Request No. Request Date 10-Day Due Date 14-Day Ext. Date Status Completed Date Requested By Info Requested Comments/Date Partial Completed 2014-1 1/3/14 01/13/14 n/a Complete 1/6/2014 Paterson J ohn Hanson Rejection claim and Facilities Use Plan Referred to website where documents are posted 2014-2 1/5/14 01/15/14 Extension 1/31/2014 Extension 2/21/2014 Complete 2/21/2014 Paterson City's marketing plan for the leasing of Flanders; Documents related to city staff time and consultant's expenditures for Flandersp; and all disclosable documents, materials, correspondence, emails, proposals, et cetera related to the marketing and leasing of the Flanders Mansion property between J anuary 1, 2013 and the present. Extension letter sent 2/7/2014 2014-3 1/6/14 01/26/14 n/a Complete 1/7/2014 Mary Schley, Pine Cone Please provide me a copy of any and all contracts with Richard Tavener/Wonderspace preceding the revised contract on the J an. 7 council agenda. 2014-4 1/9/14 01/19/14 n/a Complete 1/9/2014 Mary Schley, Pine Cone How the hours and costs for fulfilling the PRA requests were calculated? Explain why it took 1.47 hours to provide Heidi Burch's letter of resignation? Media Inquiry 2014-5 1/2/14 01/12/14 n/a Complete 1/2/2014 Mary Schley, Pine Cone Policy on memorial benches Media Inquiry 2014-6 1/10/14 01/20/14 Extension 2/3/2014 Complete 2/3/2014 Virginia Hennessey Record detailing current and former employees, elected officials or city council members benefits Extension letter sent 1/21/2014. Informed that records are ready for pick up. 2014-7 1/13/14 01/23/14 n/a Complete 1/23/2014 Arturo Sainz Foundation for Fair Contracting Inspector's daily logs- Start of work through March 1, 2013 Various Street Improvements 2014-8 1/15/14 01/25/14 Extension 2/7/2014 Complete 2/7/2014 Mary Schley, Pine Cone Benefit information for city employees See original request. Letter sent 2/7/2014 2014-9 1/21/14 01/31/14 n/a Complete 1/21/2014 Mary Schley, Pine Cone Form 700's for all candidates for Office 2014-10 1/21/14 01/31/14 Extension 2/11/2014 Complete 2/24/2014 Neil Shapiro 1) all records reviewed or created in the preparation of the PRA log 2013; and 2) records sufficient to identify individuals involved in preparation of the PRA log 2013 City Administrator sent letter dated 2/4/2014. Letter sent 2/7/2014. Email sent 2/21/2014 2014-11 1/21/14 01/31/14 n/a Complete 1/21/2014 Mary Schley, Pine Cone Lucas Austin Investigation Media Inquiry 2014-12 1/22/14 02/01/14 n/a Complete 1/21/2014 Larry Parsons, Monterey Herald Lucas Austin Investigation Media Inquiry 2014-13 1/23/14 02/02/14 n/a Complete 1/23/2014 Mary Schley, Pine Cone Are you satisfied that Lucas Austin is a legitimate city council candidate media Inquiry. City Administrator Stilwell responded PUBLIC RECORDS REQUEST LOG 2014 Page 2 Current as of 10/17/2014 Time: 9:24 AM Request No. Request Date 10-Day Due Date 14-Day Ext. Date Status Completed Date Requested By Info Requested Comments/Date Partial Completed 2014-14 1/23/14 02/02/14 n/a Complete 1/23/2014 Larry Parsons, Monterey Herald Copies of Mr. Austin's forms 501, 700 & 410 Inspected file and given copies on the spot. 2014-15 1/30/14 02/11/14 n/a Complete 2/3/2014 Candace Cate Historical Election Information May require extension 2014-16 1/31/14 02/10/14 n/a Complete 2/7/2014 William S. Hood, J r. Copy of Claims filed by counsel on behalf of Mr. McInchak & Mr. Hanson Letter sent 2/7/2014 2014-17 1/31/14 02/10/14 n/a Complete 2/3/2014 Ms. Paterson All documents noted on the agenda as "Under Separate Cover" Referred to website where documents were posted on 2/3/2014 2014-18 2/1/14 02/11/14 n/a Complete 2/4/2014 Mary Schley, Pine Cone Forms 460's for Candidates for Office and Elected Officials 2014-19 2/4/14 02/14/14 n/a Complete 3/14/2014 Candace Cate Elections Information See similar request same person Request No. 2014-15. Voluminous request. 2014-20 2/5/14 02/15/14 n/a Complete 2/5/2014 Mary Schley, Pine Cone Check Register Questions Media Inquiry 2014-21 2/5/14 02/15/14 n/a Complete 2/5/2014 Mary Schley, Pine Cone Why you asked for Wonderspace to be removed from agenda and if/when it will return Media Inquiry 2014-22 2/11/14 02/21/14 n/a Complete 2/11/2014 David Schmalz, Monterey County Weekly Inquiry about Wonderspace Carmel Media Inquiry 2014-23 2/11/14 02/21/14 n/a Complete 3/20/2014 Michael W.Stamp Follow-up to 2013 request. Various claims See original request attached. Letter sent on 2/28/14. Ms. McNary was advised as to the cost and process for pick up. 2014-24 2/14/14 02/24/14 n/a Complete 2/14/2014 Mary Schley, Pine Cone Is sign at 100 Dolores permitted? And agenda dates for planning commission Media Inquiry 2014-25 2/18/14 02/28/14 Extension 3/14/2014 Ok to Provide partials Complete 4/29/2014 Anita Taff-Rice, iCommom Law Copies of Agreements or other authorizations for communications provider access to public rights of way See original request. Letter sent seeking extension. Requestor asked to receive information partially as it becomes available on 3/20/14. Sent Via email on 4/29/2014 - 2014-26 2/19/14 03/01/14 n/a Complete 2/19/2014 Candace Cate See original request Candidate Inquiry 2014-27 2/20/14 03/02/14 n/a Complete 2/20/2014 Mary Schley, Pine Cone Various Planning Topics Median Inquiry 2014-28 2/26/14 03/08/14 Extension 3/21/2014 Extension 3/31/2014 4/22/2014 5/21/2014 Complete 5/21/2014 Natalie Clark, The Claims Center Information on Street designated as 3rd & J unipero and Torres related to a claim City continues in communication with requestor on this request. Seeking further extension to 3/31/2014. 2014-29 2/27/14 03/08/14 n/a Complete 2/27/2014 Mary Schley, Pine Cone new PRA policy Media Inquiry 2014-30 3/5/14 03/15/14 n/a Complete 3/14/2014 Mary Schley, Pine Cone Deanna Allen's job title, job description and salary 2014-31 3/12/14 03/22/14 n/a Complete 3/12/2014 Mary Schley, Pine Cone copy of appeal form submitted by Mr. Shield Media Inquiry PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-1
Information Requested: J ohn Hanson Rejection claim and Facilities Use Plan February 17, 2014 City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 VIA ELECTRONIC MAIL to: records@transparentcalifornia.com Devin Ralston Transparent California E-mail: records@transparentcalifornia.com Re: Public Records Request (City No. 2013-1) Dear Mr. Ralston: This letter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on July 3, 2013 (the "Records Request") with subsequent correspondence. This response is sent on my authority as City Administrator. As indicated previously, and thank you for your understanding, the request required extensive record research, compilation, and creation. The City has determined that is has disclosable public records responsive to your request which are attached. Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your requests, please notify the City and the City will be happy to search for and, if found, provide the document(s) to you unless, of course, it is exempt from di sclosure pursuant to Government Code 6254 and/or other applicable privilege. If you are aware of any legal authority that would require disclosure of documents in addition to those provided, please advise the undersigned and the City will reconsider its position accordingly. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 831-620-2000. V ety truly yours, Jason ;<(II 9 City Administrator Daryl Betancur From: ' ent: (o: Cc: Subject: CITY Cl OFt JCE Paterson [SebViz2@sbcglobal.net] Friday, January 03, 2014 3:24PM Daryl Betancur SebViz2@sbcglobal. net Separate Cover Items, City Council Agenda 01-07-14 Daryl A. Betancur. Deputy City Ckrh.: Re: Rej ecti on of Clai m: John Hanson- Claim filed December 17, 2013 in excess of $25,000. (Included under separate cover) Review nnd consideration of Facili ties Usc Plan (Key Initiative). (Pg. 108 with plan induded under separate cover) All material s umkr separnte in electronic form. Ms. Paterson 1 City of Carmel-by-the-Sea OFFICE USE ONLY Completed Total Cost:-\t ' CALIFORNIA PUBLIC RECORDS ACT- (PROGRAM 353) PRA No. )u If - I DATE: I - 3 - ILj AGENCY: REIMBURSABLE ACTIVIT1ES - ONE-TIME COSTS: Activities Name/Department Title Time Spent Other Develop policies, procedures and Stilwell 0 manuals to comply with the Ongoing Reimbursable Activities listed below Betancuro Train staff on implementing the Stilwell 0 Ongoing Reimbursable Activities listed below (one-time per employee) - Betancuro include roster REIMBURSABLE ACTIVITIES - ONGOING COSTS: Activities Name(s) Department Position Average Minutes Receives, records and routes to t> vK c.-1'1/
:>o appropriate department tor processing. evil/C._ Assigns file No. Provide a copy of a disclosable d f2.4 Tcii"-C c.- vt.... (._[ /7 electronic record in the electronic format requested - format is one used by the c_b1/IL--
t-"\ 't,.., . agency to create copies for own use Within 10 days of record request, provide verbal or written notice to the requestor disclosing the determination and reasons or the determination (includes drafting, and reviewing a written notice; obtaining approval and signature; and sending or transmitting the notice to the equestor) Provide written notice to the requestor when the disclosure determination is extended due to "unusal circumstances" as defined by GC Section 6253 c)(1 )-(4), setting forth the reasons of the extension and the date on which a determination is expected to be dispatched Provide written notice to the requestor when a request is denied- MAY INCLUDE legal review of the written language in the notice- DOES NOT INCLUDE LEGAL RESEARCH AND REVIEW Assist a member of the public who requests to inspect a public record or obtain a copy of a public record. (Identify records and information pertaining to request; describe the ''!formation technology and physical ) cation in which the records exist; provide suggestions for overcoming any practical basis for denying access to the records or information sought) Total Time Spent:
ak & company 11/12/2013 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-2
Information Requested: City's marketing plan for the leasing of Flanders; Documents related to city staff time and consultant's expenditures for Flanders; and all disclosable documents, materials, correspondence, emails, proposals, et cetera related to the marketing and leasing of the Flanders Mansion property between J anuary 1, 2013 and the present. ) January 17,2014 VIA EMAIL ONLY Ms. Paterson Email: SebViz2@sbcglobal.net City of Carmel-by-the-Sea POST BOX CC CARMEL- BY-THE-SEA. CA 9392 1 (831) 620-2000 Re: Response to Public Records Request (City Reference No. 201 4-2) Dear Ms. Paterson: The City of Carmel-by-the-Sea ("City") received your emailed California Public Records Act request on January 5 (Part 1) and January 7, 2014 (Part 2) (the "Records Request"). This response is sent on my authority as City Administrator. After review of the Records Request, the City has determined that due to the voluminous amount of separate and distinct records demanded, the City requires an extension of time pursuant to California Government Code Section 6253 in order to adequately determine whether the Records Request, in whole or in part, seeks copies of disclosable public records in the possession of the City and provide notice of the reasons therefor. The City expects to provide its determination no later than January 31,2014. The City appreciates your patience with regard to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned at 831-620-2000. Very truly yours,
Ci(Administrator City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL- BY-THE-SEA. C/1. 9392 1 (831) 620-2000 January 31, 2014 VIA ELECTRONIC MAIL to: SebViz2@sbcglobal.net Ms. Paterson Email: Seb Viz2@sbcglobal.net Re: Public Records Request (City Reference No. 2014-2) Dear Ms. Paterson: This letter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on January 5 (Part 1) and January 7, 2014 (Part 2) (the "Records Request"). This response is sent on my authority as City Administrator. The City has determined that it is has disclosable public records responsive to your request. However, City staff continues to search for and compile responsive records. The City estimates that the responsive records will be ready for review on or about February 21, 2014. The City will contact you as soon as the records are available for review. The City thanks you in advance for your patience. Very truly yours, ~ _ : ; ; f ci{Administrator Daryl Betancur ~ r o m ~ n t fo: Paterson [SebViz2@sbcglobal.net] Tuesday, January 07, 2014 7:26AM Daryl Betancur Cc: 'Jason Burnett' ; kktalm@aol.com; Victoria Beach; hillyard@onsoundings.com; Carrie Theis; Jason Stilwell Subject: FW: Public Records Act Request AMENDED PRA Request: Subject to the Public Records Act, all disclosable documents, materials, correspondence, emails, proposals, et cetera related to the marketing and leasing of the Flanders Mansion property between January 1, 2013 and the present. From: Paterson [ mailto: SebViz2@sbcglobal. net] Sent: Sunday, January 05, 2014 3:37PM To: 'dbetancur@ci.carmel.ca.us' Cc: 'SebViz2@sbcglobal. net' Subject: Public Records Act Request CITY CLERK' S OFFICE Daryl A. Bctancur, Deputy City Clerk: .E: Vlll. Orders of Council D. Considerati on of a determination that leasing the Flanders Mansion is infeasible and directing staff to begin preparing resolutions and findings necessary to begin process of selling the Mansion. I. City's Marketing Plan for the h.:asing of the Flanders Mansion parcel/parkland. 2. Documents pertaining to City Stafftime and Consultants' expenditures expended on the Flanders Mansion lease process, including, but not necessarily limited to, Monterey Bay Planning Services, Miller Staff Regalia. Kennedy Archer Harray, et cetera. As a cowiesy to the City Counci l, please provide the aforementioned materials to City Council Members prior to the fucsday. January 7, 2014 City Council Meeting. Thank you. Ms. Paterson 1 Daryl Betancur From: :ent: ro: Cc: Subject: CITY CLERK'S OFFICE Paterson [SebViz2@sbcglobal.net] Sunday, January 05, 2014 3:37PM Daryl Betancur SebViz2@sbcglobal. net Public Records Act Request Daryl A. Betancur, Deputy City Clerk: R.E: VIIL Odcrs of Council D. Consideration of a determination that leasi ng the Mansion is infeasible and directing staffto begin preparing resolutions and findings necessary to begi n process of sel ling the Mansion. I. Cilys Marketing Plan for the leasing of the Flanders Mansion ,., Documents pertaining to City Staff time and Consultants' expenditures expended on the Flanders Mansion lease process, including, but not necessarily limited to, Monterey Bay Planning Services, Mi ll er Staff Regalia. Kennedy Archer HaLTay. etcetera. v As a courtesy to the City Council, please provide the aforementioned materials to City Council Members prior to the .January 7, 2014 City Council Meeting. Thank you. Ms. Paterson 1 Daryl Betancur crom: mt: fo: Cc: Subject: Paterson [SebViz2@sbcglobal.net] Monday, January 20, 2014 7:07 PM Jason Stilwell Daryl Betancur; 'Jason Burnett' RE: Extension letter PRA 2014-2 Per Public Records Act request, requests (January 5 & 7, 201 4) made via email , City' s Response of 14-day extension via email and documents via email as attachments: "Customer Service" means making a good faith effort to comply with requestors' public records act requests, including the form of the product. Otherwise, "customer service" is a hollow, empty, meaningless concept in Carmel. For domestic and international travelers, for the elderly and handicapped, for second-home owners, the City should provide electronic copies of requested public records documents. For all requestors requesting public records in electronic form, the City should provide electronic copies of public records documents. Otherwise, the City is engaging in discrimination. From: Jason Stilwell [mailto:jstilwell@ci.carmel.ca.us] Sent: Friday, January 17, 2014 5:37 PM To: SebViz2@sbcqlobal.net 1c: Daryl Betancur Subject: Extension letter PRA 2014-2 Ms. Paterson: please see the attached correspondence related to your recent records request. Jason S. 1 OFFICE USE ONLY
- City of Carmel-by-the-Sea Completed by: Total Cost: d'<'?J... - !' CALIFORNIA PUBLIC RECORDS ACT - f (PROGRAM 353) PRA No.?u] 1./- z_ DATE: l-S-I 'j_ AGENCY: REIMBURSABLE ACTIVITIES ONE-TIME COSTS: Activities Name/Department Title Time Spent Other Develop policies, procedures and Stilwell 0 manuals t o comply with the Ongoing Reimbursable Activities listed below Betancuro Train staff on implementing the Stilwell 0 Ongoing Reimbursable Activities listed below (one-time per employee) Betancuro include roster REIMBURSABLE ACTIVITIES ONGOING COSTS: Activities Name(s) Department Position Average Minutes Receives, records and routes to S F'7 v vt. raJ I/
:;)() appropriate department for processing. c utt /c. Assigns file No. Provide a copy of a disclosable 5-r > J I.M-< d c J I;;
, ..2 5". M electronic record in the electronic format requested - format is one used by the fl Y.'Y' IV /-J t/ NI/IJI Jl'/.} _,. agency to create copies for own use Within 10 days of record request, provide verbal or written notice to the requestor disclosing the determination and reasons or the determination (includes drafting, editing and reviewing a written notice; pbtaining approval and signature; and or transmitting the notice to the equestor) Provide written notice to the requestor when the disclosure determination is extended due to "unusal circumstances" as defined by GC Section 6253 c)(1 )-(4), setting forth the reasons of the extension and the date on which a determination is expected to be dispatched Provide written notice to the requestor when a request is denied - MAY INCLUDE legal review of the written language in the notice- DOES NOT INCLUDE LEGAL RESEARCH AND REVIEW Assist a member of the public who requests to inspect a public record or obtain a copy of a public record. {Identify records and information pertaining to request; describe the ;nformation technology and physical :>cation in which the records exist; provide suggestions for overcoming any practical basis for denying access to the records or information sought) Total Time Spent: '"" ... ak & company 11/12/2013 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-3
Information Requested: Please provide me a copy of any and all contracts with Richard Tavener/Wonderspace preceding the revised contract on the J an. 7 council agenda.
OFFICE USE ONLY City of Carmel-by-the-Sea Completed by: __ _ Total Cost CALIFORNIA PUBLIC RECORDS ACT - J (PROGRAM 353) PRA No. J.u) y- 3 DATE: I - 6- / Lj AGENCY: REIMBURSABLE ACTIVITfES ONE TIME CO.STS: Activities Name/Department Title Time Spent Other Develop policies, procedures and Stilwell 0 manuals to comply with the Ongoing Reimbursable Activities listed below Betancuro Train staff on implementing the Stilwell 0 Ongoing Reimbursable Activities listed below (one-time per employee) include roster Betancuro REIMBURSABLE ACTIVITIES ONGOING COSTS: Activities Name(s) Department Position Average Minutes Receives, records and routes to !3 t= 1 /J/v"L vrL- C-J'1'7 J':)t.ptlT/ _2 u '(v(J )-J appropriate department for processing. Assigns file No. C 1---Ft/ IC: Provide a copy of a disclosable electronic record in the electronic format requested - format is one used by the agency to create copies for own use 10 days of record request, provide s--rJ ay c.L?- lf 0 /It{ jl f./erbal or written notice to the requestor disclosing the determination and reasons /)1/ J'1) Jt1 ,A;'.:) tn i 1-J or the determination (includes drafting, editing and reviewing a written notice; obtaining approval and signature; and sending or transmitting the notice to the equestor) Provide written notice to the requestor when the disclosure determination is extended due to "unusal circumstances" as defined by GC Section 6253 c)(1 )-(4), setting forth the reasons of the extension and the date on which a determination is expected to be dispatched Provide written notice to the requestor when a request is denied- MAY INCLUDE legal review of the written language in the notice- DOES NOT INCLUDE LEGAL RESEARCH AND REVIEW Assist a member of the public who requests to inspect a public record or obtain a copy of a public record. (Identify records and information pertaining to request; describe the information technology and physical ):>cation in which the records exist; provide suggestions for overcoming any practical basis for denying access to the records or information sought) Total Time Spent: ak & company 11/ 12/2013 Daryl Betancur J:rom: mt: .o: Mary Schley [mary@carmelpinecone.com] Monday, January 06, 2014 6:31 PM Jason Stilwell; Daryl Betancur Subject: Wonders pace Hi Jason and Daryl) Please provide me a copy of any and all contracts with Richard Tavener/Wonderspace preceding the revised contract on the Jan. 7 council agenda. Thank you) Mary Mary Schley) reporter The Carmel Pine Cone (831) 274-8660 mary@carmelpinecone .com 1 Daryl Betancur
mt: eo: Subject: Attachments: Jason Stilwell Tuesday, January 07, 2014 1:38 PM Mary Schley; Daryl Betancur; Mary S RE: Wonderspace SKMBT _ C552D1401 0621020. pdf Hi Mary: your requested information is attached. Jason -----Original Message----- From: Mary Schley [mailto:mary@carmelpinecone.com] Sent: Monday) January 06, 2014 6:31 PM To: Jason Stilwell; Daryl Betancur Subject: Wonderspace Hi Jason and Daryl, Please provide me a copy of any and all contracts with Richard Tavener/Wonderspace preceding the revised contract on the Jan. 7 council agenda. Thank you, Mary Mary Schley) reporter The Carmel Pine Cone (831) 274-8660
1 CA-PCo-RT-WSpace-009-13-14 CONTRACT FOR PROFESSIONAL CONSULTING SERVICES THIS CONTRACT is executed i { this day of ~ 2013, by and between the CITY OF CARMEL-BY-THE-SEA, hereinafter referred to T Y and Richard Tavener, hereinafter called "CONSULTANT". IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. Scope. CONSULTANT hereby agrees to provide to CITY, as the scope of services under this Contract the services set forth in Exhibit "A" attached hereto and incorporated herein by this reference. 2. Timely Work. CONSULTANT shall perform all duties incidental or necessary in a timely fashion; and shall be performed diligently, competently, and in accordance with professional standards of performance. Failure to so perform is hereby deemed a material breach of this Contract, and CITY may terminate this Contract with no further liability hereunder. City may agree in writing with CONSULTANT to an extension of time. It is expressly agreed and understood that CONSULTANT shall not be held responsible for delays occasioned by factors beyond their control, nor by factors that could not reasonably have been foreseen at the time of execution of this CONTRACT. 3. Term. The work under this Contract shall commence August 1, 2013, and shall terminate on February 1, 2014. The parties may agree to extend or amend this Contract prior to its expiration. 4. Compensation. CITY shall pay CONSULTANT in an amount not to exceed $25,000, in accordance with this Contract for fiscal year 201314 (contract's initial term commences August 1, 2013 through February 1, 2014). Compensation under this Contract shall become due and payable thirty (30) days after CITY's approval of CONSULTANT'S submission of monthly written invoices, the first monthly invoice to be submitted upon signing of this agreement. Written invoices shall clearly itemize each charge. The payment of any compensation to CONSULTANT hereunder shall be contingent upon performance of the terms and conditions of this Contract to the satisfaction of the City Administrator. If the City Administrator determines that the work set forth in the written invoice has not been performed in accordance with the terms of this Contract, CITY shall not be responsible for payment until such time as the work has been satisfactorily performed. 5. ,Additional Services. In the event that CITY should request additional services not covered by the terms of this Contract, said services will be provided by CONSULTANT and paid for by CITY only after a fee for said services has been agreed upon between CONSULTANT and City Administrator and the City Administrator provides written authorization for the additional work. 6. Meet and Confer. CONSULTANT agrees to meet and confer with CITY or its agents or employees with regard to services as set forth herein as may be required by City Administrator to insure timely and adequate performance of this Contract. 7. Indemnification. CONSULTANT hereby agrees to the following indemnification clause: To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULTANT shall defend (with legal counsel reasonably acceptable to designated agents, departments, officials, representatives, and employees (collectively "Indemnitees") from and against claims, loss, cost , damage, injury expense and liability (including incidental and consequential damages, court costs, reasonable attorneys' fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation) to the extent they arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of CONSULTANT, any SUB-CONSULTANT, anyone directly or indirectly employed by them, or anyone that they control (collectively "Liabilities"). Such obligations to defend, hold harmless and Indemnify any Indemnitee shall not apply to the extent that such Liabilities are caused in part by the negligence, or willful misconduct of such Indemnitee. Notwithstanding the provisions of the above paragraph, CONSULTANT agrees to indemnify and hold harmless CITY from and against any and all claims, demands, defense costs, liability, expense, or damages arising out of or in connection with damage to or loss of any property belonging to CONSULTANT or CONSULTANT'S employees, contractors, representatives, patrons, guests or invitees. CONSULTANT further agrees to indemnify CITY for damage to or loss of CITY OF CARMEL-BY-THE-SEA property to the proportionate extent they arise out of CONSULTANT'S negligent performance of the work associated with this Contract or to the proportionate extent they arise out of any negligent act or omission of CONSULTANT or any of CONSULTANT'S employees, agents, contractors, representatives, patrons, guests or invitees; excepting such damage or loss arising out of the negligence of CITY. 8. Insurance. CONSULTANT shall submit and maintain in full force insurance as described herein. Without altering or limiting CONSULTANT'S duty to indemnify, CONSULTANT shall maintain in effect throughout the term of this Contract, a policy or policies of insurance with the following minimum limits of liability: Commercial general liability insurance including but not limited to premises, personal injuries, bodily injuries, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. Workers' Compensation Insurance If CONSULTANT employs others in the performance of this Contract, CONSULTAN'r shall maintain workers' compensation insurance in accordance with California Labor Code section 3700 and with a minimum of $100,000 per occurrence for employers' liability. - 2- Other Insurance Requirements A. All insurance required under this Contract must be written by an insurance company either: 1) admitted to do business in California with a current A.M. Best rating of no less that A:VI; or 2) an insurance company with a current A.M. Best rating of no less that AVII Exception may be made for the State Compensation Insurance Fund when not specifically rated. B. Each insurance policy required by this Contract shall be endorsed to state that CITY shall be given notice in writing at least thirty (30) days in advance of any cancellation thereof, except CITY shall be given TEN (10) days notice for nonpayment of the premium. C. The general liability and auto policies shall: 1) Provide an endorsement naming CITY, its officers, officials, and employees as additional insureds under an ISO CG 20 10 07 04 or ISO 20 37 07 04 or their equivalent. 2) Provide that such insurance is primary and non-contributing insurance to any insurance or self-insurance maintained by CITY. 3) Contain a "Separation of Insureds" provision substantially equivalent to that used in the ISO form CG 00 01 10 01 or their equivalent. 4) Provide for a waiver of any subrogation rights against CITY via an ISO CG 24 0110 93 or its equivalent. D. Prior to the start of work under this Contract CONSULTANT shall file certificates of insurance and endorsements evidencing the coverage required by this Contract with the City Administrator. CONSULTANT shall file a new or amended certificate of insurance promptly after any change is made in any i nsurance policy which would alter the information on the certificate then on file. E. Neither the insurance requirements hereunder, nor acceptance or approval of CONSULTANT'S insurance, nor whether any claims are covered under any insurance, shall in any way modify or change CONSULTANT'S obligations under the indemnification clause i n this - 3 - Contract, which shall continue in full force and effect. Notwithstanding the insurance requirements contained herein, CONSULTANT is financially liable for its indemnity obligations under this Contract. F. Any deductible or self-insured retentions must be declared to and approved by CITY. At the option of CITY either: the insured shall reduce or eliminate such deductibles or self-insured retentions as respects CITY, its officers, officials, employees, and volunteers; or CONSULTANT shall provide a financial guarantee satisfactory to CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. 9. Licensing. CONSULTANT represents that it is properly licensed to perform the work specified under this Contract, including but not limited to, possession of a current city business license. 10. Termination. This Contract may be terminated by either party upon thirty (30) calendar days written notice to the other party. In the event of such termination, CITY shall pay CONSULTA.NT for all services performed to the satisfaction of CITY to the date of receipt of notice of termination. An itemized statement of the work performed to the date of termination shall be submitted to CITY. In ascertaining the services actually rendered hereunder up to the date of termination of this Contract, consideration shall be given to both completed work and work in process of completion, and to complete and incomplete drawings and other documents whether delivered to CITY or in the possession of the CONSULTANT. 11. Agency. In performing the services specified under this Contract, CONSULTANT is hereby deemed to be an independent CONSULTANT and not an agent or employee of CITY. 12. Authority of the City Administrator. CONSULTANT shall perform all necessary services provided under this Contract and outlined in the proposal and shall do, perform, and carry out said work in a satisfactory and proper manner as determined by and to the satisfaction of the City Administrator. The City Administrator reserves the right to make changes, additions or deletions, to the scope of work as deemed necessary or advisable to implement and carry out the purposes of thjs Contract. The City Administrator is authorized to execute change orders. 13. Responsibility of Consultant. By executing this CONSULTANT represents and state to CITY that he/she possesses, or will arrange to secure from others, all necessary professional capabilities, experience, resources and facilities necessary to provide to city the services contemplated under this Contract. CONSULTANT further warrants that he/she will follow the current generally accepted practices of the profession to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding the project for which services are rendered under this Contract. 14. Materials and Equipment. CONSULTANT shall furnish at his/her own expense, all materials and equipment necessary to carry out the terms of this Contract. - 4- ) 15. Digital Files. CONSULTANT shall furnish copies of all deliverables on compact disks (for example, final report) in digital format. Files shall be compatible with the current versions used by PC computers. 16. Audit Authority. CONSULTANT shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract; the accounting and control systems shall be satisfactory to CITY. CITY and CITY's auditor shall be afforded access to CONSULTANT's records, books, correspondence and other data relating to this Contract. CONSULTANT shall preserve these records, books, correspondence and other data relating to this Contract for a period of four (4) years after final payment or for such longer period as may be required by law. In addition, CONSULTANT agrees to make said records, books, correspondence and other data relating to this Contract available to CITY at CITY's principle place of business upon seventy-two (72) hours advance written notice. The City Administrator, or his or her designee, shall at all times have the right to inspect the work, services, or materials. CONSULTANT shall furnish all reasonable aid and assistance required by CITY for the proper examination of the work or services and all parts thereof. Such inspection shall not relieve CONSULTANT form any obligation to perform said work or services strictly in accordance with the specifications of any modifications thereof and in compliance with the law. 17. Notices. All notices herein provided to be given, or which may be given by either party to the other, shall be considered fully received when made in writing and deposited in the United States mail, certified and postage prepaid, and addressed to the respective parties as follows: CITY: CONSULTANT: City Administrator City of Carmel-By-The-Sea P.O. Box CC Carmel-By-The-Sea, CA 93921 Richard Tavener P.O. Box 1704 Carmel Valley, CA 93924 18. Entire Contract. This Contract constitutes the entire contract between the parties hereto and supersedes any and all prior contracts, whether oral or written, relating to the subject matter thereof. Any modification of this Contract will be effective only if it is in writing signed by both parties hereto. 19. Validity. If any provision in this Contract is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will continue in full force without being impaired or invalidated in any way. 20. Assignment of Interest. The duties under this Contract shall not be assignable, delegable, or transferable without the prior written consent of CITY. Any such purported assignment, delegation, or transfer shall constitute a material breach of this Contract upon which CITY may terminate this Contract and be entitled to damages. - 5 - 21. Conflict of Interest. CONSULTANT shall at all time avoid conflicts of interest, or the appearance of conflicts of interest, in the performance of this Contract. CONSULTANT shall file statements of financial interest on forms provided by CITY to the extent and at the times required by CITY'S Conflict of Interest Code and applicable law. 22. Non -discrimination/ Affirmative Action. CONSULTANT will not discriminate against any employee or applicant for employment because of race, creed, color, sex, age, national origin, marital status, physical or other motor handicap, unless based upon bonafide occupational disqualification. CONSULTANT will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, age, national origin, marital status, physical or other motor handicap. 23. Counteroarts. This Contract may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. 24. Laws. CONSULTANT agrees that in the performance of tbis Contract it will reasonably comply with all applicable state, federal and local laws and regulations. Tins Contract shall be governed by and construed in accordance with the laws of the State of California and the City of Carmel-By-The-Sea. 25. Attorneys Fees and Court Venue. Should either party to this Contract bring legal action against the other, (formal judicial proceeding, mediation or arbitration), the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment, together with all costs. 26. Severabilitv. If any term of this Contract is held invalid by a court of competent jurisdiction, the remainder of tbis Contract shall remain in effect. IN WITNESS WHEREOF, tbis Contract is entered into by the parties hereto in Carmel, California, on the day and year first written above. By: Its: By: Its: - 6 - EXHIBIT A Scope of Work CONSULTANT will perform the work outlined in this exhibit, including PAGE 5. July 2013 - December 2013 (first 6 months). The Contract was adjusted to these dates August 2013- February 2014. Progress on the first 6 months will be reviewed at the end of the period. (; 2012 R ; h<J.((., T" verr,. Wonderspace Innovative Learning Programs & Events and Institute for the Future Bri ef Summary with Action Steps I 18 Months for t he City of Carmel-by-the-Sea, CA June, 2013 Richard Tavener www. thefLituresbesthope.org richardtavener@gmail.corn 435-659- 1822 Wo derspace Innovative Learning Programs & Events and Institute for the Future Creativity is the New Currency of the Knowledge Economy Wonderspace--innovative learning programs, boutique conferences and events that inspire imagination and unleash creative thinking for corporate groups, management teams and global leaders in Carmel-by-the-Sea, CA. Attract High-Value Groups Wonderspace presents interactive learning programs that include: creativity workshops and challenges, expert and author talks, fi lm screenings, leadership conferences and experiential, nature-based discovery in distinctive outdoor classrooms. This initiative also includes the Institute for the Future, a world-class "think tank" focused on uncovering and communicating the mysteries of human imagination. Re-discover the Lost Art of Getting Together Wonderspace was created by Richard Tavener, cofounder of Imagine it!, a multimedia education organization that develops and presents learning programs about imagination and creativity; with content support from Stanford University, Massachusetts Institute of Technology, The Smithsonian, Pixar Animation, X PRIZE Foundation, Blue Man Group, Sally Ride Science and the National Academy of Engineering. 2 Wonderspace World-class "Think Tank" in Carmel, CA Institute for the Future The opportunity is to locate the Institute for the Future, a world-class international "think tank" focused on the subject of imagination as a scientific and spiritual, academic and commercial inquiry, in Carmel-by-the-Sea, CA. Global Thought Leaders Modeled in part after the World Economic Forum (Davos) and the Aspen Institute (Colorado) the Institute for the Future would host global leaders from business, government, universities, science, the arts and humanities, entrepreneurship and philanthropy. Activities at the Institute would include policy and research symposiums, fellowship programs, innovation presentations, invitation-only meetings and international press conferences; to facilitate and publicize the latest discoveries of human imagination, that address the grand challenges of humanity. The Institute for the Future in Carmel, CA would also host a prestigious signature event called "Imagination Festival (IF)," an annual influential interactive celebration of imagination, innovation and the future. l 20 2 Fli ci .r( .ver r.;r 3 Innovative Learning Programs & Events and Institute for the Future Community Value Leverage Carmel's history of attracting intellectual thought leaders, innovators, educators and artists. A fresh and exclusive differentiation to market Carmel. Affiliation with world-class content providers: Stanford University, MIT Media Lab, Smithsonian, Pixar, Blue Man Group, X Prize. Creativity is sought -after topic by corporate leaders. Capitalize on intellectual tourism; proximity to Silicon Valley. Attract high-end minimum-impact weekday visitors. Innovative resource for residents of the community. New revenue source for the City of Carmel and the regional business community . J _ ,, .. Innovative Learning Programs & Events and Institute for the Future Action Steps & Timeline July 2013 - December 2013 (first 6 months) Evaluation and integration of project into research and policy plan. Meetings for involvement and support from community leadership. Workshops for involvement and support from selected marketing partners, i.e. Hospitality District, selected resorts, venues, hotels and other existing events. Seek larger, long term funding from legacy contributors. Board of Directors recruitment. Review facilities, amenities, technology, venues and personnel. Series of meetings with key industry gatekeepers. Determine non-profit oversight entity. Personnel structure, roles and responsibilities. 5 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-4
Information Requested: How the hours and costs for fulfilling the PRA requests were calculated? Explain why it took 1.47 hours to provide Heidi Burch's letter of resignation?
- - - Subject: PRA log hours/costs (rev - z.o1y . 1 Hi Could you please tell me how the hours and costs for fulfilling the PRA requests were calculated? could you please explain why it took 1.47 hours to provide Heidi Burch's letter of resignation to me? Thanks, Mary 1.ary Schley, reporter .he Carmel Pine Cone (831) 274-8660 mary@carmelpinecone.com 1 From: Jason Stilwell Sent: Thursday, January 09, 2014 5:10PM To: 'MaryS' Subject: RE: PRA log hours/costs Hi Mary, It is a (fully loaded) cost center calculation. The request required a portion of my time, departmental staff, city clerk, and legal review. There was a legal question embedded in the request of whether a letter of resignati on is a public record. We don't have documents further responsive to your request but I would be happy to provide you any additional information we do have. Jason From: MaryS [mailto:mts93921@gmall.com] Sent: Thursday, January 09, 2014 4:06 PM To: Jason Stilwell Subject: Re: PRA log hours/costs Hi Jason, Whose services were required to scan and email the letter to me? Please break down each person, the amount of time each used, and for what. Thank you. Mary On Thu, Jan 9, 2014 at 3:53PM, Jason Stilwell <jstilwell@ci.carmel.ca.us> wrote: Hi Mary: we estimate the hours and costs based on the total time of all of those involved in processing the request. The resignation record is an example of more than one staff person having duties required in fulfilling the request. The cost is then based upon the rate of those involved. Jason S. -----Original Message----- From: Mary Schley [mailto:mary@carmelpinecone.com] Sent: Thursday, January 09,2014 12:39 PM To: Jason Stilwell Cc: Jason Burnett Subject: PRA log hours/costs Hi Jason, 1 Could you please tell me how the hours and costs for fulfilling the PRA requests were calculated? Also, could you please explain why it took 1.4 7 hours to provide Heidi Burch's letter of resignation to me? Thanks, Mary Mary Schley, reporter The Carmel Pine Cone (831) 274-8660 marv@carmelpinecone. com 2 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-5
Information Requested: Policy on memorial benches
-----Original Message----- From: Rob Mullane Sent : Thursday, January 82, 2e14 12:54 PM To: 'Mary Schley' Subject: RE : memorial bench "1ary, \ Attached are the policies relevant to memorial benches. These are policies, so they wouldn't be in the Municipal Code. Note that CC Resolution 2ees -14 updated the Policy C89-41, and the current version of the policy is included with the 2ees resolution. I am unaware of any application related to Tim Ward, but I can ask my staff, and if I have any more information to provide on that, I'll pass it along. Did you have other questions? I'm off to lunch now, and then pressing on my own deadline to get our Planning Commission packet finalized, but I can try to help further if you do. Robert A. Mullane, AICP Community Planning and Building Director City of Carmel -by-the-Sea P.O. Drawer G Carmel-by- the-Sea, CA 93921 main (831) 62e-2e1e direct (831) 62e-2e57 rmullane@ci .carmel.ca.us -----Original Message----- From: Mary Schley (mailto:mary@carmelpinecone. com] Sent: Thursday, January 82, 2e14 8:54 AM To: Rob Mullane Subject : memorial bench 1 Could you please send me the policy on memorial benches? I just wanted to include a little about the process for my story on Tim WardJ but I can't find anything in the CMC or on the city website 1 and the lady at the desk this morning couldn't help me. I'm on deadline. fhanks! And Happy New Year :) Mary 2 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-6
Information Requested: Record detailing current and former employees, elected officials or city council members benefits.
Caryl B'etancur ~ .. om: mt: ro: Subject: Dear Mr. Betancur, Virginia Hennessey (vhennessey@montereyherald.com] Friday, January 10,2014 1:38PM Daryl Betancur Public Records Request - Please consider this a request under the Public Records Act. I would like a list or record detailing all of the current and former employees, elected officials or city council members who will receive or are receiving lifetime health benefits from the City of Carmel-by-the-Sea. For those who are no longer serving the city, please also include the date of their service separation, their salary or compensation at the time of the separation and their monthly pension. If possible, please email your response. Thank you for your time and efforts in fulfilling my request. Sincerely, Virginia Hennessey Monterey County Herald ~ 0 Box 271 Monterey, CA 93942 (831) 753-6751 1 January 21, 2014 City of Carmel-by-the-Sea POS I OFfiCE BOX CC CAR1.1EL- GY-1HE-SEA. CA 93fl21 (831 J 620 2000 VIA ELECTRONIC MAIL to: vhennessey@montereyherald.com Virginia Hennessey Monterey County Herald P.O. Box 271 Monterey, CA 93942 E-mail: vhennessey@montereyherald.com Re: Public Records Request Dear Ms. Hennessey: The City of Carmel-by-the-Sea ("City") received your emailed California Public Records Act request on January 10,2014 (the "Records Request"). This response is sent on my authority as City Administrator. After review of the Records Request, the City has determined that due to the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request and/or the need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request, the City requires an extension of time pursuant to California Government Code Section 6253 in order to adequately determine whether the Records Request, in whole or in part, seeks copies of disclosable public records in the possession of the City and provide notice of the reasons therefor. The City expects to provide its determination no later than February 3, 2014. The City appreciates your patience with regard to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned at 831 -620-2000. Very truly yours, '9* City Administrator Daryl Betancur a= rom: ..mt: (O: Subject: Virginia Hennessey [vhennessey@montereyherald.com] Tuesday, January 21, 2014 5:33 PM Daryl Betancur; Royal Calkins; David Kellogg Re: PRA 2014-6 Mr. Betancur, I have to say there is nothing complicated or voluminous about my request, unless you're providing lifetime benefits to hundreds of people, which I doubt. I have received responses from most ofthe dozens of others agencies I queried and those that are still outstanding plan to send by end of week. Just to be clear, I'm not asking for information on all retirees for whom the city is paying the required contribution through PERS health benefits. Nor am I asking for separation dates, pensions etc. on retirees for whom you are not providing lifetime benefits. I only want a list of employees and retirees who are receiving free benefits for life from the city of Carmel. I understand under the law the city can invoke an extension of its time limit under the Public Records Act for voluminous requests. Mine is not and you are meeting neither the letter nor spirit of the Public Records Act. On Tue, Jan 21, 2014 at 4:06PM, Daryl Betancur <dbetancur@ci.carmel.ca.us> wrote: Ms. Hennessey, Please see attached! Daryl A. Betancur, CMC, MPA Office of the City Administrator City of Carmel-by-the-Sea P. 0 . BoxCC Carmel, California 93921 Phone 83 1 -620-2000 Fax: 831-620-2004 1 City of Carmel-by-the-Sea POST OFFI CE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 February 3, 2014 VIA ELECTRONIC MAIL to: vhennessey@montereyherald.com Virginia Hennessey Monterey County Herald P.O. Box 271 Monterey, CA 93942 E-mail: vhennessey@montereyherald .com Re: Public Records Request File No. 2014-6 Dear Ms. Hennessey: This letter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on January 10, 2014 (the "Records Request"). This response is sent on my authority as City Administrator. The City has determined that is has disclosable public records responsive to your request. Those records are now available for review. Please contact Daryl A. Betancur, Deputy City Clerk to schedule a time for you to pick up the currently available records. Please be advised that the City will not release the records until it has received payment for the direct cost of duplication pursuant to California Government Code section 6253(b). The direct cost incurred by the City for duplication is $0.10 per page. The estimate direct cost for the currently available responsive records is $0.1 0. Please be prepared to provide a check made payable to the "City of Carmel-by-the-Sea" for the direct costs of duplication incurred by the City at the time you pick up the available records. Every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your requests, please notify the City and the City will be happy to search for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254 and/or other applicable privilege. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 831-620-2000. DOCSOC/1654944v1/1 02910-0002 February 3, 2014 Page Two DOCSOC/1654944v1/1 02910-0002 Very truly yours, Jason Stilwell City Administrator Status Name Premium Amount Participant Share Employer Share Retired August,Anthony $307.23 $188.23 $119.00 Reti red Brehmer,W $654.72 $535. 72 $119.00 Retired Coelho,Daniel $641.08 $522.08 $119.00 Retrred Conneii ,Timothy $1,028.00 $909.00 $119. 00 Retired Cox,Lynn $1,186.00 $1,067.00 $119.00 Retired DAm brosro ,Gregory $327. 36 $208.36 $119.00 Retired DAmbrosio,Sandra $327. 36 $208.36 $119.00 Retired Elkins, larry $1,381.54 $1, 262.54 $119.00 Retired Farreii,Sandra $948.31 $829.31 $119.00 Reti red Farris ,Joyce $397.00 $2;,7,8.00 $119.00 Retired Hi ii, BIII $614.46 $495.46 $119.00 Retired Jacoby,John $948. 31 $829. 31 $119. QO Retired Kastros,Mitchell $634.00 $515.00 $119.00 Retired Lerdlg,Ronald $614.46 $495. 46 $119.00 Retired Love,Karen $614.46 $495.46 $119.00 Reti red Martrnez,Diane $641.08 $52-2.08 $119.00 Retired Martl no,Bernard $1,282.16 $1,163.16 $119.00 Retired Meroney, Timothy $641.08 $522. 08 $119.00 Retired Panattoni,Cheryl $641.08 $522.08 $119.00 Peafice,Stepl:lanre $82.9L311 $119.00 Retired Pelikan, Margaret $641.08 $522.08 $119.00 Reti red Poitras, Warren $948.31 $829.31 $119. 00 Retired Riddle, Robert $614.46 $495.46 $119.00 Reti red Reseth,Brfan $1,381. 54 $.1,262,$4 $119. @(') Retired Sallee,Denise $641.08 $522.08 $119.00 Retrred St>ott, William $694. 00 $51S. CJO $119.00 Retired Spicer, Ronald $948. 31 $829.31 $119.00 Reti red lllretsky,Willf am $1,22'7.98 $1, 108 98 $119.QO Ret ired Weston,Jana $641.08 $522.08 $119.00 Retrred Yreoman,Dl anne $32iZ.36 $lil.9_..0@ PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-7
Information Requested: Inspector's daily logs- Start of work through March 1, 2013 Various Street Improvements
January 21, 2014 City of Carmel-by-the-Sea POST 01-FICE BOX CC CARMEL- BY- THE-SEA. C;\ !! 3921 (831 ) 6:?0 2000 VIA ELECTRONIC MAIL to: eva4ffc@aoLcom Aruturo Sainz Foundation for Fair Contracting Phone: 916-487-0306 Fax: 916-487-0306 E-mail: eva4ffc@aol.com Re: Public Records Request (City No. 2014-7) Dear Mr. Sainz: The City of Carmel-by-the-Sea r'City") received your emailed California Public Records Act request on January 13, 2014 (the "Records Request"). This response is sent on my authority as City Administrator. After review of the Records Request, t he City has determined that the City has no responsive records to your request . Should you have any questions or concerns, please do not hesitate to contact the undersigned at 831-620-2000. Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your request, please notify the City and the City will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254 and/or other applicable privi lege. Very truly yours, 9* City Administrator 22:33 9164870306 FFC CALIFORNIA PAGE 01/Ell JAN 13 CITY O.F CARMEL BY-mE-SEA FACSIMILE TRANSMISSION ONLY PAGE ONE OF ONE January 10, 2014 City of Carmel By the Sea ATIN: Margi Perotti FAX NUMBER: (831) RE: Engineering Firm: Neill Engineers Corp. Project: 2012 Various Street Improvements Dear Ms. Perotti: This is a formal request for information/documentation on the above-referenced project. This request is being made pursuant to the California Public Records Act, Govemment Code Section 6250, et seq. Please send the following infonnation: Inspector's Daily Logs - Start of work through March 1, 2013 If easier for you. please fax or email the infonnation to (9161487-0306 or eva4ffc@aol.com. Please call With questions, comments, or clarifications. Sincerely, 2?,.;-z Arturo Sainz Field Representative Case: NEI FOUNllA'I'ION FAm C'.ON'I'RAr.I'ING f'a.o/cldena Avenue, Suite 150- Sacramento, CA 958ZJ (916) 487-7871- Fax (9J6) 487-0?.o6 www.ffccall fornia.com J(JI/It'T J.Afi(JR MANAG!JMf:NT EffiOf'(!' ......,,e OFFICE USE ONLY City of Carmel -by-the-Sea Completed by: __ _ Total Cost CALIFORNIA PUBLIC RECORDS ACT (PROGRAM 353) PRA No. QO l y_q DATE: J - J 3 - ) Lj AGENCY: c.__"\....--; uf L TIME CQ'STSl: Activities Name/Department Title Time Spent Other Develop policies, procedures and Stilwell 0 manuals to comply with the Ongoing Reimbursable Activities listed below Betancuro Train staff on implementing the Stilwell 0 Ongoing Reimbursable Activities listed below (one-time per employee) include roster - Betancuro ONe..:..." ... Activities Name(s) Department Position Average Minutes Receives, records and routes to 13 C/,1/t-
lfo/JUfr tJD appropriate department for processing.
Assigns file No. Provide a copy of a disclosable electronic record in the electronic format ) requested - format is one used by the agency to create copies for own use Within 10 days of record request, provide 13 /1"--l- vrt.-
I htL- verbal or written notice to the requestor
the determination and reasons the determination (includes drafting, and reviewing a written notice; obtaining approval and signature; and sending or transmitting the notice to the equestor) Provide written notice to the requestor when the disclosure determination is extended due to "unusal circumstances" as defined by GC Section 6253 c)(1 )-(4), setting forth the reasons of the extension and the date on which a determination is expected to be dispatched Provide written notice to the requestor when a request Is denied- MAY INCLUDE legal review of the written language In the notice- DOES NOT INCLUDE LEGAL RESEARCH AND REVIEW Assist a member of the public who requests to inspect a public record or obtain a copy of a public record. (Identify records and information pertaining to request; describe the jnformation technology and physical '.:>cation In which the records exist; provide suggestions for overcoming any practical basis for denying access to the records or information sought) Total Time Spent: ak & company 11/1212013 CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2014-4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA AWARDING THE 2013 SIDEWALK REPAIR PROJECT CONSTRUCTION CONTRACT TO MONTEREY PENINSULA ENGINEERING IN AN AMOUNT NOT TO EXCEED $60,900; APPROVING $9,135 FOR PROJECT CONTINGENCY AND APPROVING $6,090 TO NEILL ENGINEERING FOR PROJECT AND CONSTRUCTION MANAGEMENT SERVICES WHEREAS, numerous sidewalk segments have been identified as being in need of repair in order to provide a safe walking environment for pedestrians; and WHEREAS, the City Council approved expenditure of Capital Improvement funds for sidewalk repair as part of the streets and road project as part of the FY 2013/2014 budget; and WHEREAS, the 2013 sidewalk repair project was advertised in the Monterey County Herald on December 16,2013 ;md December 21, 2013; and WHEREAS, four bids for the project were received on December 30, 2013 and the City Engineer has determined that the lowest responsible bidder was Monterey Peninsula Engineering; and WHEREAS, the project has been determined to be categoriCally exempt under CEQA 1530l(c). NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES: 1. Award a contract for the 2013 Sidewalk Repair Project to Monterey Peninsula Engineering in the estimated amount of $60,900 subject to the provisions of the documents and certifications set forth in the plans and specifications applicable to the project and as required by California law. 2. Authorize the City Administrator to execute the construction contract upon the return of the contractor's executed contract documents and the review and the approval of the City Attorney and the City's Administrative Services Director. 3. Approve a contingency in the amountof$9,135 or 15%, and authorize the City Administrator to approve change orders in an amount not to exceed $70,035. 4. Approve $6,090, or 10%, for construction-related engineering and project management services for Neill Engineers. 5. Authorize funding of$76,125 from Capital Improvement Account 13-89585 (2013-14 Streets and Roads Project). 1 .-:. PASSED AND ADOPTED BY THE CITY OF COUNCIL OF THE CITY OF CARMEL-BY-THE SEA this 7th day of January 2014, by the following roll call vote: A YES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE & MAYOR BURNEIT NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCil.- MEMBERS: NONE ABSTAIN: COUNCIL MEMBERS: NONE SIGNED, ATTEST: on Burnett, MAYOR Q ~ ~ ~ Daryl Betancur, CMC Deputy City Clerk ... 2 # 1 2 3 4 5 6 7 8 .. Owner: CITY OF CARMEL-BY-THE-SEA Project 2013 Sidewalk Repair Project - . - bescnptlon ... - - -- Quantity: Location 1 N-side 8th Ave., between San Carlos & Dolores Location 2: E-side San Carlos St, N 7th-Ave. 1 Locabon 3: W.Side San Carlos St., betWeen Ocean & 7th 1 Location 4: N-side Ocean Ave., at San Carlos 1-- Location 5: N-side 6th Ave , between Mission & San Caiios 1 Location 6: W-side lincoln Sl, between Ocean &'ftii .. . 1 location 1 E-side Lincoln St., between Ocean-& 7th 1 location 8: E-slde Monte Verde Sl, between Ocean & 7th - 1 W0: 8359 Untt LS. L.S. L.S. LS. L.S. l .s. L.S. L.S. TABULATION OF BIDS Engineer: NEILL ENGINEERS CORP., Carmel, CA ENGINEER'S ESTIMATE Price Amount _ _ Bid OJ)enlng: 30. 2013 MONTEREY PENINSULA STOWE CONTRACTING, THE DON CHAPIN EARTHWORKS PAVING ENGINEERING INC. CO., INC. CONTRACTORS, INC. Price Amount Prlce Amount - Piice Amount Price - Amount s1s,6oo.oo $15,ooo.oo s1s.ooo.oo s1s.ooo.oo s11,82o.oo s11.ezo.oo S19,ooo.oo' S19,ooo.oo s12,6oo.oo s1z.ooo.oo ss,ooo.oo ss,ooo.oo s3,soo.oo S3.sob.oo $7,921.00 $7,921.00 S8,o6o.oo s6,ooo.oo sa.2oo.oo se.2oo.o6 $12,ooo.oo- S12,ooo.o<f $11,300 oo S11,3oo.oo s9,633 oo -s9,'e33.oo s9,ooo.oo s9,ooo.o1)$16,soo.oo S16.soo.oo s1o,ooo.oo-s1o,ooo:oif ss,2ao:oo' ss,2oo:oo - sa.a3o.oo $s.a3o.oo $12;oao.oo $12-;-ooo.oo ss.soo:oo ss,soooo ss.ooo:oo ss,ooo.oo S5,ooo.oo ss,oOo.oo $4.-164.oo se,Ooo.oo s8,ooo.oo- ss.aoo.oo -$5,8oo.oo s1o,6oo.oo' s1o,ooo.oo ss.ooo:oo $8,ooo.oo s1o.03too $16.ooo.oo $1o,ooo.oo: S11.ooo.oo. $11,ooo.oo $10,000.00 $10,000.00- $5,00b.oo $5,ooo.oo $10,90B.OOS10,906.6o'$10,00o.OO' $10,000.00 $10,0oo.Oo-S10,000.00 s5,ooo.oo s5.ooo,oo $3,5oo.oo S3.5.oo $5,a17:oo Ss.sf7.6o ss:ooo.oo ss.ooo:oo se.Joo oo S6,30Q.6o s12,ooo.oo sauoo.of - s7e,30o.oo LOW BID P e1of1 SHERMAN W. LOW, R.C.E. GN(V W. WHITE, LS. ClAYTON B. NEILL. JR., ltC.E. GILBERT M. NeiLL. ltC.E. Mr. Jason Stilwell City Administrator City of Cannel PO Box CC Carmel, CA 93921 NEILL ENGINEERS Corp. CONSULnNG ENGINEERS MISSION and FIFTH-BOX U CARMEL. CAUFORNIA 93921 (631) 624-2 I 10 FAX: (831) 624-3693 December 30,2013 Re: 2013 Sidewalk Repair Project Dear Mr. Stilwell, SUBOMSIONS, LAND PLANNING, WATER SUPPLY, SANJTAnON, SUM'IING, AIRPORTS MUNJCtPAI.mES Bids were opened for the 2013 Sidewalk Repair Project on December 30, 2013. This project consists of repairing up-lifted, damaged sidewalks, and associated work at 8 locations within the commercial district. Four bids were received listed in ascending order as follows: Contractor Monterey Peninsula Engineering, Inc. Stowe Contracting, Inc. The Don Chapin Co., Inc. Earthworks Paving Contractors, Inc. Engineer's Estimate Total Bid $60,900.00 $69,124.00 $79,000.00 $79,300.00 $72,000.00 The bids were reviewed for mathematical accuracy and other proposal requirements. All bid proposals were in order and considered responsive. A copy of the Tabulation of Bids is enclosed. We recommend that the contract be awarded to the low bidder, Monterey Peninsula Engineering, Inc. c: Sharon Friedrichsen Very truly yours, ~ , ~ ; J r J k Sherman W. Low City Engineer Sharon Friedrichsen From: Sent: To: Irene Wernke [iwernke@ISQFT.com] Thursday, January 16, 2014 3:26PM Sharon Friedrichsen Subject: 2013 Sidewalk Repair Project Good afternoon, As mentioned on the phone, I am interested in obtaining a bid tabulation and award information for the 2013 Sidewalk Repair Project that bid on December 30, 2014. Thank you, Irene Wernke Market Specialist i S q t ~ Planroom c/o PlaniT Reprographics 77738 Flora Road Palm Desert, CA 92211 Office: (800) 364-2059 x7033 Fax: (866) 570-8187 www.isqft.com 1976357 The information contained in this email and any attachments is confidential and may be subject to copyright or other intellectual property protection. If you are not the intended recipient, you are not authorized to use or -:lisclose this information, and we request that you notify us by reply mail or telephone and delete the original message from your mail system. 1 Chudamani, Please see response below to your email dated 1/13/14 on behalf of Reed Construction Data. The bid date for the project was December 30, 2013. There was no extended bid date. The apparent three lowest bidders were: (1) Monterey Peninsula Engineering with a base bid of $60,900; (2) Stowe Contracting with a base bid of $69,124; and (3) Don Chapin Company with a base bid of $79,000. There were four bids received. The contract was awarded to Monterey Peninsula Engineering for $60,900. Sharon Friedrichsen From: Sent: To: Subject: Rob Mullane Monday, January 13, 2014 9:10AM Sharon Friedrichsen FW: Bid result request (RCD Project Number 1001958063) ------------ -- - --------- -- From: East Region Public (RBI-US) [mailto:eastregionpublic@reedbusioess.com] Sent: Monday, January 13, 2014 8:43AM To: Margi Perotti Cc: RCD QC Training (RBI-US RCD) Subject: CM: Bid result request (RCD Project Number 1001958063) Hello, my name is Chudamani with Reed Construction Data and I wish to confirm that your project CARMEL VARIOUS SIDEWALK 2013 bid on 12/30/2013. Is this correct, or what is the extended bid date? If the project successfully bid I am requesting the apparent low bid information for the three lowest bidders, their base bid amounts and how many total bids were received. If the contract has been awarded then please indicate to whom and the respective award amount. If it is easier to send the bid tabulation then please e-mail it to ERP@reedbusiness.com or fax to toll free 800- 467-2860 Thanking you in advance for your speedy response to this request. Thanks and Regards, Chudamani Meher Data Acquisition Group Reed Construction Data T +1 800.424.3996 F +1 800.467.2860 E eastregionoubl ic@reedbusiness.com www.reedconstructiondata.com RSMeans Project leads Market intelligence Marketing solutions Reed Construction Data is part of Reed Business Information, Reed Elsevier pic 1 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-8
Information Requested: Benefit information for city employees
Daryl Betancur ~ r o m mt: l'o: Mary Schley [mary@carmelpinecone.com] Wednesday, January 15, 2014 6:56AM Jason Stilwell ; Daryl Betancur Subject: 2013 salary survey Every year, I request and receive the salaries, benefits, OT, car allowances, uniform allowances, vacation payout, sick payout and other money paid out, listed by individual employee and in order of the total amount paid, from greatest to least. It's that time again! Please send me a spreadsheet with the above information . If you'd like an example of what I've received in the past, please let me know and I'll send it to you . Thanks! Mary Mary Schley, reporter The Carmel Pine Cone (831) 274-866e mary@carmelpinecone . com 1 City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 6202000 January 24, 2014 VIA ELECTRONIC MAIL to: mary@carmelpinecone.com Mary Schley, reporter The Carmel Pine Cone (831) 274-8660 E-mail : mary@carmelpinecone.com Re: Public Records Request (City No. 2014-8) Dear Ms. Schley: The City of Carmel-by-the-Sea ("City") received your emailed California Public Records Act request on January 15, 2014 (the "Records Request"). This response is sent on my authority as City Administrator. After review of the Records Request, the City has determined that due to the need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request, the City requires an extension of time pursuant to California Government Code Section 6253 in order to adequately determine whether the Records Request, in whole or in part, seeks copies of disclosable public records in the possession of the City and provide notice of the reasons therefor. The City expects to provide its determination no later than February 7, 2014. The City appreciates your patience with regard to this matter. Should you have any questions or concerns, please do not hesitate to contact the undersigned at 831-620-2000. DOCSOC/1653951 v 1/102910-0002 Very truly yours,
Jason Stilwell City Administrator February 7, 2014 City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 VIA ELECTRONIC MAll to: mary@carmelpinecone.com Mary Schley, reporter The Carmel Pine Cone (831) 274-8660 E-mail: mary@carmelpinecone.com Re: Public Records Request (City No. 2014-8) Dear Ms. Schley: This Jetter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on January 15, 2014 (the "Records Request"). This response is sent on my authority as City Administrator. The City has determined that is has disclosable public records responsive to your request. Those records are now available for review. Please contact Daryl Betancur to schedule a time for you to pick up the currently available records. Please be advised that the City will not release the records until it has received payment for the direct cost of duplication pursuant to California Government Code section 6253(b). The direct cost incurred by the City for duplication is $0.10 per page. The estimate direct cost for the currently available responsive records is $0.20. Please be prepared to provide a check made payable to the "City of Carmel-by-the-Sea" for the direct costs of duplication incurred by the City at the time you pick up the available records. Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, ifyou have knowledge of a specific document which has not been provided in response to your requests, please notify the City and the City will be happy to search for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254 and/or other applicable privilege. If you are aware of any legal authority that would require disclosure of documents in addition to those provided, please advise the undersigned and the City will reconsider its position accordingly. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 831-620-2000. Very truly yours, 9 ~ City Administrator Stifwell, lHDn Paul, SU'S.In C.1houn, Mlcht el Mullane, Robert &urth, Heldi Eckel, Isaac Friedrichwn, Sharoo Cummiflt. Mic:httSe JohnSOf\ Christopher Mukai, Melvin Tomasi, Ptut Bfln50n, Michnl Jedlnak.. David RoSI, Stuart Uthtfoot.. AaeMUe PoweU, Johnson, Grttorv Pon, 8rlen Juarez. Jesse Watkins, Jtfft.ry Cubbe1e. J1ne1 Shen, Kenrick Mctncha)l;, Sle\len Mndora. Ricardo 8ouchcr, Joseptl L Weinfl', Marc Fret:man, Oon Ahn,Ounna n mottw Ft rrton, l Hlie Franre.n, Rose Wtbster, Mtlina Henson, John Perottf, Marsarct Partkfo, Esther AJmtrio, Dawn Chapin. Jean Mlrjoriie Mebdy, Grace RKt:or, Amy lopez- Frincle, Cynthia Gan"bay, Gu.st.wo Plngre. James Hld!co, Oebor11h Ann Mitetlt ll, Ondl Mater,Jnc Culver, Robert oun, er, Jeffrey Good, Wendy Cook, Tracy Roddk:k.. Maur.en Jaime Wriaht, Mhlu John50n,llu Ml'ttew Gretn, Ketfev Sheppard, .. hordt Watfl"S,0.Vt HUsson, Martht !tina, Joseph Martln , RtnH
Information Requested: Form 700's for all candidates for Office
J o ~ r +-----------------------------------------------------------------------------+ Jdnuary 21, 2014 ***************************** Receipt# .. : 02600 I Tuesday 10:30 am * City of Carmel-by-the-Sea * Register #.: 002 1 By: ANNA ***************************** Terminal ID: T94 I P.O. BOX CC CARMEL, CA. 93921 I I I 1-----------------------------------------------------------------------------l 1 I.D. Number Amount Paid l 1-----------------------------------------------------------------------------l I COPYS PHOTOCOPIES 3 . 50 I I Cmt: COPYING 01 36276 0004 I I I I I I I I I I I I I I I I 1 Check # Check Amount Cash Amt Tendered Total Paid Change I ------- ------------ ------------ ---- -------- ------------ ------------ 1 .00 3.50 3.50 3.50 .00 ============ =====;====== 1 jaid By.: THE PINE CONE +-----------------------------------------------------------------------------+ PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-10
Information Requested: 1) all records reviewed or created in the preparation of the PRA log 2013; and 2) records sufficient to identify individuals involved in preparation of the PRA log 2013
-- ) --- ---- --- ------- -----Original Message----- From: Neil Shapiro [mailto:nlshapiro@sbcglobal.net] Sent: Tuesday, January 21, 2e14 3:22 PM To : Jason Stilwell Subject: Public Records Act Request Mr. Stilwell: \ Pursuant to the California Public Records Act, I on behalf of Transparency in Government request access to and copies of the following public records: '1) All records reviewed or created in the preparation of the Public Records Request Log 2e13 ,, rovided to the Carmel City Council earlier this monthj and (2) Records sufficient to identify the individuals involved in the preparation of the Public Records Request Log 2013, and the amount of time spent by each. Thank you. Neil Shapiro Neil Shapiro Law Offices of Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 9394e Telephone : (831) 372-3700 Facsimile: (831) 372-3701 nlshapiro@sbcglobal.net nshapiro@nshapiro. com www.nshapiro.com Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of Neil L. Shapiro that may be confidential or privileged. This message, ~ ~ l u s i v of any attachments, is intended for the use of the recipient(s) identified above illy. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received 1 this transmission in error, please notify the sender immediately and delete/destroy all r.opies of this transmission, or any portion thereof. 2 February 4, 2014 VIA EMAIL ONLY Neil Shapiro Law Offices ofNeil L. Shapiro nlshapiro@sbcglobal .net City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL- BY-THE-SEA. CA93921 (831) 620-2000 Re: Public Records Request -2014-10 Dear Mr. Shapiro: The City of CannelBy The Sea ("City") hereby provides you with documents responsive to your California Public Records Act ("PRA") request. This response is sent on my authority as City Administrator. The City has detennined that your request seeks disclosable public records. In accordance with this detennination, attached to this email please find an electronic copy of disclosable public records responsive to your request. The discfosable records identified by the City and provided herewith do not contain infonnation subject to the attorneyclient communication privilege, attorney work product privilege, applicable exemptions under the Public Records Act or any other privileges and exemptions provided by statute and case law. As such, the City has not withheld any responsive records identified to date nor has it redacted any portion of the records provided herewith. I encourage you to give me a call to discuss your request. In addition to disclosable records we have a blended cost calculation we apply to the time required to fulfill requests. I would be happy to explain the process and the derivation of the cost and time estimates to you. Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, we believe our search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your request, please notify us and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254. If you are aware of any legal authority that would require disclosure of documents in addition to those identified above, please advise the undersigned and the City will reconsider its position accordingly. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 8316202000. Very ;<(ours, 7 Jason Stilwell City Administrator City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 VIA ELECTRONIC MAIL to: nshapiro@nshapiro.com Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Email: nshapiro@nshapiro.com February 11 , 2014 Re: Public Records Act Request (City No. 2014-10) Dear: Mr. Shapiro, This letter is in response to your letter of February 5, 2014 ("Demand Letter'') and follows your courteous extension of time granted by your email of February 7, 2014. Pursuant to your Demand Letter, the City of Carmel by-the Sea ("City") has reviewed its invoices and made more precise redactions of privileged and/or exempted information. Please find the newly redacted invoices attached. The City has also created, specifically for your request, a log displaying the hours spent and costs incurred by the City for each public records request it has received in 2013. Please find the foregoing log attached. Again, the City uses a blended staff hourly rate and estimates the time to fulfill each request. The City then adds its estimate to the time spent by our legal counsel on a particular PRA. Additionally, the City has retrieved e-mail correspondence responsive to your request. Please find the records attached hereto. Please note that the City has no additional documents responsive to your request. If you have any additional questions or would like to discuss this matter further, please contact me at 831-620-2000. DOCSOC/1655644v1/1 02910-0002 Very truly yours, Jason Stilwell City Administrator w w 2013-2 7/8/13 20133 915113 2013-4 10/1/13 2013 5 10/8113 2013-6 10/16113 20137 10/16/13 2013-8 10122113 07/16/13 09/19/13 10/15113 10122/13 10130/13 10/29113 11/07/13 n/a n/a Extension 1012512013 Second Exwnston 1112112013 n/a n/a n/a Extei'ISion 1111712013 Second externsion t 1/2012013 Page 1 of 7 CUrrent as of 12/3012013 Time: 11 :30 am Pending Pendin!J Pending eompleted Partially 1 eomp!eted
FuRy 1215120h 1.2 1.6 0.4 1 18.2 474 632 158 395 6684 2013-16 10129/13 11/12113 n/a 2013-17 10129/13 11112/13 n/a 2013-18 10/29/13 11/12113 nla 2013-19 10/29/13 11112113 n/a 2013-20 10/29/13 11/12113 nla 10/31/13 11/14/13 n/a Page 3 of 7 Current as of 12/30f20 13 Time: 11 :30 am . PUBl C RECORDS REQUEST LQ(. 2013_ Col'flpleted 11!13i:2013 Completed 11(12/2013
11/1412013 Completed
Completed . Completed 11/1912013 same as request. No. 2013-28 Royal Calkln&-Monterey Herald Mary Schley, Pine Cone Mary Schley, Pine Cone Mary Schley, Pine Cone Mooterey Herald NeU Shapiro, Law Offices of Neil L Shapi ro All ooiTespondence, electronic and othe.wise, between Jason Burnett and Carolyn Hardy during the past 90 days Heidi Burch's letter of resignation All public records requests submitted since October 7 EmaUs between (Jason Stilwell) and Heidi Burch for the month of October Linda McOonal's correct spelling and tile nlshapiro@sbcg Access to and copies of Iabat. net doOJments suffident to identify by date, payee and amount all attorney's fees and related charges paid during the past ten years by the City of Carmel ("Carmel) fur litigation relating to 1he Flanders Mansion. 0.27 105 1.47 579 0.4 158 3.6 1422 Media Inquiry 13.4 5292 20132S 11/8/13 2013-30 1119/13 2013-31 11/9/13 2013-32 11/13{13 2013 33 11/2113 201334 11/14113 201335 11/18/13 11/18/13 11/19/13 11/19/13 11/23/13 11/12/13 11124113 11/28113 nla n/a n/a Extension 12/6/2013 n/a n/a Extension 12111/2013 Page 5 of 7 Current as of 12/30/2013 lime: 11 :30 am Gompjete 12ft 012G{3 DupQcate same as request No. 2013-22 Completed
GQITlpleted 121512013 f.onlptQted
1.2 474 0.4 158 4.4 1500 0.30 119 1.20 348 0.8 232 PUBL C RECORDS Rl=nUEST LO( 2013
lit
" P.!)p_jj,W )' lf.!OUJ"S' No! ,J ""' Gcist\(lnl<lollars} Completea larry Parsons, Monterey Herald IT Manager Steve Mclnchak's 201l49 12117113 12127/13 nta dalm against the city of 12117/2013 Carmel - - Ms. Paterson Former Building OffiCial John Hanson's clatm against the C<!mpleted city of canmer filed by attorney 2013-50 12118/13 12/28/13 nta Michael Stamp on Tuesday. 12/19/2013 December 17, 2013 in e- - - format Mary Schley, Pine Cone Copy of the City's 2013-51 12119/13 12/29/13 Extension Pending poUcies/rules on employee use 1/3/2014 of city's computers and - - networlls Page 7 of 7 Current as of 12/30/201311me: 11:30 am STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice : 11/01/13 .60 237.00 11/04/13 1.10 434.50 11/04/13 1.20 474 .00 11/05/13 1.30 513 . 50 11/05/13 2.30 908.50 ------------ STRADUNG YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice: 11/05/1 .60 237 . 00 11/05/1. .20 79.00 11/06/ 1: .30 118 . 50 11/06/1: 2.80 1106.00 11./06/1: . 60 237.00 11/07/13 2.10 829.50 11/07/13 . 60 237.00 11/08/13 l.BO 711.00 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice: 11/08/1: 1.20 474.00 11/08/1:- . 60 237.00 11/0B/1: .40 158.00 1 1 1 1 1 ~ . 40 158.00 11/ 11/13 1. 80 711.00 11/12/13 . 20 79 . 00 11/12/13 l. 60 632.00 1 1 1 2 1 ~ .40 158 . 00 ---------------- - --------- ------ --- - - 1 I STRADLING YOCCA CARLSON & RAUTH i I J I December 17, 2013 File No: Invoice: lJ./13/13 .30 118.50 11/14/13 .90 355 . 50 11/14/13 4.70 1856.50 11/14/13 .40 158.00 11/15/13 2.60 1027 . 00 ----- ------- ---- STRADLING YOCCA CARLSON & RAtrrH December 17, 2013 File No : Invoice : 11/15/13 .30 118 . 50 11/15/13 1.20 474.00 11/ 1 6 /13 .20 7.9 . 00 11/ 17/13 . 10 39 . 50 :1.1/18/13 1.20 474.00 11/18/ 13 1.40 553.00 11/18/13 .20 79.00 11/1.9/13 . . 40 158 . 00 - - - --------- -.... --- ------------- __ .. STRADLING YOCCA CARLSON & RAum December 17, 2013 File No: Invoice: 11/19/13 .40 158 . 00 11/19/13 ' .30 118 . 50 11/19/13 . 20 79.00 ll/19/13 .20 79.00 11/20/13 . 60 237.00 ------- - - - ----- - - ---- ------....---... -- - -- - .. STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice: 11/20/ 13 . 70 276 .50 11/20/13 2.40 948 . 00 11/20/13 . 30 118.50 11/20/13 .60 174 . 00 11/20/13 1.10 319.00 11/21/13 .60 237 . 00 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice: 11/21/13 .20 79.00 11/21/23 .70 276.50 11/21/13 .40 158.00 11/22/D 1.60 632.00 l.l/22/13 1.30 513.50 11/22/13 .40 158.00 ------- ------- ----- .. I I I I STRADLING YOCCA CARLSON & RAurH December 17, 2013 File No: Invoice: 11/ 22/13 11/22/ 13 11/22/13 11/ 24/ 13 11/25/ 13 11/25/13 11/25/ 13 11/25/13 11/25/13 11/25/ 13 -- ----- -- -------- - --- ------------ --- - . . 40 158.00 . 40 116 . 00 . 40 158 . 00 . so 197 . 50 . 30 118 . 50 .40 158.00 1.30 513 . 50 2 . 40 6.9 6 . 00 . 40 116.00 . 50 145 . 00 STitADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: Invoice: 1.1/26/13 . 60 237.00' 11/26/13 .ao 316.00 11/26/13 3.70 1073.00 11/26/13 .10 39 . 50 11/27/13 . . 20 79.00 11/27/13 1.00 290.00 23,192.50 =========::::::: - - -- .. ---------- ---- ------- - -- 2100 Garden Road, Suite C Monterey, CA 93940 www.nshapiro.com February 5, 2014 By Email only Jason Stilwell City Administrator LAW OFFICES OF NEILL. SHAPIRO City of Carmel-By-The-Sea Re: Public Records Act Request Dear Mr. Stilwell: Telephone: (831) 372-3700 Facsimile: (831) 372-3701 Email : nshapiro@nshapiro.com Thank you for your letter of February 4, 2014, responding to the request I made on behalf of a client, pursuant to the Public Records Act ("PRA") . Unfortunately, that response is as substantively inadequate as it is untimely. The relevant request sought: "(1) All records reviewed or created in the preparation of the Public Records Request Log 2013 provided to the Carmel City Council earlier this month; and (2) Records sufficient to identify the individuals involved in the preparation of the Public Records Request Log 2013, and the amount of time spent by each." The following day you sought clarification of the first part of the request, and I provided it: "What I seek are the records by which you determined the amounts of time spent in responding, as reported to the Council - who worked on a request, and for how long - and by which you determined the appropriate hourly rate for that person or those persons. I also seek any notes or summaries that were prepared in the process of creating the referenced report. For example, and using my Flanders Mansion request, I want whatever records you used to determine, or summarize, that a combined 13.4 hours were spent in responding, who spent those hours, and how the hourly rate for each of those people was calculated." Jason Stilwell February 5, 2014 Page 2 Your response dated February 4, 2014, admits that the "request seeks disclosable public records" and purports to attach all such records. It then says that the "disclosable records . .. provided herewith do not contain information subject to the attorney- client communication privilege, attorney work product privilege, applicable exemptions under the Public Records Act or any other privileges and exemptions provided by statute and case law" and that "[a]s such, the City has not withheld any responsive records identified to date nor has it redacted any portion of the records provided herewith." The only records produced were (1) a copy ofthe report referenced in the request, and (2) a 10-page law firm invoice with virtually everything redacted. My client and I do not consider the response to the referenced PRA request sufficient, or even close to sufficient. Absent a full and complete response by 5:00p.m. on Friday, February 7, 2014, or sufficient justification for further delay, my client intends to file an action to enforce its rights under the PRA, and to recover its attorney's fees in so doing. Feel free to let me know, in writing, if you have any questions or comments. Thank you for your anticipated courtesy and cooperation. Very truly yours, NeilL. Shapiro NLS/sre Daryl Betancur rom: ..;ent: To: Cc: Subject: Jason Stilwell Wednesday, February 05, 2014 1:49PM Neil Shapiro Daryl Betancur RE: PRA 2014-10 Thank you Mr . Shapiro: I'll review your correspondence and provide a response. In addition I reiterate my offer to discuss with you the information you receive and the questions you have to explain t he calculation methodsJ blended ratesJ and time estimates used on the records. Jason -- - - -Original Message----- From: Neil Shapiro [mailto: nl shapiro@sbcglobal.net] Sent: Wednesday, February 85, 2814 1:43 PM To: Jason Stilwell Cc: Daryl Betancur Subject: Re: PRA 2014-10 On Feb 4, 2014, at 3: 57PM, Jason Stilwell <jstilwell@ci . carmel . ca.us> wrote : Mr. Shapiro: please see the attached correspondence. Please contact me to f urther ,iscuss . Jason 1 STRADLING YOCCA CARLSON & RAUTH, P.C. 660 NEWPORT CENTER DRIVE. SUITE 1600 NEWPORT BEACH, CA 92680 6422 ALliSON E. BURNS DI RECT DIAL 949.725.4167 ABURNS@SYCR.COM SYCR.COM VIA ELECTRONIC MAIL ONLY to: nshapiro@nshapiro.com Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Email: nshapiro@nshapiro.com February 7, 2014 Re: Public Records Act Request (City No. 2014-1 0) Dear: Mr. Shapiro, NEWPORT BEACH RENO SACRAMENTO SAN DIEGO SAN FRANCISCO SANTA BARBARA SANTA MONICA This office is special counsel for the City of Carmel by-the-Sea regarding the above- referenced matter. This letter is in response to your letter of February 5, 2014. This office respectfully requests an extension to Tuesday, February 11, 2014 in order to adequately review and redact the requested records as demanded in your letter. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, Allison E. Burns for STRADLI NG YOCCA CARLSON & RAUTH, P.C. AEB/cah DOCSOC/1 655325v3/ 1 02910-0002 STRADLING YOCCA CARLSON & RAUTH File No: 102910 - 0002 Invoice : 285070-0002 December 17, 2013 Re : PUBLIC RECORDS ~ T REQUESTS DESCRIPTION OF SERVICES RENDERED 11/04/13 DCP Telephone conference with J. Dinkin re ; review and analysis of conference with J. Adams re to J. Dinkin with analysis of 11/05/13 ABB Multiple emails with J. Dinkin re 111111 ; prepare for and and analyze tiple emails with J. .60 23'/ . 00 1.10 434.50 1.20 474 .00 1. 30 513.50 2.30 908 .50 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File NO: 102910-0002 Invoice: 285070-0002 H.e : PUBLlC RECORDS ACT REQUESTS 11/05/13 11/05/13 JAD Strategized re 11/06/13 AEB Multiple emails with J . Dinkin and D. Palmer re. 11/06/13 JAD J. Dinkin; multiple follow-up emails to from J. Dinkin 1111111 conference with D. Freeman re Ill ; related coordination; analyzed 1111111 11/07/13 JAD Telephone conference with s . Paul 1111111 related coordination of PRA issues 11/08/13 DCP .60 237.00 .20 '79.00 .30 118.50 2 . 80 1106 . 00 .60 237.00 2.10 829.50
237.00 1. 80 711.00 STRADLING YOCCA CARLSON & RAUTH File No: 102910-0002 Invoice: 285070-0002 December 17, 2013 Re: PUBLIC RECORDS ACT REQUESTS 11/08/13 DCP Emails to and from J. Dinkin re 11/08/ 1 3 JAD coordinated PRA responses 11/11/13 AEB Conference with J. Dinken re lilt; coordinate preparation follow up re 1111 ll/12/13 AEB Multiple emails with team re - 11/12/13 DCP Receive and respond to numerous emails 11/12/13 JAD Coordinated email to . 1.20 474 . 00 .60 2 37. 00 .40 158.00 .40 158 . 00 1.80 7ll.OO .20 79.00 1.60 632.00 . 40 158 .00 STRriDLING YOCCA CARLSON & RAUTH December 17, 2013 File No: 102910-0002 Invoice: 285070-0002 Re: PUBLIC RECORDS ACT REQUESTS 11/ 13/13 DCP gmails to and from Jason Stilwell re multiple emails 11/14/13 DCP wi t h Leam ; email J, re ew and revise response II forward same to ~ with team re 1111111111111111 11/14/13 DCP Emails to a nd f r om Jason Stilwell re -
11/15/13 AEB Nul t iple emails with team re - call with City follow up calls and emails with s. Paul . 30 118 .50 .90 355 . 50 4.70 1856.50 . 40 158.00 2.60 1027.00 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: 102910-0002 Invoice: 285070-0002 Re: PUBLIC RECORDS ACT REQUESTS review and follow related 11/15/13 JAD Strategized re 1111111111111111111 conference call with D. Freeman; related telephone conference with S. Paul; related telephone conference with J . Stilwell 11/16/13 AEB Review and analyze email from S. Paul re Ill 11/17/13 JAD Coordinated llllconference call and 1111111 email to D. Freeman 11/18/13 DCP Prepare for and attend conference call re 11/18/13 DCP Review and redact conference 11/18/13 DCP Email to and from Jason Stilwell re team re 111111111111111 multiple emails with coordinate .30 118.50 1. 20 474.00 . 20 79 . 00 . 10 39 . 50 1. 20 474.00 1.40 553.00 . 20 79.00 . 40 158.00 STRADLING YOCCA CARLSON & RAUTH File No: 102910-0002 Invoice: 285070-0002 December 17, 2013 Re: PUBLIC RECORDS ACT REQUESTS 11/19/13 DCP Email from and to Jason Stilwell re 11 /20/13 AEB Multiple emails with c. Hendricks re multiple emails with team re multiple emails with S. Paul . 40 158.00 .30 118.50 .20 79 .00 .20 79.00 .60 237.00 STRADLING YOCCA CARLSON & RAUTH File No: 102910-0002 Invoice: 285070-0002 11/20/13 DCP 11/20/13 DCP and Paul December 17, 2013 Re: PUBLIC RECORDS ACT REQUESTS .70 276.50 2.40 948.00 . 30 118.50 .60 174.00 - 319.00 . 60 237 . 00 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No : 102910-0002 Invoice: 285070-0002 Re : PUBLIC RECORDS ACT REQUESTS 11/21/13 DCP Conference with A. Burns and K. Hardy re 11/21/13 DCP Conference with A. Burns re 11/22/13 AEB Multiple telephone calls and emails with J. Dinkin and staff re review and analyze ; forward documentation to team re and analyze documents 1111111111 .111111111: email team re- multiple emails with team re 11111111111 11/22/13 DCP Received email from Don Freeman re 1111111111 review and analysis of 11/22/13 DCP Conference with c . Hendricks re .20 79.00 .70 276.50 . 40 158.00 1 .60 632.00 1. 30 513.50 .40 158.00 STRADLING YOCCA CARLSON & RAUTH December 17, 2013 File No: 102910-0002 Invoice: 285070-0002 Re : PUBLIC RECORDS ACT REQUESTS 11/22/13 DCP Review and analysis of conference 11/22/13 CAH Redact and e-mail Schley I 11/22/13 JAD Coordinated response to further inquiry re 11/24/13 JAD Worked on response to Ill email to D. Freeman. 11/25/13 AEB Multiple emails with team re and 11/25/13 AEB Multiple emails with team re ; review and 11/25/13 DCP 11/25/13 p repare 11/25/13 CAH Review 11/25/13 CAH Prepare 111111111111111111111111111111111111 .40 158.00 .40 116 . 00 .40 158.00 .50 197.50 .30 118.50 .40 158.00 1. 30 513.50 2.40 696.00 .40 116.00 .so 145.00 STRADLING YOCCA CARLSON & RAUTH File No: 102910-0002 Invoice: 285070-0002 December 17, 2013 Re: PUBLIC RECORDS ACT REQUESTS 11/26/13 AEB Multiple emails with c. Hendricks and D. 11/26/13 CAH Palmer coordi conference with D. Palmer re ; e-mail to A. Burns re 1111; e - mails from A. Burns re 11/26/13 JAD Coordinated PRA response and strategy 11/27/13 AEB Follow up re PRA responses 11/27/13 CAH Finish Total Fees: .60 237.00 .80 316.00 3.70 1073.00 .10 39.50 .20 79.00 1. 00 290.00 23,l92.50 ===========:: Hours Cost lawyer time Lawyer$ Estimated 2013-1 2013-2 2013-3 1.20 474 0.6 237 395 2013-4 1.60 632 0.8 316 2013-5 0.40 158 0.2 79 ffi .. 1: - . ...,... 1 _ __ ...__ ..... ---...;'} 2013-6 I . I - i 2013-7 1.00 395 0.5 197.5 2013-8 18.20 6,684 9.1 3342 2013-9 12.80 5,054 6.4 2527 2013-10 8.80 3,474 4.4 1737 2013-11 3.20 1,264 1.6 632 2013-12 n/a n/a ~ - 2013-13 0.80 316 0.4 158 2013-14 0.27 105 0.13 52.67 2013-15 0.27 105 0.13 52.67 2013-16 0.27 105 0 .13 52.67 2013-17 1.47 579 0 .73 289.67 2013-18 0.40 158 0.2 79 2013-19 3.60 1,422 1.8 711 2013-20 Media Inquiry 2013-21 13.40 5,292 6.7 2646 2013-22 0.40 158 0.2 79 2013-23 1.47 579 0.7.3 289.67 2013-24 1.47 579 0 .73 289.67 .. ! l 2013-25 'I -.. 2013-26 2013-27 Media Inquiry 2013-28 ~ ~ .,....'] ~ . . . . . . . : . . U . . A ~ 2013-29 1.20 474 :-- ....,..,-r,. - - r: :t -v-l 2013-30 ' r._ ~ ,...,__. -.IU- - "- ~ ... 2013-31 0.40 158 0.2 79 2013-32 32.40 5,354 12 3668.5 2013-33 0.41 80 0.15 59.25 2013-34 1.62 258 0.6 174 2013-35 3.78 655 1.4 458.5 2013-36 6.48 1,148 2.4 811 2013-37 0.27 54 0.1 39.5 2013-38 0.68 134 0 .25 98.75 2013-39 5.67 1,735 2.1 1439.92 2013-40 0.54 109 0.2 80.58 2013-41 4.86 806 1.8 553.5 2013-42 33.75 5,517 12.5 3761.5 2013-43 0.54 107 0.2 79 2013-44 1.08 172 0.4 116 2013-45 Media Inquiry 2013-46 2013-47 2013-48 2013-49 2013-50 2013-51 Media Inquiry 3.51 581 193.59 35,890 1.3 398 71.7 25821.5 STRADLING YOCCA CARLSON & RAUTH, P.C. 660 NEWPORT CENTER ORNE. SUITE 1600 NEWPORT BEACH. CA 92660-6422
1 .1SON E. BURNS ECT DIAL: 949.725.4187 ABURNS@SYCR. COM SYCR.COM VIA ELECTRONIC MAIL ONLY to: nshapiro@nshapiro.com Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Email : nshapiro@nshapiro.com February 7, 2014 Re: Public Records Act Request (City No. 2014-1 0) Dear: Mr. Shapiro, NEWPORT BEACH RENO SACRAMENTO SAN DIEGO SAN FRANCISCO SANTA BARBARA SANTA MONICA This office is special counsel for the City of Carmel by-the-Sea regarding the above- referenced matter. This letter is in response to your letter of February 5, 2014. This office respectfully requests an extension to Tuesday, February 11, 2014 in order to adequately review and redact the requested records as demanded in your letter. If you have any questions, please do not hesitate to contact the undersigned. Very truly yours, Allison E. Burns for STRADLING YOCCA CARLSON & RAUTH, P.C. AEB/cah DOCSOC/1655325v3/1 02910-0002 VIA ELECTRONIC MAIL to: nshapiro@nshapiro.com Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Email : nshapiro@nshapiro.com February 11, 2014 Re: Public Records Act Request (City No. 2014-1 0) Dear: Mr. Shapiro, This letter is in response to your letter of February 5, 2014 ("Demand Letter") and follows your courteous extension of time granted by your email of February 7, 2014. Pursuant to your Demand Letter, the City of Carmel by-the Sea ("City") has reviewed its invoices and made more precise redactions of privileged and/or exempted information. Please find the newly redacted invoices attached. The City has also created, specifically for your request, a log displaying the hours spent and costs incurred by the City for each public records request it has received in 2013. Please find the foregoing log attached. Again, the City uses a blended staff hourly rate and estimates the time to fulfill each request. The City then adds its estimate to the time spent by our legal counsel on a particular PRA. Additionally, the City has retrieved e-mail correspondence responsive to your request. Please find the records attached hereto. Please note that the City has no additional documents responsive to your request. If you have any additional questions or would like to discuss this matter further, please contact me at 831-620-2000. DOCSOC/1655644v1 / 102910-0002 Very truly yours, Jason Stilwell City Administrator PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-11
Information Requested: Lucas Austin Investigation
i City of Carmel-by-the-Sea Public Records Request City Clerk Department Due Date: J 1- I ':/ (Office Use Only) Fife u I 4 -- Jl (Office Use Only) THIS PUBLIC RECORDS REQUEST FORM ITSELF CONSTITUES A PUBLIC RECORD AND IS SUBJECT TO PUBLIC DISCLOSURE UPON REQUEST. Fill out info in box only Date of Request: 1 - 1-l- .)_.o 1 y Requested By: t1 A ay SC HLP"'-L. ' Company: f>'l N- c. ow E:. Address: Phone, Fax, Email: Info Requested (be specific): 9L-L... a.A' J u e-Yu.? M G"//Jr-l ' :r /'1 1,;; tt. z tJN L;l ll.t s 12. {)rJ Ju h'::f.
{__ Lttt IC ' Date Desired: (City has 10 days to determine whether the request in whole or in part is a disclosable public record pursuant to GCS 6253(C). In certain circumstances, the 10 date determination may be extended to an addition 14-days so long as persons are advised.) Persons/Departments to provide information: (Office use Only) Done: ___ Date:----- Request Approved by City Attorney: ----- Disclosable Records: ----- Need for Extension Past 10 Days: ________ Due Date:--------- If yes, was written notification sent:------ Date:---------- Cost Associated with Request: --------Total: $ _________ _ Request completed by:-----------Date Completed: ------- Method of Delivery:--------- 1, Attach receipt of request and invoice if applicable Daryl Betancur Jason Stilwell ..... om: nt: To: Wednesday, January 22, 2014 10:44 AM Daryl Betancur Subject: RE: Lucas Austin investigation Add it to the log as a media inquiry please -----Original Message----- From: Daryl Betancur Sent: Tuesday, January 21, 2014 2:26 PM To : Mary Schley Cc: Jason Stilwell; Daryl Betancur; Don Freeman; Mike Calhoun Subject: RE: Lucas Austin investigation I don't have any details other than when I was not here last week Jalaine C. Bradley from the D. A's office came in asking to see me and wanting to see some records. She was told to come back on Tuesday. She indicated that today towards the end of the day, no specific time frame given, at whose direction?, I don't know that . Who reported it to Carmel P.O. ? I don't know that either. Not sure why the D.A. indicated that Carmel PO would investigate since they have someone from the DA already coming! That is all I know. rhank you, Daryl A. Betancur, CMC, MPA Office of the City Administrator City of Carmel-by-the-Sea P. 0. Box CC Carmel, California 93921 Phone 831-620- 2000 Fax: 831- 620- 2004 -----Original Message----- From: Mary Schley [mailto:mary@carmelpinecone.com] Sent: Tuesday, January 21, 2014 1 : 28 PM To: Daryl Betancur Subject: Lucas Austin investigation Hi Daryl, I talked to the DA's office, and they said Carmel PO would investigate the perjury allegation against Lucas Austin before sending it to the DA's office, but you indicated the DA's office is coming in to look at the files. auld you please tell me who is coming, when, and at whose direction? And who reported it to ~ r m e l P.O.? Thanks, 1 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-12
Information Requested: Lucas Austin Investigation
Daryl Betancur Daryl Betancur ?m: .. nt: To: Wednesday, January 22, 2014 11 :56 AM Larry Parsons Cc: Daryl Betancur Subject: RE: Voice Mail Larry, I don't have any status actually. As far as we are concerned for purposes of this election and as of this very moment, Mr. Austin still a candidate . It is my understanding that the D.A. was made aware by someone in the community (I don't' know who) of some issues surrounding Mr. Austin voter registration timeframe and as a result, Jalaine C. Bradley from the D.A. 's office came to look at the candidate files. She did so yesterday afternoon and left. I do not know anything beyong that. Thank you, Daryl A. Betancur, CMC, MPA Office of the City Administrator City of Carmel-by-the-Sea P. 0. Box CC Carmel, California 93921 ~ o n e 831-620-2000 ~ a x 831-620- 2004 -----Origi nal Message----- From: Larry Parsons [mailto:lparsons@montereyherald . com] Sent : Wednesday, January 22, 2014 11 : 27 AM To: Daryl Betancur Subject: Re: Voice Mail Yes, I understand some questions have been raised about his candidacy. Can you tell me what is the status and will he be on ballot. Thanks On 1/22/14, Daryl Betancur <dbetancur@ci . carmel.ca.us> wrote : > Larry, > > I understand you called regarding Mr . Austin? > > Thanks, > > > > Daryl A. Betancur, CMC, MPA > Office of the City Administrator 1 > City of Carmel-by-the-Sea > P. 0. Box CC > Carmel, California 93921 Phone 831-620- 2000 Fax: 831- 620-2004 > [Carmel By The Sea Logo for prototype of City Flag 2006] > > 2 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-13
Information Requested: Are you satisfied that Lucas Austin is a legitimate city council candidate
Daryl Betancur --om: .mt: To: Subject: Hi Daryl> Mary Schley [mary@carmelpinecone.com] Thursday, January 23, 2014 9:47AM Daryl Betancur Lucas Austin :=2{1 14- 1.3 For the purposes of my reporting this week> are you> as city clerk and therefore election official> satisfied that Lucas Austin is a legitimate city council candidate? Thanks> Mary 1 Daryl Betancur Jason Stilwell -om: .mt: To: Thursday, January 23, 2014 11: 18 AM Mary Schley; MaryS Subject: City Election Candidates Hi Mary: I' m replying to an email you sent to staff about City Council candidates. California Elections Code section 10002 enables the City Council to request the County elections official to render specific services to the City t o conduct the election. The City Council, by resolution 2013-57 passed on November 5 2013, requested certain services. The City Clerk is not the elections official. Feel free to contact the election official at County Elections for questions regarding candidacy. The City is administering the election and there are 3 qualified candidates for two City Council seats and one qualified candidate for mayor. Please let me know if I can provide any additional information. Jason ~ s o Stilwell City Administrator Carmel-by-the-Sea, CA 93921 831-620-2000 1 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-14
Information Requested: Copies of Mr. Austin's forms 501, 700 & 410
, I City of carmel-by-the-Sea Public Records Request City Clerk Department Due Date: l.Jz_,J J '1 (Office Use Only) File Y - / LJ (Office Use Only) THIS PUBLIC RECORDS REQUEST FORM ITSELF CONSTITUES A PUBLIC RECORD AND IS SUBJECT TO PUBLIC DISCLOSURE UPON REQUEST. Fill out info in box only Date of Request: ) - :l- I Requested By:
fAt Company: '1
Address: Phone, Fax, Email: Info Requested (be specific): s;; .. L
n .s Sa/ 1
#lfJ r a"-- I
ldiL J 1. I JJ Date Desired: (City has 10 days to determine whether the request In whole or inpart Is a disclosable public record pursuant to GCS 6253(C). In certuin circumstances, the 10 date determination may be extended to an addition 14days so long as persons are advised.} Persons/Departments to provide information: (Office Use Only) Request Approved by City Attorney: ---- Disdosable Records: ----- Need for Extension Past 10 Days: _______ Due Date:--------- If yes, was written notification sent: ------Date: ---------- Cost Associated with Request:-------- Total: $ _________ _ Request completed by:-----------Date Completed: ------- Method of Delivery:--------- Attach receipt of request and invoice if applicable Daryl Betancur crom: ~ n t : fo: Larry Parsons [lparsons@montereyherald.com) Thursday, January 23, 2014 3:22 PM Daryl Betancur Subject: Re: Austin Ill come by in the next 45 minutes. On 1/23/14, Daryl Betancur <dbetancur@ci . carmel.ca . us> wrote: > I don't have those documents in electronic format Larry! > > > > > > > > Daryl A. Betancur, CMC, MPA > Office of the City Administrator > City of Carmel-by- the-Sea > P. 0. Box CC > Carmel, California 93921 > Phone 831-62e- 2eee > Fax: 831-62e- 2ee4 > > . -- - --Original Message- ---- ~ From: Larry Parsons [mailto:lparsons@montereyherald.com] > Sent: Thursday, January 23, 2014 3:17 PM > To: Daryl Betancur > Subject: Re : Austin > > Daryl, > > Thanks . I don't need a copy of nomination papers with signatures. > Can you email me 501 and candidate statement and any other campaign > doc w/e any sigs? Also does he have a contact phone number or email contact? > > On 1/23/14, Daryl Betancur <dbetancur@ci . carmel.ca.us> wrote : >> Larry,
>> As I mentioned in my voi ce mail, I cannot legally give you a copy of >> the nomination paper because that has peoples signatures on them. The >> files are here for you to come and view them like other news >> organizations have done recently. Please let me know when you intend to do so.
Thank you, >>
1 > Daryl A. Betancur, CMC, MPA /> Office of the City Administrator >> City of Carmel-by-the-Sea P . 0. Box CC 1 2-Uil/ -/Lf PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-15
Information Requested: Historical Election Information
Daryl Betancur -om: ,nt: To: Subject: Candace Cate [candacercate2004@yahoo.com] Thursday, January 30, 2014 9:57AM Daryl Betancur Information regarding the mayoral races of 2010 and 2012 City Clerk of Carmel By The Sea To whom it may concern: I contacted the Acting Registrar of Voters in Salinas in regards to the following questions. He directed me to you to answer the bulk of my questions as the City of Carmel has conducted their own municipal elections since 2008. Please respond via email to the questions below at your earliest . convenience: 1. In regards to the 2010 race between Sue McCloud and Adam Moniz for the mayor of Carmel By The Sea, what percentage of ballots were actually cast by the voter (write in) qnd which percentage was absentee (mail in)? Are absentee ballots valid and legal? I 2. The same for the race between Jason Burnett and Richard Pepe in 2012 for the mayor of Carmel By The Sea, what percentage of ballots were actually cast by the voter (write in) and which percentage was absentee (mail in)? Are absentee ballots valid and legal? 3. What are the resident requirements for voting? How long do they have to have live here before they can vote in an election? 4. In the last five (5) years, how many voters were/ are there in Carmel By The Sea? 5. Also, what does the ballot format consist of and if you could send me a copy of the format used in the races mentioned above, that would also be appreciated. The answers to these questions are extremely important and we would appreciate your time in answering them asap. Time is of the essence, thank you! Candace Cate ccate2012@yahoo.cmn ( 31.402.8103 1 Daryl Betancur - .. om: .nt: candace cate [candacercate2004@yahoo.com) Friday, January 31 I 2014 1 ooo AM To: Daryl Betancur Subject: Re: Voter registration information Helo Daryl, Thank you for your email. Time is of the essence and I appreciate you staying in touch with me. I do want to add to the resident requirements question #3, regarding voting rights: What percentage of those are mail in, and where did they get mailed from? Also, how long do they need to be a resident before they can actually mail in their ballots?? thank you, Candace Cate From: Daryl Betancur <dbetancur@ci.carmel.ca.us> To: candace cate <candacercate2004@yahoo.com> Cc: Jason Stilwell <jstilwell@ci.carmel ca.us> Sent: Thursday, January 30, 2014 2:08PM .... ubject: RE: Voter registration information M::. . Cate, Thank you for your email. I will consider this a Public R(-cords untler thl: California Public Request Act and 1 will respond within the timeframcs allowed under the Act. Please be mindful that because you arc asking for information that is not at my fingertips and which needs to be researched, I \\ill let you h.now ahead oft1me thai I wil l need an extension. I will be sending you a Iutter to that effect. Regards, Daryl A. Betancur, MPA Office f!( tlte City Admbzistrator City of Cannel- by-the-Sea P. 0 . Box CC Cannel, California 93921 Phone fax: 831-620-2004 From: candace cate [mailto:candacercate2004@yahoo.com] Sent: Thursday, January 30,2014 I :57 PM 1 To: Daryl Betancur Subject: Voter registration information _ . . ~ t y Clerk Carmel By The Sea ~ o whom it may concern: I had contacted the Voter Registrar in Salinas and was directed to you for the answering of the following questions: Please respond via email to the questions below at your earliest convenience: 1. In regards to the 201 0 race between Sue McCloud and Adam Moniz for the mayor of Carmel By The Sea, what percentage of ballots were actual1y cast by the voter (write in) and which percentage was absentee (mail in)? Are absentee ballots valid and legal? 2. The same for the race between Jason Burnett and Richard Pepe in 2012 for the mayor of Carmel By The Sea, what percentage of ballots were actually cast by the voter (write in) and which percentage was absentee (mail in)? Are absentee ballots valid and legal? 3. What are the resident requirements for voting? How long do they have to have live here before they can vote in an election? 4. In the last five (5) years, how many voters were/are there in Carmel By The Sea? I 5. Also, what does the ballot format consist of and if you could send me a copy of the format used in the races mentioned above, that would also be appreciated. The answers to these questions are extremely important and we would appreciate your time in answering them asap. Time is of the essence, thank you! Candace Cate ccate?O 1 2@yahoo.com 831.402.8103 2 City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 February 3, 2014 VIA ELECTRONIC MAIL to: ccate2012@yahoo.com Candace Cate E-mail: ccate2012@yahoo.com Re: Public Records Request File No. 2014-15 Elections Statistics Dear Ms. Cate: This letter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on January 30, 2014 (the "Records Request"), in which you seek the following records: 1. In regards to the 2010 race between Sue McCloud and Adam Moniz for the mayor of Carmel By The Sea, what percentage of ballots were actually cast by the voter (write in) and which percentage was absentee (mail in)? Are absentee ballots valid and legal? 2. The same for the race between Jason Burnett and Richard Pepe in 2012 for the mayor of Carmel By The Sea, what percentage of ballots were actually cast by the voter (write in) and which percentage was absentee (mail in)? Are absentee ballots valid and legal? 3. What are the resident requirements for voting? How long do they have to have live here before they can vote in an election? 4. In the last five (5) years, how ~ n y voters were/are there in Carmel By The Sea? 5. Also, what does the ballot format consist of and if you could send me a copy of the format used in the races mentioned above, that would also be appreciated This response is sent on my authority as City Administrator. With respect to items: 1. The City has determined that is has disclosable public records responsive to your request. Those records are now available for review. Please contact Daryl February 3, 2014 Page Two A. Betancur, Deputy City Clerk to schedule a time for you to pick up the currently available records. 2. The City has determined that is has disclosable public records responsive to your request. Those records are now available for review. Please contact Daryl A. Betancur, Deputy City Clerk to schedule a time for you to pick up the currently available records. 3. The requirements for voting in this election are: a) be 18 years of age and a registered voter of Carmel-by-the-Sea. The Deadline to register for this election is March 24. 4. This is a question you can contact the County Registrar/ Recorder/County Clerk. 5. Not sure what you mean by the ballot format. I will provide a sample of what I can f ind and provide it at the time you stop by to pick up your records. 6. Regarding addendum to question # 3 relative to break down of "what percentage of those are mail in", not sure I understand your question. If you are referring to vote-by-mail voters, that will require more extensive research. Regarding, "where did they get mailed from" not sure I understand what you are asking. Please be advised that the City will not release the records until it has received payment for the direct cost of duplication pursuant to California Government Code section 6253(b). The direct cost incurred by the City for duplication is $0.10 per page. The estimate direct cost for the currently available responsive records is $0.1 0. Please be prepared to provide a check made payable to the "City of Carmel-by-the-Sea" for the direct costs of duplication incurred by the City at the time you pick up the available records. Every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your requests, please notify the City and the City will be happy to search for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254 and/or other applicable privilege. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 831-620-2000. February 3, 2014 Page Three Very truly yours,
Jason Stilwell City Administrator CITY OF. CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2012-25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 10, 2012 WHEREAS, a General Municipal Election was held in the City of Carmelby-the-Sea, County of Monterey, State of California, in with the laws of the State, on Tuesday, the lOth day of April2012, to vote on the following as shown in Exhibit "A"; and WHEREAS, the returns from the two consolidated voting precincts, duly established for the holding of said election, have been canvassed pursuant to Section 15301 of the Elections Code, and said canvass certified to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEA DOES RESOLVE AS FOLLOWS: 1. That the City Clerk is hereby ordered to enter upon the records of this City a statement of the results of said Qeneral Municipal Election, which results are hereby declared to be set forth in Exhibit "B", hereto, to wit: JASON BURNETT, duly qualified and having received the highest number of votes cast for Mayor, and KEN TALMAGE and VICTORIA BEACH, duly qualified and having received the higheSt number of votes cast at said election for Council Members, hereby each deelared electtif'Mayor and :CounCit'Member, respective1y, O'fthis"City for the following terms: Jason Burnett Ken Talmage Victoria Beach Two-year Tenn Four-year Term Four-year Term PASSED AND ADOPTED BY THE CITY COUNCIL OF TiiE CITY OF CARMEL- BY-THE-SEA this 17th day of Apri12012 by the following roll call vote: A YES: COUNCIL MEMBERS: BURNETI; HAZDOVAC; SHARP; TALMAGE & McCLOUD NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SIGNED:
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SUE McCLOUD, MAYOR Attachment "A" CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 201161 J.\ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA CALLING THE APRIL 10,2012 GENERAL MUNICIPAL ELECTION FQR THE PURPOSE OF FllLING TWO SEATS ON T)lE CITY COUNCIT., AND THE MAYOR,S SE4T AND AUTHORIZE THE CITY TO REQUEST THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO RELEASE VOTER RECORDS WHEREAS, pursuant to 12000, et seq., Elections Code, the City o ~ c i l ofthe City of Carmel-by-the-Sea hereby calls an eJection to be held on April! 0, 2012 for the purpose of electing successorS to the terms of office which expire in April20 12; and NOW, THEREFORE, Tim CITY COUNCIL OF THE CITY OF CARMEL-BY- TI:IE-SEA DOES RESOLVE AS FOLLOWS: A. An election will be held within this City on April! 0, 2012 for the purpose of filling two seats on the City Council, each for terms offour (4) years, and the Mayor's seat for a term of two (2) yem. B. That pursuant to the provisions of 10002 of the Elections Code of the State of California; this Cizy Council requests the Board of Supervisors of the County of Menterey to permit the.CountyElection Departrnent.to .prepare.and furnish the following for use in conducting the election: 1.) The computer record of the names and addresses of all eligible registered voters in the City in order that the City's consultant may produce labels for vote-by-mail v9tcrs; produce labels for sample ballot pamphlets; and print rosters of voters and street indexes. 2.) Voter signature verification services, as needed. 3.) A list of polling places and poll workers the County uses for its elections. 4.) Make available to the City election equipment and assistance according to State law. C. Martin & Chapman, Co., as the elections consultant to the City, shall conduct the official canvass and report the results of said canvass to the City Council on the Tuesday following the election. D. The City Council of the City of Carmel-by-the-Sea shall meet on the first Tuesday following the eJection, April 17, 2012, and install the newly-elected Council Members and Mayor (10262 et seq., Elections Code). E. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upc)n presentation of a properly submitted bill. I' . f I I II Attachment "A" PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY TilE-SEA this first day of November 2011, by the following roll call vote; A)'J;S: COUNCIL MEMBERS: BURNE'IT; HAZDOVAC; SHARP; TALMAGE & McCLOUD COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SIGNED!
St$ MAYOR I I l I l I Exhibit "B" CITY CLERK'S CERTIFICATE OF CANVASS AND COMPLETION OF MANUAL TALLY I, Heidi Burch, City Clerk of the City of Cannel-by-the-Sea, do certify that I have canvassed the returns of the General Municipal Election held on April10, 2012, and fmd that the number of votes given at each precinct and the number of votes given in the City to persons voted for, and respective offices for which the person were candidates were as follows: Mayor: Richard J. Pepe Jason Burnett City Council: Robert Profeta Thomas Leverone Ken Talmage Victoria Beach 398 1,159 356 361 1,037 1,005 (25.6%) (74.4%) (12.9%) (13.1%) (37.6%) (36.4%) I also have conducted a manual tally of one precinct in accordance with Election Code Section 15360. The results ofthe tally are as follows: Candidate Richard J. Pepe Jason Burnett Robert Profeta Thomas Leverone Ken Tahnage Victoria Beach Dated: April17, 2012 Machine Tally 51 151 32 40 147 141 Manual Tally 51 151 32 40 147 141 CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2010-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA CERTIFYING THE RESULTS OF THE GENERAL MUNICIPAL ELECTION HELD ON APRIL 13,2010 WHEREAS, a General Municipal Election was held in the City of Cannel-by-the-Sea, County of Monterey, State of California, in accordance with the laws of the State, on Tuesday, the 13th day of April2010, to vote on the following as shown in Exhibit "A"; and WHEREAS, the returns from the two consolidated voting precincts, duly established for the holding of said election, have been canvassed pursuant to Section 15301 of the Elections Code, and said canvass certified to the City Council. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE- SEA DOES RESOLVE AS FOLLOWS: 1. That the City Clerk is hereby ordered to enter upon the records of this City a statement of the results of said General Municipal Election, which results are hereby declared to be set forth in Exhibit "B", attached hereto, to wit: SUSAN A. McCLOUD, duly qualified and having received the highest number of votes cast for Mayor, and JASON BURNETT and PAULA HAZDOVAC, duly qualified and having received the highest number of votes cast at said election for Council Members, hereby each declared elected Mayor and Council Member, respectively, of this City for the following terms: Susan A. McCloud Two-year Term Jason Burnett Four-year Term Paula Hazdovac Four-year Term PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL- BY-THE-SEA this 20th day of April 2010 by the following roll call vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: HAZDOVAC; ROSE; SHARP; TALMAGE & McCLOUD COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE SIGNED: 7 /J I ~ ~ / ~ C - ~ SUE McCLOUD, MAYOR Exhibit "A" CITY OF CARMEL-BY-THE-SEA CITY COUNCIL RESOLUTION 2009-87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA CALLING THE APRIL 13, 2010 GENERAL MUNICIFAL ELECTION FOR THE PURPOSE OF FlLLlNG TWO SEATS ON THE CITY COUNCIL AND THE MAYOR'S SEAT AND AUTHORIZE THE CITY TO REQUEST THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO RELEASE VOTER RECORDS WHEREAs, putsuant to 12000, et seq., Elections Code, the City Council of the City of hereby calls an election to be held on April13, 2010 for the purpose-of electing to the terms of office which expire in April20 1 0; and NOW, THEREFORE, THE CITY COUNCIL OF THB CITY OF CARMEL-BY- THE-SEA DOES RESOLVE AS FOLLOWS: A. An election will be held within this City on April 13,2010 for the pmpose of filling two seats on the City Council, each for terms of four ( 4) years, and the Mayor's seat for a term of two (2) years. B. That pursuant to the provisions of 10002 of the Elections Code of the State of tllls City Council requests the Board of Supervisors of the County of Montereytq permit the CotUJty Eiection Department to prepare and furnish the following for use iii conducting, the election: 1.) The computer record of the .Diliiles and addresses of all eligible registered voters m the City in order that the City's consultant may produce labels f6r vote-by-mail voters; prod.uce labels for sample ballot pamphlets; and print rosters of voters and street indexes. 2.) Voter signature verification services, as needed. 3.) Make available to the City election equipment and assistance according to State law. C. Martin & Chapman, Co., as the elections consultant to the City, shall conduct the official canvass and report the results of said canvass to the City Council on the Tuesday following the election. D. The City Council of the City of Carmel-by-the-Sea shall meet on the first Tuesday following the election, April 20, 2010, and install the newly-elected Council Members and Mayor ( 1 0262 et seq., Elections Code). E. The City Council authorizes the City Clerk to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill. PASSED AND ADOPTED BY TilE CITY COUNCJL OF THE CITY OF C.ARMEL-BY-THE-SEA this 3rd day ofNovember 9 ~ by the fullowing roll call vote: AYES: COUNCILMEMBERS: HAZDOVAC ROSE SHARP ' ' ' TALMAGE & McCLOUD NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE SIGNED: s: d .hcL,c - SUE McCLOUD, MAYOR Exhibit "B" CITY CLERK'S CERTIFICATE OF CANVASS AND COMPLETION OF MANUAL TALLY I, Heidi Burch, City Clerk of the City of Carmel-by-the-Sea, do certify that I have canvassed the returns of the General Municipal Election held on April13, 2010, and find that the number of votes given at each precinct and the number of votes given in the City to persons voted for, and respective offices for which the person were candidates were as follows: Mayor: Susan A. McCloud Adam Moniz City Council: Paula Hazdovac Jason Burnett Gerard A. Rose 847 (53.5%) 736 (46.4%) 696 (27.7%) 1,182 (47.1%) 628 (25.0%) I also have conducted a 1llanual tally of one precinct in accordance with Election Code Section 15360. The results of the tally are as follows: Candidate Sue McCloud Adam Moniz Pau1a Hazdovac Jason Burnett Gerard Rose Heidi Burch, City Clerk Dated: Apri120, 2010 Machine Tally 407 358 333 577 280 Manual Tally 407 358 333 577 280 PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-16
Information Requested: Copy of Claims filed by counsel on behalf of Mr. McInchak & Mr. Hanson
Daryl Betancur r:rom: .nt: 10: Subject: Jason Stilwell Friday, January 31, 2014 4:12PM Daryl Betancur; Jason Burnett RE: Document Request We'll process the document request --- --Original Message---- - From: Daryl Betancur Sent : Friday, January 31, 2014 4: 07 PM To : Jason Burnett Cc: Jason Stilwell Subject: RE: Document Request Mayor, "J 0 JIY--/6 We will respond accordingly! as you know, a number of other folks have asked for the same information previously. Thank you, Daryl From: Jason Burnett [jason@burnettforcarmel.com] Sent : Thursday, January 30, 2014 9:38 PM p: William Hood _c: Leanne Grahamj Daryl Betancurj Jason Stilwell Subject : Re: Document Request Mr. Hood, By way of this email I am copying the appropriate people who can help with your request. Thank you, Jason Jason K. Burnett 831. 238.0009 jason.burnett@gmail . com On Thu, Jan 30, 2014 at 7:52 PM, Wi lliam Hood <wshood37@vahoo . com<mailto:wshood37@yahoo.com>> wrote : Dear Mr. Burnett : In light of the fact that I am unable to access Mr. Stillwell via his email, and also given the fact that a city clerk has not yet been hired, I respectfully request, in accordance with the provisions of the California Public Records Act, a copy of the claims filed by counsel on behalf of Mr . Mcinchak and Mr. Hanson regarding their termination and/or change in employee >tatus pending an ongoing investigation. I I am willing to pay the actual cost of copying the number of pages involved and the postage for mailing the two documents to the following addressj 1 P.O. Box 21, Carmel 93921 but no other costs that might be claimed for labor involved in copying and mailing. T will anticipate a timely response . Thank you and best regards, William S. Hood, Jr. 2 February 7, 2014 City of Carmel-by-the-Sea POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000 VIA ELECTRONIC MAIL to: wshood37@yahoo.com William S. Hood P.O. Box 21, Carmel93921 E-mail; wshood37@yahoo.com Re; Public Records Request (City No. 2014-16) Dear Mr. Hood; This letter is in response to your emailed California Public Records Act request received by the City of Carmel-by-the-Sea ("City") on January 31, 2014 (the "Records Request"). This response is sent on my authority as City Administrator. The City has determined that is has disclosable public records responsive to your request. Those records are now available for review. Please contact Daryl Betancur to schedule a time for you to pick up the currently available records. Please be advised that the City will not release the records until it has received payment for the direct cost of duplication pursuant to California Government Code section 6253(b). The direct cost incurred by the City for duplication is $0.10 per page. The estimate direct cost for the currently available responsive records is $1.60. Please be prepared to provide a check made payable to the "City of Carmel-by-the-Sea" for the direct costs of duplication incurred by the City at the time you pick up the available records. Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, the City believes that its search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your requests, please notify the City and the City will be happy to search for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254 and/or other applicable privilege. If you are aware of any legal authority that would require disclosure of documents in addition to those provided, please advise the undersigned and the City will reconsider its position accordingly. Thank you for your attention to this matter. If you have questions about any of the foregoing responses, please contact me at 831-620-2000. Very truly yours, Jason ;<til c;:; City Administrator ,. < copv .CITY OF . BOX CC . CA 93921 ' . RECEIVED DEC I 7 2013 cAR.M:Ji2'Y OJ- B_Y. Tli-SEA . ... CLAIM FOR DAMAGES AGAINST THE CITY OF CARMEL-BY-THE-SEA Pursuant to Section 910 of the Government Code of California, the following claim for damages is submitted: 1. Name and mailing address of claimant: John Hanson c/o Law Offices of Michael W. Stamp 479 Pacific Street, Suite One, Monterey CA 93940 2. Mailing address to which c]ajrnant wishes notices sent: Same as above. Date, Place and circumstances of the occurrence or transaction giving rise to the claim: See attached, incorporated herein. 3. 4. If you are filing a claim for bodily injury, please provide the following: Date of Birth: on file with City; confidential Social Security Number: on file with City; confidential 5. General description of the indebtedness, obligation, injury, damage or loss incurred, so far as is known to claimant. See attached response to Item 3, above, and attached. 6. Amount claimed: A. Ifless than $10,000, state the amount B. Ifmore than $10,000, is it more :I '
t a. - - No: ---- Dated: December 17, 2013
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- IMPORTANT: CLAIM MUST BE SIGNED BY CLAIMANT OR BY SOME PERSON ON CLAIMANT' S BEHALF (GOVERNEMENT CODE SECTION 91 0.2) S Drive: Ci1y Hall/Datal FoTTnsiRisk Managemenr!Claim for Damages Jan.20 l 0 1 Michael W. Stamp, State Bar No. 72785 Mofly E. Erickson, State Bar No. 253198 2 LAW OFFICES OF MICHAEL W. STAMP 479 Pacific Street, Suite One 3 Monterey, California 93940 Telephone: (831) 373-1214 4 Facsimile: (831) 373-0242 5 Attorneys for Claimant, John Hanson 6 7 8 John Hanson, GOVERNMENT CLAIM Attachment to City Claim Form (Gov. Code, 910) 9 Claimant. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 TO THE CLERK AND CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA: John Hanson hereby makes a claim for damages against the City of Carmel-by- the-Sea, as follows: 1. NAME AND MAILING ADDRESS OF CLAIMANT: 2. 3. John Hanson c/o Law Offices of Michael W. Stamp 4 79 Pacific Street, Suite One Monterey, CA 93940 NOTICES: Notices concerning this claim should be sent to the following: John Hanson c/o Michael W. Stamp Law Offices of Michael W. Stamp 479 Pacific Street, Suite One Monterey, CA 93940 DATES, PLACE and CIRCUMSTANCES OF THE CLAIM: 24 Dates: The City terminated Mr. Hanson's employment on or about August 5, 2013 after a continuing course of action, and has continued to act to the 25 present to deprive Mr. Hanson of his rights. 26 27 28 Place: City of Carmel-by-the-Sea. Circumstances of the Claim: 1 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM 1 Claimant John Hanson has been employed continuously by the City of Carmel 2 by-the-Sea since October 16, 1988 (25 years). Mr. Hanson was first hired by the City in 3 1988 as Equipment Operator and over the years he was promoted several times. Mr. 4 Hanson has worked in the Building Department since 1997, and his previous titles were 5 Building Maintenance Specialist, and Building Inspector. In 2007, he became the City 6 Building Official. 7 Throughout his 25-year career with the City, Mr. Hanson performed his duties in 8 an exemplary manner and was frequently commended for the high quality and 9 professionalism of his work. Mr. Hanson always received positive reviews and was 10 never subject to criticism, reprimands or discipline. Since 2007 Mr. Hanson was also a 11 reseNe police officer with the City's Police Department. Additionally, Mr. Hanson has 12 been with the Army National Guard from August 1998 to August 2013, which 13 occasionally required periods of absence from City employment, including tours of duty 14 in the war zones of Iraq (2003-2005) and Afghanistan (2009-2010). 15 As of 2007, Mr. Hanson was a permanent public m p l o y ~ with the City's 16 Building Department, and held a Constitutionally-protected property interest in his 17 continued employment. In 2007, the City Administrator approached Mr. Hanson about 18 a City demand that Mr. Hanson give up his protected property rights and submit to a 19 written "employment agreement" drafted by the City. Mr. Hanson was not advised that 20 he was being required to relinquish his protected employment rights, that he was being 21 required to give up his due process rights, and that his legally-protected status with the 22 City was being effectively revoked. The "employment agreement" drafted by the City 23 was internally inconsistent and one-sided and advised Mr. Hanson that he had no 24 employment rights, while at the same time advising him that he was a contract 25 employee with rights specified in the written contract. The City did not advise Mr. 26 Hanson that he was giving up valuable employment rights at the City's insistence that 27 he do so. Mr. Hanson did not make a knowing and voluntary waiver of his property 28 rights, his rights by ordinance, his due process rights, and his right to a hearing on afl 2 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM 1 matters related to his employment with the City. At the same time, the City purported to 2 deprive Mr. Hanson of his rights to compensation for his losses. Mr. Hanson became 3 the City's Building Official in 2007, and the City repeatedly stated and ratified Mr. 4 Hanson's status as a permanent employee with the title of Building Official. 5 Beginning in March 2013, and leading to unlawful action taken against Mr. 6 Hanson in August 2013, the City undercut Mr. Hanson, interfered with his performance 7 of his duties, and misrepresented his work. The incidents giving rise to this claim show 8 a course of conduct whereby top City administration (Jason Stilwell and Susan Paul, 9 among others), interfered with Mr. Hanson's duties and Building Department 10 operations, sometimes without conferring with, or even informing Mr. Hanson, unduly 11 criticized Mr. Hanson about his job performance and qualifications, took contradictory 12 and inconsistent positions, discriminated against Mr. Hanson based on age, medical 13 condition/disability, and status as an active duty member of the military, and generally 14 created a hostile work environment for Mr. Hanson, leading to his termination without 15 any basis and without any due process given. 16 On August 5, 2013, Mr. Hanson was asked to come into the Carmel Police 17 station where he met the Police chief and City Administrator Jason Stilwell. Mr. Hanson 18 was informed that he was terminated immediately. Mr. Hanson inquired about his 19 severance package but got no response. The City subsequently stated that it would not 20 pay Mr. Hanson the severance called for by the written agreement that the City had 21 previously required Mr. Hanson to sign. City officials, including one or more elected 22 officials, then began an effort to vilify and discredit Mr. Hanson, describing him in ways 23 that the average listener knew his identity, and then declaring him unfrt for his 24 employment, all the while leaking confidential personnel information about Mr. Hanson, 25 or purporting to be about Mr. Hanson. 26 The actions of the City of CarmelbytheSea and its agents constitute a 27 continuing course of conduct in violation of California and United States Constitutions 28 and laws as follows: 3 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM 1 The City of Carmel-by-the-Sea violated Mr. Hanson's rights under the United 2 States Constitution, the California Constitution and California and Federal law, including 3 the City's own governing ordinance, by, among other things, placing and maintaining 4 Mr. Hanson on involuntary leave without good cause, failing to give notice to Mr. 5 Hanson prior to disciplinary or other action depriving Mr. Hanson of his employment and 6 impairing Mr. Hanson's property interest in his employment, failing to provide Mr. 7 Hanson with due process and an opportunity to be heard, preventing Mr. Hanson from 8 performing his job duties, and unlawfully and unfairly interrogating Mr. Hanson, all in 9 violation of Mr. Hanson's right to due process of law and his legal rights. 10 The City of Carmel-by-the-Sea's actions constituted wrongful termination of Mr. 11 Hanson in violation of California law. 12 The agents of the City of Camel also violated Mr. Hanson's rights concerning 13 privacy secured by the United States and California Constitutions, and by California and 14 Federal law, by disclosing confidential personnel information concerning Mr. Hanson to 15 City employees and the public, and in the other ways described above. 16 The agents of the City of Carmel-by-the-Sea defamed Mr. Hanson by publishing 17 to other employees, the general public and other persons false, unprivileged, 18 defamatory, and slanderous statements charging Mr. Hanson with misconduct and lack 19 of credentials and other statements which exposed Mr. Hanson to hatred, contempt, 20 ridicule or obloquy, causing him injury and tending to injure him in respect to his 21 profession and employment, and causing irreparable loss of his reputation in the 22 community. 23 The agents of the City of Carmel-by-the-Sea further violated Mr. Hanson's legal 24 and Constitutional rights by depriving Mr. Hanson of his property interest in his 25 employment by purporting to change his permanent status by requiring a contract which 26 is vague, ambiguous, incomplete and lacking consideration, by creating a stigma and 27 official branding of Mr. Hanson, and further by depriving Mr. Hanson of his liberty 28 4 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM 1 interest in his employment and profession by impugning Mr. Hanson's reputation and 2 his standing in the community, all in violation of his rights to due process of the law. 3 The actions of the City of Carmel-by-the-Sea resulted in an impairment of Mr. 4 Hanson's employment agreement in violation of his rights under the United States and 5 California Constitutions. In the alternative, the City breached the written contract with 6 Hanson by terminating him, forcing him out, and failing to deaf with Mr. Hanson in good 7 faith. 8 The City improperly and unlawfully denied in bad faith the existence of an 9 employment contract, and violated Mr. Hanson's contract by failing to pay amounts due 10 in violation of Mr. Hanson's Constitutional and legal rights. 11 The City improperly and unlawfully interfered with Mr. Hanson's prospective 12 economic benefit by acting to prevent Mr. Hanson's employment in other organizations 13 after his termination from the City. 14 The agents of the City of Carmel-by-the-Sea have intentionally inflicted 15 emotional distress upon Mr. Hanson by engaging in the conduct described above and 16 by deliberately spreading false statements that Mr. Hanson engaged in misconduct and 17 lacked credentials, causing him severe emotional distress, pain and irreparable loss of 18 reputation in the community. In so doing and by violating Mr. Hanson's Constitutional 19 rights, the City stepped out of its proper role as employer and the conduct fell outside of 20 the normal employment relationship. 21 The City of Carmel-by-the-Sea negligently inflicted emotional distress upon Mr. 22 Hanson by the conduct described above, causing him severe emotional distress, pain 23 and Joss of reputation in the community. 24 The agents of the City of Carmel-by-the-Sea unlawfully discriminated against Mr. 25 Hanson because of his age, in violation of the California Fair Employment and Housing 26 Act, Government Code section 12900 et seq. and the Older Americans Act. The 27 actions of the City to arbitrarily suspend or fire employees during the past year have a 28 disparate impact upon older workers, and the City's tactics were intended to, and did, 5 JOHN HANSON, ClAIMANT NOTICE OFGOVERNMENTCLAIM 1 abuse the processes of involuntary leave and summary terminations in order to scare 2 and intimidate employees of the City, prevent them from testifying about what they have 3 seen and learned, and force them from their employment for money-saving reasons 4 that cause harm to the employees. 5 The agents of the City unlawfully discriminated against Mr. Hanson due to his 6 medical-related disability and history (post-traumatic stress disorder), and failed to 7 accommodate his medical-related disability in violation of the California Fair 8 Employment and Housing Act, Government Code section 12900 et seq. and the 9 Americans with Disabilities Act. 10 The City Carmel-by-the-Sea unlawfully discriminated against Mr. Hanson 11 because of his employment with the military in violation of Military leave Jaws (Mil. & 12 Vet. Code, 389 et seq.) and the Uniformed Services Employment and Reemployment 13 Rights Act (USERRA). 14 The actions of the City of Cannel-by-the-Sea constitute retaliation against Mr. 15 Hanson in violation of the California Fair Employment and Housing Act, Government 16 Code section 12900 et seq. The City terminated Mr. Hanson's employment in 17 significant part as retaliation for Mr. Hanson's previous participation as a witness in a 18 sexual harassment lawsuit against the City, for Mr. Hanson's complaints to City 19 management of unlawful discrimination, and/or for being a prospective complainant or 20 witness about unlawful conduct. 21 The actions of the City of Carmel-by-the-Sea constitute retaliation against Mr. 22 Hanson for whistleblowing about the City's improper and discriminatory conduct. (Lab. 23 Code, 11 02.5.) 24 The actions of the City of Carmel-by-the-Sea constitute arbitrary and capricious 25 conduct within the meaning of California Government Code section 800, and intentional 26 unlawful conduct in violation of the California and federal law, and the California and 27 United States Constitutions. 28 6 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM 1 2 3 4 5 6 7 8 9 4. GENERAL DESCRIPTION OF DAMAGES, INJURIES, AND LOSSES INCURRED: Because of the unlawful, arbitrary, and capricious conduct described above, Mr. Hanson has sustained damages to his livelihood, his reputation, his professional career and his personal integrity and health in an amount greater ~ n that specified in California Government Code section 910, subdivision (f). Mr. Hanson's damages continue to accrue, and he will incur future damages in an amount not yet ascertained. Mr. Hanson further asserts that his claims fall within the exceptions to the required claims described in Government Code section 905, including those arising under Federal and California laws (including but not limited to Fair Employment and Housing Act claims) and under the ordinances of the City of Camel. 5. RESPONSIBLE OFFICIALS: Jason Stilwell, City Administrator, and other employees, agents, officers, and officials of the City of Carmel-by-the-Sea whose roles and actions are not fully known at this time. F. AMOUNT CLAIMED: 10 11 12 13 14 15 16 17 18 19 Jurisdiction of this claim is in the Superior Court of California for the County of Monterey. This claim would not be classified as a limited Civil Case. Claimant claims 20 21 22 23 24 25 26 27 28 attorney fees and costs incurred in bringing and prosecuting the claim, including any litigation arising out of the claim. Dated: December 17, 2013 Michael W. Stamp Molly E. Erickson LAW OFFICES OF MICHAEL W. STAMP Attorneys for Claimant, John Hanson 7 JOHN HANSON, ClAIMANT NOTICE OF GOVERNMENT CLAIM 1 2 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF MONTEREY 3 I am employed in the County of Monterey, State of California. I am over the age of 18, and not a party to the within action. My business address is 479 Pacific St., Suite 4 One, Monterey, California 93940. 5 On December 17, 2013, I served the foregoing document described as follows: 6 NOTICE OF GOVERNMENT CLAIM 7 with the filed petition attached, as follows: ( X ) by personal service on: 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Addressed as follows: City Clerk City of Carmel-by-the-Sea Monte Verde Street, between Ocean & Avenue Carmel-by-the-Sea, California Executed and delivered on December 17, 2013 at Monterey, California. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 8 JOHN HANSON, CLAIMANT NOTICE OF GOVERNMENT CLAIM CITY OF CARMEL-BY-THE-SEA BOX CC CARMEL-BY-THE-SEA, CA 93921 REC .,...,.,... T......,, bl v DEC 0 4 20t3 CLAIM FOR DAMAGES AGAINST THE CITY OF CARMEL-BY-THE-SEA Pursuant to Section 910 ofthe Govenunent Code ofCa1ifornia 1 the following claim for .4amages is submitted: 1. Name and mailing address of claimant: Steven Mcinchak 27590 Via Sereno Carmel, CA 93923 2. Mailing address to which claimant vnshes notices sent: Michelle A. Welsh; Stoner, Welsh & Schmidt 413 Forest Ave., Pacific Grove, CA 93950-4201 3. Place and circumstances of the occurrence or transaction gjving rise to the claim: See attached. incorporated herein 4. if you are filing a claim for bodily injury, please provide the following: Date ofBirth: 7/29/1951 Social Security Number: on file with City of Carmel 5. General description of the indebtedness, obligat:ion 1 injury, damage or loss incurred, so far as is known to claimant. See attached, incorporated herein 6. Amount claimed: A. Ifles,s than $10,000, state the B. Ifm9re than $10,000, is it more than $25,090 Yes:__..,_ __ No: ---- Dated: December 4, 2013 Signature: " IMPORTANT: CLAIM MUST BE SIGNED BY CLAIMANT OR BY SOME PERSON ON CLAIMANT'S BEHALF (GOVERNEMENT CODE SECTION 91 0.2) S Drive; City Fonns!Risk Management/Claim for Damages Jan.201 0 Michelle A. Welsh, State Bar No. 084127 STONER, WELSH & SCHMIDT 413 Forest A venue Pacific Grove, CA Telephone: (831) 373-1993 Attorneys for Claimant Steven Mclnchak, Claimant, v. ) ) ) ) ) ) City of Carmel )
. NOTICEOF GOVERNMENT CLAIM [Govt. Code 910] TO THE CLERK AND CITY COUNCIL OF THE CITY OF CARMEL: Steven Mcinchak hereby makes a claim for damages against the City of Cannel, as follows: A. Steven Mclnchak 27590 Via Sereno Carmel, CA 93923 B. NOTICES: Notices concerning this claim should be sent to the following: Michelle A. Welsh STONER, WELSH & SCHMIDT Attorneys at Law 413 Forest Avenue Pacific Grove, CA 93950-4201 C. DATES, PLACE and CIRCUMSTANCES OF THE CLAIM: Dates: June 5, 2013 and continuing to the present. Piace: City of Cannel. Government Claim, Page 1 of 5 Circumstances of the Claim: Claimant Steven Mcinchak has been employed continuously by the City of Carmel as its Information Systems Network Manager from July I, 1997 to the present. He is a management employee and. a member of the Management Employees Association. As such, he was offered a continuing contract of employment dated July I, 2005. As the Information Systems Network Manager for nearly 17 years, Claimant performed his duties under his job description, which remained unchanged during the entire course of his employment. In the course and scope of Claimant's job duties he managed the City's computer system's development and operations, he provided direct technical and administrative support of the computer system citywide, he resolved complaints and implemented corrective action as needed throughout the City's computer system, he served as Systems Supervisor for managing the computer system, including passwords, new user configurations and changes to accommodate individual and department needs, he provided 24 hour support for emergency services computer operations, and he drafted and implemented computer, email and Internet policies for the City of Carmel, among other duties listed in his job description and ass.igned by the City of Carmel. Claimant performed his duties in an exemplary manner. He received no prior criticisms, counseling or discipline during his employment with the City of Carmel. On June S, 2013, without notice or warning, Claimant was visited at his home by Administrative Services Director, Susan Paul, together with Mark Alcock, represented to be a forensic computer investigator retained by the City of Cannel, a Monterey County Sheriffs Deputy, the Cannel Police Chief and two officers of the Cannel Police Department, who served upon him a search warrant and proceeded to search his residence. Agents for the City of Carmel took possession of his home computer and multiple thumb drives and disks, which have not been returned. The City also took possession of a City-owned laptop computer which had multiple City users in the past. At that time Claimant was also given a notice by Ms. Paul that he was placed on paid administrative leave pending investigation of undisclosed charges. Prior to that time Claimant had no knowledge or notice of any such allegations, no Government Claim, Page 2 of 5 opportunity to respond to the allegations, and no hearing or other means to refute false, misrepresented and unsupported allegations. Claimant and his family were extremely distressed by the unannounced appearance at his home of the Administrative Services Director, Susan Paul, and by the actions of agents of the City of Carmel. Claimant has remained on administrative leave of absence from his employment with the City of Carmel since June 5, 2013 to the present, and he has been prevented from performing his job duties, retrieving personal property from his office or accessing his computer, his office computer or the City's laptop computer. Agents of the City of Carmel, including administrators and eJected officials, disclosed confidential personnel information concerning Claimant to news media, to reporters, to other employees and to the public, and made or caused to be published false and defamatory statements charging Claimant with criminal activity and other statements which injured Claimant and irreparably damaged his reputation in his profession, his employment, and his community. The actions of the City of Cannel and its agents constitute a continuing course of conduct in violation of California and United States Constitutions and laws as follows: First, the City of Carmel violated Claimant's rights under the United States Constitution, the California Constitution and under California and Federal Jaw, including its own governing Personnel System Ordinance, by, among other things, placing and maintaining Claimant on involuntary administrative leave without good cause, failing to give notice to Claimant prior to disciplinary or other action depriving Claimant of his employment and impairing Claimant's interest in his employment, failing to provide claimant an opportunity to be heard, and by preventing Claimant from performing his job duties, in violation of Claimant's right to due process oflaw. Second, agents of the City of Cannel violated Claimant's rights concerning privacy and searches secured by the United States and California Constitutions, and by California and Federal law, by entering Claimant's home without necessity, notice or consent and over Claimant's objection, constituting trespass, and by disclosing confidential personnel information o n ~ m i n g Claimant to news media, reporters, City employees and to the public. Government Claim, Page 3 of 5 Third, agents of the City of Carmel further violated Claimant's legal and Constitutional rights by, among other things, directing Claimant to attend and answer questions in an investigative interview, under threat of tennination for insubordination for failure to attend and a n ~ w e r after publicly stating that the City's investigation of alleged criminal conduct remains pending, in violation of Claimant's rights under the 5th Amendment to the United States Constitution and Article I section 15 of the California Constitution. Fourth, agents of the City of Cannel further violated Claimant's legal and Constitutional rights by depriving Claimant of his property interest in his employment by purporting to change his pef!Danent status by requiring a contract which is vague, ambiguous, incomplete and lacking consideration, by creating a stigma and official branding of claimant, and further by depriving Claimant of his liberty interest in his employment and profession by impugning Claimant's reputation and his standing in the community, all in violation ofhis rights to due process of the law. Fifth, the actions of the City of Cannel resulted in an impairment of Claimant's Employment Agreement in violation of his rights under the United States and California Constitutions. Sixth, agents of the City of Carmel defamed Claimant by publishing to news media reporters, other employees, the general public and other persons false, unprivileged and defamatory statements charging Claimant with a crime and other statements which exposed Claimant to hatred, contempt, ridicule or obloquy, causing him injury and tending to injure him in respect to his profession and employment, and causing irreparable loss ofhis reputation in the community. Seventh, agents of the City of Carmel have intentionally inflicted emotional distress upon Claimant by engaging in the outrageous conduct described above and by deliberately spreading false statements that Claimant engaged in misconduct or criminal activity, causing him severe emotional distress, pain and irreparable loss of reputation in the community. In so doing and by violating Claimant's Constitutional rights, said agents stepped out of their properroles as employer and their conduct fell outside of the normal employment relationship. Eighth, agents of the City of Carmel have negligently inflicted emotional distress upon Claimant by the conduct described above, qausing him severe emotional distress, pain and loss of reputation in the community. In so doing and by violating Claimant's Constitutional rights, said agents stepped out of their proper roles as employer and their conduct fell outside of the normal employment relationship. Government Claim, Page 4 of 5 Ninth, the City of Cannel breached Claimant's Employment Agreement by placing Claimant on involuntary administrative leave of absence on June 5, 2013 without cause or notice, by preventing Claimant from performing his job duties, and by depriving Claimant of his livelihood and his employment in violation of Claimant's Constitutional and legal rights. Tenth, agents ofthe City of Carmel discriminated against Claimant because ofhis age and . . against him in violation of the California Fair Employment and Housing Act, Government Code section 12900 et. Seq. Eleventh, the actions of the City of Carmel constitute arbitrary and capricious conduct within the meaning of California Government Code section 800, and intentional unlawful conduct in violation ofthe California and federal law, and the California and United States Constitutions. D. DAMAGES SUSTAINED: Because of the unlawful, arbitrary and capricious conduct described above, Claimant has sustained damages to his livelihood, his reputation, his professional career and his personal integrity and health in an amount greater than that specified in Califomia.Government Code section 910 (f). Claimant's damages continue to accrue, and he will incur future damages in an amount not yet ascertained. Claimant further asserts that his claims fall within the exceptions to the required claims described in Government Code section 905, including those arising under Feqeral and California laws and under the ordinances of the City of Carmel. E. RESPONSIBLE OFFICIALS: Jason Stilwell, Susan Paul, Jason Burnett and other agents of the City of Carmel whose identities are unknown at this time. F. COURT OF JURISDICTION: Jurisdiction of this claim is in the Superior Court of California for the County of Monterey. This claim would not be classified as a limited Civil Case. Dated: December 4, 2013 Respectfully Submitted STONER, WELSH & SCHMIDT MICHELLE A. WELSH Attorneys for Claimant Government Claim, Page 5 of 5 1 PROOF OF SERVICE BY HAND DELIVERY 2 3 I am a resident ofMonterey County, California; I am over the age of eighteen (18) 4 years and not a party to the entitled within action; my business address is STONER, WELSH 5 & SCHMIDT, 413 ForestA venue, Pacific Grove, California 93950. 6 On December 4, 2013, I personally served the within NOTICE OF 7 GOVERNMENT CLAIM on the following in the within action, by hand delivering a true 8 and correct copy of the aforesaid document(s) to at following address: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STONER, WELSH AND SCf!MIDT ATTORNEYS AT LAW City Clerk City of Carmel Monte Verde Street, between Ocean & 7 111 Avenue Cannel, California I declare under penalty of peijury according to the laws of the State of California that the foregoing is true and correct and was executed on December 4, 2013 at Pacific Grove, California. LINDA VICTORINO Nam, Case No. Proof of Service by Hand-Delivery, Page I of I PUBLIC RECORDS REQUEST LOG 2014
Request No. 2014-17
Information Requested: All documents noted on the agenda as "Under Separate Cover"
Daryl Betancur
int: 10: Cc: Subject: CITY CLERK'S OFFICE Paterson [SebViz2@sbcglobal.net) Friday, January 31, 2014 3:39PM Daryl Betancur SebViz2@sbcglobal. net Under Separate Cover Request & Agenda Item Correction Daryl A. Betancur, Deputy City Clerk: -copies of the following reports, City Council Agenda Items, February 4, 2014, "under separate cover" or link to AMENDED AGENDA l'ACKET. VII. Consent Calendar F. Receive Second Qua1ier Performance Report. (This item will be distributed under separate cover) P. Consider Appointments to Monterey Peninsula Regional Authority. (Report will be included under separate cover) VIII. Orders of Council A. Receive Water Update and Authorize Mayor to Send Letter of Support ftn Ratepayer Savings Legislation. {Repoti will be included under separate cover) I B. Receive l lpdatc on Drought w ... Readi11css Eftorts. ((Report will be included under separate cover) NOTE: AGENDA Regular Meeting Tuesday, February 4, 2014 4:30p.m., Open Session VIII. Orders of Council A. Receive Water Update and Authorize Mayor to Send Letter of Support t(n Ratepayer Savings Legislation. (Report will be included under separate cover) (Pg. 138) B. Receive Water Update and Authorize .1'v1ayor to Send Letter of Supp011 for Ratepayer Savings I ,cgislation. (Report will be included under separate cover) (Pg. 139) B should Read Similar to: Update on Drought Weather Readiness E11orts. (Report will be included under separate cover) 1 Daryl Betancur
'nt: 10: Cc: Subject: CITY CLERK' S OFFICE Paterson [SebViz2@sbcglobal.net] Friday, January 31, 2014 3:39 PM Daryl Betancur SebViz2@sbcglobal. net Under Separate Cover Request & Agenda Item Correction Daryl A. Betancur, Deputy City Clerk: E-copies of the foJiowing reports, City Council Agenda Items, February 4, 2014, under separate cover" or link to AMENDED AGF.NDA PACKI:T. VJI. Consent Calendar F. Reccivt:: Second Qumier Perfonnance Report. (This item will be distributed under separate cover) P. Consider Appointments to Monterey Peninsula Regional Water Authority. (Report will be included under separate cover) VIII. Orders of Council A. Receive Water and Authorize Mayor to Send Letter of Support for Ratepayer Savings 'Report will be included under separate cover) I B. Receive t 'pdatc on Drought \Vcathcr Rcadinc::.s Efforts. ( (Report will be included under separate cover) NOTE: AGENDA Regular Meeting Tuesday, february 4, 2014 4:30p.m., Open Session VIII. Orders of Council A. Receive Water Update and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation. (Report will be included under separate cover) (Pg. 138) B. Receive Water Update and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation. (Report will be included under separate cover) (Pg. 139) B should Read Similar to: )3. Receive Cpdate on Drought Weather Readiness Eiiorts. (Report will be included under separate cover) 1 Daryl Betancur -om: Daryl Betancur .nt: To: Monday, February 03, 2014 5:13PM Paterson Cc: Jason Stilwell ; Daryl Betancur Subject: RE: Under Separate Cover Request & Agenda Item Correction Ms. Paterson, All of these reports are now posted on the uploaded/updated agenda packet on line. I hereby consider this request completely satisfied. Regards, Daryl A. Betancur, CMC, MPA Office of the City Administrator City of Carmel-by-the-Sea P. 0. Box CC drmel, Californi a 93921 Phone 831-620-2000 Fax: 831-620-2004 From: Paterson [mailto:SebViz2@sbcglobal.net] Sent: Friday, January 31, 2014 3:39 PM To: Daryl Betancur Cc: SebViz2@sbcglobal.net Subject: Under Separate Cover Request & Agenda Item Correction CITY CLERK'S OFFICE Daryl A. Betancur, Deputy City Clerk: E-copits of tht foJlowing reports, City Council Agenda Hems, February 4, 2014, "under separate cover" or l.ink to AM.RNDED AGENDA J)ACKET. ) Vll. Consent Calendar 1 F. Receive Second Quarter Performance Report (This item wiJl be distributed under separate cover) P. Consider Appointments to Monterey Peninsula Regional Water Authority. (Report will be included under 0arate cover) VUI. Orders of Council A. Receive Water Update and Authorize Mayor to Send Letter of Support Jor Ratepayer Savings Legislation. (Rcpmi will be included under separate cover) B. Receive Update 011 Drought Weather Readiness Efforts. ( (Rcpmt v .. ill b'-! included under separate cover) NOTE: AGENDA Regular Meeting Tuesday, Fl'bruary 4, 2014 4:30p.m., Open Session Vlll. Orders of Council A. Receive Water Update and Authorize Mayor to Send Letter of Support jor Ratepayer Savings Legislation. (Report \vill be included under separate cover) (Pg. 138) _;_ Receive Water Updatl' and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation. (Report be includt:d under separate cover) (Pg. 139) B should Read Similar to: J3. Receive Update on \\leather Readiness Emlrts. (Report will be included under separate cover) 2