Pra Log May 2014

PUBLIC RECORDS REQUEST LOG 2014
Page 5 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
2014-52 5/1/14 05/11/14 Extension
5/16/2014
Complete 5/15/2014 Mary Schley,
Pine Cone
Please send me the
contracts for EXTTI and for
Sheppard et al.
Also, please explain the
redaction for EXTTI. It is
not a lawfirm, nor is the
individual working for the
city an attorney, so I
question the citation of
CA Code of Civil
Procedure section 2018.
The same is true for
Mark Alcock.
2014-53 4/30/14 05/10/14 Extension
5/16/2014
Complete 5/16/2014 Thomas Peele,
Reporter from
the Bay Area
News Group
Data showing the cost of
compensation for all full
and part time Carmel-by -
the-Sea employees and all
elected appointed officials,
including but not limited to,
board and commission
members,
Created a document
based on the requested
scope of information
2014-54 5/2/14 05/12/14 n/a Complete 5/12/2014 Neil Shapiro Set forth or describe the
document retention policy
of the City of Carmel by the
sea as it existed in J anuary
of 2011 and as it has been
modified, it at all, since
then, with respect to
employment applications

2014-55 4/27/14 05/07/14 n/a Complete 5/7/2014 Steve Kenny Demo 796 sq ft SFD built in
1939 to build NEW SFD.
Who the contractor and
architect are for this
project, including the
company name and
contact person.
research time : Roxanne
Ellis 30 Minutes- Rob
Mullane 10 Minutes
2014-56 5/7/14 05/17/14 n/a Complete 5/16/2014 Sue McCloud Please provide a copy of
what you (J ason Stilwell)
read at last nights (May 6)
Council meeting about the
Alcock charges
2014-57 5/7/14 05/17/14 n/a Complete 5/15/2014 Sue Mcloud Please provide a list of all
payments to Carver
&Schicketanz since April
2012 and 7X14 size for all
final design documents
2014-58 5/9/14 05/19/14 n/a Complete 5/15/2014 Andrei
Kondratien
Would like to know when a
resolution was passed that
lets each household in
Carmel by the Sea to have
a PO Box
2014-59 5/15/14 05/25/14 n/a Complete 5/23/2014 Sue McCloud Please provide a full
accounting of the sale of
the cities art, which I
believe was last November.
2014-60 5/18/14 05/28/14 Extension
6/11/14
6/25/2014
Complete 6/13/2014 Sue Mccloud Please provide costs to
date from April 201 for
Duckbrew, Inc. Neil
Engineers (only for Scenic
restrooms) Monterey
Energy Group, and Mirag
FS Limited
Per Sue McCloud, when
she wants to restart this
she contact us.
Page 6 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
2014-61 5/19/14 05/29/14 n/a Complete 5/28/2014 Mary Schley Could you please send me
the job description and
salary range of the
Executive Assistant
position? I dont recall that
going through City Council,
but may have missed it.
2014-62 5/25/14 06/04/14 n/a Complete 6/4/2014 Steve Kenny Could you please tell me
who the contractor and
architect are for this project
including the company
name and contact person,
contact address of project ,
DoloresSt, NE corner at
2nd
2014-63 5/27/14 06/06/14 n/a Complete 6/3/2014 Steve Kenny Remodeling Interior of
SFD, address is Forest
Ave, 2 NW of 7th St. Could
you please tell me who the
contractor and architect are
for this project, including
the company name and
contact person?
2014-64 5/29/14 06/08/14 Extension
6/20/14
Complete 6/20/2014 Susan
Goldbeck
Any writing which pertain to
the hearing wich is
referenced in exhibit A
relates to a use
permitamendment for live
music and for a seperat
use permit
2014-65 6/2/14 n/a Complete 6/2/2014 Larry Parsons
Monterey
Herald
would like to know that
name of the new person for
the Planning Commision
Board.
media inquiry
2014-66 6/3/14 06/13/14 Extension
6/27/14
Complete 6/13/2014 Mary Schley
Carmel Pine
Cone
Please provide me copies
of all the applicants
submitted for appointment
to the planning department.
Mary sent email saying
that she has the info
needed.
2014-67 6/11/14 06/21/14 n/a Complete 6/13/2014 Mr. Norbert
Kammer
A copy of the punch list for
Forest Theater when it is
posted online
2014-068 6/12/14 06/22/14 na Complete 6/13/2014 Robert Killian Agalli Fortunato Statue of
Venus sold at auction , how
much did it sell for ?
called Mr.Killian to let
him know the info is
ready for pick up at CH
2014-069 6/16/14 06/26/14 n/a Complete 6/16/2014 Larry
Parsons/Monter
ey Herald
Information on Franchise
agreement.
media inquiry
2014-070 6/16/14 06/26/14 n/a Complete 6/17/2014 Claudia
Melendez/Mont
erey Herald
Information on IT Manager
and the lawsuit
media inquiry
2014-071 6/17/14 06/27/14 n/a Complete 6/24/2014 SA Sandra
Flores
City Council Meeting
videos,and agendas for
dates
3/3,3/4,3/18,4/1,3/26/5/6
amd any other dates that
PG&E reps spoke.
2014-072 6/17/14 06/27/14 n/a Complete 6/27/2014 Stephen Moore Acopy of Bill Camilles
phasing plan for the Forest
Theater

Request No. 2014-52

Information Requested: Please send me the contracts for EXTTI and for Sheppard
et al.

Yvette Oblander
From:
Sent:
To:
Subject:
Jason Stilwell
Sunday, May 04, 2014 6:47PM
Yvette Oblander
FW: info on bills
Yvette, please add this to the log if it isn't already
From: Mary S [mts93921@gmail.com]
Sent: Wednesday, April30, 2014 9:51AM
To: Jason Stilwell; Paul Miller
Subject: Re: info on bills
Thank you. Please send me the contracts for EXTTI and for Sheppard et al.
Also, please explain the redaction for EXTTI. It is not a lawfirm, nor is the individual working for the city an
attorney, so I question the citation ofCA Code of Civil Procedure section 2018. The same is true for Mark
Alcock.
Mary
On Mon, Apr 28, 2014 at 5:17 AM, Mary S <mts93921 @grnail.com> wrote:
---------- Forwarded message ----------
From: Jason Stilwell <jstilwell@ci.carmel.ca.us>
Date: Fri, Apr 25, 2014 at 7:30PM
Subject: RE: info on bills
To: Mary Schley <mary@carmelpinecone.com>
Cc: Paul Miller <paul@carmelpinecone.com>
Mary: please see the attached correspondence in response to your request below. Jason
-----Original Message-----
From: Mary Schley [mai lto:mary@carmelpinecone.com]
Sent: Tuesday, April 01,2014 5:55PM
To: Jason Stilwell
Cc: Paul Miller
Subject: info on bills
Hi Jason,
Could you please provide me copies of the checks and invoices for the following:
127917, Mark Alcock, $8400
127886, EXTTI, $6787.98
127921, Mark Alcock, $18,000
127897, Mike's Auto Body, $5,435.14
127923, Sheppard Mullen Richter & Hampton, $1,103.71
1
I am not requesting the legal bills under the assumption that all of the pertinent information will be redacted, as
it has in the past.
Thanks,
Mary
Mary Schley, reporter
The Cannel Pine Cone
(831) 274-8660
mary@carmelpinecone.com
No virus found in this message.
Checked by A VG- www.avg.com
Version: 2014.0.4355 / Virus Database: 3722/7276- Release Date: 03/31/14
2
May 16, 2014
City of Carmel-by-the-Sea
POST OFFICE BOX CC
CARMEL-BY-THE-SEA, CA 93921
(831) 620-2000
VIA ELECTRONIC MAIL to: mary@carmelpinecone.com
The Cannel Pine Cone
Re: Response to Public Records Request (No. 2014-52)
Dear Ms. Schley:
The City of Carmel-By-The-Sea ("City") received your emailed California Public
Records Act request on May 1, 2014 ("Records Request"). This response is sent on my
authority as City Administrator.
In accordance with the requirements of the California Public Records Act, the City
has determined that it possesses the following records that may be responsive to your
request for "the contracts for EXTTI and for Sheppard et al.": One (1) letter of
engagement for EXTTI, Inc. and one (1) letter of engagement for Sheppard Mullin Richter
& Hampton LLP. Please be advised that the City has determined that the entirety ofboth
the foregoing letters of engagement is attorney work-product created in preparation of
litigation and therefore must be withheld from disclosure pursuant to the Attorney Work-
Product Exemption codified in California Code of Civil Procedure section 2018 et seq. and
applicable to the Public Records Act via Government Code Section 6254(k).
Regarding your request for the City to "explain the redaction" of invoices
previously provided to you via Public Records Request No. 2014-40, the City responds as
follows: The EXTTI, Inc. and Mark Alcock investigations were conducted in conjunction
with special counsel to the City in preparation of litigation. Therefore, the City was
required to redact attorney work-product contained in said invoices pursuant to Section
2018 et seq. ofthe Code of Civil Procedure.
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,
Jason Stilwell
9 ~ H
City Administrator
May 9, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: mary@carmelpinecone.com
The Carmel Pine Cone
Dear Ms. Schley:
The City of Carmel-By-The-Sea ("City") received your California Public Records
Act request on April 30, 2014 ("Records Request"). This response is sent on my authority
as City Administrator.
After review of your Records Request, the City has determined that due to the need
to search for, collect, and appropriately examine a voluminous amount of separate and
distinct records that are demanded in a single request, the City requires an extension of
time pursuant to California Government Code Section 6253 in order to adequately
determine whether the Records Request, in whole or in part, seeks copies of disclosable
public records in the possession of the City and provide notice of the reasons therefor. The
City expects to provide its detern1ination no later than May 16, 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
c 2 d m ~
Retainer Agreement
This agreement is between EX TTl, Incorporated and City of Carmel-by-the-Sea (hereinafter "the
Client"). EXTTI is being retained to provide limited legal services in the fonn of a workplace
investigation. EXTTI is being retained to conduct an impartial, independent investigation into
misconduct allegations made by one of the Client's employees, Jim Pindgree (hereinafter "the
Claimant") concerning Stuart Ross. These services are being provided to facilitate the rendering
of legal advice by the Client's in-house or outside counsel. EXTTJ personnel are not being hired
as advocates for the Client. The Client shall only use the results of the investigation for proper
and lawful purposes and shall comply with all applicable laws, including all labor and
employment Jaws; investigative reporting Jaws, including the Investigative Consumer Reporting
Agencies Act (JCRA); and Fair Credit Reporting Act (FCRA); and all applicable laws relating to
data privacy (including with respect to requests for data made by EXTTI personnel). EXTTI is
being retained to conduct this investigation (hereinafter "the Investigation") under the following
terms:
1. The purpose of the Investigation is to attempt to make factual detenninations concerning the
allegations made by the Claimant. The investigation will be conducted by EXTTI personnel.
EXTTI and its personnel are being retained as independent contractors and not as employees
of the Client.
2. In order to conduct the investigation, EXTTJ will be provided access to the Client's
employees. In addition, EXTTI will be given access to documents relevant to the
investigation requested by its personnel--subject to the Client's obligation to maintain the
privacy of employee records. The Client also will provide a copy of its relevant personnel
policies (including its harassment, discrimination and retaliation policies when the
allegations concern such issues).
3. EXTTI personnel will conduct those interviews which they deem appropriate according to
the needs of the Investigation. The individual or individuals who raised the allegations will
be interviewed (assuming they are willing to be interviewed) so that they may be given a full
opportunity to raise their allegations. The individual or individuals who are alleged to have
committed the improper actions will be given a fair opportunity to respond to the allegations
against them.
4. During the course of the Investigation, EXTTJ will report to Jeffrey A. Dinkin, Esq. Upon
completion of the Investigation, EXTTI will provide an oral report of the results of the
Investigation. Said oral report will concern EXTTI's factual findings. A written report and
recommendations will be provided, upon request.
5. Prior to the commencement of the investigation, EXTTI will be given a retainer of Five
Thousand Dollars ($5000). For all investigation services rendered, EXTTI will be paid an
EXTfl Retainer Agreement 2
hourly rate of Two Hundred Fifty Dollars ($250). The investigation will be supervised by
and will be conducted under the direction of an attorney. For all work supervising and
directing the investigation, EXTTI will be paid an hourly rate of Four Hundred Dollars
($400). If translation or private investigative services are needed and if EXTTI retains the
translator or private investigator (as opposed to the Client retaining them), EXTTI will be
reimbursed its actual cost for those services only. Jn addition to the above, EXTTI will be
reimbursed for reasonable out-of-pocket expenses incurred during the investigation including
mileage, photo copying, messenger or Federal Express charges, long distance telephone
charges, etc. If out-of-town travel is required, EXITI will be reimbursed for out-of-town
expenses including, coach airfare (first-class airfare for trips of three hours in duration or
longer), hotels, taxis, car rentals, meals, etc. A detailed listing of costs and fees will be
submitted on a monthly basis and will be paid in full by the Client within thirty days of
receipt. EXTII reserves the right to charge interest at the rate of 12% (compounded) per
annum for all bills not paid within this 30 day time frame.
6. Given the sensitive nature of the investigation, it is understood that EXTTI personnel will not
disclose to anyone (outside of EXTTI) any facts relating to the investigation--except: (1) to
the Client's representative (delineated in paragraph 4 above), to any other designated
representatives of the Client, or to anyone else as authorized by the Client; (2) to others
involved in the investigation--but only to the extent necessary to conduct the investigation;
(3) to others as required by law.
7. If there is a proceeding in which testimony of EXTII personnel is required, said personnel
will provide complete and truthful testimony. EXITJ personnel will be paid at the rate
delineated in paragraph 5 above both to prepare for such testimony and to testify. If
testimony is required. EXTTI retains the right to hire legal counsel with respect to any
services relating to such testimony. The Client will be responsible for payment of such legal
counsel at that counsel 's usual and customary rate but in no event greater than 90% of the
rate the Client is paying for the senior-most counsel involved in representing the Client in the
matter in which the testimony of EXTTI personnel is required.
8. EXTTI personnel must be able to seek out and support their conclusions without concern
about being possible defendants in a lawsuit. Accordingly, if as a result of services
perfonned or findings made by any EXTIJ personnel relating to the investigation, EXTTI or
its personnel (whether employees or independent contractors of EXTTI) are named as
defendants (or respondents, charged parties, or parties of any sort) in any legal action, the
Client will provide a defense at its expense through its legal counsel or, at EXITI's
discretion, will provide reimbursement for legal counsel chosen by EXTTI. The Client also
will indemnify and hold EXTII and its personnel (whether employees or independent
contractors) harmless with respect to any judgment entered against them or any settlement
Agreement (approved in advance by the Client) that is entered into. This paragraph does not
apply to any allegations brought by the Client, against EXTTI or its personnel.
9. EXTTI hereby advises Client that EXTII carries a current insurance policy for errors and
omissions insurance coverage.
EXIT! Retainer Agreement 3
I 0. Should any dispute arise between the parties hereto, it will be resolved through binding
arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures.
Any arbitration proceedings will be filed and heard in Los Angeles, California. The
prevailing party shall be entitled to costs and reasonable attorney' s fees.
II . The relationship bern:een EXTTI and the Client will end once a final report is delivered. If
testimony is required, the relationship will be in effect again--until such testimony has been
completed.
12. If any provision of this Agreement is deemed unenforceable, the remaining provisions will be
given full force and effect.
13. This Agreement will be governed by and construed, interpreted, applied, and enforced
according to the laws of California, including California law relating to choice of law.
14. This Agreement may be signed in sub-parts and may be transmitted by email and/or telecopy.
I 5. This Agreement constitutes the entire agreement between the parties relating to the subject
matters set forth herein. It only may be modified by a written agreement, signed by an Agent
of EXTTf and the Client.
For EXTTI, Incorporated: (Tax ID 95-4685649)
Michael A. Robbins, Esq.
Dated: January 16, 2014 President
For The Client:
Print Name: sh /u.xt (
Dated: t j;(p
I ,
Title:
SheppardMullin
December 19, 2013
VIA EMAIL & U. S. MAIL
Susan Paul
Administrative Services Director
P. 0 . Box CC
City of Carmel-by-the-Sea 93921
Re: Engagement of Sheppard, Mullin, Richter & Hampton LLP
Dear Ms. Paul :
Sheppard Mullin Richter & Hampton LLP
379 lytton Avenue.
Palo Alto, CA 94301-1479
650.815.2600 main
650.815.2601 main fax
www.sheppardmulfin.com
Paul S. Cowie
(650) 815-2648 direct

File Number.
The purpose of this letter is to confinn 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 selecting us as counsel.
1. Scope of Representation. Except as we may agree otherwise in writing, we will be
representing only the Ctty and will 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 beginning 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 agencles 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 di rectly. This letter constitutes your agreement to pay all such
Invoices prior to delinquency and to hold us harmless from your failure 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 obj ection 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

Ca 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 1 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 time 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 survive 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 time 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 (10) 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 to 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").
ShepDardMullin
Carmel-By-!he-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 political,
legislative, administrative, enforcement and tax matters; representation of
plaintiffs or defendants in civil actions; representation of defendants in civil or
criminal enforcement actions; tax matters; and transactions between Private
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 multi ple
clients 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 Vigor. Representation of multiple clients
may result in Jess vigorous assertion or protection of one client's separate
interests than if the attorney were to represent only that particular client.
i i. Confidential ity. 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 Parties 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.
S hepDa rdMullin
Carmel-By-,e-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 withdraw 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 the 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
constituencies 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 interest 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. Subject to our ethical obligation to give you reasonable notice to arrange for
alternate 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 wi ll 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 transaction. 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 rs 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. Arbitration. 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-lhe-Sea
December 19, 2013
Page 5 of 7
so agrees after any such dispute arises, or (fi) 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 remains 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, including 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 anything to the contrary in the JAMS rules, full
discovery shalf 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) shal l 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 foregoing is an acceptable basis for our engagement as counsel, I would appreciate it 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.
ShepDardMullin
Carmei-By-lhe-Sea
December 19, 2013
Page 6 of 7
Once again, thank you for selecting us to represent the City.
Sincerely,
j' ,,/
I '
! ; !...-': / 1
... , ..
I w. -
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, Mullin, 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
CITY
By:
ShepDardMullin
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
lexls/ 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.

Request No. 2014-54

Information Requested: Set forth or describe the document retention policy of the
City of Carmel by the sea as it existed in J anuary of 2011 and as it has been
modified, it at all, since then, with respect to employment applications

May 12, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices ofNeil L. Shapiro
2100 Garden Road, Suite C
Monterey, CA 93940
Dear Mr. Shapiro:
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 all records
that City staff could locate that "constitute, contain, set forth or describe the document
retention policy of the City of Carmel-by-the-Sea . .. " pursuant to your Records Request.
Very truly yours,
Jason Stilwell
~
City Administrator
CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The
Mayor serves a two-year term and members of the City Council serve four year tenns.
I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As
the titular head of the City Council, the Mayor represents the City at quasi-governmental
and social functions and may represent the City Council before other governmental
bodies on specific matters as my be authorized by the City Council.
B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in May. The Mayor Pro Tempore
shall not serve more than two consecutive one-year terms. This appointment is
announced by the Mayor, but does not need to be ratified by the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and
may attend social/quasi-governmental functions on behalf of the City.
C. Absence of both the Mayor and Mayor Pro Tempore
In the absence ofboth the Mayor and Mayor Pro Tempore, members of the City Council
shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the
Mayor Pro Tempore as described above.
II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of
Inspection) are regulated by Chapter 2 of the Municipal Code.
A. Agenda
Only items that are agendized may be acted on at any Council meeting.
Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of
all department directors and is reviewed at weekly staff Management meetings.
Members of the public are entitled to directly address the City Council concerning any
item that is described in the notice of the City Council meeting during consideration of
that item. Public comments or testimony on agenda items other than Public Appearances
shall be limited to a maximum of three minutes per speaker.
Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent
Agenda consists of routine and non-controversial City matters that can be as a whole
approved by a single majority vote. Any City Council Member or member of the public
may ask to have an item pulled from the Consent Agenda for discussion. Such items are
nonnally moved to the end of the meeting.
If a City Council Member has a question for information only about a Consent Agenda
item, the Member should ask prior to the meeting, rather than pulling the item for
discussion during the meeting.
Corrections to the Minutes are given to the City Clerk prior to the meeting so that
corrections can be made prior to their adoption.
Orders of Council
Orders of Council include reports of committee/commissions, ordinances and resolutions,
public hearings, reports of officials, unfinished business, and council matters.
Public Hearings consist of zoning amendments, General Plan amendments, appeals of
Commission decisions and other items mandated by the State. If the Public Hearing is an
appeal, appellants are allowed a total of 1 0 minutes to speak on their own behalf after the
staff report and at the close of public comment in order to have the opportunity to rebut
public comments. Other speakers will be allowed three minutes. Formal Public Hearings
must be advertised pursuant to State and Government Codes.
Ordinances are the most binding form of action the City Council can take. They are
codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal
law of the City. The City Council has authority to pass ordinances through Government
Code Section 37100, as long as these ordinances do not conflict with the laws and
Constitution of the State of California or ofthe United States. Ordinances require two
readings and do not become effective until 30 days after the second reading.
A resolution is a formal form of a motion normally utilized to set forth policy of the City.
Each resolution, in addition to being referenced by number and brief title in the minutes,
will be recorded as provided by law and maintained in numerical sequence as a
permanent record of the City in a separate set of books. Resolutions are used for various
reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where the
by the group. A specified time limit also may be set for the total presentation for any
group.
Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by
consensus.
Staff response to questions from the public.
Based on staff responses to the public, members of the City Council may wish to address
further questions to staff.
The Mayor/City Administrator/ Attorney shall remind the City Council of the
action before Council.
City Council discussion
City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has
been properly made and seconded, the Chair shall open the matter for discussion offering
the first opportunity to the moving party and, thereafter, to any City Council Member
properly recognized by the Chair. Once the matter has been fully discussed and the Chair
calls for a vote, no further discussion will be allowed.
Council Members may be allowed to explain their vote briefly for the record. Once a
vote is taken, all Council Members shall support the action taken.
Substitute motions
When a motion is on the floor, any member of City Council may make a substitute
motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the
main motion.
Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may
offer a motion for further action. If there is no action by an affirmative vote, the result is
no action. If the matter involves an appeal and an affirmative vote does not occur, the
result is that the decision appealed stands as decided by the decision-making persons or
body from which the appeal was taken.
Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next
succeeding meeting following a Council action for reconsideration. Such motions must
be made by a Council Member voting in favor of the original motion.
)
All City Council meetings are recorded. This ensures accuracy of the minutes and
provides a temporary record of the City Council proceedings. Once the minutes are
approved, legally, the recordings do not have to be retained. However, recordings of the
Council meetings are retained for 10 years; Planning Commission for seven years; and
recordings of other commissions/boards for two years.
Amended: June 5, 2012
MINUTES
AMENDED
REGULAR CITY COUNCIL MEETING
February 4, 2014
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 4:31 p.m. Mayor Burnett called the meeting to order.
PRESENT: Council Members Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
ABSENT: Council Member Beach-It was noted that Ms. Beach will be arriving late.
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
Marc Wiener, Senior Planner
III. PLEDGE OF ALLEGIANCE
Paul Miller, Pine Cone Editor led the audience in the pledge of allegiance.
Mayor Burnett announced that this marks the 1 ooth year anniversary of the Pine Cone and
accordingly presented a Proclamation commemorating such event.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition; Deanna Allen- Monterey Peninsula Regional Water Authority.
Mayor Burnett introduced Mr. Jim Cullen, Executive Director of the Monterey Peninsula
Regional Water Authority who then presented a Certificate of Appreciation for outstanding
contributions to Ms. Allen for her work in assisting the Authority with the annual audit and
other administrative tasks.
B. A proclamation was presented to Mr. Paul Miller.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND
THE CITY ADMINISTRATOR
A. Announcements from Closed Session.
City 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 are no
announcements for the public.
B. Announcements from City Council members
Council Member Theis announced that the Hospitality Improvement District (HID)
meetings are open to the public and that everyone is welcome; meets quarterly; next meeting
is April 24, 3:00p.m. to 5:00p.m.
Mayor Burnett stated he had two announcements; 1) the passing of former Interim City
Administrator John Goss; and 2) that we received a request to continue item E regarding
Wonderspace Carmel which is listed under orders of council.
C. Announcements from City Administrator.
1. City Administrator Stilwell summarized the discussion held on February 3 during the
workshop relative to the Shoreline and Forest Management Plans; stated that both were
listed as key initiatives; spoke about the process of implementation. Stated that the
shoreline plan focuses on signage; there will be a review of beach fire management
issues; public hearings on these and will come back to the council later on this year.
Additionally, Mr. Stilwell made comments relative to shoreline assessment, which will
review both the beach profile and underline structure of the bluffs to determine impacts.
As it relates to the Forest Management Plan, Mr. Stilwell indicated that the main focus is
to find ways to sustain the forest.
2. Agenda Forecast- Mr. Stilwell highlighted some items included in the forecast making
special mention of the facilities use plan workshop scheduled for March 3 and the
budget calendar dates.
3. Public Records Act Process-City Administrator Stilwell indicated that the process is
now better managed and more streamlined and that the Clerk is to manage the records
requests.
4. Presentation of FY 2012/2013 Financial Statement Audit-Mr. Stilwell introduced Joe
Arch with JJA CPA, Inc. , who presented the audit report.
5. Second Quarter Performance Report- City Administrator made brief remarks about the
report including the financial summary; spoke about revenues in excess ofbudget by 1.1
million dollars; that expenses are being well managed by all departments; spoke about
the Capital Improvement Program (CIP) indicating that the fund is showing a positive
variance due to delay in projects; that there is a focus on street paving, sidewalk repairs,
IT Plan implementation and other projects.
6. Introduction of new Employees:
Library Assistant- Jeanette Campbell
Finance Manager- Paul Wood
City Administrator Stilwell asked both Janet Bombard, Library Director and Susan Paul,
Administrative Services Director to introduce the new employees.
2
D. Report from City Treasurer. Mr. Jim Emery, City Treasurer presented a staff report
highlighting the city's financial position and alluding to the role of the City Treasurer.
There were some questions from members of the City Council to Mr. Emery relative to the
level of reserves and the budget.
VI. PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at: 5:34 p.m.
Ernest "E" Griffin-Ortiz- Administrative Director of The Carmel Youth Center- Spoke about the
center indicating that the center is not an affluent organization and clarifying that the Center is
not a city-run organization; and that they too rely on financial outside support; he commented
that he wants to renew the financial relationship they had with the City in the past.
Barbara Livingston- announced that there will be a candidate's forum sponsored by the Carmel
Residents Association (CRA) scheduled for Thursday, February 27 at Carpenter Hall with the
moderator being District Attorney Flippo.
Cindy Lloyd- Spoke about the Christmas decorations and Resolution No. 85-08; and policy No.
95-08; requested that the City Council considers a Resolution relative to illumination of median
lights on Ocean A venue.
Monta Potter- Executive Director of the Carmel Chamber of Commerce - announced that there
will be shuttles available to Pebble Beach for the AT & T Event.
Natalie Sweet spoke about the article in the Pine Cone about the mail-box business at 100
Dolores Street.
Joe Cadelago from Waste Management- made announcements about several trash related eyents.
Vincenzo D' Amico- spoke about his desire to run as a write-in candidate.
Mayor Burnett, seeing no additional comments, closed the public comment at 5:55 p.m.
VII. CONSENT CALENDAR- 5:35 pm
Mayor Burnett asked if any council members wished to pull any items with Mr. Talmage
indicating he wished to pull certain items on the agenda related to contract work in the Planning
Department (Items I, J and K) but he indicated that he wanted to ask questions first. Mr.
Talmage asked City Administrator about the intent in having three contracts in the Planning
Department here in a row.
City Administrator Stilwell stated that the City's Municipal Code requires this level of
transparency since 2002 and thus we are bound to bring these types of contracts as required by
the municipal code; and that this is not reflective of a change of policy or a philosophy of
sourcing or out-sourcing but in compliance with the municipal code.
3
May 12, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices of NeilL. Shapiro
2100 Garden Road, Suite C
Monterey, CA 93940
Dear Mr. Shapiro:
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 all records
that City staff could locate that "constitute, contain, set forth or describe the document
retention policy of the City of Carmel-by-the-Sea . .. " pursuant to your Records Request.
Very truly yours,
Jason Stilwell
~
City Administrator
CITY OF CARMEL- BY-THE-SEA
CITY COUNCIL
RULES AND PROCEDURES
The City Council is composed of five members: Mayor and four Council Members. The
Mayor serves a two-year term and members of the City Council serve four year terms.
I. ELECTED OFFICIALS
A. Mayor (directly elected since 1978)
The Mayor is the chair of the meeting and, as such, presides at all Council meetings. As
the titular head of the City Council, the Mayor represents the City at quasi-governmental
and social functions and may represent the City Council before other governmental
bodies on specific matters as my be authorized by the City Council.
B. Mayor Pro Tempore
The Mayor Pro Tempore is appointed by the Mayor in May. The Mayor Pro Tempore
shall not serve more than two consecutive one-year terms. This appointment is
announced by the Mayor, but does not need to be ratified by the City Council. In the
absence of the Mayor, the Mayor Pro Tempore shall chair the City Council meetings and
may attend social/quasi-govemmental functions on behalf of the City.
C. Absence of both the Mayor and Mayor Pro Tempore
In the absence ofboth the Mayor and Mayor Pro Tempore, members of the City Council
shall appoint an acting Mayor Pro Tempore, who shall have the powers and duties of the
Mayor Pro Tempore as described above.
II. CITY COUNCIL MEETINGS
City Council meeting dates and types (e.g. Regular, Special, Closed Session, Tour of
Inspection) are regulated by Chapter 2 of the Municipal Code.
A. Agenda
Only items that are agendized may be acted on at any Council meeting.
Agenda Preparation
The draft agenda is prepared by the City Administrator and City Clerk with the input of
all department directors and is reviewed at weekly staff Management meetings.
Members of the public are entitl ed to directly address the City Council concerning any
item that is described in the notice of the City Council meeting during consideration of
that item. Public comments or testimony on agenda items other than Public Appearances
shall be limited to a maximum of three minutes per speaker.
Consent Agenda
Consent Agenda items will be voted on in one motion unless removed. The Consent
Agenda consists of routine and non-controversial City matters that can be as a whole
approved by a single majority vote. Any City Council Member or member of the public
may ask to have an item pulled from the Consent Agenda for discussion. Such items are
normally moved to the end of the meeting.
If a City Council Member has a question for information only about a Consent Agenda
item, the Member should ask prior to the meeting, rather than pulling the item for
discussion during the meeting.
Corrections to the Minutes are given to the City Clerk prior to the meeting so that
corrections can be made prior to their adoption.
Orders of Council
Orders of Council include reports of committee/commissions, ordinances and resolutions,
public hearings, reports of officials, unfinished business, and council matters.
Public Hearings consist of zoning amendments, General Plan amendments, appeals of
Commission decisions and other items mandated by the State. If the Public Hearing is an
appeal, appellants are allowed a total of 1 0 minutes to speak on their own behalf after the
staff report and at the close of public comment in order to have the opportunity to rebut
public comments. Other speakers will be allowed three minutes. Formal Public Hearings
must be advertised pursuant to State and Government Codes.
Ordinances are the most binding form of action the City Council can take. They are
codified as the Municipal Code of the City of Carmel-by-the-Sea which is the municipal
law of the City. The City Council has authority to pass ordinances through Government
Code Section 37100, as long as these ordinances do not conflict with the laws and
Constitution of the State of California or of the United States. Ordinances require two
readings and do not become effective until 30 days after the second reading.
A resolution is a formal form of a motion normally utilized to set forth policy of the City.
Each resolution, in addition to being referenced by number and brief title in the minutes,
will be recorded as provided by law and maintained in numerical sequence as a
permanent record of the City in a separate set of books. Resolutions are used for various
reasons, such as when specifically required by law, when needed as a separate
evidentiary document to be transmitted to another governmental agency, or where the
by the group. A specified time limit also may be set for the total presentation for any
group.
Close of Public Comment
Once public comment is closed, it cannot be reopened unless Council agrees by
consensus.
Staff response to questions from the public.
Based on staff responses to the public, members of the City Council may wish to address
further questions to staff.
The Mayor/City Administrator/ Attorney shall remind the City Council of the
action before Council.
City Council discussion
City Council action/motions
Before a motion can be considered or debated, it must be seconded. Once the motion has
been properly made and seconded, the Chair shall open the matter for discussion offering
the first opportunity to the moving party and, thereafter, to any City Council Member
properly recognized by the Chair. Once the matter has been fully discussed and the Chair
calls for a vote, no further discussion will be allowed.
Council Members may be allowed to explain their vote briefly for the record. Once a
vote is taken, all Council Members shall support the action taken.
Substitute motions
When a motion is on the floor, any member of City Council may make a substitute
motion. If the substitute motion is seconded, it shall be acted upon prior to acting on the
main motion.
Tie votes
A tie vote results in a failed motion. In such an instance, any member of the Council may
offer a motion for further action. If there is no action by an affirmative vote, the result is
no action. If the matter involves an appeal and an affirmative vote does not occur, the
result is that the decision appealed stands as decided by the decision-making persons or
body from which the appeal was taken.
Motions to reconsider
Motions to reconsider a matter may be made at the same meeting or at the next
succeeding meeting following a Council action for reconsideration. Such motions must
be made by a Council Member voting in favor of the original motion.
)
All City Council meetings are recorded. This ensures accuracy of the minutes and
provides a temporary record of the City Council proceedings. Once the minutes are
approved, legally, the recordings do not have to be retained. However, recordings of the
Council meetings are retained for 10 years; Planning Commission for seven years; and
recordings of other commissions/boards for two years.
Amended: June 5, 2012
I
MINUTES
AMENDED
February 4, 2014
I. CALL TO ORDER
II.
The regular meeting of the City Council of the City of Carmel-by-the-Sea, Califomia, was held
PRESENT: Council Members Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
ABSENT: Council Member Beach-It was noted that Ms. Beach will be arriving late.
Daryl A Betancur, Deputy City Clerk
Marc Wiener, Senior Planner
Paul Miller, Pine Cone Editor led the audience in the pledge of allegiance.
Mayor Burnett announced that this marks the 1 00
1
h year anniversary of the Pine Cone and
accordingly presented a Proclamation commemorating such event.
v.
A Employee Recognition: Deanna Allen- Monterey Peninsula Regional Water Authority.
Mayor Burnett introduced Mr. Jim Cullen, Executive Director of the Monterey Peninsula
Regional Water Authority who then presented a Certificate of Appreciation for outstanding
contributions to Ms. Allen for her work in assisting the Authority with the annual audit and
other administrative tasks.
B. A proclamation was presented to Mr. Paul Miller.
ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND
A. Announcements from Closed Session.
City 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 are no
B. Announcements from City Council members
Council Member Theis announced that the Hospitality Improvement District (HID)
meetings are open to the public and that everyone is welcome; meets quarterly; next meeting
is April24, 3:00p.m. to 5:00p.m.
Mayor Burnett stated he had two announcements; 1) the passing of fonner Interim City
Administrator John Goss; and 2) that we received a request to continue item E regarding
Wonderspace Carn1el which is listed under orders of council.
1. City Administrator Stilwell smrunarized the discussion held on February 3 during the
workshop relative to the Shoreline and Forest Management Plans; stated that both were
listed as key initiatives; spoke about the process of implementation. Stated that the
shoreline plan focuses on signage; there will be a review of beach fi re management
issues; public hearings on these and will come back to the council later on this year.
Additionally, Mr. Stilwell made comments relative to shoreline assessment, which will
review both the beach profile and underline structure of the bluffs to determine impacts.
As it relates to the Forest Management Plan, Mr. Stilwell indicated that the main focus is
to find ways to sustain the forest.
2. Agenda Forecast- Mr. Stilwell highlighted some items included in the forecast making
special mention of the facilities use plan workshop scheduled for March 3 and the
budget calendar dates.
3. Public Records Act Process-City Administrator Stilwell indicated that the process is
now better managed and more streamlined and that the Clerk is to manage the records
requests.
4. Presentation of FY 2012/2013 Financial Statement Audit-Mr. Stilwell introduced Joe
Arch with JJA CPA, Inc., who presented the audit report.
5. Second Quarter Performance Report- City Administrator made brief remarks about the
report including the financial summary; spoke about revenues in excess of budget by 1.1
million dollars; that expenses are being well managed by all departments; spoke about
the Capital Improvement Program (CIP) indicating that the fund is showing a positive
variance due to delay in projects; that there is a focus on street paving, sidewalk repairs,
IT Plan implementation and other projects.
6. Introduction of new Employees:
Library Assistant- Jeanette Campbell
Finance Manager- Paul Wood
City Administrator Stilwell asked both Janet Bombard, Library Director and Susan Paul,
Administrative Services Director to introduce the new employees.
2
D. Report from City Treasurer. Mr. Jim Emery, City Treasurer presented a staff report
highlighting the city's financial position and alluding to the role of the City Treasurer.
There were some questions from members of the City Council to Mr. Emery relative to the
level of reserves and the budget.
Mayor Burnett opened the meeting to public comment at: 5:34 p.m.
Ernest "E" Griffin-Ortiz- Administrative Director of The Carmel Youth Center- Spoke about the
center indicating that the center is not an affluent organization and clarifying that the Center is
not a city-run organization; and that they too rely on financial outside support; he commented
that he wants to renew the financial relationship they had with the City in the past.
Barbara Livingston- announced that there will be a candidate's forum sponsored by the Carmel
Residents Association (CRA) scheduled for Thursday, February 27 at Carpenter Hall with the
moderator being Distlict Attorney Flippo.
Cindy Lloyd- Spoke about the Christmas decorations and Resolution No. 85-08; and policy No.
95-08; requested that the City Council considers a Resolution relative to illumination of median
lights on Ocean A venue.
Monta Potter- Executive Director of the Carmel Chamber of Commerce - announced that there
will be shuttles available to Pebble Beach for the AT & T Event.
Natalie Sweet spoke about the article in the Pine Cone about the mail-box business at 100
Dolores Street.
Joe Cadelago from Waste Management- made announcements about several trash related events.
Vincenzo D'Amico- spoke about his desire to run as a write-in candidate.
VII. CONSENT CALENDAR- 5:35 pm
Mayor Burnett asked if any council members wished to pull any items with Mr. Talmage
indicating he wished to pull certain items on the agenda related to contract work in the Planning
Department (Items I, J and K) but he indicated that he wanted to ask questions first. Mr.
Talmage asked City Administrator about the intent in having three contracts in the Planning
Department here in a row.
City Administrator Stilwell stated that the City's Municipal Code requires this level of
transparency since 2002 and thus we are bound to bring these types of contracts as required by
the municipal code; and that this is not reflective of a change of policy or a philosophy of
sourcing or out-sourcing but in compliance with the municipal code.
3
Having heard the explanation, Vice Mayor Talmage stated he no longer wished to pull these
items.
Council Member Theis stated that with respect to Item P, that it is important to nominate Mayor
Burnett and Vice Mayor Talmage to the Monterey Peninsula Regional Water Authority.
A. Ratified the minutes for the regular meeting of January 7, 2014.
B. Ratified the bills paid for the period of December 1 -December 31, 2013.
C. Received Monthly Fire and Ambulance reports.
D. Received Monthly Code Compliance update.
E. Received Public Records and Media Request Log.
F. Received Second Quarter Performance Report.
G. Considered a Resolution authorizing the City Administrator to Enter into a Professional
Services Consulting Agreement with Public Consulting Group, Inc, to Provide IT Strategic
Plan bnplementation Support and Project Management Services for the Implementation of
Year One of the Information Technology Strategic Plan in an Amount not to Exceed
$75,000.
H. Approved Fiscal Year 2012-201 3 Financial Statement Audit.
I. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to
an Existing Contract with Fasulo Investigations for Continued Contract Code Compliance
Services, in an Amount not to Exceed $48,000.
J. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to
an Existing Contract (PDB-PSA-CW-002-13-14) with T. J. Wiseman for Continued
Contract Planning Services, in an Amount not to Exceed $62,400.
K. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to
an Existing Contract (PDB-PSA-RINCON-005-13-14) with Rincon Consultants, Inc., for
Continued Contract Planning Services, in an Amount not to Exceed $81,600.
L. Considered a Resolution Approving a Fee Waiver in the Amount of $12,636 for the 2014
Carmel Arts Festival.
M. Considered a Resolution to Approve a Request for the 2016 Centennial Committee
Proposed Logo for the 2016 Centennial Celebration.
N. Considered a Resolution Granting Approval to Hold the March 27, 2014 Farmers Market in
Devendorf Park, Close Mission Street between Ocean and 6
111
Avenues from 8:00 a.m. to
4:00p.m., and Waive all Fees Associated with the Event.
4
)
0 . Considered a Resolution Authorizing the City Administrator to Approve an Amendment to
an Existing Contract (PWD-PSA-ESC-01-13/14) with Edison Santa Cruz for Continued
Contract Janitorial Services, in an Amount not to Exceed $38,000.
P. Consider Appointments to Monterey Peninsula Regional Water Authority.
Mayor Burnett read the consent agenda items into the record and asked if any member of
the public wished to pull any items with Sue McCloud requesting to pull items A and G.
Vice Mayor Talmage made comments relative to the waiving of fee policy as it relates to
city events; and that money spend should benefit the Carmel-by-the-Sea community.
Council Member HILLYARD moved to approve the consent calendar items B-F and
H-P with the suggestion that Mayor Burnett and Vice Mayor Talmage be the
designated representatives to the Monterey Peninsula Regional Water Authority.
Council Member THEIS seconded and motion carried unanimously.
VII (A). Ratify the minutes for the Regular meeting of January 7, 2014
VII (G).
Sue McCloud stated that a correction needs to be made reflecting that she had asked the
council agendize and consider making a city contribution to the Big Sur Property Owners
Association.
Mayor Burnett opened and closed to public comment at 6:07 p.m. Seeing none, he closed
to public comment at 6:08 p.m. and entertained a motion to approve as amended.
Council Member HILLYARD moved to approve the minutes as amended. Motion
seconded by Council Member THEIS and carried unanimously.
Consideration of a Resolution authorizing the City Administrator to enter into a
Professional Services Consulting Agreement with Public Consulting Group, Inc. , to
provide IT Strategic Plan Implementation Support and Project Management Services for
the implementation of year one of the Information Technology Strategic Plan in an amount
not to exceed $75,000.
Sue McCloud commented that she has three questions on this item including: I) where is
the company located due to the fee involved, which it indicates that it is $1 ,000 per trip; 2)
there is no time line for what this contract will cover; and 3) there is no break-down in the
cost of the $75,000.
Mayor Burnett opened to public comment at 6:10p.m.
Sue Paul, Administrative Services Director explained that this item is for the
implementation of year one of the IT Strategic Plan, which is one of the 2014 key
initiatives and it covers oversight of project, project management, and each project within
each sphere will have its own timeline, and as such you do not see specific timelines laid
out in the document; that the company is located in Sacramento and the address is on page
5
)
49 that is included in the contract that is included in the agenda item; that with respect to
the per diem expenses, this is typical of such contracts.
Seeing no other speakers, Mayor Burnett closed to public comment at 6:13 p.m. and
entertained a motion to approve.
Vice Mayor TALMAGE moved to approve as presented. Motion seconded by Council
Member THEIS and carried unanimously.
VITI. ORDERS OF COUNCIL
A. Received Water Update, Provided Direction and Authorized Mayor to Send Letter of
Support for Ratepayer Savings Legislation.
Mayor Burnett presented a brief staff report and spoke about the contents of the
presentation related to water securitization; projected effects on Monterey water bills;
economic impacts of this is not done; and election of desal design/build finn.
Mayor Burnett opened and closed to public comment at 6:32 p.m.
Vice Mayor TALMAGE moved to accept the report and authorize the Mayor to send
a letter of support for the Ratepayer Savings Legislation. Motion seconded by Council
Member HILLYARD and carried unanimously.
B. Report on Mitigation Efforts for the Fire Risks Associated with Dry Weather Conditions
and Provide Direction.
Chief Panholzer provided the report.
Following Chief Panholzer's presentation, there were several questions from council
relative to fire hazards, fire protection, fire prevention and the need to have more education
materials to the community.
Mayor Burnett opened to public comment at 6:47 p.m.
Karen Ferlito- spoke about signage on high sensitive areas and that we need more of them;
spoke about debris that looks like construction materi als dumped in the area of the canyon
around the Mission trails park.
Barbara Livingston- asked as to whether or not the fire hydrants have been tested.
Sue McCloud- asked the question of what are we doing about visitors as it relates to fire
prevention and education; what about outdoor fireplaces and barbecues; and that there is no
clear direction as to if we had a disaster like a firestorm how do we get out.
Seeing no other speakers, Mayor Burnett closed to public comment at 6:53 p.m.
Prior to taking a recess Mayor Burnett took up the issue of the continued item regarding
Wonderspace Carmel.
6
VIII (E). Consideration of a Resolution authorizing the City Administrator to adopt an
amendment to an existing contract (CA-PCS-RT-WSpace-009-13-14) with Richard
Tavener for the continued development of Wonderspace Carmel, in an amount not to
exceed, $60,000.
Mayor Burnett indicated that there is a staff request to continue this item and opened and
closed to public comment at 6:59 p.m.
A short break has been scheduled. Items after break will not start before 6:30 p.m. The City Council
recessed at 7:00p.m., and reconvened at 7:15p.m.
For the record, Council Member Beach arrived at 7:36p.m. and left at 8:41p.m.
C. Consideration of Resolution Authorizing the City Administrator to Initiate Negotiations
with GreenWaste Recovery for Franchised Solid Waste, Recycling and Organics Collection
Services.
Mayor Burnett made comments relative to the process to be followed tonight for these
presentations.
City Administrator Stilwell explained the process to be followed in more detail.
Mike Niccum- Pebble Beach Community Services District and Chair of the Technical
Advisory Group made conunents related to the to the history of the franchise agreement.
Rob Hilton- Consultant presented the staff report made comments about the process
undertaken to evaluate the proposals and made extensive remarks about the exceptions
objected to by Waste Management Corporate.
Don Freeman, City Attorney made comments regarding the process undertook stating that
he had looked at the exceptions and these are not to the benefit of the city; commenting that
we will not reconunend we negotiate against ourselves.
Following Mr. Hilton's presentation, there were a number of comments and questions for
Mr. Hilton regarding the proposals before the council regarding base costs vs. alternative
costs, exceptions, time frames and other elements of the proposals.
Emily Hanson- Director of Business Development and Conununications presented the
proposal on behalf of Greenwaste.
Joe Cadelago- Business Manager presented the proposal on behalf of Waste Management.
Following the proposals, there was an extensive discussion amongst council members
regarding: whether or not proposal by Waste Management is responsive; the number of
exceptions; proprietary big bellies; the $30.00 rebate; impact of trucks on streets; amount
and percentage of what is recycled.
Mayor Burnett opened to public conunent at 8:42 p.m.
7
Rich Christina, Seth Parker, Kristin Cromie, Ana Maldonado and Erika Canillo spoke on
behalf of Waste Management.
Barbara Livingston- spoke in favor of Waste Management and posed the following
questions: 1) are rates to go up or down with Green waste; 2) 10 years for a contract is too
long; 3) What is the difference with Greenwaste; and 4) will they take everything to San
Jose?
Karen Ferlito- commented that she appreciates Waste Management but wants to see new
ideas.
Frank Waggle- Chief Operating Officer with Greenwaste spoke and answered council's
questions relative to costs.
Sue McCloud- commented that trash collection in Cmmel is mandatory and asked what is
their bill for those who are only here part time.
Both companies were given the oppmiunity to make further comments and respond to the
questions and comments posed by the City Council and by members of the audience.
After a lengthy discussion, Vice Mayor TALMAGE moved to negotiate with the two
parties predicated upon Waste Management removing the majority of all the
exceptions it took to the model franchise agreement including the removal of all of the
exceptions considered to be "high" or "medium" by February 18, 2014. Motion
seconded by Council Member HILLYARD and carried unanimously.
The City Council took a brief recess at 9:50p.m. and reconvened at 9:55 p.m.
D. Consideration of a preliminary report on option for establishing a long-term use of the
Flanders Mansion Property.
City Administrator Stilwell stated that at the last meeting the council had considered five
options which are the subject of the staff report and that staff needed to further review and
study and that Mr. Roseth will be reporting on those actions.
Brian Roseth presented the staff report and spoke about the five options. Following Mr.
Roseth' s presentation, there were a number of questions from council about the options
including moving the Mansion.
Melanie Billig- spoke about the options commenting that she is in favor of option 1 and its
benefits; and disagrees with option 2 sale of the Mansion.
Barbara Livingston- stated that she supports options 1 and 4.
Cindy Lloyd- submitted a statement on behalf of Skip Lloyd that was entered into the
record.
8
Y oko Whitaker- read a statement into the record and spoke about the historicity of the
Mansion.
Joyce Stevens- spoke against the selling of the Flanders Mansion and is in favor of options 1
and 4.
Karen Ferlito- spoke about comments made by Cindy Lloyd.
Seeing no others speakers, Mayor Bumett closed to public comment at 10:22 p.m.
There was a significant discussion on this item with council members being in favor of
eliminating certain options and providing direction to staff to focus on remaining options.
Direction was give to staff to further study option 1; use a third party to get the word out
nationwide; ask staff to come back with a revised set of criteria on what we want and the
methodology to evaluate proposals.
F. Consideration of an Ordinance amending Title 17.42 and 17.43 of the Cannel-by-the-Sea
Municipal Code Regarding Storm Water Quality Management. (Second reading and
adoption).
Mayor Bumett indicated that this is a second reading ordinance and subsequently opened
and closed to public comment at 10:40 p.m.
Vice Mayor TALMAGE moved to adopt Ordinance No. 2014-01 as presented. Motion
seconded by Council Member HILLYARD and carried by the following roll call :
AYES: COUNCIL MEMBER:
NOES: COUNCIL MEMBER:
ASBSENT: COUNCIL MEMBER:
ABSTAIN: COUNCIL MEMBER;
IX. FUTURE COUNCIL AGENDA ITEMS
A. Receive the Council agenda forecast.
HILLYARD, THEIS, TALMAGE AND
MAYOR BURNETT
NONE
BEACH
NONE
City Administrator Stilwell make comments regarding the fee waiver policy stating that in
reviewing the policy from staffs point of view, the policy is clear enough for us to say that it
should be a Carmel-by-the-Sea charity understanding that if the council wishes to have more
specificity staff can bring it back.
X. RECONVENE TO CLOSED SESSION (IF NECESSARY)
XI. ADJOURNMENT
9
)
Seeing no further business before the City Council, Mayor Burnett declared the meeting
adjourned at 10:43 p.m.
Respectfully submitted,
Deanna Allen
Deputy City Clerk
10
ATTEST:
Jason Bumett, MAYOR
MINUTES
SPECIAL CITY COUNCIL MEETING
February 13, 2014
I. CALL TO ORDER
The special 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 1:30 p.m. Mayor Burnett called the
meeting to order.
II. ROLL CALL
PRESENT:
ABSENT:
STAFF PRESENT:
Council Members Hillyard, Theis, Talmage and Mayor Burnett
Council Member Beach
Jason Stilwell, City Administrator
Sharon Friedrichsen, Director of Public Services
Former Mayor McCloud led the audience in the Pledge of Allegiance.
Mayor Burnett opened and closed the meeting to public comment for items not on the
agenda at 1:33 p.m.
IV. PUBLIC COMMENT
None offered.
V. ORDERS OF COUNCIL
Mayor Burnett announced that after last council meeting, he looked into and discovered
that his mom had created a trust for his son and he is the trustee of such h11st and that in
that trust there was a modest amount of Waste Management stock and subsequently had
sold that stock and because of the actual or appearance of a conflict of interest given the
magnitude of the decision facing the city of Carmel-by-the-Sea and in consultation with
the City Attorney, Mr. Freeman, it was decided that it would be prudent to ask for the
rehearing of this item so that there is no issue about the process that we have gone
through. He further commented that while neither he nor any member of this immediate
family have stock in either Waste Management or Greenwaste, it would be better to
recuse himself from the rest of this meeting.
Mayor Burnett subsequently recused himself and left the premises at 1:34 p.m. Vice
Mayor Talmage presided over the meeting.
A. Consideration of a Resolution rescinding Resolution No. 2014-17 authorizing the
City Administrator to initiate negotiations with Greenwaste Recovery of San Jose,
California and Waste Management, Inc., of Houston, Texas for franchised solid
waste, recycling and organics collection; and
B. Consideration of a Resolution authorizing the City Administrator to initiate
negotiations with Greenwaste Recovery and Waste Management Inc., for
franchised solid waste, recycling and organics collection services.
Vice Mayor Talmage stated that he would ask for a staff report and since all of the parties
present had been present at the last meeting, he would ask to limit the comments to
material corrections of information we heard last time or material new information; that
we don't need to go back over the record.
City Administrator Stilwell commented that either Director Friedrichsen or the
Consultant is prepared to answer any questions the council may have or provide an
update if any.
Rob Hilton of HF & H stated that there is no new information to provide the council at
this time.
Vice Mayor Talmage opened/closed the meeting to public comment at 1:36 p.m.
Vice Mayor Talmage indicated that he wanted to make a refinement to page 2 item 2 of
the Resolution to reflect that the council had asked that at a minimum all of the
exceptions medium or high be removed.
Council Member HILLYARD moved to rescind Resolution No. 2014-17. Council
Member THEIS seconded and carried unanimously.
Prior to the vote, Vice Mayor Talmage opened and closed to public comment at 1:37
p.m. Seeing none, a vote was taken and motion canied unanimously.
The record hereby reflects that Council Member Beach was absent from this meeting;
and that Mayor Burnett recused himself due to a potential or perceived potential conflict
of interest to which he made comments about at the beginning of the meeting.
Council Member HILLYARD moved to approve Resolution No. 2014-18, which
should be amended to reflect that the council had request that at a minimum all of
the medium and high exceptions be removed; and that the date of February 18 stays
the same. Council Member THEIS seconded and carried unanimously.
Prior to the vote, Vice Mayor Talmage opened and closed to public comment at 1:38
p.m. Seeing none, a vote was taken and motion carried unanimously.
2
VII. ADJOURNMENT
Vice Mayor Talmage declared the meeting adjourned at 1:45 p.m.
Deanna Allen
Deputy City Clerk
3
ATTEST:
Ken Talmage, VICE MAYOR
MINUTES
AMENDED
March 4, 2014
I. CALL TO ORDER
II.
The regular meeting of the City Council of the City of Cannel-by-the-Sea, California, was held
PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
Daryl A Betancur, Deputy City Clerk
Susan Paul , Administrative Services Director
Rob Mullane, Community Plmming & Building Services Director
Janet Bombard, Library Director
Marc Wiener, Senior Plmmer
Stacy Meehan accompanied by students of the River School: Isabel Crosstrong, Elizabeth Print,
Sofia Posadas and Gabrielle Raboa lead the audience in the Pledge and performed a musical
rendition of the Star Spangled Bmmer/National Anthem.
A Employee Recognition:
Corporal Shen thanked the Council and offered remarks relative to his commitment to
serving the community.
B. Community Recognition:
Mayor Burnett made the presentation to Mr. Lloyd and offered congratulations on this
recognition with Mr. Lloyd making brief remarks on this award.
C. Recognition of Outgoing Commissioners:
Mayor Burnett made the presentation to fonner Forest and Beach Commissioner Kadis.
A. There was no closed session associated with this meeting, therefore no announcements.
B. Announcements from City Council members. Time: 4:47p.m.
Council Member Beach made comments related to the Fort Ord Reuse Authority stating that
it had approved the hiring of professionals to complete the FORA reuse plan and design
guidelines; spoke about the trails mapping project; connectivity project unifying social trail.
Mayor Burnett- spoke about transportation T AMC meeting and that the board had approved 1.4
billion dollars for MST budget; spoke about the recent event of the explosion and how the city is in
close communication with PG & E officials and the PUC; thanked the first responders for their quick
response. He stated that there are two main questions that need to be answered I) what is the plan
with on-going work; 2) what is the nature of the investigation(s).
Mayor Burnett outlined the process relative to the presentation by PG & E whereby Chief Calhoun
will make some remarks; followed by questions from the City Council; followed by PG & E officials
with opportunity for the audience to ask questions.
Chief Calhoun reported on the specifics in terms of an emergency response perspective at 4:55p.m.
Papia Gambelin- Spokesperson for PG & E Office of Public Mfairs spoke relative to the incident
and stated that they have taken steps necessary to secure the scene and provide safety which is their
primary concern. Ms. Gambelin provided a brief summary of the steps taken by PG & E subsequent
to the event.
Kevin Knapp -Vice President of Gas Operations for PG & E spoke to the audience and the council
stating that their primary concern was the safety of the residents, the safety of the first responders
and the safety of the crews. He provided a lengthy summary of the steps taken relative to the
incident.
There was a lengthy period of comments and questions from the council to PG & E representatives
centered on the following topics: similar incidents in other communities; the contractor to assist with
the investigation (Exponent); track record of response; and types of work being done currently in
Carmel by PG & E.
The following citizens make comments and provided feedback on this incident among them:
Carolyn Hardy, Karen Ferlito, Jim Emery, Helen Jane, Nina Beety, Fred Siegel, Steve Dallas and
David Refuerzo.
Seeing no additional speakers, Mayor Burnett closed to public comment at 5:32p.m.
Mayor Burnett summarized the questions and comments posed by the speakers and asked Mr. Knapp
from PG & E to provide responses.
There were additional comments from council relative to mapping of what is on the ground to
ascertain the condition of the underground gas lines and methods to accomplish this.
2
1. City Administrator Stilwell summarized the discussion held on March 3 during the
workshop relative to review of the condition of city facilities, which is a 2014 key
initiative and which will drive the development of the Capital Improvement Plan.
2. Agenda Forecast- Mr. Stilwell highlighted the special meeting of the City Council
scheduled for March 18; for the meeting in April, it is anticipated that the Waste Hauler
agreement will be brought back at a workshop format to discuss where we are relative to
negotiations with the waste hauler. Spoke about items that are coming up on the April 1
agenda such as scenic rest room bid award, parking management and Hospitality
Improvement District (HID) review.
3. Operation Padre-City Administrator Stilwell asked Tess Arthur to brief the council on
this 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: Andy Vanderford, Project Manager m the Public
Services Department.
City Administrator Stilwell introduced Mr. Vanderford stating that he has tremendous
experience as a project manager and spoke about his expertise with managing and
overseeing large capital improvement projects.
Mayor Burnett opened the meeting to public comment at: 6:00p.m.
Darby Moss Worth- Requested that the council adopt a Resolution to overturn the decision of
Citizens United.
Karen Gwnby- spoke about the deplorable conditions of what she sees at Carmel Beach.
Laura Costley- Executive Director of Save our Shores spoke about monthly clean-ups.
David Fink- provided update on the Gowmetfest 2014.
Jonathan Sapp- requested that item VII D be rescheduled to next meeting or have it early on the
agenda.
Stacy Meehan- reminded audience about the candidate forum at the Church of the Wayfarer.
Barbara Livingston-making the meetings more efficiently and shortening the length of the
meetings.
Cindy Lloyd- made comments relative to median lights.
3
Amy Donahue- Executive Director of the Carmel Public Library Foundation spoke about the
annual library fundraising event on April 24 at the Sunset Center.
Christine Sandin- Executive Director of the Sunset Center spoke about the annual gala event to
be held on Saturday, May 24.
Richard Kreitman--- Spoke about several upcoming events sponsored by the Carmel High
School; and make comments relative to the posting items to the bulletin board at the post office.
VII. CONSENT CALENDAR- 6:40 p.m.
Mayor Burnett asked if any council 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.
Mayor Burnett commented that under monthly reports as it relates to the Public Records Request
log, there seems to be a perception that we are not doing enough and thus requested that the City
Attorney and City Administrator articulate a policy and bring back to the next council meeting
for discussion.
Council Member Beach commented that there is a great deal of frustration on this issue but that
it may have to do with the fact that city records are not in electronic format; that once the IT Plan
is implemented it may make a difference in how these records requests are managed.
Sue McCloud requested that items D, F and J be pulled.
A. Ratified Direction given to staff Relative to the Shoreline and Forest Management Plans
Workshop Discussion of February 3, 2014.
B. Ratified the minutes for the regular meeting ofF ebruary 4, 2014.
C. Ratified the minutes of the Special Meeting of February 13, 2014.
D. Ratified the bills paid for the period of January 1- January 31, 2014.
E. Received Monthly Reports.
F. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to
an Existing Contract (PDB-PCA-FOUR-005-13-14) with 4Leaf, Inc. for Continued
Contract Pennit Technical Services, in an amount not to exceed $92,000.
G. Considered a Resolution Awarding a Construction Contract to Monterey Peninsula
Engineering, the Lowest Responsible Bidder, for the 2014 Concrete Pavement Repair
Project for a Not to Exceed Amount of $161,400; Approving a Not to Exceed amount of
$16,140 for Project Contingency, and Approving a Not to Exceed Amount of $8.070 to
Neill Engineering for Project Management
4
H. Considered a Resolution Authorizing City Co-sponsorship with the Library Board of
Trustees and the Carmel Public Library Foundation of the Annual Sterling Circle Event.
I. Considered Budget Adjustments Requests.
J. Considered a Resolution Amending the City's Position Classification and Salary Plan by
Adopting the Job Description and Salary Range for the City Clerk Position.
Seeing no other requests, Mayor Burnett entertained a motion to approve items A,B,C, G,
H and I. Vice Mayor TALMAGE moved to approve items A,B,C,G, H and I. Motion
seconded by Council Member BEACH and carried unanimously.
Mayor Burnett stated that in light of the fact that we had PG & E and time being an issue,
he suggested with the concurrence of the full council that the following items be continued
to the next meeting or to a special meeting. Items: D under orders of council, Item VIII (B)
(Plastic Bags); item VIII (E) continued to March 18.
Vice Mayor TALMAGE moved to re-notice and continue items VIII (B, D & E) under
orders of council to a subsequent meeting noting that the Destination Marketing item
will be coming back to the council on March 18 and the two Planning related items
will be on the April 1 council agenda. Motion seconded by Council Member
HILL YARD and canied unanimously.
Opened to public comment at 6:51 p.m.
Barbara Livingston- Commented that she supports the plan relative to arranging the flow of
the meeting and moving some items in consideration of the audience.
Mayor Burnett closed to public comment at 6:51 p.m.
VII (D). Ratify the bills paid for the period of January 1 - January 31, 2014.
VII (E).
Sue McCloud asked a question about the $35,000 related to lawyer fees and what that paid
for; commented on item F & J related to the outflow of money and the level of salaries
being proposed.
City Administrator Stilwell stated that with respect to the $35,000, $23,000 is 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.
Mayor Burnett opened to public comment on this item at 6:55 p.m. Seeing no public
speakers, he closed to public comment at 6:55 p.m.
Council Member HILLYARD moved to ratify the bills paid for the period of January
1 through January 31, 2014. Motion seconded my Council Member THEIS and
carried unanimously.
Receive monthly reports.
5
There were brief comments by council related to how the records are in paper and hence
the reason why records can't be retrieved more timely.
VII (F & J). Consideration of a Resolution Authorizing the City Administrator to Approve an
Amendment to an Existing Contract (PDB-PCA-FOUR-005-13-14) with 4 Leaf, Inc. for
Continued Contract Pennit Technical Services, in an Amount Not to Exceed $92,000.
Consideration of a Resolution Amending the City's Position Classification and Salary Plan
by Adopting the Job Description and Salary Range for the City Clerk Position.
City Administrator commented on items VII F and VII J. Mr. Stilwell stated that there have
been a number of contracts coming to the council recently that are in further compliance
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 just 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 at 7:10p.m.
Council Member HILLYARD moved to approve item F as presented. Motion seconded
by Council Member THEIS and carried unanimously.
VIII. ORDERS OF COUNCIL
A. Report on Status of Fire Services Contract with the City of Monterey and Consideration of
a Resolution Authorizing a Budget Adjustment Request to True Up for Fiscal Year
2012/2013.
Chief Panholzer presented the report and spoke relative to: its history, cost issues, formula
allocation; addressed FY 2012-2013 True Up, service delivery and levels; governance and
action steps.
There were questions and comments from the council relative to this item including: was
there a true up last year, what was the cost, are we going to go back for calendar year 2012
and 2013 to see what the numbers will look like; if we were to apply the formula
retroactively what will the numbers look like; and which were addressed by Chief
Panholzer.
6
)
Barbara Livingston-commented that this was a complicated presentation; and that what
would be the cost of having a stand-alone fire department as opposed to contracting with
the County.
Seeing no other speakers, Mayor Burnett closed to public comment at 7:43p.m.
A substantial discussion took place related to the costs vs. benefits associated with this
proposal with topics including: overtime costs, overhead costs of 10. 7%; managing
overtime; expected savings; costs moving forward; whether or not these costs are a one
time or reoccurring events; staffing levels and salary levels.
Council Member HILL YARD moved to receive the report and authorize the budget
adjustment to True Up with a friendly amendment to said motion directing Chief
Panholzer and the City Administrator to come back with a report on the lmancial
impact of potentially changing the formula. Motion seconded by Vice Mayor
TALMAGE and carried unanimously.
The City Council took a brief recess at 7:57p.m. and reconvened at 8:13p.m.
C. Consideration of a Use Pennit (UP-14-6) for Alterations to an Existing 2-Unit Residential
Building Located on Mission Street Four Buildings Northwest of Eight Avenue in the
Residential and Limited Commercial (RC) Zoning Disttict.
Vice Mayor Talmage recused himself because he lives within 500 feet of the subject property
and accordingly left the dais and room. City Attorney Freeman also recused himself because
he owns property within 500 feet of the subject property and he too left the dais and exited the
room.
Marc Wiener presented the staff report speaking relative to the process of this item before the
Planning Commission; attributes of the project; the Residential Limited Commercial District;
use regulations; and other elements of the project.
There were several questions from council to staff.
Eric Miller- Architect of record addressed the City Council on this matter.
Jim Bell- spoke in support of the project.
Council Member HILLYARD moved to approve with Council Member BEACH
seconding. Motion carried by the following roll call vote:
7
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
BEACH, HILLYARD, THEIS, AND
MAYOR BURNETT
NONE
TALMAGE
NONE
F. Consideration of an Ordinance Amending Title 15 of the Carmel-by-the-Sea Municipal Code
Reflecting the Previous Adoption ofthe 2013 California Energy and Mechanical Codes.
Rob Mullane, Community Development and Planning Director presented the staff report
indicating that this is a clean-up ordinance.
Council Member HILLYARD moved to adopt first reading ordinance as presented.
Motion seconded by Council Member BEACH and carried by the following roll call vote:
A. Receive the Council agenda forecast.
BEACH, HILLYARD, THEIS, TALMAGE
AND MAYOR BURNETT
NONE
NONE
NONE
City Administrator Stilwell briefly summarized potential items for the agenda forecast including:
policy relative to public records act request; 1993 policy on bulletin board postings; PG & E
incident update; marketing coalition and related annual report; plastic bag status report; building
board of appeals; comprehensive salary plan resolution; median lights and status report on city's
key initiatives as well as IT Plan.
Mayor Burnett opened to public comment at 8:45 p.m. and asked if any member of the public
wished to offer any suggestions for the agenda forecast. Seeing none, he closed to public
comment at 8:46 p.m.
8
XI. ADJOURNMENT
Seeing no further business before the City Council, Mayor Bumett declared the meeting
adjoumed at 8:48 p.m.
Deanna Allen
Deputy City Clerk
9
ATTEST:
Jason Bumett, MAYOR
)
MINUTES
AMENDED
SPECICAL CITY COUNCIL MEETING
March 18, 2014
I. CALL TO ORDER
II.
The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held
PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
Paul Wood, Finance Manager
Chief Calhoun led the audience in the pledge of allegiance.
IV. PUBLIC COMMENTS
Jack Galante spoke on behalf of the Wine-walk-by-the-Sea about the wine tasting policy.
V. ORDERS OF COUNCIL
A. Receive and file the City of Carmel-by-the-Sea five-year financial forecast.
City Administrator Stilwell presented the staff report and spoke about both the Capital
Improvement Plan and the Five-Year Financial Forecast. He alluded to the budget schedule
that will be forthcoming to the council in the months to come; about the summary of the
forecast; indicated that revenues are keeping pace with expenditures; that there is moderate
growth; balance between revenues and expenditures; investments in road construction and
infrastructure; how measure D funds are being used; creation of the Hospitality
Improvement District (HID); debt service; pension obligation bonds and other budget
related elements.
There were several comments and questions from the council among these: there are few
references to the used forecast assumptions; consideration oflooking at the reserves policy;
and salary and benefits.
Following the discussion, Mayor Burnett opened to public comment at 5:07p.m.
Sue McCloud- spoke about trends, financial forecast; investment policy and that she is
concerned with the level of salary and benefits provided.
City Administrator spoke in response to council's comments.
Council Member HILLYARD moved to receive the five-year financial forecast. Motion
seconded by Council Member BEACH and carried unanimously.
B. Receive and review the City of Carmel-by-the-Sea Capital Improvement Plan and refer it to
the Planning Commission to review for General Plan consistency.
City Administrator Jason Stilwell presented the Capital Improvement Plan report indicating
that the plan identifies funded and unfunded projects over a five-year span; spoke about
projects that have been completed which total 72; that 93% of the projects in the CIP are
funded; spoke about the specific capital projects in each of the departments and the budget
allocation associated with each one.
There were questions and comments from council with Vice Mayor Talmage seeking
clarification on the process; he atticulated that he suggests for people to submit questions to
staff; the questions get combined and answers can be summarized and provided to the
council when the operating budget is presented; and that we should also solicit questions
from the Community; that the operating budget will be presented on June 10 and June 17.
There was a brief discussion relative to the process and the CIP projects and their respective
order ofpriority (ranking).
Jeannie Moore- spoke about stonn drain replacement as a capital project and stated she is in
favor of it.
Monta Potter-Executive Director of the Carmel Chamber of Commerce- spoke about
recycling in the commercial district.
Skip Lloyd- made comments relative to vegetation management; goat program; the beach
rake and fire baskets.
Christine Sandin- Executive Director of the Sunset Center made comments about the timing
of some of the proposed projects and the impact on Sunset Center operations.
Karen Ferlito- spoke about the implementation of the Shoreline Management Plan and their
review and what implementation would mean.
2
Mayor Burnett suggested that this be referred to the Planning Commission and that each
project have a series of check boxes and indicate who signed off on that for consistency
purposes and to make sure that said project have been reviewed against design guidelines
and other relevant policies the city has; and what level of review is needed meaning, staff
Planning Commission or City Council review.
Motion offered by Council Member THEIS, and seconded by Council Member BEACH
to accept the Capital Improvement Plan and refer it to the Planning Commission as noted.
Motion carried unanimously.
C. Review Citywide Perfonnances Measures to be Reported in the FY 2014-2015 Operating
Plan and Budget.
The report was presented by Mr. Stilwell , City Administrator who indicated that we will
follow a similar process as with the operating budget in terms of soliciting public input.
Mayor Burnett opened and closed to public comment on this item at 6:39p.m.
Motion offered by vice Mayor TALMAGE, and seconded by Council Member BEACH
to accept the Citywide Performance Measures as presented. Motion carried unanimously.
The City Council took a brief recess at 6:48p.m. and reconvened at 7:03p.m.
D. Receive Update Regarding City' s Destination Marketing Plan and Consideration of
Resolution(s) Authorizing the City Administrator to Adopt a Fiscal Year (FY) 2013-2014
Professional Services Consulting Contract with Burghardt+Dore for Destination Marketing
Services in an amount Not to Exceed $180,000 and a Professional Services Consulting
Contract with Richard Tavener for Destination Marketing Community Services and Event
Coordination in an Amount Not to Exceed $55,000.
Mr. Stilwell presented the staff report and provided a brief overview of the plan and
indicated that this item has two action items: 1) the Destination Marketing Program for
$180,000 and 2) relates to community services event coordination for $55,000.
There was a lengthy discussion on both of these items.
Mayor Burnett opened the public comment to Marketing Partners at 7:17p.m.
Jeff Burghardt, Mary Devro and Christine Sandin addressed the council on the marketing
destination plan.
Council Member BEACH moved to approve the Destination Marketing Plan and
Authorized the City Administrator to adopt a Fiscal Year Professional Services with
Burghardt+Dore. Motion seconded by Vice Mayor TALMAGE. Motion carried
unanimously.
Mayor Burnett then opened the public comment at 7:27p.m.
3
Jonathan Sapp, spoke relative to the possibility of opening the Marketing Destination
proposal to a bid process; opening the process to bidders who can bring their own ideas; we
had the same vendor for too many years; spoke about the agreement with Richard Tavener
and an economic development person as an employee this should be subject to the city
issuing an RFQ or RFP.
Charlotte Townsend- read a statement into the record submitted by Barbara Livingston as
President of the Carmel Residents Association and the Board of Directors opposing the
agreement with Richard Tavener for a variety of reasons and no clear deliverables, no
measurable outcomes.
Skip Lloyd- stated that he does not want his remarks to be taken as anti-business since that
is not the spi1it in which they are intended; spoke about the great of money spent on
marketing; the amount of return to the business community from the efforts of marketing
and now the council is proposing to go further; suggested that this is a residential
community and that we need to consider the impact of the marketing on the village; spoke
about the beach as an example of how crowded it gets and the impact upon the sand dunes;
and the due credence need to be given to dealing with the impacts associated with the great
marketing efforts.
Karen Ferlito- commented that she too is concerned with all of the impacts that all of the
visitors bring; there comes a tipping point; spoke unclean about trash some without lids; the
beach being in disrepair, the beach pathway and in looking at things that are unfunded in the
budget; aging forest and the deficit of trees.
Sue McCloud- provided a historical perspective relative to marketing efforts through
MCCVB; spoke about the language that is included in the staff report relative to the Richard
Tavener agreement and the attachments included; in favor of opening this up to an RFQ.
Richard Kreitman- spoke relative to his credentials for the position for Community Services
and Event Coordination.
Carolyn Hardy, spoke about the median lights, the handling of city employees, and the
marketing of the town; and the issues surrounding Wonderspace Carmel.
Mayor Burnett responded to several of the raised concerns with an extensive discussion
taking place relative to the proposed Professional Services Contract with Richard Tavener;
business process; development of performance measures; the role of the marketing
coordinator and other relevant topics.
The City Council took another brief recess at 8:47 p.m. and reconvened at 8:50 p.m.
Vice Mayor TALMAGE moved to approve the Professional Services Contract with
Richard Tavener with the caveat that the contract is to expire December 31, 2014; that
the City will contribute $25,000 and the Hospitality Improvement District will
contribute $30,000; and including that at the end of the year, the council will re-
4
evaluate the contract, which is to come back to the City Council in December 2014 or
thereafter. Mayor BURNETT seconded.
Council Member HILL YARD introduced a substitute motion to approve the same
resolution with the stipulations noted on the record but that on the first page include
the language that where as the City Administrator is proposing an existing vacant
position be filled on a contractual basis and not include Mr. Tavener's name but allow
the City Administrator to work with the coalition of marketing partners to identify the
right person. Motion died for a lack of second, thus original mo6on stands.
Original motion carries by the following roll call vote:
BEACH, THEIS, TALMAGE, AND
MAYOR BURNETT
HILLYARD
NONE
NONE
E. Receive PG & E Update on Incident and Gas Pipeline Safety Project.
Papia Gambelin, Kevin Knapp, Rob Morse, and Dennis Fink representatives from PG & E
provided a substantive status report on the incident and addressed council's and audience
questions.
Joe Siegel and Steve Dallas spoke on this matter indicating that there are still concerns in
the area where the incident took place. Seeing no other speakers, Mayor Burnett closed to
public comment at 9:53p.m.
VI. ADJOURNMENT
Deanna Allen
Deputy City Clerk
5
ATTEST:
Jason Burnett, MAYOR
I. CALL TO ORDER
MINUTES
CITY COUNCIL
SPECIAL MEETING
APRIL 22, 2014
The meeting was called to order at 9:39 a.m.
II. ROLL CALL
PRESENT:
ABSENT:
Council Members Beach, Hillyard, Theis, Vice Mayor Talmage,
Mayor Burnett and Council Member Elect Dallas
Council Member Hillyard
Lesley Milton, Interim City Clerk
Council Member Theis led the audience in the pledge of allegiance.
A. Consideration of a Resolution certifying the results of the General Municipal
Election held on April 8, 20 14U
City Administrator Stillwell introduced the item and indicated that under the California
Election Code it is required to certify the election held on April 8, 2014 by resolution.
Mayor Burnett invited public comment for the item and had no requests to speak.
Council Member Beach moved to adopt Resolution 2014-31 accepting the staff
recommendation reciting the fact of the General Municipal Election held on
Tuesday, AprilS, 2014, declaring the results and such other matters as provided by
law with Council Member Talmage seconding. Motion carried by the following roll call
vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BEACH, THEIS, TALMAGE AND
MAYOR BURNETT
NONE
NONE
HILLYARD
VIII. OATH OF OFFICE
B. The City Clerk will administer the Oath of Office to the newly elected members of
the City Council and the Mayor
Interim City Clerk Milton gave the Oath of Office to Council Member Elect Steve Dallas
and incumbents Council Member Theis and Mayor Burnett. Council Member Dallas was
seated at the dais.
VIII. Oath of Office
Having no further business to conduct, the meeting was adjourned at 9:46a.m.
Deanna Allen,
Deputy City Clerk
ATTEST:
Jason Burnett, Mayor
MINUTES
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 4:32 p.m. Mayor Burnett called the meeting to order.
II. PRESENT: Council Members Beach, Hillyard, Theis, Vice Mayor Talmage and
Mayor Burnett.
Janet Bombard, Library Director
Council Member Hillyard led the audience in the pledge of allegiance.
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
of her 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.
A. City 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
B. Announcements from City Council members.
Council Member Beach made comments related to letters she received in support of
pennanently relocating the Farmers' 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 11 , 2014.
Council Member Theis announced the next Hospitality Improvement District (HID) meeting
is April 24, 2014, 3:00p.m. at the Sunset Center.
Mayor Burnett- spoke about the recent MPR W A efforts to hire a value engineering
company to conduct a pier 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
which he and Vice Chair Talamage will attend and will report back.
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 plastic bags at the Farmer's market, the proposed budget book for hearing in June, and
announced that the City has receivd recognition for the efforts. He recognized City Clerk
Betancour and thanked him for his service to the community. 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 Carmel 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: Don Mathis, PG & E Local Governn1ent 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 weekly 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
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.
Mayor Burnett opened the meeting to public comment.
Gary Richard Arnold- made comments relative to the Association of Monterey Bay Area
Govenunent (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 permanently moved to
Devendorf Park.
Jerry Lami- Executive Director of West Coast Farmers' Market- spoke about the success of the
fanners 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 City Clerk Betancur.
Joe Cadelago- Business Manager on behalf of Waste Management- announced the 2nd quarter
spring cleaning pickup.
Mayor Burnett, seeing no additional comments, closed the public comment
VII. CONSENT CALENDAR
Mayor Burnett asked if any council 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
B. Ratify the Minutes for the Regular Meeting ofMarch 4, 2014.
C. Ratify the Minutes of the Special Meeting of March 18, 2014.
D. Ratified the bills paid for the period ofFebruary 1- 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 Beach Restrooms Project for a Not to Exceed
Amount of $619,654; 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 of Understanding (MOU) for Data Sharing Among the Carmel-by-the-Sea
Police Department and Law Enforcement Agencies within the South Bay Information
Sharing System (SBISS) South Bay Region Node.
J. Consideration of a Resolution Rescinding Resolution No. 2014-23, and Adopting a
Resolution 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,l 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 (City bills),
related to the expenditure for the vendor Alcock and other expenses; 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.
Mayor Burnett opened and closed to the public comment.
City Administrator commented on items VIIF and VII J. Mr. Stilwell stated that there have
been a number of contracts coming to the council recently that are in further compliance
4
)
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 just 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.
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 Pem1it 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 having
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 support 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 comment.
Mr. Mullane answered questions from the Council.
5
)
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 forward.
Kim 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 call 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 Retail Wine Shop with Wine Tasting as an Ancillary Use in
an Existing Commercial Space Located on San Carlos Street, Three Properties Southeast of
Fifth A venue, in the Central Commercial (CC) Zoning District. The Applicant is Firok
Shield. The Decision is Being Appealed by the Carmel 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 Pem1it (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 Comer of Mission Street and Seventh Avenue,
in the Central Commercial (CC) Zoning District. The Decision is Being Appealed by Tudor
Wines, Inc.
Vice Mayor Talmage recused himself because he lives within 500 feet of the subject property
and accordingly left the dais and room. City Attorney Freeman also recused himself because
he owns property within 500 feet of the subject property and he too left the dais and exited the
room.
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
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 Nash-clarified that he represents Tudor Wine Inc. and states that nothing but
Monterey County Wines will be served there. Mr. Nash also discussed what determines if a
wine is a Monterey County Wine.
Council Member THEIS moved to remand the project to Planning Commission for
consideration of plans that were not previously reviewed with Council Member BEACH
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MAYOR BURNETT
NONE
TALMAGE
NONE
Vice Mayor Talmage and City Attorney Freeman returned 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
)
Jonathan Sapp-reported that the holiday lighting on stores needs to be fully enforced and he
supports the lighting of the median down Ocean A venue.
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.
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 tlrree 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 answers.
Gaston Georis-expressed his support for a parking plan for employees and his disapproval for
extended enforcement of time limits.
Steve Smnmers, Lucas Austin, Fred Kern-all spoke in support of all options being implemented
together for the most effective results.
Richard Kreitman and a resident -spoke against extending enforcement of time limits from 6:00
p.m. to 9:00 p.m.
8
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 Gtiffin- atmounced the offering of space for an employee meeting.
City Administrator Stilwell made 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 CTP. 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 A venue 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:
AYES: COUNCILMEMBERS:
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 Bumett 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
BEACH, HILLYARD, TALMAGE, AND
MAYOR BURNETT
NONE
9
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 cunent Building
Board of Appeals: 1) narrow requirements of membership; 2) lack of a board; 3) appeals
cunently defaulting to Planning Commission.
Fred Kern-addressed the importance of having a Building Board of Appeals.
Mayor Burnett closed to public comment.
Council Member HILLYARD moved to approve the first reading 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:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
MAYOR BURNETT
TALMAGE
NONE
NONE
H. Consideration of an Ordinance Amending Title 15 of the Carmel-by-the Sea Municipal Code
Reflecting the Previous Adoption of the 2013 California Energy and Mechanical Codes.
Mayor Burnett opened the item to public comment and had no requests to speak.
Council Member HILL YARD 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 call vote:
AYES:
NOES:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
10
& MAYOR BURNETT
NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
There were no items added for future City Council agendas.
XI. ADJOURNMENT
Deanna Allen,
Deputy City Clerk
11
ATTEST:
Jason Burnett, MAYOR

Request No. 2014-56

Information Requested: Please provide a copy of what you (J ason Stilwell) read at
last nights (May 6) Council meeting about the Alcock charges

Yvette Oblander
From:
Sent:
To:
Subject:
Jason Stilwell
Wednesday, May 07, 2014 11:27 AM
Yvette Oblander
FW: PRA requestpls provide a copy of what you read last
Yvette: please add to the log
From: Cloud93921@aol.com [ mailto:Cioud93921@aol.com]
Sent: Wednesday, May 07, 2014 9:15AM
To: Jason Stilwell
Subject: PRA requestpls provide a copy of what you read last
Pis provide a copy of what you read at last night's (May 6} Council meeting about the Alcock charges
sue mccloud
1
May 16,2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: Cloud93921@aol.com
Sue McCloud
Cloud93921 @aol.com
Dear Ms. McCloud:
The City of Carmel-by-the-Sea ("City") received your emailed California Public
authority as City Administrator. In accordance with the requirements of the California
Public Records Act, the City has determined that the City does not possess public records
responsive to your request.
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 public record
which has not been provided in response to your request, please notify us and we will be
happy to provide the public record 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 certain records, please advise the undersigned and the City will
reconsider its position accordingly.
Very truly yours,
Jason Stilwell
~
City Administrator
May 6 2014 City Council Meeting
Vendor- Alcock
Request from Aprill 2014 Council meeting regarding vendor Alcock expenditures
Vendor: providing tech services
Includes:
o Forensics
o Tech support
~ ~
~ ~ r expected to continue over next several months
~ Expensive, highly specialized
o Examiner

Request No. 2014-57

Information Requested: Please provide a list of all payments to Carver &
Schicketanz since April 2012 and 7X14 size for all final design documents

)
May 15, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: cloud93921@aol.com
Sue McCloud
Dear Ms. McCloud:
The City of Cannel-By-The-Sea ("City") received your emailed California Public
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. Those records are now available
for review. Please contact Yvette Oblander to schedule a time for you to pick up the
currently available 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 the City will not release the records until it has received
payment for the direct cost of duplication pursuant to California Government Code section
6253(b ). The direct cost incurred by the City for duplication is $0.10 per page. The
estimate direct cost for the currently available responsive records is $2.50. Please be
prepared to provide a check made payable to the "City of Carmel-by-the-Sea" for the direct
costs of duplication incurred by the City at the time you pick up the available records.
Very truly yours,
Jason Stilwell
~
City Administrator
)
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Jason Stilwell
Wednesday, May07, 201411 :13AM
Yvette Oblander
Rob Mullane; Susan Paul ; Sharon Friedrichsen
FW: pRA request
Yvette: a PRA request to add to the log.
Rob or Sharon: which of you has the Carver invoices and restroom design plans.
Jason
To: Jason Stilwell
Subject: pRA request
Pis provide:
1. a list of all payments to Carver&Schicketanz since April 2012
2. 7 x 14 size for all final design documents
1
Yvette Oblander
From:
Sent:
To:
Subject:
Yvette Oblander
Friday, May 16, 2014 9:53AM
Yvette Oblander
FW: pRA request
To: Jason Stilwell
Subject: pRA request
Pis provide:
1. a list of all payments to Carver&Schicketanz since April 2012
2. 7 x 14 size for all final design documents
1
Date Amount
4/9/2012 $ 1,192.43
4/30/2012 $ 6,717.50
5/31/2012 $ 8,291.00
6/30/2012 $ 1,720.33
7/30/2012 $ 3,848. 75
8/30/2012 $ 3,002.75
9/28/2012 $ 8,297 .so
10/31/2012 $ 5,010.90
11/30/2012 $ 1,767.10
12/31/2012 $ 2,267.89
1/31/2013 $ 4,006.56
2/28/2013 $ 1,206.34
4/30/2013 $ 4,500.00
5/31/2013 $ 6,570.00
6/30/2013 $ 7,891.56
7/31/2013 $ 5,506.70
9/30/2013 $ 1,620.00
10/31/2013 $ 1,575.85
11/30/2013 $ 1,928.75
1/31/2014 $ 900.00
2/28/2014 $ 5,262.80
Total To Date $ 83,084.71
r
Yvette Oblander
From:
Sent:
To:
Cc:
Subject:
Attachments:
Yvette Oblander
Friday, May 16, 2014 10:02 AM
Mayor McCloud
Susan Paul; Jason Stilwell
RE: PRA-Request
pra-2014-57.pdf
Here is the information with your original request.
Regards,
w u d e o ~
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
Sent: Thursday, May 15, 2014 5:05 PM
To: Yvette Oblander
Subject: Re: PRA-2014-57
Since I have asked for a couple different records--what is the subject of this one as your numbering system is unknown to
me
sue mccloud
In a message dated 5/15/2014 4:56:50 P.M. Pacific Daylight Time, YOblander@ci. carmel.ca.us writes:
Ms. McCloud,
Please see the attached correspondence in response to your request for records.
1

Request No. 2014-58

Information Requested: Would like to know when a resolution was passed that lets
each household in Carmel by the Sea to have a PO Box

j',
frfht1.' ;1-jt/ j) 12; / ? 0 (1/ j) { r./
626
.T rJ !tr& -h twJw q
f0 t} /cr -b- /tW _/ d IL.vf-
l.d-J -)
4 AA r:t flo ( J
Tft 11i. 1 I
RECEIVED
NAY 0 9
f'.tnu1TYOt

May 16, 2014
Andrei Kondratiev
Phone 626-404 7
POST OFFICE BOX CC
(831) 620-2000
Dear Mr. Kondratiev:
On May 9, 2014, the City of Cannel-By-The-Sea ("City") received your request for
information regarding a certain City resolution. ("Request"). This response is sent on my
To the extent that your Request is made under the California Public Records Act,
the City has determined that it possesses disclosable public records that may be responsive
to your Request and will make these records promptly available. Attached to this email is
an electronic copy of said records.
which might fall within the scope of your 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
Very truly yours,
Jason Stilwell
c ; ~
City Administrator
CITY COUNCIL
RESOLUTION NO. 2003-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE
SEA AUTHORIZING MODIFICATION OF THE RESIDENTIAL HOME MAIL
DELIVERY SERVICE PROGRAM FROM THREE TO SIX DAYS EACH WEEK
AND INCREASING ANNUAL PROGRAM FUNDING FROM $24,000 TO $40,000
WHEREAS, the City has been providing home mail delivery to residents wishing
to receive these special services; and
WHEREAS, during the Fiscal Year 2003/04 budget review the City Council
initially authorized a reduction of mail delivery service from six days (6) to three (3) days
reducing annual program costs by $16,000; and
WHEREAS, many residents of the community have requested reinstatement of six
(6) day delivery service as originally conceived; and
WHEREAS, the City Council has determined that continuing full mail delivery is
an essential community service for those residents who desire this service.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize expanding the Residential Home Mail Delivery Service Program
from three (3) days to six (6) days each week.
2. Authorize increasing the budget by $16,000 from $24,000 to $40,000 annually.
3. Authorize the $16,000 budget increase to be funded from the City' s General
Fund Reserve.
PASS ED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 1st day of July 2003 by the following roll call vote:
A YES: COUNCIL MEMBERS:
SIGNED:
SUE McCLOUD, MAYOR
ATTEST:
Karen Crouch, City Clerk
I'
CITY COUNCIL
AGENDA CHECK LIST
MEETING DATE: 1 WL Y 2003
SUBJECT: CONSIDERATION OF RESOLUTION NO. 2003-91 AUTHORIZING
MODIFICATION OF THE RESIDENTIAL HOME MAIL DELIVERY
SERVICE PROGRAM FROM THREE TO SIX DAYS EACH WEEK
AND INCREASING ANNUAL PROGRAM FUNDING FROM $24,000
TO $40,000
OPTIONS: 1. Adopt Resolution No. 2003-91.
2. Amend and adopt Resolution No. 2003-91.
3. Continue consideration.
RECOMMENDED MOTION: Adopt Option 1.
DEPARTMENT OF ORIGIN: Administration
FISCAL IMP ACT: $16,000
($24,000 is already authorized)
EXPENDITURE: X REVENUE:
DATE PUBLISHED: N/A
ENVIRONMENTAL
STATUS: N/A
BUDGETED: Yes No X PREVIOUS COUNCIL
~ ~
ACCOUNT: 01-86871 CONSIDERATION: 6/5/03 and 6/ 19/03
FINANCE DEPARTMENT REVIEW:
ATTACHMENTS:
1. Guillen staff report dated 6/24/03
2. Resolution No. 2003-91
WOULD THE ADOPTION OR
IMPLEMENTATION FULFILL AN
IDENTIFIED GOAL, PAST OR
PRESENT?
Yes X No
IS THIS A POLICY FOR INCLUSION
IN THE POLICY MANUAL?
Yes No X
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JUNE 24, 2003
AND INCREASING THE ANNUAL PROGRAM FUNDING FROM
$24,000 TO $40,000
RECOMMENDED MOTION
Adopt Resolution No. 2003-91 .
BACKGROUND
During the budget hearings, the City Council was advised by staff that a savings could
occur with the mail delivery service by reducing the number of delivery days. The
current level of mail courier service is 6 days per week (Monday through Saturday). The
cost for the current service is $40,000 annually. The current number of customers is 131 .
At the time that the mail delivery issue was being deliberated by the City Council, there
was consideration given to provide the same level of mail delivery service that would
normally be provided by the U.S. Postal Service. The City Council had also adopted an
urgency ordinance that prohibited placing mailboxes in the public right-of-way. The
ordinance was in existence for 90 days and then it would expire. The urgency ordinance
was allowed to expire due to the fact that the mail delivery issue had been resolved by the
City Council ' s action of hiring and paying (from the General Fund) for a mail courier
service.
STAFF REVIEW
After further consideration of the action taken by the City Council in adopting the Fiscal
Year 2003/2004 budget, staff is requesting that the mail delivery service be reviewed
given the additional background of their prior action.
In discussing this issue with the City Attorney, the City Council has total discretion on
the number of days that the City is willing to fund. As presented during the budget
hearings, reducing the service to three days will cost approximately $24,000 for the
Resolution No. 2003-91
Staff Report
Page2
current number of residents receiving the service. If the City Council reinstates the
current level of service, the cost will be returned to a budgeted amount of $40,000
(as stated in the City Administrator's Budget Message). No notice has been sent to the
current citizens receiving the current 6 days a week service regarding any proposed
change.
FISCAL IMP ACT
The increased cost of $16,000 will need to be taken from the General Fund Reserve. If
the increase is approved by the City Council, the revised General Fund budget deficit will
be $1,075,640.
SUMMARY
The City Council has the discretion to set the number of days for mail delivery. Some
level of mail delivery service should continue to avoid the possibility of revisiting the
issue of whether mailboxes are placed in the public right-of-way and whether the U.S.
Postal Service provides the door-to-door service.
CITY COUNCIL
RESOLUTION NO. 2003-91
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE
SEA AUTHORIZING MODIFICATION OF THE RESIDENTIAL HOME MAIL
DELIVERY SERVICE PROGRAM FROM THREE TO SIX DAYS EACH WEEK
AND INCREASING ANNUAL PROGRAM FUNDING FROM $24,000 TO $40,000
WHEREAS, the City has been providing home mail delivery to residents wishing
to receive these special services; and
WHEREAS, during the Fiscal Year 2003/04 budget review the City Council
initially authorized a reduction of mail delivery service from six days (6) to three (3) days
reducing annual program costs by $16,000; and
WHEREAS, many residents of the community have requested reinstatement of six
( 6) day delivery service as originally conceived; and
WHEREAS, the City Council has determined that continuing full mail delivery is
an essential community service for those residents who desire this service.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE
CITY OF CARMEL-BY-THE-SEA DOES:
1. Authorize expanding the Residential Home Mail Delivery Service Program
from three (3) days to six (6) days each week.
2. Authorize increasing the budget by $16,000 from $24,000 to $40,000 annually.
3. Authorize the $16,000 budget increase to be funded from the City's General
Fund Reserve.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CARMEL-BY-THE-SEA this 1st day of July 2003 by the following roll call vote:
A YES: COUNCIL MEMBERS:
SIGNED:
SUE McCLOUD, MAYOR
ATTEST:
Karen Crouch, City Clerk
CITY COUNCIL
AGENDA CHECK LIST
MEETING DATE: 1 JULY 2003
AND INCREASING ANNUAL PROGRAM FUNDING FROM $24,000
TO $40,000
OPTIONS: 1. Adopt Resolution No. 2003-91.
2. Amend and adopt Resolution No. 2003-91.
3. Continue consideration.
RECOMMENDED MOTION: Adopt Option 1.
DEPARTMENT OF ORIGIN: Administration
FISCAL IMPACT: $16,000 DATE PUBLISHED: N/A
($24,000 is already authorized)
EXPENDITURE: X REVENUE: ENVIRONMENTAL
STATUS: N/A
BUDGETED: Yes No X PREVIOUS COUNCIL
ACCOUNT: 01-86871 CONSIDERATION: 6/ 5/03 and 6119/03
FINANCE DEPARTMENT REVIEW:
ATTACHMENTS: WOULD THE ADOPTION OR
IMPLEMENTATION FULFILL AN
1. Guillen staff report dated 6/24/03 IDENTIFIED GOAL, PAST OR
2. Resolution No. 2003-91 PRESENT?
Yes X No
IS THIS A POLICY FOR INCLUSION
IN THE POLICY MANUAL?
Yes No X
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: JUNE 24, 2003
AND INCREASING THE ANNUAL PROGRAM FUNDING FROM
$24,000 TO $40,000
RECOMMENDED MOTION
Adopt Resolution No. 2003-91 .
BACKGROUND
During the budget hearings, the City Council was advised by staff that a savings could
occur with the mail delivery service by reducing the number of delivery days. The
current level of mail courier service is 6 days per week (Monday through Saturday). The
cost for the current service is $40,000 annually. The current number of customers is 131 .
At the time that the mail delivery issue was being deliberated by the City Council, there
was consideration given to provide the same level of mail delivery service that would
normally be provided by the U.S. Postal Service. The City Council had also adopted an
urgency ordinance that prohibited placing mailboxes in the public right-of-way. The
ordinance was in existence for 90 days and then it would expire. The urgency ordinance
was allowed to expire due to the fact that the mail delivery issue had been resolved by the
City Council ' s action of hiring and paying (from the General Fund) for a mail courier
service.
STAFF REVIEW
After further consideration of the action taken by the City Council in adopting the Fiscal
Year 2003/2004 budget, staff is requesting that the mail delivery service be reviewed
given the additional background of their prior action.
In discussing this issue with the City Attorney, the City Council has total discretion on
the number of days that the City is willing to fund. As presented during the budget
hearings, reducing the service to three days will cost approximately $24,000 for the
Resolution No. 2003-91
Staff Report
Page2
current number of residents receiving the service. If the City Council reinstates the
current level of service, the cost will be returned to a budgeted amount of $40,000
(as stated in the City Administrator' s Budget Message). No notice has been sent to the
current citizens receiving the current 6 days a week service regarding any proposed
change.
FISCAL IMPACT
The increased cost of$16,000 will need to be taken from the General Fund Reserve. If
the increase is approved by the City Council, the revised General Fund budget deficit will
be $1,075,640.
SUMMARY
The City Council has the discretion to set the number of days for mail delivery. Some
level of mail delivery service should continue to avoid the possibility of revisiting the
issue of whether mailboxes are placed in the public right-of-way and whether the U.S.
Postal Service provides the door-to-door service.
tlalo. XC t<ow"fi, Rcso )00l -91fimrlil'g hom'' ma.J dt!li'-e' )' .u nkr.JIX'

Request No. 2014-59

Information Requested: Please provide a full accounting of the sale of the cities
art, which I believe was last November.

Yvette Oblander
From:
'Sent:
To:
Cc:
Subject:
Jason Stilwell
Thursday, May 15, 2014 5:21 PM
Yvette Oblander
Janet Bombard
FW: PRA request
Yvette: please add to the log
Sent: Thursday, May 15, 2014 5:16PM
To: Jason Stilwell
Subject: PRA request
as we have discussed for several months with no response to date, I am resoting to this channel
Pis provide a full accounting of the sale of the cities art which I believe was last Nov.
I would like a list which shows each piece with its reserve amount and sale amount. Usually just the accounting from the
auction house will have all this info plus the costs involved: e.g. their commission, any photography or printed brochures
that were involved etc.
sue mccloud
1
May 23, 2014
POST OFFICE BOX CC
(831) 620-2000
Sue McCloud
Dear Ms. McCloud:
The City of Cannel-by-the-Sea ("City") received your emailed California Public
Records Act request on May 15,2014 ("Records Request"). This response is sent on my
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.
Very truly yours,
Jason Stilwell
~
City Administrator
October 28, 20 13
Janet Bombard
P.O. Box 800
Carmel, CA 93921
Re: Contract #5572-Harrison Memorial Library
Dear Ms. Bombard,
MICHAAN'S
AUCTIONS
Auctioneers & Appraisers
Enclosed, please find a complete listing of the property you have consigned to Michaan's
Auctions. After you have had the opportunity to review the listing, should you have
questions or require any additional information, please contact me at 5 I 0-227-2530.
This letter is also to inform you that items #00 1-035 listed in the attachment will be
offered for auction in our November 5 & 6th, 2013 annex auction .. Additionally, the
highlighted items will be offered in our December I, 2013 Estate auction.
Thank you for allowing Michaan's Auctions the opportunity to be of service.
s erely, .
. (\ \
";A .. /V'..A.A..., \..Y'-i
Tammie Chambless
Trust & Estate Assistant
2700 Saratoga Street
P.O. Box 489
Alameda, CA 9450 I
510.740-0220 ext. 130
Enclosures
PO Box 489, Alameda, California 94501
As of: 10/28/2013
c
Michaan's Auctions
Inventory List - Consignor
Harrison Memorial Library
c/o Janet Bombard
PO Box 800
Carmel , CA 93921
ABB Item# Seller Item# Description Est. Low
5572-001-40 Japanese Tribal Mask $30.00
5572-002-50 Water Color- "Vietnamese Children" $30.00
5572-003-50 Print- "Portrait of a Woman", 1893, A.N. Roussuff, 16" x 12" $15.00
5572-004-50 Print- "Lazarus", Signed Elihu Vedder $10.00
5572-005-50 Etching in Gold- "Dog", Winfield $15.00
5572-006-50 Photo- "Creative Struggle", Signed Robert U. Sater, 14" x 11" $10.00
5572-007-50 Oil on Canvas- Landscape, Signed Lower Right , 20" x 30" $400.00
5572-008-50 Oil on Board- "Red Chair, Tina Danzansky, 1960 36" x 18" $40.00
5572-009-50 Oil on Board- "Sunday Mornings",Tina Danzansky, , 25.5" x 23.5" $60.00
5572-010-40 Large Marble Statue- "Venus', C. 1880, Fortunato Galli, 67" H $300.00
5572-011-40 Copper Statue on Marble Base- "Liberty Enlightening the World, $100.00
Bartholdi
5572-012-40 Marble Bust- "Dante," 12.5" x 12" $50.00
5572-01350 Pastel Unframed- "Manin Sombrero", Charles Pica, 24" x 19" $10.00
5572-014-50 Pencil Drawing- "Two Horses", 1845, J.E.B. 15" x 19" $15. 00
5572-015-50 Print, Unframed- "Eastern Mountain Scene, John Ross Key, 11" x $5.00
16"
5572-016-50 Etchi ng- European City Scene, Colin Campbell Cooper, 13.25" x $15. 00
10. 5"
5572-017-50 Etching- "The Span", John Stahl, 11" x 14" $40.00
5572-018-50 Etching- "Richmond", Richard Oobson, 11.5" x 8.5" $20.00
5572-019-50 Photo Sepi a- "The Heart of the Storm"- Ann Brigman, 12" x 10" $2,000.00
5572-020-50 _itching- "LA Farraca", Ernest Melcllert, 4.75" x 6.5" $30.00
5572-021-50 Etching- "The Old Guard", Ernest Melchert , 9.25" x 6.5 $30.00
5572-022-50 Acrylic on Canvas- "Passage" (Part 1 ), Lee Waisler, 1993, 65" x $100.00
1 0 1"
5572-023-50 Acrylic on Canvas- "Passage" (Part 2), Lee Waisler, 1993, 34.25" x $100. 00
74.25"
Est. High
$50.00
$50.00
$30.00
$20.00
$30.00
$20.00
$600.00
$60.00
$80.00
$500.00
$150.00
$70.00
$20.00
$30.00
$10.00
$30.00
$60.00
$40.00
$4,000.00
$50.00
$50.00
$200.00
$200.00
Reserve Status
Available To Be Sold
Avai lable To Be Sold
Page: 1
Hammer
:z
-co
Y) , -
40.uo
60
00
1
.
7
\ . ' "--- 3C(> DO c _,. ,
--_ \'' ,
?Q.oo
t qo. oo
I c:O

. ! &:>o.oo
{ .co
,:f, t)O
50 L)()
Avail able To Be Sold 30, CO
.oo
Available To Be Sold \ 2..\ v::,
As of: 10/28/2013 Michaan's Auctions
Consigr., . Harrison Memorial Library
c/o Janet Bombard
PO Box 800
Carmel, CA 93921
ABB Item# Seller Item# Description Est. low
5572-024-50 Mi xed Media on Canvas, "Dipped in Red," Rudolf Haegele 1993, $100.00
34.25" X 74.25
5572-025-50 Oil on Canvas, "Island", Rudolf Haegele, 1993 34.25" x 74.25" $100.00
5572-026-50 Oil on Canvas, "Static Interference", 1993, Rudolf Haegele, 34.25" $100.00
74.25"
5572-027-50 Oil on Canvas, "Woman Playing Violin", Royal Whitaker, 41.25" x $50.00
32"
5572-028-50 Oil on Canvas- "The Divers", Tina Danzansky 30" x 24" $100.00
5572-029-50 Water Color- Floral, Holly Bryce Parker, 1949, 15.5" x 38.5" $20.00
5572-03050 Print- Cafe Scene by Water C. lauren, 15" x 38.5" $20.00
5572-031-50 Oil on Canvas- Copy of Calmady Children". C. 1823, 30.25" x 30" $400.00
5572-032-50 Oil on Canvas- "Watermelons and lettuce", Jane Moppin, 40.5" x $20.00
30.25"
5572-033-50 Etching- "Thomas Carlyle", James McNeill Whistler, 20" x 16" $60.00
5572-034-50 Acrylic on Canvas- "Red Dutch House", lee Waisler, 96" x 66" $100.00
5572-035-50 Oil on Board- Brass Pot with lilies, Mariano. 30" x 24" $30.00
Page: 2
Est. High Reserve Status Hammer
$150.00 Available To Be Sold
\ f / I
r e -
. ) I ' I ,.

i i" - J \ (, <!
16.
00
n Cr r(J
2.0 ,
oo
10
.oo
-e_
{
MICHAAN' S AUCTIONS
Contract 5572
P.O. Box 489 Alameda, CA 94501
(510) 740-0220 www.michaans.com
Harrison Memorial Library c/o Janet Bombard
PO Box 800
Carmel, CA 93921
11/1 3/2013
Thank you for consigning your property with Michaan's Auctions. The following property was offered in our 11/5/2013 auction and
sold (pending payment by the buyer) for the following prices:
Contract Seller
Small# Item # Descripti on Harruner
001 Japanese Tribal Mask $25.00
002 Water Color- "Vietnamese Children" $1.00
003 Print- "Portrait of a Woman", 1893, A.N. $40.00
004 Print- "Lazarus", Signed Elihu Vedder $50.00
005 Etching in Gold- "Dog", Winfield $60.00
006 Photo- "Creative Struggle", Signed Robert $1.00
008 Oil on Board- "Red Chair, " Tina $80.00
009 Oil on Board- "Sunday Momings",Tina $190.00
013 Pastel Unframed- "Manin Sombrero", $1.00
014 Pencil Drawing- "Two Horses", 1845, $5.00
015 Print, Unframed- "Eastern Mount ain Scene, $5.00
016 Etching- European City Scene, Colin $130.00
0 17 Etching- "The Span", John Stahl, II" x 14" $50.00
018 Etching- "Richmond", Richard Dobson, $30.00
020 Etching- "LA Farraca", Ernest Melchert, $25.00
02 1 Etching- "The Old Guard", Ernest Melchert $30.00
027 Oil on Canvas, "Woman Playing Violin", $15.00
029 Water Color- Floral, Holly Bryce Parker, $20.00
030 Print- Cafe Scene by Water C. Lauren, 15" $10.00
032 Oil on Canvas- "Watermelons and Lettuce", $40.00
033 Etching- "Thomas Carlyle", James McNeill $140.00
035 Oil on Board- Brass Pot with Lilies, $15.00
Total number of Sold lots: 22
Settlement checks will be mailed out 30 business days after the auction. Page: 1
MICHAAN'S AUCTIONS
Auctioneers & Appraisers P.O. Box 489 Alameda, CA 94501
(510) 740-0220 www.michaa.ns.com
11113/2013
Contract 5572
PO Box 800
Carmel, CA 93921
Thank you for consigning your property to us. The following item(s) did not reach an acceptable price in our 11/5/2013 auction and
therefore did not sell.
We will be pleased tore-offer the item(s) in an upcoming sale with the revised estimate(s) listed below. Please sign the bottom of the
page and fax it to us at 51 0-749-7517 or maj I it to us at the address listed above. If _xou _do not want us to re-offer your merchandise
with the new estimate(s), please contact \ 0\vY\'{"("'\ '- Q_ at extension _\_d.,} __ to arrange a time to pick up your merchandise.
The courtesy of your reply is requested within 7 business days. Thank you in !"ance for your immediate response.
1 hereby agree to the estimates and reserves indicated below!-....... {l;-;)?tru
Contract
Small#
022
023
024
025
026
028
034
Seller
Item#
I;
Description
Acrylic on Canvas- "Passage" (Part 1), Lee
Acrylic on Canvas- "Passage" (Part 2), Lee
Mixed Media on Canvas, "Dipped in Red,"
Oil on Canvas, "Island", RudolfHaegele,
Oil on Canvas, "Static Interference", 1993,
Oil on Canvas- "The Divers", Tina
Acrylic on Canvas- "Red Dutch House",
Total number of Unsold lots: 7
Previous
Reserve
Settlement checks will be mailed out 30 business days after the auction.
Previous Previous Recommended
Low Est. High Est. New Est.

wxrQosopoo

(uo

SD

$100
(uC-
Recommended
New Reserve
Page:2
Michaan's Auctions
PO Box 489 Alameda, CA 94501
800-380-9822 www.michaans.com
Consignor Statement
Date: 12/9/2013
Auction Date: 11 / 5/2013
c/o Janet Bombard
PO Box 800
Contract#: 557.2
Carmel , CA 93921
Statement #: 79469
Seller Comm.
Date Small# Item# Lot# Description Hammer Rate Commission
11/05/13 001 674A Japanese Tribal Mask $25.00 10.00%
-$2.50
11/05/13 002 778A Water Color- "Vietnamese Children" $1.00 10.00% -$0.10
11/05/13 003 673A Print- "Portrait of a Woman", 1893, A.N. Roussuff, 16" x 12" $40.00 10.00% -$4.00
11/05/13 004 662A Print- "Lazarus", Signed Elihu Vedder, ,_-: .. $50.00 1 0.00% -$5.00
.. ... .. .... .,
11/05/13 005
.... . :!!- :. :::
$60.00 10.00% -$6.00 582A Etching in Gold- "Dog", Winfield
11/05/13 006
665A Photo- "Creative Struggle", Signed Robert U. Sater, 14" x 11" $1.00 10.00% -$0.10
11/05/13 008
819A Oil on Board- "Red Chair, " Tina Danzansky, 19.60 36" x 18" $80.00 10.00% -$8.00
11/05/13 009
552A Oil on Board- "Sunday Mornings",Tina Danzansky, , 25.5" x $190.00 10.00% -$19.00
11/05/13 013 841A Pastel Unframed- "Manin Sombrero", Charles Pica, 24" x 19" $1.00 10.00% -$0.10
11/05/13 014
886A Pencil Drawing- "Two Horses", 1845, J.E.B. 15" x 19" $5.00 10.00% -$0.50
11/05/13 015
809A Print, Unframed- "Eastern Mountain Scene, John Ross Key,
$5.00 10.00% -$0.50
'1/05/13 016 818A European City Scene, Colin Campbell Cooper, 13.25"
$130.00 10.00% -$13.00
11/05/13 017 782A Etching- "The Span", John Stahl, 11" x 14" $50.00 10.00% -$5.00
11/05/13 018 783A
Etching- "Richmond", Richard Dobson, 11.5" x 8.5" $30.00 10.00% -$3.00
11/05/13 020 789A Etching- "LA Farraca", Ernest Melchert, 4.75" x 6.5" $25.00 10.00% -$2.50
11/05/13 021
807A
Etching- ''The Old Guard", Ernest Melchert , 9.25" x 6.5 $30.00 10.00% -$3.00
11/05/13 027 1963
Oi! Canvas, "Woman Playing Violin", Royal Whitaker, 41.25"
$15.00 10.00% -$1 .50
11/05/13 029
773A
Water Color- Floral, Holly Bryce Parker, 1949, 15.5" x 38.5" $20.00 10.00% -$2.00
11/05/13 030 1980
Print- Cafe Scene by Water C. Lauren, 15" x 38.5" $10.00 10.00% -$1.00
11/05/13 032
836A "Watermelons and Lettuce", Jane Moppin, 40.5"
$40.00 10.00% -$4.00
11/05/13 033 720A
Etching- "Thomas Carlyle", James McNeill Whistler, 20" x 16" $140.00 10.00% -$14.00
11/05/13 035 882A
Oil on Board- Brass Pot with Lilies, Mariann. 30" x 24" $15.00 10.00% -$1.50
r
Final Statement
Page: 1
Consignor Copy
)
Consignor Statement
Harrison Memorial library
c/o Janet Bombard
PO Box 800
Carmel, CA 93921
Seller
Date Small # Item # Lot# Description
Final Statement
Michaan's Auctions
Date:
Auction Date:
Contract#:
Statement#:
Hammer
. Total Hammer
Less Commissions
Less Insurance
Amount Due
Page: 2
12/9/2013
11/5/2013
5572
79469
Comm.
Rate Commission
$963.00
{$96.30)
{$14.45)
$852.26
Consignor COJ
(
' -. . ..
..- .. .AMOUNT
$852.26 . .
f
G
"'
uo :l : 2 :lCi 2 2:0 3 2(;80 ?n
AUCTIONS BY THE BAY, INC. '-
79469
Account Detail:
0 oOo o O '0 o pO-o
AUCTIONS BY THE BAY, INC.
79469
Account Detail:
33346 12/17/13
23500 Consignor Payables
4-2050 Consignor Commissions
4-2060 Insurance Commissions
33346
12/17/13
2-3500 Consignor Payables
: I ;
- _.:. i \ '
t . , L-
I \I._ ....
.:_.\ I
' - .
l \. (
'--' \. .
/
:: r . L -'-- (
.........
' .

1- - \
\. _ ..
'--- ,_
33346
$852.26
$963.00
($96.30)
($14.44)
33346
$852.26
$963.00
($96.30)
($14.44)
' . . / \ \'. . . \'
!. \>\.__ ! .-
. :t__. \. .
' II
-- - c l-\ ( :_ ..
- i .. . .._
.......... < ,,'\._ t_ .._ '--
.. -\ ' ,, ; l, ..) \_ :0,
-; . . _L
' 1- I \ J ... - ( L>
,-.., F- l '- l A
\ .\ "-1
_ :-7 _ .. '
.. LW E'zeat ...
__::- ... ... . .. -_:
. - . .. :: . .".- .._C"annel;. cA:"93921.:_: :: ... . .. :::: .. : - . :: .. : ... . ... : .... :. - :: .. : ... ...... _. .. .. ..- . . . . ...
- : .. :: . .. .. .. ._: .. ..... .. .. .... : 1/7/2014 >
. -- -- .. :---. :_ . .:.-.. -- - __ --... - : : - .-.:- :::: ---- . . .. - - ... -. -- -- - . ..
- .. - .. _ ... . .. - . .... ' ..
( - ... ' ... __ .. - _ ' .. - -... .: . .:.:. .. . : -.-. - _:_ .. ---::- . . .. . , .... . -- ... ' .. , ..... . . .. . . . . . .. . . -- . . - 1
... :: CITY ... .. _ ... .._.\-' .. :.::.:: ... . : : .. ..
.. - .. ... __ : . .
.. . _: .. :_:: ...

. 79469 . :.-.. :-. ::. : :. .: :-.... :: .. ::::: ... _. .. :: .:: OM .. _ ... : : . .-..'*':_ l
. . . :-- :: . ":"" . .-:.:.:: :::. _ :.:::::::: -:. : .. -..:. . . .. -. . . . :
_ _. ... .. .... .. .. .. .- .. .. : . . . . . .: : -::::. J
:;.;.ri+i::i.,,_ .. .. . .. =,.: . .. J.
... .. 2391
Date
1/7/2014
Type Reference
Bill 33346
Wells Fargo Checking 79469
Original Amt.
852.26.
Balance Due
852.26
1/7/2014
Discount
Check Amount
Payment
852.26
852.26
852.26
As of: 12/3/2013 Michaan's Auctions
Consignor: Harrison Memorial Library
c/o Janet Bombard
PO Box 800
Carmel, CA 93921
ABB Item# Se11er Item# Description Est. Low
5572-007-50 RICHARD DETREVILLE (American 1864-1929) "Untitled - California $400.00
Hills in the Spring" Oil on canvas. 20 x 30 inches. Signed 1/r. This
item was deaccessioned from the City of Carmel art collection by the
City Council. Proceeds f rom the sale of the artwork will go toward
maintenance and preservation of the City's art collection.
5572-010-50 FORTUNATO GALLI (Italian 1850-1918) "Figure of a Nude Maiden" $2,000.00
Carved Carrara marble. 67 inches high. Signed and dated "Firenze
1886". This item was deaccessioned from the City of Carmel art
collection by the City Council. Proceeds from the sale of the artwork
will go toward maintenance and preservation of the City's art
collection.
5572-011-50 After FREDERIC-AUGUSTE BARTHOLD! (France 1834-1904) "The $300.00
Statue of Liberty La Liberte Eclairant le Monde" Cast bronze on
marble base. 21 1/2 inches tall , 5 x 5 inches (without base). Base
7 x 7 x 2 inches. Stamped '104/975" and bears signature
"Bartholdi". This item was deaccessioned from the City of Carmel art
collection by the City Counci l. Proceeds from the sale of the artwork
collection. NOTES: Plaque reads "100 eme Anniversaire Statue
Commemorir de Apres Maquette Originate Edison Limitee Musee
Barthholdi, Colmar, France".
5572-012-67 Renaissance Revival Marble Bust of Dante {Dimensions 12 1/2 x 12 $300.00
inches} This item was deaccessioned from the City of Carmel art
collection. [small losses)
5572-019-50 ANNE BRIGMAN (American 1869-1950) "The Heart of the Storm $2,000.00
Gelatin silver print. 9 3/4 x 7 3/4 inches. Mount: 12 x 10 Inches.
Signed and dated 1/1 in photograph "12" and signed 1/r in penci l on
mat. This item was deaccessioned from the City of Carmel art
collection. (CONDITION: Good condition for its age and hinged to
original mat paper). NOTES: Artist original logo, address and
handwritten title verso.
5572-031-50 After SIR LAWRENCE THOMAS (Briti sh 1764-1824) "The Calmady $400.00
Children" Oil on canvas. 30 x 30 inches. This item was
deaccessioned from the City of Carmel art collection by the City
Council . Proceeds from the sale of the artwork will go toward
maintenance and preservation of the City's art coll ection.
(CONDITION: Minor paint loss and pressure dent from back.)
NOTES: A 19th/early 20th century copy of the original lhat hangs in
the Metropolitan Museum of of Art. In period frame.
Page:1
Est. High Reserve Status
Hammer /
$600.00 Sold $350.00
$4,000. 00 Sol d $4,250.00
...........
$500.00 Sold $600.00 /
/
$400.00 Sold $160.00 ,/
$4,000.00 Sold $3,500.00
..,_/"'
$600.00 Sold $900.00/
~ o n s i n o r Statement
c/o Janet Bombard
PO Box 800
Carmel, CA 93921
Seller
Michaan's Auctions
Date: 1/9/2014
Auction Date: 12/1/2013
Contract#: 5572
Statement #: 80644
Comm.
Date Small# Item# Lot # Description Hammer Rate Commission
12/01/13 007 034 RICHARD DETREVILLE
12/01/13 011 079 After FREDERIC-AUGUSTE BARTHOLD!
12/01/13 012 651 Renaissance Revival Marble Bust of Dante
12/01/1 3 019 071 ANNE BRIGMAN
12/01/13 031 003 After SIR LAWRENCE THOMAS
Final Statement
Page: 1
Total Hammer
$350.00 10.00%
$600.00 10.00%
$160.00 10.00%
$3500.00 10.00%
$900.00 10.00%
Less Commissions
Less Insurance
Amount Due
-$35.00
-$60.00
-$16.00
-$350.00
-$90.00
$5510.00
($551 .00)
($82.65)
$4,876.35
Consignor Copy
I
I.
!
.:: A.ucroNs BY rt-fi: ..
. DBAMiCHAAN'S AUCTIONS . ' : . c .. :.
SEITLEMENT ACCOUNT -.
P.O. Box 489
Alameda, CA 94501
- " (510) : - ' :.:;. ,, : . . '-
' .
' .
. :
_..; .;: . 500 Llndeo.AIIenue _ :.
' South San ftiincrsco, CA 94080
90-3912-1211
fl6.Y Four Thousand Eight Hundred
TO. THE
ORDER .
OF: .
-

c/o Janet Bombard
.P.O. Box 800 ..
carm:et; ci 9:i921 ,
0644
. -.
..
80644
Account Detail:
)
- . -.-._
.. .. . .. ! .
DATE
1/10/ 14
._ .. -.. ...: - .
--
-
33574 1/10114
Z-3500 Consignor Payables
4-2060 Insurance Conunissions
,,.
-
AMOUNT
$4,876.35
3357
$4,876.35
$5,510.00
($551.00)
($82.65)
I
I
I.
I
I
I.
. ..
PAY
TO THE
ORDER
OF:
- ..... ,-------------------
DBA MICHAAN'S AUCTIONS
"SETILEMENT ACCOONT
P.O. Box 489
Alameda, CA 94501
. _(510) 740-02-20
71'_
::.-
_--:_-...:.-
. - -
: .. : ' I . - ' . . :;- : , ; ,
Thiee Thousand Seven HundrectSixty-Oiie"-'"and;-25/l:OO Dollars
I .. .. - 0-- M
: .
! -;
Library.
c/o Janet Bombard
P.O, Box 800 -
.. Carmel;-CA 9:5921 .
"; . :
--
.::;;
.. :: .. .
,; , ' .:. ; ....
r- - ..
. .__ :. :. f M 0 .0 .- :_
LIBER1Y. BANK:- .. - .
. 500 L:i nden AVenUe
. sOuth San Franciaco, CA 94080
"90-3912-1211
DATE
1/10/ 14
80780
Account Detail:
33655
1/10/ 14
--
_,
\ .
. 3.3655
-li
.
"'
D
c
0

;;;
0
.;
AMOUNT
$3,761.25

;;

il
"
en
{il
-----------
-----------
33655
$3,761.25
$4,250.00
($425.00)
($63.75)
MICHAAN'S AUCTIONS
Contract 5572
PO Box 800
Carmel, CA 93921
12/10/2013
Contract Seller
Small # ltem # Description
022 Acrylic on Canvas- "Passage" (Part 1), Lee
023 Acrylic on Canvas- "Passage" (Part 2), Lee
024 Mixed Media on Canvas, "Dipped in Red,"
026 Oil on Canvas, "Static Interference", 1993,
028 Oil on Canvas- "The Divers", Tina
ifotal number of Sold lots: 5
Hammer
$10.00
$5.00
$10.00
$5.00
$160.00
MICHAAN'S AUCTIONS
Contract 5572
PO Box 800
Carmel, CA 93921
12110/2013
Thank you for consigning your property to us. The following item(s) did not reach an acceptable price in our 12/3/2013 auction and
therefore did not selL
We will be pleased tore-offer the item(s) in an upcoming sale with the revised estimate(s) listed below. Please sign the bottom of the
page and fax it to us at 510-749-7 517 or m il it to us a e ad ress listed above. If you do not want us to re-offer your merchandise
with the new estimate(s), please contact // at extension _f.J25_ to arrange a time to pick up your merchandise.
,.....--
The courtesy of your reply is requested within 7 business rys. Thank you in for . e response.
I hereby agree to the estimates and reserves indicated belo : ' {
Contract Seller Previous Previous Previous
Recommended Recommended
Small # Item # Description Reserve Low Est. High Est. NewEst New Reserve
$50.00 $100.00
J-5/:c
__.,.--.
$50.00 $100.00
:J.? . 5o
----=-
025 Oil on Canvas, "Island", Rudolf Haegele,
034 Acrylic on Canvas- "Red Dutch House",
Total number of Unsold lots: 2
Settlement checks will be mailed out 30 business days after the auction.
Page:2
Michaan's Auctions
nsignor Statement
c/o Janet Bombard
Date: 1/3/2014
Auction Date: 12/3/2013
Contract #: 5572
Statement #: 80196
PO Box 800
Carmel, CA 93921
Seller
Date Small# Item#
12/03/13 022
12/03/13 023
12/03/13 024
12/03/13 026
12/03/13 028
Final Statement
Comm.
Lot# Description Hammer Rate Commission
2263 Acrylic on Canvas- "Passage" (Part 1), Lee Waisler, 1993, 65"
2263 or: "Passage" (Part 2), Lee Waisler, 1993,
1728 Mixed Media on Canvas, "Dipped in Red," Rudolf Haegele 1993,
1055 Oil on Canvas, "Static Interference", j.993, Rudolf Haegele,
- . -- - . -- . .. .... ' ;': .. :.:.
1260 Oil on Canvas- "The Divers", Tina Danzansky 30"x 24"
Total Hammer
$10.00 10.00% -$1 .00
$5.00 10.00% -$0.50
$10.00 10.00% -$1 .00
$5.00 10.00% -$0.50
$160.00 10.00% -$16.00
Less Commissions
$190.00
($19.00)
($2.85) Less Insurance
Amount Due $168.15
Page: 1
Consignor Copy
i
.. - .... .. -------------------------------::-----
- -- -.:_i ... : .- . ..... . .... ' i . .;; '2;.: . ..:: .... . ...
' :. THE-BAYitNc: z;.J -:;:.
- ==-- < DBA MICHAAN'S AUCTIONS . - .
- .. ,. SE1TLEMENT ACCOUNT
! P.O. Box 489
Alameda, CA 94501

: .
... V 5ou1h San Francisco, CA 94080
90-3912-1211
--:.:s . --=- : . - ""=:: ; . -:'=--
.. ' =: . ":::: _::: '".. _:; :::'
ti;1 ;o- ._ :.
PAY
DATE
1/ 14114
,-
80196
Account Detail:
.
33743 1/ 14114
..
AMOUNT
$168.15

$168.15
$190.00
($19.00)
($2.85)
MICHAAN'S AUCTIONS
Contract 5572
(510) 740.{)220 www.michaans.com
PO Box 800
Carmel, CA 93921
1/15/2014
Thank you for consigning your property with Michaan's Auctions. The following property was offered in our 1/7/2014 auction and sold
(pending payment by the buyer) for the following prices:
Contract Seller
Small # Item # Description
025 Oil on Canvas, "Island", Rudolf Haegele,
034 Acrylic on Canvas- "Red Dutch House",
Hammer
$15.00
$10.00
ffj
P.O. Box 489
. Alameda, CA 94501 .

Harrison Memori'll Library
81933
Account Detail:
'
.- 34343
DATE .
.2/18/14
2/18/14
Consignor Payable;;
. ...
......
. .. /:
-AMOUNT' ,.
$22.13 '
.
.. - . . .
3434
$22.13
$25.00
($2.50)
($0.37)
Consignor Statement
c/o Janet Bombard
PO Box 800
Carmel, CA 93921
Seller
Date Small# Item# Lot# Description
Michaan's Auctions
Date: 2/ 11/2014
Auction Date: 1/7/201 4
Contract#: 5572
Statement #: 81933
Comm.
Hammer Rate Commission
01/07/14 025
01/07/14 034
1551 Oil on Canvas, "Island", Rudolf Haegele, 1993 34.25" x 74.25"
675 Acrylic on Canvas- "Red Dutch House", Lee Waisler, 96" x 66"
$15.00 10.00%
$10.00 10. 00%
-$1.50
-$1 .00
Total Hammer
Less Commissions
Less Insurance
Amount Due
Final Statement
Page: 1
$25.00
($2.50)
($0.38)
$22.13
Consignor Cop
Statement
c/o Janet Bombard
PO Box 800
Carmel , CA 93921
Seller
Date Small # Item# Lot# Description
Michaan's Auctions
Date: 1/10/2014
Auction Date: 12/1 /2 013
Contract#: 5572
Statement #: 80780
Comm.
Hammer Rate Commission
12/01/13 010 077 FORTUNATO GALLI $4250.00 10.00% -$425.00
Total Hammer
Less commissions
Less Insurance
Amount Due
Final Statement
Page: 1
$4250.00
($425.00)

$3,761 .25
Consignor Copy
I
MICHAAN'S AUCTIONS
Auctioneers & Appralsers
Contract 5572
(510) 740-1J220 www.michaans.com
PO Box 800
Carmel, CA 93921
12/9/2013
Contract
Small #
007
010
011
012
019
031
Seller
Item # Description
RICHARD DETREVILLE
FORTUNATO GALLI
After FREDERIC-AUGUSTE
Renaissance Revival Marble Bust of Dante
ANNE BRIGMAN
After SIR LAWRENCE THOMAS
Hammer
$350.00
$4,250. 00
$600.00
$160.00
$3,500.00
$900.00

Request No. 2014-60

Information Requested: Please provide costs to date from April 201 for Duckbrew,
Inc. Neil Engineers (only for Scenic restrooms) Monterey Energy Group, and
Mirag FS Limited

Yvette Oblander
To:
Yvette Oblander
Subject: FW: Extension of PRA 2014-60
From: Sharon Friedrichsen
Sent: Wednesday, June 11, 2014 6:10PM
To: catherine Raynor
Cc: Yvette Oblander
Subject: RE: Extension of PRA 2014-60
Request: costs to date from April 2012 paid to Duckbrew, Inc., Neill Engineers, Monterey Energy Group and Mirag FS
Limited, Inc.
Response: The payments made, to date, have been to Neill Engineers in the amount of $15.296.00 dated April 30, 2014
and Monterey Energy Group, Inc. in the amount of $517.50 dated April 30. 2104, with the latter cost being submitted by
Carver Schicketanz as a reimbursable expense and paid directly to Carver Schicketanz.
Thank you,
Sharon
1
June 12, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAD.- to: cloud9392l@aol.com
Sue McCloud
Dear Ms. McCloud:
The City of Cannel-by-the-Sea ("City'') received your written California Public
authority as City Clerk.
Very truly yours,
Catherine A. Raynor
City Clerk
Yvette Oblander
From:
Sent:
To:
Subject:
Cloud93921 @aol.com
Thursday, June 12, 2014 3:53PM
Yvette Oblander
Re: PRA
Catherine, Thank you, but I asked for payments to 4 entities and only received 2.
sue
In a message dated 6/12/2014 12:45:32 P.M. Pacific Daylight Time, YOblander@ci.carmel. ca.us writes:
Ms. McCloud,
Please see the attached correspondence and response to your request.
, Regards,
Catherine A. Raynor, MMC
City Clerk
phone: (831) 620-2007
fax: {831) 620-2004
1
June 11, 2014
POST OFFICE BOX CC
(831) 620-2000
Sue McCloud
Dear Sue McCloud:
The City of Carmel-by-the-Sea ("City") received your California Public Records
Act request on May 18, 2014 ("Records Request"). This response is sent on my authority
as City Clerk.
City expects to provide its determination no later than June 25, 2014. The City thanks you
Very truly yours,

Catherine A. Raynor
City Clerk
Yvette Oblander
From:
Sent:
To:
Subject:
Attachments:
Ms. McCloud,
Yvette Oblander
Wednesday, June 11, 2014 10:24 AM
'Cioud93921 @aol.com'
PRA Request
pra-2014-60. pdf
Please see the attached correspondence in response to your request.
Regards,
Catherine A Raynor, MMC
City Clerk
phone: (831) 620-2007
fax: (831) 620-2004
1
May 28, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: Cloud93921@aol.com
Sue McCloud
Dear Ms. McCloud:
Act request on May 18, 20 I4 ("Records Request"). This response is sent on my authority
determine whether your Records Request, in whole or in part, seeks copies of disclosable
City expects to provide its determination no later than June II , 2014. The City thanks you
Jason
City Administrator

Request No. 2014-61

Information Requested: Could you please send me the job description and salary
range of the Executive Assistant position?

Yvette Oblander
From:
Jason Stilwell
Sent:
To:
Monday, May 19, 2014 5:34PM
Yvette Oblander
Subject: FW: executive assistant
Yvette : please add to the log. Jason
---- -Original Message-- ---
From: Mary Schley [mailto: mar y@carmel pinecone . com]
Sent : Monday, May 19, 2014 12: 29 PM
To: Jason Stilwell
Cc: Paul Miller
Subject : executive assistant
Hi Jason,
Could you please send me the job description and salary range for the executive assistant
position? I don't recall that going through city council but may have missed it .
Thanks,
Mary
The Carmel Pine Cone
(831) 274-8660
mary@carmel pi necone . com
1
May 28,2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAll., to: mary@carmelpinecone.com
Mary Schley
Reporter-Carmel Pine Cone
Dear Ms. Schley:
The City of Cannel-by-the-Sea ("City") received your emailed California Public
Thank you for your attention to this matter_ If you have questions about the
foregoing response, please contact me at 83 I -620-2000_
Very truly yours,
Jason Stilwell
~
City Administrator
Public Records Request
City Clerk Department
Due Date: 6{
File No.: :{()J4- ft f
(Office Use Only) (Office Use Only)
THIS PUBLIC RECORDS REQUEST FORM ITSELF CONSTITUES A PUBLIC RECORD AND IS SUBJECT TO PUBLIC
DISCLOSURE UPON REQUEST. Fill out info in box only
Date of Request: ,_ / q+ +/....._ f _,J c.f L..--_ Requested By: t1Jdf7j SeA kg
Company: ___
Address: __________________________________________________________________ _
Phone, Fax, Email: 33/-J]L..f-K{M() fY'drfjr2Cdrmrdp)h/.f!Jne {!an
Info Requested (be specific): C!ruid ana /l11 1. fAv t}Mz
tAAt/L. -fh;
:::t dh:::l _

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).
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: ..........,,___

Request Approved by City Attorney: ___ _
Dlsclosable 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
EXECUTIVE ASSISTANT
Definition
Under direction, to perform a variety of highly responsible, confidential, and
complex secretarial and administrative duties in support of the City Administrator,
Assistant City Administrator, administrative staff, and City officials; to assist in
planning, organizing, and coordinating support activities, operations, and functions
related to the City Administrator's Office; and to provide general information and
assistance to staff and the general public.
Supervision Exercised
May exercise technical and functional supervision over lower level secretarial and
clerical staff.
Examples of Important and Essential Duties
Attend to and process administrative details not requiring the immediate attention
of assigned staff and officials including the City Administrator, Assistant City
Administrator, administrative staff, Mayor and City Council members;
independently respond to routine letters and general correspondence; compose and
prepare letters, memoranda, and reports pertaining to standard policies.
Perform responsible, difficult, and confidential secretarial and administrative work
involving the use of independent judgment and personal initiative; perform varied
and responsible secretarial duties to assist in the processing and completion of
administrative operations for assigned staff and City officials.
Serve as a resource and information source regarding City policies, procedures,
objectives, and operational functions ; receive and interview office visitors and
telephone callers; answer questions and provide information where judgment,
knowledge and interpretations are utilized, especially in the proper handling of
confidential information or files; resolve complaints; refer caller to appropriate
source as necessary.
Receive, compile, and organize information for the preparation of correspondence,
documents, and reports as assigned; prepare a variety of
Executi1e Assistant
Examples of Important and Essential Duties (continued)
confidential conespondence, documents, and reports; maintain confidentiality of
information.
Prepare information needed in administrative decisions and in facilitating the
implementation of City policies and programs; research, collect, compile, tabulate,
analyze, and summarize data and information pertaining to specified activities,
operations, or functions as assigned; prepare a variety of fiscal, statistical, and
administrative summaries and reports.
Maintain detailed calendar for the City Administrator, Assistant City
Administrator, administrative staff, and City officials; arrange interviews,
appointments, schedules, conferences, travel anangements, and itineraries.
Serve as secretary to City committees and commissions; prepare and advertise
legal notices of meetings; prepare meeting packets for distribution; take and
transcribe minutes at regular and special meetings and designated committees.
Establish and maintain complete records and files including financial, budget,
personnel, operational, and administrative records.
Coordinate, supervise, and monitor special projects, assignments and activities as
assigned; maintain control files on matters in progress and expedite their
completion.
Transmit orders, decisions and memoranda from the City Administrator to various
organizational units.
Participate and assist in the administration of the assigned office; recommend
organizational or procedural changes affecting support activities; recommend
improvements in work flow, procedures, and use of equipment and forms.
Operate modern office machines and equipment including word processors,
typewriters, printers, copiers, calculators, and FAX machines; routinely use a full
range of word processing and spreadsheet computer software applications.
Order, receive, inventory, store, and distribute supplies, forms, and related items;
prepare purchase orders.
2
Executhe Assistant
Examples of Important and Essential Duties (continued)
Attend and participate in staff meetings and related activities; attend workshops,
conferences, and classes to increase professional knowledge.
Serve as Assistant City Clerk; perform duties of City Clerk as necessary.
Other Job Related Duties
Perform related duties and responsibilities as assigned.
Job Related and Essential Qualifications
Knowledge of:
Principles and practices of basic fiscal, statistical, and administrative data
collection and report preparation.
Modern office procedures, methods, and equipment including computer equipment
and applicable software programs.
English usage, spelling, vocabulary, grammar, and punctuation.
Principles and practices of business letter writing.
Principles and procedures of record keeping.
Principles and techniques used in dealing with the public.
Word processing methods, techniques, and programs including spreadsheet and
data base applications.
Practices used in minute taking and preparation.
Basic mathematical principles.
Skill to:
Operate modern office equipment including computer equipment.
Type at a speed necessary for successful job performance.
Take dictation at a speed necessary for successful job performance.
3
Executi \e Assistant
Ability to:
Learn the procedures and functions of assigned position.
Learn, interpret, and apply pertinent Federal, State, and local laws, codes, and
regulations including administrative and departmental policies and procedures.
Work under limited supervision within a broad framework of standard policies and
procedures.
Use independent judgment, m1tlat1ve, and good human relations and problem
solving s.ldlls in the application and follow through on decisions.
Understand the organization and operation of the City and of outside agencies as
necessary to assume assigned responsibilities.
Respond to questions from the public and City personnel regarding policies and
procedures for the assigned area.
Work cooperatively with other departments, City officials and outside agencies.
Perform responsible, difficult, and confidential administrative and secretarial work
involving the use of independent judgment and personal initiative.
Analyze situations carefully and adopt effective courses of action.
Maintain confidential data and information.
Independently prepare correspondence, memoranda, and minutes of meetings.
Perform mathematical computations quickly and accurately.
Compile and tabulate data and information and prepare summaries and reports.
Plan and organize work to meet schedules and timelines.
Exercise good judgment, flexibility, creativity, and sensitivity m response to
changing situations and needs.
Communicate clearly and concisely, both orally and in writing.
4
Executive Assistant
Ability to: (continued)
Establish, maintain, and foster positive and harmonious working relationships with
those contacted in the course of work.
Experience and Training Guidelines:
Any combination equivalent to experience and training that would provide the
required knowledge, skills, and abilities would be qualifying. A typical way to
obtain the knowledge, skills, and abilities would be:
Experience:
Four years of increasingly responsible administrative secretarial experience.
Training:
Equivalent to the completion of the twelfth grade supplemented by specialized
secretarial course work in office practices, management, or business
administration.
Special Requirements:
Essential duties require the following physical skills and work environment:
Ability to work in a standard office environment.
Effective Date: April, 1995
5
Executive Assistant ( Salary Range 229)
47,5321 49,9201 52,4281 55,0441 57,8041

Request No. 2014-62

Information Requested: Could you please tell me who the contractor and architect
are for this project including the company name and contact person, contact
address of project, Dolores St, NE corner at 2nd

Yvette Oblander
,From: Rob Mullane
Sent:
To:
Tuesday, May 27, 2014 8:50AM
Yvette Oblander
Cc: Marianne Grover
Subject: FW: Public Records Request.doc
Yvette,
This new PRA came in over the weekend. It can be fielded by CPBD staff.
Robert A. Mullane, AICP
Community Planning and Building Director
P. O. Drawer G
Carmel-by-the-Sea, CA 93921
main (831) 620-2010
direct (831) 620-2057
rmullane@ci.carmel.ca.us
---- -Original Message-----
From: Steve Kenny [mailto:steve@constructioninsider.net]
Sent: Sunday, May 25, 2014 9:06 AM
To: Marianne Grover
Subject: Public Records Request.doc
Hi Mary Ann
Pursuant to the California Public Records Act, Government Code Section 6250-6270 (see
reference to entire law below, with applicable areas in red), I would like to request some
information about a current construction project that is under your department's
jurisdiction.
Permit Number: Unknown
Project Description : Demolishing SFD built in 1935 to build New SFD
The address of the project is: Dolores Street, NE Corner at 2nd Avenue
he parcel number is: 010-126-021
1
June 4, 2014
POST OFFICE BOX CC
(831) 620.2000
VIA ELECTRONIC MAIL to: steve@constructioninsider.net
Steve Kenny
steve@constructioninsider.net
Dear Mr. Kelllly:
Act request on May 25, 2014 (''Records Request"). This response is sent on my authority
City has redacted certain responsive records pursuant to the CPRA exemptions, such
redactions are listed on the accompanying redaction log.
Please be advised that every effort has been made to search for all of the public
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 public
record 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. lfyou 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.
Very truly yours,
Jason Stilwell
{ ~ H
City Administrator
Associated Permits
CITY OF CARMEL BY THE SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUJLDING
APPUCARON FOR RESIDENTIAL DESfGN STUDY-TRACK 1WO
Fee
Receipt
Date
Application No.
Property Owner Wu G6.rd..M.. Phaae C/o I' 19 -a7; o
Mailing Address c (e l\'\cl.l P. 0 .fbx. /7 3 4 city, scate, Zip fs.l:J9 Bvt '73 9 s
E.man.AddMss sa. f.-(p aol. 4fk1. Fax 3 t /6 2.'
&aaLoc:atioD N c Do C:-!les (i: 2 l4M.
Blodc /tJ , Lot(s) Assessclr'sPartelNo.

(required) <:
0/t?-IU. -02/
; /y 114
lntJJvidriDII() receive liiJ co"l!3pOIIdeKce OIIIJ.llgmd4t rwgding this IIHJlicallon:
Name ofCoollct
SA-GNAT M A-La2L Phoae "lc/b f?-K 16o
'
f ,c bq X (7 2\1 p. khl .Q.. Bcl,
'IRACK TWO--RISJlJltNTIALDBSIGN S'tlJDY .PERMIT
0 NewdweUing 0 SUbsbmtialalta'ation 0 Demolition 0 RmsiODtoappmveddesign#. __ _
0 Project involves mnowl and/or significant Jilnb or root cutting of significaut or mocJeratdy Bi&nifiCalit trees
O Project iDvoJvcs DlOI'C diaD a miDDr altcraticm to an IU5toric mource (per CMC 17 .32.1')
Aasigaccl StaffMtmbcr -----
Oei:Jsion Mab:r. Q S1a1f
Julyli.20J3
Action
[]PC occ
DATE AUTHOR
1. 3/4/14 Safvat Malek
CITY OF CARMEL BY THE SEA REDACTION LOG
PUBLIC RECORDS REQUEST NO. 2014-62
TO TYPE REASON FOR REDACTION OR WITHHOLDING
Redactions of "personal identifiers", including but not limited to
Personal Phone and Personal E-mail Address pursuant to: The
City of
Application for
California Constitution (Article I, Section 1 ), See International
Carmel-
Residential Design
Federation of Professional & Technical Engineers, Loca/21, AFL-CJO
By-The-
Study
v. Superior Court (2007) 42 Cal. 4th 319; See also ACLU v. Deukmejian
Sea (1982) 32 Cal.3d 440; Evidence code section 1040 via Government
Code Section 6254(k); and/or Government Code 6255, see Times Mirror
Co. v. Sup_erior Court (1991} 53 Cal.3d 1325.
Yvette Oblander
From: Rob Mullane
Sent:
To:
Tuesday, May 27, 2014 8:50AM
Yvette Oblander
Cc: Marianne Grover
Subject: FW: Public Records Request.doc
Yvette,
This new PRA came in over the weekend. It can be fielded by CPBD staff.
Robert A. Mullane, AICP
Community Planning and Building Director
P. O. Drawer G
Carmel-by-the-Sea, CA 93921
main (831) 620-2010
direct (831) 620-2057
rmullane@ci.carmel . ca.us
-----Original Message- ----
From: Steve Kenny [mailto: steve@constructioninsider.net]
Sent: Sunday, May 25, 2014 9: 06 AM
To : Marianne Grover
,ubject : Public Records Request.doc
Hi Mary Ann
Pursuant to the California Public Records Act, Government Code Section 6250-6270 (see
reference to entire law below, with applicable areas in red), I would like to request some
information about a current construction project that is under your department's
jurisdiction.
Permit Number: Unknown
Project Description: Demolishing SFD built in 1935 to build New SFD
The address of the project is: Dolores Street, NE Corner at 2nd Avenue
!he parcel number is : 010-126-021
1
Could you please tel l me who the contractor and architect are for this project, including the
company name and contact person?
Please reference the job site address with your reply .
Thank you very much!
Steven M Kenny
Construction Insider
831-331 -6327
Public Records Act
GOVERNMENT CODE
SECTION 6250-6270
6250. In enacting this chapter, the Legislature, mindful of the
right of individuals to pr ivacy, finds and declares that access to
information concerning the conduct of the peopl e's business is a
fundamental and necessary right of every person in this state.
6251. This chapter shall be known and may be cited as the
California Public Records Act.
6252 . As used in this chapter:
(a) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
thereof; other local public agency; or entities that are legislative
bodies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) ''Member of the public" means any person, except a member,
agent, officer, or employee of a federal, state, or local agency
acting within the scope of his or her membership, agency, office, or

(c) "Person'' includes any natural person, corporation,
partnership, limited liability company, firm, or association.
(d) "Public agency" means any state or local agency .
2
(e) "Public records" includes any writing containing information
relating to the conduct of the public ' s business prepared, owned,
used, or retained by any state or local agency regardless of physical
1
form or characteristics. "Public records" in the custody of, or
maintained by, the Governor's office means any writing prepared on or
after January 6, 1975 .
(f) "State agency" means every state office, officer, department,
division, bureau, board, and commission or other state body or
agency, except those agencies provided for in Article IV (except
Section 2e thereof) or Article VI of the California Constitution.
(g) "Writing" means any handwriting, typewriting, printing,
photostating, photographing, photocopying, transmitting by electronic
mail or facsimile, and every other means of recording upon any
tangible thing any form of communication or representation, including
letters, words, pictures, sounds , or symbols, or combinations
thereof, and any record thereby created, regardless of the manner in
which the record has been stored .
6252.5 . Notwithstanding the definition of "member of the public" in
Section 6252, an elected member or officer of any state or local
agency is entitled to access to public records of that agency on the
same basis as any other person. Nothing in this section shall limit
the ability of elected members or officers to access public records
permitted by law in the administrati on of their duties.
This section does not constitute a change in, but is declaratory
of, existing law.
6252.6. Notwithstanding paragraph (2) of subdivision (a) of Section
827 of the Welfare and Institutions Code, after the death of a
foster child who is a minor, the name, date of birth, and date of
death of the child shall be subject to disclosure by the county child
welfare agency pursuant to this chapter.
6252 . 7. Notwithstanding Section 6252.5 or any other prov1s1on of
law, when the members of a legislative body of a local agency are
authorized to access a writing of the body or of the agency as
permitted by law in the administration of their duties, the local
agency, as defined in Section 54951, shall not discriminate between
or among any of those members as to which writing or portion thereof
is made available or when it is made available.
6253. (a) Public records are open to inspection at all times during
the office hours of the state or local agency and every person has a
right to inspect any public record, except as hereafter provided.
Any reasonably segregable portion of a record shall be available for
inspection by any person requesting the record after deletion of the
~ o r t o n s that are exempted by law.
(b) Except with respect to public records exempt from disclosure
by express provisions of law, each state or local agency, upon a
request for a copy of records that reasonably describes an
3
identifiable record or records, shall make the records promptly
available to any person upon payment of fees covering direct costs of
duplication, or a statutory fee if applicable . Upon request , an
exact copy shall be provided unless impracticable to do so .
(c) Each agency, upon a request for a copy of records, shall,
within 10 days from receipt of the request, determine whether the
request, in whole or in part, seeks copies of disclosable public
records in the possession of the agency and shall promptly notify the
person making the request of the determination and the reasons
therefor. In unusual circumstances, the time limit prescribed in this
section may be extended by written notice by the head of the agency
or his or her designee to the person making the request, setting
forth the reasons for the extension and the date on which a
determination is expected to be dispatched. No notice shall specify a
date that would result in an extension for more than 14 days . When
the agency dispatches the determination, and if the agency determines
that the request seeks disclosable public records, the agency shall
state the estimated date and time when the records will be made
available. As used in this section, "unusual circumstances" means the
following, but only to the extent reasonably necessary to the proper
processing of the particular request :
(1) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request .
(2) The need to search for , collect, and appropriately examine a
voluminous amount of separate and distinct records that are demanded
in a single request.
(3) The need for consultation, which shall be conducted with all
.practicable speed, with another agency having substantial interest in
the determination of the request or among two or more components of
the agency having substantial subject matter interest therein.
(4) The need to compile data, to write programming language or a
computer program, or to construct a computer report to extract data.
(d) Nothing in this chapter shall be construed to permit an agency
to delay or obstruct the inspection or copying of public records.
The notification of denial of any request for records required by
Section 6255 shall set forth the names and titles or positions of
each person responsible for the denial.
(e) Except as otherwise prohibited by law, a state or local agency
may adopt requirements for itself that allow for faster, more
efficient, or greater access to records than prescribed by the
minimum standards set forth in this chapter.
6253.1. (a) When a member of the public requests to inspect a
public record or obtain a copy of a public record, the public agency,
in order to assist the member of the public make a focused and
effective request that reasonably describes an identifiable record or
records , shall do all of the following, to the extent reasonable
under the circumstances:
(1) Assist the member of the public to identify records and
information that are responsive to the request or to the purpose of
~ h request, if stated.
(2) Describe the information technology and physical location in
which the records exist.
(3) Provide suggestions for overcoming any practical basis for
4
denying access to the records or information sought.
(b) The requirements of paragraph (1) of subdivision (a) shall be
deemed to have been satisfied if the public agency is unable to
identify the requested information after making a reasonable effort
to elicit additional clarifying information from the requester that
will help identify the record or records .
(c) The requirements of subdivision (a) are in addition to any
action required of a public agency by Section 6253.
(d) This section shall not apply to a request for public records
if any of the following applies :
(1) The public agency makes available the requested records
pursuant to Section 6253.
(2) The public agency determines that the request should be denied
and bases that determination solely on an exemption listed in
Section 6254.
(3) The public agency makes available an index of its records.
6253.2. (a) Notwithstandi ng any other prov1s1on of this chapter to
the contrary, information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Instituti ons Code, or services provided pursuant to
Section 14132 . 95, 14132.952) or 14132 . 956 of the Welfare and
Institutions Code, is not subject to public disclosure pursuant to
this chapter, except as provided in subdivision (b).
(b) Copies of names, addresses, and telephone numbers of persons
described in subdivision (a) shall be made available, upon request,
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to Section 12301.6 or 12302.25
of the Welfare and Institutions Code or the In-Home Supportive
Services Employer-Employee Relations Act (Title 23 (commencing with
Section 110000)). This information shall not be used by the receiving
entity for any purpose other than the employee organizing,
representation, and assistance activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In - Home Supportive Services Program (Article 7
(commencing with Section 12300) of Chapter 3 of Part 3 of Division 9
of the Welfare and Institutions Code), the Personal Care Servi ces
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code, the In-Home Supportive Services Plus Option pursuant to Section
14132.952 of the Welfare and Institutions Code, or the Community
First Choice Option pursuant to Section 14132.956 of the Welfare and
Institutions Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the In-Home
Supportive Services Employer-Employee Relations Act (Title 23
(commencing with Section 110000)) or any other labor relations law.
(e) This section shall be inoperative if the Coordinated Care
Initiative becomes inoperative pursuant to Section 34 of the act that
added this subdivision.
I
6253.2 . (a) Notwithstanding any other prov1s1on of this chapter to
the cont rary) information regarding persons paid by the state to
provide in-home supportive services pursuant to Article 7 (commencing
5
with Section 12300) of Chapter 3 of Part 3 of Division 9 of the
Welfare and Institutions Code or personal care services pursuant to
Section 14132.95 of the Welfare and Institutions Code) is not subject
to public disclosure pursuant to this chapter, except as provided in
subdivision (b).
(b) Copies of names) addresses) and telephone numbers of persons
described in subdivision (a) shall be made available) upon request)
to an exclusive bargaining agent and to any labor organization
seeking representation rights pursuant to subdivision (c) of Section
12301. 6 or Section 12302.25 of the Welfare and Institutions Code or
Chapter 10 (commencing with Section 3500) of Division 4 of Title 1.
This information shall not be used by the receiving entity for any
purpose other than the employee organizing, representation) and
assistance activities of the labor organization.
(c) This section applies solely to individuals who provide
services under the In-Home Supportive Services Program (Article 7
of the Welfare and Institutions Code) or the Personal Care Services
Program pursuant to Section 14132.95 of the Welfare and Institutions
Code.
(d) Nothing in this section is intended to alter or shall be
interpreted to alter the rights of parties under the
Meyers-Milias-Brown Act (Chapter 10 (commencing with Section 3500) of
Division 4) or any other labor relations law.
(e) This section shall be operative only if Section 1 of the act
that added this subdivision becomes inoperative pursuant to
subdivision (e) of that Section 1.
6253.3. A state or local agency may not allow another party to
control the disclosure of information that is otherwise subject to
disclosure pursuant to this chapter.
6253.31. Notwithstanding any contract term to the contrary) a
contract entered into by a state or local agency subject to this
chapter) including the University of California, that requires a
private entity to review, audit, or report on any aspect of that
agency shall be public to the extent the contract is otherwise
subject to disclosure under this chapter.
6253.4. (a) Every agency may adopt regulations stating the
procedures to be followed when making its records available in
accordance with this section .
The following state and local bodies shall establish written
guidelines for accessibility of records. A copy of these guidelines
shall be posted in a conspicuous public place at the offices of these
bodies) and a copy of the guidelines shall be available upon request
free of charge to any person requesting that body's records:
Department of Motor Vehicles
Department of Consumer Affairs
Transportation Agency
Bureau of Real Estate
6
Department of Corrections and Rehabilitation
Division of Juvenile Justice
Department of Justice
Department of Insurance
Department of Business Oversight
Department of Managed Health Care
Secretary of State
State Air Resources Board
Department of Water Resources
Department of Parks and Recreation
San Francisco Bay Conservation and Development Commission
State Board of Equalization
State Department of Health Care Services
Employment Development Department
State Department of Public Health
State Department of Social Services
State Department of State Hospitals
State Department of Developmental Services
Public Employees' Retirement System
Teachers' Retirement Board
Department of Industrial Relations
Department of General Services
Department of Veterans Affairs
Public Utilities Commission
California Coastal Commission
State Water Resources Control Board
San Francisco Bay Area Rapid Transit District
All regional water quality control boards
Los Angeles County Air Pollution Control District
Bay Area Air Pollution Control District
Golden Gate Bridge
1
Highway and Transportation District
Department of Toxic Substances Control
Office of Environmental Health Hazard Assessment
(b) Guidelines and regulations adopted pursuant to this section
shall be consistent with all other sections of this chapter and shall
reflect the intention of the Legislature to make the records
accessible to the public. The guidelines and regulations adopted
pursuant to this section shall not operate to limit the hours public
records are open for inspection as prescribed in Section 6253.
6253.5. Notwithstanding Sections 6252 and 6253
1
statewide
1
county
1
city
1
and district initiative, referendum
1
and recall petitions
1
petitions circulated pursuant to Section 5e91 of the Education Code
1
petitions for the reorganization of school districts submitted
pursuant to Article 1 (commencing with Section 357ee) of Chapter 4 of
Part 21 of the Education Code, petitions for the reorganization of
community college districts submitted pursuant to Part 46 (commencing
with Section 74eee) of the Education Code and all memoranda prepared
by the county elections officials in the examination of the
petitions indicating which registered voters have signed particular
petitions shall not be deemed to be public records and shall not be
open to inspection except by the public officer or public employees
~ o have the duty of receiving, examining or preserving the petitions
or who are responsible for the preparation of that memoranda and, if
the petition is found to be insufficient
1
by the proponents of the
7
petition and the representatives of the proponents as may be
designated by the proponents in writing in order to determine which
signatures were disqualified and the reasons therefor. However, the
Attorney General, the Secretary of State, the Fair Political
Practices Commission, a district attorney, a school district or a
community college district attorney, and a city attorney shall be
permitted to examine the material upon approval of the appropriate
superior court.
If the proponents of a petition are permitted to examine the
petition and memoranda, the examination shall commence not later than
21 days after certification of insufficiency.
(a) As used in this section, "petition" shall mean any petition to
which a registered voter has affixed his or her signature.
(b) As used in this section "proponents of the petition" means the
following:
(1) For statewide initiative and referendum measures, the person
or persons who submit a draft of a petition proposing the measure to
the Attorney General with a request that he or she prepare a title
and summary of the chief purpose and points of the proposed measure.
(2) For other initiative and referenda on measures, the person or
persons who publish a notice of intention to circulate petitions, or,
where publication is not required, who file petitions with the
elections official.
(3) For recall measures, the person or persons defined in Section
343 of the Elections Code.
(4) For petitions circulated pursuant to Section 5e91 of the
Education Code, the person or persons having charge of the petition
who submit the petition to the county superintendent of schools .
(5) For petitions circulated pursuant to Article 1 (commencing
with Section 357e0) of Chapter 4 of Part 21 of the Education Code,
the person or persons designated as chief petitioners under Section
35701 of the Education Code .
(6) For petitions circulated pursuant to Part 46 (commencing with
Section 74000) of the Education Code, the person or persons
designated as chief petitioners under Sections 74102, 74133, and
74152 of the Education Code.
6253.6. (a) Notwithstanding the of Sections 6252 and
6253, information compiled by public officers or public employees
revealing the identity of persons who have requested bilingual
ballots or ballot pamphlets, made in accordance with any federal or
state law, or other data that would reveal the identity of the
requester, shall not be deemed to be public records and shall not be
provided to any person other than public officers or public employees
who are responsible for receiving those requests and processing the
same .
(b) Nothing contained in subdivision (a) shall be construed as
prohibiting any person who is otherwise authorized by law from
examining election materials, including, but not limited to,
affidavits of registration, provided that requests for bilingual
ballots or ballot pamphlets shall be subject to the restrictions
contained in subdivision (a).
6253.8. (a) Every final enforcement order issued by an agency
8
listed in subdivision (b) under any prov1s1on of law that is
administered by an entity listed in subdivision (b), shall be
displayed on the entity's Internet website, if the final enforcement
order is a public record that is not exempt from disclosure pursuant
to this chapter.
(b) This section applies to the California Environmental
Protection Agency and to all of the following entities within the
agency:
(1) The State Air Resources Board.
(2) The California Integrated Waste Management Board.
(3) The State Water Resources Control Board, and each California
regional water quality control board.
(4) The Department of Pesticide Regulation.
(5) The Department of Toxic Substances Control.
(c) (1) Except as provided in paragraph (2), for purposes of this
section, an enforcement order is final when the time for judicial
review has expired on or after January 1, 2ee1, or when all means of
judicial review have been exhausted on or after January 1, 2ee1.
(2) In addition to the requirements of paragraph (1), with regard
to a final enforcement order issued by the State Water Resources
Control Board or a California regional water quality control board,
this section shall apply only to a final enforcement order adopted by
that board or a regional board at a public meeting .
(d) An order posted pursuant to this section shall be posted for
not less than one year.
(e) The California Environmental Protection Agency shall oversee
the implementation of this section.
(f) This section shall become operative April 1, 2ee1.
6253.9. (a) Unless otherwise prohibited by lawJ any agency that has
information that constitutes an identifiable public record not
exempt from disclosure pursuant to this chapter that is in an
electronic format shall make that information available in an
electronic format when requested by any person and, when applicable)
shall comply with the following :
(1) The agency shall make the information available in any
electronic format in which it holds the information.
(2) Each agency shall provide a copy of an electronic record in
the format requested if the requested format is one that has been
used by the agency to create copies for its own use or for provision
to other agencies. The cost of duplication shall be limited to the
direct cost of producing a copy of a record in an electronic format.
(b) Notwithstanding paragraph (2) of subdivision (a)J the
requester shall bear the cost of producing a copy of the record,
including the cost to construct a record, and the cost of programming
and computer services necessary to produce a copy of the record when
either of the following applies:
(1) In order to comply with the provisions of subdivision (a), the
public agency would be required to produce a copy of an electronic
record and the record is one that is produced only at otherwise
regularly scheduled intervals.
) (2) The request would require data compilation) extraction, or
programming to produce the record.
(c) Nothing in this section shall be construed to require the
public agency to reconstruct a record in an electronic format if the
9
agency no longer has the record available in an electronic format .
(d) If the request is for information in other than electronic
format, and the information also is in electronic format, the agency
may inform the requester that the information is available in
electronic format.
(e) Nothing in this section shall be construed to permit an agency
to make information available only in an electronic format .
(f) Nothing in this section shall be construed to require the
publi c agency to release an electronic record in the electronic form
in which it is held by the agency if its release would jeopardize or
compromise the security or integrity of the original record or of any
proprietary software in which it is maintained.
(g) Nothing in this section shall be construed to permit public
access to records held by any agency to which access is otherwise
restricted by statute .
6254. Except as provided in Sections 6254. 7 and 6254. 13, nothing in
this chapter shall be construed to require discl osure of records
that are any of the following :
(a) Preliminary drafts, notes, or interagency or intra-agency
memoranda that are not retained by the public agency in the ordinary
course of business, if the public interest in withholding those
records clearly outweighs the public interest in disclosure.
(b) Records pertaining to pending litigation to which the public
agency is a party, or to claims made pursuant to Division 3.6
(commencing with Section 81e) , until the pending litigation or claim
has been finally adjudicated or otherwise settled.
(c) Personnel, medical, or similar files, the disclosure of which
would constitute an unwarranted invasion of personal privacy.
(d) Contained in or related to any of the following :
(1) Applications filed with any state agency responsible for the
regulation or supervision of the issuance of securities or of
fi nancial institutions, including, but not limited to, banks, savings
and loan associations, industrial loan companies, credit unions> and
insurance companies.
(2) Examination, operating, or condition reports prepa red by, on
behalf of, or for the use of, any state agency referred to in
paragraph (1).
(3) Preliminary drafts, notes, or interagency or intra-agency
communications prepared by, on behalf of, or for the use of, any
state agency referred to in paragraph (1).
(4) Information received in confidence by any state agency
referred to in paragraph (1) .
(e) Geological and geophysical data, plant production data, and
similar information relating to utility systems development, or
market or crop reports , that are obtained in confidence from any
person.
(f) Records of complaints to, or investigations conducted by, or
records of intelligence information or security procedures of, the
office of the Attorney General and the Department of Justice, the
California Emergency Management Agency, and any state or local police
agency, or any investigatory or security files compiled by any other
:state or local police agency, or any investigatory or security files
compiled by any other state or local agency for correctional, law
enforcement, or licensing purposes. However, state and local law
enforcement agencies shall disclose the names and addresses of
10
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
~ r t i e s involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof, an insurance carrier against
which a claim has been or might be made, and any person suffering
bodily injury or property damage or loss, as the result of the
incident caused by arson, burglary, fire
1
explosion, larceny>
robbery, carjacking> vandalism, vehicle theft, or a crime as defined
by subdivision (b) of Section 13951, unless the disclosure would
endanger the safety of a witness or other person involved in the
investigation, or unless disclosure would endanger the successful
completion of the investigation or a related investigation. However,
nothing in this division shall require the disclosure of that portion
of those investigative files that reflects the analysis or
conclusions of the investigating officer.
Customer lists provided to a state or local police agency by an
alarm or security company at the request of the agency shall be
construed to be records subject to this subdivision.
Notwithstanding any other provision of this subdivision, state and
local law enforcement agencies shall make public the following
information, except to the extent that disclosure of a particular
item of information would endanger the safety of a person involved in
an investigation or would endanger the successful completion of the
investigation or a related investigation:
(1) The full name and occupation of every individual arrested by
the agency, the individual's physical description including date of
birth, color of eyes and hair, sex, height and weight, the time and
date of arrest, the time and date of booking> the location of the
arrest, the factual circumstances surrounding the arrest, the amount
of bail set, the time and manner of release or the location where the
individual is currently being held
1
and all charges the individual
is being held upon, including any outstanding warrants from other
jurisdictions and parole or probation holds.
(2) Subject to the restrictions imposed by Section 841.5 of the
Penal Code, the time, substance> and location of all complaints or
requests for assistance received by the agency and the time and
nature of the response thereto, including, to the extent the
information regarding crimes alleged or committed or any other
incident investigated is recorded, the time, date, and location of
occurrence, the time and date of the report, the name and age of the
victim, the factual circumstances surrounding the crime or incident,
and a general description of any injuries, property, or weapons
involved. The name of a victim of any crime defined by Section 22e,
236.1, 261, 261.5, 262, 264, 264.1, 265
1
266, 266a, 26Gb, 266c, 266e,
266f, 266j, 267, 269
1
273a, 273d
1
273.5, 285, 286, 288, 288a, 288 . 2,
288.3 (as added by Chapter 337 of the Statutes of 2ee6), 288.3 (as
added by Section 6 of Proposition 83 of the November 7, 2ee6,
statewide general election), 288.5
1
288.7, 289, 422 . 6, 422.7, 422 . 75,
646.9, or 647 . 6 of the Penal Code may be withheld at the victim's
request, or at the request of the victim's parent or guardian if the
victim is a minor. When a person is the victim of more than one
.crime, information disclosing that the person is a victim of a crime
1
defined in any of the sections of the Penal Code set forth in this
subdivision may be deleted at the request of the victim, or the
victim's parent or guardian if the victim is a minor> in making the
11
report of the crime, or of any crime or incident accompanying the
crime, available to the public in compliance with the requirements of
this paragraph.
(3) Subject to the restrictions of Section 841.5 of the Penal Code
and this subdivision, the current address of every individual
arrested by the agency and the current address of the victim of a
crime, where the requester declares under penalty of perjury that the
request is made for a scholarly, journalistic, political, or
governmental purpose, or that the request is made for investigation
purposes by a licensed private investigator as described in Chapter
11.3 (commencing with Section 7512) of Division 3 of the Business and
Professions Code. However, the address of the victim of any crime
defined by Section 220, 236.1, 261, 261.5, 262, 264, 264.1, 265, 266,
266a, 266b, 266c, 266e, 266f, 266j, 267, 269, 273a, 273d, 273.5,
285, 286, 288, 288a, 288.2, 288.3 (as added by Chapter 337 of the
Statutes of 2006), 288.3 (as added by Section 6 of Proposition 83 of
the November 7, 2e06, statewide general election), 288.5, 288.7, 289,
422.6, 422.7, 422.75, 646.9, or 647.6 of the Penal Code shall remain
confidential. Address information obtained pursuant to this
paragraph may not be used directly or indirectly, or furnished to
another, to sell a product or service to any individual or group of
individuals, and the requester shall execute a declaration to that
effect under penalty of perjury. Nothing in this paragraph shall be
construed to prohibit or limit a scholarly, journalistic, political,
or government use of address information obtained pursuant to this
paragraph.
(g) Test questions, scoring keys, and other examination data used
to administer a licensing examination, examination for employment, or
academic examination, except as provided for in Chapter 3
1
(commencing with Section 99150) of Part 65 of Division 14 of Title 3
of the Education Code.
(h) The contents of real estate appraisals or engineering or
feasibility estimates and evaluations made for or by the state or
local agency relative to the acquisition of property, or to
prospective public supply and construction contracts, until all of
the property has been acquired or all of the contract agreement
obtained. However, the law of eminent domain shall not be affected by
this provision.
(i) Information required from any taxpayer in connection with the
collection of local taxes that is received in confidence and the
disclosure of the information to other persons would result in unfair
competitive disadvantage to the person supplying the information.
(j) Library circulation records kept for the purpose of
identifying the borrower of items available in libraries, and library
and museum materials made or acquired and presented solely for
reference or exhibition purposes. The exemption in this subdivision
shall not apply to records of fines imposed on the borrowers.
(k) Records, the disclosure of which is exempted or prohibited
pursuant to federal or state law, including, but not limited to,
provisions of the Evidence Code relating to privilege.
(1) Correspondence of and to the Governor or employees of the
Governor's office or in the custody of or maintained by the Governor'
s Legal Affairs Secretary. However, public records shall not be
to the custody of the Governor's Legal Affairs Secretary
to evade the disclosure provisions of this chapter.
(m) In the custody of or maintained by the Legislative Counsel,
except those records in the public database maintained by the
12
Legislative Counsel that are described in Section 10248.
(n) Statements of personal worth or personal financial data
required by a licensing agency and filed by an applicant with the
licensing agency to establish his or her personal qualification for
the license, certificate, or permit applied for.
(o) Financial data contained in applications for financing under
Division 27 (commencing with Section 44500) of the Health and Safety
Code, where an authorized officer of the California Pollution Control
Financing Authority determines that disclosure of the financial data
would be competitively injurious to the applicant and the data is
required in order to obtain guarantees from the United States Small
Business Administration. The California Pollution Control Financing
Authority shall adopt rules for review of individual requests for
confidentiality under this section and for making available to the
public those portions of an application that are subject to
disclosure under this chapter.
(p) Records of state agencies related to activities governed by
Chapter 10.3 (commencing with Section 3512), Chapter 10.5 (commencing
with Section 3525), and Chapter 12 (commencing with Section 3560) of
Division 4, that reveal a state agency's deliberative processes,
impressions, evaluations, opinions, recommendations, meeting minutes,
research, work products, theories, or strategy, or that provide
instruction, advice, or training to employees who do not have full
collective bargaining and representation rights under these chapters .
Nothing in this subdivision shall be construed to limit the
disclosure duties of a state agency with respect to any other records
relating to the activities governed by the employee relations acts
referred to in this subdivision .
, (q) (1) Records of state agencies related to activities governed
'by Article 2.6 (commencing with Section 14081), Article 2.8
(commencing with Section 14087.5), and Article 2.91 (commencing with
Section 14089) of Chapter 7 of Part 3 of Division 9 of the Welfare
and Institutions Code, that reveal the special negotiator's
deliberative processes, discussions, communications, or any other
portion of the negotiations with providers of health care services,
impressions, opinions, recommendations, meeting minutes, research,
work product, theories, or strategy, or that provide instruction,
advice, or training to employees.
(2) Except for the portion of a contract containing the rates of
payment , contracts for inpatient services entered into pursuant to
these articles, on or after April 1, 1984, shall be open to
inspection one year after they are fully executed. If a contract for
inpatient services that is entered into prior to April 1, 1984, is
amended on or after April 1, 1984, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after it is fully executed. If the California Medical
Assistance Commission enters into contracts with health care
providers for other than inpatient hospital services, those contracts
shall be open to inspection one year after they are fully executed.
(3) Three years after a contract or amendment is open to
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection .
1
(4) Notwithstanding any other provision of law, the entire
contract or amendment shall be open to inspection by the Joint
Legislative Audit Committee and the Legislative Analyst 's Office. The
committee and that office shall maintain the confidentiality of the
13
contracts and amendments until the time a contract or amendment is
fully open to inspection by the public.
(r) Records of Native American graves, cemeteries, and sacred
places and records of Native American places, features, and objects
described in Sections 5e97 . 9 and 5e97 .993 of the Public Resources
Code maintained by, or in the possession of, the Native American
Heritage Commission, another state agency, or a local agency.
(s) A final accreditation report of the Joint Commission on
Accreditation of Hospitals that has been transmitted to the State
Department of Health Care Services pursuant to subdivision (b) of
Section 1282 of the Health and Safety Code .
(t) Records of a local hospital district, formed pursuant to
Division 23 (commencing with Section 32eee) of the Health and Safety
Code, or the records of a municipal hospital, formed pursuant to
Article 7 (commencing with Section 376ee) or Article 8 (commencing
with Section 3765e) of Chapter 5 of Part 2 of Division 3 of Title 4
of this code, that relate to any contract with an insurer or
nonprofit hospital service plan for inpatient or outpatient services
for alternative rates pursuant to Section 1e133 of the Insurance
Code. However, the record shall be open to inspection within one year
after the contract is fully executed.
(u) (1) Information contained in applications for licenses to
carry firearms issued pursuant to Section 2615e, 26155, 2617e, or
26215 of the Penal Code by the sheriff of a county or the chief or
other head of a municipal police department that indicates when or
where the applicant is vulnerable to attack or that concerns the
applicant's medical or psychological history or that of members of
his or her family.
(2) The home address and telephone number of prosecutors, public
defenders, peace officers, judges, court commissioners, and
magistrates that are set forth in applications for licenses to carry
firearms issued pursuant to Section 2615e, 26155, 2617e, or 26215 of
the Penal Code by the sheriff of a county or the chief or other head
of a municipal police department.
(3) The home address and telephone number of prosecutors, public
defenders, peace officers, judges , court commissioners, and
magistrates that are set forth in licenses to carry firearms issued
pursuant to Section 2615e, 26155, 2617e, or 26215 of the Penal Code
by the sheriff of a county or the chief or other head of a municipal
police department.
(v) (1) Records of the Managed Risk Medical Insurance Board and
the State Department of Health Care Services related to activities
governed by Part 6.3 (commencing with Section 12695), Part 6. 5
(commencing with Section 127ee), Part 6 . 6 (commencing with Section
12739.5), and Part 6.7 (commencing with Section 12739.7e) of Division
2 of the Insurance Code, and Chapter 2 (commencing with Section
1585e) of Part 3.3 of Division 9 of the Welfare and Institutions
Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
any other portion of the negotiations with entities contracting or
seeking to contract with the board or the department, entities with
which the board or the department is considering a contract, or
entities with which the board is considering or enters into any other
frrangement under which the board or the department provides,
receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
14
staff or the department or its staff, or records that provide
instructions, advice, or training to their employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.3
(commencing with Section 12695), Part 6.5 (commencing with Section
127ee), Part 6.6 (commencing with Section 12739.5), or Part 6.7
(commencing with Section 12739.7e) of Division 2 of the Insurance
Code, or Chapter 2.2 (commencing with Section 1585e) of Part 3.3 of
Division 9 of the Welfare and Institutions Code, on or after July 1,
1991, shall be open to inspection one year after their effective
dates.
(B) If a contract that is entered into prior to July 1, 1991, is
amended on or after July 1, 1991, the amendment, except for any
portion containing the rates of payment, shall be open to inspection
one year after the effective date of the amendment.
inspection pursuant to this subdivision, the portion of the contract
or amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other law, the entire contract or
amendments to a contract shall be open to inspection by the Joint
Legislative Audit Committee. The committee shall maintain the
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (3).
(w) (1) Records of the Managed Risk Medical Insurance Board
related to activities governed by Chapter 8 (commencing with Section
1e7ee) of Part 2 of Division 2 of the Insurance Code, and that reveal
the deliberative processes, discussions, communications, or any
' other portion of the negotiations with health plans, or the
work product, theories, or strategy of the board or its staff, or
records that provide instructions, advice, or training to employees.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health coverage entered into pursuant to
Chapter 8 (commencing with Section 107ae) of Part 2 of Division 2 of
the Insurance Code, on or after January 1, 1993, shall be open to
inspection one year after they have been fully executed.
confidentiality of the contracts and amendments thereto, until the
contracts or amendments to the contracts are open to inspection
pursuant to paragraph (2).
(x) Financial data contained in applications for registration, or
registration renewal, as a service contractor filed with the Director
of Consumer Affairs pursuant to Chapter 2e (commencing with Section
98ee) of Division 3 of the Business and Professions Code, for the
purpose of establishing the service contractor's net worth, or
financial data regarding the funded accounts held in escrow for
service contracts held in force in this state by a service
contractor.
(y) (1) Records of the Managed Risk Medical Insurance Board
,related to activities governed by Part 6.2 (commencing with Section
12693) or Part 6.4 (commencing with Section 12699.50) of Division 2
of the Insurance Code, and that reveal any of the following:
(A) The deliberative processes, discussions, communications, or
15
any other portion of the negotiations with entities contracting or
seeking to contract with the board, entities with which the board is
considering a contract, or entities with which the board is
considering or enters into any other arrangement under which the
board provides, receives, or arranges services or reimbursement.
(B) The impressions, opinions, recommendations, meeting minutes,
research, work product, theories, or strategy of the board or its
staff, or records that provide instructions, advice, or training to
employees.
(2) (A) Except for the portion of a contract that contains the
rates of payment, contracts entered into pursuant to Part 6.2
(commencing with Section 12693) or Part 6 . 4 (commencing with Section
12699. 50) of Division 2 of the Insurance Code, on or after January 1,
1998, shall be open to inspection one year after their effective
dates.
(B) If a contract entered into pursuant to Part 6.2 (commencing
with Section 12693) or Part 6. 4 (commencing with Section 12699. 5e) of
Division 2 of the Insurance Code is amended, the amendment shall be
open to inspection one year after the effective date of the
amendment.
inspection.
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
I
to paragraph (2) or (3).
(5) The exemption from disclosure provided pursuant to this
subdivision for the contracts, deliberative processes, discussions,
communications, negotiations, impressions, opinions, recommendations,
meeting minutes, research, work product , theories, or strategy of
the board or its staff shall also apply to the contracts,
deliberative processes, discussions, communications, negotiations,
work product, theories, or strategy of applicants pursuant to Part
6.4 (commencing with Section 12699.50) of Division 2 of the Insurance
Code.
(z) Records obtained pursuant to paragraph (2) of subdivision (f)
of Section 2891.1 of the Public Utilities Code.
(aa) A document prepared by or for a state or local agency that
assesses its vulnerability to terrorist attack or other criminal acts
intended to disrupt the public agency's operations and that is for
distribution or consideration in a closed session.
(ab) Critical infrastructure information, as defined in Section
131(3) of Title 6 of the United States Code, that is voluntarily
submitted to the California Emergency Management Agency for use by
that office, including the identity of the person who or entity that
voluntarily submitted the information. As used in this subdivision,
"voluntarily submitted" means submitted in the absence of the office
exercising any legal authority to compel access to or submission of
critical infrastructure information. This subdivision shall not
I
affect the status of information in the possession of any other state
or local governmental agency.
(ac) All information provided to the Secretary of State by a
16
person for the purpose of registration in the Advance Health Care
Directive Registry, except that those records shall be released at
the request of a health care provider, a public guardian, or the
registrant's legal representative.
(ad) The following records of the State Compensation Insurance
Fund:
(1) Records related to claims pursuant to Chapter 1 (commencing
with Section 3200) of Division 4 of the Labor Code, to the extent
that confidential medical information or other individually
identifiable information would be disclosed .
(2) Records related to the discussions, communications, or any
other portion of the negotiations with entities contracting or
seeking to contract with the fund, and any related deliberations .
(3) Records related to the impressions, opinions, recommendations,
meeting minutes of meetings or sessions that are lawfully closed to
the public, research, wor k product, theories, or strategy of the fund
or its staff, on the development of rates, contracting strat egy,
underwriting, or competitive strategy pursuant to the powers granted
to the fund in Chapter 4 (commencing with Section 11770) of Part 3 of
Division 2 of the Insurance Code.
(4) Records obtained to provide workers' compensation insurance
under Chapter 4 (commencing with Section 11770) of Part 3 of Division
2 of the Insurance Code, including, but not limited to, any medical
claims information, policyholder information provided that nothing in
this paragraph shall be interpreted to prevent an insurance agent or
broker from obtaining proprietary information or other information
authorized by law to be obtained by the agent or broker, and
information on rates, pricing, and claims handling received from
brokers.
(5) (A) Records that are trade secrets pursuant to Section
6276.44, or Article 11 (commencing with Section 1060) of Chapter 4 of
Division 8 of the Evidence Code, including without limitation,
inst ructions, advice, or training provided by the State Compensation
Insurance Fund to its board members, officers, and employees
regarding the fund's special investigation unit, internal audit unit,
and informational security, marketing, rating, pricing,
underwriting, claims handling, audits, and collections .
(B) Notwithstanding subparagraph (A), the portions of records
containing trade secrets shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
Workers' Compensation, and the Department of Insurance to ensure
compliance with applicable law.
(6) (A) Internal audits containing proprietary information and the
following records that are related to an internal audit:
(i) Personal papers and correspondence of any person providing
assistance to the fund when that person has requested in writing that
his or her papers and correspondence be kept private and
confidential. Those papers and correspondence shall become public
records if the written reques t is withdrawn, or upon order of the
fund.
(ii) Papers, correspondence, memoranda, or any substantive
information pertai ning to any audit not completed or an internal
audit that contains proprietary information.
(B) Notwithstanding subparagraph (A), the portions of records
I
containing proprietary information, or any information specified in
subparagraph (A) shall be available for review by the Joint
Legislative Audit Committee, the Bureau of State Audits, Division of
17
Workers' Compensation> and the Department of Insurance to ensure
compliance with applicable law.
(7) (A) Except as provided in subparagraph (C) > contracts entered
into pursuant to Chapter 4 (commencing with Section 11778) of Part 3
of Division 2 of the Insurance Code shall be open to inspection one
year after the contract has been fully executed.
(B) If a contract entered into pursuant to Chapter 4 (commencing
with Section 11778) of Part 3 of Division 2 of the Insurance Code is
amended> the amendment shall be open to inspection one year after the
amendment has been fully executed.
(C) Three years after a contract or amendment is open to
inspection.
(D) Notwithstanding any other law> the entire contract or
confidentiality of the contracts and amendments thereto until the
contract or amendments to a contract are open to inspection pursuant
to this paragraph .
(E) This paragraph is not intended to apply to documents related
to contracts with public entities that are not otherwise expressly
confidential as to that public entity.
(F) For purposes of this paragraph, "fully executed'' means the
point in time when all of the necessary parties to the contract have
signed the contract.
This section shall not prevent any agency from opening its records
concerning the administration of the agency to public inspection,
unless disclosure is otherwise prohibited by law.
This section shall not prevent any health facility from disclosing
to a certified bargaining agent relevant financing information
pursuant to Section 8 of the National Labor Relations Act (29 U.S.C.
Sec. 158).
6254.1. (a) Except as provided in Section 6254.7, nothing in this
chapter requires disclosure of records that are the residence address
of any person contained in the records of the Department of Housing
and Community Development> if the person has requested
confidentiality of that information, in accordance with Section 18881
of the Health and Safety Code.
(b) Nothing in this chapter requires the disclosure of the
residence or mailing address of any person in any record of the
Department of Motor Vehicles except in accordance with Section
1808.21 of the Vehicle Code .
(c) Nothing in this chapter requires the disclosure of the results
of a test undertaken pursuant to Section 12804. 8 of the Vehicle
Code .
6254 . 2. (a) Nothing in this chapter exempts from public disclosure
the same categories of pesticide safety and efficacy information that
1
are disclosable under paragraph (1) of subsection (d) of Section 10
of the federal Insecticide, Fungicide, and Rodenticide Act (7 u.s.c.
Sec. 136h(d)(1)), if the individual requesting the information is not
an officer, employee, or agent specified in subdivision (h) and
18
signs the affirmation specified in subdivision (h).
(b) The Director of Pesticide Regulation, upon his or her
initiative, or upon receipt of a request pursuant to this chapter for
the release of data submitted and designated as a trade secret by a
registrant or applicant, shall determine whether any or all of the
data so submitted is a properly designated trade secret. In order to
assure that the interested public has an opportunity to obtain and
review pesticide safety and efficacy data and to comment prior to the
expiration of the public comment period on a proposed pesticide
registration, the director shall provide notice to interested persons
when an application for registration enters the registration
evaluation process.
(c) If the director determines that the data is not a trade
secret, the director shall notify the registrant or applicant by
certified mail.
(d) The registrant or applicant shall have 3e days after receipt
of this notification to provide the director with a complete
justification and statement of the grounds on which the trade secret
privilege is claimed. This justification and statement shall be
submitted by certified mail .
(e) The director shall determine whether the data is protected as
a trade secret within 15 days after receipt of the justification and
statement or, if no justification and statement is filed, within 45
days of the original notice . The director shall notify the registrant
or applicant and any party who has requested the data pursuant to
this chapter of that determinati on by certified mail. If the director
determines that the data is not protected as a trade secret, the
final notice shall also specify a date, not sooner than 15 days after
the date of mailing of the final notice, when the data shall be
'available to any person requesting information pursuant to
subdivision (a).
(f) "Trade secret" means data that is nondisclosable under
paragraph (1) of subsection (d) of Section 10 of the federal
Insecticide, Fungicide, and Rodenticide Act .
(g) This section shall be operative only so long as, and to the
extent that, enforcement of paragraph (1) of subsection (d) of
Section 10 of the federal Insecticide, Fungicide, and Rodenticide Act
has not been enjoined by federal court order, and shall become
inoperative if an unappealable federal court judgment or decision
becomes final that holds that paragraph invalid, to the extent of the
invalidity.
(h) The director shall not knowingly disclose information
submitted to the state by an applicant or registrant pursuant to
Article 4 (commencing with Section 12811) of Chapter 2 of Division 7
of the Food and Agricultural Code to any officer, employee, or agent
of any business or other entity engaged in the production, sale, or
distribution of pesticides in countries other than the United States
or in countries in addition to the United States, or to any other
person who intends to deliver this information to any foreign or
multi-national business or entity, unless the applicant or registrant
consents to the disclosure. To implement this subdivision, the
director shall require the following affirmation to be signed by the
person who requests such information :
AFFIRMATION OF STATUS
This affirmation is required by Section 6254 .2 of the Government
19
Code .
I have requested access to information submitted to the Department
of Pesticide Regulation (or previously submitted to the Department
of Food and Agriculture) by a pesticide applicant or registrant
pursuant to the California Food and Agricultural Code . I hereby
affirm all of the following statements :
(1) I do not seek access to the information for purposes of
delivering it or offering it for sale to any business or other
entity, including the business or entity of which I am an officer,
employee, or agent engaged in the production, sale, or distribution
of pesticides in countries other than the United States or in
countries in addition to the United States, or to the officers,
employees, or agents of such a business or entity.
(2) I will not purposefully deliver or negligently cause the data
to be delivered to a business or entity specified in paragraph (1) or
its officers, employees, or agents .
I am aware that I may be subject to criminal penalties under
Section 118 of the Penal Code if I make any statement of material
facts knowing that the statement is false or if I willfully conceal
any material fact .
Name of Requester Name of Requester's
Organization
Signature of Requester Address of Requester
Date Request No.
Name, Address, and
Telephone Number of
Requester ' s Client, if
the requester has
requested access to the
information on behalf
of someone other than
the requester or the
requester's
organization listed
above.
Telephone Number of
Requester
(i) Notwithstanding any other prov1s1on of this section, the
director may disclose information submitted by an applicant or
registrant to any person in connection with a public proceeding
conducted under law or regulation, if the director determines that
the information is needed to determine whether a pesticide, or any
ingredient of any pesticide, causes unreasonable adverse effects on
health or the environment.
(j) The director shall maintain records of the names of persons to
whom data is disclosed pursuant to this section and the persons or
organizations they represent and shall inform the applicant or
registrant of the names and the affiliation of these persons .
, (k) Section 118 of the Penal Code applies to any affirmation made
'pursuant to this section.
(l) Any officer or employee of the state or former officer or
employee of the state who, because of this employment or official
20
position, obtains possession of, or has access to, material which is
prohibited f rom disclosure by this section, and who, knowing that
disclosure of this material is prohi bited by this section, willfully
discloses the material in any manner to any person not entitled to
receive it, shall, upon conviction, be punished by a fine of not more
than ten t housand dollars ($1e,eee), or by imprisonment in the
county jail for not more than one year, or by both fi ne and
imprisonment .
For purposes of this subdivision, any contractor with the state
who is furnished information pursuant to this section, or any
employee of any contractor, shall be considered an employee of the
state .
(m) This section does not prohibit any person from maintaining a
civil action for wrongful disclosure of trade secrets.
(n) The director may limit an individual to one request per month
pursuant to this section if the director determines that a person has
made a frivolous request within the past 12-month period .
6254 . 3. (a) The home addresses and home telephone numbers of state
empl oyees and employees of a school district or county office of
education shall not be deemed to be public records and shall not be
open to public inspection, except that disclosure of that information
may be made as follows:
(1) To an agent, or a family member of the individual to whom the
information pertains.
(2) To an officer or employee of another st ate agency, school
district, or county office of education when necessary for the
performance of its official duties.
(3) To an employee organi zation pursuant to regulations and
decisions of the Public Employment Relations Board, except that the
home addresses and home telephone numbers of employees performing law
enforcement-related functions shall not be disclosed.
(4) To an agent or employee of a health benefit plan providing
health services or administering claims for health services to state,
school districts, and county office of education employees and their
enrolled dependents, for the purpose of providing the health
services or administering claims for employees and their enrolled
dependents .
(b) Upon written request of any employee, a state agency, school
district, or county office of education shall not disclose the
employee's home address or home telephone number pursuant to
paragraph (3) of subdivision (a) and an agency shall remove the
employee's home address and home telephone number from any mailing
list maintained by the agency, except if the list is used exclusively
by the agency to contact the employee.
6254.4. (a) The home address, telephone number , e-mail address,
precinct number, or other number specified by the Secretary of State
for voter registration purposes, and prior registration information
,shown on the voter registration card for all registered voters, are
confidential and shall not be disclosed to any person, except
pursuant to Section 2194 of the Elections Code.
(b) For purposes of this section, ''home address" means street
21
address only, and does not include an individual's city or post
office address.
(c) The California driver's license number, the California
identification card number, the social security number, and any other
unique identifier used by the State of California for purposes of
voter identification shown on a voter regi stration card of a
registered voter, or added to the voter registration records to
comply with the requirements of the Help America Vote Act of 2002 (42
U.S.C. Sec. 15301 et seq.), are confidential and shall not be
disclosed to any person.
(d) The signature of the voter that is shown on the voter
registration card is confidential and shall not be disclosed to any
person.
6254 . 5. Notwithstanding any other prov1S1ons of the law, whenever a
state or local agency discloses a public record which is otherwise
exempt from this chapter, to any member of the public, this
disclosure shall constitute a waiver of the exemptions specified in
Sections 6254, 6254.7, or other similar provisions of law. For
purposes of this section, "agency" includes a member, agent, officer,
or employee of the agency acting within the scope of his or her
membership, agency, office, or employment .
This section, however, shall not apply to disclosures :
(a) Made pursuant to the Information Practices Act (commencing
with Section 1798 of the Civil Code) or discovery proceedings.
(b) Made through other legal proceedings or as otherwise required
by law.
(c) Within the scope of disclosure of a statute which limits
disclosure of specified writings to certain purposes.
(d) Not required by law, and prohibited by formal action of an
elected legislative body of the local agency which retains the
writings.
(e) Made to any governmental agency which agrees to treat the
disclosed material as confidential. Only persons authorized in
writing by the person in charge of the agency shall be permitted to
obtain the information. Any information obtained by the agency shall
only be used for purposes which are consistent with existing law.
(f) Of records relating to a financial institution or an affiliate
thereof, if the disclosures are made to the financial institution or
affiliate by a state agency responsible for the regulation or
supervision of the financial institution or affiliate.
(g) Of records relating to any person that is subject to the
jurisdiction of the Department of Corporations, if the disclosures
are made to the person that is the subject of the records for the
purpose of corrective action by that person, or if a corporation, to
an officer, director, or other key personnel of the corporation for
the purpose of corrective action, or to any other person to the
extent necessary to obtain information from that person for the
purpose of an investigation by the Department of Corporations.
(h) Made by the Commissioner of Financial Institutions under
Section 280, 282, 8009, or 18396 of the Financial Code.
(i) Of records relating to any person that is subject to the
jurisdiction of the Department of Managed Health Care, if the
disclosures are made to the person that is the subject of the records
for the purpose of corrective action by that person, or if a
22
corporation, to an officer, director, or other key personnel of the
corporation for the purpose of corrective action, or to any other
person to the extent necessary to obtain information from that person
for the purpose of an investigation by the Department of Managed
Health Care.
6254.6. Whenever a city and county or a joint powers agency,
pursuant to a mandatory statute or charter provision to collect
private industry wage data for salary setting purposes, or a contract
entered to implement that mandate, is provided this data by the
federal Bureau of Labor Statistics on the basis that the identity of
private industry employers shall remain confidential, the identity of
the employers shall not be open to the public or be admitted as
evidence in any action or special proceeding.
6254.7. (a) All information, analyses, plans, or specifications
that disclose the nature, extent, quantity, or degree of air
contaminants or other pollution which any article, machine,
equipment, or other contrivance will produce, which any air pollution
control district or air quality management district, or any other
state or local agency or district, requires any applicant to provide
before the applicant builds, erects, alters, replaces, operates,
sells, rents, or uses the article, machine, equipment, or other
contrivance, are public records.
(b) All air or other pollution monitoring data, including data
: compiled from stationary sources, are public records.
(c) All records of notices and orders directed to the owner of any
building of violations of housing or building codes, ordinances,
statutes, or regulations which constitute violations of standards
provided in Section 1941.1 of the Civil Code, and records of
subsequent action with respect to those notices and orders, are
public records.
(d) Except as otherwise provided in subdivision (e) and Chapter 3
(commencing with Section 991Se) of Part 65 of the Education Code,
trade secrets are not public records under this section. "Trade
secrets," as used in this section, may include, but are not limited
to, any formula, plan, pattern, process, tool, mechanism, compound,
procedure, production data, or compilation of information which is
not patented, which is known only to certain individuals within a
commercial concern who are using it to fabricate, produce, or
compound an article of trade or a service having commercial value and
which gives its user an opportunity to obtain a business advantage
over competitors who do not know or use it.
(e) Notwithstanding any other provision of law, all air pollution
emission data, including those emission data which constitute trade
secrets as defined in subdivision (d), are public records . Data used
to calculate emission data are not emission data for the purposes of
this subdivision and data which constitute trade secrets and which
are used to calculate emission data are not public records.
(f) Data used to calculate the costs of obtaining emissions
. offsets are not public records. At the time that an air pollution
' control district or air quality management district issues a permit
to construct to an applicant who is required to obtain offsets
pursuant to district rules and regulations, data obtained from the
23
applicant consisting of the year the offset transaction occurred, the
amount of offsets purchased, by pollutant, and the total cost, by
pollutant, of the offsets purchased is a public record. If an
application is denied, the data shall not be a public record .
6254.8. Every employment contract between a state or local agency
and any public official or public employee is a public record which
is not subject to the provisions of Sections 6254 and 6255.
6254. 9. (a) Computer software developed by a state or local agency
is not itself a public record under this chapter. The agency may
sell, lease, or license the software for commercial or noncommercial
use.
(b) As used in this section, "computer software'' includes computer
mapping systems, computer programs, and computer graphics systems .
(c) This section shall not be construed to create an implied
warranty on the part of the State of California or any local agency
for errors , omissions, or other defects in any computer software as
provided pursuant to this section.
(d) Nothing in this section is intended to affect the public
record status of information merely because it is stored in a
computer . Public records stored in a computer shall be disclosed as
required by this chapter.
(e) Nothing in this section is intended to limit any copyright
protections.
6254.10. Nothing in this chapter requires disclosure of records
that relate to archaeological site information and reports maintained
by, or in the possession of, the Department of Parks and Recreation,
the State Historical Resources Commission, the State Lands
Commission, the Native American Heritage Commission, another state
agency, or a local agency, including the records that the agency
obtains through a consultation process between a California Native
American tribe and a state or local agency.
6254. 11. Nothing in this chapter requires the disclosure of records
that relate to volatile organic compounds or chemical substances
information received or compiled by an air pollution control officer
pursuant to Section 42303.2 of the Health and Safety Code.
6254 . 12. Any information reported to the North American Securities
Administrators Association/National Association of Secur ities Dealers'
Cent r al Registration Depository and compiled as disciplinary records
which are made available to the Department of Corporations through a
J computer system, shall constitute a public record . Notwithstanding
any other provision of law, the Department of Corporations may
disclose that information and the current license status and the year
of issuance of the license of a broker-dealer upon written or oral
24
request pursuant to Section 25247 of the Corporations Code.
6254 . 13 . Notwithstanding Section 6254, upon the request of any
Member of the Legislature or upon request of the Governor or his or
her designee, test questions or materials that would be used to
administer an examination and are provided by the State Department of
Education and administered as part of a statewide testing program of
pupils enrolled in the public schools shall be disclosed to the
requester . These questions or materials may not include an individual
examination that has been administered to a pupil and scored. The
requester may not take physical possession of the questions or
materials, but may view the questions or materials at a location
selected by the department. Upon viewing this information, the
requester shall keep the materials that he or she has seen
confidential.
6254. 14. (a) (1) Except as provided in Sections 6254 and 6254.7,
nothing in this chapter shall be construed to require disclosure of
records of the Department of Corrections and Rehabilitation that
relate to health care services contract negotiations, and that reveal
the deliberative processes, discussions, communications, or any
other portion of the negotiations, including, but not limited to,
records related to those negotiations such as meeting minutes,
research, work product, theories, or strategy of the department, or
its staff, or members of the California Medical Assistance
Commission, or its staff, who act in consultation with, or on behalf
of, the department.
(2) Except for the portion of a contract that contains the rates
of payment, contracts for health services entered into by the
Department of Corrections and Rehabilitation or the California
Medical Assistance Commission on or after July 1, 1993, shall be open
to inspection one year after they are fully executed. In the event
that a contract for health services that is entered into prior to
July 1, 1993, is amended on or after July 1, 1993, the amendment,
except for any portion containing rates of payment, shall be open to
inspection one year after it is fully executed.
inspection under this subdivision, the portion of the contract or
amendment containing the rates of payment shall be open to
inspection.
(4) Notwithstanding any other provision of law, including, but not
limited to, Section leGe of the Evidence Code, the entire contract
or amendment shall be open to inspection by the Joint Legislative
Audit Committee, the California State Auditor's Office, and the
Legislative Analyst's Office. The Joint Legislative Audit Committee,
the California State Auditor's Office, and the Legislative Analyst's
Office shall maintain the confidentiality of the contracts and
amendments until the contract or amendment is fully open to
inspection by the public.
(5) It is the intent of the Legislature that confidentiality of
1
health care provider contracts, and of the contracting process as
provided in this subdivision, is intended to protect the competitive
nature of the negotiation process, and shall not affect public access
to other information relating to the delivery of health care
25
services.
(b) The inspection authority and confidentiality requirements
established in subdivisions (q)J (v)J and (y) of Section 6254 for the
Legislative Audit Committee shall also apply to the California State
Auditor's Office and the Legislative Analyst's Office.
6254.15 . Nothing in this chapter shall be construed to require the
disclosure of records that are any of the following : corporate
financial records) corporate proprietary information including trade
secrets, and information relating to siting within the state
furnished to a government agency by a private company for the purpose
of permitting the agency to work with the company in retaining,
locating) or expanding a facility within California. Except as
provided below, incentives offered by state or local government
agencies, if any) shall be disclosed upon communication to the agency
or the public of a decision to stay) locate, relocate, or expand, by
a company, or upon application by that company to a governmental
agency for a general plan amendment) rezone) use permit, building
permit, or any other permit, whichever occurs first.
The agency shall delete) prior to disclosure to the public)
information that is exempt pursuant to this section from any record
describing state or local incentives offered by an agency to a
private business to retain) locate, relocate) or expand the business
within California.
disclosure of the name) credit history, utility usage data, home
address, or telephone number of utility customers of local agencies,
except that disclosure of name, utility usage data, and the home
address of utility customers of local agencies shall be made
available upon request as follows:
(a) To an agent or authorized family member of the person to whom
the information pertains .
(b) To an officer or employee of another governmental agency when
necessary for the performance of its official duties.
(c) Upon court order or the request of a law enforcement agency
relative to an ongoing investigation.
(d) Upon determination by the local agency that the utility
customer who is the subject of the request has used utility services
in a manner inconsistent with applicable local utility usage
policies.
(e) Upon determination by the local agency that the utility
customer who is the subject of the request is an elected or appointed
official with authority to determine the utility usage policies of
the local agency, provided that the home address of an appointed
official shall not be disclosed without his or her consent.
(f) Upon determination by the local agency that the public
interest in disclosure of the information clearly outweighs the
public interest in nondisclosure.
6254.17. (a) Nothing in this chapter shall be construed to require
26
disclosure of records of the California Victim Compensation and
Government Claims Board that relate to a request for assistance under
Article 1 (commencing with Section 13950) of Chapter 5 of Part 4 of
Division 3 of Title 2.
(b) This section shall not apply to a disclosure of the following
information, if no information is disclosed that connects the
information to a specific victim, derivative victim, or applicant
under Article 1 (commencing with Section 13950) of Chapter 5 of Part
4 of Division 3 of Title 2:
(1) The amount of money paid to a specific provider of services.
(2) Summary data concerning the types of crimes for which
assistance is provided.
6254.18. (a) Nothing in this chapter shall be construed to require
disclosure of any personal information received, collected, or
compiled by a public agency regarding the employees, volunteers,
board members, owners, partners , officers, or contractors of a
reproductive health services facility who have notified the public
agency pursuant to subdivision (d) if the personal information is
contained in a document that relates to the facility.
(b) For purposes of this section, the following terms have the
following meanings:
(1) "Contractor" means an individual or entity that contracts with
a reproductive health services facility for services related to
patient care .
(2) "Personal information" means the following information related
,to an individual that is maintained by a public agency : social
security number, physical description, home address, home telephone
number, statements of personal worth or personal financial data filed
pursuant to subdivision (n) of Section 6254, personal medical
history, employment history, electronic mail address , and information
that reveals any electronic network location or identity.
(3) "Public agency" means all of the following:
(A) The State Department of Health Care Services.
(B) The Department of Consumer Affairs .
(C) The Department of Managed Health Care.
(D) The State Department of Public Health.
(4) "Reproductive health services facility" means the office of a
licensed physician and surgeon whose specialty is family practice,
obstetrics, or gynecology, or a licensed clinic, where at least se
percent of the patients of the physician or the clinic are provided
with family planning or abortion services.
(c) Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
j urisdiction to obtain access to employment history information
pursuant to Sections 6258 and 6259 . If the court finds, based on the
facts of a particular case, that the public interest served by
disclosure of employment history information clearly outweighs the
public interest served by not disclosing the information, the court
shall order the officer or person charged with withholding the
information to disclose employment history information or show cause
1
why he or she should not do so pursuant to Section 6259.
(d) In order for this section to apply to an individual who is an
employee, volunteer, board member, officer, or contractor of a
reproductive health services facility, the individual shall notify
27
the public agency to which his or her personal information is being
submitted or has been submitted that he or she falls within the
application of this section. The reproductive health services
facility shall retain a copy of all notifications submitted pursuant
to this section . This notification shall be valid if it complies with
all of the following :
(1) Is on the official letterhead of the facility.
(2) Is clearly separate from any other language present on the
same page and is executed by a signature that serves no other purpose
than to execute the notification.
(3) Is signed and dated by both of the following:
(A) The individual whose information is being submitted.
(B) The executive officer or his or her designee of the
reproductive health services facility.
(e) The privacy protections for personal information authorized
pursuant to this section shall be effective from the time of
notification pursuant to subdivision (d) until either one of the
following occurs:
(1) Six months after the date of separation from a reproductive
health services facility for an individual who has served for not
more than one year as an employee, contractor, volunteer, board
member, or officer of the reproductive health services facility.
(2) One year after the date of separation from a reproductive
health services facility for an individual who has served for more
than one year as an employee, contractor, volunteer, board member, or
officer of the reproductive health services facility.
(f) Within 90 days of separation of an employee, contractor,
volunteer, board member, or officer of the reproductive health
services facility who has provided notice to a public agency pursuant
to subdivision (c), the facility shall provide notice of the
separation to the relevant agency or agencies.
(g) Nothing in this section shall prevent the disclosure by a
government agency of data regarding age, race, ethnicity, national
origin, or gender of individuals whose personal information is
protected pursuant to this section, so long as the data contains no
individually identifiable information.
disclosure of an information security record of a public agency, if,
on the facts of the particular case, disclosure of that record would
reveal vulnerabilities to, or otherwise increase the potential for an
attack on, an information technology system of a public agency.
Nothing in this section shall be construed to limit public disclosure
of records stored within an information technology system of a
public agency that are not otherwise exempt from disclosure pursuant
to this chapter or any other provision of law.
disclosure of records that relate to electronically collected
1
personal information, as defined by Section 11015 . 5, received,
collected, or compiled by a state agency.
28
6254.21. (a) No state or local agency shall post the home address
or telephone number of any elected or appointed official on the
Internet without first obtaining the written permission of that
individual.
(b) No person shall knowingly post the home address or telephone
number of any elected or appointed official, or of the official's
residing spouse or child, on the Internet knowing that person is an
elected or appointed official and intending to cause imminent great
bodily harm that is likely to occur or threatening to cause imminent
great bodily harm to that individual. A violation of this subdivision
is a misdemeanor. A violation of this subdivision that leads to the
bodily injury of the official, or his or her residing spouse or
child, is a misdemeanor or a felony.
(c) (1) (A) No person, business, or association shall publicly
post or publicly display on the Internet the home address or
telephone number of any elected or appointed official if that
official has made a written demand of that person, business, or
association to not disclose his or her home address or telephone
number.
(B) A written demand made under this paragraph by a state
constitutional officer, a mayor, or a Member of the Legislature, a
city council, or a board of supervisors shall include a statement
describing a threat or fear for the safety of that official or of any
person residing at the official's home address .
(C) A written demand made under this paragraph by an elected
official shall be effective for four years, regardless of whether or
not the official's term has expired prior to the end of the four-year
period.
1
(D) (i) A person, business, or association that receives the
written demand of an elected or appointed official pursuant to this
paragraph shall remove the official's home address or telephone
number from public display on the Internet, including information
provided to cellular telephone applications, within 48 hours of
delivery of the written demand, and shall continue to ensure that
this information is not reposted on the same Internet Web site,
subsidiary site, or any other Internet Web site maintained by the
recipient of the written demand.
(ii) After receiving the elected or appointed official's written
demand, the person, business, or association shall not transfer the
appointed or elected official's home address or telephone number to
any other person, business, or association through any other medium.
(iii) Clause (ii) shall not be deemed to prohibit a telephone
corporation, as defined in Section 234 of the Public Utilities Code,
or its affiliate, from transferring the elected or appointed official'
s home address or telephone number to any person, business, or
association, if the transfer is authorized by federal or state law,
regulation, order, or tariff, or necessary in the event of an
emergency, or to collect a debt owed by the elected or appointed
official to the telephone corporation or its affiliate.
(E) For purposes of this paragraph, ''publicly post" or "publicly
display" means to intentionally communicate or otherwise make
available to the general public.
(2) An official whose home address or telephone number is made
ipublic as a result of a violation of paragraph (1) may bring an
action seeking injunctive or declarative relief in any court of
competent jurisdiction. If a court finds that a violation has
occurred, it may grant injunctive or declarative relief and shall
29
award the official court costs and reasonable attorney's fees. A fine
not exceeding one thousand dollars ($1,000) may be imposed for a
violation of the court's order for an injunction or declarative
relief obtained pursuant to this paragraph.
(3) An elected or appointed official may designate in writing the
official's employer, a related governmental entity) or any voluntary
professional association of similar officials to act, on behalf of
that official, as that official's agent with regard to making a
written demand pursuant to this section. A written demand made by an
agent pursuant to this paragraph shall include a statement describing
a threat or fear for the safety of that official or of any person
residing at the official's home address.
(d) (1) No person, business, or association shall solicit, sell,
or trade on the Internet the home address or telephone number of an
elected or appointed official with the intent to cause imminent great
bodily harm to the official or to any person residing at the
official's home address.
(2) Notwithstanding any other law, an official whose home address
or telephone number is solicited, sold, or traded in violation of
paragraph (1) may bring an action in any court of competent
jurisdiction. If a jury or court finds that a violation has occurred,
it shall award damages to that official in an amount up to a maximum
of three times the actual damages but in no case less than four
thousand dollars ($4,000).
(e) An interactive computer service or access software provider)
as defined in Section 230(f) of Title 47 of the United States Code,
shall not be liable under this section unless the service or provider
intends to abet or cause imminent great bodily harm that is likely
to occur or threatens to cause imminent great bodily harm to an
elected or appointed official.
(f) For purposes of this section) "elected or appointed official"
includes, but is not limited to, all of the following :
(1) State constitutional officers.
(2) Members of the Legislature.
(3) Judges and court commissioners.
(4) District attorneys.
(5) Public defenders .
(6) Members of a city council.
(7) Members of a board of supervisors.
(8) Appointees of the Governor.
(9) Appointees of the Legislature.
(10) Mayors .
(11) City attorneys.
(12) Police chiefs and sheriffs.
(13) A public safety official, as defined in Section 6254.24.
(14) State administrative law judges .
(15) Federal judges and federal defenders.
(16) Members of the United States Congress and appointees of the
President.
(g) Nothing in this section is intended to preclude punishment
instead under Sections 69, 76, or 422 of the Penal CodeJ or any other
provision of law.
6254.22. Nothing in this chapter or any other prov1s1on of law
shall require the disclosure of records of a health plan that is
30
licensed pursuant to the Knox-Keene Health Care Service Plan Act of
1975 (Chapter 2. 2 (commencing with Section 1340) of Division 2 of the
Health and Safety Code) and that is governed by a county board of
.supervisors, whether paper records, records maintained in the
management information system, or records in any other form, that
relate to provider rate or payment determinations, allocation or
distribution methodologies for provider payments, formulae or
calculations for these payments, and contract negotiations with
providers of health care for alternative rates for a period of three
years after the contract is fully executed. The transmission of the
records, or the information contained therein in an alternative form,
to the board of supervisors shall not constitute a waiver of
exemption from disclosure, and the records and information once
transmitted to the board of supervisors shall be subject to this same
exemption . The provisions of this section shall not prevent access
to any records by the Joint Legislative Audit Committee in the
exercise of its powers pursuant to Article 1 (commencing with Section
10500) of Chapter 4 of Part 2 of Division 2 of Title 2. The
provisions of this section also shall not prevent access to any
records by the Department of Corporations in the exercise of its
powers pursuant to Article 1 (commencing with Section 1340) of
Chapter 2.2 of Division 2 of the Health and Safety Code.
shall require the disclosure of a risk assessment or railroad
infrastructure protection program filed with the Public Utilities
Commission, the Director of Homeland Security, and the California
Emergency Management Agency pursuant to Article 7. 3 (commencing with
Section 7665) of Chapter 1 of Division 4 of the Public Utilities
Code.
6254.24. As used in this chapter, ''public safety official" means
the following parties, whether active or retired:
(a) A peace officer as defined in Sections 830 to 830.65,
inclusive, of the Penal Code, or a person who is not a peace officer,
but may exercise the powers of arrest during the course and within
the scope of their employment pursuant to Section 830. 7 of the Penal
Code.
(b) A public officer or other person listed in Sections 1808.2 and
1808.6 of the Vehicle Code .
(c) An "elected or appointed official'' as defined in subdivision
(f) of Section 6254. 21.
(d) An attorney employed by the Department of Justice, the State
Public Defender, or a county office of the district attorney or
public defender , the United States Attorney, or the Federal Public
Defender .
(e) A city attorney and an attorney who represent cities in
criminal matters .
(f) An employee of the Department of Corrections and
Rehabilitation who supervises inmates or is required to have a
Jprisoner in his or her care or custody.
(g) A sworn or nonsworn employee who supervises inmates in a city
police department, a county sheriff ' s office, the Department of the
California Highway Patrol, federal, state, or a local detention
31
facility, and a local juvenile hall, camp, ranch, or home, and a
probation officer as defined in Section 830.5 of the Penal Code.
(h) A federal prosecutor, a federal criminal investigator, and a
Park Service Ranger working in California .
(i) The surviving spouse or child of a peace officer defined in
Section 830 of the Penal Code, if the peace officer died in the line
of duty .
(j) State and federal judges and court commissioners.
(k) An employee of the Attorney General, a district attorney, or a
public defender who submits verification from the Attorney General,
district attorney, or public defender that the employee represents
the Attorney General) district attorney, or public defender in
matters that routinely place that employee in personal contact with
persons under investigation for, charged with, or convicted of,
committing criminal acts.
(1) A nonsworn employee of the Department of Justice or a police
department or sheriff's office that, in the course of his or her
employment, is responsible for collecting, documenting, and
preserving physical evidence at crime scenes, testifying in court as
an expert witness, and other technical duties, and a nonsworn
employee that, in the course of his or her employment, performs a
variety of standardized and advanced laboratory procedures in the
examination of physical crime evidence, determines their results, and
provides expert testimony in court.
shall require the disclosure of a memorandum submitted to a state
body or to the legislative body of a local agency by its legal
counsel pursuant to subdivision (q) of Section 11126 or Section
54956.9 until the pending litigation has been finally adjudicated or
otherwise settled. The memorandum shall be protected by the attorney
work-product privilege until the pending litigation has been finally
adjudicated or otherwise settled.
6254.26. (a) Notwithstanding any prov1s1on of this chapter or other
law) the following records regarding alternative investments in
which public investment funds invest shall not be subject to
disclosure pursuant to this chapter, unless the information has
already been publicly released by the keeper of the information:
(1) Due diligence materials that are proprietary to the public
investment fund or the alternative investment vehicle.
(2) Quarterly and annual financial statements of alternative
investment vehicles.
(3) Meeting materials of alternative investment vehicles.
(4) Records containing information regarding the portfolio
positions in which alternative investment funds invest.
(5) Capital call and distribution notices.
(6) Alternative investment agreements and all related documents.
(b) Notwithstanding subdivision (a), the following information
in records described in subdivision (a) regarding
alternative investments in which public investment funds invest shall
be subject to disclosure pursuant to this chapter and shall not be
considered a trade secret exempt from disclosure:
32
(1) The name, address, and vintage year of each alternative
investment vehicle.
(2) The dollar amount of the commitment made to each alternative
~ n v s t m n t vehicle by the public investment fund since inception.
(3) The dollar amount of cash contributions made by the public
investment fund to each alternative investment vehicle since
inception.
(4) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund from each
alternative investment vehicle.
(5) The dollar amount, on a fiscal yearend basis, of cash
distributions received by the public investment fund plus remaining
value of partnership assets attributable to the public investment
fund's investment in each alternative investment vehicle .
(6) The net internal rate of return of each alternative investment
vehicle since inception.
(7) The investment multiple of each alternative investment vehicle
since inception .
(8) The dollar amount of the total management fees and costs paid
on an annual fiscal yearend basis, by the public investment fund to
each alternative investment vehicle.
(9) The dollar amount of cash profit received by public investment
funds from each alternative investment vehicle on a fiscal year-end
basis.
(c) For purposes of this section, the following definitions shall
apply:
(1) "Alternative investment" means an investment in a private
equity fund, venture fund, hedge fund, or absolute return fund.
(2) "Alternative investment vehicle" means the limited
partnership, limited liability company, or similar legal structure
through which the public investment fund invests in portfolio
companies.
(3) "Portfolio positions" means individual portfolio investments
made by the alternative investment vehicles.
(4) "Public investment fund" means any public pension or
retirement system, and any public endowment or foundation .
6254.27. Nothing in this chapter shall be construed to require the
disclosure by a county recorder of any "official record" if a "public
record" version of that record is available pursuant to Article 3.5
of Title 3.
6254.28. Nothing in this chapter shall be construed to require the
disclosure by a filing office of any "official record" if a "public
record" vers i on of that record is available pursuant to Section
9526. 5 of the Commercial Code.
6254.29. (a) It is the intent of the Legislature that, in order to
protect against the risk of identity theft, local agencies shall
redact social security numbers from records before disclosing them to
the public pursuant to this chapter.
(b) Nothing in this chapter shall be construed to require a local
33
agency to disclose a social security number.
(c) This section shall not apply to records maintained by a county
recorder.
6255. (a) The agency shall justify withholding any record by
demonstrating that the record in question is exempt under express
provisions of this chapter or 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.
(b) A response to a written request for inspection or copies of
public records that includes a determination that the request is
deniedj in whole or in partj shall be in writing.
6257.5. This chapter does not allow limit ations on access to a
public record based upon the purpose for which the record is being
requestedj if the record is otherwise subject to disclosure.
6258. Any person may institute proceedings for injunctive or
declarative relief or writ of mandate in any court of competent
jurisdiction to enforce his or her right to inspect or to receive a
copy of any public record or class of public records under this
chapter. The times for responsive pleadings and for hearings in these
proceedings shall be set by the judge of the court with the object
of securing a decision as to these matters at the earliest possible
time.
6259. (a) Whenever it is made to appear by verified petition to the
superior court of the county where the records or some part thereof
are situated that certain public records are being improperly
withheld from a member of the public, the court shall order the
officer or person charged with withholding the records to disclose
the public record or show cause why he or she should not do so. The
court shall decide the case after examining the record in camera, if
permitted by subdivision (b) of Section 915 of the Evidence Code,
papers filed by the parties and any oral argument and additional
evidence as the court may allow.
(b) If the court finds that the public official's decision to
refuse disclosure is not justified under Section 6254 or 6255, he or
she shall order the public official to make the record public. If the
judge determines that the public official was justified in refusing
to make the record publicJ he or she shall return the item to the
public official without disclosing its content with an order
supporting the decision refusing disclosure.
(c) In an action filed on or after January 1, 1991J an order of
the court, either directing disclosure by a public official or
supporting the decision of the public official refusing disclosure,
is not a final judgment or order within the meaning of Section 9e4.1
of the Code of Civil Procedure from which an appeal may be takenJ but
shall be immediately reviewable by petition to the appellate court
for the issuance of an extraordinary writ. Upon entry of any order
34
pursuant to this section, a party shall, in order to obtain review of
the order, file a petition within 2e days after service upon him or
her of a written notice of entry of the order, or within such further
t ime not exceeding an additional 2e days as the trial court may for
good cause allow. If the notice is served by mail, the period within
which to file the petition shall be increased by five days. A stay of
an order or judgment shall not be granted unless the petitioning
party demonstrates it will otherwise sustain irreparable damage and
probable success on the merits . Any person who fails to obey the
order of the court shall be cited to show cause why he or she is not
in contempt of court.
(d) The court shall award court costs and reasonable attorney fees
to the plaintiff should the plaintiff prevail in litigation filed
pursuant to this section . The costs and fees shall be paid by the
public agency of which the public official is a member or employee
and shall not become a personal liability of the public official. If
the court finds that the plaintiff's case is clearly frivolous, it
shall award court costs and reasonable attorney fees to the public
agency.
626e. The prov1s1ons of this chapter shall not be deemed in any
manner to affect the status of judicial records as it existed
immediately prior to the effective date of this section, nor to
affect the rights of litigants, including parties to administrative
proceedings, under the laws of discovery of this state, nor to limit
or impair any rights of discovery in a criminal case.
6261. Notwithstanding Section 6252, an itemized statement of the
total expenditures and disbursement of any agency provided for in
Article VI of the California Constitution shall be open for
inspection.
6262. The exemption of records of complaints to, or investigations
conducted by, any state or local agency for licensing purposes under
subdivision (f) of Section 6254 shall not apply when a request for
inspection of such records is made by a district attorney.
6263. A state or local agency shall allow an inspection or copying
of any public record or class of public records not exempted by this
chapter when requested by a district attorney.
6264 . The district attorney may petition a court of competent
jurisdiction to require a state or local agency to allow him to
inspect or receive a copy of any public record or class of public
,records not exempted by this chapter when the agency fails or refuses
to allow inspection or copying within 1e working days of a request.
The court may require a public agency to permit inspection or copying
by the district attorney unless the public interest or good cause in
35
withholding such records clearly outweighs the public interest in
disclosure.
6265 . Disclosure of records to a district attorney under the
provisions of this chapter shall effect no change in the status of
the records under any other provision of law.
6267. All patron use records of any library which is in whole or in
part supported by public funds shall remain confidential and shall
not be disclosed by a public agency, or private actor that maintains
or stores patron use records on behalf of a public agency, to any
person, local agency, or state agency except as follows:
(a) By a person acting within the scope of his or her duties
within the administration of the library.
(b) By a person authorized, in writing, by the individual to whom
the records pertain, to inspect the records.
(c) By order of the appropriate superior court.
As used in this section, the term ~ p t r o n use records'' includes
the following:
(1) Any written or electronic record, that is used to identify the
patron, including, but not limited to, a patron's name, address,
telephone number, or e-mail address, that a library patron provides
in order to become eligible to borrow or use books and other
materials .
(2) Any written record or electronic transaction that identifies a
patron's borrowing information or use of library information
resources, including, but not limited to, database search records,
borrowing records, class records, and any other personally
identifiable uses of library resources information requests, or
inquiries.
This section shall not apply to statistical reports of patron use
nor to records of fines collected by the library.
6268. Public records, as defined in Section 6252, in the custody or
control of the Governor when he or she leaves office, either
voluntarily or involuntarily, shall, as soon as is practical, be
transferred to the State Archives. Notwithstanding any other
provision of law, the Governor, by written instrument, the terms of
which shall be made public, may restrict public access to any of the
transferred public records, or any other writings he or she may
transfer, which have not already been made accessible to the public.
With respect to public records, public access, as otherwise provided
for by this chapter, shall not be restricted for a period greater
than se years or the death of the Governor, whichever is later, nor
shall there be any restriction whatsoever with respect to enrolled
bill files, press releases, speech files, or writings relating to
applications for clemency or extradition in cases which have been
closed for a period of at least 25 years. Subject to any restrictions
permitted by this section, the Secretary of State, as custodian of
the State Archives, shall make all such public records and other
writings available to the public as otherwise provided for in this
chapter.
36
Except as to enrolled bill files, press releases, speech files, or
writings relating to applications for clemency or extradition, this
section shall not apply to public records or other writings in the
?irect custody or control of any Governor who held office between
1974 and 1988 at the time of leaving office, except to the extent
that that Governor may voluntarily transfer those records or other
writings to the State Archives .
Notwithstanding any other provision of law, the public records and
other writings of any Governor who held office between 1974 and 1988
may be transferred to any educational or research institution in
California provided that with respect to public records, public
access, as otherwise provided for by this chapter, shall not be
restricted for a period greater than se years or the death of the
Governor, whichever is later. No records or writings may be
transferred pursuant to this paragraph unless the institution
receiving them agrees to maintain, and does maintain, the materials
according to commonly accepted archival standards. No public records
transferred shall be destroyed by that institution without first
receiving the written approval of the Secretary of State, as
custodian of the State Archives, who may require that the records be
placed in the State Archives rather than being destroyed. An
institution receiving those records or writings shall allow the
Secretary of State, as custodian of the State Archives, to copy, at
state expense, and to make available to the public, any and all
public records, and inventories, indices, or finding aids relating to
those records, which the institution makes available to the public
generally. Copies of those records in the custody of the State
Archives shall be given the same legal effect as is given to the
originals.
627e. (a) Notwithstanding any other prov1s1on of law, no state or
local agency shall sell, exchange, furnish, or otherwise provide a
public record subject to disclosure pursuant to this chapter to a
private entity in a manner that prevents a state or local agency from
providing the record directly pursuant to this chapter. Nothing in
this section requires a state or local agency to use the State
Printer to print public records. Nothing in this section prevents the
destruction of records pursuant to law.
(b) This section shall not apply to contracts entered into prior
to January 1, 1996, between the County of Santa Clara and a private
entity for the provision of public records subject to disclosure
under this chapter .
37

Request No. 2014-63

Information Requested: Remodeling Interior of SFD, address is Forest Ave, 2 NW
of 7th St. Could you please tell me who the contractor and architect are for this
project, including the company name and contact person?

June4, 2014
POST OFFICE BOX CC
(831 ) 620-2000
VIA ELECTRONIC MAIL to: steve@constructioninsider.net
Steve Kenny
Dear Mr. Kenny:
City has redacted certain responsive records pursuant to the CPRA exemptions, such
redactions are listed on the accompanying redaction log. Please be advised that the
apparent delay in the City' s response was due to the City' s e-mail software inadvertently
sending your Records Request to the ')unk mail" folder. The City apologizes for any
inconvenience.
Please be advised that every effort has been made to search for all of the public
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 public
record 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.
Very truly yours,
Jason Stilwell
c:?;N
City Administrator
eLr.. 8 =3 Lt>T 7
The parcel number is: 010-041-007-ee0
Could you please tell me who the contractor and architect are for this project, including the
company name and contact person?
Please reference the job site address with your reply .
)1LA/J 8u b IUWttf
j\1!) Cm/r ycf
Thank you very much!
Steven M Kenny
Construction Insider
831 - 331-6327
Public Records Act
GOVERNMENT CODE
SECTION 6250-6270
A--141 . r uiUS /)a I fn
J a f/1At5 r UltW
o3 1- 3- 9Z?J2-
6250. In enacting this chapter) the Legislature) mindful of the
right of individuals to privacy, finds and declares that access to
information concerning the conduct of the people's business is a
fundamental and necessary right of every person in this state.
6251. This chapter shall be known and may be cited as the
California Public Records Act.
6252 . As used in this chapter:
(a) "Local agency" includes a county; city, whether general law or
chartered; city and county; school district; municipal corporation;
district; political subdivision; or any board, commission or agency
other local public agency; or entities that are legislative
Jbdies of a local agency pursuant to subdivisions (c) and (d) of
Section 54952.
(b) "Member of the public" means any person, except a member,
2
City of Carfnel-by-the-Sea
Department of Community Planning & Building;
Public Works/Forestry & Beach
P.O. Drawer G
Carmel, CA 93921
(831) 620-2010 OFFICE/(831) 620-2014 FAX
Residential Construction Permit Application
City Use Only This Section
\S<f>
Permit# __ _
. '
Date Rec'd.: C, I Fee:$ 3 52. l"\ Receipt#: Slif:.t I\
'1?-r:::_

Existing Permit#:-------- -
APPLICANT SECTION
Complete items 1-8 in this section and provide additional information and/or plans as required to describe the
Location: fbRe21 RoAD Q. TARCE-LS N-. W l ot ] TH AVe
Street the project is on
Block:____:B_3 __ Lot(s): 7
Parcel#: OID-()4(- Ob7
2.
Mailing Box 2 2
City: ?Afb t::::L State: C A Zip: 9 3'f'ZJ
Telephone#(B31) FAX:( ) ___
3. Contractor/ Agent((Onta; 1 u LL\ s '1/.e s l Ci t-J J .A--MES TuLL ( S
(Circle One)
Mailing Address: \'lo<P
1
MI40Et @P.O.
<9 \ZS State: C. It Zip: 9
State License #:, ______ __J Type: __ _
,. Applicant Acknowledgement,;
I understand and agree to comply with all pertinent conditions, standa.rds and requirements as specified by the
Carmel Municipal Code, State, County and Federal regulations pertaining to this permit application. I agree to
' properly maintain thesubject work at no expense to the City and to indemnify the Cityfrom any liability arising
from the permit issued. Acceptance by the Ck:y of the work described hereon is not a waiver of my obligations
)as stated herein.
Revised 12/04
DATE AUTHOR
1. 6/2/14 James E. Tullis
TO TYPE REASON FOR REDACTION OR \\'1THHOLDING
Redactions of "personal identifiers", including but not limited to
Personal Phone Numbers pursuant to: The California Constitution
City of
Residential
(Article I, Section 1 ), See International Federation of Professional &
Carmel-
Construction
Technical Engineers, Loca/21, AFL-CIO v. Superior Court (2007) 42
By-The-
Permit Application
Cal. 4th 319; See alsoACLUv. Deukmejian (1982) 32 Cal.3d 440;
Sea Evidence code section 1040 via Government Code Section 6254(1<);
and/or Government Code 6255, see Times Mirror Co. v. Superior Court
(1991) 53 Cal.3d 1325.

Request No. 2014-64

Information Requested: Any writing which pertain to the hearing which is
referenced in exhibit A relates to a use permit amendment for live music and for a
separate use permit

City of Carmel
P.O. Box CC
Carmel, California 93921
Re: Public Records request
Dear City clerk:
Susan M. Goldbeck
Attorney at law
542 lighthouse Ave., Suite 17
PO Box 54112
Pacific Grove, California 93950
susangoldbeck1@att.net
831-3 72-2615
May 28,2014
RECEIVED
MAY 2 9 1 ~
ClTYOf
CARMEL BY-THE-SEA
Under the Public Records Act please provide me the following: any and all writings which
pertain to the hearing which is referenced in exhibit A which relates to a use permit
amendment for live music and for a separate use perm(t application for the wine room I
believe, and any follow up hearings to which the document refers. In any event regardless of
the document, please provide me all documents related to the use permit for wine room use
and the separate use permit for live music at Demetra. I cannot provide with certainty the
dates of the hearings or the follow up hearings because there is none given on the document.
need the agenda report and attachments for any hearing on these two issues, the minutes of
those meetings and any recordings which were made of the hearings and of course the signed
findings. These documents I believe are for hearings that took place July 13, 2011, August lOth,
2011 and November 14, 2012 and February 2013 hearings.
I also want any electronic records including emails pertaining to the issue raised at this
hearing related to music at Demetra cafe. This includes emails or correspondence between
Andrew Swartz and City representatives or any representative of the Lincoln Trust including
Paul Laub, between the City and Constance Dudley Laub and between Bashar AI Sneeh and
with the and any owner of the premises including Duncan Helsh.
This request also includes any notice given to any interested party that these hearings
were to take place. My client says that she was not noticed for hearings after the one
represented in exhibit A but if she was please produce these records. I also request any
correspondence including email related to the subject of these hearings. To give you some
frame of reference it appears that exhibit A refers to a meeting some time in 2012.
Finally, I offer with all due respect a piece of unsolicited advice: all hearing documents
should be dated on every page so that we can know what is going on. And every page of an
agenda item should be date- referenced as to the meeting date and what item it refers to.
This way if materials get out of order they can be reconstructed. The file materials I
reviewed in your office last month were really out of order and since nothing was dated it was
really hard if not impossible to tell just what happened. I am sure you have experienced the
same problem.
I would appreciate it if you would give each member of the Planning Commission and the City
Manager a copy of this suggestion and hopefully they will si mply change the policy on thi s
document issue. 'Seems like a simple fi x to me. Thanks for your consideration.
Very urs, Ll. "'/!j.

Susan oldbeck
June 6, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: susangoldbeckl@att.net
Susan Goldbeck
Attorney at Law
Dear Ms. Goldbeck:
After review of your Records Request, the City has dete1mined that due to the need
City expects to provide its determination no later than June 20, 2014. The City thanks you
Very truly yours,
Jason Stilwell
~
City Administrator

t
I
June 20, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA EMAIL TO: susangoldbeckl@att.net
Susan M. Goldbeck
Attomey at Law
542 Lighthouse Ave. Suite 17
Pacific Grove, CA 93950
Dear Ms. Goldbeck :
The City of Cannel-by-the-Sea ("City") received your written California Public
authority as City Clerk.
electronic copy of those 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.
Very truly yours,
Catherine A. Raynor
City Clerk
DATE AUTHOR
Constance Anne
1.
1/31/13
Dudley
2.
10/24/12 Sean Conroy
3. 10119/12 Sean Conroy
TO TYPE REASON FOR REDACTION OR WITHHOLDING
Redactions of Personal Phone Numbers and Personal E-mail Accounts
pursuant to: The California Constitution (Article I, Section 1), See
Marc
International Federation of Professional & Technical Engineers, Local
Wiener
E-mail 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th 319; See also ACLU
v. Deukmejian (1982) 32 Cal.3d 440; Evidence code section 1040 via
Government Code Section 6254(k); and/or Goverrunent Code 6255, see
Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.
Redactions of Personal E-mail Accounts pursuant to: The California
Constitution (Article I, Section 1), See International Federation of
Leslie
Professional & Technical Engineers, Local21, AFL-CIO v. Superior
E-mail Court (2007) 42 Cal. 4th 319; See also ACLU v. Deukmejian (1982) 32
Fenton
Cal. 3d 440; Evidence code section 1040 via Government Code Section
6254(k); and/or Government Code 6255, see Times Mirror Co. v.
Superior Court (1991) 53 Cal.3d 1325.
Redactions of Personal E-mail Accounts pursuant to: The California
Constitution (Article I, Section 1), See International Federation of
Marc
Professional & Technical Engineers, Local21, AFL-CIO v. Superior
Wiener
E-mail Court (2007) 42 Cal. 4th 319; See also ACLU v. Deukmejian (1982) 32
Cal.3d 440; Evidence code section 1040 via Government Code Section
6254(k); and/or Government Code 6255, see Times Mirror Co. v.
Superior Court (1991) 53 Cal.3d 1325.
I I'll ,,
t \Uh . i\t "-'- lnMih't
( I l'li u)u
u; ....... ,, ,,,,,,.,11
Huv. IJt. " i
'' " ot,.,J 111 lf'oc I o. :mral t
"'' ' 1\..
\ t,u..: Jt:lM . \ <>t. I'),IJII<t'l t!tl' 1Cf">l1 ( h .. t f f' to!
p Uh' h .. !'('Jilll,.t l l 4 u, r tn t a.nJ ...,,,Jm I c..' \ ' ht t) f t"- tt
( Uu.trc f-.cmg
tin l' ohhL h'- 4'dl c- tlh '*' '' l

p ut
\llcr turth, t h:"l Rclm<. '" II. ur.-'-' ''' :s<.; tn r t O
< ' ''"'1!11:<' ll<ll)k) tJt, Cunum' ' "' " J'h<n.r><m,g tothc1
Jpp<!uratt.:<:,, lht' J>Uhlt. ftr. oTtn!( \\11.< oil -l 1 'I :' m
c .. mmt ... IJ.\ I t A-: m.,,.,,! to coaJjnae project In thtt Frbruan 2UL' Reaub!r
:\Jt-.:ttng and b"" applieyn! .... rk "I"' "aft OJ! w.uc vr ... ater crtclib ! ftd L iu 'lu .. c
b) I !:I' A(jl an,! !!!!!:!! hy tin: t>ll" rull c.s!l \ ul c

'\US!'- I
\HSI -\1:-.
JlaJoa, .._.,,.litu<. I.LI' "'\'' Rd mcr:
,,,,k:
' one

CITY OF CARMEL-BY -THE-SEA
PLANNING COMMISSION
AGENDA CHECK!LlST
MEETING DATE: 13 July 2011
FIRST HEARING: X
ITEM NO: UP 11-9
SUBJECT:
BLOCK: 75 LOTS.:_!
OWN!E_R.: Constance ,Dudley
APPLICA,tiT: Constance Dudley
S'FREAMLINING DEADLINE: N/A
Consideration of a pteliminacy review of a Use Permit appHcation for. a retai'l wine ste:re
with wine tasti!lg as an ancillazy use in an e:x:isting commercial space lo,eated in the
Servace Commercial (CC) Distriet.
ENVIRONMENTAL REVIEW:
Exempt (Class 5- Minor Alterations in Land Use)
LOCATION: ZONING:
SE Cor. Ocean & Lincoln cc
ISSUES:
1. D@es the application comply wqtn the Muni.ci'pal C0cle and General Plan{
OPTIONS:
1. AP.P.ro:ve the applieali<m as
2. Approve the applieatien with special conditions.
3. Continue the application with a request for additional 'nfonnatien.
4. Deny the application.
RECDMMEND:ATI0N:
Option #3 (C@ntinue the application.)
ATTACHMENTS:
1. StaffReport dated 13 July 2011.
2. Application materials.
STAFF CONTACT: Sean Conroy, PJanning & Building Serv:ices Manager
CITY OF BY-
COMMUNITY PLANNING AND BUILDING
STAFF REPORT
APPLICATION: UP 11-9 APPLICANT: Constance Dudley
BLOCK: - 75 LOT: 8
LOCATION: SECor. Ocean & Lincoln
REQUEST:
Consideration of a preliminary review of a Use Pennit application for a retail wine store
with wine tasting as an ancillary use in an existing conunercial space located in the
Service Commercial (CC) District.
BACKGROUND/PROJECT DESCRIPTION:
The applicant owns the building located on the southeast comer of Ocean A venue and
Lincoln Street, occupied by a restaurant and an art and jewelry store, and the adjacent
building to the south on Lincoln Street, occupied by a real estate office and a bar. A Use
Permit application was filed on 3 June 2011 for a retail wine shop with wine tasting as an
ancillary use to replace the existing real estate office on Lincoln Street. The applicant is
proposing to offer for sale a variety of wines and wine related merchandise and a small
amount chocolate. The applicant is also proposing to offer some finger foods to accompany
the wine tasting.
However, after the noticing had been published, the applicant indicated that she would prefer
to occupy the space on the comer of Ocean Avenue and Lincoln Street. Since the noticing
had already been published, this item will need to be re-noticed before final action can be
taken. The purpose of this hearing is to review the proposal for the wine shop on Ocean
A venue and provide guidance to the applicant and staff.
EVALUATION:
Use Permit: CMC 17.14.040.B requires a Use Permit for an ancillary use of 10% or
more of the floor area. The Commission's decision to allow ancillary uses should include
a detennination that the proposed uses are compatible with the primary use, that the space
will not exhibit a character of multiple, unrelated activities, and that the use will
contribute to the character and diversity of the commercial district.
Wine Tasting Policy: The Planning Commission adopted a wine tasting policy on 23 June
2011 . The policy encourages wine tasting to be associated with off-site tasting rooms for
bonded Monterey County wineries. This application is not associated with a bonded
Monterey County winery, but rather intends to offer a variety of wine labels for purchase and
for tastings. The Commission should determine if the proposed concept of offering wines
from several wine labels is appropriate. Staff recommends that the applicant provide a full
list of wineries or wine labels that will be represented prior to the any final decision.
UP I 1-9 (Dudley)
13 July 2011
Staff Report
Page2
The wine tasting policy strongly discourages spaces to take on the appearance of a wine bar.
The applicant has pointed out that the Ocean A venue location is located directly next door to
a restaurant, also owned by the applicant. There are existing interior doors that connect the
two spaces. If the Commission is supportive of this location, the fmal conditions of approval
should clearly state that the wine shop is not to be an extension of the restaurant. There
should be no interior connection between this space and the restaurant, no serving of meals
and the space should not take on the appearance of a bar/waiting area for the restaurant.
Staff also recommends that the tasting and serving area be i m i t ~ to no more than 1 0 to 20%
of the floor area of the space and that only wine be offered for sale and tasting.
If the Commission is not supportive of the Ocean Avenue location for the proposed use, it
could also provide direction regarding the alternative location on Lincoln Street.
In summary, staff would recommend that the Commission answer the following questions:
Does the Commission support the proposed use even though it is not an off-site
tasting room for a Monterey County winery?
Does the Commission. support the preferred location on Ocean A venue or the
alternative location on Lincoln Street?
If the Commission is supportive of the Concept, what revisions and/or additional
information are requested?
RECOMMENDATION:
Provide direction to the applicant and staff and continue this application to a future meeting.
To City of Carmel by the Sea
Attention Sean Conroy, AICP
Planning & Building Services Manager
PO Drawer G
Carmel, CA 93921 (hand delivered)
Dear Sean,
July 5, 2011
Constance Anne Dudley
Postal Box BB
Carmel by the Sea
California 93921
831-238-2580
Email and hand delivery
Updated letter and conceptual request to use the Lincoln at Ocean Avenue space next door;
Regarding, UP 11-9 application for wine shop & tasting; and sale of specialty wine liquors
gifts and chocolates and nonalcoholic beverages. This request is for the consideration of a
chance in the location of propose use to the Lincoln at Ocean Avenue space next door and
next to Dametra.
Presently my application before you UP 11-9, for the proposed use is in my real estate office
location next door to Sade's and scheduled for hearing on July 13, 2011, This request is for
the consideration of a chance in the location of propose use is the only change for the
already submitted request. I still desire approval as submitted, with only a request to the
conceptual location change, either way the planed use and operation remains the same it
would only be additional approval of a location change. (If the second request is approved I
will plan to move the Jewelry use to my current office).
I believe the location change is more compatible with keeping of Carmel appearance. I also
believe this modification of location in my property is more compatible with the
presentation of the uses at my property.
My use as opposed to only one winery brand, our business will offer a variety of brands, we
will provide both resident and visitor access to wines or beverage of uniqueness and value,
not commonly found in the general market place, we will have organic wines as well.
I will be doing my part to repeat what we enjoy in Dametra, and again work to bring a
mixed and vibrant use to enhance the presently existing uses. This in turn will help in
maintaining our beautiful and prosperous community. My focus will be on wine sales by
the bottle or case. I estimated this at 70 to 90 percent of sales. With the other items listed
above to enhance the setting and experience. (Sketch attached).
In keeping with the unique character of the Carmel downtown area. I believe the low key
approach of this mix will continue to enhances the unique ambiance of our down town area.
The small and private intimate scale, speaks to quality of product. Again this clearly is
Page 1 of3
most fully supported by the strolling patron and tempo of our City. Of further benefit is the
fact that this use will provide an educational community experience as well as a visual
experience at a gentle relaxed pace. In theory I am only enhancing what is already so very
much Carmel.
I plan and envision the concept of separate unique ambiance, adding a new experience and
not just expanding what I have (as previously year ago approved). I believe the uniqueness
is the answer for success.
I plan to mirror the concept of something new; much the same as what is now in the old
Wings (Delores and 7th) the expansion ofthat restaurant was unique, the addition adding a
whole new element, not just more of the same. As it was planned it provides the image of a
charming operation reflective its own individually and not just a mere expansion of the
existing restaurant operation. Both operations appear to maintain their individually. This
is what I intend to do as well.
A second consideration for both the City of Carmel and myself is the need to generate
revenue, and if supported as planned, I believe I will generate such revenue for us both, at
the same time in keeping the scale and the theme of Carmel.
I greatly appreciate and look forward, with your assistance and support, in opening this
business reflective of our unique town that can provide both a variety and quality of
experience. In this request I wish to enhance the existing business with wine sales, I
believe this concept of enhancing the corner use, in theory was approved in 1998 and
because of my divorce (and several other reasons). I was unable to proceed, at that time my
property was given approval to expand the existing restaurant into this request location
change (this was approved as more of the same),
Unlike the prior approval, here I wish to maintain the appearance of a separate and unique
experience, complementary but different from our now world famous Dametra. My main
focus will be on the wine sales. Dametra will continue with the main dining remaining as it
is at Dametra, I do not wish to compromise Dametra in any way. It is a great restaurant,
and I wish to remain as unique and independent as to its own identity
The Vineyard Gateway is envisioned to stand on its own, by the attached sketch you can see
the focus is on wine display and sales. Carmel has seen much expansion of existing
operations over the years; these changes to Carmel by t he Sea have seen either the
expansion or addition of compatible uses, for the most part this has benefited or City.
What I request is no different than that has been a long standard practice of Carmel and
that is to enhance what adds to the experience of Carmel by the Sea. My request to my
existing property business is a request that also add to the Carmel experience, offering a
variety not often found elsewhere. I plan to provide both uniqueness and value. In keeping
with what Carmel has already approved my use will be different and compatible at the
same time.
For the most part the current wine tasting shops are mostly reflective of one winery, in fact
across the street I understand the City has approve wine tasting at Carmel Bay Company,
this welcome addition and adds to our many fine tasting rooms. This is helping Carmel in
Page 2 of3
9D
J
creating a lovely walking route making available many fine individual wineries, added to
and complementing our fine restaurants and hotels, this with our love of dogs is the Carmel
experience.
Community Character is of paramount to me, as it is to all Carmel Residents and
Businesses and Property Owners. Therefore as a longtime resident of Carmel by the Sea, I
am very happy and excited about being able to bring to our community this most unique
operation. In implementing this concept we can provide to our residents visitors a taste
and sampling of both affordable and fine wine, compatible gift accessories, including
chocolate, with small plate light food, to complement the tasting experience, thus offerings
the best of all worlds. Carmel is unique and what better way of maintaining our uniqueness
than presenting items of interest in venues ofintimate ambiance.
My location is ideal in that my property already is home to a great full service restaurant
Dametra and a short distance from a full bar. It is across the street, and a very short walk
to other wine tasting and sales businesses. There is no doubt that my wine sales and
tasting use as planned will enhance the existing location is compatible with existing uses
and will upgrade area at the same time.
Moving to Carmel in 1959, I have always maintained a love of this City and truly
appreciate the fact that not only do I live and work here I grew up here and attended all of
the Schools in Carmel starting with Sunset and graduating from Carmel High, loving
Carmel the way I do I am always interested in establishing new and or innovative
approaches to the presentation of business. As these approaches are implemented in
Carmel-by-the-Sea to better serve our residents as well as our visitors thereby enhancing
the Carmel by the Sea, experience for all.
I believe approval of this request is in keeping with what is truly good for Carmel The fact
is my present uses at my property, already have a use permit and business licenses which
are most compatible with this request, (food wine at Dametra and alcohol at Bade's)
remembering the fact a full expansion of the restaurant use was approved years ago, I
presently believe this proposed use could be better and is in keeping with the scale and
theme of the city and is comparable to the other uses of similar nature which have been
recently approved by the City. Including but not limited to the reasons above, I look to your
assistance with my new venture and the City's endorsement and approval of this request.
Most respectfully
c c ~
Page 3 of3
91
. *
LcJU..\..W\
-I
. '
z
..J
3
8
z
:J
'\,.
l
)c---..:-1 .; . I
I 1
t / r .
I
I ' , :
I . - } .
' I ' ' ,
I
I
I
I
I
I
I
I
I
I
I
I
I
I

I
'
I
I
I
I
'
I
I
- ; --
- . l- -
/ /
. . /
"
I t
I \
. .
I . . ....
Existing Retail Wine
Bathroom Display
Retail Wine
---It--
Display
Retail Wine
Display
Refail Wine
Display
0
r
~
Existing Sink and Counter
Retail Wine Display
~
..1
-p
(,
~
.J
3
0
f
1
0
Retail Wine Display
Lincoln Avenue
~ l
Retail Wine
Display
r
Retail Wine
Display
Retail Wine
Display
I
Chocolates and
Gifts Display
PLANNING COMMISSION- MINUTES
JULY 13, 2011
I. CALL TO ORDER AND ROLL CALL
PRESENT: Commission Members:
ABSENT: Commission Members:
Beach, Paterson, Hi1lyard,
Reimers
Dallas
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Marc Wiener, Associate Planner
Leslie Fenton, administrative Coordinator
II. TOUR OF INSPECTION
The Planning Commission toured the following sites: Dudley, Loewy, Weil,
Levett, Pamplemousse Boutique, Scheid Vineyards, Franciscan Way and Lasher.
III. ROLL CALL
PRESENT: Commission Members: Beach, Paterson, Hillyard, Reimers
Dallas - by phone, one item only
IV. PLEDGE OF ALLEGIANCE
Members of the audience joined Commission Members in the pledge of
allegiance.
V. ANNOUNCEMENTS
Sean Conroy, Planning & Building Services Manager, explained that
Commissioner Dallas would be attending the meeting via telephone for item #3,
UP 11-11 Richard Clark (Scheid Vineyards) on the Consent Agenda because
Commissioner Reimers needed to step-down due to proximity to item location.
Commissioner Beach gave an update on the RC District sub-committee.
Commissioner Paterson requested that e-mails regarding agenda items not be
e-mailed to Commissioners on the day of the meeting.
Planning Commission - Minutes
July 13, 20 II
J
2. DR 11-11
Peter & Susan Loewy
Dolores 3 SE 3rd
Block 34, Lot(s) 8
Consideration of Design Review, Use
Permit, Variance, Demolition and Coastal
Development Permit applications for the
demolition of an existing 2-unit building
and the construction of a new 2-unit
building in the RC District.
Sean Conroy, Planning & Building Services Manager, presented the staff report.
Chair Reimers opened the public hearing at 5:16p.m. Robert Walker, Chris
Tescher and Scott from the Hofsas House appeared before the Commission.
There being no other appearances, the public hearing was closed at 5:34.
Commissioner HILLYARD moved to continue the project, seconded by
PATERSON and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Beach, Paterson, Hillyard, Reimers
None
Dallas
None
3. UPll-9
Constance Dudley
Consideration of a Preliminary Review for
a Use Permit to establish a retail wine shop
with an ancillary use of wine tasting in a
commercial space located in the Central
Commercial (CC) District.
E/s Lincoln bt. Ocean & 7th
Block 75, Lot(s) 8
Chair Reimers opened the public hearing at 5:48 p.m. Constance Dudley and
Roberta Miller appeared before the Commission. There being no other
appearances, the public hearing was closed at 5:52.
Commissioner HILLYARD moved to continue the project, seconded by
AYES:
NOES:
ABSENT:
ABSTAIN:
Beach, Paterson, Hillyard, Reimers
None
Dallas
None
Planning Cmrunission - Minutes
July 13,2011
4
PLANNING COMMISSION
AGENDA CHECKLIST
MEETING DATE: 10 August 2011
FIRST HEARING: 7/13/11
ITEM NO: UP 11-9
SUBJECT:
BLOCK: 75 L O T S ~
CONTINUED FROM: 7/13/11
OWNER: Constance Dudley
APPLICANT: Constance Dudley
STREAMLINING DEADLINE: N/A
Consideration of an application for a Use Permit Amendment allowing for the expansion
of an existing restaurant located in the Central Commercial (CC) District.
LOCATION: ZONING:
SECor. Ocean & Lincoln cc
ISSUES:
1. Does the application comply with the Municipal Code and General Plan?
OPTIONS:
1. Approve the application as submitted.
2. Approve the application with special conditions.
3. Continue the application with a request for additional information.
RECOMMENDATION:
Option #2 (Approve the application with special conditions.)
ATTACHMENTS:
1. Staff Report dated 1 0 August 20 11.
STAFF CONTACT: Sean Conroy, Planning & Building Services Manager
STAFF REPORT Adopted & Approved 8/10/11
BLOCK: 75 LOT: 8
REQUEST:
The applicant owns the building located on the southeast corner of Ocean A venue and
Lincoln Street, occupied by a restaurant in the eastern space and an art and jewelry store
located in the western space. On 13 July 201 0 the applicant presented a conceptual request to
the Planning Commission to establish a retail wine shop with wine tasting as an ancillary use
for the western space. The Commission was concerned that the request was inconsistent with
the recently adopted wine tasting policy and suggested that the applicant consider expanding
the restaurant rather than the retail wine shop proposal.
The applicant is now requesting an amendment to an existing use permit to expand Demetra's
Cafe restaurant into the adjoining space to the west. The western space would include a
small bar and approximately six tables. Customers seated in the western space will be
provided a full menu, but will also include an option for a lighter menu that may accompany
wine tasting.
EVALUATION:
Use Permit: Full line restaurants are considered a conditional use in the Central
Commercial District. Demetra's Cafe is operating under a previously issued use permit
for this site. The proposed expansion of the restaurant requires an amendment to the use
permit and the adoption of the attached findings and conditions. Existing water credits on
the site allow for a maximum of 49 seats between the two spaces.
CMC 17.56 establishes a limit on the number of food stores and restaurants that can be
pennitted on Ocean Avenue. Since this proposal involves an expansion of an existing
restaurant, no change to the number of restaurants on Ocean Avenue will occur.
CMC 17.14.040.1 indicates that the sale of nonfood merchandise that is directly related to
the use may be allowed when detennined to be incidental to the primary use. The display
of nonfood merchandise is prohibited. The municipal code also limits the number of
seats at a bar to no more than 20% of the total seats.
UP 11-9 (Dudley)
10 August 2011
Staff Report
Page2
The applicant is proposing to expand the existing restaurant into the adjacent space to the
west but have a different design theme in the space, similar to the approach of the
recently approved La Bicyclette restaurant expansion on Dolores Street.
The applicant is proposing to offer the retail sales of wine as an ancillary use, but the
wine displays will be designed to be part of the ambiance of the space. The proposal
appears to be consistent with the direction given by the Commission at the previous
hearing.
RECOMMENDATION:
Approve the application with the attached findings and conditions.
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
FINDINGS FOR DECISION Amended & Approved 8/10/11
UP 11-9
Constance Dudley
Dametra's Cafe
SE Cor. Ocean & Lincoln
Block 7 5 Lot 8
CONSIDERATION:
FINDINGS OF FACT:
1. The applicant owns the building on the southeast comer of Ocean A venue and
Lincoln Street that consists of two commercial spaces.
2. The building is occupied by a restaurant in the eastern space and an art
gallery/jewelry store in the western space.
3. The site has sufficient water credits for 49 seats.
4. The applicant is proposing to expand the existing restaurant into the adjacent space to
the west.
5. The application is exempt from the requirements of the California Environmental
Quality Act (class 5).
6. The proposed uses are classified as follows according to the North American
Industrial Classification System (NAICS):
Primary Use: Full Service Restaurant (72211 0).
Ancillary Use: Retail Sales of Wine ( 44531 0).
FINDINGS FOR DECISION:
1. The proposed use is not in conflict with the General Plan.
2. The proposed use, as conditioned, will comply with all zoning standards applicable to
the use and zoning district.
UP 11-9 (Dudley)
10 August 2011
Findings & Conditions
Page2
3. The granting of the Use Pennit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.
4. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, and ftre protection.
5. The proposed use will not be injurious to public health, safety or welfare.
6. The proposed use will be compatible with surrounding land uses and will not conflict
with the purpose established for the district within which it will be located.
7. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.
SPECIAL CONDITIONS:
1. The restaurant shall be considered a "full line" restaurant for zoning purposes and
shall be limited to 49 interior seats (including any seats at a bar). No exterior seats are
authorized and no more than 1 0 seats are pennitted at the bar. Restaurant hours shall
be limited to 7:00 a.m. to 11 :00 p.m. seven days a week. The retail sale of wine and
wine related products are approved as an ancillary use. No display of non-food
merchandise is pennitted.
2. The interior door connecting the two spaces shall be opened at all times during normal
business hours and the two spaces will operate as one single restaurant. Only one
exterior sign is permitted.
3. The restaurant shall not operate as a "Drive-in, Formula Food or Fast Food''
establishment as defined in CMC Section 17.70.
4. Except as provided in CMC Sections 8.68.070 and 8.68.080 no restaurant shall
provide prepared food to its customers in CFC-processed food packaging or
polystyrene foam food packaging, nor shall any restaurant purchase, obtain, keep, sell,
distribute, provide to customers or otherwise use in its business any CFC-processed
food packaging or polystyrene foam food packaging. The restaurant shall comply
with all other requirements in CMC Section 8.68.
5. Substantially all foods from the standard menu shall be available for purchase during
the hours that alcoholic beverages are being served except for the ftrst hour and the
UP 11-9 (Dudley)
10 August 2011
Page3
last hour of each business day. The full menu shall be offered in both the eastern and
western spaces.
6. Customers shall be provided with individual menus while seated at a table or counter.
7. Food sold for consumption off the premises shall be incidental to the primary use.
Such food shall be placed in covered containers or wrappings, and all housebrand
labeled food store goods such as vinegars, oils and salad dressings shall be
prepackaged and sealed.
8. Adequate facilities shall be provided on the site for the closed storage of trash and
garbage generated by the use. The on-site storage shall be designed so that the area
can be cleaned and the refuse removed without creating a public nuisance and without
being placed on the sidewalks or other public ways. If the method of cooking used
will generate hot ashes, a storage facility and disposal method shall first be approved
by the Fire Department.
9. At least one restroom shall be available for use by both sexes within, or conveniently
adjacent to, the specific business premises and on the same property on which the use
is located. This restroom shall comply with all provisions of the State Uniform
Building and Plumbing Codes as to the required size, location and accessibility
standards, and shall be available for use by both the employees and patrons ofthe
business.
10. Maximum seating capacity shall not exceed the standards in the State Uniform
Building and Fire Codes, the number of seats approved by the Planning Commission
through public review, or the number of seats in the previous business, whichever is
less. The seating capacity shall be posted on the premises.
11. The use shall be conducted in a manner consistent with the presentations and
statements submitted in the application and at the public hearing, and any change
in the use which would alter the findings or conditions adopted as part of this
permit shall require approval of a new use permit by the Planning Commission.
12. This use permit shall become void and of no further force or effect if the use is not
initiated within six months and/or upon termination or discontinuance of the use for
any period of time exceeding six months.
13. Violations of the terms of this use permit or other ordinances of the City may
constitute grounds for revocation of this use permit and the associated business
license by the Planning Commission.
UP 11-9 (Dudley)
10 August 2011
Page4
14. Approval of this application does not pennit an increase in water use on the project
site. Should the Monterey Peninsula Water Management District determine that the
use would result in an increase in water use as compared to the previous use, this Use
Permit will be scheduled for reconsideration.
15. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the
City, its public officials, officers, employees, and assigns, from any liability; and shall
reimburse the City for any expense incurred, resulting from, or in connection with any
project approvals. This includes any appeal, claim, suit, or other legal proceeding, to
attack, set aside, void, or annul any project approval. The City shall promptly notify
the applicant of any legal proceeding, and shall cooperate fully in the defense. The
City may, at its sole discretion, participate in any such legal action, but participation
shall not relieve the applicant of any obligation under this condition. Should any party
bring any legal action in connection with this project, the Superior Court of the
County of Monterey, California, shall be the situs and have jurisdiction for the
resolution of all such actions by the parties hereto.
16. This Use Permit amends and replaces the previous restaurant Use Permit for this
site.
17. The applicant shall submit a final floor plan to the City identifying the number of
seats proposed in each space and the total number proposed for the restaurant prior
to operation indicating that no more than 49 seats are proposed.
DECISION:
This use permit is approved with the fmdings and conditions stated above.
--------------
--------------
I
I
I
I ~ ' I
a/ \,,
- - - - - - - - ~
AUGUST 10,2011
PRESENT: Commission Members: Beach, Dallas, Paterson, Hillyard
ABSENT: Commission Members: Reimers
STAFF PRESENT: Sean Conroy, Planning & Building Services Manager
Marc Wiener, Associate Planner
Leslie Fenton, Administrative Coordinator
The Planning Commission toured the following sites: Del Mar Beach, Lambert,
Walker, Biason, Carmel Plaza, Pepe, San german & Gilfilan.
III. ROLL CALL
Members of the audience joined Commission Members in the pledge of
allegiance.
V. ANNOUNCEMENTS
Sean Conroy, Planning & Building Services Manager, made the following
announcements:
1. Chair Reimers absent from today' s meeting, Vice-Chair Hillyard would be
chairing the meeting.
2. 2 appeals to City Council -the project for vinyl windows on Lasuen was
over-turned and allowed for vinyl windows everywhere except the front
windows; the Mission Domicile project appeal was upheld and the garage
shall be pushed back 3 ' .
3. Consent Agenda item #3 -Forest & Beach Commission approved a 6-month
trial period.
VI. APPEARANCES
Joyce Stevens and Barbara Livingston appeared before the Commission.
Planning Commission - Minutes
August 10, 2011
1
)
Commissioner PATERSON moved to approve the application with staff's
Special Conditions and addition of Special Condition #18 - The outdoor
seating shall not impede public access to the courtyard and historic statue.
Outdoor seating shall be limited to a maximum o(16 seats and no more than
three tables. The tables shall be located towards the south side o(the courtyard
entrance on Dolores Street and the south side o(the courtyard, seconded by
DALLAS and carried by the following roll call vote:
AYES:
NOES:
Beach, Dallas, Paterson, Hillyard
None
ABSENT: Reimers
ABSTAIN: None
5. UP 11-19
Constance Dudley
E/s Lincoln bt. Ocean & 7th
Block 75, Lot(s) 8
Consideration of a Use Permit Amendment
for the expansion of an existing restaurant
located in the Central Commercial (CC)
District.
Vice-chair Hillyard opened the public hearing at 4:35p.m. Constance Dudley
appeared before the Commission. There being no other appearances, the public
hearing was closed at 4:42 p.m.
Commissioner PATERSON moved to approve the application with staff's
Special Conditions #1-16 and change to Special Condition #17- The
applicant shall submit a final floor plan to the City identifying the number of
seats proposed in each space and the total number proposed for the
restaurant prior to operation indicating that no more than 49 seats are
proposed, seconded by DALLAS and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
6. DS 10-7
Beach, Dallas, Paterson, Hillyard
None
Reimers
None
Stephen & Barbara Walker
NE San Antonio & 4th
Block NN, Lot(s) 2
Consideration of a Plan Revision to an
approved Design Study applications for an
exterior alteration to an existing residence
in the Single Family Residential (R-1) and
Beach and Riparian Overlay (BR) Districts.
Marc Wiener, Associate Planner, presented the staff report. Vice-chair Hillyard
opened the public hearing at 4:46p.m. Barbara Livingston appeared before the
Commission. There being no other appearances, the public hearing was closed at
4:47p.m.
Planning Conunission- Minutes
August 10,2011
3
PLANNING COMMISSION
AGENDA CHECKLIST
MEETING DATE: 14 November 2012
FIRST HEARING: X
ITEM NO: UP 11-9
SUBJECT:
BLOCK: 75 LOTS: Ji
CONTINUED FROM: N/ A
OWNER: Constance Dudley
APPLICANT: Dametra's
STREAMLINING DEADLINE: 12/14/12
Consideration of a Use Permit Amendment to allow live music at an existing restaurant
located in the Central Commercial (CC) District.
LOCATION: ZONING:
SE Cor. Ocean & Lincoln cc
ISSUES:
1. Does the application comply with the Municipal Code and General Plan?
OPTIONS:
1. Approve the application as submitted.
2. Approve the application with special conditions.
3. Continue the application with a request for additional information.
RECOMMENDATION:
Option #2 (Approve the application with special conditions.)
ATTACHMENTS:
1. StaffReport dated 14 November 2012.
STAFF CONTACT: Marc Wiener, Associate Planner
STAFF REPORT Continued by PC on 11114/12
BLOCK: 75 LOT: 8
REQUEST:
Consideration of a Use Permit Amendment to allow live music at an existing restaurant
located in the Central Commercial (CC) District.
Dametra' s restaurant is located on the southeast comer of Ocean Avenue and Lincoln Street.
On 10 August 2011 the Planning Commission approved a Use Permit amendment to allow
the restaurant to expand into the comer space and to allow for the retail sales of wine and
wine tasting from that space. The applicant is now requesting approval to allow live music in
the restaurant.
EVALUATION:
Noise Sensitive Uses and Evaluation: Noise sensitive uses in the area include Harrison
Memorial Library and the Pine Inn. Provided the live music complies with the decibel
standards, the restaurant should be an appropriate venue. A special condition has been
added requiring City staff to meet with the applicant on site to perform a sound evaluation
to ensure the applicant understands the sound limitations of the permit.
Use Permit: The Use Permit Amendment that was approved in August 2011 authorized
up to 49 seats provided the Water Management District could verify that the necessary
credits were available. The Water Management District is still working to determine
whether a valid credit transfer had occurred in the past. Staff recommends amending the
Use Permit to allow no more than 39 seats until such time as the District can verify the
actual available credits.
The proposed use permit amendments are shown in strike out and underline.
RECOMMENDATION:
Approve the application with the attached findings and conditions.
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
UP 11-9
Constance Dudley
Dametra's Cafe
SE Cor. Ocean & Lincoln
Block 75 Lot 8
CONSIDERATION:
FINDINGS FOR DECISION
of an existing restaurant located in the Central Commercial (CC) District and to allow the
playing of live music.
FINDINGS OF FACT:
1. The applicant owns the building on the southeast corner of Ocean A venue and
Lincoln Street that consists of two commercial spaces.
2. The building is occupied by a restaurant in the eastern space and an art
gallery/jewelry store in the western space.
3. The site has sufficient water credits for 49 39 seats.
4. The applicant is proposing to expand the existing restaurant into the adjacent space to
the west.
5. The application is exempt from the requirements of the California Environmental
Quality Act (class 5).
6. The proposed uses are classified as follows according to the North American
Industrial Classification System (NAICS):
Primary Use: Full Service Restaurant (72211 0).
Ancillary Use: Retail Sales of Wine (445310).
7. The applicant submitted an application to allow live music at the restaurant on 26
July2012.
FINDINGS FOR DECISION:
1. The proposed use is not in conflict with the General Plan.
UP 11 -9 (Dudley)
10 August 2011 Amended 14 November 2012
Page2
2. The proposed use, as conditioned, will comply with all zoning standards applicable to
the use and zoning district.
3. The granting of the Use Permit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.
4. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, and fire protection.
5. The proposed use will not be injurious to public health, safety or welfare.
6. The proposed use will be compatible with surrounding land uses and will not conflict
with the purpose established for the district within which it will be located.
7. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.
SPECIAL CONDITIONS:
1. The restaurant shall be considered a "full line" restaurant for zoning purposes and
shall be limited to 49 39 interior seats (including any seats at a bar). No exterior seats
are authorized and no more than 10 seats are permitted at the bar. Restaurant hours
shall be limited to 7:00 a.m. to 11 :00 p.m. seven days a week. The retail sale of wine
and wine related products are approved as an ancillary use. No display of non-food
merchandise is permitted.
2. The interior door connecting the two spaces shall be opened at all times during normal
business hours and the two spaces will operate as one single restaurant. Only one
exterior sign is permitted.
3. The restaurant shall not operate as a "Drive-in, Formula Food or Fast Food"
establishment as defined in CMC Section 17.70.
4. Except as provided in CMC Sections 8.68.070 and 8.68.080 no restaurant shall
provide prepared food to its customers in CFC-processed food packaging or
polystyrene foam food packaging, nor shall any restaurant purchase, obtain, keep, se11,
distribute, provide to customers or otherwise use in its business any CFC-processed
food packaging or polystyrene foam food packaging. The restaurant shall comply
with all other requirements in CMC Section 8.68.
UP 11-9 (Dudley)
I0August2011 Amended 14November2012
Page 3
5. Substantially all foods from the standard menu shall be available for purchase during
the hours that alcoholic beverages are being served except for the first hour and the
last hour of each business day. The full menu shall be offered in both the eastern and
western spaces.
6. Customers shall be provided with individual menus while seated at a table or counter.
7. Food sold for consumption off the premises shall be incidental to the primary use.
Such food shall be placed in covered containers or wrappings, and all housebrand
labeled food store goods such as vinegars, oils and salad dressings shall be
prepackaged and sealed.
8. Adequate facilities shall be provided on the site for the closed storage of trash and
garbage generated by the use. The on-site storage shall be designed so that the area
can be cleaned and the refuse removed without creating a public nuisance and without
being placed on the sidewalks or other public ways. If the method of cooking used
will generate hot ashes, a storage facility and disposal method shall first be approved
by the Fire Department.
9. At least one restroom shall be available for use by both sexes within, or conveniently
adjacent to, the specific business premises and on the same property on which the use
is located. This restroom shall comply with all provisions of the State Uniform
Building and Plumbing Codes as to the required size, location and accessibility
standards, and shall be available for use by both the employees and patrons of the
business.
10. Maximum seating capacity shall not exceed the standards in the State Uniform
Building and Fire Codes, the number of seats approved by the Planning Commission
through public review, or the number of seats in the previous business, whichever is
less. The seating capacity shall be posted on the premises.
11 . The use shall be conducted in a manner consistent with the presentations and
statements submitted in the application and at the public hearing, and any change
in the use which would alter the findings or conditions adopted as part of this
permit shall require approval of a new use permit by the Planning Commission.
12. This use permit shall become void and of no further force or effect if the use is not
initiated within six months and/or upon termination or discontinuance of the use for
any period of time exceeding six months.
UP 11-9 (Dudley)
Page4
13. Violations of the terms of this use permit or other ordinances of the City may
constitute grounds for revocation of this use permit and the associated business
license by the Planning Commission.
14. Approval of this application does not permit an increase in water use on the project
site. Should the Monterey Peninsula Water Management District determine that the
use would result in an increase in water use as compared to the previous use, this Use
Permit will be scheduled for reconsideration.
15. The applicant agrees, at its sole expense, to defend, indemnify, and hold harmless the
City, its public officials, officers, employees, and assigns, from any liability; and shall
reimburse the City for any expense incurred, resulting from, or in connection with any
project approvals. This includes any appeal, claim, suit, or other legal proceeding, to
attack, set aside, void, or annul any project approval. The City shall promptly notify
the applicant of any legal proceeding, and shall cooperate fully in the defense. The
City may, at its sole discretion, participate in any such legal action, but participation
shall not relieve the applicant of any obligation under this condition. Should any party
bring any legal action in connection with this project, the Superior Court of the
County of Monterey, California, shall be the situs and have jurisdiction for the
resolution of all such actions by the parties hereto.
16. This Use Permit amends and replaces the previous restaurant Use Permit for this
site.
17. The applicant shall submit a fmal floor plan to the City identifying the number of
seats proposed in each space and the total number proposed for the restaurant prior
to operation indicating that no more than 49 39 seats are proposed.!.
18. Live music may be played up to seven days a week from Noon to 11 :00 p.m.
19. Prior to commencement of live music on the site, the applicant shall meet with
City staff to perform a sound evaluation. Per CMC section 9. 16, the maximum
noise level allowed from live music activities located on the property shall not
exceed 55 db as measured at the property line.
20. A summary sheet of basic Use Permit requirements (allowed days, allowed hours,
special mitigations) shall be posted on the premises and shall be available upon
request by any enforcement officer of the City.
UP 11-9 (Dudley)
Page 5
DECISION:
This use permit is amended and approved with the findings and conditions stated above.
.
To Whom It May Concern:
We're applying for a live music permit for Dametra Cafe. The live music will be performed
regularly during our business hours, from llam-llpm, using an instrument called the Oud and live Piano
without using any speakers or amplified electronics. We will not have a stage, we will be performing on
the floor with about five minutes of music every hour on average. All of this is contained within the
interior of the building. Around our location, we have:
The library, across the street,
The Pine Inn Hotel, north west
The City Hall, south west
The Church of the Wayfarer, south west
The Cypress Inn Hotel, South
Thank You,
BasharSneeh
Dametra Cafe
NOVEMBER 14, 2012
PRESENT: Commission Members: Dallas, Goodhue, Paterson, LePage,
Reimers
STAFF PRESENT: Marc Wiener, Associate Planner
Leslie Fenton, Administrative Coordinator
The Planning Commission toured the following sites: Cannel Mission, First Murphy
Cottage, Ristorante La Dolce Vita, Levett, Cimball & Cambell, Momboisse and Hughey.
III. ROLL CALL
Members of the audience joined Commission members in the pledge of allegiance.
V. ANNOUNCEMENTS/EXTRAORDINARY BUSINESS
Marc Wiener, Associate Planner announced the following:
1. Special Planning Commission meeting to be held Thursday, November 15, 2012, at
1:30 p.m.
2. The City Council upheld the Planning Commission's denial of DR 12-18, an awning
at B & G Jewelers.
VI. APPEARANCES
None
VII. CONSENT AGENDA
1. Consideration of minutes from October 23, 2012.
3. DR 12-27
Claudine Van Vleet
NW Lincoln & 6th
Block 70, Lot(s) 3 & 4
Consideration of a Public Bench and Plaque
Donation and Design Review application for
the installation of a bench in front of the First
Murphy Cottage.
Planning Commission- Minutes
November 14,2012
I
Commissioner PATERSON moved to approve Consent Agenda items #1 and #3,
seconded by GOODHUE and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Paterson, Dallas, Goodhue, LePage, Reimers
None
None
None
VIII. CONSENT AGENDA (PULLED ITEMS)
5. UP 11-9
Constance Dudley
SE Ocean & Lincoln
Block 75, Lot(s) 8
Consideration of a Use Permit Amendment to
allow live music at an existing restaurant
located in the Central Commercial (CC)
District. (Dametra Cafe)
Marc Wiener, Associate Planner, presented the staff report. Chair Reimers opened the
public hearing at 4:07p.m. Constance Dudley and John Levy appeared before the
Commission. There being no other appearances, the public hearing was closed at 4:13
p.m.
After further discussion, Chair Reimers re-opened the public hearing at 4:16p.m.
Constance Dudley appeared before the Commission. There being no other
appearances, the public hearing was closed at 4:18 p.m.
Commissioner DALLAS moved to continue the project to the February 2013 Regular
Meeting and have applicant work with staff on issue of water credits and Live Music
Permit, seconded by LEPAGE and carried by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
2. DR 12-10
Paterson, Dallas, Goodhue, LePage, Reimers
None
None
None
Carmel Sands Subsidiary, LLC
NE San Carlos & 5
1
h
Consideration of a Time Extension for Design
Review, Demolition Permit, Use Permit and
Coastal Development Permit applications for
the redevelopment of the Carmel Sands hotel
located in the Service Commercial (SC)
District.
Block 50, Lot(s) 13-20
Marc Wiener, Associate Planner, presented the staff report. Chair Reimers opened the
public hearing at 4:25p.m. Zachary Bernstein appeared before the Commission. There
being no other appearances, the public hearing was closed at 4:28 p.m.
Commissioner LEPAGE moved to approve Consent Agenda item #2, seconded by
Planning Commission- Minutes
November 14, 2012
2
r \D (\o} 'ol \\<Af\(\\1\l_; if) \-(."/V'Y<"l U.)\\
<', ... :. V \ 'N
)
{\or \\- (/\(\( V-\
1
'lO\l.. .
PLANNING COMMISSION
AGENDA
Regular Meeting
City Hall
East side of Monte Verde Street
Between Ocean & Seventh A venues
Commissioners: Steve Dallas
Michael LePage
Janet Reimers
Don Goodhue, Vice-chair
Keith Paterson, Chair
February 13, 2013
Wednesday
Tour-2:30
Meeting- 4:00 p.m.
Shortly after 2:30 p.m. the Commission will leave the Council Chambers for an on-site
Tour of Inspection of all properties listed on this agenda (including those on the
Consent Agenda). The Tour may also include projects previously approved by the
City and not on this agenda. Prior to the beginning of the Tour oflnspection, the
Commission may eliminate one or more on-site visits. The public is welcome to follow
the Commission on its tour of the determined sites. The Commission will return to the
Council Chambers at 4:00p.m. or as soon thereafter as possible.
III. ROLL CALL
V. ANNOUNCEMENTS/EXTRAORDINARY BUSINESSS
VI. APPEARANCES
Anyone wishing to address the Commission on matters not on the agenda, but within
the jurisdiction of the Commission may do so now. Please state the matter on which
you wish to speak. Matters not appearing on the Commission agenda will not receive
action at this meeting but may be referred to staff for a future meeting. Presentations
will be limited to three minutes, or as otherwise established by the Commission.
Persons are not required to give their name or address, but it is helpful for speakers to
state their name in order that the Secretary may identify them.
Planning Commission - Agenda
February 13,2013
J
VII. CONSENT AGENDA
Items placed on the Consent Agenda are considered to be routine and are acted
upon by the Commission in one motion. There is no discussion of these items prior
to the Commission action unless a member of the Commission, staff, or public
requests specific items be discussed and/or removed from the Consent Agenda. It is
understood that the staff recommends approval of all consent items. Each item on
the Consent Agenda approved by the Commission shall be deemed to have been
considered in full and adopted as recommended.
1. Consideration of minutes from January 3, 2013, Special Meeting.
2. Consideration of minutes from January 9, 2013, Regular Meeting.
1. DS 12-133
Plum Holdings
E/s Monte Verde 2 N 3rd
Block 31, Lot(s) 14
2. DS 12-112
Terril & Kathryn Efird
Consideration of a request for a Time
Extension for Design Study and Coastal
Development Permit approvals for the
construction of a new residence located in the
Single Family Residential (R-1) District.
W Is Vizcaino 9 S Mt. View
Block 102, Lot( s) 9
Consideration of Design Study (Final) and
the addition of a second story to an existing
residence located in the Single Family
Residential (R-1) District.
3. DS 12-77
David & Jan Graham
SE Carmelo & 4th
Block GG, Lot(s) 26 & 28
Consideration of a Plan Revision to an
approved Design Study for the alteration of an
existing residence located in the Single Family
Residential (R-1) and Archaeological
Significance Overlay (AS) Districts.
VIII. CONSENT AGENDA (PULLED ITEMS)
IX. PUBLIC HEARINGS
If you challenge the nature of the proposed action in court, you may be limited
to raising only those issues you or someone else raised at the public hearing
described in this notice, or in written correspondence delivered to the Planning
Commission at, or prior to, the public hearing.
1. SI 13-2
John Wagner
W/s Lincoln 2 N 7th
Block 74, Lot(s) 11 & 13
Consideration of an application for a brushed
metal business sign at a site located in the
Central Commercial (CC) District.
(Kevin Milligan Gallery)
February 13, 2013
2
2. DS 12-68
Malcolm Ghazal
NW San Antonio & 1 0
1
h
Block V, Lot(s) 18 & 20
3. DS 12-111
Bill & Adriana Hayward
SE Ocean & Carmelo
Block M, Lot(s) 2 & 4
4. DS 13-8
Carol Casey
SE Carmelo & 9th
Block P, Lot(s) 4
5. DS 13-7
Carol Casey
E/s Carmelo 2 S 9th
Block P, Lot(s) 2
6. DS 13-6
Consideration of Design Study (Concept) and
the substantial alteration of an existing
Residential (R-1) District.
Consideration ofDesign Study (Concept &
Final), Demolition Permit and Coastal
demolition of an existing residence and the
construction of a new residence located in the
Single Family Residential (R-1) District.
Consideration ofDesign Study and Coastal
alteration of an existing residence located in
the Single Family Residential (R-1) District.
Consideration of Design Study and Coastal
alteration of an existing residence located in
the Single Family Residential (R-1) District.
Noel Barnhurst/Suzanne Cushman
W/s Lobes 2 S Valley Way
Consideration of Design Study (Concept) for
the substantial alteration of an existing
Residential (R -1) District. Block 2, Lot(s) 1
7. UP 11-13
Richard Pepe
NE Dolores & ?'h
Block 76, Lot(s) 22
8. UP 12-22
David Fink
NE Mission & 7th
Block 78, Lot(s) All
9. MP 13-1
CMC 9.16
City-Wide
Review of a previously approved Use Permit
allowing exterior seating at a restaurant located
in the Central Commercial (CC) District.
(Little Napoli)
Consideration of a Use Permit to allow live
music at a restaurant located in the Central
Commercial (CC) District. ( 400)
CONTINUED
Consideration of recommendations to the City
Council regarding an ordinance reauthorizing
Carmel Municipal Code Section 9.16 allowing
live music where alcoholic beverages are sold
and/or served.
Planning Commission- Agenda
February 13,2013
3
)
X. ADJOURNMENT
The next meeting of the Planning Commission will be:
..._Regular Meeting - Wednesday, March 13,2013 at 4:00p.m.
The City of Cannel-by-the-Sea does not discriminate against persons with disabilities.
Carmel-by-the-Sea City Hall is an accessible facility. The City of Carmel-by-the-Sea
telecommunications device for the Dea'Speech Impaired (T.D.D.) Number is 1-800-735-
2929.
The City Council Chambers is equipped with a portable microphone for anyone unable to
come to the podium. Assisted listening devices are available upon request of the
Administrative Coordinator. If you need assistance, please advise Leslie Fenton what
item you would like to comment on and the microphone will be brought to you.
NO AGENDA ITEM WILL BE CONSIDERED AFTER 8:00 P.M. UNLESS
AUTHORIZED BY A MAJORITY VOTE OF THE PLANNING COMMISSION. ANY
AGENDA ITEMS NOT CONSIDERED AT THE MEETING WILL BE CONTINUED
TO A FUTURE DATE AS DETERMINED BY THE COMMISSION.
Any writings or documents provided to a majority of the Planning Commission regarding
any item on this agenda will be made available for public inspection in the Planning &
Building Department located in City Hall, E/s Monte Verde between Ocean & 7th
A venues, during nonnal business hours.
February 13, 2013
4
COMMUNITY PlANNING AND BUILDING DEPARTMENT
POST OFFICE DRAWER G
May 8, 2013
Andrew Swartz
C/o The Lincoln Trust
Spiering, Swartz and Kennedy
550 Hartnell Street
Monterey, CA 93940
(831) 620-2010 OFFICE
(831} 620-2014 FAX
Subject: Lincoln building located on theSE Comer of Ocean and Lincoln
Block 76, Lot 8, APN 010-147-013
Violation of Use Permit #11-09 (Dametra' s Cafe); Violation of Sign Ordinance 17.040.030
(Dametra's Cafe/Constance the Wine Room/The Pegasus Collection); Violation of Music and
Noise Ordinance (Dametra' s Cafe)
Dear Mr. Swartz,
I was advised by staff to refer all violations to you representing the Lincoln Trust for compliance, in
1
light of the recent ruling by the court.
Background: August 10, 2011 the Planning Commission consideration an application for a use permit
amendment (filed by Ms. Dudley) allowing for the expansion of an existing restaurant located in the
Central Commercial District. The Use Permit 11-9 was amended and approved with special conditions
(see attached).
The City has been trying to work with Ms. Dudley to correct the following Use Permit violations
without success.
Use Permit No. 11-09 special condition # I states:
The restaurant shall be considered a "full line" restaurant for zoning purposes and shall be
limited to 39 (until water credits for 49 are authorized) interior seats (including any seats at
the bar). No exterior seats are authorized and no more than 10 seats are permitted at the bar.
Violation: Use Permit 11-09 was approved with a condition that Ms. Dudley provide documentation
verifying that the property has sufficient water credits to allow 49 restaurant seats. Ms. Dudley has
submitted documentation indicating that at one time a process was initiated to transfer water to the
property. However, in reviewing the records and working with the Monterey Peninsula Water
Management, it has ~ e n concluded that transfer was never completed and therefore the water was not
transferred to the property. The restaurant is currently in violation of the seating requirements and
must be reduce its seating to 39.
Use Permit No. 11-09 special condition # 2 states:
The interior door connecting the two spaces shall be open at all times during normal business
hours and the two spaces will operate as one single restaurant. Only one exterior sign is
permitted
Violation: Currently the door between the two spaces is closed and she is operating as two businesses
in this space as Dametra's and Constance the Wine Room. This door should remain open to allow free
flow to both sides of the restaurant.
Use Permit No. 11-09 special condition #3 states:
Substantially all foods from the standard menu shall be available for purchase during the hours
that alcoholic beverages are being served except for the first hour and the last hour of each
business day. The full menu shall be offered in both the eastern and western spaces.
Violation: Police have reported patrons being in the business well past midnight.
Sign Ordinance Violations: The sign in the front window of the west part of the building
"Constance the Wine Room" is in violation of Municipal Code Section 17.40.020 (a). Business signs.
(see attached photo). This sign must be removed or reduced to two square feet and one inch lettering.
In addition, the City has asked verbally that all holiday/string lights be removed from the
exterior of the building, this is a violation ofCMC Chapter 17.040-010 (c.) The sign ordinance is
attached for yow reference.
Live Music/Noise Ordinance Violation: On November 14, 2012 Ms. Dudley petitioned the
Planning Commission for a live music pernrit. The Planning Commission continued this request and
directed staff to work with the applicant on the issue of the disputed water credits. (See attached
minutes from the Planning Commission). The City has received numerous complaints regarding short
burst of music and loud drumming is heard from 2-3 blocks from the restaurant. This is a violation of
the Noise Ordinance (CMC Chapter 8.56 060). attached noise ordinance, but also violation of the
Use pennit as Dametra's does not have a live music permit. I have attached the live music information
and permit submittal requirements.
Holiday Light Violation: Code Enforcement has spoken to Ms. Dudley several times regarding
the exterior string lights that have been placed around the windows and have asked her to remove
them. They are still in place and need to be removed. This is a violation ofCMC Chapter 17.40.010 c,
(see attached).
We look forward to working with the Lincoln Trust to bring this business and the building into
compliance and will work with you to maintain compliance in the future. Should you have any
question, please feel free to contact me at 831-620-2010.
Si erely,
Jl
Code Enforcement Officer
C: Marc Weiner, Senior Planner
Mike Calhoun, Police Chief
Marc Wiener
From:
Sent:
To:
Sean Conroy
Friday, October 19, 2012 3:33 PM
Marc Wiener
Subject:
Fwd: live music
FYI
Sent from my iPhone
Begin forwarded message:
From: Bashar Sneeh
Date: October 19, 2012, 3:22:37 PM PDT
To: Sean Conroy <sconroy@ci.carmel.ca.us>
Subject: Re: live music
Thank you much ...
Bashar Sneeh
On Oct 16, 2012, at 12:37 PM, Sean Conroy <sconroy@ci.carmel.ca.us> wrote:
Thanks for getting the additional information in on the live music permit.
We'll try and get it scheduled for the November 14th Planning Commission
meeting. We'll get back to you once it has been scheduled. Thanks!
Sean
Sean Conroy, AICP
PODrawerG
Carmel, CA 93921
(831)620-2010
1
Marc Wiener
From: Sean Conroy
Sent:
To:
Wednesday, October 24,2012 11:17 AM
Leslie Fenton
Cc:
Subject:
UP 11-9 (full noticing)
Constance Dudley
Blk 75 Lot 8
APN 010-147-013
Marc Wiener
Nov mtg
Contact Bashar Alsneeh
nd
Consideration of a Use Permit Amendment to allow live music at an existing restaurant located in the
Central Commercial (CC) District.
Sean Conruy, AICP
Pla1ming & Building Services Manager
City of CArmel-tJy-the-Sea
PODrawerG
Carmel, CA 93921
(831)620-201 0
1
Marc Wiener
From:
Sent:
To:
Cc:
Subject:
Dear Mark
Thursday, January 31, 2013 8:13PM
Marc Wiener
when works for you to meet
When we last spoke we decided to get through the new year.
I hope and trust you had a good holiday new year,
I thought I would touch base so that we can set a time to get together, please let me know what works for you.
Sincerely,
Constance,
~ o i l e
1
Marc Wiener
From:
Sent:
To:
Sean Conroy
Friday, October 19, 2012 3:33 PM
Marc Wiener
Subject: Fwd: live music
FYI
Sent from my iPhone
Begin forwarded message:
)
From: Bashar Sneeh <basharsneeh@yahoo.com>
Date: October 19, 2012, 3:22:37 PM PDT
To: Sean Conroy <sconroy@ci.carmel.ca.us>
Subject: Re: live music
Thank you much ...
BasharSneeh
On Oct 16, 2012, at 12:37 PM, Sean Conroy <sconroy@ci.carmel.ca.us> wrote:
Thanks for getting the additional information in on the live music permit.
We'll try and get it scheduled for the November 14
1
h Planning Commission
meeting. We'll get back to you once it has been scheduled. Thanks!
Sean
Sean Conroy, AICP
PO DrawerG
Carmel, CA 93921
(831)620-2010
1
Marc Wiener
From: Sean Conroy
Sent:
To:
Wednesday, October 24, 2012 11:17 AM
Leslie Fenton
Cc:
Subject:
UP 11-9 (full noticing)
Constance Dudley
Blk 75 Lot 8
APN 010-147-013
Marc Wiener
Nov mtg
Contact Bashar Alsneeh
basharsneed@yahoo.com and
Constance
Dudleyridge@comcast.net
Consideration of a Use Permit Amendment to allow live music at an existing restaurant located in the
Central Commercial (CC} District.
Sean Conroy, AICP
Citt; of Carmel-by-the-Sea
PO DrawerG
Carmel, CA 93921
(831)620-2010
1
Marc Wiener
From:
Sent:
To:
Cc:
Subject:
Dear Mark
Constance Anne Dudley [dudleyridge@comcast.net]
Thursday, January 31 , 2013 8:13PM
Marc Wiener
dudleyridge@comcast.net; dudleyridge@comcast.net
when works for you to meet
When we last spoke we decided to get through the new year.
I hope and trust you had a good holiday new year,
I thought I would touch base so that we can set a time to get together, please let me know what works for you.
Sincerely,
Constance,
831-238-2580 mobile
1

Pra Log May 2014

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Pra Log May 2014

Uploaded by

Copyright:

Available Formats

PUBLIC RECORDS REQUEST LOG 2014

Page 5 Current as of 10/17/2014 Time: 9:24 AM

tin l' ohhL h'- 4'dl c- tlh '*' '' l

You might also like