Pra Log July 2014

PUBLIC RECORDS REQUEST LOG 2014
Page 8 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
2014-074 6/26/14 07/06/14 n/a Complete 7/1/2014 Tonja Posey Need to know what your
top pay step is for a Police
Officer
2014-075 6/26/14 07/06/14 n/a Complete 6/26/2014 Stephen
Moore
For Farmers Market
Guidelines and Contract
2014-076 6/27/14 07/16/14 Extension
7/16/2014
Complete 7/16/2014 Candice
Wisaksono
collecting building permit
information on a weeklu or
monthlyu basis
2014-077 6/26/14 07/06/14 n/a Complete 7/3/2014 Anthony
Lombardo
Can you send me the
approved plan set and the
elevation measurement for
the existing construction?
2014-078 6/30/14 07/10/14 n/a Complete 7/10/2014 Chris Mack Bath bid Scienic
Restrooms, breakdown on
prevailing wage schedule
of constrution
2014-079 7/1/14 07/11/14 n/a Complete 7/8/2014 Robert Fellner A copy of the CBTC
Employee Compensation
Report for Calender yr.
2013
2014-080 7/1/14 07/11/14 n/a Complete Mary Schley requesting copies of prior
appraisals
Request of documents is
withdrawn and request if
pending docs is noted.
2014-081 7/2/14 07/07/14 Complete 7/7/2014 Brynn Wittaker Would like to know the
procedures for temporary
rentals.
Spoke to her over the
phone and answered her
questions.
2014-082 7/2/14 07/11/14 n/a Complete 7/3/2014 Richard
Calhoun
Review a copy of the
Police or Sheriff Depart.
Patrol duty manual policy
on elder Abuse
2014-083 7/8/14 07/18/14 n/a Complete 7/17/2014 Richard Hopp Requesting information
regarding the California
Senate Bill
2014-084 7/10/14 07/18/14 Extension
8/1/14Exten
sion
8/15/14
Complete 8/7/2014 Neil Shapiro Responses if any to each
of the requests referenced
in 1)and 3) records
reflecting the amount of
legal fees incurred by the
City.
2014-085 7/11/14 07/21/14 Complete 8/4/2014 Vanessa
Cintron
FOI Request for all
business occupational and
sales tax licenses with EIN
2014-086 7/11/14 07/21/14 n/a Complete 7/21/2014 Chris Mack for the entire file for the
new public bathrooms
located at Santa Lucia and
Senic at the Beach
Page 9 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
2014-087 7/18/14 07/28/14 n/a Complete 7/28/2014 Steve Morton Would like a copy of every
position with salary ranges
2014-088 7/25/14 08/04/14 8/14 Complete 8/7/2014 Mary Schley Please provide letters of
engagement and any other
sort of contract related
documents that might exist
for EXTTI
2014-089 7/25/14 08/04/14 n/a Complete 8/5/2014 Mary Schley Provide copies of all
documents, letters,
emails,and other
correspondence related to
the investigation , including
invoices from outside
attorneys, investigators and
other consultants related to
McInchak Case
2014-090 7/28/14 08/07/14 Extension
8/20/14
Complete 8/14/2014 Mary Schley Please forward copies of
any complaints filed by the
DFEH and any other state
and federal agencies since
1/1/14
2014-091 7/30/14 08/08/14 na Complete 8/8/2014 Sanford J ossen See original request
2014-092 7/29/14 08/08/14 n/a CLOSEDVOI
D
Mary Schley a potential court order per Leanne and Don this
is not considered a PRA
request. 2014-092 is
VOID
2014-093 8/1/14 08/11/14 Extension
8/22/14
Complete Leyne Milstien work email address of your
agencies active PERS
members,
2014-094 8/6/14 08/15/14 Complete 8/13/2014 Chris Mack continuation of previous
request
2014-095 8/10/14 08/20/14 N/A Complete 8/12/2014 Ross Anderson Vertex INC. a tax softwate
developer that specializes
in indirect taxes, is
researching lodging taxes.
A copy of the return forms
for the transient occupancy
tax and the hotel business
improvement district
assesment.
2014-096 8/10/14 08/20/14 N/A Complete 8/12/2014 Tim Sloat Resolution adopting a
platoon
2014-097 8/18/14 08/28/14 n/a Complete 8/27/2014 J im Dougherty resolution for mail service
2014-098 8/13/14 08/22/14 8/21 Complete Chris Mack Several different request,
email attached. email sent
to Sharon

Request No. 2014-79

Information Requested: A copy of the CBTC Employee Compensation Report for
Calendar yr. 2013

City of Carmel-by-the-Sea
Public Records Request
City Clerk Department
Due Date: 7 J i I } Jt.j
(Office Use Only)' '
File No. :.2[[JfL{- fY7q'
(Offi ce 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 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: ---------
Attach receipt of original request and invoice if applicable
City of Carmel-by-the-Sea OFFICE USE ONLY
Complet ed by: ___ _
Total Coast
CALIFORNIA PUBLIC RECORDS ACT
(Program 353)
PRA Noc20 14'-D7q I Date: '7/ I J 1t.f
AGENCY
REIMBURSABLE ACTIVITIES- ONE TIME COSTS
Activities Name/Department Title Time Spent Other
Develop policies, procedures and
manuals to comply with the On Stilwell
0
going Reimbursable Activities
Raynor
0
listed below
Train staff on implementing t he
On-going Reimbursable Activities Sti lwell
0
listed below (one-t ime per
Raynor
0
employee)- include roster
REIMBURSABLE ACTIVITIES- ON-GOING COSTS
Receives, records, and routes to

e,q-

appropriate department for
{/
I
processing. Assigns file No.
Provides a copy of a disclosable
electronic record in the
electronic format requested -
format is one used by the agency
to create copies for own use
Within 10 days of record
request, provide verbal or
written notice t o the requestor
disclosing the determination and
reasons for the determination
(includes drafting, editing and
reviewing a written notices;
obtai ning approval and
signat ure; and sendi ng or
transmitting the notice to the
requestor)
Provi de written notice to the
requestor when the disclosure
determination is extended due
to " unusual circumstances" as
defined by GC Section 6253
(c)(l)-(4), setting forth the
reasons of the extension and the
date on which a determination is
expected to be dispatched.
Provide written notice to t he
requestor when a request is
denied- MAY INCLUDE legal
review of t he written language in
the notice- DOES NOT INCLUDE
LEGAL RESEARCH AND REVIEW
Assist a member of t he public
who request to inspect a publi c
record or obtain a copy of a
publ ic record. (identify records
and information pertaining to
request; describe t he
information technology and
physical location in which the
records exist ; provide
suggestions for overcoming any
practical basis for denying access
to the records or information
sought)
Total Time Spent:
Yvette Oblander
From: Catherine Raynor
Sent:
To:
Tuesday, July 01 , 2014 11 :54 AM
Yvette Oblander
Subject: FW: Public Records Request for Carmel's 2013 Employee Compensation Report
Yvette:
Add to the PRA log and send it to Susan letting her know what the due date is.
Catherine
Catherine A. Raynor, MMC
City Clerk
craynor@ci .carmel .ca.us
P.O. Box CC
Carmel-by-the-Sea, CA 93921
phone: (831) 620-2007
fax: (831) 620-2004
ecmm
t ',j!l!JQG!jMRI
From: Robert Fellner [ mailto:records@transparentcalifornia.com]
Sent: Tuesday, July 01, 2014 11:19 AM
To: Catherine Raynor
Subject: Fw: Public Records Request for Carmel's 2013 Employee Compensation Report
Please see the below request .
Thank you.
Sincerely,
Robert Fellner
Project Manager, Transparent California
7130 Placid St. Las Vegas, NV 89119
Phone: 702.222.0642 F: 702.227.0927
E-Mail : Records@TransparentCalifornia.com
From: Robert Fellner
Sent: Tuesday, July 1, 2014 11:06 AM
To: Jason Sti lwell
Cc: Daryl Betancur
Subject: Public Records Request for Carmel's 2013 Employee Compensation Report
Good Morning,
I am requesting a copy of the City of Carmel's Employee Compensation Report for calendar year 2013 under
the provisions of California's Govt. Code 6250 - 6270, the California Public Records Act.
1
Please provide the requested materials or, per 6253(c), a timeline along which they will be made available
by, no later than ten days from the date of this request.
Per 6253.9(a), we ask that you provide the records in an Excel spreadsheet format .
In an effort to standardize how this information is reported we are seeking the same categories of employee
compensation that are found in the State Controller's Report. At a minimum, please include the following
categories in your response:
Employee Name
Position/Job Title
Full-Time or Part-Time Employment Status
Total Regular Pay
Overtime Pay
Other Pay (any additional forms of pay that are Medicare taxable and not reported in Base Pay)
Cost of Any Benefits (Retirement Contribution, Health Benefits, Insurance, etc.)
Please be advised that our request can not be satisfied by producing a copy of the published State Controller's
Office (SCO) report, as that report lacks employee names. Our request is for a copy of the working report, or
any other combination of records, that contains the compensation data found on the SCO report alongside
employee names.
Your jurisdiction's information will become part ofthe TransparentCalifornia.com website, which is provided
to the public as a free service. The website is also intended to be a resource for public sector administrators,
allowing easy comparisons across jurisdictions within the state for labor and other costs.
Please feel free to contact me with any questions that you might have.
Thank you.
Sincerely,
Robert Fellner
7130 Placid St . Las Vegas, NV 89119
Phone: 702.222.0642 F: 702.227.0927
E-Mail: Records@TransparentCalifornia.com
2
POST OFFICE BOX CC
CARMEL-BY-THE-SEA, CA 93921
(831) 620-2000
J uly 8, 2014

VIA ELECTRONIC MAIL to: recordstransperantcalifornia.com

Mr. Robert Fellner

Re: Response to Public Records Request (No. 2014-079)

Dear Ms. Fellner:
The City of Carmel-By-The-Sea (City) received your emailed California Public
Records Act request on J uly 1, 2014 (Records Request). This response is sent on my
authority as City Clerk.
In accordance with the requirements of the California Public Records Act
(CPRA), the City has determined that your Records Request seeks disclosable public
records and will make these records promptly available. Attached to this email is an
electronic copy of responsive non-exempt records. Please be advised that in the event the
City has redacted certain responsive records pursuant to the CPRA exemptions they are
listed on the accompanying redaction log.
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 records in addition to those identified above, please advise the undersigned
and the City will reconsider its position accordingly.
Thank you for your attention to this matter. If you have questions about the
foregoing response, please contact me at 831-620-2000.

Very truly yours,

Catherine A. Raynor
City Clerk


Request No. 2014-80

Information Requested: requesting copies of prior appraisals

Due Date: File
(Office Use Only) (Office Use Only)
Date of Request: _7 __ /....:.. ;....:. j_J_tf..._____ Requested By:
Company: __ ....... "--""""-'-....... fJ_&;;....:. 1u-J """-=-----'C ....... "Pu-J :..:.,__;;...__ ________ _
Address: _________________________________________________________________ _
Phone, Fax, Email: tlJ ru:J (I
Info Requested (be specific): a.A;f:
Date Desired: __________________________________ _
(City has 10 days to determine whether the request in whole or inpart is a disclosable public record pursuant to GCS 62S3(C).
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:----------
Completed by: ___ _
Total Coast
(Program 353)
PRA Noi2fJ_J/.f,f'Jfd) I Date:
7/t /14
AGENCY
manuals to comply with the On- Stilwell
0
Raynor
0
listed below
Train staff on implementing the
On-going Reimbursable Activities Stilwell
0
l isted below (one-time per
Raynor
0
Activities Name/Department Title Time SpenJ Other
~ ~ I cut!7UAl /
15/}-
I tJ /lJ1Mt_)
(/
,
written notice to the requestor
disclosing the determinat ion and
obtaining approval and
signature; and sending or
requestor)
Provide written notice to the
to "unusual circumstances" as
(c)( l)-(4), setting forth the
date on which a determination i s
review of the written language in
Assist a member of the public
who request to inspect a publi c
public record. (identify records
and i nformation pertaining to
request; describe the
records exist; provide
practica I basis for denying access
sought)
Total Time Spent:
Yvette Oblander
From:
Sent:
To:
Subject:
Jason Stilwell
Tuesday, July 01 , 2014 7:41 PM
Yvette Oblander; Catherine Raynor
PRA
Mary Schley is requesting copies of prior art appraisals. I'm not sure who has the records. Catherine or Janet would be
my guess
Jason Stilwell
City Administrator
831-620-2000
1

Request No. 2014-81

Information Requested: Would like to know the procedures for temporary rentals.

Due Date: 7/1 C2/lf File No.: 4t=f;<(}fL{ /F /
(Office Use Only) (Office Use Only)
Date of Request: 7/ fJ (l!f
i
Requested ltJ
Company: __ k._..:: 6'--' 8:;._i_J __
Address: __________________________________________________________________ __
Info Requested {be specific): t.f!AzeJ i;g -t;!u.J
pLtlf!te{L?ik
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).
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: ------------------
Completed by: ___ _
Total Coast
(Program 353)
PRA No;.%}/L/ #t'YJ I
Date:
7 1.:;/J'/
AGENCY
Devel op policies, procedures and
manuals t o comply wi th the On- Stilwell
0
Raynor
0
list ed below
On-going Reimbursable Activities St ilwell
0
listed below (one-time per
Raynor
0
Activities Name/Depprtment Title Time Spent Other
tJW;ttvJ

appropriat e department for
()
I
electronic format requested-
to create copi es for own use
reasons for t he determination
(includes drafting, edi t ing and
transmitting t he notice to the
requestor)
Provide written noti ce t o t he
t o " unusual circumstances" as
reasons of t he extension and the
deni ed - MAY INCLUDE legal
review of the written language i n
the not ice - DOES NOT INCLUDE
who request to inspect a public
public record. (identify records
and information pertaining t o
informat ion technology and
sought)
Total Time Spent :
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Rob,
Yvette Oblander
Wednesday, July 02, 2014 11:57 AM
Rob Mullane
Catherine Raynor
FW: Media Request
After speaking with Catherine, she did say that this is considered a PRA request. I will go ahead and send you the file
shortly.
Regards,
rwudM
Executive Assistant
City Of Carmel- by-the-Sea
P.O. Box CC
Carmel, CA.93921
yoblander@ci .carmel .ca.us
Office - (831)620-2056
Mobile -(831)869-6625
Fax- (831)-620-2004
From: Yvette Oblander
Sent: Wednesday, July 02, 2014 11:52 AM
To: Rob Mullane
Cc: Catherine Raynor
Subject: Media Request
Rob,
Brynn Wiattaker from KSBW called today and wanted to speak with Jason S. regarding the procedures for temporary
rentals. I did let her know that Jason may not be the best person to speak with , however I would pass this along to the
correct person. Please return her call at 425-246-6430
I will go ahead and document this in our MEDIA LOG, please let me know when it is completed.
Regards,

Executive Assistant
1
City Of Carmel-by-the-Sea
P.O. Box CC
Carmel, CA.93921
yoblander@ci .carmel.ca.us
Office- (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
2

Request No. 2014-82

Information Requested: Review a copy of the Police or Sheriff Depart. Patrol duty
manual policy on elder Abuse


Request No. 2014-83

Information Requested: Requesting information regarding the California Senate
Bill

Due Date: f /J g lft/
(Office Use Only)
File No.: ::!iJ/402'3
(Office Use Only)
Date of Request: 7J //;'-/ RequestedBy: ~ ~
Company: ____________________________________________________________________________________________________________________________________ ___
Address=-----------------------------------------------------------------------------------------------
Phone, Fax, Email: yttU {(3 mr hOpP ' t"ffwl
Info Requested (be specific): ~ ~ 6ttt ~ !Ol
~ .. dOJ(
Date Des ired=---------------------------------------------------------------------------------------------------------------------------------
(City has 10 days to determine whether the request in whole or inpart is a disclosable public record pursuant to GCS 6253(C}.
Persons/Departments to provide information: (Office Use Only) Done: ____ Date: --------
llil ~
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:----------------
Completed by: ___ _
Total Coast
(Program 353)
l
PRA I Date:
/lot Itt/
AGENCY
I
D
Raynor
D
listed below
D
Raynor
D
Activities Title Time Spe_nt Other
1 a11 fi/hl:u_ 1-.J

(/
I
'iisclosing t he determination and
easons for the determination
requestor)
(c)(l)-(4), sett ing forth the
review of the wri tten language in
the notice - DOES NOT INCLUDE
public record. (Identify records
-ecords exist; provide
Lggestions for overcoming any
to the records or i nformation
sought)
Total Time Spent:
Yvette Oblander
From: Catherine Raynor
Sent:
To:
Wednesday, July09, 201412:17 PM
Yvette Oblander
Subject: FW: California Public Records Act Request
Attachments: 20132014 ACR101 Senate Appropriations Committee Fiscal Summary.pdf
Yvette:
As he said send to all department directors as we haven't a clue if they have something ... doubtful.
Catherine
Catherine A. Raynor, MMC
City Clerk
craynor@ci .carmel .ca.us
P.O. Box CC
phone: (831) 620-2007
fax: (831) 620-2004
ecmm
- !Ullliif!tl!!!W
From: Jason Stilwell
Sent: Wednesday, July 09, 2014 11:11 AM
To: Yvette Oblander; Catherine Raynor
Subject: FW: California Public Records Act Request
Please add to the log.
I have no responsive documents. Please query the departments.
Jason
From: Richard Hopp [ mai lto:maii@MrHopp.com]
Sent: Tuesday, July 08, 2014 5:02 PM
Subject: California Public Records Act Request
Pursuant to my rights under the California Public Records Act, I am writing to request
a copy of the following writings, documents, and records which I understand to be in the
possession, control and/or knowledge of this jurisdiction:
1. Any and all documents, writings, records or combination thereof evidencing,
identifying and in regards to California Senate Bill ACR 101 (2014) emails, memorandums,
authorities, studies, budgeting, accounting, financial data, quantitative data, or comments
evidencing and identifying the costs of stakeholder meetings and to report to the Legislature on
J its findings and recommendations of Pawnbrokers and secondhand dealers: Internet
transactions; Title: Relative to pawnbrokers and secondhand dealers.
1
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Attachments:
Mr. Hopp,
Yvette Oblander
Thursday, July 17, 2014 3:40PM
'mail@mrhopp.com'
Jason Stilwell
PRA Request
pra-2014-083. pdf
Please see the attached correspondence and response to your request.
Regards,
~ M I L 8 ~ ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
yoblander@ci.carmel.ca.us
Office - (831)620-2056
Mobile -(831}869-6625
Fax - (831)-620-2004
1
July 17, 2014
POST OFFICE BOX CC
(831) 620 2000
VIA ELECTRONIC MAIL to: mail@mrhopp.com
Mr. Richard Hopp
Dear Mr. Hopp:
The City of Cannel-By-The-Sea ("City") received your emailed California Public
Records Act request on July 8, 2014 ("Records Request"). This response is sent on my
authority as City Administrtaor.
("CPRA") , the City has detetmined that your Records Request seeks disclosable public
Thank you for your attention to this matter. If you have questions about the
foregoing response, please contact me at 831-620-2000.
Very truly yours,
J a ~ i 7 1
City Administrator
Yvette Oblander
From:
Sent:
To:
Subject:
Attachments:
Please add to the log.
Jason Stilwell
Wednesday, July 09, 2014 11:11 AM
Yvette Oblander; Catherine Raynor
FW: California Public Records Act Request
20132014 ACR1 01 Senate Appropriations Committee Fiscal Summary. pdf
I have no responsive documents. Please query the departments.
Jason
From: Richard Hopp [ mailto:maii@MrHopp.com]
Sent: Tuesday, July 08, 2014 5:02PM
Subject: California Public Records Act Request
Pursuant to my rights under the California Public Records Act, I am writing to request
a copy of the following writings, documents, and records which I understand to be in the
possession, control and/or knowledge of this jurisdiction:
I. Any and all documents, writings, records or combination thereof evidencing,
identifying and in regards to California Senate Bill ACR 101 (2014) emails, memorandums,
authorities, studies, budgeting, accounting, financial data, quantitative data, or comments
evidencing and identifying the costs of stakeholder meetings and to report to the Legislature on
its findings and recommendations of Pawnbrokers and secondhand dealers: Internet
transactions; Title: Relative to pawnbrokers and secondhand dealers.
identifying and in regards to California Senate Bill ACR 101 (2014) authored by Assemblyman
Reggie Jones-Sawyer; Topic: Pawnbrokers and secondhand dealers: Internet transactions;
Title: Relative to pawnbrokers and secondhand dealers.
Provide response and responsive documents, records and writings electronically
pursuant to Cal. Gov't Code, 6253.9 to Mail@MrHopp.com. I ask that you notify me of any
duplication cost so that I may decide which records I want copied.
Forward any response in writing to: Richard Hopp, PO Box 3601, Van Nuys,
California 91407-3601. All rights and remedies are hereby reserved without prejudice. Thank
you for your attention in this matter.
Sincerely,
Richard Hopp
1
identifying and in regards to California Senate Bill A CR 101 (20 14) authored by Assemblyman
Reggie Jones-Sawyer; Topic: Pawnbrokers and secondhand dealers: Internet transactions;
Title: Relative to pawnbrokers and secondhand dealers.
Provide response and responsive documents, records and writings electronically
pursuant to Cal. Gov't Code, 6253.9 to Mail@MrHopp.com. I ask that you notify me of any
duplication cost so that I may decide which records I want copied.
Forward any response in writing to: Richard Hopp, PO Box 3601, Van Nuys,
California 91407-3601. All rights and remedies are hereby reserved without prejudice. Thank
you for your attention in this matter.
Sincerely,
Richard Hopp
Attachment: Senate Appropriations Committee Fiscal Summary
2
Yvette Oblander
From:
Sent:
To:
Paul Tomasi
Friday, July 11 , 2014 3:05 PM
Yvette Oblander
Subject:
Attachments:
PRA Request secondhand dealer
KMBT35020140711145225.pdf
Yvette,
Here is the only permit we have signed for a second hand dealer. To our knowledge we don't have any others operating
in the city. Anyone operating as a pawn broker or second hand dealer is required to obtain a permit through the State
of California.
Impression Fine & Fashion Jewelry is the only business to have such a permit.
Let me know if there is anything else I can hel p with.
COMMANDER PAUL TOMASI
Carmel-by-the-Sea Police Department
P.O. Box 600
SE Junipero Avenue & 4th Avenue
Carmel, California 93921
Business: (831)624-6403
Fax: (831)624- 4296
E-Mail: ptomasi @ci.carmel.ca.us
1
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Sue,
Sullivan Carey-Lang
Susan Paul
Yvette Oblander
PRA#83
After conducting research for the Public Records Request from Mr. Richard Hopp in regards to California Senate Bill ACR
101 (2014) emails, memorandums, authorities, studies, budgeting, accounting, financial data, quantitative data, or
comments evidencing and identifying the costs of stakeholder meetings and to report to the Legislature on its findings
and recommendations of Pawnbrokers and secondhand dealers: Internet transactions; Title: Relative to pawnbrokers
and secondhand dealers, I have come to find we have very little information on the topic. We have no specifics in our
Municipal Code for Pawnbrokers or secondhand dealers. The extent of the information that we would have when
dealing with businesses like this would be business license renewals and fees, with one business under t he name of
Impression Fine & Fashion Jewelry operating as a Pawnbroker or secondhand dealer.
Regards,
Sullivan Carey-Lang
City of Carmel by-the-Sea
PO Box CC
Carmel, CA 93921
(831) 620-2000 x2009
1
Yvette Oblander
From: Rob Mullane
Sent:
To:
Thursday, July 17, 20141 :14 PM
Yvette Oblander
Cc: Susan Paul
Subject: RE: PRA Request
Yvette,
CPBD has no records that pertain to this request. Thanks.
Robert A. Mullane, AICP
Community Planning and Building Director
City of Carmel- by-the-Sea
P.O. Drawer G
main (831) 620-2010
direct (831) 620-2057
rmullane@ci.carmel.ca.us
Sent: Thursday, July 17, 2014 12:27 PM
To: Rob Mullane; Susan Paul
Subject: FW: PRA Request
Importance: High
Please let me know if you have any documentation to this request. This is due today, PLEASE.
Regards,
~ t r d k O ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
Office- (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
To: Susan Paul; Sharon Friedrichsen; Janet Bombard; Rob Mullane; Mike Calhoun
1
Yvette Oblander
From: Janet Bombard
Sent:
To:
Thursday, July 10, 2014 3:56 PM
Yvette Oblander
Subject : RE: PRA Request
Yvette,
I do not have any documents.
Janet
Janet Bombard
Library and Community Activities Director
PO Box 800
Carmel, CA 93921
(831) 624-1366
Subject: PRA Request
Please see the attached request for a PRA.
Regards,
w u l k o ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
yoblander@ci .carmel.ca.us
Office - (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
1
Yvette Oblander
From: Sharon Friedrichsen
Sent:
To:
Thursday, July 10, 2014 7:53 PM
Yvette Oblander
Subject: RE: PRA Request
I do not have any documents responsive to this request .
Sharon
Sent: Thursday, July 10, 2014 3:52PM
Subject: PRA Request
Please see the attached request for a PRA.
Regards,
~ Oo&zntb:
Executive Assistant
P.O. Box CC
Carmel, CA.93921
Office- (831)620-2056
Mobi le -(831)869-6625
Fax - (831)-620-2004
1

Request No. 2014-84

Information Requested: Responses if any to each of the requests referenced in 1)
and 3) records reflecting the amount of legal fees incurred by the City.

June 18,2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices ofNeil L. Shapiro
Dear Mr. Shapiro:
The City of Carmel-by-the-Sea ("City") received your California Public Records
Act request on June 10, 2014 ("Records Request"). This response is sent on my authority
as City Clerk.
After review of your Records Request, the City has determined that due to the need
to appropriately examine distinct records that are, 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 August 1, 2014. The City thanks you in
advance for your patience.
Thank you for your attention 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,

Jason Stilwell
City Administrator
Yvette Oblander
Sent:
To:
Subject:
Catherine Raynor; Yvette Oblander
FW: Public Records Act
Yvette : please add to the log. I'll work with Susan to research the records. Jason
-----Original Message-----
From: Neil Shapiro [ mailto:nlshapiro@sbcglobal . net ]
Sent: Thursday, July 1e, 2e14 1:12 PM
To : Jason Stilwell
Subject: Public Records Act
Dear Mr. Stilwell:
On behalf of Transparency in Government and pursuant to the prov1s1ons of the Public Records
Act I respectfully request access to and copies of (1) all requests made pursuant to the
Public Records Act and received by the City of Carmel during the period January 1, 2e14,
through June 3e, 2e14, (2) the responses, if any, to each of the requests referenced in (1),
and (3) records reflecting the amount of legal fees incurred by the City of Carmel with
respect to the requests referenced in (1), individually and in the aggregate .
Please let me know if you have any questions. Thank you for your anticipated courtesy and
cooperation.
Neil Shapiro
Law Offices of Neil L. Shapiro
21ee Garden Road, Suite c
Neil Shapiro
Monterey, CA 9394e
Telephone: (831) 372-37ee
Facsimile: (831) 372-37e1
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,
inclusive of any attachments, is intended for the use of the recipient(s) identified above
only. 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
this transmission in error, please notify the sender immediately and delete/destroy all
copies of this transmission, or any portion thereof.
1
2100 Garden Road, Suite C
Monterey, CA 93940
www.nshapiro.com
July21,2014
By Email on()'
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 t.:rroneously dated June 18, 2014, and sent by email
on July 18, 2014, regarding Transparency in Governments' July 10, 2014, Public Records Act
request. Your letter purports to extend the time of the City of Carmel-By-The-Sea to respond
to the referenced request, but identifies no ' unusual circumstance" as defined by Government
Code section 6253 to justify that extension. Absent such unusual circumstance," a full and
complete response to the request is due today.
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.
Neil L. Shapiro
NLS/src
POST OFFICE BOX CC
(831) 620-2000

J uly 21, 2014


Neil Shapiro
Monterey, CA 93940


Dear Mr. Shapiro:
The City of Carmel-by-the-Sea (City) received your letter of J uly 21, 2014
regarding the Citys J uly 18, 2014 response (Citys Response) to your California Public
Records Act request of J une 11, 2014 (Records Request). Thank you for bringing to our
attention what appears to be clerical errors in the Citys Response. On my authority as
City Administrator, the Citys Response (1) should have been dated J uly 18, 2014 and (2)
should have contained the following complete explanation of the Citys need for a time
extension regarding your Records Request:
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 August 1, 2014.
Thank you for your attention to this matter. Should you have any further questions
or concerns regarding the foregoing, please do not hesitate to contact the undersigned at
831-620-2000.

Very truly yours,
J ason Stilwell
City Administrator

July 31 , 2014
POST OFFICE BOX CC
(831) 620-2000
Neil Shapiro
Law Offices of Neil Shapiro
Dear Mr. Shapiro:
Act request on July 10, 2014 ("Records Request"). This response is sent on my authority
as Interim City Clerk.
After review of your Records Request, the City has detennined that due to the need
City expects to provide its determination no later than August 15, 2014. The City thanks
you in advance for your patience.
Very truly yours,
Lori Frontella
Interim City clerk
'
3
-
From: Neil Shapiro [mailto :nlshapiro@sbcglobal.net]
To: Jason Stilwell
Subject: Public Records Act
Dear Mr. Stilwell:
Public Records Act and received by the City of Carmel during the period January 1, 2014,
through June 30, 2014, (2) the responses, - if any, to each of the requests r ~ f e r e n e d in (1),
respect to the requests referenced in (1), individually and in the aggregate.
cpoperation.
Neil Shapiro
2100 Garden Road, Suite c
Neil Shapiro
Monterey, CA 93940
Telephone: (831) 372-3700
Facsimile: (831) 372-3701
nl shapiro@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,
only. If you are not an intended recipient, be aware that any disclosure, copying,
this transmission in error, please notify the sender immediately and delete/destroy all
1
City of Carmel-by-the Sea
POST OFFICE BOX CC
CARMEL-BY-THE SEA, CA 93921
(831) 620-2000

J uly 31, 2014


Neil Shapiro


Dear Mr.Shapiro :

The City of Carmel-by-the-Sea (City) received your emailed California Public
authority as Interim City Clerk.


which might fall within the scope for your records request, and, as such, we believe our

Thank you for your attention to this matter. If you have any questions about the
Forgoing response, please contact me at 831-620-2000

Very truly yours,

Lori Frontella MMC
Interim City Clerk

August 6, 2014
POST OFFICE BOX CC
CARMEL- BY-THE SEA, CA 93921
(831) 620-2000
Dear Mr.Schapiro:
The City of Carmel-by-the-Sea ("City") received your emailed California Public
("CPRA"), the City has determined that your Records Request seeks disclosable public
forgoing response, please contact me at 831-620-2000
Lori Frontella
Interim City Clerk
\
3
-
From: Neil Shapiro [mai l to: nl shapi ro@sbcgl obal.net ]
To : Jason Stilwell
Subject : Public Records Act
Dear Mr . Stilwell:
Public Records Act and received by the City of Carmel during the period January 1, 2014,
through June 30, 2014, (2) the responses, if any, to each of the requests referenced in (1),
respect to the requests referenced in (1), individually and in the aggregate .
cpoperation.
Neil Shapiro
Neil Shapiro
Monterey, CA 93940
Telephone: (831) 372- 3700
Facsimile: (831) 372- 3701
nl shapi ro@s bcglobal .net
nshapiro@nsha piro. com
www.ns hapi ro.com
Confidentiality and Privilege : This electronic transmission contains information from the
Law Offices of Neil L. Shapiro that may be confidential or privileged. Thi s message,
only . If you are not an intended recipient, be aware that any disclosure, copying,
this transmission in error, please notify the sender immediately and delete/ destroy all
1

Request No. 2014-85

Information Requested: FOI Request for all business occupational and sales tax
licenses with EIN

June 21,2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: Vanessa.libertvdata@gmail.com; rclahiri@gmail.com
Vanessa Cintron
Noble Ventures Inc.
Dear Mr. Cintron:
as City Clerk.
to appropriately examine distinct records that are, the City requires an extension of time
pursuant to California Govemment 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 August 4, 2014. The City thanks you in
advance for your patience.
Very truly yours,

Jason Stilwell
City Administrator
7/11/2014 10:32 Noble Ventures Inc Fax:8316202004 To: Pub lic Records Offi cer
Noble Ventures Inc.
4867 Palm Coast Pkwy Ste. 4, Palm Coast, FL 32137
386-246-4204 * 386-338-0089
To: County I City Occupational Licenses Department
ATTN: Public Records representative - Occupational & Sales Tax licenses
Status: time sensitive high priority request * Public Records Request
Urgent FOIA Request for all Business Occupational & Sales tax Licenses with EIN
"Employer Identification Numbers"
July 11, 2014
Dear Publ ic Records Officer:
This is a Public Records I FOIA Request for Business Permits & Sales Tax Application records.
We are a California State Contractor, for the Dept of Childrens Services, and properly registered
in the State of Cal ifornia under the name Liberty Data, Inc. The Data we are requesting is
urgently needed to fulfill our Contract and Vendor Responsibilities.
We are submitting this email as a public records request for all business license applications
that have been filed in the City Occupational License Department. This is a request for the
entire electronic filing data that you have in regards to Business License applications or Sales
Tax Permits received by the city regardless if they were approved or denied. We are looking for
whatever data you have available electronically. All data is held highly confidential for internal
business use only in compliance functions on secure servers.
FOIA Information is to include:
Business name required
Business address
phone number- if avail.
email address - if avail
* Owner name - if available
EIN (federal tax identification number) -required *If no EIN available , the file is
not useful t o this project.
Industry if available
We would like to have this information electronically in CSV format , file transfer via email or on
CD. Thank you for your time. Any question please do not hesitate to call. The data is very
simply emailed in CSV format to vanessa.libertydata@gmail.com and Rclahiri@gmail.com
Thank you for your consideration and service to our Nation.
Best Regards,
Vanessa Cintron
FOIA Coordinator at Noble Ventures Inc.
vanessa.libertydata@.gmail.com
386-338-0089
IJ 1/1
POST OFFICE BOX CC
(831) 620-2000

August 1, 2014

VIA ELECTRONIC MAIL to: vanessalibertydata@gmail.com


Dear Ms. Cintron:

The City of Carmel-by-the-Sea (City!" re#ei$e% your California &ubli# 'e#or%s
A#t re(uest on )uly 11, 2014 ('e#or%s 'e(uest!". This res*onse is sent on my authority
as +nterim City Cler,.

+n a##or%an#e -ith the re(uirements of the California &ubli# 'e#or%s A#t
(C&'A!", the City has %etermine% that your 'e#or%s 'e(uest see,s %is#losable *ubli#
re#or%s an% -ill ma,e these re#or%s *rom*tly a$ailable. Atta#he% to this email is an
ele#troni# #o*y of res*onsi$e non-e.em*t re#or%s. &lease be a%$ise% that in the e$ent the
City has re%a#te% #ertain res*onsi$e re#or%s *ursuant to the C&'A e.em*tions they are
liste% on the a##om*anying re%a#tion log.

&lease be a%$ise% that e$ery effort has been ma%e to sear#h for all of the re#or%s
-hi#h might fall -ithin the s#o*e for your re#or%s re(uest, an%, as su#h, -e belie$e our
sear#h is (uite thorough. /o-e$er, if you ha$e ,no-le%ge of a s*e#ifi# %o#ument -hi#h
has not been *ro$i%e% in res*onse to your re(uest, *lease notify us an% -e -ill be ha**y to
*ro$i%e the %o#ument(s" to you unless, of #ourse, it is e.em*t from %is#losure *ursuant to
0o$ernment Co%e 1224. +f you are a-are of any legal authority that -oul% re(uire
%is#losure of re#or%s in a%%ition to those i%entifie% abo$e, *lease a%$ise the un%ersigne%
an% the City -ill re#onsi%er its *osition a##or%ingly.

Than, you for your attention to this matter. +f you ha$e any (uestions about the
forgoing res*onse, *lease #onta#t me at 341-120-2000

5ery truly yours,

6ori 7rontella MMC
+nterim City Cler,

Cityof Carmel-by-the-Sea
POST OFFICE BOX CC
(831) 620-2000

August 1, 2014

VIA ELECTRONIC MAIL to: Vanessa.libertyata!g"ail.#o"$r#la%iri!g"ail.#o"

Vanessa Cintron
Noble Ventures


Dear Ms. Cintron:
The City of Carmel-by-the-Sea (City) receive your California !ublic "ecors
#ct re$uest on %une &&' ()&* ("ecors "e$uest). This res+onse is sent on my authority
as ,nterim City Cler-.
#fter revie. of your "ecors "e$uest' the City has etermine that ue to the nee
to search for' collect' an a++ro+riately e/amine a voluminous amount of se+arate an
istinct recors that are emane in a sin0le re$uest' the City re$uires an e/tension of
time +ursuant to California 1overnment Coe Section 2(34 in orer to ae$uately
etermine .hether the "ecors "e$uest' in .hole or in +art' see-s co+ies of isclosable
+ublic recors in the +ossession of the City an +rovie notice of the reasons therefor. The
City e/+ects to +rovie its etermination no later than #u0ust &&' ()&*. The City than-s
you in avance for your +atience.
Than- you for your attention to this matter. Shoul you have any $uestions or
concerns' +lease o not hesitate to contact the unersi0ne at 54&-2()-())).

Very truly yours'

6ori 7rontella MMC
,nterim City Cler-

August 1, 2014

Vanessa Cintron
Noble Ventures, Inc.
4867 Palm Coast Parkwa, !uite 4
Palm Coast, "# $21$7

%e& 'our Public %ecor( Act %e)uest (ate( *ul 11, 2014

+ear ,s. Cintron&

-nclose( is t.e in/ormation re)ueste( in our letter (ate(
*ul 11, 2014, wit. t.e e0ce1tion o/ t.e /e(eral ta0
i(enti/ication number /or t.e businesses w.ic. are e0em1t /rom
(isclosure 1ursuant to Cali/ornia 2usiness an( Pro/essions Co(e
!ection $03.4, an( Cali/ornia 5o6ernment Co(e !ection 62743k4,
co1ies o/ w.ic. are enclose( /or our re/erence.

8e (i( note t.at i/ t.e ta01aer i(enti/ication number was
not a6ailable ou were not intereste( in t.e ot.er re)ueste(
in/ormation, but t.oug.t it 1ru(ent to 1ro6i(e ou wit. w.at we
coul( release 1ursuant to law.

Please be a(6ise( t.at e6er e//ort .as been ma(e to
1ro6i(e all o/ t.e recor(s w.ic. mig.t /all wit.in t.e sco1e o/
our in)uir. As suc., we belie6e our re1l is )uite t.oroug..
9owe6er, i/ ou .a6e knowle(ge o/ a s1eci/ic (ocument w.ic. .as
not been 1ro6i(e( in res1onse to our in)uir 1lease noti/ us
an( we will be .a11 to 1ro6i(e t.e (ocument3s4 to ou unless,
i/ course, it is e0em1t /rom (isclosure 1ursuant to 5o6ernment
Co(e !ection 6274.

I/ ou wis. to (is1ute an o/ t.e (eterminations containe(
in t.is res1onse to our re)uest 1lease a(6ise me o/ our
argument, an( it woul( be e0tremel .el1/ul i/ ou coul( cite
t.e legal aut.orit /or our stance.

Very truly yours,

Lori Frontella MMC
Interim City Clerk


Request No. 2014-86

Information Requested: for the entire file for the new public bathrooms located at
Santa Lucia and Scenic at the Beach

July 21,2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: gelffmack@gmail.com
Dear Mr.Mack:
Records Act request on July 11 ,2014 ("Records Request"). This response is sent on my
authority as City Administrator.
("CPRA"), the City has detetmined that your Records Request seeks disclosable public
search is quite thorough. However, ifyou have knowledge of a specific document which
Very truly yours,

Jason Stilwell
City Administrator
Yvette Oblander
From:
Sent:
To:
Cc:
Sharon Friedrichsen
Friday, July 11,201412:47 PM
Catherine Raynor
Yvette Oblander
Subject: Fwd: Records request- Beach Bathrooms
Please see new request for documents pertaining to the restroom. Yvette, could you create a new PRA form?
Thanks,
Sharon
Sent from my iPhone
Begin forwarded message:
From: Chris Mack <gelffinack@gmail.com>
Date: July 11 , 2014 at 12:40:58 PM PDT
To: <sfriedrichsen@ci .carmel.ca.us>, <avanderfird@ci.carmel.ca.us>
Cc: Cluis Mack <gelffmack@gmail.com>
Subject: Records request- Beach Bathrooms
I am asking for the entire file for the new public bathrooms located at Santa Lucia and Scenic at
the beach
Items to be included
- pdf of the building plans
- voting record of approval ( who cast yes or no votes on approval of design and then on bid
approval)
- discussion transcripts or video files on the design
-discussion transcripts of bidding process and approval ofbid costs
- breakdown of costs in the construction bids
-Expected time line for construction with penalties and bonus payment for progress
thank you
Chris Mack 622 0402
PS. I make this request about 10 days ago through a visit at city hall and have not received any
information.
1
May 14, 2014
Mr. Steve Locke, President
Tombleson, Inc.
Post Office Box 1388
Salinas, CA 939202
POST OFFICE BOX CC
(831) 620-2000
Re: NOTICE TO PROCEED - CARMEL BEACH RESTROOM
Dear Mr. Locke,
The Carmel Beach Restroom agreement has been fully executed. A copy of the Agreement was
delivered to your office on May 1, 2014.
This letter serves as the official notice to proceed issued in accordance with the contract
documents. The first day of the contract shall be May 27, 2014. The contract requires
completion within 150 calendar days, making the completion date October 23, 2014.
The City looks forward to working with you on this very important project.
Sincerely,
j j/;;;/J;;:ktv
/
Sharon Friedrichsen
Public Services Director
cc: Dan Van Horn, Harris and Associates
CITY OF CARMEL-BY-THE-SEA
CONTRACT
FOR THE
BEACH RESTROOMS PROJECT
THIS CONTRACT is made and entered into on the 1st day of
April , 2014, by and between the City of Carmel-by-the-Sea, Monterey County, State
of California, hereinafter called "City'', and Tombleson Incorporated, hereinafter called
"Contractor".
WITNESSETH: That City and Contractor have mutually covenanted and agreed, and
by these presents do covenant and agree with each other as follows:
1. That for and in consideration of the covenants and agreements hereinafter
contained on the part of City, and the sums of money hereinafter designated to be paid to
Contractor by City in the manner and form as shown in the attached specificatiOf\S, Contractor
hereby covenants and agrees to and with City, to furnish all labor, tools, appliances, equipment,
plant and transportation, and any and all other expenses necessary or incidental to the
performance of certain work hereinafter specified and to complete the public work herein
referred to for City, for the schedule and items awarded, all as more particularly and in detail set
forth in those certain specifications filed in the office of the City Administrator, and identified by
the signatures of the parties to this agreement. True copies of the contract documents together
with all modifications incorporated in those documents before their execution, are hereunto
annexed by and reference thereto incorporated herein and made a part hereof as though in this
document fully set forth. The contract documents shal1 consist of this Contract, (5 pages);
Notice to Bidders (2 pages), Bld Fonn Proposal (5 pages), Bid Sheets (2 pages), Sample Bidders
Bond (2 pages), Specifications (10 pages).
2. Contract Price: Contractor agrees to receive and accept and City agrees to pay
the proposal prices as full compensation for furnishing all materials and for doing all the work
embraced and contemplated in this agreements and as set forth in the Contractors proposal
submitted to the City of Carmel-by-the-Sea, on the 26
1
h of March 2014, and the true copy thereof
attached, and for all loss or damage arising out of the nature of said work, or from the action of
the elements of from any unforeseen difficulties or obstructions which may arise or be
encountered in the prosecution of the risk connected with the work, and for well and faithfully
completing the work and the whole thereof, in the manner and according to the said
specifications and the requirements of the Building Official (City representative) under them, to
wit: the Contract price of $619,654.00 as set forth in the Contractor' s Proposal of Bidder for the
work awarded under this agreement.
Contractor further agrees to plan the work and to prosecute it with such diligence that
said work and all of it shall be completed as identified in the Contract Documents for the Beach
Restrooms Project.
Upon completion, the Contractor shall present a Statement of Compliance, if applicable.
Attached thereto there shall be copies of payroll certification records indicating the prevailing
hourly rate of per diem wages for this locality (Area 2) pursuant to Labor Code Section 1773.2.
City of Carmel by the Sea
Beach Restrooms Project
Contract
P a ge 1 of6
of City's rights or any statute of limitations.
9. Independent Contractor. While engaged in carrying out the terms and
conditions of this Agreement, Contractor is an independent contractor and not an officer,
employee or agent of City. Contractor shall not at any time or in any manner represent that it or
any of its agents or employees is in any manner, an agent or employee of City.
1 0. Contractor shaD provide:
A. Compensation Insurance under the laws of the State of California, for all labor
employed by it or by any subcontractor under it, who may come within the protec6on of
such Workers' Compensation laws of the State A. Workers' Compensation
Insurance. Contractor shall maintain adequate Workers' of California, and shall provide
employers general liability insurance for the benefit of its employees and the employees
of any subcontractor under it, not protected by such compensation laws, and proof of
such insurance, satisfactory to City, shall be given by filing certificates of such insurance
with City, in a form satisfactory to City. If such insurance is underwritten by any agency
other than the State Compensation Fund, such agency shall be a company authorized to
do business in the State of California. Contractor shall not commence work until
certified proof of insurance has been provided to City.
B. Public Liability and Property Damage Insurance. Contractor shall take out
and maintain during the life of this Contract such public liability and property damage
insurance as shaH protect it and any subcontractor perfonning work covered by this
contract from claims for personal injury or property damages which may arise because of
the nature of the work or from operations under this contract, whether such operations be
by Contractor or by any subcontractor or anyone directly or indirectly employed by either
of them. The Public Liability, Personal Injury and Property Damage Insurance shall also
directly protect the City, its officers, agents and employees, as well as the Contractor and
its subcontractors, and all insurance policies issued hereunder shall so state. The City of
Carmel-by-the-Sea, its elected officials, officers, agents and employees shall be
specifically named, by written endorsement to the Certificate of Insurance, as additional
insured for this project under such insurance policy and Contractor shall provide City
with a certificate of such insurance for the term of this contract. The amounts of such
insurance shall be as follows: Combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) in aggregate.
Said insurance shall be with a company acceptable to City and shall be primary over any
other valid or collectible insurance City may have. The insurance carrier shall provide
City with a certificate evincing the existence of the insurance and specifying compliance
with these terms and the issuing company shall agree to provide City with thirty (30)
days prior written notice of cancellation or non-renewal of the policy.
Contractors liability insurance and automobile liability insurance covering all vehicles
used in the performance of the Contract providing for public liability, personal injury and
property damage insurance with limits of the not less than one million dollars
($1 ,000,000) combined single limit.
11 . Safetv. Contractor shall conform to the rules and regulations pertaining to
safety established by the California Division oflndustrial Safety.
12. Liquidated Damages. In consideration of liquidated damages to City,
occasioned by Contractor not completing the work within the time set for Contractors
performance, City having to prepare termination notices, prepare specifications to complete the
Contract
Pa g e 3 of 6
Pursuant to SB222, City is required to withhold from any progress payments owed to a
contractor any amount that has been forfeited as penalties, or as wages owed to employees who
have not been paid the prevailing wage for work performed. This allows the intervention by the
Division of Labor Standards Enforcement, which is headed by the State Labor Commission, in a
contractor's lawsuit for recovery of amounts withheld by an awarding body. All withheld wages
and penalties will be transferred to the Labor Commissioner for disbursement in those cases
where a contractor fails to bring a lawsuit for amounts withheld within ninety (90) days after
completion of the public works contract and fmmal acceptance of the job by the awarding body.
The Labor Commissioner is then permitted to intervene in any lawsuit brought by the contractor
against an awarding body for recovery of amounts withheld.
Certified payroll records must be on the forms provided by the Division of Labor or
contain the same information required on the Division's form.
3. Payment. Contractor shall be paid for the work within thirty (30) days of
satisfactory completion. Notice of Completion shall be given to the City in writing. If any work
is not satisfactorily completed, City shall have the right to withhold from the payment a sum
equal to one and one-half times the estimated costs of satisfactorily completing the work. City
shall have the right to use said sum to pay Contractor for satisfactorily completing the work, or
upon refusal of Contractor to satisfactorily complete the work, to pay another contractor to do so.
Any money remaining after satisfactory completion shall be paid to Contractor, less any sums
owed City by Contractor. Contractor shal1 have the right to substitute securities for any monies
withheld by City to ensure performance under this agreement pursuant to Government Code
Section 4590.
4. The parties agree that this Contract sha11 be binding upon themselves, their heirs,
executors, administrators, successors and assignees and hereby agree to the full performance of
the covenants herein contained.
5. No interest in this Contract shall be transferred by Contractor to any other party,
and any such transfer shall cause annulment of this Contract, so far as City is concerned. All
rights of action, however, for any breach of this contract are reserved to City.
6. Supplies. Contractor shall keep harmless, indemnify and defend City, its
officers and agents, on account of articles supplied by Contractor under this Contract, of which it
is not patentee or which it is not entitled to use or sell.
7. Hold Harmless. Contractor agrees to hold harmless, indemnify and defend
City, its elected officials, agents, officers, and employees thereof, including the Building
Services Specialist (City's representative), while acting within the scope of their duties from and
against any and all liability, claims, damages and cost of defense arising out of Contractor's
performance of the work described herein including injuries and damages arising from
negligence of City or others except for injuries and damages arising from sole negligence of
City. Contractor will require any and all subcontractors to conform with the provisions of this
clause and provide proof of all required insurance prior to commencing any work.
8. Warranties. Contractor agrees that it will warrant all work performed and
equipment supplied hereunder for a period of one year or, in the case of equipment, for the
period of the manufacturer's warranty if such warranty be for a period longer than one year.
Contractor shall immediately correct all defective workmanship discovered within one year after
acceptance of final payment by it and shal1 indemnify and defend City against all loss and
damage occasioned by any such defect, discovered within said year, even though the damage or
loss may not be ascertained until after the expiration thereof. Nothing herein constitutes a waiver
Contract
Page 2 of6
work, re-let bids, and experience the general delay of not having the work completed in a timely
fashion, the parties agree that it would be extremely difficult and impractical to fix actual
damages and that Contractor agrees if the Contract is not completed within the time period
specified in the Contract, it will pay to City the sum of seven hundred fifty dollars ($750.00)
each and every calendar days delay in finishing the work in excess of the number of working
days prescribed in the Contract, said sum of liquidated damages to be deducted from the amount
due the Contractor for work completed.
13. Conflicts in Documents. This Contract and the contract documents are
intended to constitute one complete and consistent contract. Should any conflict exist,
Contractor shall secure written instructions from Sharon Friedrichsen, Public Services Director
(City Representative) before proceeding.
14. Protecting Trees. Contractor acknowledges that it is familiar with City's
policies for the protection of trees and agrees to take all reasonable precautions to protect trees
not subject to trimming or removal from damage which might be caused during the work. (Refer
to the Municipal Code ofthe City of Carmel-by-the-Sea, Chapter 12.28)
15. Inspection. City shall at all times have the right to inspect the work and
materials. Contractor shall furnish all reasonable aid and assistance required by City for
examination of the work and all parts thereof Such inspection shall not relieve Contractor from
any obligation to perform said work strictly in accordance with the specifications or any
modifications thereof and in compliance with the law.
16. Conflict of Interest. Contractor covenants that neither it nor any person working
for it or with it to provide the services called for by this Contract has any interest, nor shall any
person acquire any interest, directly or indirectly, which would conflict in any manner or degree
with the performance of the services hereunder. Contractor further covenants that in the
performance of this Contract, no person having such interest shall be employed by Contractor.
17. Nondiscrimination. Contractor agrees that in the performance of this Contract
or any subagreement hereunder, neither Contractor nor any person acting on Contractors behalf
shall refuse to employ or refuse to continue in any employment any person on the basis of race,
religious creed, color, national origin, ancestry, physical handicap, medical condition, marital
status, sexual preference, sex or age. Harassment in the workplace is not permitted in any form.
Contractor further agrees to comply with all laws with respect to employment when performing
this Contract.
18. Suspension or Abandonment of Work. It is mutually agreed that City may
suspend or abandon, in whole or in part, this Contract upon five (5) days written notice to
Contractor, in which case City shall pay Contractor for services rendered and work completed at
the time of such suspension.
19. Changes. Any changes or amendments to this Contract shall be written,
consecutively numbered, change orders. City may, from time to time, an1end or modify the
scope of the work to be performed hereunder.
20. Disputes. Disputes and other matters in question between Contractor and
City' s representative relating to this Contract shall be referred to the City Administrator or his
duly authorized representative, who will render a decision within a reasonable period of time.
21. Claims. Claims for time extensions or cost increases from Contractor shall
be considered valid only if Contractor notifies the City Representative of any such claim in
writing within five (5) working days from the date of the circumstances allegedly justifying the
claim, unless otherwise stated in the Contract specifications. The formal, written claim shaH be
City of Carmel by the Sea Contract
Beach Restrooms Project P a g c 4 of 6
submitted to the City representative within ten (1 0) working days of the notification date, or no
later than fifteen (15) days from the date of the circumstances allegedly justifying the claim. The
City representative may negotiate the claim wHh Contractor and render a decision in writing.
Claims not resolved by the City representative may be appealed to the City Administrator. An
appeal to the City Administrator shall be submitted, in writing, within five (5) working days
from Contractor's receipt of written notice from the City representative that the claim has been
rejected. The City Administrator's decision shall be final. Acceptance of a final contract
payment by Contractor shall constitute a waiver of any further claims by it, except those
previously made in writing and identified by Contractor as unsettled at the time of application for
payment.
22. Notice. Any notice or notices required or permitted to be given pursuant to this
Contract may be personally served on the other party giving such notice or may be served by
Certified Mail, Return Receipt Requested, to the following addresses:
City
City Clerk
Post Office Box CC
Contractor
Steve Locke, Tombleson Incorporated
651 South Sanborn Place,
P.O. Box 1388
Salinas, CA 93901
23. Contractor's License. Contractor warrants and declares that its California
Contractor' s license nwnber 126454 is valid, and that its expiration date is October 31, 2015.
24. Business License. The Contractor's Carmel-by-the-Sea business license
number is _______ ; with an expiration date of ___________ _
25. Attorneys Fees. If either party hereto should bring any suit against the other
party hereto (formal judicial proceeding, mediation or arbitration), for the breach of any term,
covenant, condition or obligation herein contained to be kept, by such other party, for the
recovery of any sum due hereunder, or to recover possession of the premises, or for any
summary action for forfeiture of the Lease or to prevent further violations of any of the terms,
covenants, conditions or obligation, or for any other relief then, and in that event, the case shall
be handled in Monterey County, California, and the prevailing part in such suit or summary
action shall be entitled to a reasonable attorneys fee to be fixed by the judge, mediator or
arbitrator hearing the case and such fee shall be included in the judgment, together with all costs.
Contract
Page 5 of6
Dated: _______ , 2014
Steve Locke
(Typed or Printed Name)
Dated: Altj #t-- '2014

City of Cannel by the Sea
CONTRACTOR

(Signat e)
President
(Title)
e ded By:
;i/&fl)/Prl
CITY OF CARMEL-BY-THE-SEA,
a Municipal Corporation,

Jason Sti well, City Admmtstrator
Contract
P ag e 6 of6
PLANNING COMMlSSON -SPECIAL MEETING MINUTES
NOVEMBER 15, 2012
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members: Dallas, Goodhue, Paterson, LePage,
Reimers
STAFF PRESENT: Marc Wiener, Associate Planner
Leslie Fenton, Administrative Coordinator
II. TOUR OF INSPECTION
The Commissioner toured the following sites: Scenic & Santa Lucia restrooms, Carmel
Dunes area.
III. ROLL CALL
IV. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission members in the pledge of allegiance.
V. ANNOUNCEMENTS/EXTRAORDINARY BUSINESS
None
VI. APPEARANCES
None
VII. ADMINISTRATION
Jason Stilwell, City Administrator, presented the Job Description for the position of
Community Planning & Development Director. Chair Reimers opened the public hearing
at 1:55 p.m. Carl Iverson appeared before the Commission. There being no other
appearances, the public hearing was closed at I :58 p.m.
There was no motion needed for this item, discussion purposes only.
Planning Conunission - Special Meeting Minutes
November 15, 2012
I
VIII. PUBLIC HEARINGS
I. MP 12-1
City of Carmel
Consideration ofDesign Review and Coastal
Development Permit applications for the
construction of a public restroom located in the
Park (P-2), Archaeological Significance
Overlay (AS) and Beach and Riparian Overlay
(BR) Districts.
SW Scenic & Santa Lucia
Marc Wiener, Associate Planner, presented the staff report. Chair Reimers opened the
public hearing at 2:09p.m. Robert Carver, Eric Miller, Carl Iverson, Christopher Clark
Pat Van Kirk and Katie Morganroth appeared before the Commission. There being no
other appearances, the public hearing was closed at 2:25 p.m.
Commissioner LEPAGE moved to approve the application with stafrs Special
Conditions #1-3 and addition of Special Conditions #4- move exterior washbasins
inside; #5 - the north circular wall shall be extended; #6 - move trashcans to the
north side of the walkway; #7- walls shall be battered in appearance where
possible; #8 - west wall shall be extended on both sides, seconded by PATERSON and
carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2. MP 11-9
Paterson, Dallas, Goodhue, LePage, Reimers
None
None
None
City of CarmeVCarmel Garden Club
NW Ocean & San Antonio
Consideration of an amendment to Design
Review and Coastal Development Permit
approvals for a habitat restoration landscape
plan and the installation of three benches and
an interpretative sign for a portion of the North
Dunes of Carmel Beach.
Marc Wiener, Associate Planner, presented the staff report. Chair Reimers opened the
public hearing at 2:56p.m. A representative from the Carmel Garden Club and Missy
Jenson appeared before the Commission. There being no other appearances, the public
hearing was closed at 3:00p.m.
Commissioner LEPAGE moved to approve the application with stafrs Special
Conditions, seconded by PATERSON and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paterson, Dallas, Goodhue, LePage, Reimers
None
None
None
Planning Commission - Special Meeting Minutes
November 15, 2012
2
X. ADJOURNMENT
There being no further business to come before the Commission, the meeting was
adjourned at 3:05p.m.
Leslie Fenton, Administrative Coordinator
ATTEST:
Janet Reimers, Chair
Planning Commission - Special Meeting Minutes
November 15, 2012
3
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MINUTES
REGULAR CITY COUNCIL MEETING
Aprill, 2014
I. CALL TO ORDER
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the
above date at the stated hour of 4:32p.m. Mayor Burnett called the meeting to order.
II. PRESENT: Council Members Beach, Hi1lyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
STAFF PRESENT: Jason Stilwell, City Administrator
Don Freeman, City Attorney
Daryl A. Betancur, Deputy City Clerk
Mike Calhoun, Public Safety Director
Susan Paul, Administrative Services Director
Sharon Friedrichsen, Public Services Director
Rob Mullane, Community Planning & Building Services Director
Janet Bombard, Library Director
III. PLEDGE OF ALLEGIANCE
Council Member Hillyard led the audience in the pledge of allegiance.
IV. EXTRAORDINARY BUSINESS
A. Council Member Recognition: Steve A. Hillyard
Mayor Burnett thanked Council Member Hillyard for his service on City Council and the
Planning Commission and presented him with a plaque from the City.
B. Employee Recognition: Library Reference
City Administrator Jason Stilwell made the presentation to Library Reference and offered
congratulations on this recognition. Janet Bombard, Library Director then introduced some
ofher library staff present and made brief remarks on their services and thanked them.
C. Community Recognition: Bill Leahey -Big Sur Land Trust
Mayor Burnett presented the proclamation to Mr. Leahey and offered congratulations on
this accomplishments, with Mr. Leahey making brief remarks on this award.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND
THE CITY ADMINISTRATOR
A. C:ity attorney, Don Freeman stated that the City Council met in closed session pursuant to
California Government Code Section 54957.6 (a) labor negotiations and that there were no
]
9
announcements for the public.
B. Announcements from City Council members.
Council Member Beach made comments related to letters she received in support of
permanently relocating the Fanners' Market to Devendorf Park. She then spoke about the
trails mapping and connectivity project unifying social trail and that FORA's next citizen' s
trails meeting is scheduled for April I 1, 2014.
Council Member Theis announced the next Hospitality Improvement District (HID) meeting is April
24, 201 4} 3:00p.m. at the Sunset Center.
Mayor Burnett- spoke about the recent MPRWA efforts to hire a value engineering company to
conduct a peer review of the Design Engineering of the Monterey Peninsula Water Supply project to
identifY ways to save costs to get other value out of the project. Working on the Odella water
petition and there will be a community meeting April 2, 2014 whic.h he and Vice Chair Talamage
will attend and will report back.
C. Announcements from City Administrator.
1. City Administrator Stilwell summarized the March 31, 2014 workshop discussing the
waste hauling services contract which will be in effect in 2015.
2. Agenda Forecast- Mr. Stilwell highlighted items that are coming up on future
agendas such as p1astic bags, the Fanner's market, the proposed budget for
hearing jn June, and announced that the City has received recognition for the
efforts. He recognized City Clerk Betancour and thanked him for his service to
the commuruty. He spoke to the upcoming election, announcing the elections
page on the City website, and the schedule for the election night activities.
3. Operation Padre-City Administrator Stilwell asked Tess Arthur to brief the City Council
on the project.
4. 2-1 -1/CAMC Presentation - Ronn Rygg spoke about the program and the partnership
with the Community Assessment for Monterey County.
5. Cannel-by-the-Sea: World' s Third Best Romantic Destination-Travel and Leisure. City
Administrator Stilwell stated that this is good for Cannel as it attracts new visitors which
in turn results in an increase in Transient Occupancy Tax (TOT) revenue.
6. Introduction of new Employees: Michael Bruno, Police Officer.
Public Safety Director Mike Calhoun introduced Mr. Bruno.
7. PG & E Update: Dawn Mathis, PG & E Local Government Relations Contact gave a
brief summary on the success of the PG&E's Open House where they provided the
community with answers to questions; explained how much work is left to be done; and
touched on safety protocols in place. PG & E plans to continue their week1y updates in
the Pine Cone and would like to set up a table outside of the post office for the purpose
of community outreach.
2
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Ross Leverett, Director of PG & E Gas Operations, gave a brief summary on different types
of services and there will be no tapping work until the City can review the Exponent
investigation report.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment
Gary Richard Arnold- made comments relative to the Association of Monterey Bay Area
Government (AMBAG).
Barbara Livingston- announced that the Carmel Residence Association will be holding a debate
discussing water on April, 29 at Sunset Center from 6:00 p.m.-7:30p.m.
Michael Doyle- provided an update on the Scout House.
Barbra Brooks- spoke about the need to take the Ivy off the trees.
Jonathan Sapp- announced his support for the farmers ' market to be pennanently moved to
Devendorf Park.
Jerry Lami- Executive Director of West Coast Fanners' Market- spoke about the success of the
farmers market at Devendorf Park and would like for that to be the future location.
Ian Martin-showed his support for the Farmer' s Market being moved to Devendorf Park because
of the easy access to the location.
Carol Anabie- would like the Council to consider keeping the Farmer' s Market at Devendorf
Park.
Sarah Wood-Editor and Publisher of Edible Monterey Bay- requested that the Fanner' s Market
be moved to Devendorf Park.
Cindy Lloyd- publicly recognized Council Member Hillyard and Chy Clerk Betancur.
Joe Cadelago- Business Manager on behalf of Waste Management- announced the 2'
1
d quarter
spring cleaning pickup.
Mayor Burnett, seeing no additional comments, closed the public comment
VII. CONSENT CALENDAR
Mayor Burnett asked if any counciJ members wished to pull any items. Seeing no request from
Council to pull any items, Mayor Burnett asked if any member of the audience wish to do so.
Sue McCloud requested that items A,D, F and H be pulled for discussion.
A. Ratify Direction Given to Staff Relative to the Facilities Use Plan Workshop.
3
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B. Ratify the Minutes for the Regular Meeting of March 4, 2014.
C. Ratify the Minutes of the Special Meeting of March 18, 2014.
D. Ratified the bi1Js paid for the period of February l- February 28, 2014.
E. Received Monthly Reports.
F. Consideration of Resolution Accepting a Grant from the California State Coastal
Conservancy in the Amount of $150,000 for Construction of the Carmel Beach Restroom.
G. Consideration of a Resolution Authorizing the City Administrator to Adopt an Amendment
to an Existing Contract (ASD-PCS-PCGMB-003-2013-14) with Public Consulting Group
for the Continuation of Technical Help Desk and Information Technology (IT) System
Support in an Amount Not to Exceed $15,000.00.
H. Consideration of a Resolution Awarding a Construction Contract to Tombleson , Inc., the
Lowest Responsible Bidder for the Carmel Beacn Restrooms Project for a Not to Exceed
Amount of $61 9,654; Approving a Not to Exceed Amount of $92,948 for Project
Contingency; and Approve a Budget Adjustment Request.
I . Consideration of a Resolution Authorizing the City Administrator to Execute a
Memorandum ofUnderstanding (MOU) for Data Sharing Among the Cannel-by-the-Sea
Police Department and Law Enforcement Agencies within the South Bay Infonnation
Sharing System (SBISS) South Bay Region Node.
J. Consideration of a Resolution Rescinding Resolution No. 2014-23, and Adopting a
Resolutjon Revising the Salary Range for the City Clerk Classification.
Seeing no other requests, Mayor Burnett entertained a motion to approve items B,C,E,G,I
and J. Vice Mayor TALMAGE moved to approve items B,C,E,G,I and J. Motion
seconded by Mayor BURNETT and carried unanimously.
Mayor Burnett invited public comment on the pulled consent agenda items.
Sue McCloud expressed her concern with the lack of community attendance at the
workshop to provide effective input to staff. She posed a question about item D, related to
the $216,000 fee; commented on item F & H related to the outflow of money.
City Administrator Stilwell stated that charges of $35,000 and $23,000 are related to legal
services associated with employment law and personnel related work; and $11,000 is
related to legal support for the public records program.
There were brief comments by the City Council related to how the records are in paper and
hence the reason why records can' t be retrieved more timely.
Mayor Burnett opened and closed the public comment.
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City Administrator commented on items VII F and VU J. Mr. Stilwell stated that there have
been a number of contracts coming to the council recently that are in further comphance
with the provisions of the municipal code and that these are not necessarily reflective of
additional spending beyond what has been budgeted for.
He further commented that item F is an augmentation of staff in preparation for the arrival
of the building official; that once the building official is on board those functions could be
reexamined.
Mr. Stilwell stated that with respect to item VII J, the focus is to try to attract a professional
City Clerk.
Mayor Burnett opened/closed to public comment on both of these items.
Council Member HILLYARD moved to approve items A, D, F & H from the consent
agenda as presented. Motion seconded by Council Member TALMAGE and carried
unanimously. 1.12.55 video item at motion
VITI. ORDERS OF COUNCIL
A. Consideration of Urgency Ordinance No. 2014-03 of the City Council of the City of
Carmel-by-the-Sea Adopting a Moratorium on Approval of Use Permit for New Wine
Tasting Room Establishments for a Period of 45 days.
Rob Mullane, Community Planning & Building Services Director presented the staff report
and spoke relative to the history, need for current policy to be refined, pending
applications; and action steps.
There were questions and comments from the City Council relative to this item including:
types of licensing, time it will take for staff to revise policy, number of tasting rooms that
hold certain licensing in City, reasons for Planning Commission's support of not haing
moratorium apply to applications deemed as complete; and which were addressed by Mr.
Mullane.
Mayor Burnett opened to public comment
Barbara Livingston and Jack Galante expressed support for a moratorium.
Tom Nash and Jim Heisinger requested that those with completed applications such as
Tudor Winery be allowed to move forward.
Kim Stemler- Executive Director Monterey County Vintners & Growers Association and
Jeffrey Blair- Blair Wines spoke in suppmt for the moratorium, and in support of allowing
those with existing applications to move forward because of all they have already invested.
Seeing no other speakers, Mayor Burnett closed to public commenl
Mr. Mullane answered questions :from the Council.
5
13
There was a significant discussion on this item by the City Council.
Mayor Burnett reopened to public comment.
Barbara Livingston-spoke her disapproval of the type of pending applications to be allowed
to move fozward.
J(jm Stemler-asked for clarity.
Ray Franchonie-asked for clarity on location of wineries for the 02 licensing.
Seeing no other speakers, Mayor Burnett closed public comment again.
Vice Mayor TALMAGE moved to adopt Ordinance No. 2014-03 that applies to all
applications supported by type 02 license that have not been deemed complete.
Motion seconded by Council Member HILLYARD. Motion carried by the following
roll ca11 vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE
& MAYOR BURNETT
COUNCIL MEMBERS: NONE
B. Consideration of an Appeal by of the Planning Commission's Decision to approve a Use
Permit (UP 13-17) to Establish a Re.taiJ Wine Shop with Wine Tasting as an Anci11ary Use in
an Existing Commercial Space Located on San Carlos Street, Three Properties Southeast of
Fifth Avenue, in the C-entral Commercial (CC) Zoning District. The Applicant is Firok
Shield. The Decision is Being Appealed by the Cannel Wine Walk-by-the-Sea.
This item was withdrawn by applicant.
C. Consideration of an Appeal by Christian Tudor of the Planning Commission's Decision to
Deny a Use Permit (UP 14-02) and Commercial Sign Application (SI 14-11) for the
Establishment of a Retail Wine Shop with Wine Tasting as an Ancillary Use in an Existing
Commercial Space Located at the Northwest Corner of Mission Street and Seventh A venue,
in the Centra] Commercial (CC) Zoning District. The Decision is Being Appealed by Tudor
Wines, Inc.
Vice Mayor Talmage recused himself because he lives within 500 feet ofthe subject property
and accordingly left the dais and room. City Attorney Freeman also recused himselfbecause
he owns property within 500 feet of the subject property and he too left the dais and exited the
J"OOffi.
Mr. Mullane presented the staff report speaking relative to the process of this item while
before the Planning Commission; attributes of the project; the newly revised application;
contentions of the appeal and other elements of the project.
6
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Tom Nash, attorney representing the appellants, spoke and presented a case as to why the
appeal should be granted.
Mayor Burnett opened to public comment.
Jack Galante. Celeste White, Barbara Livingston, Carolyn Hardy- spoke in support of denial
of the appeal.
Theresa Bucala, Richie Ruben, David Alexander. Catherine Franchonie - spoke in support of
the project.
Ray Franchonie-offers his services to ease the issue of Tudor wines now coming from
Monterey County.
Kim Stemler-made a comment about the current policy.
Heather Shannon-stated that she would like to put a boutique in the space Tudor Wines plans
Tom Nasb-clarified that he represents Tudor Wine Inc. and states that nothing but Monterey
County Wines wlll be served there. Mr. Nash also discussed what determines if a wine is a
Monterey County Wine.
Seeing no other speakers, Mayor Burnett closed to public comment.
Council Member THEIS moved to remand the project to Planning Commission for
consideration of plans that were not previously reviewed with Council Member BEACH
seconding. Motion carried by the following roll caJl vote:
AYES:

ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEJ\1BERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BEACH, THEIS, AND
MA YORBURNETT
NONE
TALMAGE
NONE
Vice Mayor Talmage and CHy Attorney Freeman retumed to the dias.
The City Council took a brief recess at 7:08p.m., and reconvened at 7:20p.m.
D. Status Report on City Lighting Policy.
Rob Mullane, Community Development and Planning Director presented the staff report
speaking relative to the history of the policy. Mr. Mullane answered questions from Council
relative to the report.
7
15
Jonathan Sapp-reported that the holiday lighting on stores needs to be fully enforced and he
supports the lighting of the median down Ocean Avenue.
Sue McCloud-stated the history of the lighting of the median; lighting was done for
marketing; the costs of the current lighting; and the safety the lighting provides.
Monta Potter, Chamber of Commerce- spoke to the positive impact that the existing lighting
has on the City.
Jim Griffin- also noted his support for the lighting down Ocean and offered his services to
help reduce the intensity of the lighting.
Cindy Lloyd- thanked Mr. Mullane and staff for their code enforcement on the lighting
policy and stated her support to only allow lighting during the holidays.
Barbara Livingston, and Roberta Miller expressed their support for lighting during the holiday
and not year-round.
Richard Kreitman-summarized his support for lighting down the median year-round.
Seeing no other speakers, Mayor Burnett closed to public conunent.
There was an extensive discussion about the City Lighting Policy; lights off on interim
basis; study of the lighting; commercial design guidelines need to be redone and referred back
to the Planning Commission; and requested an estimated cost for median beautification to put
into the Capital Improvement Program and Operations Budget.
No action was taken on this item; the report was received and filed.
E. Discussion of Parking Management Plan and Provide Direction. (Key Initiative)
Mike Calhoun, Public Safety Director, presented the staff report and highlighted three options of
the plan: 1) Extended enforcement of time limits from 6:00 p.m. to 9:00 p.m.; 2) Establish
Parking plan for employees; and 3) Consider a paid on-street parking system.
There were several questions from the City Council related to the plans to which Chief Calhoun
provided a:nswer.s.
Gaston Georis-expressed his support for a parking plan for employees and his disapproval for
extended enforcement of time limits.
Steve Summers, Lucas Austin, Fred Kern-all spoke in support of all options being implemented
together for the most effective results.
Richard .KTeitman and a resident -spoke against extending enforcement of time limits from 6:00
p.m. to 9:00p.m.
8
16
)
Monta Potter- posed questions to the Council on regarding the parking fund, she also suggested
valet parking as an option, and an employee meeting.
Jim Griffin- announced the offering of space for an employee meeting.
Seeing no other speakers, Mayor Burnett closed to public comment.
City Administrator Stilwell tnade comments regarding the parking fund stating the fund is to be
used for parking mitigation. He stated that the parking fund is separate from the CIP. There was
a lengthy discussion about this item with the City Council commenting related to: implementing
several options at once, employee incentives, pilot program, and paid parking as a push to free
spaces up downtown.
Chief Calhoun answered the City Council questions relative to a pilot program.
Council Member BEACH moved to direct staff to start the implementation of the items for
parking management on staff-recommended list, except to modify Option #1 to end at 7
p.m. and for the pilot parking component to include both sides of Ocean Avenue from
Junipero to Monte Verde and for Option #3 to minimize the number and visibility of the
parking machines. Motion seconded by Council Member TALMAGE and carried by the
following roll call vote:
A YES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNClL MEMBERS:
ABSTAIN: COUNCILMEMBERS:
BEACH, HILLYARD, THEIS, TALMAGE
AND MAYOR BURNETT
NONE
NONE
NONE
F. Consideration of Approval of the Annual Hospitality Improvement District (HID) Report
and Annual Council Review of the Assessment.
Council Member Theis recused herself because this item directly affects her and accordingly left
the dais and room.
The staff report was presented by Mr. Stilwell, City Administrator.
Mayor Burnett opened the item to public comment and had no requests to speak.
Council Member TALMAGE moved to receive the Annual Hospitality Improvement
District Report and approve the annual assessment with Council Member BEACH
seconding. Motion carried by the following roll call vote:
AYES: COUNCIL MEMBERS:
BEACH, HILLYARD, TALMAGE, AND
MAYOR BURNETT
NONE
9
17
ABSTAIN: COUNCIL MEMBERS: THEIS
ABSENT: COUNCIL MEMBERS: NONE
Council Member Theis returned to the dias at 10:00 p.m.
G. Consideration of an Ordinance Amending the Carmel-by-the-Sea Municipal Code Making
Revisions to the Building Board of Appeals and Establishing a Process for Hearing Appeals
Related to Compliance with all State and Federal Disabled Access Requirements.
Mr. Mullane presented the staff report including a summary of issues with the current Building
Board of Appeals: 1) narrow requirements of membership; 2) lack of a board; 3) appeals
currently defaulting to Planning Commission.
Fred Kern-addressed the importance ofhaving a Building Board of Appeals.
Mayor Burnett closed to public comment.
Council Member HILLYARD moved to approve the first 1eadin2 of an Ordinance Amending
the Carmel-by-the-Sea Municipal Code making revisions to the Building Board of Appeals and
establishing a process for hearing appeals related to -compliance with all State and Federal
Disabled Access Requirements, except to modify membership to require one licensed engineer
instead of a civil or structural engineer. Motion seconded by Council Member THEIS and
carried by the following roll call vote:
AYES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
BEACH, HILLYARD, THEIS, AND
MAYOR BURNETT
TALMAGE
NONE
NONE
H. Consideration of an Ordinance Amending Title 15 of the Sea Municipal Code
Reflecting the Previous Adoption ofthe 2013 California Ener:gy and Mechanical Codes.
Mayor Burnett opened the item to public comment and had no requests to speak.
Council Member HILLYARD moved to adopt Ordinance Amending Title 15 of the Carmel-by-
the Sea Municipal Code reflecting the previous adoption of the 2013 California Energy and
Mechanical Codes. Motion seconded by Council Member BEACH and carried by the following
roll ca11 vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
10
BEACH, HILLYARD, THEIS, TALMAGE
& MAYOR BURNETT
NONE
18
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IX. FUTURE COUNCIL AGENDA ITEMS
There were no items added for future CHy Council agendas.
X. RECONVENE TO CLOSED SESSION (IF NECESSARY)
XI. ADJOURNMENT
Seeing no further business before the City Council, Mayor Burnett declared the meeting
adjourned at 10:55 p.m.
Respectfully submitted, ATTEST:
Deanna Allen, Jason Burnett, MAYOR
Acting Deputy City CJerk
11
19
MINUTES
REGULAR CITY COUNCIL MEETING
August 6, 2013
I. CALL TO ORDER
II.
The regular meeting of the City Council of the City of Cannel-by-the-Sea, California, was
held on the above date at the stated hour of 4:34 p.m. Vice Mayor Talmage called the
meeting to order.
PRESENT: Council Members Beach, Hillyard, Theis & Vice Mayor Talmage
ABSENT: Mayor Burnett
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Sharon Friedrichsen, Director of Public Services
Marc Wiener, Interim Senior Planner
III. PLEDGE OF ALLEGIANCE
Council Member Theis led the Council and audience in the Pledge of Allegiance.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Pete Poitras
City Administrator Stilwell indicated that Chief Calhoun would be making the
presentation.
B. Community Recognition: Jean White
Vice Mayor Talmage presented the Certificate of Community recogmtton; and
introduced the three co-chairs of the City' s 1 OOth Birthday Anniversary, Barbara
Livingston, Sue McCloud and Merv Sutton. The event is to be held in October 2016,
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS
AND THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
There were no announcements from Closed Session.
B. Announcements from City Council members
1
Vice Mayor Talmage informed the audience that there are a number of street improvement
projects that will take place this fiscal year and next and that people in the community need to
be aware of where this work is going to take place due to potential traffic impacts.
Council Member Beach made brief remarks with respect to measure D funds as they relate to
the street improvement projects.
Council Member Hillyard spoke about the timeliness of the responses to the public records
requests and requested that he would like to see the last three months of public records
requests submitted and their respective status.
C. Announcements from City Administrator.
1. Community Planning & Building Director recruitment update
City Administrator Stilwell summarized the recruitment process for the
Community Planning and Building Director providing specific detail relative to
the elements of the recruiting steps. He stated that Rob Mullane had been chosen
for the position and will be starting on August, 26, 2013.
The City Administrator also provided a brief recap regarding the PG&E workshop
that took place on Monday, August 5, 2013.
D. Report from City Treasurer
City Treasurer Emery presented the report highlighting the following main points:
1) Role of the City Treasurer; 2) Goals of Investment Decisions; 3) Investment
Policies; 4) Cash Flow Management; 5) Available Investments (LAIF & CD's);
6) Current Investment Environment; and 7) A Summary of the City's Financial
Assets.
VI. PUBLIC APPEARANCES
Vice Mayor Talmage opened the meeting to public comment at: 5:10p.m.
Darby Mossworth requested that the City Council put on the agenda a Resolution for an
amendment to the United States Constitution to undo the Supreme Court's Citizens United
Decision of three years ago.
Melissa Heighful student at Carmel Middle School spoke in support of restoring the north
Dunes to their native state.
Lizette Martinez, student at CSUMB, spoke regarding La Playa workers.
Jonathan Sapp, member of the Del Mar Task Force spoke about the North Dunes.
Sandhya Kohler, Founder of the Rice Plus Project, requested that her organization be
allowed to use the Vista Room once a month with the user fees waived.
Mary Liskin, also spoke on the subject of the protection of the North Dunes.
2
Leonard O'Neill, restaurant employee union representative spoke about La Playa workers.
Vice Mayor Talmage, seeing no additional comments, closed the public comment at 5:28
p.m.
City Administrator Stilwell spoke about the update of the Forest Plan and Beach Plan as
we11 as the annual goal-setting process, which takes place every year at the beginning of
the year.
VII. CONSENT CALENDAR
A. Ratified the minutes for the regular meeting of July 2, 2013.
B. Ratified the bills paid for the period of June 16th- June 130th, 2013.
C. Received Monthly Fire and Ambulance reports.
D. Received Monthly Code Compliance update.
E. Considered a Resolution updating the fee schedule for the Regional Development
Impact Fees.
F. Considered a Resolution authorizing the City of Carmel-by-the-Sea to enter into an
automatic aid and mutual aid agreement with American Medical Response (AMR) to
provide ambulance and emergency medical services outside each agency's
respective designated response areas.
G. Considered a Resolution rescinding Resolution No. 2012-78; and adopting
Resolution modifying the regular meeting schedule of the City Council for 2013.
H. Considered a Resolution approving a special event permit for the Carmel-by-the-
Glass event at Devendorf Park on Thursday, September 12, 2013, between the hours
of 5:00 - 8:00 p.m.
I. Considered a Resolution authorizing the establishment of a cooperative purchasing
agreement with the County of San Luis Obispo for a stencil paint truck; awarding a
purchase agreement to Mullahey Ford for the purchase of a stencil paint truck in an
amount not to exceed $94,000; and declaring the existing paint truck as surplus
property.
J. Received and filed an update on the Waste Management Franchise Agreement
scorecard.
K. Considered a Resolution authorizing the City Administrator to execute a
Professional Services Agreement with Government Staffing Services, Inc.,
(MuniTemps) for City Clerk consulting services in an amount not to exceed $25,000.
3
L. Considered a Resolution authorizing the purchase of radios for the Public Services
Department and the Emergency Operations Center as part of the NGEN project.
M. Considered a Resolution authorizing the City Administrator to enter into a Mills-Act
contract with Roy and Kim Scheingart for the historic property located at the
northeast comer of Carpenter Street and Fifth Avenue.
N. Considered a Resolution confirming the City's appointment to the Fort Ord Reuse
Authority (FORA) Board of Directors.
0. Considered a Resolution authorizing the City Administrator to amend an existing
contract with Public Consulting Group (PCG) for services related to the finalization
of the City's 2013 key initiatives; the development of the strategic information
technology plan and interactive government projects and related information
technology consulting services.
P. Considered a Resolution amending the City's Position Classification and Salary Plan
by adopting job descriptions and salary schedules/ranges for the Finance Manager,
the Human Resources Manager and Project Manager.
Q. Approved fee schedule and terms ofwork for on Odella Water Project.
R. Authorized the City Administrator to execute a conflict waiver for Russ McGlothlin
to work on the Odello Water Project.
City Administrator Stilwell indicated the description of the Deputy City Clerk was being
pulled and would be brought back at a later date; and that the language for item VII (K)
regarding the Professional Services Agreement with MuniTemps for City Clerk consulting
services had been modified to include legal language that the City Attorney had
recommended and which MuniTemps has incorporated into the agreement.
Vice Mayor Talmage asked if Council Members wished to pull any other items or if
members of the audience wished to pull any items, seeing none, he entertained a motion to
approve consent calendar items A-0 and Q-R.
Council Member Beach requested that in the future on item VII (D), if the information
could be presented in a different format in terms of adding headings. City Administrator
Stilwell indicated that the format will be changed.
She also stated that on item VII (J), she was not clear as to what the quantifiable measures
of compliance are and was seeking feedback on these items; and on item VII (0) she
wanted to know more about the extension of the agreement and its status.
Vice Mayor Talmage thanked Council Member Beach for agreeing to serve on the FORA
Board as the City' s representative; and that on item R, the signature block needs to be
corrected.
Council Member BEACH moved to approve the Consent Calendar items A-0 and O-
R as presented with the exception of item VII (P). Motion seconded by Council
Member HILLYARD and carried unanimously.
4
Vice Mayor Talmage opened and closed to public comment at 5:33 p.m.
VII. (P) City Administrator Stilwell answered Council's questions.
Vice Mayor Talmage reopened the meeting to public comment on this item at 5:42
p.m.
Barbara Livingston addressed the City Council regarding the Project Manager
position.
Vice Mayor Talmage seeing no additional speakers, closed the meeting to public
comment at 5:47p.m.
Council Member HILLYARD moved to approve item VII {P) with the exception
of the Deputy City Clerk job description, which is to come back to the City
Council for approval. Motion seconded by Council Member BEACH and carried
unanimous! y.
VDI. ORDERS OF COUNCIL
A. Received water settlement agreement update.
Vice Mayor Talmage provided a brief overview of the water settlement agreement.
Vice Mayor Talmage opened the meeting to public comment at 6:02 p.m.
Barbara Livingston thanked those working on this issue for Carmel.
Erl Lagerholm also thanked the Council for the work on this item and thanked Vice
Mayor Talmage for his report.
comment at 6:03p.m.
B. Received Marketing Plan and Report from the Marketing Coalition.
City Administrator Stilwell provided an overview and introduced Jeff Burghardt, the
City's marketing consultant who provided a detailed report.
The marketing report continued with presentations from the following coalition
partners: 1) Monta Potter and Safarina Maluki, representing the Carmel Chamber of
Commerce the Hospitality Improvement District; 2) Christine Sandin, Executive
Director of the Sunset Cultural Center, Inc.; and 3) Tammy Blount, President and
CEO of the Monterey County Convention and Visitors Bureau.
Vice Mayor Talmage opened the meeting to public comment at 7:32p.m.
5
Barbara Livingston expressed concerns that none of the presentations mentioned
anything about ecotourisrn packages. Stated that the new website is terrific; and that
the marketing plan should consider branding the "Village in the Forest by the Sea"
and include beach fire information.
Jeff Burghardt addressed Barbara Livingston' s concerns.
comment at 7:46. He then opened the meeting again to public comment at 7:46p.m.
Roberta Miller inquired as to whether or not the independent theaters are also
included in this marketing plan.
comment at 7:48 p.m.
A short break had been scheduled. Items after break will not start before 6:30 p.m.
The City Council recessed the meeting for a short break at 7:49 p.m. and reconvened
the meeting at 8:02p.m.
C. Considered a Resolution establishing land-use categories for water allocation and
assigning water amount to each category.
March Wiener, Interim Senior Planner, presented the staff report.
Vice Mayor Talmage opened the meeting to public comment at 8:04p.m.
Barbara Livingston addressed Council.
Council Member THEIS moved to approve a Resolution establishing land-use
categories for water allocation and assigning water amounts to each category.
Motion seconded by Council Member BEACH and carried unanimously.
D. Considered a use permit application; water allocation Resolution; and certification of
an initial study/negative declaration for the establishment of an event center at a site
located in the Service Commercial (SC) District.
Vice Mayor Talmage and City Attorney Freeman both recused themselves from the
discussion and left the dais because they live by and own property within 500 feet of
subject property. Council Member Hillyard chaired the meeting for the duration of the
public hearing.
Marc Wiener, Interim Senior Planner, presented staff report.
Marc Wiener, Senior Planner addressed Council questions and provided further
clarification on the code and its requirements.
6
Fred Kern, the applicant representing the Event Center, answered Council's questions
relative to the existing and original condition of the building.
Chair Pro Tern Hillyard opened the meeting to public comment at 8:40 p.m.
Roberta Miller addressed Council.
Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to public
comment at 8:49p.m.
Council Member BEACH moved to adopt findings. Motion seconded by Council
Member THEIS and carried unanimously.
Council Member Theis stated that we need to change whereas at top of 398 and #3
sufficient water for the project (approximately .551 acre feet) .
Chair Pro Tern Hillyard opened the meeting to public comment at 9:00p.m.
Fred Kern, the applicant for the project, addressed the City Council and answered
additional questions.
comment at 9:02p.m.
Council Member THEIS moved to approve changes to the "whereas" at the top of
398 and #3 of the conditions to read sufficient water for the project (approximately
.551 acre feet).Motion seconded by Council Member BEACH and carried
unanimously.
Fred Kern addressed the City Council's concerns.
In summary, on page 394 type #3, prohibit retail events lasting longer than one week
#6. On # 7 applicant shall make a schedule of events available on-line and provide to
the City upon request; and on #13 shall be minor in nature and maintain the
architectural language and integrity of the building and shall require written approval.
Chair Pro Tern Hillyard opened the meeting to public comment at 9:16p.m.
Mr. Kern applicant stated addressed additional Council 's questions.
comment at 9:17p.m.
Council Member BEACH moved to adopt findings of fact with changes #5 and
environmental fmdings and special conditions 3, 6, 7, 13 and 15 changes; and
change #5 on page 392 to .551 acre feet. Motion seconded by Council Member
THEIS and carried unanimously.
7
Following the vote, Vice Mayor Talmage and City Attorney Freeman returned to the
dais at 9:18 p.m.
E. Reviewed and provided direction to staff regarding proposed City Council Report
template.
Heidi Burch, Assistant City Administrator, presented the staff report.
Vice Mayor Talmage opened and closed the meeting to public comment at 9:25p.m.
Direction was given to staff.
F. Adopted Ordinance No. 2013-04 amending Mur:icipal Code Sections 17.42 and 17.43
to revise requirements pertaining to the prevention of Storm Water Pollution. (Second
Reading).
Marc Wiener, Interim Senior Planner, presented the staff report.
Vice Mayor Talmage opened and closed the meeting to public comment at 9:27 p.m
Council Member HILLYARD moved to adopt Ordinance No. 2013-04 amending
Municipal Code Sections 17.42 and 17.43 to revise requirements pertaining to the
prevention of Storm Water Pollution. Motion seconded by Vice Mayor
TALMAGE and carried unanimously.
G. Adopted Ordinance No. 2013-05 amending Municipal Code sections 12.28.060,
12.28.180, 12.28.350, 17.48.060 and 17.48.080 pertaining to tree removal permit
requirements.
Sharon Friedrichsen, Public Services Director, presented the staff report.
Vice Mayor Talmage opened and closed the meeting to public comment at 9:30 p.m
Council Member HILLYARD moved to adopt Or dinance No. 2013-05 amending
Municipal Code Sections 12.28.060, 12.28.180, 12.28.350, 17.48.060 and 17.48.080
pertaining to tree removal permit requirements. Motion seconded by Council
Member BEACH and carried unanimously.
H. Considered an Ordinance adopting and incorporating by reference Ordinance No. 5200
of the County of Monterey, relating to the licensing of tobacco retailers. (First
Reading) .
Marc Wiener, Interim Senior Planner, presented the staff report and introduced
Gonzalo Coronado of the Monterey County Health Department Tobacco Control
Program to further brief the City Council.
Vice Mayor Talmage opened the meeting to pubbc comment at 9:40p.m
Dale Hillard, Chair of the Anti-Tobacco Coalition of Monterey County provided
additional comments on the subject.
8
Vice Mayor Talmage reopened the meeting to public comment at 9:50p.m.
Mr. Coronado made several more comments to answer Council 's questions relatiYe to
the enforcement and purpose of the ordinance.
Council Member BEACH moved to adopt Ordinance 5200 of County of Monterey,
relating to the licensing of tobacco retailers. (First Reading). Motion seconded by
Council Membe1 THEIS and carried by the following vote:
A YES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
IX. FUTURE COUNCIL AGENDA ITEMS
BEACH, THEIS AND TALMAGE
HILLYARD
BURNETT
NONE
Received and filed the Council agenda forecast.
PG & E item and future workshops added to the long-range forecast.
Vice Mayor Talmage opened and closed the meeting to public comment at 9:57 p.m.
X. ADJOURNMENT
Vice Mayor Talmage declared the meeting adjourned at 9:57 p.m.
Respectfully submitted, ATTEST:
JbfAw!
e i ~ i Burch, City Clerk
9

Request No. 2014-87

Information Requested: Would like a copy of every position with salary ranges

POST OFFICE BOX CC
(831) 620-2000

J uly 28, 2014

VIA MAIL to: Steve Morton

Steve Morton
23 Ryan Ranch Road
Monterey, CA. 93940


Dear Mr. Mr. Morton:
The City of Carmel-by-the-Sea (City) received your California Public Records
Act request on J uly 18, 2014 (Records Request). This response is sent on my authority
as City Administrator.
public records in the possession of the City and provide notice of the reasons therefore. The

Very truly yours,

J ason Stilwell
City Administrator


Request No. 2014-88

Information Requested: Please provide letters of engagement and any other sort of
contract related documents that might exist for EXTTI

THOMAS K. PERRY (1904 1971)
DONALD G. FREEMAN
LAW OFF"ICES
Perry and f reema.n
SAN CARLOS 6ETWEEN 7'" AND 8'"
POST OFFICE BOX 805
Carmel-by-the-Sea. Cc1Jifornic1 93921
August 6, 2014
TELEPHONE
AREA CODE 831
6245339
FAX (831) 624 5839
BY E- MAIL
mary@carmelpinecone.com
Mary Schley
The Carmel Pine Cone
Re: Public Records Act Request dated June 24, 2014
Dear Mary:
In response to your Public Records Act request dated June 24,
2014, we are providing the information we have accumulated so far:
REQUEST: Letters of Engagement and any other sort o f
contract-related documents that might exist for:
EXTTI, Inc.; Stradling, Yocca Carlson & Rauth;
Ogletree, Deakins, Nash, Smoak & Stewart; Liebert
Cassidy Whitmore; Kennedy Archer & Harray/Kennedy
Archer & Giffen; Brian Finegan; Miller Starr
Regalia; Brownstein/Hyatt/Farber/Schreck; Sheppard
Mullen Richter & Hampton LLP
RESPONSE: Attached are copies of the letters of engagement
regarding the following firms: Ogletree, Deakins,
Nash, Smoak & Stewart; Sheppard Mullen Richter &
Hampton LLP; Kennedy, Archer & Harray/Kennedy
Archer .& Giffen; Brian Finegan; Miller Starr
Regalia
YET TO BE
PRODUCED: Letters of engagement for: EXTTI, INC.; STRADLING
YOCCA CARLSON & RAUTH; LIEBERT CASSIDY WHITMORE;
BROWNSTEIN/HYATT/FARBER/SCHRECK
REQUEST: How much has each of these firms been paid since
January 1, 2013
Mary Schley
Re: Public Record Act request dated 07/24/14
August 6, 2014
Page 2
RESPONSE: Attached is a page with the total amounts which
have been paid to each of the law firms since
January 1, 2013
We are hoping to provide the rest of the information you
requested no later than Monday, August 11 .
DGF:klg
Sincerely,
Donald G. Freeman
City Attorney
City of City of Carmel-by-the-Sea
Yvette Oblander
-:rom:
Sent:
To:
Cc:
Subject:
Attachments:
Ms. Schley,
Yvette Oblander
Thursday, August 07, 2014 9:00AM
'mary@carmelpinecone.com'
Lori Frontella
PRA Request
response lettter pra-2014-088.pdf
Regards,
w ~ ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
Office- (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
August 6, 2014
POST OFFI CE BOX CC
{831) 620-2000
VIA ELECTRONIC MAIL to: mary@carmelpinecone.com
Dear Ms. Schley:
("CPRA"), the City has detennined that your Records Request seeks disclosable public
; ; ~
I:ori Frontella
Interim City Clerk
\
From : Mary Schley
Subject : Request for letters of engagement/financial information
Hello Jason and Jason,
Per our conversation this morning, please provide me the letters of engagement and any other sort of contract-related
documents that might exist for:
EXITI Inc
Stradling Y occa Carlson & Rauth
Ogletree, Deakins, Nash, Smoak & Stewart
Liebert Cassidy Whitmore
Kennedy Archer & Harray/Kennedy Archer & Giffen
Brian Finegan
Miller Starr Regalia
Brownstein/H yatt/F arber/Schreck
Sheppard Mullen Richter & Hampton LLP
Please also tell me how much each of these firms has been paid since Jan. 1, 2013.
Thank you,
Mary
Mary Schley, reporter
(831) 274-8660
1
PRA 2014-88 - Request for Financial Information
Brownstein $ 2,465.00
Extti $25/535.38
Brian Finegan $26,400.00
Kennedy Archer $47J83.37
Miller St arr Regalia $27/112.75
Ogletree Deakins $9/394.58
Stradl ing/ Yocca etc. $250/953.56
Sheppard Mullen $ 1/103.71
Liebert Cassidy etc. $64/260.44
AGREEMENT FOR SPECIAL SERVICES
--. into between .. :
... }9 il'S: ."City;' -:
.. , ; to as- "Attorney." : . . . . .' :. : _:.::; - ' .: . .' ,, .. .'
.. . . t': . . . . : .; .... .. _ . . . . .
,. : WHEREAS Cit)' h$The peed .to secure expert training .and consulting f;lssi$t.'G.iiy.-in: .. its. ::; .. : . : ... .
. . relations itS :employee organizations; and .: .'
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: . WHEREAS City haS that no less' than twenty (20) public ageno-ie.s:.ln the .. , ;, .: : . I
' .-,. . area havethe same need andhave to enter into 'identiear and . ,:, -:- " :: -' . . .
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WHERPAS Attorney is. specially experieltced and qualified to perform thespecial . .
.. :. . such services; . . . .. .,v .:, .- : < ,-. : .. ;: _.., :?>'i: .. ' .. .. .:.'
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. NOW, THEREFORE, City and Attorney agree as follows:
.. Attorney's.S:erv-ices: ... i ' :!;: .. : ; ; . . :: .. ; .. : . :.;: .. ,,:,-.....: .....

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7:- "'' ... During the year beginning January -1-,<20 12;A'ttorney wi.n:provide-the following .services. to City-{and ... . (.
the other aforesaid public agencies): . . .. . ,,. .
.. ''-... i: Five (Sf aiys ot group., trainihg .. workshops covering . st:rch . eciploymeht relations subjects as
management . rlghtS and obligations, negotiation strategies, 'employment and
action, eJ11ployment._.r.elations from the of. elected
evruuation (administering evaluations), grievance and discipline administration for supervisors and
.. . . f.C!r !<! .
legislative developments in personnel admiriistration and emptoyment relations, -etc., with the specific
subjects covered and lengths of individual workshop presentations to be detennined by City and the
other said local agencies.
It is expressly understood that the material used during these presentations, including . written
handouts and projected power points are provided solely for the contracted workshops. . This
agreement warrants there will be no future use of .Liebert Cassidy Whitmore material -in other
trainings or formats without the expressed written permission of Liebert Cassidy Whitmore. Any
use will constitute a violation of this agreement and. copyright provisions.
2. Availability of Attorney for City to consult by telephone.
3. Providing of a monthly newsletter covering employment relations
,
. :
.'
: .
. . . .. :-",c . . t.c ._, :. I ' . - . .. , . , ., . 1\033 West Centur<Y Boulevard-, F.lod.r:: .. '.. :" ; :,
_ ' . ' ' ., ::: .. . .:. : . Los 9004'5
. T: 981-2.000 ''f: (SlO) 337-0560
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Dear Ms. AIJcn:
. .
. We are yep.r V?i.th the ,Monterey Bay Employment RelatiQ!lS. <: ' '-.' .. ; .- ! . : ' .1-:- -
Consortium. The consortium committee has selected a wide variety of topics for yo1,1r..managers-and.s:uper-VisorsH ' . . ' . . . .
.We are. pleased to -pro:v.ide. th.e cons0rtium:with five full .days of. training, oqr monthly .. . r: ,.
consultation. .. :-., 1 ':
.The workshops .fqr_ t)_le upcoming training.are I isted on .the enclosed planning meeting :We . .. :::. _ . - . :
. . . :.- : ,_, : . ..-: .. ..
.
is _an Specia} Services. Please execute and return a cop)i'to our _office: :: .
' I ' '
Some.mem.hers.hav.a..req.uested.infoonation.r.egarding.auu.ustomize.cl .. training . .We .. pr.ov.ide,training.autside
of the consortium on variety of tOpics, aU of which can be customized to include your policies and procedures. ,
Our current rates for individual training are from $1;600 to $2,000 for a three hour, half-day presel).tation and
$2,500 to $3,000 for a six hour, full-day presentation. The rates vary on which presenter is selected. We
are willi-ng to prov-ide this customi2;ed training for an individual agency or a group of agencies so that the rate can
be pro-rated.
If you have any questions about the consortium or our other training programs, please contact me at (3 1 0)
981-2055 or cweldon@lcwlegal.com. .
. .. .. . .
We thank you for your membership and we look forward to another successful training :

LIEBERT CASSIDY WIDTMORE
BY: SJ \l: CC
Cynthia S. Weldon
Director ofMarketing and Training
Enclosures
L
Retainer Agreement
This agreement is betv. een I:::XTTI, Incorporated and City of Carmel-by-the-Sea (hereinafter
Cl ient"). EXTTI is being retained to provide limited legal services in the fonn of a work}
investi gation. EXTTJ is being retained to conduct an impartial, independent investigation
misconduct allegations made by one of the Client's employees, Ji m Pindgree (hereinafter
Claimant") concerni ng Stuart Ross. These services are being provided to facili tate the rendc
of legal advice by t he Cl icnt' s in-house or outside counsel. EX TTl personnel are not being 1
as advocates for the Client. The Client shall only use the results of the investigation for pr
and lawful purposes and shall comply with all applicable laws, incl uding all labor
employment laws; investigative reporting laws, includi ng the Investigative Consumer Repo
Agencies Act (ICRA); and Fair Credit Reporting Act (FCRA); and all appl icable IaVIs relatiJ
data privacy (including with respect to requests for data made by EXTTI personnel). EXT
being retained to conduct this investigation (hereinafter "the Investigation") under the foli o
terms:
1. The purpose of the Investigation is to attempt to make factual determinations concerni n1
allegations made by the Claimant. The investigation wil l be conducted by EXTTJ persoJ
EXTTJ and its personnel arc being retained as independent contractors and not as emplo
ofthe Client.
2. In order to conduct the investigation, EXTTI wi ll be provided access to the Cli1
employees. In addition, EXTTI will be given access to documents relevant to
investigation requested by its personnel--subject to the Client's obligation to maintai r
privacy of employee records. The Cli ent al so will provide a copy of its relevant perso
policies (including its harassment, discriminati on and retaliation policies when
allegati ons concern such issues) .
3. EXTTJ personnel wi ll conduct those interviews which they deem appropriate accordin
the needs of tht: Investigation. The individual or individuals who raised the allegations
be interviewed (assumi ng they are will ing to be interviewed) so that they may be given a
opportunity to rai se their allegations. The individual or individuals who are alleged to I
committ ed the improper actions wi ll be given a fair opportunity to respond to the all egat
against them.
4. During the course of the Investigation, EXTTI will report to Jeffrey A. Dinkin, Esq. L
completion of the Investigation, EXTTI v.ill provide an oral report of the results of
lm cstigati on. Said oral report will concern EXTTI's factual findings. A wri tten report
recommendati ons will be provided, upon request.
5. Prior to the commencement of the investigation, EXTTI will be given a retainer of I
Thousand Dollars ($5000). For all investigation services rendered, EXTTI will be pai<
XTTJ Retainer Agreement
hourly rate of Two Hundred Fifty Dollars ($250). The investigation will be supervise
and will be conducted under the direction of an attorney. For a ll work supervising
directing the investigation, EXTTI will be paid an hourly rate of Four Hundred De
($400). If translation or private investigative services are needed and if EXIT! retain:
translator or private investigator (as opposed to the Cl ient retaining them), EXTTI "' i
reimbursed its actual cost for those services only. In addition to the above, EXIT! wi
rei mbursed for reasonable out-of-pocket expenses incurred during the investigation inclu
mileage, photo copying, messenger or Federal Express charges, long distance telcp.
charges, etc. lf out-of- town travel is required, EXTTl will be reimbursed for out-of-1
expenses including, coach airfare (first-class airfare for trips of three hours in duratic
longer), hotels, taxis, car rentals, meals, etc. A detailed listing of costs and fees wi
submitted on a monthly basis and wil l be paid in fu ll by the Client within thirty da)
recei pt. EXTTI reserves the right to charge interest at the rate of 12%
annum for all bill s not paid within this 30 day time frame.
6. Given the sensi tive nature of the investigation, it is understood that EXIT! personnel wil
disclose to anyone (outside: of EXTri) any facts relating to the investigation--except: (
the Cl ient's representative (delineated in paragraph 4 above), to any other design
representatives of the Client, or to anyone else as authorized by the Client; (2) to 01
involved in the investigati on--but only to the extent necessary to conduct the investiga
(3) to others as required by law.
7. If there is a proceeding in which testimony of EXIT! personnel is required, said perso
will provide complete and truthfu l testimony. EX'JT I personnel will be paid at the
delineated in paragraph 5 above both to prepare for such testi mony and to testif)
testimony is required, EXTTJ retains the right to hire legal counsel with respect to
services relating to such testimony. The Client will be responsible for payment of such I
counsel at that counsel ' s usua l and customary rate but in no event greater than 90% o1
rate the Cli ent is paying for the senior-most counsel involved in representing the Client ir
matter m which the testimony ofEXTTI personnel is required.
8. EXTT1 personnel must be able to seek out and support their conclusi ons without con
about being possible defendants in a lawsuit. Accordingly, if as a result of serv
perf01med or findings made by any EXTTI personnel relaring to the investigati on, EXTJ
its personnel (whether employees or independent contractors of EXTTI) are namec
defendants (or respondents, charged parties, or parties of any sort) in any legal action,
Client will provide a defense at its expense through its legal counse.l or, at EXT
di scretion, wi l l provide reimbursement for legal counsel chosen by EXTTJ. The Client
will indemnify and hold EXTTT and its personnel (whether employees or indepenr
contractors) with respect to any judgment entered against them or any scttlen
Agreement (approved in advance by the Client) that is entered into. This paragraph docs
apply to any allegations brought by the Client, against EXTTI or its personnel.
9. EXIT! hereby advises Client that EXTTI carries a current insurance policy for errors
omissions insurance coverage.
EXIT/ Retain.:r Agreerne111
I 0. Should any dispute arise between the parties hereto, it will be resolved through bin
arbitration in accordance v. ith the JAMS Comprehensive Arbitration Rules and Proccd
Any arbitration proceedings will be filed and heard in Los Angeles, California.
prevailing party shall be entitled to costs and reasonabl e attorney's fees.
II . The relationship betv.een EXTTJ and the Client will end once a final repo1t is del ivcre<
testimony is required, the relationship will be in effect again--until such testimony has
completed.
12. If any provision of this Agreement is deemed unenforceable, the remaining provisions wi
given full force and effect.
13. This Agreement will be governed by and construed, interpreted, applied, and enfo
according to the laws of California, including California law relating to choice of law.
14. This Agreement may be in sub-parts and may be transmitted by email and/or telec
15. This Agreement consti tutes the entire agreement between the parties relating to the sui
matters set forth herei n. It only may be modified by a Vv'litten agreement, signed by an A
of EXTTI and the Client.
For EXTTI, Incorporated: (Tax ID 95-4685649)
Michael A Robbins. Esg.
Dated: January 16, 2014 President
For The Client:
7
Print Name: Jet'-;:.(-._ ->h 1 (
Dated:
1
j;&, /7C>I'{
I P
Title: c, f y A ) '. 1-c -
Professional Consulting Legal Services Agreement- CPB-PSA-Finegan-001-13
AGREEMENT FOR PROFESSIONAL CONSULTING LEGAL SERVICES
THIS AGREEMENT is entered into on this q \"'. day of f\v.-;)v-<;,-\: 2013, by
and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY")
and Brian Finegan. Attorney at Law, hereinafter referred to as "CONSULTANT".
W I TNESSETH
WHEREAS, the CITY is interested in specialized Legal consulting services
regarding the Events Center Project ; and
WHEREAS, the CITY desires to retain the services of a qualifi ed attorney to
represent the City of Carmel-by-the-Sea in connection with the Events Center Project;
and
WHEREAS, CONSULTANT represents that Brian Finegan is qualified to perform
the services under this Agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULT ANT shall perform legal consulting services described and set
forth in Exhibit "A" (February 15, 2013 Letter) attached hereto and incorporated herein
by this reference.
Said services and all duties incidental or necessary thereto shall be
performed diligently and competently and in accordance with professional standards of
performance.
2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with this
agreement an amount not to exceed $25,000.
B. Payment of the invoice for services rendered will be made after the
acceptance and approval by the CITY and within thirty (30) days of receipt
by the CITY of such invoice. The CONSULTANT'S invoices shall be
itemized detailing the service provided and the amount of time taken.
3. OWNERSHIP OF WORK PRODUCT
A. Ownership of any reports, data, studies. surveys, charts, maps, figures.
photographs, memoranda, and any other documents which are developed, compiled, or
1
produced as a result of this Agreement, whether or not completed, shall vest with the
CITY.
B. Methodology, materials, software, logic and systems developed under this
Agreement are the property of CONSULTANT and the CITY, and may be used as
CONSULTANT and/or the CITY see fit , including the right to revise or publish the same
without limitation.
4. GENERAL ADMINISTRATION AND MANAGEMENT
A. The Community Planning and Building Director or designee for the CITY
shall have the primary admin1strat1ve responsibility for the CITY under this Agreement,
and shall review and approve CONSULT ANT's invoices to the CITY under this
Agreement.
B. The Community Planning and Building Director or designee for the CITY
shall have pnmary responsrbility for overseeing and directing CONSULTANT's
preparation of the Scope of Services, and shall coordinate all communications with
CONSULTANT from the CITY.
5. COMPLETION DATE
A. CONSULTANT shall make every reasonable effort to complete the Events
Center Project in June 2013.
B. CONSULTANT will diligently proceed with the work contracted for, but 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 Agreement.
6. SUSPENSION/TERMINATION OF AGREEMENT
A. The right is reserved by the CITY or CONSULTANT to terminate or
suspend this Agreement with or without cause at any time by giving thirty (30) day's
written notice to the other party. In that event, all finished or unfinished documents,
date, studies, surveys, drawings, maps, models, photographs and reports, or other
material prepared by CONSULTANT pursuant to this Agreement shall be delivered to
the CITY; and CONSULTANT shall be entitled to receive just and equitable
compensation for any satisfactory work completed on the project prior to the date of
suspension or termination.
7. ASSIGNMENT
A. This Agreement may not be assrgned or otherwise transferred by either
party hereto without the prior written consent of the other party.
2
8. ADDITIONAL SERVICES
A. CONSULTANT may be requested to perform additional services beyond
the original Scope of Servtces as defined in Exhibit "A". Such additional services
include those due to abnormal conditions beyond CONSULTANT's control, changes in
phasing, time delays, changes in scope or requirements on the part of others and
services necessitated by legal challenge of the Plan. Such work will be undertaken only
upon written authorization of the CITY based upon an agreed amount of compensation.
9. NON-DISCRIMINATION/AFFIRMATIVE ACTION
A. CONSULT ANT will not discrimrnate 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
qualification. 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 origtn, mantal status, physical or other motor
handicap.
10. HOLD HARMLESS
A. CONSULTANT agrees to hold harmless the CITY, its public officials,
officers and employees from any loss, damage or liability arising directly from any
negligent act or omission by CONSULTANT. CONSULTANT shall not be responsible
for any loss, damage or liability arising from any act or omission by the CITY, its agents,
staff, other consultants. independent contractors, third parties or others working on the
project that have not been hired by CONSULTANT and over which CONSULTANT has
no supervision or control.
11. INSURANCE
A. CONSULTANT shall submit and maintain in full force all insurances described
herein. Without altering or limiting CONSULTANT's duty to ind.emnify,
CONSULTANT shall maintain in effect throughout the term of this Agreement a
policy or policies of insurance with the following minimum limits of liability:
B. Professional Liability Insurance - CONSULTANT shall maintam in effect
throughout the term of this Agreement professional liability insurance with the
limits of not less than $1 ,000,000 per claim and $2,000,000 in the aggregate.
C. Workers' Compensation Insurance - If CONSULTANT employs others in the
performance of this Agreement, CONSULTANT shall maintain workers
compensation insuarance in accordance with California Labor Code section 3700
and a mmimum of $100,000 per occurrence for employers liability.
3
12. INDEPENDENT CONTRACTOR
A. CONSULTANT is, and shall be at all times during the term of this
Agreement, an independent contractor.
13. CONFLICTS OF INTEREST
A CONSULT ANT shall at all time avoid conflicts of interest, or the
appearance of conflicts of interest, in the performance of this Agreement.
CONSULTANT shall file statements of financial interest, on forms provided by the CITY,
to the extent and at the times required by the CITY's Conflict of Interest Code and
applicable law.
B. During the term of this Agreement, CONSULTANT shall conduct city
related communications with non-governmental groups, agencies, or individuals,
exclusively through the CITY.
14. NOTICES
A. Any notice to be given to the parties hereunder shall be addressed as
follows (until notice of a different address is given to the parties):
THE CITY
CONSULTANT:
Jason Stilwell , City Administrator
PO Box CC
Carmel , CA 93921
Community Planning and Building Director
PO Box CC
Carmel, CA 93921
Brian Finegan
A Professional Corporation
Attorney at Law
Sixty West Alisal Street, Suite 1
Post Office Box 2058
Salinas, California 93902
Any and all notices or other communications required or permitted relative
to this Agreement shall be in writing and shall be deemed duly served and given when
personally delivered to either of the parties, CONSULTANT or the CITY, to whom it is
directed; or in lieu of such personal service, when deposited in the United States mail,
first class, postage prepaid, addressed to CONSULTANT or to the CITY at the
addresses set forth above.
4
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other party in the manner provided for in
the preceding paragraph.
15. ATTORNEY'S FEES AND COURT VENUE
A. Should either party to this Agreement bring legal action against the other,
(formal judicial proceedrng, mediation or arbitration), the case shall be handled in
Monterey County, California, and the party prevailing in such action shall be entrtled 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.
5
16. AGREEMENT CONTAINS ALL UNDERSTANDINGS: AMENDMENT
A This document represents the entire and integrated Agreement between
the CITY and CONSULTANT, and supersedes all prior negotiations, representations
and agreements, either written or oral.
17. GOVERNING LAW
A. This Agreement shall be governed by the laws of the State of California.
18. SEVERABILITY
A If any term of this Agreement is held invalid by a court of competent
jurisdiction the remainder of this Agreement shall remain in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first hereinabove written.
CITY
~ .
By: / ~ ~ ___ r _- ------------
By:
McNc \rJ IU'\ 1(_(
CITY
By ..;;::: r-i-
By:
: ; N s ~
Its:
----------------------
6
Exhibit "A"
RRl ,\)\ Fr..l.'rF.GA)-1
f\. P w1H 1
t ..-t 1
Stxn AW:f>A.l. S TREET. Snn : 1
l ' e>-'>"r Ol-Ft CIJ. Box :.l05 H
<;_.., l lNAI". C ALl
February 15, 2013
City of Carmel -by-the- Sea
Post Office Drawer G
Carmel-by-the-Sea. California 93921
Attention. Marc Wiener
Re Events Center Project
Dear Mr. Wiener:
.'\.Jd!.\ C.:OfiB 0 0:1
S .. 1' t-:t .. hJ
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TFt.F.l'lH).:-.1 1 ....,fl
P\.t.:.!-iJ),l. Ll; 7"-.70324"'\
EHA 1 t.
I apprectate the opportun1ty to represent the City of Carmel-by-the-Sea in
connection wtfh the proposed Events Center Project (UP 11-20) (the "Project").
The purpose of this letter is to confirm the scope and terms of my engagement.
The Project consists of an event center t hat would provide a venue for
special events at the subject property (Block 91, Lots 2, 4, 6 and 8) on a regular
basis. The applicant has indicated that the activities would likely include
meeti ngs, conferences, wedding receptions. cooking demonstrations, hands-on
classes. retail shows. etc. The applicant has not indicated the anticipated
number of days per month that the site would be used for hosting events. The
Project requ1res the issuance of a conditional use permit.
One of the major issues tn connection w1th the Project is the request by
the applicant for the City to make available to the Project 1 071 acre feet of the
Crty's potable water allocatton. My task wrll be to review the htstory of the water
allocation for the subject property, and advise the City staff with respect to t he
legal 1ssues related to the requested transfer
The requested water transfer and the proposed conditional use permit
constitute a "proJect" as defined by CEQA My task will be to analyze the Project
for CEQA compliance and to advise City staff wi th respect to t he appropnate
CEOA docurnentatron (including any requtred frndings) to ensure that the process
complies with the requrrements of CEQA.
Page 2
February 15, 2013
Ftna!ly. I am to be available to respond to any other legal questions related
to the ProJect as may be assigned from t1me to ttme by the City staff.
Just as I will need to learn a great deal more about the Project in order to
prov1de you with the legal adv1se you request . you should know how my office
operates to serve you
There are two lawyers tn my office. myself and Michael Harrington. Unless
we expressly discuss otllerv.,ise, I will be responsible tor all of the legal work on
your behalf Phyllis Lane is my office assrstant and manages my appointment and
hearing calendar Her many years of experience make it possible for me to g1ve
better servrce to our clients, and I rely heavily upon her to assist in providing
thorough and efficient service Because of th1s. you will find that I may sometimes
have Phyllis contact you or work with you on your matter. All appointments should
be arranged through Phyllis.
To keep you informed of the work I arn doing for you, I will send you e1ther
by regular mail or electron1cally copies of letters and other papers I receive and
send out. The copies w11l usually indicate that they are for your information and
comment. Please call me 1f you have any comments on such material. I presume
1t is correct unless you tell me otherwise. I send thts material to you so that you can
be lully mformed as to the progress on your matter. and so that I can have the
benefit of your observations and comments
I do want to keep in close communication with you, but I hope that you will
understand that I am not always at liberty to accept telephone calls or to see you
without an appomtment As you know. most of a la\1\,yer's work is done in the
client's absence. Letters must be written. oocuments drafted. law researched.
heanngs prepared and many other thmgs a one that reqwre unmterrupted pe1 iods of
time.
J try to return alllelephone calrs as soon as possible. but because my
practice 1\eeps me out of the office for extended penods of time, I will not always be
able to return calls the same day. Please feel free to t alk to Phyllis tor she can
frequently supply informatton you may need or arrange to get an urgent message to
me E-mail ts often the most effect1ve way to contact me and to transmit and
receive documents pertami ng to your matter. My e-mail address is in my
letterhead.
My fee for services With respect to your matter will be biiled on an hourly
hasis. My current hourly rate is $425.00 per hour. Michael Harrington's hourly rate
is 5250.00 per hour should he work on your project. You will receive a monthly bill
that Itemizes all of our serv1ces related to your matter. Please do not hesitate to
contact me Jf you have any questions about any item on the bill ing.
Page 3 February 15, 2013
You have ne right t o terminate our representation at any time with or wi thout
cause by notifying me in writing of your desire to do so. Upon receipt of the notice
to terminate representation. I will stop all legal work on your behalf imrrtediately.
I may terminate our representation at any hme if there arises any fact or
circumstance that would, in my opinion, render rny cont1nued representation
unlawful, unethical , or otherv.;ise inappropriate In the case of termination by e1ther
party, you WJ!l be responsible for paying all legal fees and costs incurred on your
behalf up to the date of termination
Thank you for giving me the opportunity to serve the City of Carmel-by-the-
Sea. I hope to earn your respect and sat1sfac1ion, and to justify the pride I have n
my office and 1n my staff.
If this letter accurately reflects the terms of my engagement. please
countersign tile enclosed cooy and return it to me 1n the envelope provided.

Bnan F1negan
CONFIRMATION OF TERMS
The foregoing accurately reflects the terms of your engagement. The
terms of your engagement are hereby accepted, and the City of Carmel-by-the-
Sea agrees to pay for your services in accordance with the terms of this letter .
Dated February __ , 2013
CI TY OF CARMEL-BY-THE-SEA
By:
- ----
... '
. (
KENNEDY, ARCHER '& 1-IARRAY
A Pr of ess ional Cor por ati o n
O..:t0bcr 27, 2009
Donald 0. Freeman
C amtd-by-the-Sea
i'.U. 1),_,,, X05
Re: The Flanders Foundation v City ofCarmd-by-the-Sea
Monterey County Superior Court No. M99437
Our File No.: 50012.06374
Dear Mr. Freeman:
Attorneys al Law
24591 Silver Cloud Coun
Suite 200
Mc>ntercy, California 93940
Tel 1031) 373-7500
fllx(831) 373-7555
Smder 's e-mail:
rhan11y !J;bhlaw.net
Thank you l'or giving Kennedy, Archer & !lam:) the opportunily t0 provide service
to the Cit) of(a,mel-by-the-Sen (the ''City'') in <:!mncc.tion with the dd(:nsc ofche City in the
lnwsuit tik<.l by Tht! Flanders Foundation (the "Action'',;. The limt ' s clit!nt in rhis matter is
and shall be the City. We have not been engaged to ac( as counsel for, or to assumo.! any duties
toward. any other defendant in the Action or other affil iated or !'elated matter, including City
agents or employees. If, in connection with the discharge of the our responsibilities to the City,
we consult with any such person or entity, that will not t::reate any attorney-client relationship
between us and that person or entity, though such communications will fall within the scope of
the privilege between us and the City to the extent applicable law permits. The creation of any
attomey-client relationship between any affiliated or related pHrty and our firm will require an
written ag!'eement to that effect
fhis letter IS to confirm the general nature of our lirrn representation procedures,
and to explain tht: ices nod charges which relate to onr iegal representation.
Our hourly rates are as follows for th1s matter.
Rick Harray and Stuart Home
Law Clerk Christian Brann
and Legal Assistants:
$235.00
$150.00 .
$ 90.00
IJonald G. Freeman
October 27, 2009
Page 2
As we discussed, I will be the primary attorney involved in handling this matter. I will bill
my time at the rate of $235.00 per hour. To the extent that Stuart Home is involved, he will bill
his time at $235.00 per hour. We may have research done by our law clerk. Chris Brann, who is
admitted in Colorado and awaiting the California Bar. Paralegals will biil at the rat!! of$90.00
per hour. We arc happy to discuss our billings with you al any and will welcome the
opportunity to address any questions you may have.
We charge for all activities undertaken in providing legal servires, induding but not
limited to preparation for and participation at conferences, meetings, and court sessions; review
and preparation of correspondence and leg;tl documents; legal research; factual investigation;
telephone conversations: and travel and waiting time. Activities that n!quirc the presence of
more tilun me attomcy from our firm are ch<1rged for att&!!->t:!'"> are kept to
a minimum without specific client approval.
In addition to fees for legal service, you will be charged for costs incurred in connection
with our representation. Costs include, but are not limited to, travel costs, long-distance
telephone charges, messenger service fees, photocopying expenses, facsimile charges, postage
and express mail fees, and charges by governmental agencies or other third parties. A schedule
ofour current charges and fees for some of the more common cost items is attached. Costs are
: genera!Jy advanced by the finn and then billed. However, if during the course of our
r representation of the City. it becomes necessary for this firm to arrange for the services of experts
consultants. or to incur other major expenses on your behall: we will arrange to have those
charges billed directly to the City unless other arrangements are agreed to between us. Even if
advance costs or expenses charged by others, the City is obligated to reimburse us for such
expenses in a timely manner.
Statements are generally sent monthly, indicating attorney fees for services, and costs
incurred by the fitm and advanced on your behalf, together with any current balance due. If fees
or costs for a particular month are minimal, and there is no outstanding balance, the statement
may be held and combined with that for the following month, unless a statement is requested by
y0u .. 30
Unless previously terminated, our representation of the City will terminate upon our
sending you our final statement for services rendered in this matter. Following such termination,
your papers and property will be returned to you. Our own files pertaining to the matter will be
retained by the finn. These finn files include, for example, firm administrative records, time and
expense reports, personnel and staffing materials, credit and accounting records, and internal
lawyers' work products such as drafts, notes and internal memoranda. For various reasons,
including the minimization of unnecessary storage expenses, we reserve the right to destroy or
otherwist! dispose of any such documents or other materials retained by us at any time folio win
the termination of the engagement.
o'onald G. Freeman
October 27, 2009
Page 3
One of the purposes of this letter is to comply with the requirement of California law with
respect to a written agreement to our finn's representation and fees. In order to enable us to fully
comply with this provision, please indicate agreement with the terms of this letter by signing the
enclosed copy in the space provided below, and returning it to me at your earliest convenience.
Please do not hesitate to call me \\'ith any questions or concerns. Once again, we
appreciate your confidence in Kennedy, Archer & Harray and look forward to working with the
City to bring this matter to a successful conclusion.
Thank you for your confidence in considering Kennedy, Archer & Harray. and for the
opponunity to provioc kgul to you.
RKH/dcj
Enclosure
cc: Rich Guillen
Very truly yours,
ER&HARRAY
Richard K. Harray
CLIENT ACKNOWLEDGMENT AND AGREEMENT
rr!lding the r.bt:wt> ;=md agrees to
by Kennedy, Archer & Harray upon the tenns and conditions set forth therein.
for City of Carmel-by-the-Sea
(
SCHEDULE OF COSTS AND CHARGES
Postage:
Courier Delivery:
Telephone Charges for
Telephone and Facsimile:
Photocopying:
Facsimile: Outgoing-
rncoming ..
Messenger Delivery:
Computer Assisted Research (Lexis):
Court Fees:
Automobile Travel:
Travel, Lodging & Meals
on Client Business:
Cost
Cost charged by courier
Cost charged by long distance carrier
20 per page
$1 .00 per page
No charge
Cost charged by messenger service
Cost charged by provider
Cost charged by court
Amount specified by IRS regulation
(currently 55 per mile)
Cost
.. .
MILLER STARR
REGALIA
June 12, 2013
VIA EMAIL
Jason Stilwell
City Administrator
P. 0. Box CC
Re: Engagement of Miller Starr Regalia
Dear Jason:
1331 N. Cali fornia Blvd.
Fifth Floor
Walnut Creek, CA 94596
Wil son F. Wendt
Wlson.wendt@msrlegat.com
We are pleased that the City of Carmel-by-the Sea (the "City") has decided to
engage Miller Starr Regalia to assist the City in negotiating, drafting and
implementing lease arrangements for the Flanders Mansion.
T 925 935 9400
F 925 933 4126
www.msrl egal.com
My colleagues and I look forward to working with you in connection with this matter.
We believe that candid communication between us is essential and we wtll welcome
any suggestions you may have at any time as to how we might better be of service.
Section 6148 of the California Business & Professions Code and our firm policy
require that we furnish this written agreement covering the legal services we
anticipate providtng to the City. After you have reviewed this letter agreement,
please call me with any questions you may have. If the terms and conditions set
forth below are agreeable to the City, please sign, date and return a copy to me.
Client
We understand that our client wiff be the City of Carmel-by-the-Sea, a municipal
corporation and that our primary reporting contact will be you, the City Administrator.
Scope of Representation
JoAnne Dunec, Gene Miller and I will have principal responsibility for representing
the City in this matter, but I may utilize other attorneys and legal assistants from
time to time. We will be avai lable for consultation consistent with normal business
practices and ask that you be reasonably available to confer with me as required.
Offices: Walnut Creek I Palo Alto WFW\999UG\903078.2
Jason Stilwell
June 12, 2013
Page 2
Our services in this matter will pnmarily involve analyzing the proposals received for
leasing of the Flanders Mansion and assisting the City in prepanng appropriate
lease documents to effect the letting of the property, if appropriate. In doing so, we
will assist in performing due diligence on the financial abilities of the applicants and
in drafting a lease to protect the City's interests. This engagement does not Include
any f ilings or appearances in any litigation, arbitration or other proceeding that may
now or in the future be filed by or against the City, and a separate retainer and
engagement agreement would be requi red before we can undertake to represent
you in any such proceedings.
Fees and Costs
We have agreed to assess our hourl y rate for municipal work of $300 per hour on
this matter.
Each of our attorneys and paralegals maintains detailed time records of services
performed. This will result in a monthly billing statement showing, on a daily basis,
work performed, by whom, the time spent on each item, and the total amount
charged.
You may request a bill from us at any time and we will provide one within 10 days.
You are entitled to make such requests at intervals of not less than 30 days
following the ini!ial request.
Once again, we appreciate the opportunity to be of service, and look forward to
working with you on this matter.
Very truly yours,
City of Carmel-by-the-Sea hereby agrees to retain Miller Starr Regalia on the
foregoing terms.
Dated: ;:j ; 7 I
1
3 CITY OF CARMEL-BY-THE-SEA
By:
Its:
7 I;; }'
t> ;
WFW\999991903076 2
MILLER STARR
REGALIA
June 12, 2013
VIA EMAIL
Jason Stilwell
City Administrator
Ctty of Carmel-by-the Sea
P. 0 . Box CC
1331 N. California Blvd.
Fifth Fl oor
Walnut Creek, CA 94596
Wilson F. Wendt
wilson wendt@msrlegal.com
Re: Miller Starr Regalia Provisi on of Legal Services for Leasing of Flanders
Mansion
Dear Jason:
T 825 935 9400
F e25 933 4126
www.msrl egal.com
Don Freeman called on Monday and wanted some changes to our retention letter
which I have, I bel ieve, accomplished. I am enclosing a copy of the revised
engagement letter and asking that you execute a copy and return it to us
electronically. I removed all of the provisions relati ng to cost recovery and
compensation for things other than the $300 per hour fee for attorney's fees and
took out the arbitration provision.
I am sending a copy of this Jetter and the retention agreement to Don for his review.
We have put together some bullet points on how we think you should proceed from
here and I will send those to you tomorrow and call to set a meeting.
ly yours,
WFW:]
Enclosure
cc: Donald G. Freeman
Eugene H. Miller
JoAnne Dunec
Offices: Walnut Creek I Palo Alto WFW\99999\905035.1
Ogletree
Deakins
Roben /\. Jones
415.536.3425
robcrt.jonesq)oglctrcedcakins.com
Via E-Mail and First Class Mail
Ms. Susan Paul
Administrative Services Director
P.O. Box CC
Carmel -by-the-Sea, CA 93921
RE: Letter of Engagement
Dear Ms. Paul:
December 23, 20 13
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, J>.C.
Attorneys at Law
Steuart Tower, Suite 1300
One Market Plaza
San Francisco, CA 94 !05
Telephone: 415.442 48 I 0
Facsi mi le: 4 15.442.4870
www.oglctrc:edeakins.com
We arc pleased to have the opportunity to be of service to Cannel-by-the-Sea. We look
forward to working with you and will do our best to provide the highest quality legal services in
a responsiYe, efficient manner.
Fundamental to a sound relationship is a clear understanding of the tem1s and conditions
upon which we will be providing legal services. Accordingly, the purpose of this Jetter is to
clarify and confirm these terms and conditions.
Scope of Services. We have been Gsked to act as legal counsel to Skelly officers and
other City representatives in hearings and similar proceedings.
You acknowledge that we are not your general counsel and that our acceptance of this
engagement docs not involve an undertaking to represent you or your interests in any matter
other than that described above. Furthermore, you acknowledge that our representation does not
entail a continuing obligation to advise you concerning subsequent legal developments that
might have a bearing on your affairs generally or, after the completion of the matter as to which
we are representing you, subsequent legal developments related to or that might have a bearing
on that matter.
Staffing. I will be the attorney primarily responsible for the representation. When
questions or comments arise about our services, staffing, billings, or other aspects of our
. \ri:tnr:a Au..'n' &-rl:n (Gcm1 ...ny) Birrni:>gl-.am 8r>;ro.1 ChlOO.tun Owlotte 01ic.*' C.'k., .. :and Cc.lurllbi:l Ollhs Duwo
l.Jcll"Oit GnuwiJ<. l {Ot,1on )ock.'l011 K.m."'-> Cit, \ cgas l . .nndon l..o; Arlli<S Memphis
ll!=rowu N:c1willc New Ot:J..:.m; New Y<Jffi City C>ntnn>e Count) Pi.i:::.lc!pfr-1 Phwu.x l'ittsbutp)t
l'ortl.'ld R:ut'gh Jljdl!l"lVnd St Louis St "l horn'IS &U1 i\nrorun SM Die)-'0 SJJ1 Fmncisco &;unforu Tatrll1tl! 'J 'ua;on \X'ashn1gron
Ms. Susan Paul
December 23, 2013
Page 2
OgJetret
Deakins
representation, please contact me. My direct telephone number is (415) 536-3425. It is important
that you are satisfied with our services and responsiYeness at all times.
We intend to provide quality legal services in an efficient, economical manner. This may
necessitate involving other firm attorneys with the requisite expertise, and paralegals, who are
not attorneys but are experienced in the preparation of documents and the completion of various
tasks.
ResponsibiHties. In reliance upon information and guidance provided by you, we will
provide legal counsel and assistance to you in accordance with thi s letter, keep you reasonably
informed of progress and developments, and respond to your inquiries.
To enable us effect ively to render these services. you agree to cooperate fully with us in
all areas relating to the above described matter, to fully and accurately disclose to us all facts that
may be relevant to the matter or that we may otherwise request, and to keep us apprised of
developments relating to the matter.
Ei ther at the beginning or during the course of our representation, we may express our
opinions or beliefs concerning the m t t ~ r or various courses of action and the results that might
be anticipated. Any such statement made by any member or employee of our firm is intended to
be an expression of opinion only, based on information available to us at the time, and must not
be construed by you as a promise or guarantee of any particular result. No guarantees are
possible in matters such as this.
Fees, Disbursements, and Other Charges. Our fees will be based on the amount of
time spent by me on your matter. The rate multiplied by the time spent on your behalf, measured
in tenths of an hour, v.ill be the basis for determining the fee. My current regular billing rate is
$590 an hour. Hov.ever, with respect to only the above described matter, my hourly rate wi ll be
$395. In this matter only, I will not bill for time I spend traveling to Carmel-by-the-Sea.
In addition to our fees, we will expect payment for disbursements and other charges as
described in the General Provisions enclosed with this letter. Included in such charges will be
reasonably appropriate lodging on the night prior to any day in which the above described Skell y
legal representation is provided.
Each month we will furni sh you with a statement describing our services rendered and
separately showing disbursements and other charges in a format and with such detail as you and
we may agree. There often is an unavoidable delay in reporting disbursements and other charges,
and therefore not all disbursements and charges may be billed at the same time as the related
legal scnices.
General Provisions. Enclosed is a statement entitled General Provisions setting forth
additional terms and conditions, which are incorporated into this letter and apply to our
representation to the extent not expressly inconsistent with this letter.
Ms. Susan Paul
December 23, 2013
Page 3
Oglebtet
Deakins
If this letter correctly reflects your understanding of the terms and conditions of our
representation, please confirm your acceptance by signing the enclosed copy in the space
provided below and return it to me. Upon your acceptance, if any of the agreed to representation
has been provided, these terms and conditions will apply retroactively to the date we first
performed services on your behalf. If this letter is not signed and returned, you will be obligated
to pay us the reasonable value of any services we may haYe performed on your behalf.
We are pleased to have this opportunity to be of service and to work with you.
Enclosure
Sincerely,
OGLETREE, DEAKINS, NASH,
SMOAK & STEWART, P.C.
Robert A Jones, Shareholder
I/we read and understand the terms and conditions set forth in this letter (including the
attached General Provisions) and agree to them.

Ms. Sue Paul, A mi
Carmel-by-the-Sea
J '-(-3-& /I 7
Date: __
16723280.1
General Provisions
Ogletree
Deakins
Except as modified by the accompanying engagement letter or other written
agreement between the parties, the following provisions will apply to the relationship
between Ogletree, Deakins, Nash, Smoak & Stewart, P.C., and our clients:
(1) The time for which a client will be charged will include, but will not be
limited to, telephone and office conferences with a client and counsel, witnesses,
consultants, court personnel , and others; conferences among our personnel; factual
investigation; legal research; responding to clients' requests to provide information to
auditors in connection with reviews or audits of financial statements; drafting of letters,
pleadings, briefs, and other documents; travel time; waiting time in court or elsewhere;
and time in depositions and other discovery proceedings.
(2) In addition to our fees, we will be entitled to payment or reimbursement for
disbursements and other charges incurred in performmg services such as
photocopying, messenger and delivery, air freight, negotiated discounted amount for
computerized research, videotape recording, travel (including mileage, parking, airfare,
lodging, meals, and ground transportation) , telecopying, word processing, court costs,
and fi ling fees. To the extent we directly provide any of these services, we reserve the
right to adjust the amount we charge, at any time or from time to time, as we deem
appropriate, in light of our direct costs, our estimated overhead allocable to the services,
and outside competitive rates. Unless special arrangements are made, fees and
expenses of others (such as experts, investigators, witnesses, consultants, and court
reporters) and other large disbursements will not be paid by our firm and will be the
responsibility of, and billed directly to, the cl ient.
(3) Although we may from time to time for a client's convenience furnish
estimates of fees or charges that we anticipate will be incurred on a client's behalf,
these estimates are subject to unforeseen circumstances and are by their nature
inexact. We will not be bound by any estimates except as otherwise expressly set forth
in the engagement letter or otherwise agreed to by us in writing.
(4) Fees, disbursements, and other charges will be billed monthly and are
payable upon presentation. We expect prompt payment.
(5) A client shall have the right at any time to terminate our services and
representation upon written notice to the firm. Such termination shall not, however,
relieve the client of the obligation to pay for all services rendered and disbursements
and other charges made or incurred on behalf of the client prior to the date of
termination.
(6) We reserve the right to withdraw from our representation with the cl ient's
consent or for good cause. Good cause may include the client's failure to honor the
terms of the engagement letter, the client's failure to pay amounts billed in a timely
Ogle fret
Deakins
manner, the client's failure to cooperate or follow our advice on a material matter, or any
fact or circumstance that would, in our view, impair an effective attorney-client
relationship or would render our continuing representation unlawful or unethical. If we
elect to do so, the client will take all steps necessary to free us of any obligation to
perform further, including the execution of any documents (including forms for
substitution of counsel) necessary to complete our withdrawal, and we will be entitled to
be paid for all services rendered and disbursements and other charges made or
incurred on behalf of the client prior to the date of withdrawal.
SfileppardMullin
December 19, 2013
VIA EMAIL & U.S. MAI L
Susan Paul
P. 0 . Box CC
City of Carmel- by-the-Sea 93921
Re: Engagement of Sheppard, Mullin, Richter & Hampton LLP
Dear Ms. Paul.
Sheppard Mull in Richter & Hampton LLP
379 l yttor Avenue
Palo /\Ito, CA 94301-1479
650.81 5.2600 main
650.815.2601 main fax
IM.VW.sheppardmull:n.com
Paul S. Cowie
(650) 815-2648 direct
pcowie@sheppardmulli n.com
Fole Number:
The purpose of this letter is to confirm our engagement by the City of Carmel-by-the-Sea (the
"City") to represent it in connection with harassment and discrimination training (the "Matter").
We appreciate your confidence and thank you for selecti ng us as counsel.
1. Scope of Representation Except as we may agree otherwise in writing, we will be
representing only the City and wi ll not be representing any parent, subsidiary or other affiliated
entity nor any shareholder, partner, member, director, officer, employee, agent or insurer of the
City. Except as we may otherwise agree, the terms of this letter apply to other engagements for
the City that we may undertake.
2. Fees and Charges. Our fees are based on hours charged at scheduled rates that are
periodically adjusted, generally as of the beginnmg of a calendar year. My hourly rates at this
time are $550. Our scheduled hourly rates for other attorneys range from $295 to $925. In
addition to fees, our statements include our actual costs (except as set forth in Attachment A)
for fees of governmental agencies and disbursements and/or charges for third parties, the
current schedule for which is set forth on Attachment A and which also is adjusted from time to
time (collectively "Charges"). Our standard practice is to have certain charges for outside
retained services invoiced to you directly. This letter constitutes your agreement to pay all such
invoices prior to delinquency and to hold us harmless from your fai lure to do so. Of course, to
the extent such third party charges are paid directly by us they will be included in our
statements.
Statements are submitted monthly and are due and payable upon receipt. You agree to notify
us promptly In writing if you dispute any entry for legal services or charges on any statement. In
the absence of any written objection thereto within thirty (30) days of your receipt of an invoice,
you will be deemed to have accepted and acknowledged the invoice as correct through the
) .

C a rmei-By-Tne-Sea
December 19, 2013
Page 2 of 7
period covered by the invoice. Please understand that it is our policy to stop work on all matters
we are handling for a client if any amount invoiced to such client is sixty (60) days or more past
due. Also, interest is charged at i 0% per annum from date of statement for amounts
outstanding more than sixty (60) days.
Unless we otherwise expressly agree in writing, any estimates we may provide from time to time
and any deposits, retainers, or advances against costs we may require are not a limitation on
our fees and other charges. In addition, if as a result of our engagement we are required to
produce documents or appear as witnesses in connection with any governmental or regulatory
examination, audit, investigation or other proceeding or any litigation, arbitration, mediation or
dispute involving the City or related persons, the City is responsible for costs and expenses
reasonably incurred by us (including professional and staff trme at then scheduled hourly rates
and reasonable attorneys' fees and costs incurred by us). Similarly in the event that the City
should request that it be given its files or that they be transferred to some other firm, the City
agrees that we may retain a copy of those files and agrees to pay for the costs of such copying.
These provisions shall survi ve any termination of our representation of the City.
Our fees with respect to the contemplated transaction incurred through its consummation (to the
extent not previously paid in accordance with the foregoing) shall be due and payable upon the
consummation of the transaction.
3. Fee Deposits We have agreed to undertake this engagement without requiring an
advance deposit (a "Fee Deposit") for legal fees and/or Charges. However, we reserve the right
in the future (i) to require that you deposit with us a Fee Deposit in such amount as we shall
then request and (ii) from t1me to time thereafter to require that the amount of the Fee Deposit
be increased. You hereby grant us a security interest in any and all Fee Deposits made
pursuant to this engagement letter to secure payment to us of any future Fees and Charges.
Should we request the same, the initial Fee Deposit and any increase in the Fee Deposit must
be paid within fifteen (15) days of our written request The amounts we may request be
deposited as a Fee Deposit will not represent our estimate of the total fees and Charges to be
incurred in the course of this engagement or for any time period of our engagement. The Fee
Deposit will be applied to our final invoice, or at our option, if you are delinquent in the payment
of any invoice, we may apply some or all of the Fee Deposit to the payment of such invoice. In
such event. you agree that, within ten (1 0) days of our notice to you, you will deposit with us the
amount so applied in order to restore the Fee Deposit to its amount prior to such application.
4. Consent to Representation of Parties Adverse to the City. By this engagement,
Sheppard, Mullin, Richter & Hampton LLP ("SMRH") has been retained t o represent the City of
Carmel-by-the-Sea. SMRH may be asked to also represent the City in the future in connection
with other engagements. Any past, present and future engagement of SMRH by the City is
referred to in this letter individually and collectively as the "City Engagement. "
As required by California law and Rules of Professional Conduct governing attorneys (the
"Ethical Rules"), the purpose of this letter is to make disclosures and to obtain the consent of
the City to SMRH acting both as counsel for the City and also acting as counsel for any persons
other than the City (individually and collectively, "Private Parties"), now or in the future, in
matters not substantially related to any City Engagement ("Unrelated Matters").
SheppardMullin
Carmei-By-1he-Sea
December 19, 2013
Page 3 of 7
Our firm has many attorneys and multiple offices. Consequently, SMRH currently represents
and in the future may represent numerous Private Parties who may have dealings with the City.
The ability of SMRH to maintain and sustain its relationships with Private Parties who are clients
is critical to SMRH. Therefore, the execution and delivery of this consent and waiver by the City
is an essential condition to our acceptance of the City Engagement.
a. Disclosures. Unrelated Matters in which SMRH represents Private Parties (but
not the City) may involve seeking discretionary or ministerial approvals by the
City or affiliated agencies or authorities in connection with land use, building,
construction or other matters; appearances before the City Board of Supervisors,
the City Counsel, or regulatory or administrative agencies regarding polilical,
legislative, administrative, enforcement and tax matters, representation of
plaintiffs or defendants in civil actions; representation of defendants in civil or
cnminal enforcement actions; tax matters; and transactions between Pnvate
Parties and the City such as preparing and negotiating agreements, licenses,
leases or other documents. SMRH may also represent Private Parties in
litigation, arbitration, audits, examinations, inquiries, administrative appeals, and
other adversarial proceedings in which the interests of the Private Parties are
adverse to the interests of the City.
Concurrently representing more than one client with interests adverse to each
other, although in separate and unrelated matters, may have disadvantages to
each client. Performance of the attorney's duties of loyalty, confidentiality and
competence might be affected adversely, or may be perceived to be affected
adversely, if the attorney represents a client in one matter while at the same time
representing another client in a different matter. The interests of the multiple
cl ients may vary, and as a result the attorney may be subjected to divided
loyalties or have difficulty "serving more than one master " Disadvantages
include the following
i. Possible Effect on Loyalty and V1gor. Representation of multiple clients
may result 1n less vigorous assertion or protection of one client's separate
interests than 1f the attorney were to represent only that particular client.
ii . Confidentiality. If we represent only the City in the course of a City
Engagement, then the attorney-client privilege will continue to apply to
confidences we learn in the course of such City Engagement.
Nonetheless, although we will be bound not to disclose any confidential
information acquired in the course of any City Engagement, our
possession of such information may work to the disadvantage of the City
if we represent Private Part1es in matters in which the interests of the City
are adverse to the interests of the Private Parties. For example,
knowledge of the City and their respective personnel and procedures may
be useful in representing a Private Party even if no confidence of the City
is disclosed
She pDardMullin
Carmel-By-!he-Sea
December 19,2013
Page 4 of 7
iii. Risk of Requirement to Withdraw. If an attorney cannot accept or
continue an engagement or must wtthdraw there from, the client may
incur delay such as acquainting new counsel with the matter or the
business or legal affairs of the client. Because of conflicts of interest that
might arise from representing Private Parties adverse to the City in
connection with Unrelated Matters, SMRH might be required by the
Ethical Rules to withdraw from further representation of the City (for
example, a court may disqualify us as counsel to t he City), in which case
the City might incur delay in connection with obtaining new counsel. The
City agrees to our withdrawal under such circumstances.
iv. Appearance to Constituencies. The City may be in a position, now or in
the future, where Its ability to respond to administrative or public
constttuencies is hampered by our representation of Private Parties in
other matters. In other words, the appearance to constituencies may be
better if the City were represented by independent counsel who has no
other client with an tnterest adverse to the City.
v. Representation Adverse to the City. In representing Private Parties in
connection with Unrelated Matters, we will be bound to vigorously
represent the interests of the Private Party clients even if that is adverse
to the Interests of the City. SMRH would not be representing the interests
of the City in any such Unrelated Matter.
5. Termination of Representation. You have the right to terminate our representation of the
City at any time. Subj ect to our ethtcal obligation to give you reasonable notice to arrange for
al ternate representation, we may terminate our representation of the City at any time. Unless
we agree to render other legal services to the City, our representation will terminate upon
completion of the Matter. That will be the case whether or not, as is not uncommon, we are
designated to receive copies or courtesy copies of notices under one or more transaction
documents.
6. Disclosures and Public Announcements. We will be permitted to disclose to third parties
the fact that we represented the City in transactions we complete on its behalf, and to describe
In general terms our role, the services we performed, and the nature of the transactton. These
disclosures may be made to current or prospective clients or to others, and may consist of
announcements and advertisements placed at our own expense in legal, business, financial and
other periodicals and publications.
7. Our Document Retention. It is our policy and practice to destroy our files ten { 1 0) years
after the file is first closed unless the client requests a shorter or longer retention period in
writing. Files are generally closed at the conclusion of a lawsuit or completion of a transaction.
8 Arbttration, Choice of Law and Forum. Arbitration has the potential to provide a more
timely, more economic and more confidential resolution of any dispute between us. Any dispute
between us concerning our fees or charges shall , if you so elect, be submitted to arbitration
under the rules of the State Bar of California ("the Rules"), and shall be binding if (i) each of us
ShepoardMullin
Carmel-By-!he-Sea
December 19, 2013
Page 5 of7
so agrees after any such dispute arises, or (ii) such arbitration becomes binding under the
Rules. Any dispute between us concerning our fees or charges not so submitted to binding
arbitration under the Rules, or that remams unresolved after non-binding arbitration under the
Rules and any other dispute between or among the City and us or any of our attorneys and
agents, mcluding but not limited to claims of malpractice, errors or omissions, the scope or
applicability of this agreement to arbitrate or any other claim of any kind regardless of the facts
or the legal theories, shall be finally settled by mandatory binding arbitration in San Francisco.
California with each party to bear its own costs and attorneys' fees and disbursements. The
Arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and
Procedures, except that notwithstanding anythmg to the contrary in the JAMS rules, full
discovery shall be permitted as allowed by California Code of Civil Procedure section 1283.05.
The arbitration shall commence when any party serves a demand for arbitration on the other
party. Any arbitration hereunder, and all submissions, testimony, transcripts, evidence, etc.,
related to such arbitration, shall be kept confidential by all parties. Such arbitration shall be
conducted before a single arbitrator, except in matters involving a dispute greater than One
Million Dollars ($1 ,000,000), which shall be conducted before a three-arbitrator panel. The
Arbitrator(s) shall be appointed according to the JAMS rules. All arbitrators shall serve as
neutral, independent and impartial arbitrators and must act in conformity with the rules of
evidence and law. Judgment on a binding arbitration award may be entered in any court of
competent jurisdiction. We mutually acknowledge that, by this agreement to arbitrate, each of
us Irrevocably waives our rights to court or jury trial. The City has the right to consult separate
legal counsel at any time as to any matter, Including whether to enter Into this engagement letter
and consent to the foregoing agreement to arbitrate. The City agrees that this agreement will
be governed by the laws of California without regard to its conflict rules. The foregoing
arbitration provision shall not preclude parties from seeking provisional remedies in aid of
arbitration from a court of appropriate jurisdiction. Subject in all cases to the arbitration
provision set forth herein, the City agrees that (i) with regard to the courts, exclusive jurisdiction
and exclusive venue for any dispute between us shall lie solely with the California Superior
Court for the county named above as the site for arbitration and the corresponding U.S. District
Court and (ii) consents to service of process pursuant to the applicable California state statutes
and federal rules.
If the forego1ng is an acceptable basis for our engagement as counsel, I would appreciate !t if
you would sign on behalf of the City, the enclosed copy of this letter and return it to us in the
envelope provided. If you have any questions or concerns, please call. You have the right to
seek the advice of an independent counsel of your choice before signing this letter and to be
given a reasonable opportunity to seek that advice.

December 19, 2013
Page 6 of 7
ullin
Once again, thank you for selecting us to represent the City.
Sincerely,
. '
/ '
/1 I '

i .,/ ' .... .. -<--
Paul S. Cowie
for SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
SMRH:414555620.2
Enclosure
The undersigned has read and understood this engagement letter and agrees that it correctly
sets forth the terms upon which Sheppard, Mul lin, Richter & Hampton LLP has been engaged
by the undersigned in connection with the representation described herein and has waived any
conflict of interest on the part of this Firm arising out of the representation described above
ShepparrdMullin
Carmel-By-The-Sea
December 19, 2013
Page 7 of 7
ATTACHMENT A
ADMINISTRATIVE CHARGE TABLE
(As of January 1, 2013)
For your information, the following is a current list of the various costs that are charged to
clients.
Category
Delivery
(DHL, Federal Express, Airborne, messenger etc.)
Document imaging
(Scanning, OCR, Coding)
Duplicating
Lexisf Westlaw Legal research
Postage
Telephone
Local calls
Long distance calls within U.S. and Canada
Other international calls
Travel
Charge
Invoiced cost ; not reduced by any
volume discounts.
Invoiced cost.
$0.25 per page; color copies $0.75.
Ten Percent (10%) off of Vendor
Standard Rates.
Actual cost of mailings over $5.00
per day.
No charge
$0.10 to $0.15 per minute
Firm's estimated cost
Actual Cost.
STRADLING YOCCA CARLSON & RAUTH, P.C.
BOO ANACAPA STREET
SANTA BARBARA, CA 93101
JEFFREY A. DINKIN
805.730.6820
JOINKIN@SYCR.COM
SYCR.COM
Privileged and Confidential
Attorney-Client Communication
Via Email spaul@ci.carmeLca.us
Susan Paul
City of Cannel-by-the-Sea
P.O. BoxCC
Cmmel-by-the-Sea, CA 93921
Re: Engagement Letter
Dear Susan:
July 26, 2013
NEWPORT BEACH
949.725.4000
SACRAMENTO
916.449.2350
SAN DIEGO
856.926.3000
SAN FRANCISCO
415.283.2240
SANTA BARBARA
805.730.6800
SANTA MONI CA
424.214.7000
Thank you for asking Stradling Y occa Carlson & Rauth ("we" or "us") to provide legal
services to the City of Carmel-by-the-Sea ("you" or "the City"). This letter confirms the terms
of our engagement.
1. Legal Services to be Provided. You are engaging us to assist with miscellaneous
employment matters. Any matter covered by this letter will conclude when our services are
completed or when our relationship with you is terminated. Our representation is limited to the
specific services that you request and that we have agreed to undertake. Unless otherwise agreed
by us in writing, we will not provide any advice or legal services regarding insurance coverage
or tax issues. You agree that you are not relying on us for accounting, fmancial advisory or
investment decisions.
2. Identitv of Client. We represent only the City in this matter. We do not represent
any other entity or person, including any other company, partnership, organization, director,
officer, employee, member, shareholder, partner, agent or family member, in this matter. Any
representation by us of such other entity or person will be established only in a separate written
agreement.
3. Responsibilities of Attorney and Client. Our responsibilities under this agreement
are to provide the legal services described above. Your responsibilities are to keep us informed
of all relevant developments as they occur, to cooperate in all reasonable requests by us, and to
timely pay fees and costs in this matter, including any fees and costs we incuned on your behalf
at your request before you signed this letter. Additionally, we have agreed that I will provide the
legal services under this Agreement unless you authorize other attorneys or paralegals to perform
certain designated work.
DOCS SB/45864v 1/000000-0000
July 26, 20 13
Page Two
4. Fees. Unless otherwise agreed by you and us in writing, our fees are based on the
amount oftime each professional spends on a matter, multiplied by his or her hourly rate. We
bill for all activities undertaken on a matter, including time spent conducting legal research,
preparing and reviewing documents, preparing for and participating in telephone calls, meetings
(only one attorney will bill for attending meetings unless otherwise authorized by you), court
appearances or other proceedings, and traveling, both local and out of town. However, we will
not bill for travel time to and from prescheduled meetings, but may bill for travel time if we are
required to attend a meeting on short notice. Each professional who confers on a matter or
attends a meeting, court hearing or other proceeding will separately bill his or her time. Time is
billed in .10-hour increments. We have agreed that my hourly rate along with any other attorney
working on this matter will be $395, except that if an attorney working on this matter has a lower
standard hourly rate that attorney's time will be billed at that hourly rate. We have also agreed
that the hourly rate for paralegals working on this matter will be $150. Our rate schedule may be
modified from time to time, but any rate changes will be subject to your approval. Any new
rates will be applied to you upon your approval and reflected on your next statement. By signing
this letter, you acknowledge and consent to these fees and billing methods as discussed above.
5. Costs. If a matter involves outside expenses, such as travel, parking, lodging,
meals, telephone calls, process servers, couriers, filing fees and postage, we typically pay
amounts of less than $500.00 and bill you for reimbursement at our actual cost. If travel is by
private vehicle, the charge is based on mileage at the IRS rate. If an outside expense is
anticipated to exceed this amount, which often occurs with consultants, expert witnesses,
document production companies, court reporter services and other outside vendors, we typically
require that you pay those expenses directly. We will not bill for other internal expenses unless
specifically authorized and agreed upon by you. Our rate schedule is modified from time to
time. Any new rates will be applied to you upon adoption and approval by you, and reflected on
your next statement. By signing this letter, you acknowledge and consent to these costs and
billing methods.
6. Statements. We issue periodic statements that clearly state the basis of our fees
and costs. Our statements typically describe the services performed on a particular day in task-
based time entries for each professional, which include the time spent on each time entry. You
may request a statement at intervals of not less than thirty days. If you do so, we will provide
one within ten days, except as otherwise provided by law. If you do not request statements on a
monthly basis as provided herein, you waive any objection that a statement is untimely or that it
includes fees or costs for a period of greater than one month. By signing this letter, you
acknowledge and agree to these billing methods.
7. Payment. Payment is due within sixty days of the statement date.
8. Termination. Our representation of you may be terminated prior to the
completion of our services p o written notice at any time for any reason by you or by us. If we
represent you before a tribunal, our ability to withdraw may be subject to the tribunal' s approval.
DOCSSB/45864v 1/000000-0000
July 26,2013
Page Three
If so, the termination shall not take effect prior to the date such approval is given. You agree that
the termination of our representation, whether by you, by us, or by a tribunal, does not remove
your obligation to pay all amounts owed to us through the termination date, and any amounts
incurred after that date, including fees and costs reasonably required to be incurred by us, as well
as accrued interest. You also agree to sign those docwnents which are required to permit us to
withdraw from our representation of you.
9. Client File and Retention. For each matter we maintain a file in which we place
certain docwnents and items, including original documents, that are reasonably necessary to our
representation in the matter. We keep each file for seven years after a matter concludes. The file
is your property and, subject to any protective order or non-disclosure agreement, you may
request to take possession of it once the matter concludes. If you do not take possession of the
file during that seven-year period, you agree that upon sixty days' notice to you we may dispose
of it unless you request to take possession of it at that time . We will promptly notify you should
all or any portion of the file become the subject of a subpoena, discovery request or other
disclosure obligation ("Legal Process") while in our possession, including after the matter
concludes. You agree to pay our then-prevailing hourly rates and costs we incur to comply with
the Legal Process. Any additional charges for fees and costs in connection with the Legal
Process will be subject to your approval.
10. Arbitration. ANY CLAIM, CONTROVERSY OR DISPUTE BETWEEN OR
AMONG YOU AND US (INCLUDING OUR PROFESSIONALS, EMPLOYEES AND
AGENTS), WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN
ANY WAY RELATING TO THIS ENGAGEMENT LETTER OR ANY SERVICES TIIAT
WE PROVIDE, SHALL BE SUBMITTED TO BINDING ARBITRATION. BY AGREEING
TO ARBITRATE, YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. The
arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and
Procedures and shall be conducted in Santa Barbara County, California by one neutral arbitrator.
If the dispute involves our fees or costs, you may elect to submit that portion of the dispute to
non-binding arbitration pursuant to California Business and Professions Code Sections 6200-
6206. Any such non-binding arbitration shall be administered by the Santa Barbara County Bar
Association under its Rules of Procedure for Mandatory Fee Arbitration. If any party rejects the
non-binding award, final resolution of the dispute shall take place pursuant to the binding
arbitration procedure with JAMS described above. Any court having jurisdiction may compel
arbitration, grant provisional remedies in aid of arbitration, and confirm, vacate or moctify the
arbitration award. You consent to jurisdiction and venue in the state and federal courts located in
Santa Barbara County, Califomia for these purposes. This arbitration agreement shall be
interpreted under the Federal Arbitration Act.
11. No Guarantee of Result or Charges. We do not guarantee any particular result or
the maximum amount offees or costs you will incur. You acknowledge and agree that any
comments we make about potential outcomes or charges in this matter, including any timetables,
budgets or fee estimates, are expressions of opinion only, are neither promises nor guarantees,
DOCSSB/45864v 11000000-0000
July 26, 2013
Page Four
and are not binding. If we represent you in a litigation matter, you may be required to pay the
other side's fees and costs. Any such payment is your sole responsibility.
12. Our Counsel. We have both internal counsel and outside counsel who advise our
professionals about their ethical, professional and legal duties. From time to time, our
professionals may consult such counsel about this matter. You acknowledge that such
consultations are protected from disclosure to you by the attorney-client privilege between our
counsel and us. You also agree that any such communications are not part of your client file, and
that you waive any right to obtain discovery of those communications.
13. Client Communication. You hereby designate Susan Paul, Administrative
Services Director, to act on your behalf for this matter, and you authorize us to communicate
with, and receive directions from, that person and any other person that you or Susan Paul may
designate in the future.
14. Authority to Sign. The person signing this letter on behalf of an entity represents
that he or she has the full right and authority to do so, and to fully commit and bind that entity to
this engagement letter.
15. Miscellaneous. This letter sets forth the entire agreement between you and us,
and there is no other or additional understandings between you and us on these subjects. This
agreement supersedes any prior agreements or representations, written or oral, between you and
us on these subjects. Any modification or amendment to this agreement must be in a writing
signed by you and us. This agreement shall be governed by California law without reference to
its conflict of law principles. If any provision of this agreement is found to be invalid or
unenforceable, that provision shall be deemed modified or removed so that it is valid and
enforceable to the fullest extent of the law, and the other provisions of this agreement shall be
unimpaired.
16. Effective Date. The effective date of this agreement is the date you sign this
letter, but if signed, will apply back to the date we first provided legal services to you with regard
to our fees. The date of this letter is for reference only.
If you agree with the above terms and conditions, please sign and return to me the
enclosed copy of the signature page of this letter. If you have any questions about this letter,
please feel free to ask me. In addition, you should feel :fi.ee to consult independent counsel of
your choice about the terms of this letter.
Ill
Ill
Ill
DOCSSB/45864vl/OOOOOO-OOOO
July 18,2013
Page Five
We look forward to working with you and thank you once again for the opportunity to be
of service.
ey . Dinkin
DLING YOCCA CARLSON & RAUTH, P.C.
DOCSSB/45864vl/000000-0000
July 26, 2013
Page Six
The undersigned has read and understands this letter, has had the opportunity to consult
with independent counsel regarding this letter, accepts and agrees to all of the terms and
conditions of this letter, and gives informed written consent consistent with the terms of this
letter.
THE CITY OF CARMEL-BY-THE-SEA
Date
DOCSSB/45864vl/OOOOOO-OOOO
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Attachments:
Ms. Schley,
Yvette Oblander
Tuesday, August 05, 2014 9:04AM
Lori Frontella; Jason Stilwell ; 'Leanne Graham'
PRA Request
pra 2014-088.pdf
Regards,
~ e l (QO/twuk;_.,
Executive Assistant
P.O. Box CC
Carmel, CA.93921
Office- (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
1
August 5, 2014
City of
POST OFFICE BOX CC
(831) 620-2000
Mary Schley
Carmel Pine cone
Dear Ms. Schley:
Very truly yours,

Lori Frontella MMC
Interim City Clerk
Due Date:
(Office Use Only)
Cit y Clerk Department
File No.: 0 /L{_.Of{{
(Office Use Only)
J/:J.S/f/j RequestedBy:
Company:
Date of Request:
Address: _______________________________________________________________ ___
Phone, Fax, Email: ew-YYl11p/ M {!JJ(Jt. eJ1.1'U
Info Requested (be specific): tJt
001;6 ti'f.
Date Desired: _______________________________________________________ _
Persons/Departments to provide information: (Office Use Only) Don ..

Request Approved by City Attorney: ____ _ Disclosable
Need for Extension Past 10 Days: ___________ Due Date:
If yes, was written notification sent: _ _ _____ Date:
Cost Associated with Request: - - -------Total: $ __
Request completed by: -----------Date CompletE
Method of Delivery: ----------
Completed by: ___ _
Total Coast
(Program 353)
PRA No: JJPJ'-f -[!lf' Date: '1/.J-6/ij
AGENCY
I
0
Raynor
0
listed below
0
Raynor
0
~ { U r n
lA_ .)
r:2r flLl21!-/L.
0 processing. Assigns file No.
1isclosing the determination and
(includes drafting, edit ing and
requestor)
(c}(l}-{4}, setting forth the
denied - MAY INCLUDE legal
the notice - DOES NOT INCLUDE
Assist a member of t he public
public record. {I dentify records
request; descri be the
'!cords exist; provide
Jgestions for overcoming any
,.,ractical basis for denying access
sought}
Total Time Spent:
Susan Paul
From:
Sent:
To:
Subject:
-----Origin a I Message-----
Jason Stilwell
Monday, August 04, 2014 11:20 PM
Susan Paul
FW: Request for letters of engagement/financial information
From: Mary Schley [mailto:mary@carmelpinecone.com]
Sent: Thursday, July 24, 2014 5:58PM
To: Jason St ilwell; Jason Burnett
Cc: Paul Miller
Subject: Request for letters of engagement/financial information
Hello Jason and Jason,
Per our conversation this morning, please provide me the letters of engagement and any other sort of contract-related
documents that might exist for:
EXTIIInc
Stradling Yocca Carlson & Rauth
Ogletree, Deakins, Nash, Smoak & Stewart Liebert Cassidy Whitmore Kennedy Archer & Harray/Kennedy Archer & Giffen
Brian Finegan Miller Starr Regalia Brownstein/Hyatt/Farber/Schreck Sheppard Mullen Richter & Hampton LLP
Please also tell me how much each of these firms has been paid since Jan. 1, 2013.
Thank you,
Mary
(831) 274-8660
mary@carmelpinecone. com

Request No. 2014-89

Information Requested: Provide copies of all documents, letters, emails, and other
correspondence related to the investigation , including invoices from outside
attorneys, investigators and other consultants related to McInchak Case

Due Date: : Pi./H_ File No.: ;{]'-f-() ?1
(Offi ce Use Only) (Office Use Only)
DISCLOSURE UPON REQUEST. Fill out info i n box only
Date of Request: _ Requested By:
Company:
Address: __________________________________________________________________ _
Phone, Fax, Email: tnar!j J.e, f!Bl1l..c
Info Requested (be specific): l{f tZI!I'
J?M/Id<? tlAt.tt
Date Desired: ________________________________________ _
(City has 10 days to determine whether t he request in whole or inpart is a disclosable public record pursuant to GCS 6253(C).
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: ------------------
Completed by: ___ _
Total Coast
(Program 353}
PRA NocJ4J(4 -[Jtq I
Date:

AGENCY
I I
-
0
Raynor
0
listed below
Trai n staff on implementing the
0
listed below (one-t ime per
0
employee)- i nclude roster
Raynor
Activities Title Time Spent Other

Ell
?) /Jn/A ./
()
I
to creat e copies for own use
wri tten notice to the requestor
requestor)
(c)(l)-(4), sett ing forth the
date on whi ch a determination is
Provide written notice t o the
denied - MAY INClUDE legal
t he notice- DOES NOT INClUDE
who request t o inspect a public
and information pertai ning to
suggest ions for overcoming any
pract ical basis for denying access
sought)
Total Time Spent:
Yvette Oblander
Sent: Friday, July 25, 2014 3:26AM
To:
Subject:
Yvette Oblander; Susan Paul ; Mike Calhoun
FW:Mclnchak documents
Yvette, please add to the log. Calhoun and Susan would have any responsive information. Jason
From : Mary Schley
Subject : Mcinchak documents
Hello,
Now that the Mclnchak case is closed, please provide copies of all documents, letters, emails and other
correspondence related to the investigation, including invoices from outside attorneys, investigators and other
consultants hired to work on the case.
Please also provide the total pay he has received since being placed on leave in June 2013.
Thank you,
Mary
(831) 274-8660
1
THOMAS K. PERRY (19041971)
DONALD G. FREEMAN
LAW OFFICES
Perry and freeman
SAN CARL OS BETWEEN 7T" AND 8T"
POST OFFICE BOX 805
Carmel-by-the-Sea. California 93921
August 4, 2014
I
SCANNED
TELEPHONE
AREA CODE 831
624-5339
FAX (8311 624 5839
BY E-MAIL
Mary Schley
Enclosed please find the following information pursuant to
your Public Record Act request dated June 24, 2014:
1 . Copies of all documents, letters, email s and other
correspondence related to the investigation
This information is exempt from disclosure pursuant
to Government Code Section 6254 (f); Williams v.
Superior Court et al. (1993) [5 Cal .4th 337; 19
Cal.Rptr.2d 882]; and Rivero v. Superior Court et
al . (1997)[54 Cal.App.4th 1048; 63 Cal . Rptr.2d
213]
2. Invoices from outside attorneys
There are no invoices from outside attorneys in
connection with the Mcinchak criminal investigation
3. Invoices from investigators
Enclosed is a copy of the invoices in connection
from Mark Alcock who was the investigator involved
in the Mcinchak criminal investigation
4 . Invoices from other consultants hired to work on the case
To the best of my knowledge there were no other
consultants hired to work on the Mcinchak criminal
investigation
5 . Total pay [Mcinchak] has received since being placed on
leave in June, 2013
Mary Schley
August 4, 2014
Page 2
Mr. Mcinchak has received $112,239.00 from June 5,
2013, to the present date
Please be advised that every effort has been made to provide
all of the records which might fall within the scope of your
inquiry. As such, we believe our reply is quite thorough.
However, if you have knowledge of a specific document which has not
been provided in response to your inquiry please notify us and we
will be happy to provide the docurnent(s) to you unless, of course,
it is exempt from disclosure pursuant to Government Code Section
6254.
If you wish to dispute any of the determinations contained in
this response to your request (s) please advise me of your argument,
and it would be extremely helpful if you could cite the legal
authority for your stance.
DGF :klg
Encl .
Sincerely,
Donald G. Freeman
City Attorney
Due Date:
(Office Use Only)
File No.:;{Jej--{)?1
(Office Use Only)
7(05/ll{ RequestedBy:
company: _
Date of Request:
Address: ______________________________________________________________ ___
Phone, Fax, Email : Jl,
Info Requested (be specific): 1'
{ilt:lkrwdt; 1 .tdtt4CJ, firrldda t!t/lRO
. -
Date Desired: ____________________________________________________________ _
Persons/Departments to provide information: {Office Use Only) Done: ___ Date:---------
Disclosable Records: _____ _
Due Date: ---------
Date:-----------
Total:$. _______________ __
Date Completed:------
City of Carmel- by-the-Sea OFFICE USE ONLY
Completed by: ___ _
Total Coast
I
CALI FORNIA PUBLIC RECORDS ACT
(Program 353}
PRA 1
Date:

AGENCY
Develop pol icies, procedures and
0
Raynor
0
listed below
0
Raynor
0
employee) -include roster
Activities Name/Departmen! Title Time Spent Other
Dft-UH A flttJ/A-7'LJ /)'.
.)
E-!1.

processi ng. Assigns file No.
(/
I
electronic record i n the
format is one used by t he agency
easons for the determinat ion
(i ncludes drafting, editing and
reviewing a written noti ces;
requestor)
requestor when t he di sclosure
expect ed to be dispatched.
Provide written notice to t he
the noti ce - DOES NOT INCLUDE
Assist a member of the publ ic
public record. {Identify records
request ; describe the
"'cords exist; provide
for overcoming any
,ract ical basis for denying access
sought)
Total Ti me Spent:
Yvette Oblander
To:
Subject :
Yvette Oblander; Susan Paul ; Mike Calhoun
FW:Mclnchak documents
From : Mary Schley
Subject : Mcinchak documents
Hello,
Now that t11e Mcinchak case is closed, please provide copies of all documents, letters, emails and other
Please also provide ilie total pay he has received since being placed on leave in June 2013.
Thank you,
Mary
(831) 274-8660
mary@cannelpinecone.com
1
Yvette Oblander
To: Susan Paul
Subject: FW: FW:Mclnchak documents
Sue,
How would you like for me to move forward with this PRA, in regards to the Chiefs response below?
Regards,
Wtte/te O w u k ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
Office - (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
From: Mike Calhoun
To: Jason Stilwell; Yvette Oblander; Susan Paul
Subject: RE: FW:Mclnchak documents
Jason,
This morning I spoke with Greg Palmer and he said our police investigation is protected from public discl osure under
6254(f) and when I spoke to Don Freeman he said he can prepare a response and would like to prepare it as soon as
possible. They only thing that is subject to disclosure by the City would be the paid leave and any other documents in
the request that were previously provided to the Pine Cone. I will work with Sue to get the information together.
Please let me know if you have any questions.
Thanks,
Mike
To: Yvette Oblander; Susan Paul; Mike Calhoun
Subject: FW:Mclnchak documents
1
Yvette Oblander
From: Mike Calhoun
Sent: Friday, July 25, 2014 9:55 AM
To:
Subject:
Jason Stilwell; Yvette Oblander; Susan Paul
RE: FW:Mclnchak documents
Jason,
This morning I spoke with Greg Palmer and he said our police investigation is protected from public disclosure under
6254(f) and when I spoke to Don Freeman he said he can prepare a response and would like to prepare it as soon as
possible. They only thing that is subject to disclosure by the City would be the paid leave and any other documents in
the request that were previously provided to the Pine Cone. I will work with Sue to get the information together.
Please let me know if you have any questions.
Thanks,
Mike
To: Yvette Oblander; Susan Paul; Mike Calhoun
Subject: FW:Mclnchak documents
From : Mary Schley
Subject : Mclnchak documents
Hello,
Now that the Mclnchak case is closed, please provide copies of all documents, letters, emails and other
Please also provi de the total pay he has received since being placed on leave in June 2013.
Thank you,
Mary
(831) 274-8660
marv@carmelpinecone.com
1

Request No. 2014-90

Information Requested: Please forward copies of any complaints filed by the
DFEH and any other state and federal agencies since 1/1/14

DOCSOC/1675033v1/102910-0002
POST OFFICE BOX CC
(831) 620-2000

August 4, 2014




Dear Ms. Schley:
The City of Carmel-by-the-Sea (City) received your California Public Records
Act request on J uly 28, 2014 (Records Request). This response is sent on my authority
as City Administrator.

(CPRA), the City has determined that your Records Request does not seek disclosable
public records. Your Records Request seeks complaints filed by the state Department of
Fair Employment and Housing (DFEH) and any other state and federal agencies since J an.
1, 2014 as well as any other related documents or correspondence. All responsive
documents in the Citys possession pertain to cases that are currently under investigation
by the Department of Fair Employment and Housing (DFEH) and, therefore, the City
must withhold said documents until the pending litigation is finally adjudicated or
otherwise settled pursuant to Government Code 6254 (b). Please be further advised that the
DFEH explicitly states on its official website that it does not provide records for cases that
are under investigation. We recommend that you contact DFEH for further information
regarding its disclosure policy as well as its estimated date on which the requested
complaints may become available.

disclosure of the records referenced above, please advise the undersigned and the City will
reconsider its position accordingly.


Very truly yours,

J ason Stilwell
City Administrator
August 6, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: mary@car melpinecone.com
Mary Schley
Carmel Pine Cone
Dear Ms. Schley:
Very t y o ~ u r s
. w
hv
Lo rontella
Interim City Clerk
\
From : Mary Schley
Subject : Request for documents
Hi Jason,
Please forward to me copies of any complaints filed by the state Department of Fair Employment and Housing
(DFEH) and any other state and federal agencies since Jan. 1, 2014. Please also provide any other related documents
or correspondence.
Thanks,
Mary
(83 1) 274-8660
marv@carmelpinecone.com
1
TtiOMAS K. PERRY { 1904-1971>
DONALD G. FREEMAN
VIA E- MAIL
Mary Schley
Carmel Pine Cone
LAW OFFICES
Perry and freeman
SAN CARLOS aETWEEN 7 AND ST
POST OFFICE BOX 80!5
Cd.rmel-by-the-Sea.. California 93921
August 14, 2014
TELEPHONE
AREA COOE 831
624-5339
FAX (831) 624-5839
Re : Public Records Act Request dated July 28, 2014
Dear Mary:
Your Public Records Ac t request dated July 28, 2014, has been
referred to me for response .
REQUEST: Any complaints filed by the state Department of
Fair Employment and Housing (DFEH) and any other
state and federal agencies since Jan. 1, 2014 . . . any
other related documents or correspondence
RESPONSE: The City is unable to release the information you
requested at this time pursuant to the provisions
of Government Code Section 6255(a) :
The agency shall justify withholding any
record by demonstrating that the record in
question is exempt under express provisions . of
this chapter that on the facts of the
particular case the public interest served by
not disclosing the record clearly outweighs
the public interest served by disclosure of
the record
and Government Code Section 6254(c):
Personnel,
disclosure
medical, or similar files, the
of which would constitute an
unwarranted invasion of personal p r i v a ~
Mary Schley
Carmel Pine Cone
Re: Public Records Act Request dated July 28, 2014
August 14, 2014
Page 2
as well as. City of San Jose v. Superior Court
(1999) 74 Cal.App4th 1008, 1018) which, states in
pertinent part as follows:
The court held that, applying the Gov. Code,
6255, balancing test of the Public Records
Act, the public interest in the nondisclosure
of the complainants' personal information
clearly outweighed the public interest in
disclosure. The complainants had a
significant privacy interest in their names,
addresses, telephone numbers as well as in the
fact that they had made a complaint to their
government, and disclosure of this information
would have had a chilling effect on future
complaints.
This determination is also based upon the guidelines for
third-party Public Records Act requests from the Department of Fair
Employment and Housing (DFEH) Enforcement Division Directive #600,
a copy of which is enclosed for your reference.
If you wish to dispute the determination contained in this
response to your requests please advise me of your legal argument.
If you would also please provide me with a cite or legal authority
which supports your argument we will be willing to reconsider my
opinion.
DGF:klg
Encl.
Sincerely,
Q.
Donald G. Freeman
City Attorney
DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING
ENFORCEMENT DIVISION
DIRECTIVE
DIRECTIVE NUMBER
600
DISTRIBUTION DATE
November 9, 2007
1. SUBJECT: RESPONSE TO PUBUC RECORDS ACT REQUESTS
2. PURPOSE: To set forth the time frames and procedures for responding to
requests for copying and inspection of records under the California Public
Records Act (PRA), Government Code section 6250, et seq. and the Information
Practices Act (IPA), Civil Code section 1798, et seq.
3. BACKGROUND: The Department of Fair Employment and Housing (DFEH) is
required to respond to requests for copying and inspection of public records
within specified time frames. "Public records" are generally defined as materials
containing information related to the conduct of the public's business which are
maintained by a State agency. The Department is further required to specifically
identify any exemptions it claims would prohibit the production of the record(s) or
segregable portions of the record(s). In setting forth this procedure, the
Department has balanced the public's right to information with individual rights to
privacy. (City of San Jose v. Superior Court (1999) 74 Cai.App.4th 1008, 1018.)
As appropriate, the Department will err on the side of protecting the identity of
complainants to prevent a "chilling effect" on the filing of complaints with the
Department. (City of San Jose, at 1 024.)
4. PROCEDURES:
A General Rules
DIR 600
1) Requests for the disclosure of information should normally be in
writing. However, the PRA does not require a requestor to make a
written request for the disclosure of information. Should the
requestor not wish to provide a request in writing, the Custodian of
Records will document the oral request in order that an appropriate
entry may be made in the disclosure log. The documentation
should include the specific request, date the request was made,
and contact information if the request cannot be provided at the
time of the request.
2) Documents requested pursuant to a PRA request must be
produced within a reasonable period of time, but no longer than
20 days following receipt of payment.
-1- 11/09/07
DIR 600
3) Questions regarding disclosure related issues will be
promptly referred to the district office's assigned attorney by
the District Administrator.
4) Prior to disclosing information, determine the manner in
which the request is being made, i.e., subpoena, letter or
e-mail.
a) Where the request is in the form of a subpoena, the request
will be handled by the district office in accordance with
Directive 603, "Response to Third-Party Subpoenas." A
subpoena is not a PRA request.
b) Where the request is in the form of a letter, the Custodian of
Records will determine who is making the request. If the
request is from the individual to whom the information
pertains, the request will be processed in accordance with
the "Guidelines for Release of Case Information"
(Attachment 1). Refer to the column marked "IPA.w If the
request is from a third party or if the file contains information
that does not pertain to the requestor, the request will be
processed in accordance with the "PRA column" in the
"Guidelines for Release of Case Information" (Attachment 1 ).
5) The Custodian of Records for each district office is designated to
handle requests for disclosure, as follows:
a) All requests for information from open case files will be
referred to the District Administrator, who will assure
compliance with this Directive. The District Administrator will
contact the assigned attorney if there are questions. The
process for requests for information from closed case files is
set forth below. (Refer to Chapter 17, "Public Records Act
Requests," of the Clerical Manual.)
b) The appropriate disclosure notifications will be prepared.
c) A "Declaration in Certification of Documents" (DFEH-400-04)
will be prepared.
d) Disclosure logs will be maintained:
(1) A "Personal/Confidential Information Disclosure Log"
(DFEH-400-10) will be prepared and placed in the
case file being disclosed. All subsequent disclosures
on the case will be recorded on this log.
-2- 11/09/07
(2) A district office "Disclosure Log" (DFEH-400-12) will
be completed and maintained by the Custodian of
Records in a file folder, in disclosure date order for all
disclosures.
6) When attempting to determine whether a complaint has been filed
by an individual or against a certain respondent, the Custodian of
Records should locate the individual's or organization's name and
alternative spellings of the name, by:
a) Conducting a CMIS search.
b) Reviewing the list of company names in Chapter 2, "Filing
Procedures," Exhibit 2-11, of the Clerical Manual. This list
provides the correct spelling of some company names as
they are input into CMIS.
c) Reviewing the list of respondent representatives and
addresses in Chapter 7, "Service," Exhibit 7-11, of the Clerical
Manual. This list provides the correct spelling of some
company names as requested by the company.
d) Reviewing the Equal Employment Opportunity Commission's
(EEOC) numeric and alphabetical list of charges that the
EEOC originally filed and dual-filed on behalf of the
Department.
B. Time Frame for Written Response
DIR 600
1) The Custodian of Records for each district office is responsible for
responding to general PRA requests. However, the Public Affairs
Unit is responsible for such requests from the media or members of
the Legislature or Congress.
2) The district office will acknowledge in writing all requests for
copying and inspection of records under the PRA within ten (10)
calendar days from the date the request is received by the district
office by completing and mailing to the requestor DFEH-200-15.
(Gov. Code, 6253, subd. (c).) The Public Affairs Unit shall
respond to requests from the media or members of the Legislature
or Congress within ten (1 0) days, as well .
3) In unusual circumstances, the 1 0-day time limit for initial
acknowledgement may be extended by the District Administrator for
up to 14 additional days by written notice to the requestor if
necessary to properly process the request. (Gov. Code, 6253,
subd. (c).) "Unusual circumstances" are defined as those instances
where additional time is needed to:
-3- 11/09/07
a) Search and collect documents from district offices;
b) Search, collect and examine a voluminous number of distinct
records that are the subject of one request; and
c) Consult with another agency having a substantial interest in
the determination of the request. (Gov. Code, 6253,
subds. (c)(1 ), (2) and (3}.)
4) When circumstances exist as provided under this section, the
Custodian of Records will send a letter to the requestor within 10
days of the date the request was received stating the reason for the
extension and date upon which the response will be available.
C. Content of Written Response
DIR 600
1) The written response shall indicate whether the Department has
any of the requested records and, if so, whether they will be
produced or are exempt from production in whole or in part under
the provisions of the PRA. (Gov. Code, 6253, subd. (c).) In the
event no records exist which are responsive to the request, the
Custodian of Records will prepare DFEH-400-14, "Certification In
Response to Public Records Request," and send it to the requestor.
This form will be signed by the District Administrator and mailed the
same day the determination has been made that no records exist.
This form is not to be used as a Departmental response to
subpoenas.
2) The written response shall specify any photocopy charges
($0.10 per page) and applicable postage that are to be remitted to
the Department prior to obtaining copies of the requested records.
(Gov. Code, 6253, subd. (b).)
3) If a public record is requested in an electronic format, such record
shall be provided in the requested format if available. The
requestor will be charged an hourly rate for the staff time involved
in producing a copy of the record in an electronic format. The
requestor may also be charged the cost of any programming and
computer services necessary to produce a copy of a record under
either the following circumstances:
a) The request is for a record that is ordinarily only produced at
specified intervals; or
b) The request requires data compilation, extraction or
programming. (Gov. Code, 6253.9.)
-4- 11/09/07
DIR 600
4) If the public records request is unclear or the Custodian of Records
is unable to identify the records that are requested with sufficient
clarity, the Custodian of Records, rather than deny the request,
shall assist the requestor in drafting a request that reasonably
identifies the available record or records, to the extent reasonable
under the circumstances as described below:
a) To identify records and information which are responsive to
the request or to the purpose of the request, if stated.
b) Describe the information technology and physical location in
which the records exist
c) Provide suggestions for overcoming any practical basis for
denying access to the records or information sought.
D. Manner and Content of Records Production
1) The Custodian of Records or their designee shall review every
document contained in the file requested for production or
inspection prior to producing any information. This requirement
also applies to records produced in electronic format
2) Under the PRA, a public record must be disclosed, unless it is
subject to a specific exemption provided under the Act. The
Custodian of Records must specifically identify the exemption(s)
under which a record, or portion of a record, is withheld. (Gov.
Code, 6253, 6254.} (Gov. Code, 6254, subd. (k), incorporates
privileges or confidentiality provisions from other state and federal
laws. There are hundreds of Government Code sections that may
apply depending on the type of public record in the Department's
possession [see, e.g., Gov. Code, 6275-6277].)
3) In all other circumstances, the decision to produce a record, or
segregable portion thereof, involves the balancing of the public's
right to monitor the functioning of their government against an
individual's constitutional right of privacy. (Gov. Code, 6255.}
4} Note: It is always proper to release unredacted copies of a record
to the provider of the document.
5) In determining what portions of the records are exempt from
disclosure, the Custodian of Records must consider the identity and
status of the requestor (complainant, respondent or third party).
The guidelines to be used in determining the portions of the record
exempt from disclosure are set forth below.
-5- 11/09/07
DIR600
6) Any and all information received from the Equal Employment
Opportunity Commission in the course of investigating a case is to
be withheld consistent with the confidentiality provisions of Title VII
of the Civil Rights Act of 1964,42 u.s. c. section 2000e-8; Age
Discrimination in Employment Act of 1967, 29 U.S.C. section 626;
Equal Pay Act of 1963, 29 U.S.C. section 206(d); and Americans
with Disabilities Act of 1990, 42 U.S.C. section 12188. EE0-1
reports are not to be produced including, but not limited to, the
federal identification number or other information that would identify
the reporting entity included on an EE0-1 report.
Guidelines for Record Production: ThirdParty Request
1) The name of the complainant, even when the requestor provides
the name of the complainant when making the request, will be
redacted, unless it appears from the file materials that the
complainant has already publicly disclosed the circumstances of
his/her complaint. (Gov. Code, 12962, 6255.) The evaluation of
whether the complainant has waived his/her right to privacy by
publicly disclosing the circumstances surrounding the complaint will
not be based on reference to any material not in the case file.
2) The name of an individual respondent will be redacted, even if it
has been identified by the requestor in the request, unless it
appears from the file materials that the respondent's participation or
involvement in the circumstances of the complaint have been
publicly disclosed. (Gov. Code, 6255.) It is not necessary to
redact the name of the respondent when the respondent is a
corporation or a public employee acting in his/her official capacity.
3) The name(s) and/or other identifying information of any third-party
witness(es) wm be redacted, unless the third-party witness is a
public employee acting in his/her official capacity. (Cal. Con st.,
Art. I, 1; Gov. Code, 6255.)
4) Home addresses, home telephone numbers, bank account
numbers, social security numbers, driver's license numbers and
dates of birth for all individuals will be redacted. (Cal. Const., Art I,
1; Gov. Code, 6254, subd. (c).)
5) Personal information, the disclosure of which would per se
constitute an unwarranted invasion of privacy, will not be produced.
Specifically, all personnel/employment files, medical files and
banking/financial records will not be produced. (Gov. Code,
6254, subd. (c).)
6} Do not produce any information gathered in the course of efforts to
eliminate an unlawful practice through settlement efforts, such as
-6- 11/09/07
DIR600
conference, conciliation, and persuasion. Note: Final settlement
agreements are not exempt from production, but must be redacted
as appropriate. (Gov. Code, 6254, subd. (k) , and 12963.7; Evid.
Code 1040, subd. (b)(1 ).)
7) Records that reflect notes, memoranda or legal opinions of any
DFEH attorney will not be produced. (Gov. Code, 6254, subd.
(k); Code Civ. Proc., 2018, subds. {a}, (b), (c), and (d); Evid.
Code, 1040, subd. (b)(1), and 952 et seq.)
8) Information that reflects a communication between DFEH Legal
and Enforcement staff or between DFEH Legal and Executive staff
will not be produced. Such documents are protected by the
attorney/client pri vilege. (Gov. Code, 6254, subd.(k); Evid. Code,
952.) Note: Progress memos are not exempt from production,
but must be redacted as appropriate. (Gov. Code, 11507.6.
subd. (f).)
9) Records pertaining to pending litigation to which the Department is
a party will not be produced. Such documents are exempt from
disclosure until the pending litigation has been finally adjudicated or
otherwise settled. (Gov. Code, 6254, subd. {b).)
1 0} Preliminary drafts, notes or interagency or intra-agency memoranda
that are not retained by the Department in the ordinary course of
business, provided that the public interest in withholding those
records clearly outweighs the public interest in disclosure, will not
be produced. Such documents are exempt from disclosure. (Gov.
Code, 6254, subd. (d)(3).)
11) Records of investigations received from other state or local
agencies for correctional , law enforcement or licensing purposes
will not be produced. Such documents are exempt from disclosure.
(Gov. Code, 6254, subd. (f).)
12) Records that were provided to DFEH with a promise of
confidentiality will not be produced. Such documents are exempt
from disclosure. {Evid. Code, 1040, subds. (a) and (b)(2).)
Note: The promise of confidentiality means the Department agreed
to keep the information confidential at the time it was received. A
party cannot unilaterally designate such information as confidential.
-7- 11/09/07
DIR 600
F. Guidelines for Record Production: Complainant or Complainant's
Attorney Request
1) If the complainant provided, prepared, or received the document in
an unredacted state, the document does not need to be redacted
regardless of the information contained in the document. If none of
the above applies, the document will be redacted as set forth
below.
witness(es) will be redacted, unless the third-party witness is a
public employee acting in his/her official capacity. (Cal. Const.,
Art. I, 1; Gov. Code, 6255.}
numbers, social security numbers, driver's license numbers and
dates of birth for all respondents and witnesses will be redacted.
(Cal. Const., Art. I, 1; Gov. Code, 6254, subd. (c).)
banking/financial records should not be produced. (Gov. Code,
6254, subd. (c).)
5) Do not produce any information gathered in the course of efforts to
eliminate an unlawful practice through settlement efforts, such as
as appropriate. (Gov. Code, 6254, subd. (k), and 12963.7; Evid.
Code 1040, subd. (b)(1 ).)
6) Any record that reflects notes, memoranda, or legal opinions of any
OFEH lawyer will not be produced. Such documents are protected
by the attorney/client privilege. (Gov. Code, 6254, subd. (k);
Code Civ. Proc., 2018, subds. (a), (b), (c), and (d); Evid. Code,
1040, subd. (b)(1), and 952 et seq.}
will not be produced. Such documents are protected by the
attorney/client privilege. (Gov. Code, 6254, subd. (k); Evid. Code,
952.) Note: Progress memos are not exempt from production,
but must be redacted as appropriate. (Gov. Code, 11507.6.
subd. (f).)
-8- 11/09/07
disclosure. (Gov. Code, 6254, subd. (b).)
9) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the Department in the ordinary
course of business will not be produced, provided that the public
interest in withholding those records clearly outweighs the public
interest in disclosure. Such documents are exempt from
disclosure. (Gov. Code, 6254, subd. (a).)
1 0) Records of investigations received from other state or local
agencies for correctional, law enforcement, or licensing purposes
11) Records that were provided to DFEH with a promise of
confidentiality will not be produced. (Evid. Code, 1040, subds. (a)
and {b)(2).) Note: The promise of confidentiality means the
Department agreed to keep the information confidential at the time
it was received. A party cannot unilaterally designate such
information as confidential.
G. Guidelines for Record Production: Respondent or Respondent 's
Attorney Request
DIR 600
1) If the respondent provided, prepared, or received the document in
an unredacted state, the document does not need to be redacted
regardless of the information contained in the document. If none of
the above applies, redact the document as set forth below.
witness(es), unless the third-party witness is a public employee
acting in his/her official capacity, will be redacted. (Cal. Canst. ,
Art. I, 1 ; Gov. Code, 6255.)
numbers, social security numbers, driver's license numbers, and
dates of birth for all complainants, witnesses and any
will be redacted. (Cal. Canst., Art. I, 1; Gov.
Code, 6254, subd. (c).)
banking/financial records should not be produced. {Gov. Code,
6254, subd. (c).)
-9- 11/09/07
5) Do not produce any information gathered in the course of efforts to
el iminate an unlawful practice through settlement efforts, such as
as appropriate. (Gov. Code, 6254, subd. (k), and 12963. 7; Evid.
Code 1040, subd. (b)(1).)
6) Records that reflect notes, memoranda, or legal opinions of any
DFEH lawyer will not be produced. Such documents are protected
by the attorney/client privilege. (Gov. Code, 6254, subd. (k);
Code Civ. Proc., 2018, subds. (a), (b), (c), and (d); Evid. Code,
1040, subd. (b)(1), and 952 et seq.)
will not be produced. Such documents are protected by
the attorney/client privilege. (Gov. Code, 6254, subd. (k); Evid.
Code, 952.) Note: Progress memos are not exempt from
production, but must be redacted as appropriate. (Gov. Code,
11507.6. subd. (f).)
disclosure. (Gov. Code, 6254, subd. (b).)
9) Do not produce any prel iminary drafts, notes, or interagency or
intra-agency memoranda that are not retained by the Department in
the ordinary course of business, provided that the public interest in
withholding those records clearly outweighs the public interest in
disclosure. Such documents are exempt from disclosure. (Gov.
Code, 6254, subd. (a).)
1 0) Records of investigations received from other state or local
agencies for correctional , law enforcement, or licensing purposes
11) Records that were provided to the Department with a promise of
confidentiality will not be produced. (Evid. Code, 1040, subds. (a)
and (b)(2).) Note: The promise of confidentiality means the
Department agreed to keep the information confidential at the time
it was received. A party cannot unilaterally designate such
information as confidential.
H. Guidelines for Record Product ion: Government Entity Request
DlR 600
1) There is no provision in the PRA that accords governmental entities
preferential access to public records. Nonetheless, the Information
-10- 11/09/07
'.
DIR 600
Practices Act provides for direct transfer of documents from one
governmental entity to another (i.e., without redaction) under the
following circumstances:
a) When a transfer is necessary for the transferee entity to
perform its constitutional or statutory duties, and the use is
compatible for the purpose for which the information was
collected. Use is compatible if the use of the information is
needed in an investigation of unlawful activity or failure to
comply with a specific state law, under the jurisdiction of the
requesting entity or for licensing, certification, or regulatory
purposes. (Civ. Code, 1798.24, subds. (e), (o) and (p).)
b) Disclosure of information under these circumstances
requires the transferring entity to maintain a log containing
the date, nature and purpose of the disclosure of each
record. (Civ. Code, 1798.25.)
c) Do not produce any information gathered in the course of
efforts to eliminate an unlawful practice through settlement
efforts, such as conference, conciliation, and persuasion.
Note: Final settlement agreements are not exempt from
production, but must be redacted as appropriate. (Gov.
Code, 6254, subd. (k), and 12963.7; Evid. Code 1040,
subd. (b)(1).)
d) Records that reflect notes, memoranda, or legal opinions of
any DFEH lawyer. Such documents are protected by the
attorney/client privilege and will not be produced. (Gov.
Code, 6254, subd. (k); Code Civ. Proc., 2018, subds. (a),
(b), (c), and (d); Evid. Code, 1040, subd. (b)(1 ), and 952
et seq.)
e) Information that reflects a communication between DFEH
Legal and Enforcement staff or between DFEH Legal and
Executive staff will not be produced. Such documents are
protected by the attorney/client privilege. (Gov. Code,
6254, subd. (k); Evid. Code, 952.) Note: Progress
memos are not exempt from production, but must be
redacted as appropriate. (Gov. Code 11507.6. subd. (f) .)
2) This section does not apply in instances where the government
entity or its representative seeks documents in its role as a
respondent or representative of a respondent. Such requests will
be processed in accordance with section F., above.
-11- 11/09/07
. '.
I. Subpoenas
Subpoenas issued to district offices should be handled by the district office
in conformance with Directive 603, "Response to Third-Party Subpoenas."
5. APPROVAL:
Wanda J. Kirby, Acting Director Date
DIR 600 -12- 11/09/07
Yvette Oblander
From:
Sent:
Hendricks, Colin [CHendricks@SYCR.com]
Thursday, August 14, 2014 9:21 AM
To: Yvette Oblander
Subject: Re: PRA 2014-090
Hi Yvette, the response letter has not gone out. Don Freeman's office is still deliberating before making the final
decision on how to respond. Mr. Freeman's legal assistant Leanne is the best contact there. I will let you know if
I hear anything as well. Last I heard, we are aiming to send it today unless Mr. Freeman needs more time and
receives an informal time extension from the requestor.
Colin A. Hendricks, Of Counsel
Stradling Yocca Carlson & Rauth
Sent from my mobile device. Please excuse any typos.
Yvette Oblander <YOblander@ci.carmel.ca.us> wrote:
Colin,
From the direction of Jeffrey, will you be able to help me and let me know if a f inalization letter has been sent out to
Mary Schley at the Carmel Pine Cone for this PRA Request? More information is available in the below emails. Please let
me know if you have any questions.
Regards,
W u e ~ ~ e O ~
Executive Assistant
P.O. BoxCC
Carmel, CA.93921
yoblander@ci.carmel. ca.us
Office- (831 )620-2056
Mobile -(831 )869-6625
Fax - (831 )-620-2004
From: Dinkin, Jeffrey A. [mailto:JDinkin@SYCR.com]
Sent: Wednesday, August 13, 2014 7:05PM
To: Yvette Oblander
Cc: Hendricks, Colin
Subject: RE: PRA 2014-090
Colin Hendricks is handling this request.
fle can respond to your request.
---- -------
'Please direct future communications regarding PRA matter to his attention.
Jeffrey A. Dinkin
1
Stradling Yocca Carlson & Rauth, P.C.
800 Anacapa Street, Suite A I Santa Barbara, CA 93101
(o) 805.730.68201 (f) 805.730.68011 (c) 805.866.9011
jdinkin@sycr.com I sycr.com
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From: Yvette Oblander [mailto:YOblander@ci.carmel.ca.us]
Sent: Wednesday, August 13, 2014 1:24PM
To: Dinkin, Jeffrey A.
Subject: FW: PRA 2014-090
Mr. Dinkin,
1 would like to follow up on a request that our City Attorney has had for a PRA Request. Leanne has referred me to you,
and that you would have the completion letter for this PRA Request. The request comes from Mary Schley from the
Carmel Pine Cone, Show was asking for copies of any complaints filed by the state Department of Fair Employment and
Housing (DFEH) and any other state and federal agencies since Jan. 1, 2014.
If a letter has been sent out TO Mary Schley, would you please send me some kind of confirmation that this PRA
Request is now completed or if this will need to be extended, for my records?
Please let me know if you have any questions, thank you for your help.
Regards,
wtttfle ~
Executive Assistant
P.O. Box CC
Carmel, CA.93921
yoblander@ci.carmel.ca. us
Office- (831)620-2056
Mobile -(831 )869-6625
Fax- (831)-620-2004
From: Leanne Graham [mailto:klqleqal@hotmail.com]
Sent: Tuesday, August 12, 2014 1:42PM
To: Yvette Oblander
2
You will have to check with A tty Jeff Dinkin on that one. Don requested a response from him by today ...
THANKS, Leanne
, (Sent from my iPhone. Apologies for any typos.)
On Aug 12, 2014, at 1:34PM, "Yvette Oblander" <YOblander@ci.carmel.ca.us> wrote:
Leanne,
This is for the request from Mary Schley at the Pinecone, for Copies of any documents filed by the state
department of Fair Employment and Housing.
Yvette
From: Leanne Graham [mailto:klgleqal@hotmail.com]
Sent: Monday, August 11, 2014 4:58PM
To: Yvette Oblander
Want to send me a copy please? I don't have a numbering system here ...
Leanne Graham
Legal Assistant to Donald G. Freeman
(831}624-5339 Extension 11
NOTICE: PRIVILEGED, CONFIDENTIAL MATERIAL
The information contained in this electronic transmission and any accompanying attachment is covered by
the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is also confidential and privileged as
attorney client communication and/or attorney work product. If you are not the intended recipient set forth
above as such, or an agent responsible for delivering these materials to the named addressee, privilege
prohibits using, disclosing, copying or otherwise disseminating this material, and any action taken or not
taken in reliance upon this electronic transmission, its contents and/or any attachment is unauthorized and
prohibited. Please immediately contact the sender at (831) 624-5339 Extension 11 to arrange return of these
materials at our expense and, after arranging for their return, please immediately delete and destroy this
transmission, any attachments, and any copies which have been made, printed, downloaded, or saved,
including the original and all copies automatically saved or backed up on any electronic storage device. Your
cooperation and courtesy in this regard will be greatly appreciated.
3
From: YOblander@ci .carmel.ca.us
To: klglegal@hotmail.com
CC: lfrontella@ci.carmel.ca.us
Subject: PRA 2014-090
Date: Mon, 11 Aug 2014 23:58:20 +0000
Leanne,
Is there something that you can send me for our records, that shows that you have taken this
over and something has been sent out?
Thanks,
Yvette
4
(
From: Leanne Graham [klglegal@hotmail.com]
Tuesday, August 12, 2014 1:42 PM
Yvette Oblander
Sent:
To:
You will have to check with Atty JeffDinkin on that one. Don requested a response from him by today ...
THANKS, Leanne
(Sent from my iPhone. Apologies for any typos.)
On Aug 12, 2014, at 1:34PM, "Yvette Oblander" <YOblander@ci.carmel.ca.us> wrote:
Leanne,
This is for the request from Mary Schley at the Pinecone, for Copies of any documents filed by the state
department of Fair Employment and Housing.
Yvette
From: Leanne Graham [mailto:klglegal@hotmail.com]
Sent: Monday, August 11, 2014 4:58 PM
To: Yvette Oblander
Want to send me a copy please? I don't have a numbering system here ...
Leanne Graham
(831)624-5339 Extension 11
The information contained in this electronic transmission and any accompanying attachment is covered by
the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521, and is also confidential and privileged as
attorney client communication and/or attorney work product. If you are not the intended recipient set forth
above as such, or an agent responsible for delivering these materials to the named addressee, privilege
prohibits using, disclosing, copying or otherwise disseminating this material, and any action taken or not
taken in reliance upon this electronic transmission, its contents and/or any attachment is unauthorized and
prohibited. Please immediatelv contact the sender at (831) 624-5339 Extension 11 to arrange return of these
materials at our expense and, after arranging for their return, please immediately delete and destroy this
transmission, any attachments, and any copies which have been made, printed, downJoaded, or saved,
1
including the original and aU copies automatically saved or backed up on any electronic storage device. Your
cooperation and courtesy in this regard will be greatly appreciated.
From: YOblander@ci.carmel.ca.us
To: klglegal@hotmail.com
CC: lfrontella@ci.carmel.ca.us
Date: Mon, 11 Aug 2014 23:58:20 +0000
Leanne,
Is there something that you can send me for our records, that shows that you have taken this
over and something has been sent out?
Thanks,
Yvette
2
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Attachments:
Ms. Schley,
Yvette Oblander
Wednesday, August 06, 2014 3:18PM
Lori Frontella; 'Leanne Graham'
PRA Request
pra 2014-090 extension letter. pdf
Regards,
Wl/QL., l/.6&-uuk""
Executive Assistant
P.O. Box CC
Carmel, CA.93921
yoblande r@ci .carmel .ca. us
Office - (831}620-2056
Mobile -(831}869-6625
Fax - (831}-620-2004
I
I
I
---
-
tvlll

1
August 6, 2014
POST OFFICE BOX CC
( 831) 620-2000
Mary Schley
Carmel Pine Cone
Re: to Public Records Request (No. 2014-090)
Dear Ms. Schley:
Veryt
. w

rontella
Interim City Clerk
\
From : Mary Schley
Subject : Request for documents
Hi Jason,
Please forward to me copies of any complaints filed by the state Department of Fair Employment and Housing
(DFEH) and any other state and federal agencies since Jan. 1, 2014. Please also provide any other related documents
or correspondence.
Thanks,
Mary
(831) 274-8660
1
Due Date: 3 [!{/ L/ File No.:dJ:0/L[ --ffJ{)
(Office Use Only} (Office Use Only}
Date of Request: _-' 1 ....... /_J.$ ....,_-4-- /lj _,_____ Requested By:
Company: ______
Address: __________________________________________________________________ __
(City has 10 days to determine whether the request in whole or in part is disclosable public record pursuant to GCS 6253(C).
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:-------
Completed by: ___ _
Tot al Coast
I
(Program 353)
PRA NotJfJtLf- Dtlm Date:
~ l t L
AGENCY
manuals to comply with t he On- Stilwell
0
going Reimbursable Activiti es
Raynor
0
listed below
0
listed below (one-t i me per
0
Raynor
REIMBURSABLE ACTIVITIES - ON-GOING COSTS
Activities Name/Department Title Time Spent' Other
Receives, records, and routes t o
~ ~
)
B-P-
~
appropriat e department for
u
processing. Assigns fi le No.
(includes drafti ng, editing and
obtai ning approval and
requestor)
requestor when t he disclosure
(c)(l)-(4), set ting fort h the
reasons of the extension and t he
date on which a det ermination is
Provide written notice t o the
public record. {I dentify records
and informat ion pertaining to
ecords exist; provide
'Jgestions for overcoming any
,.,ractical basis for denying access
sought)
Tot al Time Spent :

Request No. 2014-91

Information Requested: See original request; any and all documents, written
materials and electronic data and communications, including, but not limited to,
county policies , memoranda , directives , audits or other reports, correspondence
and notes received, maintained or generated by the City of Carmel-by-the-Sea, you
or any other employee of your agency from J uly 15, 2011, to the date of this
request that document, report , make reference to, or demonstrate any information
related to firepits

Due Date: <i }D )/l{
(Office Use Only)
File No.: d[}Jtj-
(Offi ce Use Only)
Date of Request: 1/ '?JV [1 t-( Requested By:
Company: eJtJpW ctJ
Address: j DC:::6Wl law C
Phone, Fax, Email : II (
Info Requested (be specific): ..,()U..- J,b/)jN

Date Desi red: ________________________________ _
(City has 10 days to determine whether the request in whole or in part is a disclosable public record pursuant to GCS 6253(C).
Persons/Depart ents 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: - - ---- ----
Completed by: ___ _
Total Coast
(Program 353)
PRA Nq3/)jlj-dil) l Date:
AGENCY
REIMBURSABLE ACTIVITIES - ONE TIME COSTS
D
Raynor
D
listed below
D
Raynor
D
Activities Name/Departfl'\ent Title Time Spent Other

(/
written noti ce to the requestor
disclosing the determinat ion and
for the determination
requestor)
to circumstances" as
review of the written Ia nguage in
for overcoming any
,ractical basis for denying access
sought)
Total Time Spent:
Telephone: (310) 546-9118
(310) 546-4208
Law Offices of
San/orJ Jo66en
136 Main Street
Suite E
El Segundo, CA 90245
July 25 , 2014
Carmel-by- the-Sea City Hall
P. O. Box CC
Carmel -by-t he-Sea , CA 93921
Dear Sir or Madam/Counsel:
Facsimile: (310) 546-3806
jossenlaw@aol.com
Pursuant to the Public Records Act , Government Code 6250 , et
seq ., I request any and all documents , written materials and
electronic data and communications , including, but not limited to,
county policies , memoranda , directives, audits or other reports,
correspondence and notes received , maintained or generated by the
City of Carmel-by-the-Sea, you o r any other employee of your agency
from July 15 , 2011, to the date of this request that document,
report , make reference to, or demonstrate any of the foll owing
information :
1. Receipt of any and all claims arising from firepits;
2. All agreements , contracts or writings , as that term is
defi ned by the California Evidence Code, which concern ,
refer to or describe the responsibilities of the City of
Carmel-by- the-Sea [Department of Beaches or any other
agency or department thereof] for the care , maintenance
and inspection of its firepits thereon which was in
effect during the last five [5] years ;
3. All reports or writings, as that term is defined by the
California Evidence Code , which concern, refer to or
describe any claims arising out of injuries sustained
which involved a fire pit which were received by the City
of Carmel-by-the-Sea during the last five [5] years;
4. The number of claims made against the City of
Carmel-by-the- Sea arising out of injuries sustained by
members of the public which involved a fire pit during
the last five [5] years ;
Law Offices of
Sanjo,.J Jo66en
Carmel-by-the-Sea City Hall
July 25 , 2014
Page 2
5. All policies , procedures or writings, as t hat term is defined
by the California Evidence Code , were in effect during the
last five [5] years which concern, refer to or describe the
maintenance , inspection and repl acement of the f ire pits on
beaches located within the City o f Carmel -by-the-Sea ;
6. All memos o r writings, as that term is defined by t he
California Evidence Code , which concern , refer to or describe
the presence , maintenance, inspection, replacement or claims
arisi ng out o f the existence of fire p i ts which were authored ,
generated, written or circulated by the City of
Carmel-by-the-Sea , during the last five [5] years .
If you require any additional information or f ees from me,
please let me know .
I look for ward to receipt of the requested information .
Thank you for your attention to thi s matter .
Yours truly,
SANFORD JOSSEN
SJ:sbw
FOIA.LTR - Carrnel . wpd
POST OFFICE BOX CC
(831) 620-2000

August 8, 2014

VIA ELECTRONIC MAIL to: jossenlaw@aol.com


Dear Mr.J ossen:

The City of Carmel-by-the-Sea (City) received your emailed California Public




Very truly yours,

Lori Frontella
Interim City Clerk
August 8, 2014
POST OFFICE BOX CC
(831) 620-2000
Sanford Jossen
Noble Ventures Inc.
Dear Mr. Jossen:
The City of Cannel-by-the-Sea ("City'') received your California Public Records
Very truly yours,
~ ~
Lori Frontella
Interim City Clerk
Telephone: (310) 546-9118
(31 0) 546-4208
Law Offices of
San/ord Joooen
136 Main Street
Suite E
July 5 ~ 2014
Carmel - by-the- Sea City Hall
P. O. Box CC
Carmel-by- the-Sea, CA 93921
Facsimile: (310) 546-3806
jossenlaw@aol.com
I RECEIVE:J JUL 3 0 2014
Pursuant to the Public Records Act , Government Code 6250 , et
seq . , I request any and all documents , written materials and
county policies , memoranda , directives , audits or other reports ,
correspondence and notes received, maintained or generated by the
City of Carmel-by-the-Sea , you or any other employee of your agency
from July 15 , 2011 , to the date of this request that document,
report , make reference to, or demonstrate any of the following
information :
1 . Receipt of any and all claims arising from firepits ;
2 . All agreements , contracts or writings , as that term is
defined by the California Evidence Code , which concern ,
Carmel -by- the-Sea [Department of Beaches or any ot her
and inspection of its firepi ts thereon which was in
effec t duri ng the last five [5 ] years ;
3 . All reports or writings , as that term is defined by the
California Evidence Code , which concern, refer to or
of Carmel-by-the-Sea during the last five [5) years ;
4 . The number of claims made against the City of
Carmel-by-the- Sea a rising out of injuries sustained by
the last five [5] years ;
Law Offices of
San/ord Jo66en
Carmel - by- the-Sea City Hall
July 25 , 2014
Page 2
5 . All policies , procedures or writings , as that term is defined
maintenance, inspection and replacement of the fire pits on
beaches located within the City of Carmel-by-the-Sea;
6 . All memos or writings , as that term is defined by the
Cali fornia Evidence Code , which concern, refer to or describe
the presence , maintenance , inspection, replacement or claims
arising out of the existence of fire pits which were authored,
generated, written or ci rculated by the City of
Carmel-by-the-Sea , during the last five [5] years.
If you requi re any additional information or fees from me ,
I look forward to receipt of the requested information .
Thank you for your attention to this matter.
Yours truly,
SANFORD JOSSEN
SJ: sbw
FOIA.LTR- Carrnel.wpd
August 8, 2014
POST OFFICE BOX CC
(831) 620- 2000
Dear Mr.Jossen:
("CPRA"), the City has determined that your Records Request seeks disclosable public
Very truly yours,
~ ~
Lori Frontella
Interim City Clerk
Sanford Jessen
Law Offices of Sanford Jessen
136 Main Street, Suite E
EISegundo,CA 90245
POST OFFICE BOX CC
(831) 620-2000
August 7, 2014
Re: Public Records Act Request dated July 25, 2014
Dear Ms. Jessen:
A search for the requested records pursuant to your Public Records Act request dated July 25, 2014,
received by the City of City of Carmel-by-the-Sea on July 30, 2014, has resulted in the following responses:
REQUEST 1:
RESPONSE:
REQUEST 2:
RESPONSE:
REQUEST 3:
RESPONSE:
REQUEST 4.:
Receipt of any and all claims arising from firepits
The City of City of Carmel-by-the-Sea has not received any claims
arising from fire pits in the last five years
All agreements, contracts or writings, as that term is defined by the California
Evidence Code, which concern, refer to or describe the responsibilities of the
City of Carmel-by-the-Sea [Department of Beaches or any other agency or
department thereof] for the care, maintenance and inspection of its firepits
thereon which was in effect during the last five [5) years
The City of Carmel-by-the-Sea does not own nor provide fire pits
All reports or writings, as that term is defined by the California Evidence Code,
which concern, refer to or describe any claims arising out of injuries sustained
which involved a fire pit which were received by the City of Carmel-by-the-Sea
during the last five [5) years
There are no reports or writings as defined by the California Evidence
Code which concern, refer to or describe any claims arising out of injuries
sustained which involved a fire pit and were received by the City of Carmel-by-
the-Sea during the last five years.
The number of claims made against the City of Carmel-by-the-Sea arising out of
injuries sustained by members of the public which involved a f ire pit during the
last five [5] years
RESPONSE:
REQUEST 5.:
RESPONSE:
REQUEST 6.:
RESPONSE:
POST OFFICE BOX CC
(831) 620-2000
The City of Carmel-by-the-Sea has not received any claims against the
City arising out of injuries sustained by members of the public which involved a
fire pit during the last five years
All policies, procedures or writings, as that term is defined by the California
Evidence Code, were in effect during the last five [5] years which concern, refer
to or describe the maintenance, inspection and replacement of the fire pits on
beaches located within the City of Carmel-by-the-Sea
The City of Carmel-by-the-Sea has not had during the last five years,
nor does it currently have, any policies, procedures or writings, as defined by
the California Evidence Code, in effect during the last five years which concern,
refer to or describe the maintenance, inspection and replacement of fire pits on
beaches located within the City of Carmel-by-the-Sea
All memos or writings, as that term is defined by the California Evidence Code,
which concern, refer to or describe the presence, maintenance, inspection,
replacement or claims arising out of the existence of fire pits which were
authorized, generated, written or circulated by the City of Carmel-by-the-Sea,
during the last five [5] years
The are no memos or writings as that term is defined by the California
Evidence Code which concern, refer to or describe the presents, maintenance,
inspection, replacement or claims arising out of the existence of fire pits which
were authorized, generated, written or circulated by the City of Carmel-by-the-
Sea, during the last five {5] years
Please be advised that every effort has been made to provide all of the records which might fall within the
scope of your subpoena, and, as such, we believe our reply is quite thorough. However, if you have knowledge of
a specific document which has not been provided in response to your Public Records Act request please notify us
and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure.
Very truly yours,
Lori Frontella
Interim City Clerk
Telephone: (310) 546-9118
(310) 546-4208
Law Offices of
San/c)J,j Jo66en
136 Main Street
Suite E
July 25', 2014
Carmel - by- the- Sea City Hall
P.O. Box CC
Carmel - by-the-Sea, CA 93921
Facsimile: (310) 546-3806
jossenlaw@aol.com
I RECEIVE:J JUL 3 0 2014
Pursuant to the Pub lic Records Act , Government Code 6250, et
seq . , I request any and all documents , written materials and
county policies , memoranda , directives , audits or other reports,
correspondence and notes received, maintained or generated by t he
City of Carmel-by-the-Sea , you or any other employee of your agency
from July 15 , 2011 , to the date of this request that document ,
report, rna ke reference t o , or demonstrate any of the following
information :
1 . Receipt of any and all claims arising from firepits ;
2 . All agreements , contracts or writings , as that term is
defined by the California Evidence Code , which concern,
Carmel-by-the-Sea [Department of Beaches or any other
and inspection of its firepits thereon which was in
effect during the last five [5] years ;
3 . All reports or writings , as that term is defined by the
California Evidence Code , which concern , refe r to or
of Carmel - by-the-Sea during the last five [5] years;
4. The number of claims made against the City of
Carmel-by-the- Sea arising out of injuries sustained by
the l ast five [5) years;
Law Offices of
San/cnJ Jo66en
Carmel-by-the-Sea City Hall
July 25 , 2014
Page 2
5 . All policies , procedures or writings, as that term is defined
maintenance , inspection and replacement of the fire pits on
beaches located within the City of Carmel-by-the-Sea;
6 . All memos or writings , as that term is defined by the
California Evidence Code , which concern, refer to or describe
the presence , maintenance, inspection, replacement or claims
arising out of the existence of fire pits which were authored,
generated, written or circulated by the City of
Carmel - by-the- Sea , during the last five [5] years .
If you require any additional information or fees from me ,
I look forward to r eceipt of the requested information.
Thank you for your attention to this matter .
Yours truly,
SANFORD JOSSEN
SJ:sbw
FOIA.LTR - Carrnel.wpd

Request No. 2014-92

Information Requested: a potential court order; Comments per Leanne and Don
this is not considered a PRA request. 2014-092 is VOID

Yvette Oblander
From:
Sent:
To:
Don Freeman [cityatty@ix.netcom.com]
Saturday, August 02, 2014 7:39AM
Subject:
Leanne Graham; Yvette Oblander; Mike Calhoun; Lori Frontella; Jason Stilwell
Re: Fwd: PRA 2014-092
Yvette:
This does not qualify as a public record act request but is merely a request for comment.
Don
On 8/ 1/2014 5:58 PM, Leanne Graham wrote:
Don .. .I don't believe this is a public records act request I believe this to be a request for
comment. .. Right?
THANKS, Leanne
Begin forwarded message:
From: "Yvette Oblander" <YOblander@ci .carmel.ca.us>
To: "Mike Calhow1" <mcalhoun@ci .carmel.ca.us>, "Leanne Graham"
<klglegal@hotmail.com>
Cc: "Lori Frontella" <l frontella@ci.carmel. ca.us>, "Jason Stilwell"
<JStilwell@ci.carmel.ca.us>
Please see the request for this NEW PRA that is due on 8/8/ 14.
Regards,
Yvette Oblander
Executive Assistant
P.O. Box CC
Carmel, CA.93921
yoblander@ci.cannel.ca.us
Office- (831)620-2056
Mobile -(831 )869-6625
Fax - (831 )-620-2004
(Carmel By The Sea Logo for prototype of City Flag 2006]
1
Yvette Oblander
From:
Sent:
To:
Leanne Graham [klglegal@hotmail.com]
Tuesday, August 05, 2014 11 :33 AM
Yvette Oblander
Hi Yvette ... please un-log this as a PRA request ... it is merely a request for a comment from Mike Calhoun ... a
Public Records Act request is a request for an identifiable record which is held by the city ...
leanne Graham
(831)624-5339 Extension 11
The information contained in this electronic transmission and any accompanying attachment is covered by the Electronic
Communications Privacy Act, 18 U.S.C. 2510-2521, and is also confidential and privileged as attorney client communication
and/or attorney work product. If you are not the intended recipient set forth above as such, or an agent responsible for
delivering these materials to the named addressee, privilege prohibits using, disclosing, copying or otherwise disseminating this
material, and any action taken or not taken in reliance upon this electronic transmission, its contents and/or any attachment is
unauthorized and prohibited. Please immediately contact the sender at (831) 624-5339 Extension 11 to arrange return of these
materials at our expense and, after arranging for their return, please immediately delete and destroy this transmission, any
attachments, and any copies which have been made, printed, downloaded, or saved, including the original and all copies
automatically saved or backed up on any electronic storage device. Your cooperation and courtesy in this regard wiU be
greatly appreciated.
From: YOblander@ci.carmel.ca.us
To: mcalhoun@ci.carmel.ca.us; klglegal@hotmail.com
CC: lfrontella@ci.carmel.ca.us; JStilwell@ci.carmel.ca.us
Date: Sat, 2 Aug 2014 00:45:27 +0000
Please see the request for this NEW PRA that is due on 8/8/14.
I
Regards,
1
Yvette Oblander
From:
Sent:
Leanne Graham [klglegal@hotmail.com]
Friday, August 01, 2014 5:59 PM
To: Yvette Oblander
I'll check with Don but I don't believe this is a request for an identifiable record I
believe this is a request for a comment from Mike Calhoun ...
THANKS, Leanne
On Aug 1, 2014, at 5:43 PM, "Yvette Oblander" <YOblander@ci.carmel.ca.us > wrote:
> Please see the request for this NEW PRA that is due on 8/8/14.
>
> Regards,
>
> Yvette Oblander
> Executive Assistant
> City Of Carmel-by-the-Sea
> P.O. Box CC
> Carmel, CA.93921
> yoblander@ci.carmel .ca.us
I> Office - (831)620-2056
> Mobile -(831)869-6625
> Fax - (831)-620- 2004
>
> [Carmel By The Sea Logo for prototype of City Flag 2006]
>
> <image001. j pg>
> <pra 2014-092.pdf>
1
Due Date: O / f/' J
1
(Office Use
File No.:;J:O/ '-1
(Office Use Only)
Date of Request: Requested By:
Company: ___
Address: _____ .
Date Desired=---------------------------------
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:-------
Completed by: ___ _
Tot al Coast
I
CALI FORNIA PUBLIC RECORDS ACT
(Program 353}
PRA No:,.l()J i.J ... (1 '2. Date:
il:Ja/H
AGENCY
I
-
'
Activities Name/Department Tit le Time Spent Other
0
goi ng Reimbursable Activities
Raynor
0
listed bel ow
Train staff on i mplementing t he
0
Raynor
0
employee) - incl ude roster
Activit ies Name/Department Title Time Spent Other
electronic f ormat requested-
discl osing the determination and
; easons for the determination
(i ncludes drafting, editing and
transmitting the notice t o the
requestor)
Provide written not ice to the
to " unusl!al circumstances" as
(c)(l )-(4), setting forth the
reasons of t he extension and the
dat e on which a determination is
Provide written not ice to t he
t he notice - DOES NOT INCLUDE
LEGAl RESEARCH AND REVIEW
publ ic record. (Identify records
and informat ion pertaining to
r ~ o r d s exist; provide
Jggestions for overcoming any
sought)
Total Time Spent:
Yvette Oblander
From:
Sent:
To:
Subject:
Jason Stilwell
Thursday, July 31 , 2014 3:30 PM
Yvette Oblander
FW: Mclnchak
Yvette: please add to the log if you haven't already. Jason
- ----Original Message-----
From: Mary Schley [mailto:mary@carmelpinecone.com]
Sent: Tuesday, July 29, 2014 5:12 PM
To : Mike Calhoun
Cc: Jason Stilwell; Jason Burnett; Paul Miller
Subject: Mcinchak
Hi Mike,
Richard Rosen is saying his correspondence with you and the PO regarding a potential court
order for the return of Steve Mcinchak's property was the catalyst in your decision to close
the criminal investigation. Could you please confirm or deny that?
Also, any comments you'd like to make on the case/investigation would be greatly appreciated .
Thanks ,
Mary

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Pra Log July 2014

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PUBLIC RECORDS REQUEST LOG 2014

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