Thursday, December 18, 2014

MARINA COAST WATER DISTRICT & AG LAND TRUST Lawsuits Against CALIFORNIA COASTAL COMMISSION & CALIFORNIA AMERICAN WATER COMPANY Over Desalination Test Slant Well Project Transferred to SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ

ABSTRACT:  “Two lawsuits aimed at halting California American Water’s desalination test slant well project are headed to Santa Cruz County,” according to reporting in The Monterey County Herald. Moreover, all parties, including Marina Coast Water District, Ag Land Trust, California Coastal Commission and California American Water Company, agreed to move the cases to Santa Cruz County Court, Monterey County Superior Court Thomas Wills presiding, on Wednesday, December 17, 2014.  On November 24, 2014, MARINA COAST WATER DISTRICT filed a PETITION FOR WRIT OF MANDATE and COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against CALIFORNIA COASTAL COMMISSION, and CALIFORNIA-AMERICAN WATER COMPANY, Real Party in Interest.  And on December 12, 2014, Ag Land Trust filed a lawsuit against the CALIFORNIA COASTAL COMMISSION, and CALIFORNIA-AMERICAN WATER COMPANY, "challenging the commission’s approval of the test well project and seeking a court order barring Cal Am from doing any work on the project."  Case Details of GNM130325, Marina Coast Water District vs. California Coastal Commission, are reproduced from the SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY website.
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CRUZ Case Information PENDING.
REFERENCES:
Desal test well lawsuits headed to Santa Cruz County
By Jim Johnson, Monterey Herald
Posted: 12/17/14

Cal Am proceeds with desal test well project despite two lawsuits
By Jim Johnson, Monterey Herald
Posted: 12/15/14

SUPERIOR COURT OF CALIFORNIA
COUNTY OF MONTEREY
Case Details of GNM130325 ;  Marina Coast Water District vs. California Coastal Comm
  
 
Case Information
Case Number
GNM130325
Case Caption
Marina Coast Water District vs. California Coastal Comm
Filing Date
12/11/2014
Case Type
Civil (General)
Filing Type
Petition
Original Filing Date
12/11/2014
Agency
Agency Number


Name / AKA
Party Type
Last Name
First Name
Middle Name
Is AKA
RES
California Coastal Commission


RPI
California-American Water


PET
Marina Coast Water District




Attorney Information
Attorney Type
Last Name
First Name
Middle Name
PET
Wilkins III
Howard
F


Schedule Events
Type
Date
Time
Location
Hearing: Exparte Application
12/17/2014
13:30:00
Courtroom 14
Case Progress Conference
6/16/2015
09:00:00
Courtroom 14

Sunday, December 14, 2014

OPINION, IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, Plaintiff and Respondent, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants; SIERRA CLUB et al., Interveners and Appellants. H039154 (Santa Clara County Super. Ct. No. CV163328)

ABSTRACT:  For background purposes, the Opinion, IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, Plaintiff and Respondent, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants; SIERRA CLUB et al., Interveners and Appellants, H039154 (Santa Clara County Super. Ct. No. CV163328 ), document, filed December 5, 2014, is embedded.
OPINION Author Mihara, Nathan D.; Bamattre-Manoukian, Patricia (Concur), Grover, Adrienne M. (Concur)
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SIXTH APPELLATE DISTRICT, MONTEREY PENINSULA WATER MANAGEMENT DISTRICT, Plaintiff and Respondent, v. STATE WATER RESOURCES CONTROL BOARD et al., Defendants; SIERRA CLUB et al., Interveners and Appellants. H039154 (Santa Clara County Super. Ct. No. CV163328 )

REFERENCE:
Appeals court rejects attorney’s fees in river cutback lawsuit
By Jim Johnson, Monterey Herald
Posted: 12/08/14

Sunday, December 07, 2014

SETTLEMENT AGREEMENT AND RELEASE Between the City of Carmel-by-the-Sea and John Hanson & NEWS RELEASE LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL

ABSTRACT: The Settlement Agreement and Release ("Agreement") between the City of Carmel-by-the-Sea ("City") and John Hanson ("Hanson") is embedded, as is the City’s NEWS RELEASE. Importantly, the Agreement states, in part, “City shall reinstate Hanson to a permanent, full-time position as a Building Official at Step 5, or as otherwise agreed between Hanson and City Administrator, with compensation and benefits set at the top of the scale associated with Building Official, Step 5. Back pay and full benefits, including PERS credits, will be provided by the City to Hanson for the period of August 5, 2013 to the date of Hanson's actual return to active duty with City, subject to all applicable federal, state and local withholding taxes and deductions. Hanson and City Administrator shall meet and confer in good faith to discuss and consider other job assignments to be approved by Hanson.” And “City also shall pay Hanson the sum of one hundred thousand and no/100 dollars ($100,000) no later than January 15, 2015, in further consideration for this release of all claims described herein and as compensation for any and all alleged injuries or damages or litigation costs, including emotional distress damages, that have arisen in any way from his employment relationship with the City. The damages are for emotional distress damages caused by physical sickness. The City, no later than December 22, 2014, shall pay the sum of one hundred thousand dollars ($1 00,000) to Stamp 1 Erickson for work performed, and reimbursement of costs not to exceed five thousand dollars ($5,000) incurred in this matter. City will pay these sums by providing checks as agreed to by the parties. Within ten business days of the City's final payment under this Agreement, Hanson and/or his attorneys shall provide the City with an executed request for dismissal with prejudice of the pending litigation.” Significantly, “City shall segregate and seal all records from Hanson's personnel file commencing on January 1, 2013 to date of reinstatement, and it is understood that said sealed portion may be examined by federal, state or local administrative agencies upon presentation of a valid Court Order or upon a written request by said agencies with a copy sent to Hanson. City and Hanson agree that City will expunge and destroy the sealed records one (1) year from the date of execution of this Agreement, or upon expiration of the statute of limitations on Hanson's Claims, whichever is later.” The NEWS RELEASE, LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL, “Statement from John Hanson and family: My family and I wish to thank all of our friends who supported us through this struggle.  I am ready to come back and help heal and rebuild Carmel-by-the-Sea.  To those citizens who engaged in the process, thank you. Because of your efforts, we are here today. You have shown the true spirit of Carmel-by-the-Sea, which is why I have worked for Carmel-by-the-Sea for so many years.”

RELATED NEWS ARTICLE:  Hanson named ‘special projects manager,’ By MARY SCHLEY, The Carmel Pine Cone, December 5, 2014, 1A & 12A

SETTLEMENT AGREEMENT AND RELEASE
Between the City of Carmel-by-the-Sea ("City") and John Hanson ("Hanson")
November 25, 2014

NEWS RELEASE
FOR IMMEDIATE RELEASE
Date: November 25, 2014
LONGTIME EMPLOYEE JOHN HANSON REINSTATED TO CARMEL-BY-THE-SEA JOB BY CARMEL CITY COUNCIL

Friday, December 05, 2014

Superior Court of California, County of San Francisco Case Number: CGC 13 528312 Title: CALIFORNIA-AMERICAN WATER COMPANY, A CALIFORNIA CO VS. MARINA COAST WATER DISTRICT et al.: COURT TRIAL DAYS 1-4, December 2- 5, 2014

ABSTRACT:  Regarding the Regional Desalination Project, in San Francisco Superior Court, Judge Curtis Karnow heard testimony on Tuesday, December 2, Wednesday, December 3, Thursday, December 4 and Friday, December 5, 2014. Testimony “focused on whether the failed regional project agreements are still valid, or if they were voided by former Monterey County water resources agency board member Steve Collins’ criminal conflict of interest as a result of his dual role on the project,” according to reporting in The Monterey County Herald. A preliminary ruling is not expected until February 2015. The MINUTES FOR DECEMBER 2, 2014, MINUTES FOR DECEMBER 3, 2014, MINUTES FOR DECEMBER 4, 2014, MINUTES FOR DECEMBER 5, 2014, ORDER, EXHIBIT LIST and WITNESS LIST documents are embedded. Importantly, ORDER ON POST TRIAL BRIEFING states: For the convenience of the parties and the court this summarizes the post trial briefing procedures discussed and ordered today.
By December 12, 2014 the parties will provide (in one or two documents) a list of objections to (i) depositions extracts and (ii) exhibits that indicates (briefly) the nature of the objection and a response, and an area to mark the court's determination.
I will have those determinations filed and served, and four weeks thereafter (excluding a 7 day period commencing with December 25) simultaneous closing briefs are due.
Two weeks thereafter simultaneous reply briefs not exceeding 10 pages (aside from tables) are due.
I will then issue either a short tentative, or a longer tentative combined with proposed statement of decision, setting oral closing argument approximately I 0 days thereafter; the parties may contact the clerk to adjust the hearing date if it creates a conflict
The parties have waived objections under CRC 3.1590 (g) and I will issue a Statement Of Decision after closing argument.
Dated: December 5, 2014
Curtis E.A. Karnow
Judge of The Superior Court

MINUTES FOR DECEMBER 2, 2014

MINUTES FOR DECEMBER 3, 2014

MINUTES FOR DECEMBER 4, 2014

MINUTES FOR DECEMBER 5, 2014
ORDER

EXHIBIT LIST  
WITNESS LIST

REFERENCE:
Regional desal trial testimony concludes, Cal Am wants test well challenge moved
By Jim Johnson, Monterey Herald
Posted: 12/05/14,