Saturday, October 18, 2014

CITY COUNCIL, FOREST AND BEACH COMMISSION, COMMUNITY ACTIVITIES & CULTURAL COMMISSION, HISTORICAL RESOURCES BOARD, PLANNING COMMISSION SPECIAL WORK-STUDY SESSION AND CLOSED SESSION OF THE CITY COUNCIL, October 21, 2014

ABSTRACT: The CITY COUNCIL, FOREST AND BEACH COMMISSION, COMMUNITY ACTIVITIES & CULTURAL COMMISSION, HISTORICAL RESOURCES BOARD, PLANNING COMMISSION SPECIAL WORK-STUDY SESSION AND CLOSED SESSION OF THE CITY COUNCIL, October 21, 2014, Agenda Packet is embedded.  Regarding SPECIAL WORK-STUDY SESSION, Council Report Highlights:
EXECUTIVE SUMMARY: The City retained Cody Anderson Wasney Architects in August 2014 to assess the Forest Theater and make recommendations regarding the improvements required to reopen the facility (“Triage Phase”). The purpose of this meeting is to receive an update by Chris Wasney on the needs assessment of the Theater, including the proposed mitigations to address current deficiencies and the estimated costs of the various mitigations.  This item also requests the consideration of the approval of the plan and authorizing staff, working with the architect, to move forward in preparing construction documents needed to obtain permits and prepare for bidding of the project so that it can reopen in spring 2015.
The estimated cost includes construction items related to structural, electrical, inadequate exiting, inadequate lighting and inadequate accessibility, and associated architectural and other fees. At this time, the estimate is $1,379,523.
RECOMMENDATION(S):
(A) Receive an update on the Forest Theater.
(B) Authorization for the Project to move forward for preparation of Construction Documents, Permits and Bidding.
AGENDA PACKET
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL, FOREST AND BEACH COMMISSION, COMMUNITY ACTIVITIES & CULTURAL COMMISSION, HISTORICAL RESOURCES BOARD, PLANNING COMMISSION
SPECIAL WORK-STUDY SESSION AND CLOSED SESSION OF THE CITY COUNCIL
Tuesday, October 21, 2014 – 4:00 p.m.

Thursday, October 16, 2014

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE FOR PHASE 2

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 FOR PHASE 2 document is embedded. Phase 2 Schedule (Revised), as follows:
November 6, 2015: Phase 2 (GWR decision phase) commences with testimony of interested parties
November and December 2015: Settlement discussions
December 18, 2015: Concurrent Rebuttal Testimony
January 2016: Evidentiary Hearings
February 2016: Briefing
May 2016: Target for Phase 2 Proposed Decision
June 2016: Target for Commission action on Phase 2 Decision
Filing Date 10-16-14
ADMINISTRATIVE LAW JUDGE’S RULING UPDATING SCHEDULE FOR PHASE 2

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 DIRECTOF OF THE CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 50, inclusive, Defendants, ORDER REMANDING ACTION TO STATE COURT PER STIPULATION

ABSTRACT:   In 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 DIRECTOF OF THE CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 50, inclusive, Defendants, CASE NO. 5:14-cv-03084, ORDER REMANDING ACTION TO STATE COURT PER STIPULATION document is embedded. IT IS HEREBY ORDERED THAT:
1. The Stipulation be entered.
2. Pursuant to the Stipulation, the above-captioned action is hereby remanded to the Superior Court of California, Monterey County. The federal court clerk is ordered to send a certified copy of this order of remand to the clerk of the Superior Court of California, Monterey County.
DATED: 8/29/14
Ronald M. Whyte
JUDGE OF THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
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 DIRECTOF OF THE CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 50, inclusive, Defendants
CASE NO. 5:14-cv-03084
ORDER REMANDING ACTION TO STATE COURT PER STIPULATION

Wednesday, October 15, 2014

FRANCHISE AGREEMENT BETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES, JUNE 19, 2014: The Apparent Result of Then-City Administrator Jason Stilwell’s Bias Against Waste Management & Favoritism of GreenWaste Recovery, Inc.

SYNOPSIS:
While then-City Administrator Jason Stilwell negotiated cost reductions of from 44% to 14% over current Waste Management rates with GreenWaste Recovery, Stilwell adopted an “all or nothing” negotiation tactic over exceptions with Waste Management.  The “all of nothing” tactic was supported by the City Council at its Regular City Council Meeting, February 2014, as follows:

C. Consideration of Resolution Authorizing the City Administrator to Initiate Negotiations with Green Waste Recovery for Franchised Solid Waste, Recycling and Organics Collection Services.

Vice Mayor TALMAGE moved to negotiate with the two parties predicated upon Waste Management removing the majority of all the exceptions it took to the model franchise agreement including the removal of all of the exceptions considered to be "high" or "medium" by February 18, 2014. Motion seconded by Council Member HILLYARD and carried unanimously.

With regard to Waste Management, the public record indicates a lack of negotiations between the City and Waste Management even after the Public Workshop, March 31, 2014, when the city council gave direction to Stilwell to negotiate with both GreenWaste Recovery and Waste Management.
 
ABSTRACT:  Analysis of correspondence between the City of Carmel-by-the-Sea and Waste Management in 2014 shows that Waste Management/ Carmel Marina Corporation submitted “the most price competitive of all bidders and one that will translate to the most savings, reasonable rates and services for the citizens of Carmel-by-the-Sea,” according to Waste Management/ Carmel Marina Corporation.  Furthermore, on February 18, 2014, Alex Oseguera, Vice-President and General Manager, Waste Management, Northern CA/Nevada Area wrote City Administrtor Jason Stilwell stating “It is unfortunate that we were penalized for reviewing the document and wanting to be entirely transparent (up front) as we enter into negotiations. Attached with this letter please find the past responses that were provided to the City's Consultant addressing specific exceptions and that demonstrate our flexibility and willingness to negotiate terms.”
“Carmel Marina Corporation submitted a proposal that is the most price competitive of all bidders and one that will translate to the most savings, reasonable rates and services for the citizens of Carmel-by-the-Sea. We strongly believe that our exceptions should not be the sole reason for not considering CMC as the winner.”
And, as Felipe Melchor, District Manager, Waste Management Carmel-Marina Corporation wrote City Administrator Jason Stilwell on April 4, 2014, “As mentioned in our Feb 18 letter, Carmel Marina Corporation/Waste Management is and will be reasonable as it negotiates all terms and conditions, including the exceptions.  We believe that the items that we have raised regarding the RFP document will result in a contract that is fair and equitable for both parties, and it was our intention after reviewing the document to be entirely transparent (up front) as we enter into negotiations.”
“We strongly believe that our exceptions should not be the sole reason for not negotiating with WM. We are willing to provide clarity for each exception, and work with the city to discuss the exceptions that are of most concern to the city attorney.”

Yet, on April 7, 2014, after the March 31, 2014 Public Workshop, Subject: Trash and Recycling Services, City Administrator Jason Stilwell wrote an email to Emily Hanson, GreenWaste Recovery, stating “You all need the week to sort out what happened last week. We aren't in a good spot. The workshop was to solicit public input to refine negotiation strategy not to negotiate terms with the city council.”
“I have copied Yvette in my office to assist in scheduling a future meeting but I think Sharon, Rob, and GWR need to figure out how to get the framework for negotiations back. My schedule is not very flexible this week. I think it would be a mistake to involve a subset of the elected officials in the negotiations; that is what happened last week which is why Waste Management is back in the picture. Jason”
“AFTER MORE than 30 years serving residents and business owners in town, Waste Management will be replaced by GreenWaste Recovery, the Carmel City Council unanimously voted Tuesday (June 17, 2014). The new franchise agreement will begin next summer and run for 15 years, at an overall cost of about $30 million to customers,” according to reporting in The Carmel Pine Cone.  And. “Most residents will see their rates increase by 14.4 percent over what they pay now, according to public services director Sharon Friedrichsen.”
Correspondence document between the City and Waste Management regarding a franchise agreement is embedded. And the FRANCHISE AGREEMENT BETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES, JUNE 19, 2014 document is embedded.

City Council Workshop - Mar 31st, 2014

ADDENDUM: Mayor Jason Burnett has told as least one Carmelite that Waste Management withdrew from negotiations with the City over an Agreement.  That statement is untrue and incorrect as the correspondence demonstrates and as confirmed by Waste Management.
Correspondence between the City and Waste Management regarding a Franchise Agreement
Including email correspondence between City Administrator Jason Stilwell and Emily Hanson, GreenWaste Recovery
2014
 FRANCHISE AGREEMENTBETWEEN CITY OF CARMEL-BY-THE-SEA AND GREENWASTE RECOVERY, INC. FOR SOLID WASTE, RECYCLING, AND ORGANICS COLLECTION SERVICES
JUNE 19, 2014

NOTE: Exhibit G3 - Initial Rates for Collection Services
Residential Rates (Includes Solid Waste, Recyclable Materials, and Yard Trimmings)

Size Vol Total Rate
20 Gal $ 26.60
32 Gal $ 29.56
64 Gal $ 46.73
96 Gal $ 59.24

REFERENCE:
City hires new garbage company
By MARY SCHLEY, The Carmel Pine Cone, June 20, 2014, 5A

Monday, October 13, 2014

COMMENTARY A Plausible Psychological Explanation: Why the Mayor & City Council Members Do Not Listen to the Concerns of Their Constituents

councilwoman Victoria Beach read aloud Clause 9 — the requirement to protect Stilwell’s professional reputation — and asked for help honoring it, even though the clause has nothing to do with the public, the media or anyone not in an official position with the city.  “I’m asking the public to help with this Clause 9.  It’s what we pledged to do; what we are obligated to do,” she said.  “We hope they will help us to do that.”

Theis said they “really took into consideration how necessary it was to make sure that we treated everyone respectfully.”
“This is not an easy situation to be in, and it took hours to work out and to get to this point,” she continued. “I think the public has suffered, but as council members and city attorney, it hasn’t been an easy time, either.”

Councilman Ken Talmage said the $25,000 to $30,000 extra is in exchange for the “full release of all known information and a smooth transition to a new city administrator who’s already on the job, and closure on this matter,” he said. “We would not have been able to move forward as promptly as we did in hiring a new city administrator.”

“This is a business decision,” he (Mayor Jason Burnett) said. “In this case, it comes down to whether it’s worth the $25,000 to $30,000 that this agreement provides beyond the contract, and in my judgment, it’s worth it and a lot more to this organization that we have a new city administrator as of yesterday.”


Source: Agreement: Council won’t take Stilwell to court or impugn his reputation, By MARY SCHLEY, The Carmel Pine Cone, October 10, 2014, 1A & 15A

The aforementioned statements by Mayor Jason Burnett and City Council Members Victoria Beach, Carrie Theis and Ken Talmage, specifically referring to protecting “Stilwell’s professional reputation,” treating everyone “respectfully,” $30,000 extra for “closure on this matter” and “a new city administrator as of yesterday,“ reflect a mayor and city council members attentive to the concerns of Jason Stilwell and themselves.  But, during 2013, with city employees being placed on paid administrative leave, fired or resigned, including Linda Macdonald, Children’s Librarian (Fired, March 2013), Molly Laughlin, Deputy City Clerk (Fired, March 2013), Art Black and Tim Meroney (Suspended Inspections Agreement, April 2013), John Hanson, Building Official (Paid Administrative Leave, June 2013; Fired August 2013), Steve McInchak, IT Manager and Rose Franzen, Computer Tech (Paid Administrative Leaves, June 2013; Criminal Investigation of McInchak “Closed,” December 2013, Administrative Investigation “Ongoing”), Heidi Burch, Assistant City Administrator/City Clerk (Resigned, October 2013), Margi Perotti and Leslie Fenton, Administrative Coordinators, Community Planning & Building Department (Paid Administrative Leaves, October 2013; Fired April 2014) and Catherine Raynor, City Clerk (Terminated Employment, July 2014), the mayor and then-city council members were inattentive to their concerns.  Moreover, in 2013 and 2014, the mayor and city council members did not listen to the concerns of their constituents. Why? Recent psychology research may explain why. 

In “Wealth and the Inflated Self: Class, Entitlement, and Narcissism,” Personality and Social Psychology Bulletin 2014, Vol. 40 (1) 34 –43, Paul K. Piff, Assistant Professor of Psychology & Social Behavior, University of California, Irvine, Department of Psychology and Social Behavior (Ph.D., University of California, Berkeley), wrote about his research aimed at testing his hypothesis that ”upper-class individuals will exhibit increased narcissism and will do so, in part, because of their increased sense of entitlement.” “Narcissism is a multifaceted construct characterized by an inflated view of the self, a self-aggrandizing and dominant orientation toward others, increased grandiosity, and heightened feelings of uniqueness and individualism (Emmons, 1984; Raskin & Terry, 1988; Twenge et al., 2008). One of the primary determinants of narcissism is psychological entitlement (Brown, Budzek, & Tamborski, 2009)—a sense that one deserves more and is more important than others (Campbell, Bonacci, Shelton, Exline, & Bushman, 2004). Entitlement is a global and pervasive dimension of the self-concept that orients the individual toward maintaining an enhanced status vis-à-vis others and, as such, is a primary motivator of narcissistic tendencies (Brown et al., 2009; Campbell et al., 2004; Exline, Baumeister, Bushman, Campbell, & Finkel, 2004).”

Five studies demonstrated that higher social class is associated with increased entitlement and narcissism. Upper-class individuals reported greater psychological entitlement (Studies 1a, 1b, and 2) and narcissistic personality tendencies (Study 2), and they were more likely to behave in a narcissistic fashion by opting to look at themselves in a mirror (Study 3). Finally, inducing egalitarian values in upper-class participants decreased their narcissism to a level on par with their lower-class peers (Study 4),” according to the research.

Arguably then, some of the City of Carmel-by-the-Sea’s city council members exhibit narcissistic tendencies attributed, in part, to their increased sense of entitlement.  Narcissism and a sense of entitlement can explain, in part, how it was that the mayor and city council members, despite city employees being placed on paid administrative leaves, firings and resignation, and vocal concerns expressed by constituents, praised Jason Stilwell’s performance, extended his contract to 2017 with a raise in salary and benefits in December 2013, refused to consider the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR seriously and, to this day, continue in office without any publicly articulated thoughts about their own culpability for the Jason Stilwell/Susan Paul “reign of terror at city hall” and reasons why, for accountability purposes, they deserve to continue representing Carmelites as city council members.

Only, as supported by the findings in Study 4, when narcissistic and entitled individuals are reminded of egalitarian ideals do they begin to think of others, empathize with others and listen to other individuals’ viewpoints and concerns.  Needless to say, constituents should not have to remind their elected city council members of their duties, responsibilities and obligations, but we, the people, must constantly remind our city council members that they are in their respective positions of governmental power to represent us, the people, not themselves, and to do what is in the best interest of the community and, we, the people, they took a oath to serve.
 
REFERENCES:
Wealth and the Inflated Self: Class, Entitlement, and Narcissism, Paul K. Piff
Personality and Social Psychology Bulletin 2014, Vol 40 (1) 34 –43

Science
Study finds wealth gives rise to a sense of entitlement and narcissistic behaviors
Eric W. Dolan
25 Aug. 2013

Does This New Study Explain Why Politicians Don't Listen?
By Arthur Stern  August 28, 2013, News.Mic

Written & Published by L. A. Paterson

Saturday, October 11, 2014

Carolina Digiovanni Bayne: ‘The woman behind the Carmel 'revolt'’

ABSTRACT:  Carolina Digiovanni Bayne is featured in an article entitled “The woman behind the Carmel 'revolt,” by Thomas Leyde,, The Monterey County Herald, 10/10/2014.  “A Carmel resident since 1972, Bayne and her husband, Rodney, a Realtor who died in 1996, raised their three children in the village. The master gardener and former nurse says she is not easily intimidated or one to back away from a fight,” according to the reporting. Tellingly, "If I see what I perceive as an injustice, I'm going to speak up," she said. "I don't like bullies. I never have since I was a little kid. I remember one boy was bullying me and I turned around and beat the hell out of him."

REFERENCE:
The woman behind the Carmel 'revolt'
Carolina Digiovanni Bayne confident things will improve at City Hall
By Tom Leyde, The Monterey County Herald, 10/10/2014