Ten Noteworthy 3 December 2013 City Council Agenda Items

ABSTRACT: Ten Noteworthy3 December 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Ratify direction given to staff relative to Parking Management Workshop discussion of November 4, 2013, Receive Public Records and Media Request Log, Receive and file update on upcoming General Municipal Election to be held on April 8, 2014, Receive and file the 2013 Pavement Management Program update report, Consideration of a Resolution authorizing the City Administrator to amend an existing contract with MarTech Inc., for on-going Information Technology Support Services , Consideration of Resolution adopting and including performance indicators for the Sunset Center Inc. Operating Agreement, Discussion of parking analysis and provide direction and Consideration of a Resolution amending Employee Agreement of City Administrator, are presented. Supporting materials are embedded. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, December 2, 2013

4:30 p.m., Open Session

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

Live & Archived Video Streaming

 

II. Roll Call

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.
A. CONFERENCE WITH LEGAL COUNSEL- PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property strategy negotiations regarding the Lease of Flanders Mansion (APN 010-061-005)

B. PUBLIC EMPLOYEE- PERFORMANCE EVALUATION
Pursuant to Government Code § 54957 (b) 1.
Title: City Administrator

C. Announcements from City Administrator.

1. Update on Key Initiatives
2. Summary Report from Monday's Workshop
3. Agenda Forecast
4. Introduction of New Employees

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

 A. Ratify direction given to staff relative to Parking Management Workshop discussion of November 4, 2013.

Ratify Direction Given to Staff Relative to Parking Management Workshop 12-03-13

F. Receive Public Records and Media Request Log.

Public Records Request Log 12-03-13

G. Receive and file update on upcoming General Municipal Election to be held on April 8, 2014.

Receive Update on Upcoming General Municipal Election to Be Held on April 8, 2014 12-03-13

K. Receive and file the 2013 Pavement Management Program update report.

Receive and File the 2013 Pavement Management Program Update Report 12-03-13

 

O. Consideration of a Resolution authorizing the City Administrator to amend an existing contract with MarTech Inc., for on-going Information Technology Support Services.

Resolution Authorizing the City Administrator to Amend an Existing Contract with MarTech Inc. for IT Suppor...

P. Consideration of Resolution adopting and including performance indicators for the Sunset Center Inc. Operating Agreement.

Resolution adopting and including performance indicators for SCC Operating Agreement 12-03-13.pdf

VIII. Orders of Council

A. Discussion of parking analysis and provide direction.

Discussion of parking analysis and provide direction 12-03-13.pdf

B. Consideration of a Resolution amending Employee Agreement of City Administrator.

Resolution Amending the Employment Agreement of City Administrator Jason Stilwell 12-03-13.pdf

CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop, December 2, 2013

CARMEL-BY-THE-SEA CITY COUNCIL

Tour, Closed Session and
Public Workshop

Monday, December 2, 2013-4:00 p.m.,
with workshop to follow at 5:30 p.m.
Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues

 

ABSTRACT: On Monday, December 2, 2013, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour and Closed Session beginning at 4:00 P.M. and a Public Workshop at 5:30 P.M. Subject: Key Initiatives for 2014. The Tour, Closed Session and Public Workshop Agenda document is embedded.

 

Tour, Closed Session and Public Workshop 12-02-13 CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and Public Workshop
Monday, December 2, 2013

MINUTES for Six Noteworthy 5 November 2013 City Council Agenda Items

MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
November 5, 2013

 

II. PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and Mayor Burnett.

ABSENT: None

STAFF PRESENT: Jason Stilwell, City Administrator
Don Freeman, City Attorney
Daryl A. Betancur, Deputy City Clerk
Mike Calhoun, Public Safety Director

Susan Paul, Administrative Services Director
Sharon Friedrichsen, Public Services Director
Rob Mullane, Community Planning & Building Services Director
Marc Wiener, Interim Senior Planner

V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A. Announcements from Closed Session


A. CONFERENCE WITH LEGAL COUNSEL- LABOR NEGOTIATIONS

Pursuant to Government Code Section§ 54957.6 (a).
Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Stilwell to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

B. CONFERENCE WITH LEGAL COUNSEL- PROPERTY NEGOTIATIONS

Pursuant to Government Code § 54956.8
Property strategy negotiations regarding the Lease of Flanders Mansion (APN 010-061-005)

C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION

Pursuant to Government Code§ 54956.9(a)
City of Carmel-by-the-Sea vs. County of Monterey, Superior Court of the State of California Case No. M12513

D. PUBLIC EMPLOYEE- PERFORMANCE EVALUATION

Pursuant to Government Code § 54957 (b) 1.
Title: City Attorney

City attorney, Don Freeman, read the items into the record and stated that there are no reports for the public for any of the closed session items, except for item D where there may be an announcement.

Mayor Burnett indicated that item D relates to the performance evaluation of the City Attorney and praised Mr. Freeman for his 30 years of service to the City.

C. Announcements from City Administrator.

1. City Administrator Stilwell announced that Mr. David Stoldt1- General Manager of the Monterey Peninsula Water Management District is here to give a presentation and update on the water supply projects. Mr. Stoldt presented a PowerPoint presentation highlighting the following: supply gap, how litigation was turned into collaboration, legislation, public outreach and the bond issue.

There were several questions and comments from council which were answered by and responded to by Mr. Stoldt.

Mayor Burnett made three announcements relative to this topic as follows: I) RFP process for selecting a design-build firm for the Desai facility; 2) spoke relative to the test wells for the source water and the construction season and it looks like Cal Am for a variety of reasons is not going to meet that window; and 3) on the Ground Water Recycling project that the Water Authority is engaging with the Water Management District and the Pollution Control District to figure out where the key impediments on that project moving forward are.

2. Summary Report from Monday's Workshop

City Administrator Stilwell provided the staff report indicating that the workshop was on parking management and that in summary there is a parking problem or at least a perception of a problem; there is an economic impact and quantitative value to the parking issue to the community; more demand than supply in the commercial corridor; spoke about policy goals, expense to the community in terms of impact to community and businesses and the environment; and that he will return to the City Council with action items in December.

3. Agenda Forecast- Mr. Stilwell made brief comments relative to the forecast highlighting projects related to key initiatives and when these will be coming forward.

4. City Administrator Stilwell commented on the Conde Nast reader's choice award-2013 rankings and stated that Carmel was in 6th place for all US cities with an overall rating of 79.

5. ADD-ON- City Administrator Stilwell made brief comments about the gourmet fest event and asked David Fink to provide a brief report. Mr. Fink presented a brief report indicating the details of what the proposed gourmet fest will be like, where it will be held and specific dates. Mr. Fink stated that the event is to be held March 27-30, 2014; and that a formal press release will be issued next month.

VII. CONSENT CALENDAR

F. Receive Public Records and Media Request Log.

Mayor Burnett read the consent calendar items into the record and asked if members of the City Council wished to pull any items. Seeing none, he asked members of the public if anyone wished to pull any items, seeing none, he entertained a motion to approve the consent calendar with supplemental information on Item M, corrections to the minutes of October 8, 2013 and correction to Item C, the ROW workshop summary.

Mayor Pro Tern TALMAGE moved to approve the Consent Calendar items A-M with the noted adjustments to the three items. Motion seconded by Council Member BEACH and carried unanimously.
 

VIII. ORDERS OF COUNCIL

A.  Received first Quarter Financial Report.

City Administrator Stilwell provided the staff report highlighting both the summaries included in the report in terms of the revenues and expenditures. He also made brief comments about the capital improvement projects.

Council Member Theis stated that she appreciates the list of capital projects, which gives a good summary of the on-going and future projects.

Council Member Beach spoke about the parking workshop held the night before and how fantastic it was.

Mayor Pro Tern Talmage spoke about the capital projects in relation to the work that is going on currently. He indicated that the City is trying to complete these projects before the rainy season.

Mayor Burnett opened the meeting to public comment at 5:58 p.m.

Barbara Livingston- made brief comments about the update to the key initiatives for 2014.

Seeing no further comments, Mayor Burnett closed the meeting to public comment at 5:59 p.m.

Mayor Burnett indicated that there will be a workshop on the key initiatives on December 2 during the Council Workshop at 5:30p.m.

Council Member HILLYARD moved to receive and file the 1st quarter financial report. Motion seconded by Mayor Pro Tern TALMAGE and carried unanimously.

B. Consideration of an appeal of the Planning Commission's decision to deny a Design Study Application (DS 13-33) for the replacement of an existing wood shingle roof with composition shingles on a residence located on Dolores Street 4 parcels southeast of 10th Avenue, in the Single-Family Residential (R-1) Zoning District. The application is being appealed by the property owner, David Goldenson.

Marc Wiener, Interim Senior Planner presented the staff report and stated that staff recommends denying the appeal.

Council members asked several questions in relation to the single roof proposal.
Mr. David Goldenson, the appellant made several comments relative to watching the city council video; and clarified the record on what was said at the last meeting pertaining to the houses on each side to his.

Mayor Burnett opened and closed to public comment at 6:11 p.m.

Barbara Livingston - offered that in recent years the design guidelines have tightened and that these provide guidance.

Seeing no further public comments, Mayor Burnett closed the meeting to public comment at 6:13p.m.

Members of the City Council engaged in a substantive discussion about the appeal with Mr. Goldenson and Interim Senior Planner Wiener answering council's questions.

Council Member BEACH moved to deny the appeal and uphold the decision of the Planning Commission. Motion seconded by Council Member HILLYARD and carried by the following roll call:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE & MAYOR BURNETT

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN:COUNCIL MEMBERS: NONE

E. Consideration of a Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan.

Susan Paul, Administrative Services Director presented the staff report indicating that the final plan includes five goals and that there are eight IT initiatives.

There were several comments and questions from council with Mayor Pro Tern Talmage stating that the four needs on page 6 of the report is exactly what we want and to keep it simple; and to focus on core competencies.

Mayor Burnett opened /closed the meeting to public comment at 8:43p.m.

Mayor Burnett further commented that he would like to see the Granicus system expanded to all Boards and Commissions and as it relates to the mission/vision statement, he made a suggestion that he does not want the technology itself to be innovative and not a focus on the technology but on the use of the technology and asked how this is incorporated into the vision statement before the council. Susan Paul, Administrative Services Director stated she will make that change as requested.

Council Member HILLYARD moved to adopt the Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology IT) Strategic Plan. Motion seconded by Council Member THEIS and carried unanimously.

DOWNTOWN PARKING ANALYSIS (November 4, 2013) & Downtown Parking Analysis and Parking Recommendations – Draft, Carmel-by-the-Sea, California, WALKER PARKING CONSULTANTS (October 28, 2013)

ABSTRACT: The DOWNTOWN PARKING ANALYSIS (November 4, 2013) & Downtown Parking Analysis and Parking Recommendations – Draft, Carmel-by-the-Sea, California, WALKER PARKING CONSULTANTS (October 28, 2013) document is embedded; the Executive Summary of the WALKER PARKING CONSULTANTS Draft Downtown Parking Analysis and Parking Recommendations is reproduced.
Recommendations of the DOWNTOWN PARKING ANALYSIS, November 4, 2013:

·         Implement paid parking for the most impacted on-street parking spaces;

·         Consider increasing or eliminating the time limit in exchange for paid hourly pricing;

·         Use multispace meters and/or pay-by-cell technology to minimize the aesthetic impact on the sidewalk.

·         Decrease the price or eliminate paid parking in the Sunset Lot;

·         Improve signage directing the public to use the Sunset and Vista Lobos parking lots, which are underutilized;

·         Lease additional available off-street parking spaces from private entities for use by the public;

·         Increase the level and/or efficiency of enforcement by updating parking enforcement technology.

·         Tier citation pricing, with higher prices per citation for habitual offenders.

·         Consider an “ambassador” style enforcement policies that emphasize compliance and customer service over citation issuance.

·         Encourage the use of alternative transportation modes by employees. Incentives could include bicycle parking in existing off-street parking facilities, subsidized transit passes, or potentially a shuttle to serve employees who work in the area. These policies do not need to serve all employees to be effective.

 

Downtown Parking Analysis and Parking Recommendations - Draft, Carmel-by-the-Sea, California, WALKER PARKING CONSULTANTS, October 28, 2013
RECOMMENDATIONS

·         On-street parking in Carmel-by-the-Sea‘s commercial district experiences a consistently high demand for on-street parking;

·         A significant number of parking spaces for visitors are being used by long-term parkers;

·         There is a need to redistribute some parked vehicles from high demand to lower demand locations;

·         The lack of available on-street parking is a greater detriment to the district than a modest fee for parking;

·          Given the mix of businesses, a two-hour time limit is arguably arbitrary and visitors would benefit from the ability to spend more time in the district;

·         A longer time limit by itself could result in more long-term parkers utilizing short-term spaces; and

·         Cities comparable in nature to Carmel have turned to paid parking in order to manage parking demand in their commercial districts.
 Based on these conclusions we believe that paid parking would greatly improve parking and (traffic) circulation in the district

RECOMMENDED POLICY

Implement paid parking in spaces along the busiest commercial blocks in order to make spaces available for shorter-term (customers) rather than longer-term (business owner and employee) parkers while providing flexibility for the length of stay and eliminating the arbitrary time limit for those customers that wish to stay longer.

METHODS OF IMPLEMENTING PAID PARKING 

RECOMMENDED: PAY-BY-CELL

TYPES OF MULTI-SPACE METERS
RECOMMENDED: PAY BY PLATE
RECOMMENDED: RESIDENTIAL PARKING PERMIT

DRAFT PARKING ANALYSIS AND RECOMMENDATIONS
CARMEL-BY-THE-SEA
WALKER PARKING CONSULTANTS
OCTOBER 28, 2013

EXECUTIVE SUMMARY

Walker Parking Consultants (Walker) conducted a quantitative analysis of parking demand and supply in the downtown district of Carmel-by-the-Sea. Among our quantitative findings were the following:

·         Peak parking demand was observed on a weekend (Saturday) afternoon during which time the occupancy rate for the combined on- and off-street parking system was 87%.

·         The on-street parking occupancy during the (Saturday afternoon) peak was 90% but approximately two-thirds of the blocks in the area studied exceeded 90% occupancy during the peak, effectively resulting in a lack of available on-street parking along most streets in the commercial core. Peak occupancy conditions during the weekday count were essentially the same for on-street parking though lower for off-street parking.

·         The on-street parking supply of two-hour and unrestricted parking spaces was found to have a deficit of 70± spaces during the peak.

·         During the lunch time peak, 39 of 92 parking spaces surveyed hourly along Ocean Avenue and Dolores Street were occupied by cars staying 3+ hours, this despite time limits ranging from 30 minutes to two hours. 24 of these spaces were occupied by cars staying 4+ hours; we conclude from this data that, despite a diligent enforcement effort, long-term parkers are occupying a significant number of spaces designated for visitors and customers.

·         Even during the periods of the highest parking occupancy rates, parking spaces were found to be available in City-owned off-street parking facilities and on-street parking spaces not in the immediate center of the commercial district.

·         Carmel-by-the-Sea‘s parking challenges are more an issue of an imbalance of parking demand rather than a shortage of spaces; available spaces exist but proper policies are needed to redistribute parking demand and increase the availability of parking spaces in the busiest locations.

The overall, peak occupancy rate of the parking system in Downtown Carmel is among the highest we have observed among the dozens of parking demand studies that Walker has performed in commercial districts throughout California. Recent improvements in parking enforcement technology would provide the City with a greater ability to enforce existing parking restrictions, however paid parking, even if implemented only in those spaces experiencing the highest demand, would result in better management of the parking system overall (and could lower ―ticket anxiety‖ for Carmel-by-the-Sea visitors). All of the comparable California coastal cities Walker surveyed for this assignment have implemented paid parking to better manage their parking systems.

While the aesthetic requirements of the City may make the implementation of paid parking more challenging than in other cities, new technologies could help mitigate the impact of paid parking on the streetscape.

The current parking occupancy conditions suggest that during busy periods, visitors are likely to have difficulty in finding an available parking space when visiting Carmel-by-the-Sea, resulting in a significant amount of traffic generated by visitors not driving to their destination but instead searching for an on-street parking space. Based on our studies and experience, implementation of paid parking would reduce visitor frustration and traffic congestion in the downtown area as well as improve customers‘ access to businesses overall.

Even if the City decides to build an additional off-street parking facility, the recommendations for improved management of on-street spaces contained in this report would likely be necessary to ensure that the parkers used the new facility and that an improvement in on-street parking availability would occur.

The issue of parking availability for visitors is one of customer service. The lack of available parking spaces on most commercial blocks during busy periods diminishes the experience of visitors to Carmel. In addition to customer service, each public parking space and the public parking system as a whole represent a valuable City and community asset with real value. The City should seek to maximize the efficiency of its asset which would also improve customer service for people driving to Carmel. The recommendations contained within this report seek to achieve these two goals. We find the goals and recommendations contained in this report to be consistent with the City‘s Circulation Element.

Downtown Parking Analysis and Parking Recommendations WALKER PARKING CONSULTANTS 11-04-13

DOWNTOWN PARKING ANALYSIS (November 4, 2013) & Downtown Parking Analysis and Parking Recommendations – Draft, Carmel-by-the-Sea, California, WALKER PARKING CONSULTANTS (October 28, 2013)

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING CANCELLATION NOTICE November 18, 2013

Tac Cancellation Notice 11-18-13 CANCELLATION NOTICE, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 18, 2013

CITY OF MARINA: CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013 - , APPROVING AMENDMENT #1 TO A CONTRACT BETWEEN THE CITY OF MARINA AND SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL PLANNING SERVICES RELATED TO THE CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT; AND AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

ABSTRACT: City of Marina staff report document prepared by Theresa Szymanis, AICP, Planning Services Manager, City of Marina, associated with the City of Marina City Council agenda and meeting of November 6, 2013 related to Item No. 8g (3) City Council consider adopting Resolution No. 2013-, approving Amendment #1 to a contract between the City of Marina and SWCA Environmental Consultants of San Luis Obispo California, for environmental planning services related to the California American Water Temporary Slant Test Well project, and; authorize City Manager to execute the contract amendment on behalf of the City, subject to final review and approval by the City Attorney is embedded, including CITY OF MARINA AGREEMENT FOR PLANNING CONSULTING SERVICES RELATED TO PREPARATION OF AN INITIAL STUDY FOR THE CAL AM SLANT TEST WELL PROJECT, Proposal to Prepare an Initial Study for the CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT, SWCA ENVIRONMENTAL CONSULTANTS, JULY 23, 2013 and AMENDMENT #1 TO CONTRACT FOR ENVIRONMENTAL PLANNING SERVICES, SWCA Environmental Consultants, October 31, 2013.

CITY of MARINA California American Water Temporary Slant Test Well Project 11-06-13

Item No. 8g (3)
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2013 - , APPROVING AMENDMENT #1 TO A CONTRACT BETWEEN THE CITY OF MARINA AND SWCA ENVIRONMENTAL CONSULTANTS OF SAN LUIS OBISPO, CALIFORNIA, FOR ENVIRONMENTAL PLANNING SERVICES RELATED TO THE CALIFORNIA AMERICAN WATER TEMPORARY SLANT TEST WELL PROJECT; AND AUTHORIZE CITY MANAGER TO EXECUTE THE CONTRACT AMENDMENT ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

RELATED NEWS ARTICLE:

Cal Am delays desalination test wells for a year
By JIM JOHNSON Herald Staff Writer, 11/14/2013
Excerpt Highlight:
California American Water's plans to drill test wells for its proposed desalination plant will be delayed until fall 2014 because of more required studies for the environmental review, a company official said Thursday.

Assistant City Administrator/City Clerk Heidi Burch: Letter of Resignation, dated October 28, 2013

ABSTRACT: Assistant City Administrator/City Clerk Heidi Burch submitted her letter of resignation, dated October 28, 2013, after eight years of city employment. Burch's resignation takes effect November 29, 2013; she's using accrued vacation and leave time until then, according to reporting in the Monterey County Weekly. Her letter of resignation states in part: “My resignation from the City of Carmel-by-the-Sea, though a very difficult decision, comes as the result of my extreme discomfort with current management practices. I can no longer ethically or in good conscience remain part of the City administration.” And “There are many reasons for my resignation. The final determination to leave was after I became aware that documents sent in response to a Public Records Act request had been redacted and sent out under my name, without my review, approval or my ability to send them to the city attorney for legal review, as is current city policy,” according to reporting in The Carmel Pine Cone. Heidi Burch’s letter of resignation is embedded. 

Assistant City Administrator-City Clerk Heidi Burch Letter of Resignation 10-28-13

Letter of Resignation
Assistant City Administrator/City Clerk Heidi Burch
October 28, 2013

ADDENDUM:
 Two more city hall employees placed on leave; assistant city admin resigns
- Quits over secrecy at city hall, By MARY SCHLEY Published: Nov. 1, 2013

Carmel City Clerk Resigns, Planning Department Goes on Part-Time Hours
Posted: Wednesday, November 6, 2013 4:53 pm
Sara Rubin

COMMENTARY City Administrator Jason Stilwell: Failures of Management Oversight of Administrative Services Director Susan Paul & Attorney Heather R. Coffman, Liebert Cassidy Whitmore

“In the past three years the city council has worked to address head-on the allegations that the city was not adequately establishing and enforcing ethical standards or providing proper oversight. City Administrator Jason Stilwell was brought in to rebuild the organization, and ensure accountability, strong, ethical leadership and oversight of the organization. He is doing just that.”

“The city now has five professional department directors, with clear accountability in the form of quantifiable performance measures, and is enforcing high ethical standards.”

Source: A message from the mayor — Staff changes happening for good reasons
By JASON BURNETT Mayor, Carmel-by-the-Sea, The Carmel Pine Cone, November 8, 2013, 29A.

According to Mayor Jason Burnett, City Administrator Jason Stilwell “was brought in to rebuild the organization, and ensure accountability, strong, ethical leadership and oversight of the organization. He is doing just that.” Moreover, in the case of the Livingston/Stilwell/Burnett emails, Mayor Burnett stated: “Thank you to our staff for straightening out the situation, following city council policy, and releasing what our outside law firm should have released a month ago,” Burnett told The Carmel Pine Cone Thursday. “It is pretty clear why this law firm will no longer work on our public record requests.” So, Mayor Burnett’s view is that attorney Heather Coffman, Liebert Cassidy Whitmore, “failed to uphold the council’s promise to interpret the California Public Records Act broadly, in favor of the public’s right to observe the city’s business” and the staff straightened “out the situation.”

Contrary to the aforementioned interpretation though, City Administrator Jason Stilwell was responsible for the submission of public records act requests to attorney Heather Coffman, Liebert Cassidy Whitmore. Furthermore, City Administrator Stilwell decided to not consult with City Attorney Don Freeman. And, beyond the Livingston/Stilwell/Burnett case, attorney Heather Coffman’s “City Responses” were copied to either Administrator Services Director Susan Paul or City Administrator Jason Stilwell.  So, the fact that “much was hidden — including all sorts of things that shouldn’t have been,” and other public records act requests were similarly redacted, delayed or denied over many months to public records act requestors was known to Administrative Services Director Susan Paul and City Administrator Jason Stilwell.

In terms of accountability then, Mayor Jason Burnett fails to recognize that City Administrator Jason Stilwell is ultimately responsible and hold City Administrator Jason Stilwell accountable for not upholding the city policy of construing the California Public Records Act broadly, in favor of public disclosure.

In closing, Mayor Jason Burnett’s late grandfather, David Packard, “set high standards for himself and those around him. His sense of integrity, respect, and compassion for individuals and their capabilities formed the basis of his business philosophy.” Inspired by those values in business and government, it is beyond disappointing that Mayor Jason Burnett has chosen not to be completely honest with the public and hold City Administrator Jason Stilwell accountable for this public records act scandal.

CITY’S INFORMATION TECHNOLOGY EXPENDITURES: PUBLIC CONSULTING GROUP, MARK ALCOCK AND PAID ADMINISTRATIVE LEAVES FOR I.T. MANAGER STEVE MCINCHAK & COMPUTER TECH ROSE FRANZEN

ABSTRACT:  Between February 2013 and as of the September 2013 Check Register, the City has expended $88,820.88 for “services related to finalization of the City's 2013 key initatives; the development of the strategic information technology plan and interactive government projects and related information technology consulting services,” to PUBLIC CONSULTING GROUP; $125,110.54, including $50,278.00 for CONTRACTUAL SERVICES- EXAMINER (MARK ALCOCK FORENSIC EXAMINER) and $74,832.54 for CONTRACTUAL SERVICES-IT SERVICES to Mark Alcock, Forensic Examiner and estimated paid administrative leave amounts to I.T. Manager Steve McInchak and computer technician Rose Franzen of “roughly $56,671 in pay and benefits” and “about $42,303,” respectively, a total of $98,974. Information regarding PUBLIC CONSULTING GROUP, MARK ALCOCK FORENSIC EXAMINER and PAID ADMINISTRATIVE LEAVE AMOUNTS FOR IT MANAGER STEVE MCINCHAK & COMPUTER TECH ROSE FRANZEN are presented. GRAND TOTAL: $312,905.42.

 

PUBLIC CONSULTING GROUP 

 NOTE: “The FY2013-2017 Information Technology (IT) strategic planning process began in March 2013 when Public Consulting Group conducted a technical assessment of the City's IT infrastructure.”
 

BACKGROUND: On August 6, 2013, the City Council approved “a Resolution authorizing the City Administrator to amend an existing contract with Public Consulting Group (PCG) for services related to finalization of the City’s 2013 key initiatives; the development of the strategic information technology plan and interactive government projects and related information technology consulting services.” City Funds: Not to exceed $48,800.

CHECKS TO PUBLIC CONSULTING GROUP:

127102 9/26/2013 PUBLIC CONSULTING GROUP  $1,100.00 01 67053 CONTRACTUAL SERVICES-TECH ASSESSMENT
127102 9/26/2013 PUBLIC CONSULTING GROUP $4,700.00 01 67053 CONTRACTUAL SERVICES-TECH ASSESSMENT
127102 9/26/2013 PUBLIC CONSULTING GROUP $9,400.00 01 67053 CONTRACTUAL SERVICES· IT CONSULTING
127102 9/26/2013 PUBLIC CONSULTING GROUP $3,300.00 01 67053 CONTRACTUAL SERVICES-SYSTEM A MIN SERVICES

Vendor Total-----> $18,500.00

126830 8/2/2013 PUBLIC CONSULTING GROUP $12,801.05 01 67053 CONTRAL SERVICES IT TECH ASSESMENT
126830 8/2/2013 PUBLIC CONSULTING GROUP  $6,016.12 01 67053 CONTRAL SERVICES IT SUPPORT SVCS
Vendor Total ----->$18,817.17

126629 6/19/2013 PUBLIC CONSULTING GROUP $6,612.7101 67053 CONTRACTUAL SERVICES
126629 6/19/2013 PUBLIC CONSULTING GROUP $8,338.34 01 67053 CONTRACTUAL SERVICES
126629 6/19/2013 PUBLIC CONSULTING GROUP $15,084.91 01 67053 CONTRACTUAL SERVICES
Vendor Total -----> $30,035.96

126450 6/5/2013 PUBLIC CONSULTING GROUP $ 11,983.25 01 67053 CONTRACTUAL SERVICES
Vendor Total----->$ 11,983.25

126298 5/8/2013 PUBLIC CONSULTING GROUP $ 9,484.50 01 67053 CONTRACTUAL SERVICES
Vendor Total -----> $ 9,484.50

TOTAL: $88,820.88

MARK ALCOCK, FORENSIC EXAMINER

 BACKGROUND: On September 20, 2013, the City Council approved” a Resolution authorizing the City Administrator to amend existing contracts with Mark Alcock related to the City's ongoing information technology requirements and professional examiner services in an amount not to exceed $43,500 for contract ma-secma002-2013 and $60,000 for contract ma-examiner-003-2013. Presently, the City has three Agreements with Mark Alcock, Forensic Examiner, as follows: Agreement # - ASD-PCS-MA-001-2013, AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES (February 2013) for “examiner services,” “in an amount not to exceed $25,000;" CONTRACT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND MARK ALCOCK FOR TECHNOLOGY CONSULTING SERVICES CONTRACT: PCS-MA-SEC-MA-002-2013 (May 2013) for “professional information technology consulting,” with amendment “in an amount not to exceed $43,500;” and CONTRACT BETWEEN THE CITY OF CARMEL-BY-THE-SEA AND MARK ALCOCK FOR TECHNOLOGY EXAMINER SERVICES CONTRACT: PCS-MA-EXAMINER-MA-003-2013 (June 2013) to “continue the required examiner services," with amendment “in an amount not to exceed $60,000.”

CHECKS TO MARK ALCOCK, FORENSIC EXAMINER

FORENSIC EXAMINER SERVICES (as of September 2013 Check Register):
127035 9/18/2013 MARK ALCOCK FORENSIC EXAMINER $ 18,198.00 01 74053 CONTRACTUAL SERVICES- EXAMINER
127035 9/18/2013 MARK ALCOCK $ 23,480.00 01 67053 CONTRACTUAL SERVICES- EXAMINER

126800 8/2/2013 MARK ALCOCK $ 8,600.00 01 67053 CONTRALSERVIC ES IT EXAMINER

SUBTOTAL: $50,278.00

IT SERVICES (as of September 2013 Check Register):
126978 9/11/2013 MARK ALCOCK $ 18,668.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
126800 8/2/2013 MARK ALCOCK $ 13,180.54 01 67053 CONTRAL SERVICES IT SERCURITY
126625 6/19/2013 MARK ALCOCK $ 21,710.00 01 67053 CONTRACTUAL SERVICES-IT SUPPORT
Vendor Total-----> $ 21,710.00

126240 5/8/2013 MARK ALCOCK 10,958.00 01 67053 CONTRACTUAL SERVICES
126410 6/5/2013 MARK ALCOCK 10,316.00 01 67053 CONTRACTUAL SERVICES
Vendor Total ----->$21,274.00

SUBTOTAL: $74,832.54

TOTAL: $125,110.54

PAID ADMINISTRATIVE LEAVE AMOUNTS FOR IT MANAGER STEVE MCINCHAK & COMPUTER TECH ROSE FRANZEN

June 2013-October 2013:

IT Manager Steve McInchak, estimated paid administrative leave total of “roughly $56,671 in pay and benefits.”

Computer Technician Rose Franzen, estimated paid administrative leave total of “about $42,303.”

TOTAL: $98,974

ADDENDUM:
Expert to get $103K for McInchak, audit of city computers, By MARY SCHLEY, Published: September 13, 2013

Contracts with IT investigator raise questions, By MARY SCHLEY, Published: September 27, 2013

P.G. police cmdr. on paid leave 10 months - Carmel IT manager and assistant also drawing paychecks but not working, By MARY SCHLEY Published: October 25, 2013

PUBLIC RECORDS ACT REQUESTS: Attorney Michael Stamp Representing John Hanson, Former Building Official

ABSTRACT: As reported in the Monterey County Weekly (As Number of Layoffs at Carmel City Hall Grows, Ex-Employees Start Hiring Lawyers, Sara Rubin, Thursday, October 31, 2013), former Building Official John Hanson has retained attorney Michael Stamp. Information related to Michael Stamp’s Public Records Act requests, including Date Received, 10-Days date, Requestor and Content of Request and Fulfilled Status by Michael Stamp submitted to the City on October 24, 2013, are reproduced from the City’s Public Records and Media Request Log.
Note: Previously, attorney Michael Stamp represented former Carmel-by-the-Sea employees Greg D’Ambrosio, Brain Donoghue, Sandy Farrell and Margaret Pelikan. All of their claims related of “hostile workplace environment” and were settled in excess of $500,000. In 2008, Stamp represented Human Resources Manager Jane Miller and filed a lawsuit against the City for claims of sexual harassment, employment discrimination and retaliation. The City settled the lawsuit for $600,000 and over $200,000 in attorney fees in 2010.

                                                 PUBLIC RECORDS ACT REQUEST

Date Received: 10-24-13

10-Days: 11-07-13

Requestor: Michael Stamp

Content of Request:
All employee employment contracts and/or employment agreements with the City in effect at any time in the last 10 years;

Records showing the current employment status of employees (or past employees) who had employment contracts and/or agreements with the City at any time in the last 10 years;

resumes of applicants, job applicants and job offers for the following positions, including when an employee was hired or promoted or placed on temporary or ongoing leave, if at all, at any time in the last five years a) City Manager b) Planning & Building Services Mgr c) Chief of Police d) Human Resources Mgr (or equivalent position);

Records that discuss, mention, or refer to any City employees placed on paid administrative leave during any time in the last five years;

The City's anti-discrimination employment policy.

The most recent City employee organizational charts which show City positions and the persons currently filling those positions for the City;

Resumes, or equivalent records, for employees hired to fill positions that are management level or above and the person was hired (sic) by the City at any time during the last five years;

Employee contracts entered into or in effect at any time in the past five years

Fulfilled Status: PENDING

Source: Public Records and Media Request Log , November Agenda Packet

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING & SPECIAL MEETING AGENDAS & MINUTES November 14, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) SPECIAL MEETING AGENDA & MINUTES November 14, 2013

 

MPRWA Special Meeting Agenda Packet 11-14-13.pdf AGENDA PACKET, SPECIAL MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 14, 2013

MPRWA Minutes Special Meeting 11-14-13 DRAFT MINUTES SPECIAL MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 14, 2013

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES November 14, 2013

MPRWA Regular Meeting Agenda Packet 11-14-13.pdf AGENDA PACKET, REGULAR MEETING

MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 14, 2013

MPRWA Minutes Regular Meeting 11-14-13 DRAFT MINUTES REGULAR MEETING
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 14, 2013

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT CANCELLATION NOTICE November 14, 2013

Governance Committee for the MPWSP Cancellation Notice 11-14-13 .pdf CANCELLATION NOTICE

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
November 14, 2013

Proceeding Number A.12-04-019 ADMINISTRATIVE LAW JUDGE’S RULING SETTING FORTH QUESTIONS TO BE ADDRESSED AT THE HEARINGS ON PROPOSED SETTLEMENT AGREEMENTS

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 SETTING FORTH QUESTIONS TO BE ADDRESSED AT THE HEARINGS ON PROPOSED SETTLEMENT AGREEMENTS document is embedded. IT IS RULED that:
1. In order to ensure that the hearings are as efficient as possible, California American Water Company shall file and serve the following information as compliance filings no later than November 19, 2013:
a. Describe the customer service area that will be served by the proposed Monterey Peninsula Water Supply Project (MPWSP) and the rationale for this service area for this Project.
b. Provide actual monthly customer usage and production data from 2007 through 2012 for the customer service area to be served by the proposed project. The data shall include calculations of peak hourly demand and maximum monthly demand.
c. Provide the calculation of and reconcile and justify the difference in demand calculation for the MPWSP with its projection of demand in the 2010 Urban Water Management Plan for the Monterey District, dated September 7, 2012.
d. Provide itemized cost estimates for capital and operation and maintenance expenses for the Monterey Peninsula Water Supply Project as currently proposed. Categorize the expenses into three aspects of the Project: desalination, aquifer storage and recovery, and “Cal-Am Only” Facilities. Each category shall list each component and its associated number of units, unit cost, and total cost. The desalination category shall be separated into the three desalination plant options: 6.4 million gallons per day (mgd), 6.9 mgd, and 9.6 mgd.
e. Provide a table showing the anticipated financing approach for each proposed plant size, the impact of financing on the cost per acre-foot of each proposed plant size and financing approach, the associated rate base, revenue requirements, and anticipated bill impacts. Cal-Am shall also provide a net present value comparison of the various financing approaches, assuming that the time frame is the life of the plant and using cost of funds as the discount rate.
2. Parties who wish to file and serve an objection to the official notice of Cal-Am’s 2010 Urban Water Management Plan for its Monterey District, dated September 7, 2012 shall do so no later than November 15, 2013.
3. Witnesses shall be available to respond to the questions outlined above at the evidentiary hearings scheduled for December 2 and 3, 2013 on the proposed Settlement Agreements
4. I anticipate that responding to my questions can be done in one day. However, because my questions may engender questions from other parties, I have provided for an additional day of hearing time. These hearings are narrow and will only address the proposed Settlement Agreements, pursuant to Rule 12.3.
5. Parties have an obligation to understand and comply with the Commission’s laws, rules, and procedures. Ex parte contacts are subject to several restrictions in proceedings that are categorized as ratesetting, as is this matter. Pub. Util. Code § 1701.2 and Rules 8.1, 8.2, 8.3(c) and 8.4 address the ex parte requirements in ratesetting matters. Parties must comply with these requirements. Prospective violations of the ex parte rules may be considered a violation of Rule 1 and may lead to sanctions.
6. To the extent that parties use the updated service list in this proceeding to confer by e-mail, decision-makers at the Commission (defined in Rules 8.1(b) and 8.2) must be removed from the email address list. The Public Advisor can assist parties with questions in this matter.
Note: Final 2010 Urban Water Management Plan for the Central Division – Monterey County District document is embedded.

ALJ'S RULING SETTING FORTH QUESTIONS TO BE ADDRESSED AT THE HEARINGS ON PROPOSED SETTLEMENT AGREEMENTS.pdf

Filing Date 11-04-13
ADMINISTRATIVE LAW JUDGE’S RULING SETTING FORTH QUESTIONS TO BE ADDRESSED AT THE HEARINGS ON PROPOSED SETTLEMENT AGREEMENTS

2010 UWMP Monterey District Final.pdf

Final 2010 Urban Water Management Plan for the Central Division – Monterey County District

Carmel Art Association Presents SUSAN GIACOMETTI SOLO SHOW ‘HAWAII REMEMBERED,’ GERALD MARTIN & MELISSA LOFTON TWO-PERSON SHOW ‘PEOPLE’ AND ALICE GELLER-ROBERTSON & PAMELA TAKIGAWA GALLERY SHOWCASE

Carmel Art Association

 

Carmel Art Association Mission Statement: 
The Association exists to provide its members with a permanent art gallery, to advance knowledge of, and interest in the arts, and to create a spirit of cooperation and fellowship among artists and the community. 

A Proud Heritage:

The legendary Carmel Art Association was formed on August 8, 1927 by a small group of artists who gathered at “Gray Gables,” the modest home/studio of Josephine Culbertson and Ida Johnson at the corner of Seventh and Lincoln in Carmel-by-the-Sea. These nineteen “pioneers”—who grew up in the 19th century and individually found their respective paths to Carmel from all corners of the world—each desired a greater sense of community, a spirit of collaboration, and a place to show their work. Before the meeting concluded, they had established an association with a mission “to advance art and cooperation among artists, secure a permanent exhibition space, and promote greater fellowship between artists and the public.”
 

W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily
Open to the Public at No Charge

For more information, Online or (831) 624-6176.

  

Thursday, November 7 – Tuesday, December 3, 2013

 

Carmel Art Association Presents SUSAN GIACOMETTI SOLO SHOW ‘HAWAII REMEMBERED,’ GERALD MARTIN & MELISSA LOFTON TWO-PERSON SHOW ‘PEOPLE’ AND ALICE GELLER-ROBERTSON & PAMELA TAKIGAWA GALLERY SHOWCASE

SOLO SHOW SUSAN GIACOMETTI: “HAWAII REMEMBERED”

Susan Giacometti exhibits prints and paintings recalling the disappearing customs, culture, clothing, food and landscape of the Hawaiian Islands, the artist’s former residence for eighteen years.  View one mixed media image, “The Cannery Row Series – The Row.”

TWO-PERSON SHOW: GERALD MARTIN & MELISSA LOFTON “ PEOPLE”

Gerard Martin and Melissa Lofton present individual approaches to color, composition and human life through explorations of the figure.
 

View nineteen oil painting images created by Gerard Martin including “Back Stretch,” “Dynamic Harvest,” “Harvest In Green,” “Old World,” “Down Time,” “Tidal Walk,” “Bathers,” “Carmel Afternoon,” “Long Shadows,” “Folding Boxes,” “High Humidity,” “Yellow Light,” “Stretches,” “Rest Time,” “Old Brushes,” “Long Shadows And Vineyard,” “Tamagni Farm,” “Backs Bending” and “3 Boats.”

  

View twenty-one oil painting images created by Melissa Loftton, including “orange parasol,” “walking by,” “Buddha with birds,” “carpenter,” “man and reflection,” “walking in the shade,” “sensing an opening,” “journey,” “woman and goldfish,” “puzzle,” “waiting on the dock,” “dreaming.” “something more interesting,” “reflection VI,” “reflection V,” “reflection IV,” “pond XVII,” “passage,” “opening a door,” “mountains with fog” and “la ventana.”

 

GALLERY SHOWCASE: ALICE GELLER-ROBERTSON & PAMELA TAKIGAWA

Alice Geller-Robertson exhibits painting and prints o light-hearted animal portraits.  View fifteen painting images including “Fly By,” “Time is Passing,” “Masquerade,” “Waiting,” “Pork Pride,” “Dreaming,” “Ridgeback,” “Flight,” “Squirrelly,” “Pensive,” “Best Friend,” “Walk on the Beach,” “Ball Dog,” “Happy” and “Blue Jay.”
 

Pamela Takigawa exhibits monotypes and mixed media of birds and skyscapes. View twenty painting images, including “Sky Over the Valley,” “Sunset,” “Back Bay,” “Squall,” “Studio View,” “Sycamore Solitude,” “Cottonwoods,” “White-breasted Nuthatch,” “Chestnut-backed Chickadee,” “Titmouse,” “Junco,” “Abiquiu,” “Carmel Valley,” “Descent,” “Middle Canyon,” “North Wind,” “Evening,” “The Acorn,” “Miller Falls” and “Brace Me.”
 

ADDENDUM:

Carmel Art Association on facebook

Carmel Art Association on youtube

COMMENTARY LIEBERT CASSIDY WHITMORE: The City’s Scapegoat

In “Burnett explains what went wrong with city’s PRA policy,’ By JASON BURNETT, Mayor, Carmel-by-the-Sea (The Carmel Pine Cone, November 1, 2013, 27A & 23A), Mayor Jason Burnett explained, as follows:

ON OCT. 10, the Carmel City Council reaffirmed “the city’s policy and practice that the Public Records Act be construed broadly in favor of public disclosure consistent with the law and the rights of our employees,” so it was disappointing to learn that a mere five days later the city’s outside law firm withheld information from The Carmel Pine Cone that should have been made public. I am sorry that this has happened and we are taking corrective action. That law firm will no longer do Public Records Act business for Carmel and we have taken other steps to ensure the policy direction of the City Council is properly implemented.

In mid-September the city received a request from the Carmel Pine Cone for certain recent emails. All emails that might have been responsive were forwarded to our outside law firm. We had the expectation they would redact (black out) any information we are not permitted to share (such as home addresses, medical information, social security numbers and the like) or that would do other serious harm to the public process. The law firm was to provide an explanation for any redacted information, and the remaining information was to be made public as soon as possible.

That was the last I thought about the issue until we received an email from Paul Miller early last week saying they had not received the information they had expected. We immediately reached out to City Attorney Don Freeman since the interpretation of the Public Records Act is a legal matter and Freeman is charged with managing and advising on all legal matters for the city. Unfortunately he was on travel so we could not meet before The Carmel Pine Cone went to press last week.

In summary, after editor Paul Miller filed a lawsuit against the City on October 8, 2013 for denial of Community Planning & Building Director Rob Mullane’s resume, the City Council met in closed session two days later on October 10, 2013 and settled the case to Paul Miller’s satisfaction and reaffirmed “the city’s policy and practice that the Public Records Act be construed broadly in favor of public disclosure consistent with the law and the rights of our employees.” Five days later, on October 15, 2013, Paul Miller received a letter from the City’s legal firm Liebert Cassidy Whitmore stating that a public records act request for emails between Carmel Residents Association President Barbara Livingston, City Administrator Jason Stilwell and Mayor Jason Burnett was denied.  Attorney Heather R. Coffman stated the people who wrote and received the emails had a “privacy right” that outweighed the public’s right to see them. “Please note that personal identifying information contained in response to the PRA requests has been redacted in order to protect the privacy interests at issue. For example, correspondence of members of the public detailing their concerns as citizens have been redacted because the public interest in disclosure of this correspondence is clearly outweighed by the interest in nondisclosure to avoid a chilling effect on the public.” Coffman cited “several legal decisions” to support the redactions of approximately 75 emails dated between early July and the end of September.

Mayor Jason Burnett makes the assertion that the City is “taking corrective action.” “That law firm will no longer do Public Records Act business for Carmel and we have taken other steps to ensure the policy direction of the City Council is properly implemented.” However, the act of terminating Liebert Cassidy Whitmore’s contract for public records act requests, essentially blaming the City’s own choice of legal firm to fulfill public records act requests over numerous months, is not wholly credible because every letter received from Liebert Cassidy Whitmore in response to a public records act request submitted to the City included the paragraph “This firm represents the City of Carmel-by-the-Sea (City) and provides the following responses to your requests for information pursuant to the Public Records Act (PRA). These responses are sent on the authority of the City Clerk, Heidi Burch;” with a copy to Administrative Services Director Susan Paul or City Administrator Jason Stilwell. 

In conclusion, City Administrator Jason Stilwell and Administrative Services Director Susan Paul were sent copies of every City’s response letter to entities making public record act requests by attorney Heather R. Coffman, Liebert Cassidy Whitmore, and could have intervened and made certain that “the city’s policy and practice that the Public Records Act be construed broadly in favor of public disclosure consistent with the law and the rights of our employees” was being implemented. Ergo, either City Administrator Jason Stilwell and Administrator Susan Paul are incompetent city employees or City Administrator Jason Stilwell and/or Administrative Services Director Susan Paul advised attorney Heather R. Coffman to construe broadly against public disclosure.

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES November 4, 2013

TAC MPRWA Regular Meeting Agenda Packet 11-04-13.pdf AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 4, 2013

TAC MPRWA MINUTES 11-04-13.pdf DRAFT MINUTES, REGULAR MEETING

TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
November 4, 2013

Six Noteworthy 5 November 2013 City Council Agenda Items

ABSTRACT: Six Noteworthy 5 November 2013 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Receive Public Records and Media Request Log, Receive 1st Quarter Financial Report, Consideration of an appeal of the Planning Commission's decision to deny a Design Study Application (DS 13-33) for the replacement of an existing wood shingle roof with composition shingles on a residence located on Dolores Street 4 parcels southeast of 1Oth Avenue, in the Single-Family Residential (R-1) Zoning District (The application is being appealed by the property owner, David Goldenson) and Consideration of a Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan, are presented. Supporting materials are embedded. 

 
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA PACKETRegular Meeting
Tuesday, November 5, 2013
4:30 p.m., Open Session

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

Live & Archived Video Streaming

 II. Roll Call

 V. Announcements from Closed Session, from City Council Members and the City Administrator.

A.  Announcements from Closed Session.

 

A. CONFERENCE WITH LEGAL COUNSEL- LABOR NEGOTIATIONS
Pursuant to Government Code Section§ 54957.6 (a).
Meet and confer with the Carmel-by-the-Sea's Meyers-Milias Brown Act representative, City Administrator Stilwell to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

B. CONFERENCE WITH LEGAL COUNSEL- PROPERTY NEGOTIATIONS
Pursuant to Government Code § 54956.8
Property strategy negotiations regarding the Lease of Flanders Mansion (APN 010-061- 005)

C. CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION
Pursuant to Government Code§ 54956.9(a)
City of Carmel-by-the-Sea vs. County of Monterey, Superior Court of the State of California Case No. M125153

D. PUBLIC EMPLOYEE- PERFORMANCE EVALUATION
Pursuant to Government Code § 54957 (b) 1.
Title: City Attorney

C. Announcements from City Administrator.

1. Monterey Peninsula Water Management District presentation
2. Summary Report from Monday's Workshop
3. Agenda Forecast
4. Conde Nast readers choice award

VII. Consent Calendar

These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

F. Receive Public Records and Media Request Log.

Public Records and Media Request Log 11-2013.pdf

VIII. Orders of Council

A. Receive 1st Quarter Financial Report.

City Qrtrly Report Q1 2013-14.pdf

 

B. Consideration of an appeal of the Planning Commission's decision to deny a Design Study Application (DS 13-33) for the replacement of an existing wood shingle roof with composition shingles on a residence located on Dolores Street 4 parcels southeast of 10th Avenue, in the Single-Family Residential (R-1) Zoning District. The application is being appealed by the property owner, David Goldenson.

Appeal of the Planning Commission's decision to Deny Goldenson11-2013.pdf

E. Consideration of a Resolution adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan.

Resolution Adopting the City Fiscal Year (FY) 2013-2017 Information Technology Strategic Plan 11-2013.pdf

CARMEL-BY-THE-SEA CITY COUNCIL: Tour, Closed Session and Public Workshop November 4, 2013

 CARMEL-BY-THE-SEA CITY COUNCIL

Tour, Closed Session and
Public Workshop

Monday, November 4, 2013-4:00 p.m.,
with workshop to follow at 5:30 p.m.

Council Chambers
East side of Monte Verde Street between
Ocean and Seventh Avenues

 

ABSTRACT: On Monday, November 4, 2013, the Carmel-by-the-Sea City Council is scheduled to conduct a Tour and Closed Session beginning at 4:00 P.M. and a Public Workshop at 5:30 P.M. Subject: Parking Management. The Tour, Closed Session and Public Workshop Agenda document is embedded.

 

City Council Tour, Closed Session and Public Workshop 11-04-13.pdf

CARMEL-BY-THE-SEA CITY COUNCIL
Tour, Closed Session and Public Workshop
Monday, November 4, 2013