25

CITY OF CARMEL-BY-THE-SEA
Council Report
September 10, 2013
To: Honorable Mayor and Members of the City Council
From: Jason Stilwell, City Administrator
Subject: Media Inquiry Log
Recommendation(s): Receive and file the report on the Public Records and Media Request log.
Executive Summary: At the August 6, 2013 City Council meeting, the City Council asked for a
copy of the City's media inquiry log which is attached. The log provides a
listing of all Public Records Act requests and media inquiries the City
received over approximately the last three months.
Analysis/Discussion: The City has received a sharp spike in Public Records Act requests and
media inquiries in recent months. To manage the requests and help
assure that the City is responding in a timely manner and as required by
law, staff is logging the inquiries and is utilizing a managed process to
provide complete and accurate responses. This process is analogous to
processes used in other public agencies to manage workload while
working toward compliance with legal requirements while providing the
public with accurate information responsive to their requests.
Fiscal Impact:
Budgeted (yes/no)
yes
The increased volume has resulted in fiscal impacts. Staff time is being
diverted from other required work to provide Public Records Act follow-
up and responses. Staff is keeping an estimate of staff time diverted.
Due to the volume of requests and the need to assure accuracy in legal
compliance, there are direct expenses for consultants to prepare and
review proposed responses to assure they meet the requirements and
any exceptions of the California Public Records Act and other legal
requirements. The cost of complying with Public Records Act requests
must be borne by the City's budget save any copying expenses (ten cents
per page) or State mandate reimbursement (if any).
Funding Source( general fund, grant, state)
General fund
1
26
Previous Council
Action/Decision History:
Requested information on the number of Public Records Act requests at
the August 6, 2013 City Council meeting.
Reviewed by:
City Administrator ~ City Attorney 0
Asst. City Admin.
Public Safety Dir
D
D
Dir of CPB
Library Dir
D
D
2
Administrative Services D
Dir of Public Svcs
Other
D
D
2
7
8/21/2013 Pine Cone-M Schley
8/20/2013
8/16/2013 18/29/2013 !Jacqueline C. Simonelli
5:33p.m. So
received
8/19/2013 I Pine Con e-M Schley
8/6/2013 Pine Cone-M Schley
8/3/2013 8/13/2013
Annual total expenses on legal bills, both for outside contractors and
for Don Freeman for each of the oast five fiscal vears
Road maintenance maps August 2013
of Ordinance No. 89-17
Plan holders list Santa Fe and Fourth Storm Drain Relocation Project
Building permits from the City of Carmel of the complete project of Pot
D/or LLC plans OS 122 on the NS corner of Lincoln & 5th Avenue (Block
53,1ot 19) under the names of Chris Tescher and Dennis LeVett (Also
LLC
Could you please tell me how much Teri Black & Co has received so far
for the P & B Director recruitment effort? I have only found one for
services or products the following vendors provided: 126626
Hardee Investigations; Monterey County Sheriff, $10,747.85; 126582,
Monterey County District Attorney, $1,707 .64; 126629, Public
Consulting Group, $30,035.96; 126518 Professional Property
Maintenance, $14,518.46. To save time, I won't ask for copies of the
invoices at this point, in case that step is not, in fact, necessary. A
simple description of what the city received from each vendor will
AMENDED PRA Request: contract, checks invoices for Miller Starr
Regalia, Walnut Creek, CA., pertaining to the Flanders Mansion;
correspondence between Miller Starr Regalia and the lease proposal
appl icants
Page 1 of 11
8/ 22/2013
8/21/2013
8/23/2013
PENDING
8/19/2013
8/22/2013
8/15/2013 Res:
Correspondence
pending, all other
docs available @
clerk's office
2
8
8/1/2013
7/31/2013
7/30/2013 8/9/2013
7/30/2013 18/9/2013
7/30/2013 8/10/2013
7/29/2013 18/8/2013
7/27/2013 T8/6/2013
I
/26/2013 18/S/2013
7/23/2013 18/2/2013
7/23/2013 18/2/2013
Pine Cone-M Schley
E copies of the contract, checks and invoices regarding the proj ect
Manager hired to do an inventory and use plan of city-owned facilities Available @ City
ny invoices Mark Alcock has submitted to the city of payment since
Hall
8/22/2013
Avail able@ City
Hall
Royal Calkins at Monterey I Copies of any email exchanges between you (Stilwell) and Paul Mi ller 8/22/2013
County Herald the Carmel Pine Cone since your arrival in Ca rmel
Laurie Dillard CC1300378 1-Case Provided
I Leron Paterson I Provide readable (lighter) copies of Checks Nos. 126240 & 126410 8/2 and 8/12
(pages 79 & 80). Avail able@
Hall
. .:- ..... ....
' .
,.,.
W.M. Penn Annex-Ins
ICA1300458
Auto. Accident
Report Provided
!Gerard McNearney lcG1000582 Arrest Report
Provided
.
!susan Ngar CG1300359
I Animal Bite
Report Provided
.
I Leron Paterson I E-copy of the contract between the Ci ty and West Coast Farmers I PENDING
Market Association for the weekly Famers Market at the north parking
Sunset Center.
'
I Leron lcity employment contract/agreement for the following: Jason Stilwell, I PENDING
Heidi Burch, Don Freeman, Steve Mclnhak, Rose Franzen, John Hanson;
and building i nspections with Art Black and Tim Meroney
. . : \- ....
I Howard Perling i cA1300398
I Auto Accident
Report Provided
Page 2 of 11
2
9
7/22/2013 8/1/2013 Johanna White CC1300384;CC1300328 Two - l-eases
Provided
7/22/2013 8/1/2013 Lucinda Anderson CA1300397 Auto Accident
Report Provided
7/22/2013 18/1/2013 I Leron Paterson I City employment contract/agreement for the f ollowing: Sharon
I
PENDING
Friedrichsen, Susan Paul, Mike Zimmer, Daryl Betancur, and list of all
contracts, what they provided and with whom, and their costs as of
uly 2013 (a prior request by Mary Schley, April11, 2013).
I
.
7/20/2013 17/31/2013 I Leron Paterson I Redacted Mark Alcock agr, lighter copies of checks #126240 & 126410 8/22/2013 cks
previously provided, PRA requests of Jerome Post & responses by J. available at City
Stilwell Hall.
7/19/2013 Pine Cone-M. Schley Any new documents in the Simonelli vs. Carmel Case
I
7/30/2013
7/15/2013 17/25/2013 I Pine Con e-M. Schley j UCR reports for last 10 years; cases cleared for last 10 years
I
UCR&
Clearances for
the past f ive
7/15/2013 17/25/2013 l oan Vancas l cc1100444;CC0800607 I Two - l-eases
Provided
Page 3 of 11
3
0
7/14/2013
/12/2013 l 7 /22/2013 I Leron Paterson
Paterson
I
7/12/2013
lnvoice(s) request:l. 126385, 5/24/13 to KAH for 3689.50; 2. 125204,
4/22/13 to KAH for 6123.53; 3. 126073, 3/20/13 to KAH for 5477.92;
4. 125839, 2/5/13 and 125962, 2/26/13 t o KAH for a total of 15764.88;
5. 126285, 5/18/13 to LCW for 4419.20; 6. 126101, 3/27/13 to LCW
\for 1265.00; 7. 125965,2/26/13 to LCW for 682.00; 8. 125724,
i 1/16/13 to LCW for 2962.00; 9. 126290, 5/8/13 to Chris Millard for
j15934.27; 10. 126547, 6/5/13 to US Bank for 3269.36; 11. 126313,
5/8/13 to US Bank for 5598.64; 12. 126013, 3/5/13 and 126093,
3/20/13 to US Bank for a total of 12641.36; 13. 125753, 1/16/13 and
1
125816, 1/30/13 to US Bank for a total of 17980.09
E-copies of the following: contract, checks, and invoices and any an all 8/15/2013-
related materials regarding the firm hired to handle the City of Carmel- Corresp.
I
by-the-Sea request for proposals leasing of the historic Flanders , pending all
Mansion; and correspondence between the City and the firm regarding I other docs
the Carmel-by-the-Sea request for proposals leasing of the historic j available @ City
Flanders Mansion. hall
I City contract with Mark Alcock for $25,000, signed by City 7/19/2013 and
Administrator Jason Stilwell on 2/25/13; all requests for information 8/13 contract
from reporters, editor, publisher and owner of the Carmel Pine Cone avail @ City Hall
and City responses between January 1, 2013 and the present. All
!correspondence between reporters, editor, publisher and owner of the
' carmel Pine Cone and City responses between January 1, 2013, and the
City's Policy and Procedure Data Sheet. "Alcock provided me with
Carmel 's City Policy and Procedure Data Sheet and pointed out where it :
,stated that city management had a right to access and monitor
I employee computers as needed and that the systems were restricted
ito city business. It stated that there was no expectation of privacy to
iextend to work related conduct or to the use of city owned equipment
or supplies, that the information systems manager was to act under
administrative direction, and that the use of access codes of other
employees to gain access to their e-mail and phone messages, or any
computer account was prohibited except by management Mclnchak's
\
position was not considered a management position." Source: Search
Warrant Affidavit p. 6.
Page 4 of 11
3
1
/11/2013
7/10/2013
7/8/2013
7/1/2013
7/1/20313
6/28/2013
/22/2013 I Pine Cone
7/22/2013 I Pine Con e-M Schley
All requests for information from reporters, editor, publisher and
owner of the Carmel Pine Cone and City responses between January 1,
2013 and the present; all correspondence between reporters, editor,
publisher and owner of the Carmel Pine Cone and City responses
between January 1, 2013 and the present.
Who redacted paragraph 3B of the Alcock contract?; complete
unredacted copies of all invoices from attorneys working for the City
during the last six months.
Job Description and Pay Range for the IT Manager Position
7/18/2013 Kock/Profile Finders Ill Stale-dated/un-cashed checks information; 2) cash
deposits/performance bonds/cash securities/escrow information; 3)
property tax overpayments/unclaimed tax lien certificate information.
7/11/2013 I Pine Cone-M Schley
leron Paterson
uminous request includes approximately 13 other similar request
all city departments (see submitted request).
me post's public records act request for documents related to the
recruitment of an Administrative Services Director; City Administrator
Stilwell's response which includes the verbiage releasing
recruitment records like background checks and emails could
negatively impact the city's ability to recruit future job candidates,
"because of a concern that their information will not be maintained
confidentially, which could be potentially embarrassing to an i
individual, both professionally and personally."
ecks and invoices for: 12540 Witman Enterprises, LLC; 126450 Public
Consulting Group; 126443 LCW; 126433 Fasulo Investigations; 126427
r ~ ~ ~ ~ h Communications
E-copies of Agenda Item VII.K-Authorize approval of Auto/Mutual Aid
APrPPmPnt with American Medical Response (AMR); Agenda Item Vll.l-
Page 5 of 11
7/22/2013
7/15/2013
Provided job
description, still
working on pay
range
PENDING
7/29/2013
PENDING
7/1/2013
3
2
/2013 7/3/2013 Brett Wales
6/24/2013
6/24/2013 7/5/2013 Leron Paterson
6/23/2013 17/3/2013 ILeron Paterson
6/21/2013 17/1/2013 I Leron Paterson
From Mayor Burnett's computer: Pay scale all Police Officers, Pay scale
John Hanson, General Fund Revenues & Budget and e-mail from Molly
Laughlin, Personal document involving staff medical procedure,
Employee Performance Appraisal for Computer Tech Rose Franzen, E-
mail from City Manager Jason Stilwell that was sent to City Council
members. All of the above as referenced in Search Warrant Affidavit
rrant No. 7682, filed June 13, 2013, Superior Court of California,
of Monterey.
CG1300148;CC1200613
E-copies of RFP submittals to the City for the Flanders Mansion and
correspondence between the City and applicants
I E-copies of checks and invoices for the forensic examiner services
provided by Mark Alcock since he was retained by ASD Susan Paul on
2/27/13.
r ~ -
Reports
Provided
PENDING
7/19/2013
w/docs/LCW
17/19/13 w/docs
(LCW)
I E-copies of correspondence, including but not limited to emails, to and I 7/3/2013
Page 6 of 11
3
3
6/21/2013 ,7/1/ 2013 Paterson
6/13/2013 Pine Cone-M Schley
5/ 16/ 2013 5/ 26/2013 I Paterson
E-copies of the following: 1) IT Manager Steve Mclnchak's job
description; 2) City policy document used t o support assertions in the
search warrant affidavit
E-copies of the following documents concerning the Sunset Center: RFP
submissions from the Monterey Symphony, Live Nation and SMG (the
parties); correspondence from City Admi nistrator Jason Stilwell to the
1
:parties regarding the City "immediately suspending the RFP process"
and any other correspondence from Stilwell to the parties;
correspondence from the Monterey Symphony, Live Nation and SMG to
the "City, " including City Administrator Jason Stilwell
I Awards & Certificates for Officer C. Johnson for the past ten years; OUI
enforcement materials/manual utilized by CPO; & manuals for the
EPAS and PAS devices used by CPO
Budget adjustments
information
provided to the
requestor at the
time of the
schedul ed
hearing
w/involved
officer
6/13/2013(JS)
E-copies of Sunset Center's Quarterl y Financial Reports for FY 2010/ 11, 16/1/2013
FY 2011/12, and SCC Financial Reports for fi rst, second and third
quarters of 2012/13 (Last three-year term of contract. I
-
Page 7 ofll
3
4
5/2/2013 15/12/2013 I Paterson
I
I
I
Paul Melzter (Attorney)
An e-copy of the City's FY 2011-12 Draft Audited Financial Statements 15/13/2013
Simonelli v. Carmel-by-the-Sea, Case No. 3:2013cv01250, Filed, march \5/7/2013
20, 2013, California Northern District Court, Presiding Judge Laurel
Sales or attempted sales of items related to a Ruby Angela Gouker, AKA Declaration of
1 Ruby Mendez and Modesto Alanis Jr. J Response
\completed. No
information on
For the following checks from the City's February 2013 check register,
copies of canceled checks, invoices an any and all other materials
related to the City's fiduciary obligation to citizens to account for
taxpayer money expenditures. 125839 (2/ 5/ 13) for $775.00; $470.00;
$5,277.98; 125962 (2/26/13) for $8,771.40; $470.00; all for Kennedy,
Archer & Array for professional services. 125894 (2/15/ 13) for
l $9,061.45 Monterey Bay Planning Services; 125851 (2/5/2013) for
l $1,150.00 Perry & Freeman Law Offices; 125854 (2/5/ 13) for $5,950.00
Professional Services.
Page 8 of 11
f ile
3
5
I Number of violations-cites issued for CVC 27803; number of "Notice to
,correct" forms for eve 27803; number of citations issued for eve sent
27802 in 2011; any motorcycle recall notices sent to the department;
any laboratory test results involving helmets with non-compliance
issues; number of alleged motorcycles violations written as a " Notice of
Violation" and subsequently amended as a "Notice to Correct" under
I
' eve 40303.5; any documents explaining policy for determining the
legal status of a motorcycle helmet, correctable nature of helmet
violations, probable cause for helmet citations, and any policy changes
relating to helmet violations for 2011 or 2012.
Page 9 of 11
3
6
9/29/2012 10/9/2012 Paterson Please itemize the following checks from the City's Sept ember 2012
1check register: 124990 (9/11/12) for $8,850.00 for Avery & Associates
1124990 (9/11/12) for $1,410.96 for Avery & Associates; 125114
!(9/25/12) for$ 87.50 for Kennedy, Archer and Harray for Professional
Services; 125114 (9/25/12) for 399.50 Kennedy, Archer & Harray for
1 professional services and $117 .SO for Professional Services; 125027
(9/11/12) for $4,625,65 for Perry & Freeman Law Office for
Page 10 of 11
10/2/2012
3
7
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Page 11 of 11