Tuesday, September 30, 2014

CITY COUNCIL Closed Session and Special Open Meeting, October 1, 2014 – 5:30 P.M. & 7:00 P.M.

Jason Stilwell out as Carmel city administrator
KSBW, UPDATED 7:21 PM PDT Sep 30, 2014

Controversial city administrator Jason Stilwell is out in Carmel.
Posted: Tuesday, September 30, 2014 6:02 pm by David Schmalz
AGENDA
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session and Special Open Meeting
Wednesday, October 1, 2014 – 5:30 p.m. & 7:00 p.m.

Highlights of Special Open Meeting, Wednesday, October 1, 2014 @ 7:00 P.M.
5. SPECIAL OPEN MEETING – 7:00 P.M.
Item 5.B: Authorize the Preparation of a Transition and Release Agreement for City Administrator.
Item 5.C: Authorize the Appointment of the Interim City Administrator.

Monterey County Board of Supervisors Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority, September 30, 2014

ABSTRACT:  The Monterey County Board of Supervisors is scheduled to conduct a meeting today, September 30, 2014.  Meeting Agenda Item 15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and b. Provide direction regarding the County’s participation in and funding of the Authority is featured.  The Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors, document is embedded.  And the Meeting Agenda – Final-revised document is embedded.  According to reporting in The Monterey County Herald, “the Board of Supervisors is scheduled to consider the authority's request for additional funding, and participation, from the county, including nearly $380,000 in past and future authority expenses.” Supervisor Dave Potter is requesting “a full accounting of the authority's past spending and future expenses, as well as the authority's strategic plan” beacuase of concerns about “mission creep and the prospect of funding another layer of bureaucracy.” Importantly, “Potter said the county remains in a holding pattern regarding direct participation on the authority board more than two years after allegations emerged that he would have a conflict of interest if he served.”
Source: 
Supervisors to consider Peninsula water authority funding request
Still no county member on authority board, spending report sought
By Jim Johnson

Monterey County
Monterey County Government Center
Board Chamber
168 W. Alisal St., 1st Floor
Salinas, CA 93901
Meeting Agenda - Final-revised
Tuesday, September 30, 2014
9:00 AM

Board of Supervisors
Chair Louis R. Calcagno - District 2
Vice Chair Simón Salinas - District 3
Supervisor Fernando Armenta - District 1
Supervisor Jane Parker - District 4
Supervisor Dave Potter - District 5

Roll Call
1:30 P.M. - Scheduled Matters

15. a. Receive a report from the Monterey Peninsula Regional Water Authority (Authority) regarding the Authority’s request for additional funding and participation by the County, and the Authority’s strategic plan, budget, and anticipated future expenses; and
b. Provide direction regarding the County’s participation in and funding of the Authority.

Attachments:
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Legislation Details (With Board Report) with Attachments, including Exhibit A Chart of Authorized Payments and Requested Funding, Exhibit B 9/12/14 Letter from Monterey Peninsula Regional Water Authority, Exhibit C 1/6/14 Letter from Monterey Peninsula Regional Water Authority and Exhibit D 9/30/14 Power Point Presentation by the Monterey Peninsula Regional Water Authority to the Monterey County Board of Supervisors

Adjournment

REFERENCE:
Monterey County
Meeting Agenda - Final-revised
Tuesday, September 30, 2014
Board of Supervisors

Sunday, September 28, 2014

COMMENTARY Questions about the City of Carmel-by-the-Sea’s City Council

“In the meantime, some serious introspection is called for, by the people of Carmel, and even more so by the members of the city council.  Too many stood by and said nothing, or even applauded, while unnecessary secrets were kept, questionable contracts were signed, and valuable city hall employees were let go.”

Source: Editorial A train wreck in slow motion
The Carmel Pine Cone, September 26, 2014, 24A

And even with the “inevitable conclusion — the departure of city administrator Jason Stilwell.,” will Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach, Carrie Theis and Steve Dallas take the appropriate action because they suddenly took the concerns and request of the signers of the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR seriously or because the PETITION served as a catalyst to open a Pandora’s box of unintended consequences which they could no longer ignore?  Do Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach, Carrie Theis and Steve Dallas have the capacity for leadership that will be required to rectify a situation which is arguably a reflection of their failures of leadership over months and years?  And if Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach, Carrie Theis and Steve Dallas do not have the leadership ability to rectify the situation, “right the wrong,” and “make things right,” then will they have the humility and discipline to resign their positions to enable more worthy and capable residents to assume city leadership positions?  And lastly, can Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach and Carrie Theis be entrusted with being in the position of selecting a new city administrator when they applauded City Administrator Jason Stilwell, approved an increase in salary and benefits and contract extension to 2017 at a time when they should have been independently investigating the many red flags and concerns which some citizens raised early on and made known to them?

Written & Published by L. A. Paterson

Saturday, September 27, 2014

The Carmel Citizen, ‘an online forum about the residents, commerce, and culture of Carmel-by-the-Sea.’

ABSTRACT:   The Carmel CitizenEveryone is entitled to their own opinion, but not their own facts,” is featured.  The debut issue,  Issue Number One, October 1, 2014, states “The Carmel Citizen, an online forum about the residents, commerce, and culture of Carmel-by-the-Sea.”  In addition to providing an arena in which to discuss the affairs of our community, The Carmel Citizen will feature photographs, letters, profiles of interesting people in our community, special offers from local businesses, announcements from local organizations, and more.”   And “The genesis of The Carmel Citizen” section states, in part, “So I had the idea to publish The Carmel Citizen to see if a proper airing out of the differences might lead to an end to the rancor en route to viable resolutions. Respectfully, Tony Seton.”  Comments, questions, suggestions... are all invited. Please send emails to him at  Dawg@TheCarmelCitizen.com.

The Carmel Citizen

Issue Number One                October 1, 2014            Always FREE

REFERENCE:
Tony Seton Communications
Award-winning broadcast journalist...political consultant...writer...photographer...pilot

Tony Seton

SUMMARIES: Public Consulting Group Contracts, Over Contracts Amount $88,659.82 & Mark Alcock Contracts, Total of Amount Overpaid $254,296.29

ABSTRACT: Summary of Public Consulting Group Contracts, September 23, 2014, and Summary of Mark Alcock Contracts, September 17, 2014, documents compiled by the City are embedded. For all four Public Consulting Group Contracts, All Contracts Paid-to-Date $269,459.82 vs. Contracts Amounts $180,800.00 for an Over Contracts Amount of $88,659.82. And for all of the three Mark Alcock contracts, Total of Invoices to all Contracts $382,796.29 vs. Total of all Contract Amounts $128,500.00 for a Total of Amount Overpaid of $254,296.29.   
Summary of Public Consulting Group Contracts September 23, 2014

Contract #1 ASD-PCS-PCG-001-2013-14
Paid-to-Date: $67,687
Over Contract Amount: $19,687.38

Contract #2 ASD-PCS-PCG-IT-019-2014-15
Paid-to-Date: $101,056.00
Over Contract Amount: $26,056.00

Contract #3 ASD-PCS-PCGMB-003-2013-14
Paid-to-Date: $93,516.44
Over Contract Amount: $53,516.44

Contract #4 ASD-PCS-PCG-TECH2-2013-14
Paid-to-Date: $ 17,000
Contract Positive: $9,800.00

All Contracts: Paid-to-Date $269,459.82 vs. Contracts Amounts $180,800.00
Over Contracts Amount $88,659.82


Summary of Mark Alcock Contracts September 17, 2014

Contract #1 ASD-PCS-MA-001-2013 February 25, 2013
Paid-to-Date: $26,244
Over Contract Amount: $7,244

Contract #2 ASD-PCS-MA/Sec-MA-002-2013 May 5, 2013
Paid-to-Date: $157,958.29
Over Contract Amount: $147,174.29

Contract #3 ASD-PCS-MA-Examiner-003-2013 June 19, 2013
Paid-to-Date: $159,878.00
Over Contract Amount: $99,878.00

Total of Invoices to all Contracts $382,796.29 vs. Total of all Contract Amounts $128,500.00
Total of Amount Overpaid $254,296.29

Wednesday, September 24, 2014

Letter of Termination to Administrative Services Director Susan Paul: Notice to End At-Will Assignment

ABSTRACT: In a letter dated September 7, 2014, City Administrator Jason Stilwell wrote, in part, as follows: “While I have great respect for your work, the Council has indicated that it would like to make changes to the City organization and potentially its structure.  At this point, in order to help the Council move forward with changes; I am in accordance with your "At-Will" Employment Agreement, Section 4, "Resignation and Termination" and 5. "Severance", providing you with notice to end your at-will assignment with the City of Carmel-by-the-Sea.” And “While handling these items you have dealt with a number of difficult personnel issues. All of this work has been completed while under attack by various sources; however, you have maintained your professionalism throughout, without wavering.”  The Letter of Termination from City Administrator Jason Stilwell to Susan Paul, Administrative Services Director, is embedded; the EMPLOYMENT AGREEMENT ADMINISTRATIVE SERVICES DIRECTOR document, dated July 1, 2013, is embedded.

Letter of Termination (2014-116)
Letter of Termination
To: Susan Paul
From: City Administrator Jason Stilwell
Dated September 7, 2014

Employment Agreement Administrative Services Director
EMPLOYMENT AGREEMENT
ADMINISTRATIVE SERVICES DIRECTOR
AGREEMENT between the CITY OF CARMEL-BY- THE- SEA  and Susan Paul, dated July 1, 2013; began as Administrative Services Director on January 15, 2013.

Selected Excerpts, as follows:

SEVERANCE PAY
    A. Except as provided in paragraph 5.8. of this Agreement, if EMPLOYEE is terminated by the CITY ADMINISTRATOR while still willing and able to perform the duties of Administrative Services Director, CITY agrees to pay EMPLOYEE a cash payment equal to 120 days of the then current, salary and benefits. Said payments may be paid, at the option of the EMPLOYEE in: 1) lump sum upon date of termination; 2) lump sum on January 1 of the calendar year following termination; or 3) four equal monthly installments. Such payment shall release the CITY from any further obligations under this Agreement. 
     
    B. In the event EMPLOYEE is terminated because of his/her conviction of any felony, or an crime involving moral turpitude, or any offense involving a violation of his/her official duties or if the CITY ADMINISTRATOR determines that the EMPLOYEE has: 1) misappropriated public funds; 2) commingled public funds with his/her personal funds; 3) engaged in willful corrupt conduct in office; or 4) conducted himself/herself in a manner to be determined as conduct that constitutes misconduct according to the CITY'S personnel rules, the CITY shall have no obligation to continue employment of EMPLOYEE or to pay severance as set forth in paragraph 5.A. of this Agreement.

    NOTE: Salary: $155,450 in salary per annum

Saturday, September 20, 2014

FORENSIC EXAMINER MARK ALCOCK’S CONTRACTS: Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 & Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 - Total of amount over paid $254,296.29 of Total of Invoices to all contracts $382,796.29

ABSTRACT:  IN RESPONSE to citizen concerns about excess spending, favoritism in the awarding of contracts and mistreatment of employees, the city council decided in closed session Thursday to launch an independent investigation into the allegations.” “Among the shocking revelations that led to this week’s decision was the news that computer consultant Mark Alcock was paid nearly $255,000 more than the council authorized for his investigation of IT manager Steve McInchak and the overall state of the city’s computer system,” according to reporting in The Carmel Pine Cone. In that context, Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 and Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 documents are embedded. Moreover, according to the news article entitled Expert to get $103K for McInchak, audit of city computers By MARY SCHLEY, The Carmel Pine Cone, September 13, 2013, City Administrator Jason Stilwell’s account that the Alcock Contract dated February 2013 was for “risk assessment” contradicted the Search Warrant, filed June 13, 2013, and the actual contract, namely Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013. As follows: But Stilwell said this week that contract (Dated February 25, 2013) was for Alcock’s “risk assessment” of the city’s system, not for his investigation into McInchak’s alleged wrongdoing. For that forensic work, Stilwell said, a second $25,000 contract was drawn.”
“We originally brought Alcock on to survey our system, and we needed someone expert on technology to be able to do a risk assessment of our computer system and the network and applications, hardware, software and user support,” he said. “That was originally why he came in.”
“According to Stilwell, a second contract was drafted later, after Alcock uncovered McInchak’s alleged nefarious computer activity. “We also needed his forensic services to support the investigation,” he said. “So we hired him to do that, too,” because the district attorney’s office did not have anyone available to do the work.”

Significantly, according to the City’s Summary of Mark Alcock’s Contracts, September 17, 2014, Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013, is “Over contract amount $7,244,” Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013 is “Over contract amount $147,174.29” and Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013 is “Over Contract amount $99,878.00”for a Total of amount over paid of $254,296.29 of $382,796.29 Total of Invoices to all contracts.

REFERENCE:
Expert to get $103K for McInchak, audit of city computers
By MARY SCHLEY, The Carmel Pine Cone, September 13, 2013
Alcock Contract ASD-PCS-MA-001-2013 Forensic Dated: February 25, 2013
Alcock Contract ASD-PCS-MA-Sec-MA-002-2013 Information Technology Services Dated: May 5, 2013

Alcock request 3 of 3.pdf
Alcock Contract ASD-PCS-MA-Examiner-003-2013 Examiner to coordination of investigations related to IT Dated: June 19, 2013

Friday, September 19, 2014

Kennedy/Jenks Consultants ‘Evaluation of the Deep Water Desalination Project Costs,’ 12 September 2014

ABSTRACT:  DeepWater Desal's water would cost about $2,085 per unit, or acre foot, compared to Cal Am's $3,732 per unit cost estimate,” according to a study by Kennedy/Jenks Consultants. “And DeepWater Desal estimated it could deliver water for $1,670 per unit, about 20 percent less than the Kennedy/Jenks study estimate. The study explained the difference by pointing to higher projected power and contingency costs,” according to reporting in The Monterey County Herald.  Kennedy/Jenks Consultants ‘Evaluation of the Deep Water Desalination Project Costs,’12 September 2014, document is embedded.

Kennedy_Jenks_Consultants_Evaluation_of_DWD_Project_Costs_Soquel_Water___MPWMD.pdf

Kennedy/Jenks Consultants
Evaluation of the Deep Water Desalination Project Costs
12 September 2014

REFERENCE:
Study finds DeepWater Desal water cheaper than Cal Am's
Independent review says Moss Landing proposal 45 percent less
By Jim Johnson, The Monterey County Herald, 09/18/2014

Proceeding Number A.12-04-019 COMMENTS OF THE SETTLING PARTIES ON PHASE 2 SCHEDULE IN RESPONSE TO THE AUGUST 21, 2014 RULING OF ALJ MINKIN

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, COMMENTS OF THE SETTLING PARTIES ON PHASE 2 SCHEDULE IN RESPONSE TO THE AUGUST 21, 2014 RULING OF ALJ MINKIN document is embedded. “The Parties support altering the Phase 2 schedule so it is commensurate with the cumulative eleven month postponement reflected in the January 2014 ALJ Ruling and the August 2014 ALJ Ruling. Such alteration would provide time necessary for proponents of the GWR project to complete the milestones identified in Section 4.2 of the July 31, 2012 Settlement Agreement prior to the testimony date.” And Schedule should revert back to a schedule containing time periods between events comparable to those contained in the Amended Scoping Ruling and propose the following new dates:
(i) Testimony of Interested Parties – November 2015
(ii) Settlement Discussions – commencing in December 2015
(iii) Concurrent Rebuttal Testimony – December 2015
(iv) Evidentiary Hearings – January 2016
(v) Briefing – February 2016
(vi) Proposed Decision – May 2016
(vii) Final GWR Decision – June 2016
Filing Date 9-15-14
COMMENTS OF THE SETTLING PARTIES ON PHASE 2 SCHEDULE IN RESPONSE TO THE AUGUST 21, 2014 RULING OF ALJ MINKIN

Thursday, September 18, 2014

CITY COUNCIL CLOSED SESSION – DRAFT MINUTES -Thursday, September 18, 2014

ABSTRACT:  After the City Council reconvened from the Closed Session on Thursday, September 18, 2014, at the end of the meeting, Mayor Burnett read the following statement of the Council.
1. The City Council authorized the City Attorney to retain an outside independent investigator to conduct a prompt, through and independent investigation into complaints of alleged violations of workplace management and conduct. Results of the investigation shall remain confidential due to applicable laws regarding personnel privacy.
2. The Council authorized that the independent investigator conduct an equally prompt, thought and independent investigation regarding consultant contracts including, but not limited to, the selection process, payment process and relationship of consultants to employees with the City. Results of this portion of the investigation will be made public to the extent possible.
3. The City Council authorized the City Attorney to retain Ms. Stephanie Atigh as the contracting independent investigator. Ms. Atigh is a retire City Attorney who currently provides experienced independent consulting services as a hearing officer as well as a work place investigator.
4. The City Council also authorized the City Attorney, on behalf of the City, to retain specialized legal services from Ms. Kelly Trainer of the law firm of Burke, Williams & Sorensen, LLP to assist the City Attorney during and following the independent investigation and/or with other personnel services as may be needed or required.
5. The City Council requested that Mayor Jason Burnett and City Attorney Don Freeman work to identify a independent financial auditor to review all details of consulting contracts and to bring their recommendation back to the City Council for consideration.
The City Council Closed Session Draft Minutes, September 18, 2014, document is embedded.  Information about attorneys Stephanie A. Atigh and Kelly Anne Trainer is provided.
  
 City Council Closed Session Minutes 09-18-14
CITY COUNCIL CLOSED SESSION – DRAFT MINUTES -Thursday, September 18, 2014
Kelly Anne Trainer - Burke Williams & Sorensen LLP

INDEPENDENT INVESTIGATOR FOR CITY OF CARMEL-BY-THE-SEA
Stephanie A. Atigh - #65084
Current Status: Active

Address: 1080 Short St.
Pacific Grove, CA 93950

Phone: (831) 915-4643

Undergraduate: San Jose State Univ; San Jose CA
Law School: Santa Clara Univ SOL; Santa Clara CA

12/18/1975 Admitted to The State Bar of California
Notes: City Attorney Stephanie Atigh resigned from City of Hollister in June, 2013; Atigh had been city attorney, City of Hollister since August 2006.
ASSOCIATION OF WORKPLACE INVESTIGATORS (AWI) Member

SPECIALIZED LEGAL SERVICES FOR CITY OF CARMEL-BY-THE-SEA
Kelly Anne Trainer - #220570
Current Status: Active

Address: Burke Williams & Sorensen LLP
1851 E 1st St Ste 1550
Santa Ana, CA 92705

Phone (949) 863-3363

Undergraduate School: Univ of Houston; Houston TX
Law School: McGeorge SOL Univ of the Pacific; CA

8/28/2002  Admitted to The State Bar of California

Hanson, John vs. City of Carmel By The Sea (M128436): Case Progress Conference, 6 January 2015

ABSTRACT: RE: SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY Hanson, John vs. City of Carmel By The Sea (M128436): Case Progress Conference, Tuesday, January 6, 2015 at 9:00 A.M., Courtroom 14. Note: MONTEREY COURTHOUSE, DEPARTMENT 14, 2nd Floor, Hon. Thomas W. Wills, Supervising Judge, Civil and Family Law Division, Master Civil Trial Department, Case Management, Appellate Department, Alternate. Case Details, Case Information, Name, Attorney Information and Schedule of Events are reproduced from SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY website.

Case Details of GNM128436 ;  Hanson, John vs. City of Carmel By The Sea
  
 

Case Information
Case Number
GNM128436
Case Caption
Hanson, John vs. City of Carmel By The Sea
Filing Date
7/3/2014
Case Type
Civil (General)
Filing Type
Complaint
Original Filing Date
7/3/2014
Agency
Agency Number

Name / AKA
Party Type
Last Name
First Name
Middle Name
Is AKA
DEF
City of Carmel By The Sea


PLF
Hanson
John


Attorney Information
Attorney Type
Last Name
First Name
Middle Name
PLF
Stamp
Michael
W.
DEF
Dinkin
Jeffrey
A

Schedule Events
Type
Date
Time
Location
Case Progress Conference
1/6/2015
09:00:00
Courtroom 14

McInchak vs. City of Carmel-by-the-Sea et al. (M128062): Case Management Conference, 9 December 2014

ABSTRACT: RE: SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY McInchak vs. City of Carmel-by-the-Sea et al. (M128062): Case Management Conference, Tuesday, December 9, 2014 at 9:00 A.M., Courtroom 14.  Note:  MONTEREY COURTHOUSE DEPARTMENT 14, 2nd Floor, Hon. Thomas W. Wills, Supervising Judge, Civil and Family Law Division, Master Civil Trial Department, Case Management, Appellate Department, Alternate. Case Details, Case Information, Name, Attorney Information and Schedule of Events are reproduced from SUPERIOR COURT OF CALIFORNIA COUNTY OF MONTEREY website.

Case Details of GNM128062 ;  McInchak vs. City of Carmel-by-the-Sea et al
  
 
Case Information
Case Number
GNM128062
Case Caption
McInchak vs. City of Carmel-by-the-Sea et al
Filing Date
6/4/2014
Case Type
Civil (General)
Filing Type
Petition
Original Filing Date
6/4/2014
Agency
Agency Number


Name / AKA
Party Type
Last Name
First Name
Middle Name
Is AKA
RES
Administrative Services Director of
by-the-Sea

AKA
RES
City Administrator of the City of


AKA
RES
City of Carmel-by-the-Sea


PET
McInchak
Steven

RES
Paul
Susan

RES
Stilwell
Jason



Attorney Information
Attorney Type
Last Name
First Name
Middle Name
PLF
Welsh
Michelle
A.
RES
Dinkin
Jeffrey
A


Schedule Events
Type
Date
Time
Location
Case Management Conference
12/9/2014
09:00:00
Courtroom 14