Thursday, October 30, 2014

CITY COUNCIL SPECIAL SESSION AND REGULAR & CLOSED SESSION MEETINGS, November 4, 2014


AGENDA
SPECIAL SESSION
CARMEL-BY-THE-SEA CITY COUNCIL
Tuesday, November 4, 2014 – 4:15 p.m.

AMENDED Agenda City Council 11-4-14

AMENDED AGENDA
REGULAR AND CLOSED SESSION MEETINGS
CARMEL-BY-THE-SEA CITY COUNCIL
Tuesday, November 4, 2014 – 4:30 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues
Carmel-by-the-Sea, California

Ten Noteworthy 3 November 2014 City Council Closed Session & Special Meetings Agenda Items

ABSTRACT:  Ten Noteworthy 3 November 2014 City Council Closed Session and Special Meetings Agenda Items, namely Announcements from Closed Session, Announcements from City Council Members, Announcements from City Administrator, PUBLIC APPEARANCES, Receive Public Record Act and Media Request Logs, Consideration of a Resolution Authorizing the City Administrator to extend the Lease Rental Agreement with National Parking and Valet for the Management of the Tour Bus Zone and Ocean Ave Pilot Program, and Execute the Agreement with National Parking and Valet for the Pilot Parking Ambassador Program, Consideration of a Resolution Authorizing the City Administrator to Eliminate the Position of Administrative Services Director and to fund the Human Resources Manager Position, Consideration of a Resolution Authorizing the Mayor to Execute an Employment Agreement between the City of Carmel-by-the-Sea and Douglas J. Schmitz, City Administrator., Responses to Public from the Community Forum of September 8, 2014 and Receive Farmers Market Ad Hoc Committee and Community Activities and Cultural Commission Recommendations regarding the Farmers’ Market and provide direction; Consider extending the current Contract with West Coast Farmers’ Market Association for up to six months per the Recommendations of CA&CC, are presented. Supporting materials, including Council Reports, are embedded.


CITY OF CARMEL-BY-THE-SEA
CLOSED SESSION AND SPECIAL MEETINGS
Monday, November 3, 2014 – 4:30 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues


CLOSED SESSION - 4:30 p.m.

CALL TO ORDER: Mayor Burnett

ROLL CALL:
Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

PUBLIC COMMENTS:
Mayor Burnett to ask for Public comments on matters ONLY described in this Special Meeting Notice (Government Code Section 54954.3).

AGENDA ITEM(S):
Item 1: LABOR NEGOTIATIONS
Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

ADJOURNMENT OF CLOSED SESSION

OPEN SESSION – 5:30 p.m.

2. ROLL CALL

Mayor: Burnett
Mayor Pro Tem: Beach
Council Members: Dallas, Talmage, Theis

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

Item 5.A: Announcements from Closed Session

Item 5.B: Announcements from City Council Members (Council Members may ask a question for clarification, make an announcement or report on his or her activities)

Item 5.C: Announcements from City Administrator

6. PUBLIC APPEARANCES

At this time, members of the public may comment on any item NOT appearing on the agenda. Under State Law, matters presented under this item cannot be discussed or acted upon by the City Council. For items appearing on the agenda, the public will be invited to make comments at the time the item comes up for Council consideration. At all times please use the microphone.
In response to your comments, the Mayor or presiding Council Member may:
 Direct staff to assist or coordinate with you.
 A Council Member may state a desire to meet with you.
 It may be the desire of the Council to place your issue or matter on a future Council agenda.
Please adhere to the following procedures when addressing the Council:
 Comment will be limited to 3 minutes or less.
 Your comments should be directed to the Council as a whole and not directed to individual Council Members.

7. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the City Council unless otherwise requested by an individual Council Member or the public for special consideration. Otherwise the recommendation of staff will be accepted and acted upon by majority voice vote.

Item 7.C: Receive Monthly Summary Report:
c. Receive Public Record Act and Media Request Logs

Item 7.F: Consideration of a Resolution Authorizing the City Administrator to extend the Lease Rental Agreement with National Parking and Valet for the Management of the Tour Bus Zone and Ocean Ave Pilot Program, and Execute the Agreement with National Parking and Valet for the Pilot Parking Ambassador Program.

Recommendation: Adopt Resolution by Consent Calendar.



Item 7.I Consideration of a Resolution Authorizing the City Administrator to Eliminate the Position of Administrative Services Director and to fund the Human Resources Manager Position.

Recommendation: Adopt Resolution by Consent Calendar

Eliminate the Position of Administrative Services Director 11-3-14

Item 7.J: Consideration of a Resolution Authorizing the Mayor to Execute an Employment Agreement between the City of Carmel-by-the-Sea and Douglas J. Schmitz, City Administrator.

Recommendation: Adopt Resolution and execute agreement by Consent Calendar.

Employment Agreement Between City and Douglas J. Schmitz City Administrator 11-3-14

Item 7.K: Responses to Public from the Community Forum of September 8, 2014.

Recommendation: Receive included information, no action required.

Responses to Public From the Community Forum of September 8, 2014 11-3-14

8. ORDERS OF COUNCIL
Item 8.A: Receive Farmers Market Ad Hoc Committee and Community Activities and Cultural Commission Recommendations regarding the Farmers’ Market and provide direction; Consider extending the current Contract with West Coast Farmers’ Market Association for up to six months per the Recommendations of CA&CC.

Recommendation: Receive Information and provide direction.

CITY COUNCIL: Minutes of the October 2, 2014 Closed and Special City Council Meeting, Minutes of the October 7, 2014 Regular City Council Meeting & Minutes of the October 7, 2014 Closed and Special City Council Meeting


Minutes of the October 2, 2014 Closed and Special City Council Meeting
Minutes of the October 7, 2014 Regular City Council Meeting
Minutes of the October 7, 2014 Closed and Special City Council Meeting

Monday, October 27, 2014

CITY COUNCIL, FOREST AND BEACH COMMISSION, COMMUNITY ACTIVITIES & CULTURAL COMMISSION, HISTORICAL RESOURCES BOARD, PLANNING COMMISSION SPECIAL WORK-STUDY SESSION, October 29, 2014

FOREST THEATER RENOVATION
CITY OF CARMEL - BY - THE - SEA
CODY ANDERSON WASNEY ARCHITECTS

Special Work-study Session Agenda 10-29-14
AGENDA 
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
Wednesday, October 29, 2014

Staff Report Forest Theater 10-29-14 Meeting
CITY OF CARMEL-BY-THE-SEA
Council Report
October 29, 2014
Subject: Update of the Forest Theater Renovation

EXECUTIVE SUMMARY:
On October 21, 2014, City Council received an update on the Forest Theater by Chris Wasney of Cody Anderson Wasney Architects. The update included an assessment of the facilities, its current deficiencies, and the proposed schematic scope of work to address the deficiencies. Council requested the architect to explore other options pertaining to accessible seating and path of travel. In addition, Council requested the architect continue to explore the concept of the boardwalk as an accessible path of travel; the feasibility of reducing stairs to access seating; the use of handrails for aisle seating and adding more curvature to the proposed accessible parking and driveway. The purpose of this agenda item is to receive an update from Cody Anderson Wasney Architects regarding these possible design changes and then consider authorizing the project to move forward for preparation of construction documents, permits and bidding in order to reopen the facility by June 2015.

Friday, October 24, 2014

Steve McInchak, Information Systems & Network Manager, Died October 22, 2014

ABSTRACT:Steve McInchak, the Carmel information systems and network manager who was accused of wrongdoing and later cleared, has died. He was 63.” “Mr. McInchak, who was suing the city of Carmel, died early Wednesday of an apparent heart attack, his attorney, Michelle Welsh of Pacific Grove, announced Friday,” according to reporting in The Monterey County Herald.

REFERENCES:
Carmel systems manager Steve McInchak dies
Attorney says he died of apparent heart attack
By Thomas Leyde, The Monterey County Herald, 10/24/2014

by David Schmalz, MONTEREY COUNTY WEEKLY
Posted: Friday, October 24, 2014

Wednesday, October 22, 2014

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, September 2014

ABSTRACT:  For the month of September 2014, the City received twenty-four (24) public record act requests, namely Request Nos. 2014-102 through 2014-124 and 2014-126 (PRA 2014-102, 2014-103, 2014-104, 2014-105, 2014-106, 2014-107, 2014-108, 2014-109, 2014-110, 2014-111, 2014-112, 2014-113, 2014-114, 2014-115, 2014-116, 2014-117, 2014-118, 2014-119, 2014-120, 2014-121, 2014-122, 2014-123, 2014-124, 2014-126).  Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, SEPTEMBER 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, August 2014

ABSTRACT:  For the month of August 2014, the City received nine (9) public record act requests, namely Request Nos. 2014-093 through 2014-101 (PRA 2014-93, 2014-94, 2014-95, 2014-96, 2014-97, 2014-98, 2014-99, 2014-100, 2014-101). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, AUGUST 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, July 2014

ABSTRACT:  For the month of July 2014, the City received fourteen (14) public record act requests, namely Request Nos. 2014-079 through 2014-092 (PRA 2014-79, 2014-80, 2014-81, 2014-82, 2014-83, 2014-84, 2014-85, 2014-86, 2014-87, 2014-88, 2014-89, 2014-90, 2014-91, 2014-92). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, JULY 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, June 2014

ABSTRACT:  For the month of June 2014, the City received fourteen (14) public record act requests, namely Request Nos. 2014-65 through 2014-78 (PRA 2014-65, 2014-66, 2014-67, 2014-68, 2014-69, 2014-70, 2014-71, 2014-72, 2014-73, 2014-74, 2014-75, 2014-76, 2014-77, 2014-78). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, JUNE 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, May 2014

ABSTRACT:  For the month of May 2014, the City received eleven (11) public record act requests, namely Request Nos. 2014-52, 2014-54 and 2014-56 through 2014-64 (PRA 2014-52, 2014-54, 2014-56, 2014-57, 2014-58, 2014-59, 2014-60, 2014-61, 2014-62, 2014-63, 2014-64). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, MAY 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, April 2014

ABSTRACT:  For the month of April 2014, the City received fourteen (14) public record act requests, namely Request Nos. 2014-40 through 2014-51, 2014-53 and 2014-55 (PRA 2014-40, 2014-41, 2014-42, 2014-43, 2014-44, 2014-45, 2014-46, 2014-47, 2014-48, 2014-49, 2014-50, 2014-51, 2014-53, 2014-55). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, APRIL 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, March 2014

ABSTRACT:  For the month of March 2014, the City received ten (10) public record act requests, namely Request Nos. 2014-30 through 2014-39 (PRA 2014-30, 2014-31, 2014-32, 2014-33, 2014-34, 2014-35, 2014-36, 2014-37, 2014-38, 2014-39). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, MARCH 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, February 2014

ABSTRACT:  For the month of February 2014, the City received twelve (12) public record act requests, namely Request Nos. 2014-18 through 2014-29 (PRA 2014-18, 2014-19, 2014-20, 2014-21, 2014-22, 2014-23, 2014-24, 2014-25, 2014-26, 2014-27, 2014-28, 2014-29). Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.
PUBLIC RECORDS ACT REQUEST LOG, FEBRUARY 2014 & CITY’S RESPONSES

PUBLIC RECORDS ACT REQUESTS & CITY’S RESPONSES, January 2014

ABSTRACT:  For the month of January 2014, the City received seventeen (17) public record act requests, namely Request Nos. 2014-1 through 2014-17 (PRA 2014-1, 2014-2, 2014-3, 2014-4, 2014-5, 2014-6, 2014-7, 2014-8, 2014-9, 2014-10, 2014-11, 2014-12, 2014-13, 2014-14, 2014-15, 2014-16, 2014-17. Relevant pages from the City’s Public Records Act Request Log and the City’s Responses document is embedded.

Pra Log January 2014
PUBLIC RECORDS ACT REQUEST LOG, JANUARY 2014 & CITY’S RESPONSES

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.

AMENDED AGENDA Special Workstudy & Closed Session Packet 10-21-14
*AMENDED AGENDA
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

Friday, October 10, 2014

GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT, REGULAR MEETING, AGENDA & MINUTES October 13, 2014

AGENDA PACKET, REGULAR MEETING
GOVERNANCE COMMITTEE FOR THE MONTEREY PENINSULA WATER SUPPLY PROJECT
October 13, 2014

SUMMARY OF COUNCIL ACTION, REGULAR MEETING OCTOBER 7, 2014

SUMMARY OF COUNCIL ACTION
REGULAR MEETING OCTOBER 7, 2014

SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell

ABSTRACT:  The SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell, executed, approved and accepted on October 7, 2104, signed by JASON J. STILWELL, JASON BURNETT, Mayor, DONALD G. FREEMAN, City Attorney and Attorney for JASON J. STILWELL, Peter Rukin, is embedded. HIGHLIGHTS are presented, including EMPLOYEE IS HEREBY ADVISED THAT HE HAS UP TO TWENTY-ONE (21) CALENDAR DAYS TO REVIEW THIS AGREEMENT TO CONSULT WITH AN ATTORNEY PRIOR TO EXECUTION OF THIS AGREEMENT.  
EMPLOYEE AGREES THAT ANY MODIFICATIONS, MATERIALS OR OTHERWISE MADE TO THIS AGREEMENT DO NOT RESTART OR AFFECT IN ANY MANNER THE ORIGINAL TWENTY-ONE (21) CALENDAR-DAY CONSIDERATION PERIOD.
HAVING ELECTED TO EXECUTE THIS AGREEMENT, TO FULFILL THE PROMISES AND TO RECEIVE THE SUMS AND BENEFITS IN PARAGRAPH 7. ABOVE, EMPLOYEE FREELY AND KNOWINGLY, AND AFTER DUE CONSIDERATION, ENTERS INTO THIS AGREEMENT INTENDING TO WAIVE, SETTLE AND RELEASE ALL CLAIMS HE HAS OR MIGHT HAVE AGAINST CITY, INCLUDING ANY CONTRACTUAL OBLIGATIONS CITY MAY HAVE TO EMPLOYEE.
SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell
October 7, 2014

HIGHLIGHTS OF SEPARATION AGREEMENT AND RELEASE by and between the City of Carmel-by-the-Sea and Jason J. Stilwell

·         THIS SEPARATION AGREEMENT AND RELEASE {hereinafter ''Agreement") is made and entered into by and between the City of Carmel-by-the-Sea (hereinafter "City") and Jason J. Stilwell (hereinafter "Employee").

·         City Council accepted Employee's resignation effective upon the appointment of a new City Administrator; and City Council appointed a new City Administrator effective October 6, 2014;

·         Resignation. Employee hereby voluntarily and irrevocably resigns from employment with City effective with the appointment of a new City Administrator.

·         The Parties' Full Release. In return for the consideration discussed in Paragraph 7. of this Agreement, Employee, and on behalf of his heirs, successors, and assigns, on the one hand; and City, its successors, assigns, employees, officers, and directions, on the other hand; agree to forever release and discharge each other and each other's predecessors, successors, employees, officers, directors, and anyone else acting on behalf of such party (collectively "Released Parties'') from any and all claims , charges, liabilities, liens, damages and causes of action, obligations, and duties, known or unknown, which the non-releasing party may have, or may claim to have, against any of the Released Parties arising out of or, in any way related to Employeets -relationship or involvement with City or any of the Released Parties, including any contractual or employment relationship or involvement, save and except for the obligations stated in this Agreement. This Release specifically extends to, without limitation, claims or causes of action for breach of contract, wrongful termination, breach of an express or implied contract, breach of the covenant of good faith and fair dealing1 breach of fiduciary duty or any other duty, fraud, misrepresentation, interference with an contractual or other business relationship, infliction of emotional distress, discrimination, harassment, retaliation, disability, loss of future or past earnings, whistleblower-related claims , and claims brought under the California State Constitution, the United Sates Constitution, or applicable state and federal fair employment statutes and regulations, including but not limited to: the Civil Rights Act of 1964, as amended; the Fair Labor Standards Act, as amended; the Worker Retraining and Notification Act of 1988, as amended; the Americans with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Age Discrimination in Employment Act , as amended; and the California Fair Employment and Housing Act, as amended. Nothing in this Agreement shall affect the U.S. Equal Employment Opportunity Commission's ("EEOC") rights and responsibilities to enforce the Civil Rights Act of 1964, as amended; the Age Discrimination Employment Act of 1967, as amended; or any other applicable law, nor shall anything in this Agreement be construed as a basis for interfering with Employee ' s protected right to file a charge with, or participate in an investigation or proceeding conducted by, the EEOC, or any other state, federal or local government entity; provided, however, if the EEOC or any other state, federal or local government entity commences an investigation on Employee's behalf, Employee specifically waives and releases his right, if any, to recover any monetary or other benefits or relief of any sort whatesoever arising from any such investigation.

·         Waiver - California Civil Code Section 1542. This release is intended as a full settlement and compromise of each, every, and all claims of every kind and nature whether based on statute, regulation, tort, contract, public policy, or any other theory, which either party has every had relating to, or arising out of, Employee's relationship with City. No claim, right, cause of action or demand is reserved. The Parties expressly waive any and all rights they may have under Section 1542 of the Civil Code of the State of California,

·         Employee will remain on City payroll at his current regular rate and will continue to receive his regular benefits until November 30, 2014; and Employee shall be placed on leave status from December 1, 2014, through and including until January 31, 2015, (hereinafter "Notice Period"); 

·         Legal Services-Third Party Claims. City will defend Employee and will indemnify him as provided in Government Code Sections 825(a) and {b) to the same extent that it would provide any other employee or officer of City with such legal defense and indemnification in any action in which Employee is named as a defendant, in either his official or individual capacity, arising out of his employment with City. In turn, Employee will cooperate with City in the preparation or defense of pending or actual litigation involving his knowledge of City actions to the extent reasonably possible.

·         Legal Advice. Employee sought and received legal and financial advice regarding the effect of this Agreement prior to signing it. Employee acknowledges that he has been given a reasonable period of time to study this Agreement before signing it, Employee also acknowledges that he is executing this Agreement freely, knowingly and voluntarily and is fully aware of the contents and effects thereof and that his execution of this Agreement is not the result of any fraud, duress , mistake or undue influence whatsoever. Other than the terms and conditions set forth in this Agreement, Employee does not rely on any inducements , promises or representations by City or any person in executing this Agreement.