Monday, August 25, 2014

JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants, CASE NO. M128436, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA

ABSTRACT: In JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants, CASE NO. M128436, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, the ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA document. filing date August 18, 2014, is embedded; the text is reproduced.
Defendant City of Cannel-by-the-Sea, ("Defendant" or "City'·) hereby responds to the unverified Complaint of Plaintiff John Hanson ("Plaintiff') as follows:
1. Pursuant to California Code of Civil Procedure Section 431.30, Defendant generally denies each and every allegation set forth in the Complaint.
2. Defendant further alleges the following separate and distinct Affirmative Defenses to the causes of action alleged in the Complaint:
FIRST AFFIRMATIVE DEFENSE
Plaintiffs Complaint, and every cause of action contained therein, fails to state facts sufficient to state a cause of action.
SECOND AFFIRMATIVE DEFENSES
Plaintiffs claims, and each of them, are barred by the applicable statutes of limitation.
THIRD AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of waiver.
FOURTH AFFIR1v1ATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of unclean hands.
FIFTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, by the doctrine of laches.
SIXTH AFFIRMITIVE DEFENSE
Plaintiff is estopped from asserting any of the claims against Defendant contained in the Complaint by reason of his own acts, omissions, representations and courses of conduct.
SEVENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, because the actions respecting the subject matters in the Complaint were undertaken in good faith, with the absence of discriminatory and/or malicious intent to injure Plaintiff, and constitute lawful, proper and justified means to further the purpose of engaging in and continuing the City's affairs.
EIGHTH AFFIRMITIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, as a result of Plaintiffs failure to exhaust his administrative remedies .
NINTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or in part, because Defendant has not interfered with any protectable property interest alleged in the Complaint.
TENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or part, because the relief sought would improperly interfere with Defendant's discretionary authority.
ELEVENTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are subject to setoff, offset, and/or recoupment, including, but not limited to, for moneys paid to Plaintiff that exceeded any amounts to which he was entitled.
TWELFTH AFFIRMATIVE DEFENSE
Plaintiffs claims, and each of them, are barred, in whole or part, because he was an at-will employee of the City.
THIRTEENTH AFFIRMATIVE DEFENSE
Plaintiff's claims, and each of them, are barred, in whole or in pru1, by the privileges and immunities applicable to public agencies.
FOURTEENTH AF'FIRMATIVE DEFENSE
Plaintiff's Complaint is barred, in whole or in part, by the doctrine of after-acquired evidence.
FIFTEENTH AFFIRMATIVE DEFENSE
Plaintiff has failed to mitigate his damages, if any, as required by law.
SIXTEENTH AFFIRMATIVE DEFENSE
To the extent Plaintiff has suffered physical or mental injuries-including "emotional distress"-because of Defendant's conduct, any such damages suffered by Plaintiff are within the exclusive jurisdiction of the Workers' Compensation Appeals Board by operation of California Labor Code section 3200 et seq.
SEVENTEENTH AFFIRMATNE DEFENSE
Plaintiff's claims, and each of them, are barred, in whole or in part, because Plaintiff ratified, consented, and/or acquiesced to the conduct about which he now complains.
WHEREFORE, Defendant prays as follow:
1. For entry of judgment in favor of Defendant and against Plaintiff;
2. That Plaintiff take nothing by way of his Complaint;
3. That Defendant be awarded costs of suit herein;
4. That Defendant be awarded its attorney fees and costs incurred in defending this suit in accordance with applicable law; and
5. For such other and further relief as this Court may deem just.
DATED: August 18, 2014
STRADLING YOCCA CARLSON & RAUTH
A Professional Corporation
By ______________________
Jeffrey A. Dinkin
Robert D. Dominguez
Attorneys for Defendant City of Carmel-by-the-Sea

Hanson v. City of Carmel Answer of Defendant City of Carmel-By-The-sea
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY
JOHN HANSON Plaintiff, v. CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 100, Defendants
CASE NO. M128436
ANSWER OF DEFENDANT CITY OF CARMEL-BY-THE-SEA

Sunday, August 24, 2014

COMMENTARY The Logical Consequence of Mayor Jason Burnett’s Logic: All City Council Members Should Resign

But calling for Stilwell’s ouster is misguided and misplaced, according to Mayor Jason Burnett, who said Bayne should hold the city council accountable for whatever she finds objectionable.

“She is asking the city council to hold our staff, most notably our city administrator, accountable for decisions that we, the city council, have made,” he said. “I don’t think it’s ethical.”

Instead, it’s the council’s job to “look at the totality of the decisions and judge whether the community is being well served.”


Source: Hundreds sign petition calling for Stilwell to resign
But mayor says things are ‘going well’ at city hall
By MARY SCHLEY, The Carmel Pine Cone, July 25, 2014, 1A & 24A

The aforementioned comments by Mayor Jason Burnett, repeated on numerous occasions subsequently, show a mayor engaged in misdirection - an intentional form of deception in which the attention of the public is focused on one thing in order to distract its attention from another. To wit, the mayor states that it is unethical for the city council to hold the city administrator “accountable” for the decisions of the city council when the fact of the matter is the city council sets policy, the city administrator implements policy and the city council’s duty and responsibility is to hold the city administrator accountable for his record and actions implementing policy.

Furthermore, instead of seriously responding to the specific actions identified on the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR, Mayor Jason Burnett purposely misidentifies the problem as merely “a serious communications problem.” Thus, the City’s hiring of a Public Relations and Media Consultant, the City’s promise to implement a public records act response standard higher than the California Public Records Act, the City’s creation of Carmel City News Blog, et cetera. So, the mayor is not only dismissive about the opinions of constituents, the mayor is attempting to manipulate public opinion about the predetermined policy of supporting City Administrator Jason Stilwell that is counter to what the Petition signers demand of their city government representatives.

Finally, if the Carmel-by-the-Sea mayor and city council have no intention of honoring their duties and responsibilities to their elected positions by holding City Administrator Jason Stilwell accountable for his past actions as articulated in the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR, then by Mayor Jason Burnett’s own logic, Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach, Carrie Theis and Steve Dallas should all resign given the reported fact that on Monday, August 4, 2014, “the council gave it unanimous support to Stilwell.

Written & Published by L. A. Paterson

CITY COUNCIL SPECIAL MEETING AMENDED AGENDA, August 25, 2014

CARMEL-BY-THE-SEA CITY COUNCIL
Special Meeting
Monday, August 25, 2014

Saturday, August 23, 2014

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE STEVEN MCINCHAK Petitioner/Plaintiff, v. CITY OF CARMEL-BY-THE-SEA, JASON STILWELL, CITY ADMINISTRATOR OF THE CITY OF CARMEL-BY-THE-SEA, SUSAN PAUL, ADMINISTRATIVE SERVICES DIRECTOR OF THE CITY OF CARMEL BY-THE-SEA; and DOES 1 through 50, inclusive, Defendants, STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION

ABSTRACT:  STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION document, including EXHIBIT A and EXHIBIT B, filing date 08/15/14, is embedded. This Stipulation is entered into and between plaintiff Steven McInchak (“Plaintiff”) and defendants Jason Stilwell (“Mr. Stilwell”), Susan Paul (“Ms. Paul”) and the City of Carmel-by-the-Sea (“City”) (referred to herein collectively as “Defendants”), through their undersigned counsel. The parties hereby stipulate to the following:
WHEREAS, Plaintiff filed a Motion to Remand Case to State Court on August 1, 2014;
WHEREAS, Defendants filed a Motion to Strike Certain Claims of Plaintiff’s Petition-Complaint Pursuant to California Code of Civil Procedure Section 425.16 (“Anti-SLAPP Motion”) on August 1, 2014;
WHEREAS, Defendants find it agreeable to remand this action to state court and withdraw the Anti-SLAPP Motion in exchange for Plaintiff agreeing to (i) dismiss Mr. Stilwell and Ms. Paul entirely from this action, without prejudice; and (ii) amend Plaintiff’s Petition-Complaint filed on June 4, 2014 (“Original Complaint”) to delete certain language alleging violations of federal law and the U.S. Constitution.
THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:
1. Plaintiff and Defendants agree to an order of the Court remanding the above-captioned action to the Superior Court of California, Monterey County.
2. Within 20 court days after the federal court clerk issues the order of remand to the clerk of the Superior Court of California, Monterey County (“Notice of Remand”), Plaintiff shall dismiss Mr. Stilwell and Ms. Paul from the above-captioned action, without prejudice, by filing requests for dismissal substantially in the form of Exhibit “A” and Exhibit “B” attached hereto.
3. Within 20 court days after the Notice of Remand, Plaintiff shall file an amended complaint in this action, which amended complaint shall have deleted all language related to federal law and the United States Constitution located in paragraph 18, at page 7, lines 25 through 26 of the Original Complaint but shall otherwise be identical to the Original Complaint.
4. Within 20 court days after the Notice of Remand, Defendants shall withdraw their Anti-SLAPP Motion without prejudice.
5. Nothing in this stipulation or Defendants’ withdrawal of their Anti-SLAPP Motion shall be construed as a waiver of any right, cause of action or defense by any party.
6. This stipulation may be executed in multiple parts, each of which when so executed shall be deemed an original and all of which taken together shall constitute one and the same stipulation.
DATED: August 15, 2014 STONER WELSH & SCHMIDT
By: /s/ Michelle Welsh
Michelle Welsh
Attorney for Plaintiff
STEVEN MCINCHAK
DATED: August 15, 2014 STRADLING YOCCA CARLSON & RAUTH
A Professional Corporation
By: /s/ Allison E. Burns
Jeffrey A. Dinkin
Allison E. Burns
David C. Palmer
Attorneys for Defendants
CITY OF CARMEL-BY-THE SEA; JASON STILWELL; SUSAN PAUL

STIPULATION RE REMAND OF CASE DISMISSAL OF DEFENDANTS STILWELL AND PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION...

STIPULATION RE REMAND OF CASE, DISMISSAL OF DEFENDANTS JASON STILWELL AND SUSAN PAUL AND WITHDRAWAL OF ANTI-SLAPP MOTION

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT, REGULAR MEETING, AGENDA & MINUTES August 25, 2014


AGENDA PACKET, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
August 25, 2014

Thursday, August 21, 2014

City Administration Launches ‘Carmel City News’ Blog

ABSTRACT:  “WE ARE really excited,” city administrator Jason Stilwell said in an email to all city employees Thursday morning. “For the past two years, we have all worked together to make progress in the City of Carmel.” He was announcing the launch of www.CarmelCityNews.com.  “As a team member, you know about the changes and the progress. However, outside of city hall, not many really know about what has taken place,” Stilwell continued. “We’ve been a bit too focused on getting things done and not focused enough on sharing that progress with our neighbors in Carmel.”  The blog, he said, will keep locals “informed on everything that’s happening in our community,” including updates and changes in the city, arts and events, and goings on at the police department. “It’s clear to us that residents of Carmel consistently want to know more as we work to make the necessary changes and fix the problems we face,” Stilwell wrote. He asked employees to provide information about their departments for inclusion on the blog, and said it also includes a “Pic of the Week” competition “and a section dedicated to dogs and dog lovers called ‘Wags n’ Tags,’” to offer a “lighter side,” according to the news article entitled "City launches its own news service," The Carmel Pine Cone, August 22, 2014.
City News, The Arts, Village Business, Our Village, Crime Blotter, Wags ‘n Tags and Weekly Pic are featured sections. City News features Carmel-by-the-Sea Restroom Project Update (posted August 20, 2014), Carmel City Council Seeks Public Input on Information Technology (posted August 20, 2014), California Wildfires Report (posted August 12, 2014), Carmel-by-the-Sea Community Services (posted August 12, 2014), Carmel-by-the-Sea Fourth Quarter Report (posted August 11, 2014), Carmel-by-the-Sea Key Initiatives (posted August 11, 2014), Community Conversation with Carmel City Administrator Stilwell (posted August 11, 2014), Carmel Community and Employee Recognition (posted August 11, 2014), Community Planning and Building Hours (posted August 11, 2014), Conde Nast Selects Carmel as 2nd Best Small City (posted August 11, 2014) and Drought Update (posted August 11, 2014). And The Arts features Forest Theater Guild Summer Film Series (posted August 12, 2014), Carmel Public Library Foundation Programs (posted August 11, 2014) and PacRep Announces “Shrek the Musical” (posted August 11, 2014).  Our Village features Carmel-by-the-Sea’s First Fire Truck (posted August 21, 2014), Carmel-by-the-Sea Garden Club Update (posted August 20, 2014), Carmel-by-the-Sea Farmers Market (posted August 11, 2014), Carmel by the Sea Upcoming Events (posted August 11, 2014) and Beach Cleanliness (posted August 11, 2014).

REFERENCE:
City launches its own news service
By MARY SCHLEY, The Carmel Pine Cone, August 22, 2014, 1A & 9A

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE

ABSTRACT:  Re: In the Matter of the Application of California American Water Company (U 210 W) for Approval of the Monterey Peninsula Water Supply Project and Authorization to Recover All Present and Future Costs in Rates, ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE document is embedded. The updated schedule is set forth below.

                        CPCN Track
Certificate of Public Convenience and Necessity
                       CEQA Track
California Environmental Quality Act


No later than
January 30, 2015
DEIR circulated for
comment
15 days after
issuance of
DEIR (no later
than February
17, 2015)
Cal-Am to file and serve a common outline for legal and policy briefs, after consultation with parties




45 days after
issuance of DEIR
(no later than
March 16, 2015)
Comments on DEIR due
60 days after
issuance of
DEIR (no later
than April 1,
2015)
Common Outline
Opening Briefs
filed and served on
legal and policy
issues


75 days after
issuance of
DEIR (no later
than April 16,
2015)
Reply Briefs filed
and served on legal
and policy issues


July 2015
Phase 1 of the
Proceeding
submitted with the
publication of the
FEIR
July, 2015
(no later than
July 30, 2015)
FEIR published
3rd Quarter
2015
Phase 1
Proposed Decision
addressing
certification of FEIR
and issuance of
CPCN


3rd Quarter
2015
Target for
Commission Action
on Phase 1
Proposed Decision



Importantly, “The CPUC Energy Division has encountered delays that we believe will make it impossible for us to meet the scheduled 3rd quarter 2014 publication date for the Monterey Peninsula Water Supply Project (MPWSP) Draft Environmental Impact Report (EIR).  Energy Division accordingly requests a four-month extension of the schedule to allow the MPWSP EIR team to complete the necessary analyses and adequately address the technical issues surrounding the project. With the extension, publication of the MPWSP Draft EIR would occur in January 2015 and certification of the Final EIR in July 2015.”