City Expenditures to STRADLING YOCCA CARLSON & RAUTH, PROFESSIONAL SERVICES-LEGAL, California Public Records Act Requests, $84,584.21 (October 2013-February 2014)

ABSTRACT: City Expenditures to STRADLING YOCCA CARLSON & RAUTH, P.C., the law firm hired by City Administrator Jason Stilwell to provide legal advice to the City regarding City Responses to California Public Records Act requests, totaled $84,584 between October 2013 and February 2014. Arguably, that total expenditure of taxpayer monies could have been better spent for other purposes, especially in the context of Monterey attorney Neil Shapiro statement, “We now know that the Stradling “team” had lots of conferences, sent each other “multiple emails” and “strategized,” presumably about how to avoid making public records public.” Selected quotations from City’s secrecy gets worse and worse, COMMENTARY by NEIL SHAPIRO, The Carmel Pine Cone, February 14, 2014, 21A, are presented. City Checks to STRADLING YOCCA CARLSON & RAUTH from City Check Registers are reproduced.

“Most requests can be handled by city staff, and there is always City Attorney Don Freeman — already on a monthly retainer and with lots of Public Records Act experience — for most of the rest.”

“Only an occasional request can properly merit referral to outside lawyers, much less a “team.” Yet at Stilwell’s direction the city apparently ran up more than $23,000 in fees for a single month for what appears to be looking for ways to try thwart your right to view the workings of your own government. Those are your tax dollars supporting that effort. And if anyone sues and vindicates the right to access, you get to pay the lawyers on both sides. If you don’t want your money spent hiding your government’s conduct from you, you need to say so. And loudly.”

Neil Shapiro is a Monterey attorney who has more than 40 years experience with the Public Records Act, including 27 years with the San Francisco Chronicle.

Source: City’s secrecy gets worse and worse
COMMENTARY by NEIL SHAPIRO, The Carmel Pine Cone, February 14, 2014, 21A

Note: City Attorney Don Freeman receives $7,500 per month.

CITY OF CARMEL-BY-THE-SEA CHECKS TO STRADLING YOCCA CARLSON & RAUTH:
127819 2/5/2014 STRADLING YOCCA CARLSON & RAUTH $30,883.71 01 61051 PROFESSIONAL SERVICES-LEGAL
Vendor Total--->$ 30,883.71

127678 1/9/2014 STRADLING YOCCA CARLSON & RAUTH $23,192.50 01 61051 PROFESSIONAL SERVICES-LEGAL
127678 1/9/2014 STRADLING YOCCA CARLSON & RAUTH $11,889.50 01 61051 PROFESSIONAL SERVICES-LEGAL
Vendor Total ----->$35,082.00

127469 12/6/2013 STRADLING YOCCA CARLSON & RAUTH $12,166.00 01 61051 PROFESSIONAL SERVICES-LEGAL
Vendor Total ----->$12,166.00

127373 11/14/2013 STRADLING YOCCA CARLSON & RAUTH $ 4,185.00 01 61051 PROFESSIONAL SERVICES-LEGAL
Vendor Total --->$4,185.00

127202 10/10/2013 STRADLING YOCCA CARLSON & RAUTH $ 2,267.50 01 61051 PROFESSIONAL SERVICES-LEGAL
Vendor Total---->$2,267.50

TOTAL: $84,584.21

ADDENDUM:
LEGAL

61051 PROFESSIONAL SERVICES Adopted Budget FY 2013-14 $275,000

Source: City of Carmel-by-the-Sea, California

Fiscal Year 2013-2014

Adopted Operating Plan & Budget

June 11, 2013

City Expenditures to MARK ALCOCK, FORENSIC EXAMINER, Total $216,286.29 (May 2013-February 2014)

ABSTRACT: Despite Carmel P.D. detective Rachelle Lightfoot stating that the McInchak investigation is “a top priority for our department,” (Still no charges against McInchak, By MARY SCHLEY, The Carmel Pine Cone, July 12, 2013), and Monterey County Chief Assistant District Attorney Terry Spitz stating an examination “can take days, if not longer,” thirteen months have elapsed since the date of the First Contract between the City and Mark Alcock, Forensic Examiner, on February 25, 2013, and the present date of March 31, 2014 without any announcement about the current status of this “ongoing” investigation. Expenditures to Mark Alcock between May 2013 and February 2013 from the City’s Check Registers total $216,286.29.  Note: In the aforementioned The Carmel Pine Cone news article, City Administrator Jason Stilwell stated “Mr. Alcock’s contract was approved in accordance with the city’s municipal code, and his invoices have been paid to date,” “As you are aware, Mr. Alcock’s services are in connection with an ongoing investigation.” It was later revealed that there was a Second Contract, dated May 5, 2013 and a Third Contract, dated June 19, 2013.

TOTAL CITY EXPENDITURES TO MARK ALCOCK, FORENSIC EXAMINER (May 2013-February 2014): $216,286.29.

127917 2/27/2014 MARK ALCOCK $8,400.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total---->$8,400.00

127921 2/27/2014 MARK ALCOCK $4,000.00 01 67053 CONTRACTUAL SERVICES-FORESNIC EXAM
127921 2/27/2014 MARK ALCOCK $9,000.00 01 69053 CONTRACTUAL SERVICES-FORESNIC EXAM
127921 2/27/2014 MARK ALCOCK $5,000.00 01 69053 CONTRACTUAL SERVICES-FORESNIC EXAM
Vendor Total -> $18,000.00

127466 12/6/2013 MARK ALCOCK $9,200.00 01 67053 CONTRACT SERVICES-EXAMINER
Vendor Total ----->$9,200.00

127460 12/6/2013 MARK ALCOCK $12,474.75 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$12,474.75

127372 11/14/2013 MARK ALCOCK $22,000.00 01 67053 CONTRACTUAL SERVICES-FORENSIC
Vendor Total --->$22,000.00

127289 11/7/2013 MARK ALCOCK $21,101.00 01 67053 CONTRACTUAL SERVICES-EXAMINER
Vendor Total--->$ 21,101.00

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
126978 9/11/2013 MARK ALCOCK $18, 668.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$60,346.00

126800 8/2/2013 MARK ALCOCK $13,180.54 01 67053 CONTRAL SERVICES IT SERCURITY
126800 8/2/2013 MARK ALCOCK $8,600.00 01 67053 CONTRALSERVICES IT EXAMINER
Vendor Total ---->$21,780.54

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

ADDENDUM:
ADMINISTRATIVE SERVICES
67053 CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $65,500

COMMUNITY PLANNING AND BUILDING

69053 CONTRACTUAL SERVICES Adopted Budget FY 201-14 $9,500

POLICE
74053 CONTRACTUAL SERVICES Adopted Budget FY 2013-14 $150,000

Source: City of Carmel-by-the-Sea, California
Fiscal Year 2013-2014
Adopted Operating Plan & Budget
June 11, 2013

Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award Program

ABSTRACT: “FOR THE first time in the city’s history, the Government Finance Officers Association has awarded Carmel-by-the-Sea the Distinguished Budget Presentation Award,” City Administrator Jason Stilwell announced this week, according to reporting in The Carmel Pine Cone (City gets award for budget, The Carmel Pine Cone, March 14, 2014, 29A).  While the award represents “the highest form of recognition in governmental Budgeting,” fifty agencies in California were Distinguished Budget Presentation Award Winners in Budget Year Beginning Fiscal Year 1/1/2012-12/1/2012, the Most Recent Results posted online. For budgets including Fiscal Year 2013, over 1,340 entities received the Award.  The Government Finance Officers Association (GFOA) is a professional association of finance officers in the United States and Canada. GFOA is a nonprofit association serving over 17,800 government finance professionals throughout North America. The GFOA’s Distinguished Budget Presentation Awards Program is the only national awards program in governmental budgeting. Further information about Government Finance Officers Association is presented. In addition, a link to “A Case Study of the City of Colorado Springs A Risk-Based Analysis of General Fund Reserve Requirements” is provided; selected information regarding the City of Colorado Springs is featured and comparisons to the City of Carmel-by-the-Sea.

Government Finance Officers Association

MISSION STATEMENT
The purpose of the Government Finance Officers Association is to enhance and promote the professional management of governments for the public benefit by identifying and developing financial policies and best practices and promoting their use through education, training, facilitation of member networking, and leadership.

Distinguished Budget Presentation Award Program

GFOA Award Winners by State/Province
Most Recent Results
Budget Years Beginning Fiscal Year 1/1/2012 12/1/2012

GFOA Budget Reviewers by State/Province During Calendar Year 2013

STATE/ PROVINCE FIRST/ NAM LAST/ NAME TITLE COMPANY CITY REVIEWER START DATE

CA Jason Stilwell City Administrator City of Carmel-by-the-Sea Carmel Jul-02

ADDENDUM:

"Managing reserves, however, can be a challenge. The main question is how much money to maintain in reserve – how much is enough, and when does it become too much? This can be a sensitive question, since money held in reserve is money taken from constituents, and it can be argued that excessive reserves  should be returned to citizens in the form of lower taxes."

Executive Summary

A Case Study of the City of Colorado Springs

A Risk-Based Analysis of General Fund Reserve Requirements

Government Finance Officers Association
May 2013

Budgetary Uncertainty Reserve
Approximately 12.5 percent of general fund revenues as budgetary uncertainty reserve

Emergency Reserve
Approximately 12.5 percent of general fund revenues as an emergency reserve

Combining the components gives us a target of approximately 25 percent of general fund revenues, which is in line with the range of reserves actually maintained by other cities that are comparable to Colorado Springs. It is also greater than the 16 percent the GFOA considers a minimum baseline level.5

5 See the GFOA best practice, Appropriate Level of Unrestricted Fund Balance in the General Fund, available at www.gfoa.org. According to this best practice document, governments should establish a formal policy of maintaining reserves equal to about 16 percent of revenues or expenditures, and the actual target should be based on an analysis of the salient risks the government faces – which in many cases calls for a reserve level of more than 16 percent.

City of Colorado Springs, CO.
Budgetary Uncertainty Reserve $27 million
$27 million, or approximately 12.5 percent of general fund revenues as budgetary uncertainty reserve

Emergency Reserve $27 million
$27 million, or approximately 12.5 percent of general fund revenues as an emergency reserve

Based on the 2012 budget estimate of approximately $220 million in general fund revenue.

City of Carmel-by-the-Sea, CA.
FUND BALANCE
Estimated 6/30/2014 Balance $10,259,848
Total All Funds/Net Assets $8,638,275

Based on adopted budget of $18.2 million
Source: City of Carmel-by-the-Sea, California
Fiscal Year 2013-2014 Proposed Operating Plan & Budget
Note: Approximately 25 percent of general fund revenues, $4.55 million

FUND BALANCE POLICY
The Fund Balance Policy is designed to develop standards for setting reserve levels for various, significant City funds. Adequate fund balance and reserve levels are a necessary component of the City’s overall financial management strategy and a key factor in external agencies’ measurement of the City’s financial strength. The City shall maintain reserves at a prudent level, and shall use reserves appropriately with a focus on contributing to the reserves in good times and drawing on the reserves in times of difficult budget periods to maintain a consistent level of service and quality operations. Use of reserves are to supplement the annual budget.

Guidelines:
1. General Fund and Hostelry Fund reserves shall be maintained at no less than ten percent (10%) of their annual projected revenues.

2. The City shall maintain prudent reserves for identified liabilities
a. A Vehicle Replacement reserve will be maintained sufficient to replace vehicles and heavy equipment at the end of their useful lives, with the target being 10% of the total City fleet replacement value.
b. Technology equipment replacement reserves will be maintained sufficient to repair covered equipment and for replacement at the end of its useful life.

3. The City will maintain a long-term budget stability reserve consisting of any unassigned General Fund balance. When available, the year-end General Fund operating surplus will be dedicated to the long-term budget stability reserve.

4. A general capital reserve fund will be maintained with a targeted balance of 20% of the estimated total five-year capital improvement plan project expenditure. Net proceeds from the sale of City owned property will be dedicated to the general capital reserve. Funds in the general capital reserve will be allocated through the budget process for capital projects.

5. Reserves shall be used only for established purposes.

6. Depleted reserves shall be restored as soon as possible.

7. A minimum level for each of the reserve funds shall be established (see chart below).

8. The City shall maintain reserves required by law, ordinance and/or bond covenants.

Source: City of Carmel-by-the-Sea, California
Fiscal Year 2013-2014 Proposed Operating Plan & Budget

City Council Special Budget Hearing 11 June 2013: $18.2 Million Proposed Fiscal Year 2013/2014 Operating Plan & Budget

  Special City Council Meeting Agenda Packet 06-11-13

SPECIAL CITY COUNCIL MEETING AGENDA PACKET
Tuesday, June 11, 2013

ABSTRACT:  The City Council is scheduled to conduct a Special Council Budget Hearing on Tuesday, June 11, 2013 at 4:30 P.M, City Hall, East side of Monte Verde Street between Ocean and Seventh Avenue. The City of Carmel-by-the-Sea, California Fiscal Year 2013-2014 Proposed Operating Plan & Budget (May 7, 2013) document is embedded. The EXECUTIVE SUMMARY states, in part, as follows:

The Fiscal Year 2013-2014 operating plan, including the recommended budget, is submitted for your consideration, possible amendment, and adoption. This document serves as a policy document, financial plan, operations guide, and communications device. It includes seven sections. First, this budget message which includes an executive summary, five-year financial forecast, city goals and objectives and the policy planning and management system in place to meet the goals and objectives, and discussion of key issues affecting the budget. Second, a statistical section describing the organization, our community, and population; this information provides context for the upcoming fiscal year. Third, a summary section providing summary schedules of the proposed budget including revenue, expenditure, staffing, and debt service summaries. The fourth section includes the department pages describing the operations, proposed budget, staffing, goals and objectives, and performance data for each department. Fifth, the proposed capital expenditures and description of projects. The sixth section includes the City’s financial policies. The final section is a glossary of terms and acronyms. The budget document is geared toward providing clear and transparent information in a format that explains the link between City Council objectives and departmental operations.
The proposed budget is an $18.2 million operating plan and is balanced. The proposed budget grows by $3.2 million from the prior year budget mostly as a result of the voter approved one-percent sales tax increase (Measure D). This additional funding is allocated in accordance with the Service Level Sustainability Plan identified by the City Council and presented to voters prior to the election. That plan, which this proposed budget comports with, calls for using additional Measure D funding for priority services, deferred maintenance of infrastructure and roads, capital investment, debt repayment, and stabilization of reserves. Capital investment is less than what was proposed in the Capital Improvement Plan but includes the additional $292,100 for street and road repair as directed by the City Council when reviewing the Capital Improvement Plan. Staffing grows by 4.03 full-time equivalent employees. The primary reason for the proposed staff is to meet the requirements of completing 44% more capital improvements, in dollar terms, and twice the number of projects than in the prior year.

 

City of Carmel-by-the-Sea, California

Fiscal Year 2013-2014 Proposed Operating Plan & Budget

May 7, 2013