Study (DS 18-091) and associated Coastal Development Permit for the construction of a onestory residence that replaces a residence that was destroyed by fire, and construction of a detached garage in the front-yard setback. The property is located in the Single-Family Residential (R-1) Zoning District (Atkinson, Darren Davis, Designer, San Carlos, 5 SW of 12th Avenue), Consideration of a Concept and Final Design Study (DS 18-098) and associated Coastal Development Permit for a 439-square-foot addition to an existing residence. The project site is located in the Single-Family Residential (R-1) Zoning District (Matlock, Krebs Design Group, LLC, Designer, 9th Avenue, 2 SW of Lincoln Street), Consideration of a Concept Design Study (DS 18-090) and associated Coastal Development Permit for the demolition of an existing one-story residence and construction of a new two-story residence located in the Single-Family Residential (R-1) Zoning District (Thomas, Adam Jeselnick, Architect, Camino Real 3 NE of Ocean Avenue) and Consideration of a Design Review (DR 18-077) for additions totaling 658 square feet and alterations to an existing courtyard located at Lincoln Lane in the Service Commercial (SC) Zoning District (Ipsen, Adam Jeselnick, Architect, E/S Lincoln Between 5th and 6th Avenues); DIRECTOR’S REPORT, Update on Planning Activities and BOARD MEMBER ANNOUNCEMENTS.

CITY OF CARMEL-BY-THE-SEA
PLANNING COMMISSION
MEETING AGENDA

Regular Meeting
May 9, 2018

A. CALL TO ORDER AND ROLL CALL

Commissioners: Michael LePage, Chair
Gail Lehman, Vice Chair
Julie Wendt
Stephanie Locke
Christopher Bolton

B. TOUR OF INSPECTION

Shortly after 1:45 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. 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.

G. 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 April 11, 2018 Planning Commission Meeting

2. Draft minutes from the April 24, 2018 Planning Commission Meeting



H. 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. Capital Improvement Plan Review Review of the FY 2018/19 Capital Improvement Plan (CIP) and determination of consistency with the City’s General Plan.

Capital Improvement Plan Review Review of the FY 2018/19 Capital Improvement Plan (CIP) and determination of consistency with the City’s General Plan.

2. DR 17-482/UP 18-144 (Leidig-Draper)
Erik Dyar, Architect
W/S Dolores Between 5th and 6th Avenues

Block: 55, Lot(s): 5 & 7
APN: 010-138-003
Consideration of Design Review (DR 17-482), Use Permit (UP 18-144) and Coastal Development Permit applications for the construction of a new two-story mixed-use building with an underground garage located in the Service Commercial (SC) Zoning District.

Consideration of Design Review (DR 17-482), Use Permit (UP 18-144) and Coastal Development Permit applications for the construction of a new two-story mixed-use building with an underground garage located in the Service Commercial (SC) Zoning District.


3. DS 17-174 (Munro)

Scott and Karen Munro, property owners

Carmelo Street, 2 NW of 7th Avenue

Block: S, Lot(s): 13 & 15

APN: 010-267-004

Consideration of Final Design Study (DS 17-174) and associated Coastal Development Permit for an addition to a historic residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of Final Design Study (DS 17-174) and associated Coastal Development Permit for an addition to a historic residence located in the Single-Family Residential (R-1) Zoning District.

4. DR 17-335 (Voris)
Brian Congleton, Architect
Torres Street 5 NE of 6th Avenue

Block: 60, Lot(s): 10 & N. ½ of 12
APN: 010-092-010
Consideration of a Combined Concept and Final Design Study (DS 17-335) and associated Coastal Development Permit for additions to an existing residence listed on the historic inventory and located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Combined Concept and Final Design Study (DS 17-335) and associated Coastal Development Permit for additions to an existing residence listed on the historic inventory and located in the Single-Family Residential (R-1) Zoning District.

5. DS 18-091 (Atkinson)
Darren Davis, Designer
San Carlos, 5 SW of 12th Avenue

Block: 137, Lot(s): 9
APN: 010-164-023
Consideration of a Combined Concept and Final Design Study (DS 18-091) and associated Coastal Development Permit for the construction of a onestory residence that replaces a residence that was destroyed by fire, and construction of a detached garage in the front-yard setback. The property is located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Combined Concept and Final Design Study (DS 18-091) and associated Coastal Development Permit for the construction of a onestory residence that replaces a residence that was destroyed by fire, and construction of a detached garage in the front-yard setback. The property is located in the Single-Family Residential (R-1) Zoning District.

6. DS 18-098 (Matlock)
Krebs Design Group, LLC, Designer
9th Avenue, 2 SW of Lincoln Street

Block: 113, Lot(s): 1 & 3
APN: 010-181-002
Consideration of a Concept and Final Design Study (DS 18-098) and associated Coastal Development Permit for a 439-square-foot addition to an existing residence. The project site is located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Concept and Final Design Study (DS 18-098) and associated Coastal Development Permit for a 439-square-foot addition to an existing residence. The project site is located in the Single-Family Residential (R-1) Zoning District.

7. DS 18-090 (Thomas)
Adam Jeselnick, Architect
Camino Real 3 NE of Ocean Avenue

Block: FF, Lot(s): 8 & 10
APN: 010-251-013
Consideration of a Concept Design Study (DS 18-090) and associated Coastal Development Permit for the demolition of an existing one-story residence and construction of a new two-story residence located in the Single-Family Residential (R-1) Zoning District.

Consideration of a Concept Design Study (DS 18-090) and associated Coastal Development Permit for the demolition of an existing one-story residence and construction of a new two-story residence located in the Single-Family Residential (R-1) Zoning District.

8. DR 18-077 (Ipsen)
Adam Jeselnick, Architect
E/S Lincoln Between 5th and 6th Avenues

Block: 55, Lot(s): 10 & 12
APN: 010-138-019
Consideration of a Design Review (DR 18-077) for additions totaling 658 square feet and alterations to an existing courtyard located at Lincoln Lane in the Service Commercial (SC) Zoning District.

Consideration of a Design Review (DR 18-077) for additions totaling 658 square feet and alterations to an existing courtyard located at Lincoln Lane in the Service Commercial (SC) Zoning District.


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


J. BOARD MEMBER ANNOUNCEMENTS

K. ADJOURNMENT

PLANNING COMMISSION REGULAR MEETING MINUTES, April 11, 2018 & SPECIAL MEETING MINUTES, April 24, 2018


PLANNING COMMISSION REGULAR MEETING MINUTES, April 11, 2018
PLANNING COMMISSION SPECIAL MEETING MINUTES, April 24, 2018

City Administrator Chip Rerig: FRIDAY LETTER, May 4, 2018

FRIDAY LETTER, May 4, 2018
Christina Woznuk - Shield Pinning
Carmel PD - Helping our Animal Friends
[Free] Marketing Workshop
Highway 1 Climbing Lane Project Community Meeting on May 8th
And Also - Motorists to See Increased Truck Traffic at Highway 1 Climbing Lane Project Starting May 7
Out with the Old and In with the New
Beach Stairs Repair Update
Weed Abatement
City-wide Paving Project Update
Curb Ramps South Ocean Avenue
[New] Beach Signs Vandalized
Spring Cleanup for Fire Safety
Happening at Sunset Center and Forest Theater

Wednesday, May 02, 2018

Friday, April 27, 2018

California Coastal Commission: Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea), May 10, 2018

ABSTRACT: RE: Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea), California Coastal Commission, Draft Meeting Agenda, May 2018, Central Coast District, 13 New Appeals b.Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea) Appeal by Maria Sutherland of City of Carmel-by-the-Sea decision amending permit to implement the North Dunes Restoration Plan to allow for additional tree removal in dunes located adjacent to Ocean and San Antonio Avenues fronting Carmel Beach in Carmel-by-the-Sea, Monterey County. (MW-SC) Submit Comment

On the May 10, 2018, the California Coastal Commission will consider Appeal No. A-3-CML-18-0016 (North Dunes Restoration Plan, Carmel-by-the-Sea). APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY, A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING EXHIBITS and A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING CORRESPONDENCE document copies are embedded.
APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY
Appeal Number: A-3-CML-18-0016
Applicant: City of Carmel-by-the-Sea
Appellant: Maria Sutherland
Local Government: City of Carmel-by-the-Sea
Local Decision: Coastal development permit (CDP) amendment application number 16-315 approved by the Carmel-by-the-Sea City Council on March 6, 2018.
Location: North Dunes area of Carmel Beach (APN 010-321-007) in the City of Carmel-by-the-Sea, Monterey County.
Project Description: Amendment to existing CDP to authorize additional dune habitat restoration activities in the Carmel Beach North Dunes, including removal of 31 trees (including 17 mature Monterey cypress trees, four mature Monterey pine trees, and 10 trees with a diameter of less than eight inches) and the planting of three Monterey cypress trees along the Ocean Avenue frontage to provide for tree succession in that area.
Staff Recommendation: No Substantial Issue
SUMMARY OF STAFF RECOMMENDATION
The City of Carmel-by-the-Sea approved a coastal development permit amendment (CDP) to remove up to 31 trees within the Carmel Beach North Dunes restoration area. The five-acre North Dunes project site is located on the north and west edge of the City just inland from Carmel Beach and is the largest and most diverse dune habitat remaining in the City. The amendment includes removal of 17 mature Monterey cypress trees and four mature Monterey pine trees together with an additional 10 smaller trees to provide for restoration activities within the sand dunes. Three Monterey cypress trees would be planted in the dunes along the Ocean Avenue parking lot to provide for tree succession in that area. The amendment also provides for timing of the tree removal to avoid bird nesting season.
The Appellant contends that the approved project is inconsistent with both the Carmel-by-the Sea Local Coastal Program (LCP) and the North Dunes and Del Mar Dunes Habitat Restoration Plan (Restoration Plan) policies related to the identification, evaluation, maintenance, and replacement of forest resources within the North Dunes habitat area. After reviewing the local record, Commission staff has concluded that the approved project does not raise a substantial issue with respect to the project’s conformance with the Carmel-by-the-Sea LCP.
In terms of the Appellant’s contentions, the tree removal is intended to enhance habitat values for native dune plant and animal species, and is consistent with the LCP’s environmentally sensitive habitat protection policies and is envisioned in the dune restoration policies that are specific to this particular site. Cypress and Monterey pine trees impede the growth of native dune plants and their duff degrades the delicate soil chemistry upon which native dune species depend. The tree removal will occur mostly within the interior of the North Dunes, an area that provides the greatest opportunity for re-establishment of sensitive dune species and restoration of dune habitat values, and ensures that the remaining tree density is brought closer in line with LCP requirements. Further, the CDP amendment includes planting of three Monterey cypress trees along the Ocean Avenue parking lot to provide for tree succession in that area as called for in the LCP and as necessary to maintain the scenic Carmel Beach / shoreline aesthetic. To the extent that the Appellant is arguing that the amendment does not include additional specific maintenance and tree replacement measures, such arguments are unwarranted including because the authorization to carry out those tasks has been granted via the base CDP for the North Dunes restoration activities and the CDP amendment does not alter any of those measures.
As a result, and as recommended by the Commission’s Staff Ecologist, who has reviewed the local record and concurred that the City’s CDP action will serve as a needed and beneficial project to restore important dune habitat, staff recommends that the Commission determine that the appeal contentions do not raise a substantial LCP conformance issue, and that the Commission decline to take jurisdiction over the CDP for this project. The single motion necessary to implement this recommendation is found on page 4 below.

APPEAL STAFF REPORT: SUBSTANTIAL ISSUE DETERMINATION ONLY

A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING EXHIBITS

A-3-CML-18-0016 (NORTH DUNES RESTORATION) MAY 10, 2018 HEARING CORRESPONDENCE

REFERENCE: California Coastal Commission
Draft Meeting Agenda
May 2018

CITY COUNCIL SPECIAL MEETING AGENDA - WORKSHOP, April 30, 2018

Agenda 04-30-18 by L. A. Paterson on Scribd
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
CITY COUNCIL SPECIAL MEETING - WORKSHOP
Monday, April 30, 2018
Sunset Center Bingham Room
OPEN SESSION 8:00 AM

Fourteen Noteworthy City Council Regular Meeting Agenda Items, May 1, 2018

ABSTRACT: Fourteen Noteworthy City Council Regular Meeting Agenda Items, May 1, 2018, including TOUR OF INSPECTION, CLOSED SESSION, PUBLIC APPEARANCES, ANNOUNCEMENTS, EXTRAORDINARY BUSINESS, PUBLIC APPEARANCES, ANNOUNCEMENTS; CONSENT AGENDA including Monthly Reports for March, Rejecting a Bid Protest, Awarding a Contract to Remedial Transportation Services, for a Not-to-Exceed Amount, Including 10% Contingency, of $218,270, and Authorizing a Supplemental Appropriation of $118,270 to the Fiscal Year 2017/18 Adopted Budget for Decommissioning the Fuel Station at the Public Works Yard, Authorizing the City Administrator to Execute Professional Services Agreements with Denise Duffy & Associates, Dudek, and LSA Associates for On-Call Environmental Services Each with a Not-to-Exceed Fee of $100,000 and Two-Year Terms Ending June 30, 2020 and Adopting the Master Fee Schedule for July 1, 2018 to June 30, 2019; ORDERS OF BUSINESS including Receive the Fiscal Year 2018-2019 Proposed Capital Improvement Plan (CIP) and refer the CIP to the Planning Commission for review for General Plan consistency, Awarding a Contract to Anderson Pacific Engineering Construction, Inc. for Construction of the 5th Avenue, Torres to Carpenter Streets, Storm Drainage Improvement Project in a Not-to-Exceed Amount, including 10% contingency, of $1,396,225 for the Base Bid plus Bid Additives 1 and 2, and Authorizing a Supplemental Appropriation of $1,120,225 to the Fiscal Year 2017/18 Adopted Budget, Consider Continuing, Modifying, or Eliminating Home Mail Delivery Service Provided by the City, Consideration of an Encroachment Permit (EN 17-67) application for a reduced space within an located restaurant trash enclosure located in a portion of the City-owned Piccadilly Park; and PUBLIC HEARINGS including Consideration of an appeal of the Planning Commission’s decision to approve Design Study (DS 18-009) and Coastal Development Permit applications for the construction of a new single-family residence on a vacant lot located in the Single-Family Residential (R-1) Zoning District. The CITY COUNCIL AGENDA REGULAR MEETING Tuesday, May 1, 2018 and Staff Reports document copies are embedded.

Agenda 05-01-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA 
CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, May 1, 2018

TOUR 3:00 p.m.

CALL TO ORDER AND ROLL CALL

TOUR OF INSPECTION

A. Southwest Corner of Guadalupe and First Avenue, APN: 010-026-001. Spiegelman appeal

CLOSED SESSION 3:45 p.m.

OPEN SESSION 4:30 PM

CLOSED SESSION

A. 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): 1 case

OPEN SESSION

EXTRAORDINARY BUSINESS

A. Presentation of Plaque to Don Goodhue, former Planning Commission Chair

B. Presentation – Water Update from Jim Cullem, Executive Director, Monterey Peninsula Regional Water Authority
C. Presentation by Monterey County Registrar of Voters Claudio Valenzuela and Assistant Registrar of Voters Gina Martinez - 2018 Voting Changes
D. Proclamation Recognizing May 6-12, 2018 as Municipal Clerks Week.

Proclamation Recognizing May 6-12, 2018 as Municipal Clerks Week.
E. Proclamation Recognizing May 20-26, 2018 as National Public Works Week.
Proclamation Recognizing May 20-26, 2018 as National Public Works Week.

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. Closed Session Oral Report

B. Councilmember Announcements

C. City Attorney Announcements

D. City Administrator Announcements


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 for March:
1.) City Administrator Contract Log;
2.) Community Planning and Building Department Reports;
3.) Police, Fire, and Ambulance Reports;
4.) Public Records Act Requests, and
5.) Forester Reports
Monthly Reports for March 2018 05-01-18 by L. A. Paterson on Scribd

Monthly Reports for March

4. Resolution No. 2018-043, Rejecting a Bid Protest, Awarding a Contract to Remedial Transportation Services, for a Not-to-Exceed Amount, Including 10% Contingency, of $218,270, and Authorizing a Supplemental Appropriation of $118,270 to the Fiscal Year 2017/18 Adopted Budget for Decommissioning the Fuel Station at the Public Works Yard.
Fuel System Public Works Yard 05-01-18 by L. A. Paterson on Scribd

Rejecting a Bid Protest, Awarding a Contract to Remedial Transportation Services, for a Not-to-Exceed Amount, Including 10% Contingency, of $218,270, and Authorizing a Supplemental Appropriation of $118,270 to the Fiscal Year 2017/18 Adopted Budget for Decommissioning the Fuel Station at the Public Works Yard.

5. Resolution No's. 2018-044, 2018-045, and 2018-046, Authorizing the City Administrator to Execute Professional Services Agreements with Denise Duffy & Associates, Dudek and LSA Associates for On-Call Environmental Services Each with a Not-to-Exceed Fee of $100,000 and Two-Year Terms Ending June 30, 2020.
PSAs Denise Duffy & Associates, Dudek, LSA Assoc. 05-01-18 by L. A. Paterson on Scribd

Authorizing the City Administrator to Execute Professional Services Agreements with Denise Duffy & Associates, Dudek, and LSA Associates for On-Call Environmental Services Each with a Not-to-Exceed Fee of $100,000 and Two-Year Terms Ending June 30, 2020.

6. Resolution No. 2018-047, Adopting the Master Fee Schedule for July 1, 2018 to June 30, 2019.
Master Fee Schedule 05-01-18 by L. A. Paterson on Scribd

Adopting the Master Fee Schedule for July 1, 2018 to June 30, 2019.

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


7. Resolution No. 2018-041, Receive the Fiscal Year 2018-2019 Proposed Capital Improvement Plan (CIP) and refer the CIP to the Planning Commission for review for General Plan consistency.

Receive the Fiscal Year 2018-2019 Proposed Capital Improvement Plan (CIP) and refer the CIP to the Planning Commission for review for General Plan consistency.

8. Resolution No. 2018-042, Awarding a Contract to Anderson Pacific Engineering Construction, Inc. for Construction of the 5th Avenue, Torres to Carpenter Streets, Storm Drainage Improvement Project in a Not-to-Exceed Amount, including 10% contingency, of $1,396,225 for the Base Bid plus Bid Additives 1 and 2, and Authorizing a Supplemental Appropriation of $1,120,225 to the Fiscal Year 2017/18 Adopted Budget.
Contract Anderson Pacific Engineering Construction Inc. 05-01-18 by L. A. Paterson on Scribd

Awarding a Contract to Anderson Pacific Engineering Construction, Inc. for Construction of the 5th Avenue, Torres to Carpenter Streets, Storm Drainage Improvement Project in a Not-to-Exceed Amount, including 10% contingency, of $1,396,225 for the Base Bid plus Bid Additives 1 and 2, and Authorizing a Supplemental Appropriation of $1,120,225 to the Fiscal Year 2017/18 Adopted Budget.

11. Consider Continuing, Modifying, or Eliminating Home Mail Delivery Service Provided by the City.
Home Mail Delivery Service 05-01-18 by L. A. Paterson on Scribd

Consider Continuing, Modifying, or Eliminating Home Mail Delivery Service Provided by the City.

12. Consideration of an Encroachment Permit (EN 17-67) application for a reduced space within an located restaurant trash enclosure located in a portion of the City-owned Piccadilly Park. The Project is located on Dolores Street, 4 northwest of 7th Avenue. The project applicant is David Fink.

PUBLIC HEARINGS

13. Consideration of an appeal of the Planning Commission’s decision to approve Design Study (DS 18-009) and Coastal Development Permit applications for the construction of a new single-family residence on a vacant lot located in the Single-Family Residential (R-1) Zoning District. The project applicant is Greg and Robin Scattini. The application is being appealed by Laura Spiegelman.

Consideration of an appeal of the Planning Commission’s decision to approve Design Study (DS 18-009) and Coastal Development Permit applications for the construction of a new single-family residence on a vacant lot located in the Single-Family Residential (R-1) Zoning District. The project applicant is Greg and Robin Scattini. The application is being appealed by Laura Spiegelman.
 
ADJOURNMENT

CITY COUNCIL CORRECTED MINUTES March 2, 2018 City Council Special Meeting Closed Session, March 5, 2018 City Council Regular Meeting & Closed Session, March 6, 2018 City Council Regular Meeting & Closed Session, March 7, 2018 City Council Special Meeting & March 21, 2018 City Council Special Meeting & DRAFT MINUTES April 3, 2018 City Council Regular Meeting

Corrected Minutes 05-01-18 by L. A. Paterson on Scribd
CORRECTED MINUTES
March 2, 2018 City Council Special Meeting Closed Session
March 5, 2018 City Council Regular Meeting & Closed Session
March 6, 2018 City Council Regular Meeting & Closed Session
March 7, 2018 City Council Special Meeting
March 21, 2018 City Council Special Meeting
DRAFT MINUTES
April 3, 2018 City Council Regular Meeting

City Administrator Chip Rerig: FRIDAY LETTER, April 27, 2018

FRIDAY LETTER, April 27, 2018
Earth and Arbor Day
City-Wide Pavement Rehabilitation Program Construction Update
Retired Navy Captain Shadow Day
Street Painting
19th Annual Snapshot Day
Facilities Update
Public Works
Happening at Sunset Center and Forest Theater
Cal OES and FEMA reimbursement

Thursday, April 26, 2018

Proceeding Number A.12-04-019 JOINT MOTION REGARDING COMMON BRIEFING OUTLINE FOR BRIEFS REGARDING FINAL ENVIRONMENTAL IMPACT REPORT/FINAL ENVIRONMENTAL IMPACT STATEMENT

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 JOINT MOTION REGARDING COMMON BRIEFING OUTLINE FOR BRIEFS REGARDING FINAL ENVIRONMENTAL IMPACT REPORT/FINAL ENVIRONMENTAL IMPACT STATEMENT document copy is embedded.

FILED 03-12-18
JOINT MOTION REGARDING COMMON BRIEFING OUTLINE FOR BRIEFS REGARDING FINAL ENVIRONMENTAL IMPACT REPORT/FINAL ENVIRONMENTAL IMPACT STATEMENT

Proceeding Number A.12-04-019 JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION


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 JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION document copy is embedded. 
FILED 03/21/18
JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION


ATTACHMENT 1
Exhibit MCD-17


ATTACHMENT 2

Proceeding Number A.12-04-019 JOINT RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY, COALITION OF PENINSULA BUSINESSES, MONTEREY COUNTY FARM BUREAU AND SALINAS VALLEY WATER COALITION TO JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

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 JOINT RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY, COALITION OF PENINSULA BUSINESSES, MONTEREY COUNTY FARM BUREAU AND SALINAS VALLEY WATER COALITION TO JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION document copy is embedded.

FILED 04-05-18
JOINT RESPONSE OF CALIFORNIA-AMERICAN WATER COMPANY, COALITION OF PENINSULA BUSINESSES, MONTEREY COUNTY FARM BUREAU AND SALINAS VALLEY WATER COALITION TO JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

Proceeding Number A.12-04-019 OPPOSITION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY AND THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO THE MOTION OF THE MARINA COAST WATER DISTRICT ET AL. FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

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 OPPOSITION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY AND THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO THE MOTION OF THE MARINA COAST WATER DISTRICT ET AL. FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION document copy is embedded.

FILED 04-05-18
OPPOSITION OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY AND THE MONTEREY PENINSULA WATER MANAGEMENT DISTRICT TO THE MOTION OF THE MARINA COAST WATER DISTRICT ET AL. FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

Proceeding Number A.12-04-019 OPPOSITION OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY TO JOINT MOTION FOR REFERRAL TO WATER RESOURCES CONTROL BOARD

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 OPPOSITION OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY TO JOINT MOTION FOR REFERRAL TO WATER RESOURCES CONTROL BOARD document copy is embedded.

FILED 04-05-18
OPPOSITION OF COUNTY OF MONTEREY AND MONTEREY COUNTY WATER RESOURCES AGENCY TO JOINT MOTION FOR REFERRAL TO WATER RESOURCES CONTROL BOARD

Proceeding Number A.12-04-019 JOINT REPLY IN SUPPORT OF JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

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 JOINT REPLY IN SUPPORT OF JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION document copy is embedded.

FILED 04/12/18
JOINT REPLY IN SUPPORT OF JOINT MOTION FOR PROMPT REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD FOR EXPEDITED HEARING AND DECISION

Proceeding Number A.12-04-019 JOINT BRIEFING REGARDING MONTEREY PENINSULA WATER SUPPLY PROJECT FINAL ENVIRONMENTAL IMPACT REPORT / FINAL ENVIRONMENTAL IMPACT STATEMENT

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 JOINT BRIEFING REGARDING MONTEREY PENINSULA WATER SUPPLY PROJECT FINAL ENVIRONMENTAL IMPACT REPORT / FINAL ENVIRONMENTAL IMPACT STATEMENT document copy is embedded.

FILED 04/17/18
JOINT BRIEFING REGARDING MONTEREY PENINSULA WATER SUPPLY PROJECT FINAL ENVIRONMENTAL IMPACT REPORT / FINAL ENVIRONMENTAL IMPACT STATEMENT

Proceeding Number A.12-04-019 E-MAIL RULING REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD


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 REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD document copy is embedded. 

FILED 04-17-18
E-MAIL RULING REGARDING REQUEST FOR LEAVE TO FILE A REPLY TO RESPONSES TO THE JOINT MOTION FOR REFERRAL OF QUESTION TO STATE WATER RESOURCES CONTROL BOARD

Proceeding Number A.12-04-019 SURFRIDER FOUNDATION’S OPENING FEIR/FEIS BRIEF

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 SURFRIDER FOUNDATION’S OPENING FEIR/FEIS BRIEF document copy is embedded.
FILED 04/19/18
SURFRIDER FOUNDATION’S OPENING FEIR/FEIS BRIEF

Proceeding Number A.12-04-019 OPENING BRIEF OF CALIFORNIA UNIONS FOR RELIABLE ENERGY

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 OPENING BRIEF OF CALIFORNIA UNIONS FOR RELIABLE ENERGY document copy is embedded.

FILED 04/19/18
OPENING BRIEF OF CALIFORNIA UNIONS FOR RELIABLE ENERGY



EXHIBITS TO OPENING BRIEF OF CALIFORNIA UNIONS FOR RELIABLE ENERGY

Proceeding Number A.12-04-019 OPENING BRIEF OF CITY OF MARINA ON FINAL ENVIRONMENTAL IMPACT REPORT AND FINAL ENVIRONMENTAL IMPACT STATEMENT

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 OPENING BRIEF OF CITY OF MARINA ON FINAL ENVIRONMENTAL IMPACT REPORT AND FINAL ENVIRONMENTAL IMPACT STATEMENT document copy is embedded.

FILED 04-19-18
OPENING BRIEF OF CITY OF MARINA ON FINAL ENVIRONMENTAL IMPACT REPORT AND FINAL ENVIRONMENTAL IMPACT STATEMENT