Pra Log January 2014

PUBLIC RECORDS REQUEST LOG 2014
Page 1 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
2014-1 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.
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
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
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
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
Pine Cone
Are you satisfied that Lucas
Austin is a legitimate city
council candidate
media Inquiry. City
Administrator Stilwell
responded
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
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.
Pine Cone
Check Register Questions Media Inquiry
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.
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
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.
Pine Cone
new PRA policy Media Inquiry
Pine Cone
Deanna Allen's job title, job
description and salary
Pine Cone
copy of appeal form
submitted by Mr. Shield
Media Inquiry

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
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
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

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
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
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:
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
Sunday, January 05, 2014 3:37PM
Daryl Betancur
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:
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:
Stilwell 0
manuals t o comply with the Ongoing
Betancuro
Train staff on implementing the Stilwell 0
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.
5-r > J I.M-< d
c J I;;

, ..2 5". M
fl Y.'Y' IV
/-J t/ NI/IJI Jl'/.}
_,.
editing and reviewing a written notice;
pbtaining approval and signature; and
or transmitting the notice to the
equestor)
when a request is denied - MAY INCLUDE
RESEARCH AND REVIEW
obtain a copy of a public record. {Identify
;nformation technology and physical
:>cation in which the records exist;
Total Time Spent:
'""
...
ak & company 11/12/2013

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
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:
Stilwell
0
Betancuro
Stilwell 0
include roster
Betancuro
REIMBURSABLE ACTIVITIES ONGOING COSTS:
Activities
Name(s)
Department Position
Average
Minutes
!3
t=
1
/J/v"L vrL-
C-J'1'7
J':)t.ptlT/
_2 u '(v(J )-J
Assigns file No.
C 1---Ft/ IC:
10 days of record request, provide
s--rJ
ay c.L?-
lf 0 /It{ jl
f./erbal or written notice to the requestor
/)1/ J'1) Jt1 ,A;'.:) tn i 1-J
editing and reviewing a written notice;
equestor)
when a request is denied- MAY INCLUDE
RESEARCH AND REVIEW
information technology and physical
):>cation in which the records exist;
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
(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
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
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 _
,,
..
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

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.
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
(831) 274-8660
marv@carmelpinecone. com
2

Request No. 2014-5

Information Requested: Policy on memorial benches

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
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

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
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
P.O. Box 271
Monterey, CA 93942
E-mail: vhennessey@montereyherald.com
Re: Public Records Request
Dear Ms. Hennessey:
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.
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
P. 0 . BoxCC
Carmel, California 93921
Phone 83 1 -620-2000
Fax: 831-620-2004
1
POST OFFI CE BOX CC
(831) 620-2000
February 3, 2014
VIA ELECTRONIC MAIL to: vhennessey@montereyherald.com
Virginia Hennessey
P.O. Box 271
Monterey, CA 93942
E-mail: vhennessey@montereyherald .com
Re: Public Records Request File No. 2014-6
Dear Ms. Hennessey:
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.
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@

Request No. 2014-7

Information Requested: Inspector's daily logs- Start of work through March 1,
2013 Various Street Improvements

January 21, 2014
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
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:
Develop policies, procedures and Stilwell
0
Betancuro
Stilwell 0
include roster
- Betancuro
ONe..:..." ...
Activities
Name(s)
Department Position
Average
Minutes
13 C/,1/t-

lfo/JUfr tJD

Assigns file No.
) requested - format is one used by the
13 /1"--l- vrt.-

I htL-

the determination and reasons
the determination (includes drafting,
and reviewing a written notice;
equestor)
when a request Is denied- MAY INCLUDE
legal review of the written language In the
RESEARCH AND REVIEW
jnformation technology and physical
'.:>cation In which the records exist;
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

Request No. 2014-8

Information Requested: Benefit information for city employees

Daryl Betancur
~ r o m
mt:
l'o:
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
(831) 274-866e
mary@carmelpinecone . com
1
POST OFFICE BOX CC
(831) 6202000
January 24, 2014
VIA ELECTRONIC MAIL to: mary@carmelpinecone.com
(831) 274-8660
E-mail : mary@carmelpinecone.com
Dear Ms. Schley:
Records Act request on January 15, 2014 (the "Records Request"). This response is sent
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.
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
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAll to: mary@carmelpinecone.com
(831) 274-8660
E-mail: mary@carmelpinecone.com
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.
quite thorough. However, ifyou have knowledge of a specific document which has not been
for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure
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

16.06),61

91,4112.00
17..,096.00
... J!'I.OO
.nsoo
!11,46400
1Ql,l92pl
91.464.00
99, 'HI.OO
M,ltUO
IJ.'IS2o!IO
IS,SU.OO
!10,00000
u.a.o.oo
77,58000
77,U4,00
"fi'OOO
.,_
77,604.00
71,116.00 .. _
410, IM,OO
apz.oo
'PWIO
5l,.304,00
s..ua.oo
"z-
",lA<LIIO
11.314.00
"604,00
$cl;tM.DO

St;lMOO
";Zo14.00
";314.00

5!,604.00
5!.-
Sl,OZA.OO
Sl,f04,00
J7,100.CO

5 OlUO
1.600.00
1.ns.oo
3,707.82
as
81-Antual
(NoP'ERS)
2, 71U O
815.31
CP FL IN lP
C. I FlSA lrtt ntNe lonpWty
AUowanu OYt rtfme P.-, PlY
600.00
1,399,03
1,3.17.52
1.540.26
1,811.98
2.400.00 2,400.00
2,400.00
2,400.00
2,<100.00 1,200.00
2.<100.00
2.400,00
2.400.00 uoo.oo
2,400.00
2.400.00
2_400.00
2,400.00
2,<100.00
2,400.00 1, 200.00
2,400,00
2,<100.00
1,020.00
2.400.00
2,400.00
2,<100,00
2,400.00
2,<100.00
2,400.00
2.100.00
00
Mt<llaol
O,.t OVt
3.492.00
OT
38,910.59
32,837.74
33,374.51
16,160.53
669.20
R1 1\0
llltt endon Attto Pey
lncanthoc Overtime
5,000.00 1, 212.14
5,000,00 621.14
RP RQ SC TO UA WC/W1
Rttro RSA- Adtns Tnfflc Off Unlfonn Acttn1
Pay Hot PElS ShlftCmdr Sttpend AJiov,.nct Watc:h Cmdr
1,807.69
1,625.32 900.00
2,108.93
1,7&5,97
627.42
0.01
4,940. 12
4,6J4.64
900.00
900.00
900.00
164.00
1S,G7S.23 5,000.00 212.00 1,994.21 5.508.48
16,937.82
14,797,09
9,758.&5
18,211.79
03.10 12,102.71
10,621.18
7,232.59
285.53 12,787.68
873.00
12,865.35
4,466,90
Sl9.70
1,718.50
153.89 4,962.66
216.30 7,96o.63
146.40 3,492.00 3,096. 36
30.01
3,492.00
4,200.00
1,282.50
66,04 1,204.56
2,037.00
708.90
514.08
85.62
40.91
657.65
154.74
1,141.58
12,332.94
350.88
128.32 117.00
0.01
362.00
0.01
0.01
1.178.00
317.43
0.01
O.Dl
0.01
0.01
0.01
158,4()
122.40
3,300.00
264.00
900,00
900.00
900.00
900,00
900.00
900.00
904.17
900.00
900,00
164.00
787.50
165.00
900.00
900.00
164.00
264.00
487.50
900.00
164.00
532.02
150,00
37.50
264.00
900.00
264.00
264,00
264.00
900.00
4,625.&5
815.40
477,42
75.96
1,700. 28
WK
Wrlu
COmo
10,771.24
8.738.12
3,045.11
104.40
Xl
x ...
PayCodt
Toal
hmln1
191,397.07
161.932.74
1S7,217.3Z
150,200.11
141,405.00
132,620.91
131.207.12
tli.37U3
tl6,146.Sl
lll#U6.SJ
120,360.62
115,6Z001
115,393.79
114)171,88
11' ,927.67
109,A9Ul
108,688.09

10},735.61
102,n5.11
101,892.00
100,07129
tt,761.00
98,165.1?
H ,340.03
t2,671,91
90,000,1
87,Ul.OO
t2,Z83.70
82,099.93
81.,9410.01
781631.17
77, 769.00
75.21601
73,300.93
71,S4UI
71.232.01
71,132.00
68,196 01
11,106i-11
61,190.50
53,108.1
62,881 51
11.79UO
61,344.00
61,176.90
410,410.10
410.260.00
59,599.02
59,401.50
51,992.00
5&,961.01
57,616.91
56,925 6S
24. 10 56,"' 14
SS,MLOO
54,129.51
54,419.l1
54,)32.94
\J14Z4.00
00
Cemlus-Post, Shndra
Patrkb
C.rnpbell_. Junette
Stotz, K.are"
-
Aubuchon, Anna Q ,SJZAO
Gimetii,Renu ... , ... 00
AIMO, Kathtn tt At,S4UIO
loCMt. Carolina 43,1141JIO
P"rce, Stf't)hanle .1.K4.00
ca. rona, Mrtha la -J)O
Ramrn.r, Mlodte . IIJM.OO
Zolllncer, Ruth UM<OO
Holt, Cele ne .Q;9A.OO
R,...,, Julio 40.15Z.OO
Pokus. Wtntn l1,100JIO
Ra11ttt, VIctoria zt_-.00
bach, Vlctorta 1.100.00
Hlttyard, Stcv" LIOOOO
Talmage, Kenneth 1.10!1.00
Thtls, Cirrle 1,100.00

15,957.82 3,529.71
2,100.00
1.800.00
1,600.00
1.020.00
2,-400.00
1,020.00
600.00 4,276.86 67,681.98 6,000.00 961.27 17,586.00 293,671.09 15,000.00
76.98
2,173.61 13,01L91 15,083.24 280.80 3,300.00 21,003.79 7,694.91 22,651.88
5),12" 00
5%.82"00
51,624.00
50,561.00
501001.91
49, 764.00
.. .s ... oo
.,, ... 00
41,H4.00
41,96'-00
.1,964..00
4U64.00
4l.t64.00
.00, 752.00
37,100.00
25,000.00
LIOOJIO
1,100.DO
1,100.00
1,100.00
24.10 6.170,6o;2.70

Request No. 2014-9

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
+-----------------------------------------------------------------------------+

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

-- ) --- ---- --- -------
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
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
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.
foregoing responses, please contact me at 8316202000.
Very ;<(ours,
7
Jason Stilwell
City Administrator
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: nshapiro@nshapiro.com
Neil L. Shapiro
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
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
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
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
------- - - - ----- - - ---- ------....---... -- - -- - ..
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
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
=========:::::::
- - -- .. ---------- ---- ------- - --
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
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
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
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
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
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
December 17, 2013
File No: 102910-0002
Invoice: 285070-0002
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
File No: 102910-0002
Invoice: 285070-0002
December 17, 2013
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
File No: 102910-0002
Invoice: 285070-0002
11/20/13 DCP
11/20/13 DCP
and
Paul
December 17, 2013
.70 276.50
2.40 948.00
. 30 118.50
.60 174.00
-
319.00
. 60 237 . 00
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
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
File No: 102910-0002
Invoice: 285070-0002
December 17, 2013
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
Monterey, CA 93940
Telephone: (831) 372-3700
February 7, 2014
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
Monterey, CA 93940
Telephone: (831) 372-3700
February 11, 2014
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

Request No. 2014-11

Information Requested: Lucas Austin Investigation

i
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
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,
P. 0. Box CC
Phone 831-620- 2000
Fax: 831- 620- 2004
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

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,
P. 0. Box CC
~ 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

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>
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

Request No. 2014-14

Information Requested: Copies of Mr. Austin's forms 501, 700 & 410

, I
City of carmel-by-the-Sea
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!
>
>
>
>
>
>
>
> 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
/> Office of the City Administrator
>> City of Carmel-by-the-Sea
P . 0. Box CC
1
2-Uil/ -/Lf

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
POST OFFICE BOX CC
(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:
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.
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
ABSENT: COUNCIL MEMBERS: NONE
SIGNED:

.

SUE McCLOUD, MAYOR
Attachment "A"
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
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 COUNCIL
RESOLUTION 2010-34
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
SIGNED:
7 /J I
~ ~ / ~ C - ~
SUE McCLOUD, MAYOR
Exhibit "A"
CITY COUNCIL
RESOLUTION 2009-87
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
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

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
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
POST OFFICE BOX CC
(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.
quite thorough. However, if you have knowledge of a specific document which has not been
for and, if found, provide the document(s) to you unless, of course, it is exempt from disclosure
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

-

-
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
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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
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
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
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
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.
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
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Addressed as follows:
City Clerk
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
BOX CC
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
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
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.
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.
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.
Respectfully Submitted
MICHELLE A. WELSH
Attorneys for Claimant
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
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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

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)
Daryl Betancur
Under Separate Cover Request & Agenda Item Correction
-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
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.
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
Friday, January 31, 2014 3:39 PM
Daryl Betancur
Under Separate Cover Request & Agenda Item Correction
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)
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
A. Receive Water Update and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation.
B. Receive Water Update and Authorize Mayor to Send Letter of Support for Ratepayer Savings Legislation.
)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,
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
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
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)
J3. Receive Update on \\leather Readiness Emlrts. (Report will be included under separate cover)
2

Pra Log January 2014

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Pra Log January 2014

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PUBLIC RECORDS REQUEST LOG 2014

Page 1 Current as of 10/17/2014 Time: 9:24 AM

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