Sunday, November 17, 2013

Friday, November 15, 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.

Thursday, November 14, 2013

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

Tuesday, November 12, 2013

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.

Saturday, November 09, 2013

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

Friday, November 08, 2013

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