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    Appeal goes against Canterbury

     

    On August 27, 2010, Judge Thomas W. Wills ruled in favor of the City of Pacific Grove’s position relating to its ability to bring a civil action against Episcopal Senior Communities, Inc. (“ESC”) for zoning violations.

    ESC holds a use permit to operate its retirement facility, Canterbury Woods, in Pacific Grove.  In 2009, the City initiated an administrative enforcement process against ESC, contending ESC expanded its commercial use into adjacent residential zones.  A neutral hearing officer found in favor of the City.

    ESC filed a petition for review of the hearing officer’s decision, as well as a Complaint asserting several causes of action against the City.  The City filed a Cross-Complaint, which was challenged by ESC.  ESC is represented by John Sanger of Sanger and Olsen, a San Francisco-based law firm.

    City Attorney David C. Laredo, of De Lay & Laredo stated, “This ruling affirms the City’s multiple remedies to enforce its Municipal Code.  I am pleased the court validated the City’s position.”

    And the winner is. . .

    The Pacific Grove City Council entertained six applicants at a special meeting Tues., June 1, all vying for the seat on the council vacated by Deborah Lindsay. The top three candidates were Dan Miller, Rudy Fischer and William Fredrickson. Miller, who had missed a seat on the council in the last election and was not chosen when two other seats became vacant, was the choice this time around.

    Miller did not list a vocation on his application. He is 54 and a native of Pacific Grove. Among the issues he wishes to see the Council address during his tenure — five months — he listed completion of the Bath House, restoration of the lighthouse,  funding of the library,  stabilization of the city’s finances, paying down unfunded liabilities, and a “fair” tree ordinance.

    Miller will serve until the general election in November, when six of the seven seats are up for election. The only councilmember not facing election will be Bill Kampe, whose term expires in 2012.


    Pacific Grove joined by Monterey in promoting JPA


    The Monterey City Council decided Wednesday to seek a Joint Powers Agreement for a Peninsula-wide fire department, following the lead of Pacific Grove which voted unanimously to approve the concept on May 12, 2010.

    The cities of Monterey, Pacific Grove, Carmel and Seaside are exploring the JPA for fire services, which proponents say will save each city money as well as provide better services. Pacific Grove and Monterey have had a joint service agreement for many months. Read more…»

    About Matter of Trust

    Matter of Trust is an ecological, public, 501(c)(3) charity that concentrates on manmade surplus, natural surplus and eco-education. Read more…»

    From hair to there: PG haircutters assist with Gulf cleanup

    By Darci D’Anna and Cameron Douglas

    The April 20 explosion on the Deepwater Horizon oilrig, and the rig’s subsequent sinking two days later, created an undersea oil gusher that some are calling the worst environmental disaster of our time. Viewing aerial photos of the spreading oil plume can impart a feeling of helplessness, but not for the people at an organization called Matter of Trust. And not for a growing group of Pacific Grove businesses.

    Many of our local haircutters and some pet groomers are finding a way to help with the Gulf oil spill. Under the guidance of distribution facilitator Matter of Trust, an ecological charity, these local businesses are helping other communities by sending hair clippings to warehouses along the Gulf Coast to be made into oil capturing “hair booms.” Vigorous response from salon owners shows a very caring attitude and willingness to make an active contribution towards stewarding the environment. Read more…»

    JPA for fire services signed: PG is first to do so


    By Marge Ann Jameson

    Pacific Grove has become the first city to sign onto a Joint Powers Authority (JPA) for fire services on the Monterey Peninsula.

    In a special city council meeting on May 12, the council chambers filled with dignitaries from nearby cities as well as the upper echelons of most local fire departments – Chiefs Rawson of Carmel, Hutchison of CalFire and Wombacher of Seaside joined our own Chiefs Mazza of Monterey and Andrew Miller.

    Mayors Chuck Della Sala of Monterey, Ralph Rubio of Seaside and Bruce Delgado of Marina were in attendance, as well as the city managers of Monterey, Fred Meurer, and of Seaside, Ray Corpuz. Jason Burnett, newly elected to the Carmel city council was also on hand.

    It was a unanimous vote. Read more…»

    Publisher’s Blog: Treasurer candidate lied

    I read with interest correspondence I received from an anonymous, but obviously informed source concerning misstatements made by Ron Holly in his campaign literature, in a public forum and in his statement to the electorate in the voters’ pamphlet for the June, 2010 election.

    Mr. Holly represented in his voters’ pamphlet statement that he is a lawyer. Most potential voters would likely assume that he had obtained a degree in law and had passed the California State Bar Exam. When questioned on his credentials at a recent forum, he admitted that he had not, in fact, passed the bar exam but that it was not a prerequisite for the job of Treasurer for which he is running in the upcoming election. Read more…»

    Publisher’s Blog: Desal alone won’t solve water woes

    Last night, May 7, I attended a slide presentation by Jim Heitzman of Marina Coast Water District. We, as a newspaper, sponsored the talk and question-and-answer session afterward with Heitzman and Craig Anthony, CEO of California-American Water.

    While I’ve seen the bulk of the presentation before, there is always something new to glean in reviewing a subject. And what I gleaned from this presentation came as a bit of a shock.

    This is a replacement water project. It does not increase the supply to Pacific Grove nor provide any additional water Read more…»

    No decision on support of Farmers Market move

    Hot potato still up in the air at council

    By Marge Ann Jameson

    Despite testimony from former Mayor Dan Cort and Marina Mayor Bruce Delgado – who is on the board of Farmer’s Market operator Everyone’s Harvest – plus two former councilmembers (Scott Miller and Ron Shenk) the Pacific Grove City Council could not find a majority to approve support of a change of location for the market.

    Instead, they will continue deliberating at the May 19, 2010 meeting. Read more…»

    Deborah Lindsay resigns from City Council

    Council member Deborah Lindsay announces her resignation today from Pacific Grove City Council effective May 6th, 2010 due to family issues. “It is with deep regret that I must make this announcement. It has been my greatest honor to work with the Citizens, Council and Staff of Pacific Grove.” While on council Lindsay served on the Transportation Agency of Monterey County, the Pacific Grove Natural History Museum Board, and Chaired the Ad Hoc Water Alternative Subcommittee and was a strong proponent of sustainability and natural resource conservation on the Monterey Peninsula.

    Publisher’s Blog: Pacific Grove: Home of Monarchs, Victorians and Thrift Stores

    Yet another second-hand store has approached the Powers That Be about the possibility of opening a store in Pacific Grove. And they have been sent on their way yet again. Sally Ann apparently isn’t welcome in PG. Or is she? When does Used Stuff become an antique. . .or even Lovely Junque? Who buys that stuff anyway? Read more…»

    Publisher’s Blog: Good Old Day 2010

    Another year of Pacific Grove’s Good Old Days celebration has come and gone, and though this year it was Good Old Day, it pointed out all that is quintessentially Pacific Grove.

    My mother, wrapped in a borrowed jacket, perched in a lawn chair in front of the police station and waving her American flag donated by Sahin Gunsel at Union Bank, commented that the parade was better this year than ever – and not just because I was in it with our restored muscle car. Horses and clowns, Snick in his lobster suit, crowds of children, floats, flags and bagpipes, politicos and military. . .it was all that a small town parade ought to be, and the Rotary are to be commended for the clockwork efficiency and near-perfect mix. Read more…»

    Final vote is in: Measure J goes down by less than 1%

    With all the votes counted, including the late ones and the questionable and damaged ballots, Monterey county Elections reports that Measure J, which would have funded our library with a $96 parcel tax, missed passage by a very scant margin.

    Yes votes were  2,747 or 65.91%; the measure, being a special parcel tax, required 66.66%. No votes were 1,421 or 34.09%. Total votes were 4,168.

    Supporters of the measure are understandably disappointed and will meet soon to decide what next steps to take. The city council has said that they will no longer fund the library to the extent needed to operate at what most would term “decent” levels after this fiscal year.

    State Water Board issues CDO but delays harsher measures 1 year

    By Marge Ann Jameson

    Water customers on the Monterey Peninsula have won a brief reprieve from the State Water Resources Control Board, which has imposed a cease and desist order (CDO) against California-American Water. The Board has enjoined Cal-Am, the water utility for Pacific Grove and most of the Monterey Peninsula, from exceeding pumping limits on the Carmel River of 10,496 acre-feet per year effective immediately, but extended the effective date of further reductions to October 1, 2011.

    “They met us halfway and let us take ownership of the problem,” said Aengus Jeffers, a local attorney who was asked by several of his Pebble Beach water entitlement clients to become involved.

    Pebble Beach was perhaps the biggest winner of the day. The CDO allows Pebble Beach water entitlements to remain valid until 2016.

    Peninsula projects that had all permits as of Oct. 20 will be “grandfathered.” Owners of vacant lots with no permits as of Oct. 20 are probably out of luck, barring the development of new water sources, though developed parcels outside of Pebble Beach may have some room to maneuver. Pacific Grove itself is essentially out of water.

    As of October 1, 2011, no additional water from the Carmel River can be used by the utility for new service connections or increased use of water at existing service addresses. An additional 121 acre-foot reduction in pumping will also be required at that time.

    Clarifications are forthcoming. “Are they going to credit water brought online from the aquifer storage project and the Sand City desalination plant?” asked Jeffers.

    Jeffers was among two busloads of Peninsula people who went to Sacramento on Oct. 20 to attend the hearing and make presentations; Peninsula business and community members formed a loose coalition they called “Our Water, Our Lives.” Among those who testified were Richard Stillwell, former Pacific Grove volunteer fire chief, and Moe Ammar, president of the Pacific Grove Chamber of Commerce. A number of associations and elected officials also testified, including Pacific Grove Mayor Carmelita Garcia and Councilmember Ken Cuneo.

    State Senator Abel Maldonado pointed out that “finding a balance isn’t easy,” but finding a balance has become a distinct possibility with area-wide cooperation among state agencies, citizen groups and utilities over the past few years. The California Public Utilities Commission was represented by Cynthia Truelove, who drew applause when she said, “The PUC proposes a formal process to . . . manage the situation without having to enforce the CDO.”

    A Regional Water Project is under development to work toward a goal of providing up to 15,200 acre-feet of potable water per year for the Monterey Peninsula, the former Fort Ord and Marina. A number of projects are already under way and approved, including conservation efforts, a desalination plant in Sand City and a regional desalination plant, which is likely to be built south of the Salinas River and pump seawater and brackish groundwater. Also in the works is aquifer storage and recovery in Seaside and a system to deliver recycled water for urban irrigation.

    An additional 10,400 acre-feet are sought in the second phase of the project which includes water catchment and percolation ponds for stormwater, additional wells in north Monterey County and expansion of projects developed in the first phase.

    Cal-Am provides some 89 percent of its customers’ water by directly diverting water from 21 wells downstream of the San Clemente Dam on the Carmel River.

    Many who testified on Oct. 20 cited efforts at conservation already undertaken by area users and asked the Board not to “punish” Peninsula residents by imposing the CDO. Peninsula water users are among the most conservative in the state, having reduced usage 30 percent to an average of 70 gallons per person per day as compared to 300 for the rest of the state.

    While many were satisfied with the one-year extension, believing that it offers the Peninsula enough time to get projects completed, others were not as happy.

    “This was really a minimum,” said Brian LaNeve of the Carmel River Steelhead Association - and a building contractor - “A lot of people wanted more strict guidelines.”

    The CDO makes Cal-Am subject to immediate reduction of 549 acre-feet per year. The cutbacks amount to three gallons per person, LaNeve said, and opined “That’s not a lot.”

    The Carmel River Steelhead Association was instrumental in bringing the overdraft problems in the Carmel River to the attention of the State Water Resources Control Board. LaNeve, speaking for the Association, he said, “We’re not anti-growth, but you have to control it.”

    LaNeve cited estimates that 10 percent of the customers use 40 percent of the water. “Those are the people we need to find” and convince to retrofit for water conservation and to use more conservative practices in water usage.

    A building moratorium hurts people in his business, he said, but he pointed out that a retrofit to more water-conservative appliances and fixtures is only required locally when there is a remodel.

    “Could there be an incentive for retrofitting?” he asked.

    Catherine Bowie, Public Information Officer for Cal-Am, was also among those who went to Sacramento for the hearing and stands with the Steelhead Association in underlining the importance of finding new sources of water.

    “It was very important to note how many people went to Sacramento, to show the Board how important this issue is to us. Water is our most vital resource and cutting back water allocations is really hurtful all the way around,” she said. “New water projects are the main thing. We hope the state and other agencies will not stand in our way but will help us get these projects approved and under way as soon as possible.”

    Customers have been asking Cal-Am about the potential of rationing in Pacific Grove, she says. Cal-Am will soon meet with the Monterey Peninsula Water Management District about ways to impose rationing, said Bowie. “We’re hoping to put it off as long as possible,” she points out. She also stated that if and when rationing is placed into effect, it would likely be a per capita reduction rather than a percentage of current use. A per capita reduction, she feels, would be more equitable to those who already conserve.



    The other 13 candidates

    An impressive group of 15 candidates applied for the two vacant positions on the PG City Council. All care for the city, and each has something to contribute. Many have said that they will consider running for the city council in November, 2010. Here’s a look at those candidates and what they said on their resumes. Watch this space when filings begin for the 2010 elections. We present them in the order they were presented to the city council, which was a random choice by the deputy city clerk and the city attorney.

    Jonathan Wizard is a Pacific Grove firefighter. His stated objective in applying for the appointment to City council is “to become an effective and productive member of the city council and make a positive contribution that positively affects the residents, guests and employees of the city as well as the city as an entity. He graduated from Pacific Grove High school and has an AS in Fire Science, plus California State firefighter II certification and other related certificates. In his oral presentation, Wizard said he would like to see a “change in the way Pacific Grove does business.” He believes that younger, working people and new citizens are effectively disenfranchised and that a “younger representative” is needed on the city council. Read more…»

    It’s Cuneo, Huitt

    No coin flipping this time, but it took five roll call votes for the sitting councilmembers to finally seat Ken Cuneo and Robert Huitt to fill the vacancies left when Vicki Stilwell resigned and Carmelita Garcia was appointed mayor to fill Dan Cort’s position. And no wonder — there were 15 very qualified candidates, any one of whom would be an asset to the city. It took three rounds of nominations and votes to appoint Cuneo, and when the council appeared (on the fourth vote) unable to garner the four votes necessary to fill the vacancy left, they swore Cuneo in and added his vote. He promptly nominated two additional candidates — Dan Miller and Richard Ahart, both of whom ran unsuccessfully in the November, 2008 election with Cuneo — but when it came down to the vote, Cuneo went for Robert Huitt, as did the rest of the council. Huitt previously served on the council for eight years but was ‘term-limited’ out seven years ago.

    Woman, 63, beats her mother to death


    Jean Danvers

    Jean Danvers

    A 63 year-old Pacific Grove woman has been charged with homicide in the beating death of her mother, 96. Jean Danvers allegedly called in a medical emergency on Thursday evening, September 24, and told the communications center that she had beaten her mother. The mother, Charlotte Danvers, was found lying on the floor when medical personnel and police arrived.



    She was taken to Community Hospital of the Monterey Peninsula where she later died. The younger Danvers was arrested and charged with assault  by force likely to produce great bodily injury, battery against an elder and crimes against an elder. The homicide charge was added after her mother succumbed.

    Jean Danvers was unable to post bail and was lodged in Monterey County Jail.

    Planning fee recovery: Community input is vital

    Pacific Grove’s Community Development Department (CDD) set a goal of “preserving services through the economic storm,” meaning that, after large budget cuts, staff layoffs, contracting with other agencies, reducing staff by 43 percent and instituting voter-approved taxes, there is still a budget gap of $1.5 million.

    One area being examined is the large general revenue subsidy for fee-based services that Pacific Grove has, particularly in the planning department. Staff estimates that 73 percent of the cost for service, on average, is borne by General Revenues – the public.

    Staff, looking for ways to recover costs, reached out to the community for input. Read more…»

    Loading zone on Lighthouse is going away

    Parking on the north side of Lighthouse Avenue between 13th Street and 12th Street will soon be converted to 90-minute parking. Currently, it is a mixture of 90-minute parking, loading zones and 20-minute parking. Read more…»

    New 4-way stop coming at Gibson and Fountain

    At its July 14 meeting, the Traffic Safety Commission decided to ask staff undertake a study of the intersection of Fountain Avenue and Gibson Avenue. Gibson had previously been designated a through street from Eardley Avenue to Alder Street while traffic on cross streets, including Fountain Avenue, were required to stop at Gibson.

    “A lot of times people (traveling on Fountain) think that you (traveling on Gibson) are coming to a stop,” said resident Karen Sheppard at that meeting. She also expressed concern for middle school students going home at the end of the day.

    Conversely, there was also testimony that traffic on Gibson does, in fact, stop as if there were already a stop sign there.

    Staff took traffic counts, a peak-hour hand count and an accident analysis. They noted that the presence of many senior citizens from Canterbury Woods and Forest Hill Manor, the presence of a medical office and the fact that the area is a walking route for students from Robert Down and Pacific Grove Middle School result in higher than expected vehicle traffic and pedestrian traffic at the intersection.

    The installation of four-way stop signs at the intersection was approved on the consent agenda at the city council’s September 16 meeting.

    They’re on their way

    Jack Beigle was the first to report a Monarch sighting in Pacific Grove — a single “scout” seen last week.

    “It would be interesting to know if the Monarchs sort of glide down a freeway route to  the Sanctuary, or if it is a random distribution  of arrival all over town” said Helen Johnson of Monarch Alert.

    Anyone spotting a Monarch in Pacific Grove over the next few weeks is urged to call Monarch Alert at 1-877-7740, Mailbox 7. If the butterfly is tagged, the tag number would be helpful but it is not vital. Or spotters may call Cedar Street Times at 831-324-4742. We’d like to know where it was seen.

    Monarchs were seen last week in coastal Marin as well. There were five sightings in one day at Muir Beach and three in the Marin Headlands.



    Butterfly bond renewed

    Debt service on the 1990 Butterfly Habitat Bonds has come up again, and the City Council voted unanimously to renew the special property tax with a levy of .004 percent on assessed value.

    Based on a median assessed valuation of about $260,000, a property in Pacific Grove  would pay $10.40 per year at that rate.

    The funds can only be spent on debt service of the Butterfly Habitat Bonds, which were issued in 1990 to acquire and rehabilitate the Monarch Sanctuary.



    Retrospective

    When we set out to start a weekly newspaper, we did it because we believe that Pacific Grove needs and wants  an unbiased, locally-run, Pacific Grove-oriented newspaper. We weren’t running for City Council, we weren’t backed by anyone who was; we just wanted to provide Pacific Grove with straight news, photos, and events coverage. We didn’t reckon on an economic meltdown, either locally or on a national level, but we’ve been able to keep our heads above water.

    Cedar Street Times has been very well received. We have more than doubled our original press run and we have picked up a number of subscribers to our email version. We have a number of contributors, regular and not-so-regular, who offer us news of interest to the city’s population of all ages and interests.

    We’re pleased to offer a regular “Green Page” on ecology and nature issues and a regular page on arts events. We have provided, joyously, space for student poets, writers and photographers. We have reported on every City Council meeting and many committee meetings. We’ve offered profiles of local businesses and reviews of restaurants, plus regular food columns on cooking. We responded to requests for a police log, and we happily provide a look in Pacific Grove’s past on a weekly basis. We’ve offered some outstanding photo essays, if we do say so ourselves.

    We’re proud of what we’ve done and how far we’ve come, and we look forward to a long and . . . is “interesting” the word we want? . . . tenure.

    The following are examples of the stories we covered during our first six months, though this is certainly not the entire gamut. We hope you will join us in our future endeavors.



    Coastal cleanup results for 2009

    At Lover’s Point beach there were 27 volunteers who picked up 50 pounds of trash and 31 pounds of recyclables according to Jill Poudrette, Monterey County Coordinator of the Coastal Cleanup Day and Adopt-a-Beach Manager for the California State Parks, Monterey District.

    At Asilomar State Beach 80 volunteers picked up 130 pounds of trash and 50 pounds of recyclables. Once again, it appeared that most of the trash was purposefully dumped or left as litter.

    In 2008, Asilomar had 75 volunteers who picked up 36 pounds of trash.



    Police Chief Engles resigns


    Citing work load and staffing issues as part of the reason, Pacific Grove Police Chief Darius Engles has tendered his resignation effective mid-January, 2010.

    “I have a concern with the staffing levels at the department,” he said.

    Engles has run an understaffed department for three years now. Budgeted for 23 sworn officers, the department currently has 18 which results in a lot of overtime for other officers and extra duties for the chief himself. Even if all the positions were filled, Engles says that on average there would be three people out at any given time due to vacations, training requirements, sick leave, long-term disabilities or family emergencies. If an officer is out on a disability or leave, the position cannot be filled by a new recruit,  leaving the department short-handed. Read more…»

    Council lets the dogs out


    Local dog owners fond of walking with their pets at the Rip Van Winkle Open Space are breathing easier this week, as the likelihood of parking citations along the popular wooded area has abated.

    Much has taken place since Cal Fire contacted the city of Pacific Grove last summer with concerns about cars blocking the fire access road at the open space. Citizens dissatisfied with the parking re-alignment in December requested staff to come up with a new plan, and the Traffic Commission did so. Last April, Traffic Engineer Malcolm Knisely sent in his recommendations, which included removal of stunted trees and a stump (offset with a two-for-one planting of oaks deeper in the woods) plus the installation of decomposed granite to shore up the ground where cars would park. Read more…»

    CalPers debate update


    The question of the legality of a June 5, 2002 ordinance which granted increases in CalPERS benefits is not a question for the Pacific Grove City Council, according to City Attorney David Laredo. He said that even if the council determines that the 2002 agreement was flawed, the council does not have the authority to overturn it and the matter must go before a court of law. Read more…»

    Bankruptcy not an option–for now


    Bankruptcy for the City of Pacific Grove seems to be off the table for the foreseeable future. The Budget and Finance Committee received quotes from various law firms for services from handling inquiries to completing a filing, and after looking at the costs the full council decided not to “explore or pursue chapter 9 bankruptcy further at this time.” Read more…»

    More positions cut


    As he offered a peek at next month’s fiscal year-end report, Director of Management and Budget Jim Becklenberg told the city council that the city needs to make further cuts now to help the budget process. He recommended that four positions currently vacant be eliminated. “Yes, they are needed to provide basic services,” he said, but added that the budget requires they be taken out of the equation. Read more…»

    Contract with Monterey is a done deal

    In the face of burgeoning costs for a preferred in-house model, the City of Pacific Grove will instead contract with the city of Monterey for building services

    “This model will cost approximately $150,000 less than an in-house model,” said Jim Becklenberg, Director of Management and Budget. He also indicated in his staff report that a contract service model such as the one be proposed following with the City of Monterey would afford Pacific Grove more flexibility and take less time to implement than would an in-house model.

    Another factor in the decision was the need to provide continued customer service at a level that Pacific Grove’s people have come to expect. The current, interim model uses a contract with Monterey for Chief Building Official services. Monterey also provides plan check services. Building inspection services are provided with an outside company, Precision Inspection company, Inc. City staff performs application intake duties, while every aspect is overseen by the City’s Chief Planner.

    Back in April, the City Council was shown proposals for contract services and opted to accept the proposal from the City of Monterey while continuing the interim plan until now. Becklenberg told the Council that he and staff are confident that Monterey will provide the full range of services requested in Pacific Grove’ request for proposals, and in fact will improve on some areas.

    Monterey will:

    The agreement will be effective from September 1, 2009 through June 30, 2013 with a 180-day termination required. With revenues expected to be $364,000 for fiscal year 2009/10, and a total cost of $402,000 for the contract services, the cost to Pacific Grove would be $129,000 after subtracting $273,000, which represents the 75 percent of the permit revenue retained by Monterey.


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