pra log april 2014.pdf

PUBLIC RECORDS REQUEST LOG 2014

Page 3 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 RequestedComments/Date Partial

Completed 2014-32 3/17/14 03/27/14 n/a Complete 3/28/2014 Karen Williams Copy of Catherine Balin

(AKA E X T T I) agreement/contract

Attorney Client work product. Invoice provided.

2014-33 3/17/14 03/27/14 n/a Complete 3/14/2014 Monterey Weekly, KION, KSBW, Monterey Herald

City's Finance Specialist matter.

Media Inquiry

2014-34 3/17/14 03/27/14 n/a Complete 3/14/2014 Mai Chow, KSBW

City's Finance Specialist matter.

Media Inquiry for job description of Finance Specialist. Fulfilled by J. Stilwell.

2014-35 3/19/14 03/29/14 n/a Complete 3/19/2014 Mary Schley, Pine Cone

Have all absentee ballots for the April 8 election been delivered.

Media Inquiry. Acting City Clerk Betancur responded.

2014-36 3/20/14 03/30/14 n/a Complete 3/19/2014 Larry Parsons, Monterey Herald

Copy of Candidate Statements for April 8 election

Media Inquiry. Acting City Clerk provided information.

2014-37 3/19/14 03/29/14 Extension 4/11/2014 E t i

Complete 4/16/2014 Mary Schley, Pine Cone

contractors who hold a city credit card; and provide

Document created; Partial completed 3/28/20142014-38 3/26/14 04/05/14 n/a Complete 3/26/2014 Daniel J.

TurnerElections Information Media Inquiry

2014-39 3/28/14 04/10/14 n/a Complete 4/10/2014 Cindy Lloyd All documents , logs , notes or other records of statement regarding the holiday lights in medians on Ocean Avenue

2014-40 4/1/14 04/11/14 Extension 4/25/2014

Complete 4/25/2014 Mary Schley, Pine Cone

Copies of checks and invoices for the following: Mark Alcock 127917 ($8,400); Extti 127886 ($6,787.98); Mark Alcock 127921 ($18,000); Mike's Auto Body 127897 ($5,435.14); Sheppard Mullen Richter & Hampton 127923 ($1,103.71)

2014-41 4/7/14 04/17/14 n/a Complete 4/7/2014 Larry Parsons, Monterey Herald

Elections Information Media Inquiry

2014-42 4/9/14 04/19/14 n/a Complete 4/16/2014 Michael W.Stamp

Email showing PRA communication regarding PRA 2014-23

2014-43 4/11/14 04/21/14 n/a Complete 4/21/2014 Neil Shapiro Stilwell CV and employment agreement

2014-44 4/11/14 04/21/14 n/a Complete 4/21/2014 Neil Shapiro Susan Paul CV and employment agreement



Request No.

Request Date

10-Day Due Date

14-Day Ext. Date



Completed 2014-45 4/22/14 05/02/14 n/a Complete 5/2/2014 Neil Shapiro (1) any writings submitted

to an agent of the City by Stilwell or Ms. Paul in connection with your respective applications for employment, (2) for any writings between Stilwell and the agent and between Ms. Paul and the agent that constituted a part of your respective employment applications, and (3) for any writings between that agent and the City regarding those applications.

2014-46 4/27/14 05/07/14 n/a Complete 5/7/2014 Steven Kenny Could you please tell me who the contractor and architect including the company name and contact person are for this project demolishing 977 sqft SFD built in 1936 to build New SFD. The address of the project is: Mission Street. The parcel number is: 010-087-016-000,

2014-47 4/29/14 05/09/14 n/a Complete 5/28/2014 Susan M. Goldbeck Attorney at law

Any writings which relate to any business license granted for the operation of Demetra Café from 2007 to the present

2014-48 4/25/14 05/05/14 n/a Complete 4/25/2014 Sarah Ruben- Mntry county Weekly

Background Media- Inquiry

2014-49 4/29/14 05/09/14 n/a Complete 4/29/2014 Sarah Ruben-Mntry County Weekly

Wine tasting-Policy and Moratorium

Media-Inquiry

2014-50 4/24/14 05/03/14 n/a Complete 4/24/2014 Walter Ryce, reporter from the Monterey County Weekly

Forest Theater notice and order

Mayor and John Kuehl, both of whom he spoke with prior

2014-51 4/27/14 05/07/14 Extension 6/6/2014 Extension 6/20/14

Complete 6/19/2014 Paterson public records in electronic format of correspondence and related materials between all parties involved in the decision to close Forest Theater grounds to the public by chains and padlocks on gates surrounding the parkland property on Wednesday, April 23, 2014

ADDENDUM: PRA request specifically related to and including: "What we have learned, much more recently and much to our dismay, is that it would be potentially dangerous to allow any further use of the Forest Theater until safety concerns are fully resolved." This decision was not made by me or by the city council. It was made by the public safety, building safety, and risk management professionals in the interest of protecting the public



Request No.

Request Date

10-Day Due Date

14-Day Ext. Date



Completed 2014-52 5/1/14 05/11/14 Extension

5/16/2014Complete 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 January 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 (Jason 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.


Request No. 2014-40

Information Requested: Copies of checks and invoices for the following: Mark Alcock 127917 ($8,400); Extti 127886 ($6,787.98); Mark Alcock 127921 ($18,000); Mike's Auto Body 127897 ($5,435.14); Sheppard Mullen Richter & Hampton 127923 ($1,103.71)

Due Date: Lt }11//~ (Office Use Only)

City of carmel-by-the-Sea Publfc Records Request City Clerk Department

Fife No.:.l.ol lf-H 0 (Office Use Only)

THIS PUBUC RECORDS REQUEST FORM ITSELF CONSTITUE$ A PUBLIC RECORD AND IS SUBJECT TO PUBUC DISCLOSURE UPON REQUEST. fill out info in box only

Date of Request: 4--1-Jl-1 Requested By: \It ~tatse-Hcty Company: P'' ~e.- C-c\.Je-

Address:

Phone, Fax, Email:

Info Requested (be specific): ~ "'-l \J cl\ L~.S .

Date Desired: (City hu10 days to determine whether the request In whole or lnpart Is a dlsdosable public: record pursuant to GG WJ(CJ. In eeiWin cirrumstances, the 10 date determln~tlon may be extended to an addition 14-davs so lonr as persons are advised.)

Persons/Departments to provide information: (Office use OnfvJ Done: ___ D1te: ___ _

Request Approved by atv Attorney:---- Dlsdosable Records:-----

Need for Extension Pllt 10 Days: _______ Due Date: _______ _

If yes, was written notfflcatlon sent: ______ Date: ________ _

Cost Associated with Request: _ ______ Total:$. _______ _ _

Request completed by: _ _ _______ Date Completed: _____ _

Method of Oell~~ery: ________ _

:I Attach receipt of oriJinal request and Invoice if applicable

Hi Jason 1

Could you please provide me copies of the checks and invoices for the following: 127917, Mark Alcock, $8400 1,278861 EXTTI , $6787.98 127921, Mark Alcock, $18,000 1278971 Mike's Auto Body, $5,435 .14 127923, Sheppard Mullen Richter & Hampton, $11 103 . 71

I am not requesting the legal bi lls under the assumption that all of the pertinent information will be redacted1 as it has in the past .

Thanks, Mary

Mary Schley, reporter The Carmel Pine Cone (831) 274-8660 [email protected]

1


Request No. 2014-41

Information Requested: Elections Information

City of Carmel-by-the-Sea Public Records Request City Clerk Department

Due Date: JJ11/ Jy File No.: .l-0 I 'l- 4/ (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: J:t.L J. L ('=I I Requested By: L@erz1 ee r.w~s

Company: M o~-k a. e. (?r ttQ~C\WL · Address:

~

Phone, Fax, Email: r;' Leccj /Ot.. 2 f rJ fcJ tlH!«HfO k.J

1¥}. (Z.IJ '< 16:1 17'/V~V\~ Info Requested (be specific):

Date Desired: (City has 10 days to determine whether the request In whole or lnpart is a dls~losable public record pursuant to GCS 6253(C). In certain circumstances, the 10 date determination may be extended to an addition 14-days so long as persons are advised.)

Persons/Departments to provide information: (Office use Only) Done: ~ Date: ~ /1 4 Lj

Request Approved by City Attorney:---- Disdosable Records:-----

Need for Extension Past 10 Days: _______ Due Date:--------

If yes, was written notlflcation sent:------ Date:------ ----

Cost Associated with Request:-------- Total:$ ________ _

Request completed by: __________ Date Completed:------

Method of Delivery:---------

:; Attach reulpt of original request and Invoice if applicable

Daryl Betancur

From: ~ent: (o: Cc: Subject:

Larry,

Daryl Betancur Monday, April 07, 2014 11:19 AM Larry Parsons Jason Stilwell; Daryl Betancur RE: tues election

No last minute wrinkles, everything is going according to plan. Since this is the first time Carmel has ever had a write-in candidate and the canvassing board has to check the ballots and account for those write-in votes, the count could and I mean COULD potentially take a bit longer than anticipated .

There are 1 Polling Place (Carpenter Hall at Sunset Center at San Carlos and 9th) and within it there are two precincts. As it relates to percentage tirn out, hard to say, but I expect it to be high due to the write in interest and the weather anticipated to be sunny and mild .

Thanks,

Daryl A. Betancur, CMC, MPA Office of the City Administrator City of Carmel-by-the-Sea P. 0. Box cc (armel, California 93921 hone 831-620-2000

Fax: 831-620-2004

- ----Original Message--- - -From: Larry Parsons [mailto:lparsons@montereyherald .com] Sent: Monday, April 07, 2014 11:04 AM To: Daryl Betancur Subject : tues election

Daryl,

Any last minute wrinkles to Tuesday election?

How many polling places are there, 1 or 2?

What percentage turnout do you anti ci pate?

Will processing write- in votes delay the ballot count?

Thanks

Larry Parsons 646-4379 Monterey Herald


Request No. 2014-42

Information Requested: Email showing PRA communication regarding PRA 2014-23 Follow-up to 2013 request. Various claims

April 16,2014

City of Carmel-by-the-Sea POST OFFICE BOX CC

CARMEL-BY-THE-SEA, CA 9392 1 (831) 620-2000

VIA EMAIL ONLY TO: [email protected]

Michael Stamp STAMP I ERICKSON 4 79 Pacific Street, Suite One Monterey, CA 93940

Re: Response to Public Records Request 2014-42

Dear Mr. Stamp:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act request on April 9, 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 does not have disclosable public documents responsive to your request. Your Records Request seeks an "email that shows that [Mr. Stilwell] communicated via email with [The Law Office of Stamp/Erickson] on March 27." The City is unable to locate such an e-mail.

Please be adYised that my statement to Ms. McNary via e-mail on April 8, 2014 was based upon my review of the log maintained by the City to track public record requests received by the City ("PRA Log") and the March 27, 2014 date on the letter transmitted to you. Attached hereto is an electronic copy of the PRA Log.

Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, we believe our search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your request, please notify us and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254. If you are aware of any legal authority that would require disclosure of documents in addition to those identified above, please advise the undersigned and the City will reconsider its position accordingly.

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

Very truly yours,

;;;;4--ci(Administrator

DOCSOC/1662777vl/102910-0002

From: To: Subject: Date:

Michael Stamp

Jason Stilwell

Re: Last attempt to resolve our Public Records Act requests Wednesday, April 09, 2014 10:14:22 AM

Mr. Stilwell: please send me a copy of the email that shows that you communicated via email with us on March 27. This is a PRA request. There is no exemption for emails sent by you to my Office, and such an email does of course meet the requirement of a public record. Thank you

Michael Stamp STAMP I ERICKSON 479 Pacific Street, Suite One iVioiiferey···c:A.··9394a······ .. ·····• ............... ! .. . . . .......... .. . tel: 831-373-1214 fax: ·s31:'3·73:·a·24·2

From: Jason Stilwell <[email protected]> To: Jennifer McNary <[email protected]> Cc: "[email protected]" <[email protected]>; Michael Stamp <[email protected]>; "klg [email protected]" <[email protected]> Sent: Tuesday, April 8, 2014 5:01 PM Subject: RE: Last attempt to resolve our Public Records Act requests

Ms. McNar} : tn) records show ) ou were sent the attached correspondence on March 27. Jason .

From: Jennifer McNary [mailto:[email protected]] Sent: Tuesday, April 08, 2014 4:01 PM To: Jason Stilwell Cc: [email protected]; Michael Stamp; [email protected] Subject: Last attempt to resolve our Public Records Act requests

Mr. Stilwell :

Please see the attached correspondence from Michael Stamp.

Thank you.

Jennifer McNary STAMP I ERICKSON 479 Pacific Street, Suite One Monterey, CA 93940 tel: 831-373-1214 fax: 831-373-0242

From: Sent: To: Subject:

Jason Stilwell <[email protected]> Tuesday, October 29, 2013 6:14PM EveryoneCarmel Heidi Burch resignation

All staff: This email is to inform you that Assistant City Administrator/City Clerk Heidi Burch has resigned effective November 29. Many of you have worked closely with Heidi during her eight years with the organization and have come to know her. Please join me in wishing her the best of luck in her future endeavors.

The functions Heidi oversees, City Clerk, Marketing, and Community Services, along with the various projects, will continue to be managed from the City Administrator's Office. Daryl Betancur, who has been assisting Heidi with the City Clerk function remains the contact for City Clerk activities.

Thank you

Jason

Jason Stilwell Dty....Adm.i nistr:ato.r- -- --- - --Carmel-by-the-Sea, CA 93921 831-620-2000

28 October 2013

This letter will serve as my letter of resignation effective November 29, 2013. My

management leave will be utilized through November 14} 2013, after which time I

will be available to assist the City in wrapping up projects on which I am currently

working.

My resignation from the City of Carmel-by-the-Sea, though a very difficult

decision, comes as the result of my extreme discomfort with current management

practices. I can no longer ethically or in good conscience remain part of the City

administration.

City of Carmel-by-the-Sea

October 29, 2013

Heidi Burch

Assistant City Administrator/City Clerk

Carmel-by-the-Sea

RE: Resignation acceptance

Heidi:

POST OFFICE BOX CC CARMEL-BY-THE-SEA, CA 93921

(831} 620-2000

This letter serves to confirm acceptance of your letter of resignation dated October 28, 2013 effective

November 29, 2013. In your letter of resignation you note that you are extremely uncomfortable with

current management practices. As you know, over the last two years I have discussed with you

concerns regarding past management of the City, so I would be very interested in learning about the

current practices that are causing your discomfort so the City can address them. I took forward to our

exit interview discussion today so I can better ascerta in your concerns.

In your tetter of resignation you requested, and the City grants, management leave for the period of

October 30- November 14, 2013. For the period though your last day with the City, I will authorize paid

administrative leave for the period of November 15 - November 27. Please be ava ilable as needed

during this period but there you should not report to the office during this period unless requested to do

so. There is no need for administrative leave on November 28 - November 29 as those days are paid

holiday leave. Accordingly, your last day in the office will be today, October 29.

Thank you for your service to the community over the past eight years. I wish you the best of luck in

your future endeavors.

City Administrator

DATE AUTHOR

1. 10/28/ 13 Heidi Burch

2. 10/29/13 Jason Stilwell

DOCSOC/164 9890v III 0291 0-0002

CITY OF CARMEL BY THE SEA PRIVILEGE LOG PUBLIC RECORDS REQUEST NO. 2013-42

MADE BY MICHAEL STAMP

TO TYPE REASON FOR REDACTION/WITHHOLDING

Redactions of "personal identifiers", including but not limited to,

Social Security Numbers, Signatures, Addresses, Phone Numbers,

Dates of Birth and Student Education Records pursuant to: The California Constitution (Article I, Section 1 ), See International

N/A Resignation Federation of Professional & Technical Engineers, Local 21, AFL-CIO

Letter 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), see ACLU v. Deukmejian (1982) 32 Cal.3d 440; and/or Gov. Code §6254(c); and/or Government Code 6255, see Times

Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; and/or 34 C.F.R. § 99.3 via Government Code Section 6254(k);

Redactions of "personal identifiers" , including but not limited to,

Social Security Numbers, Signatures, Addresses, Phone Numbers,

Dates of Birth and Student Education Records pursuant to: The California Constitution (Article I, Section 1 ), See International

Heidi Burch Confirmation Federation of Professional & Technical Engineers, Local 21, AFL-CIO

Letter 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), see ACLU v. Deukmejian (1982) 32 Cal. 3d 440; and/or Gov. Code §6254(c); and/or Government Code 6255, see Times

Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325; and/or 34 C.F.R. § 99.3 via Government Code Section 6254(k);


Request No. 2014-43

Information Requested: Stilwell CV and employment agreement


Mr. Stilwell:

Neil Shaoiro

Jason Stilwell

Public Records Act Request

Friday, April 11, 2014 2:49:20 PM

On behalf of Transparency in Government and under the provisions of the Public Records Act I respectfully request access to and copies of (1) the resume or CV and any other writings that you submitted to the City of Carmel-By-The-Sea ("Carmel") as part of your application for the position of City Administrator, and (2) the contracts between you and the City that govern or previously governed your employment as City Administrator.

Although I believe that my request is clear, please feel free to let me know if you have any questions. Thank you for your ant icipated courtesy and cooperation.

Neil Shapiro

Neil Shapiro Law Offices of Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Facsimile: (831) 372-3701 nlshapiro@sbcgloba I. net [email protected] www.nshapiro.com

Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of Neil L. Shapiro that may be confidential or privileged. This message, inclusive of any attachments, is intended for the use of the recipient(s) identified above only. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify the sender immediately and delete/destroy all copies of this transmission, or any portion thereof.

JASON STILWELL • Carmel-by-the-Sea, CA 93921 •

CITY ADMINISTRATOR

••• Innovative, dedicated public servant, strategic thinker, and visionary with a 20-year history

of promoting excellence and best-in-class performance in county, town, and city management; ended every year at or better than projections.

• Seven years of experience as assistant county executive officer spearheading and leading change and growth initiatives.

• Passion for ensuring high performance in areas of fiscal integrity, customer service, and employee satisfaction.

• Winner of GFOA Prestigious Budget Presentation awards for all 15 budgets developed and managed during career.

• History of receptivity to innovation and reasonable risk taking; able to balance competing priorities such as economic development and preservation of natural resources.

• Ph.D. in public affairs and M.A. in public administration with concentrations in municipal management, law, finance, and personnel.

Resource Allocation 1 Expense Control HR Management I Talent Acquisition

Process Improvement 1 Staff Development Strategic Planning I Change Management

Relationship Management Community & Inter-governmental Relations

Disaster & Emergency Management Financial & Growth Management

Economic Development I Media Relations

CAREER HISTORY & PERFORMANCE

COUNTY OF SANTA BARBARA, CALIFORNIA 2003-2011

Assistant County Executive Officer- Recruited and groomed for position in fast-track executive development; managed major projects and directed Parks Department prior to promotion.

Executive Leadership: Maintain high ethical standards and establish and execute vision to meet community challenges while ensuring policy goals are met. • Performance Management: Implemented award-winning performance management system that identified

organization's effectiveness in meeting its objectives; earned several awards and recognitions including county's first-ever Certificate of Excellence from International City County Management Association's Center for Performance Management.

• Task Force: Directed community leaders' Blue Ribbon Task Force for improving county's fiscal status. • County Split Initiative: Played key role on committee that determined feasibility of dividing county into two parts. • Relationship Management: Consistently maintain positive relationships with staff and leadership by keeping broad

perspective and resolving conflicts professionally and diplomatically.

Organizational Management: Direct 26 departments and 4, 000 employees. Lead 13 direct reports including 5 department directors accountable for 500 employees. • Staff Development: Ensure staffing is aligned with changing labor market through ongoing training and team building.

Support employee university that provides development tailored to county issues, policies, systems, and structures. • Budget Leadership: Ensure competing priorities and project deadlines are met through coordination and management

of team of budget managers. • Relationship Management: Capably bridge communications between elected officials, public, employees, and media;

maintain productive relationships with three boards of supervisors with changing political and organizational goals. • Organizational Restructuring: Restructuring organization to meet contemporary workplace challenges; developing

new classification and compensation system, leadership initiative, and performance pay plan.

Budget & Finandal Management: Manage budget that has grown from $717 million to more than $781 million_increasing costs and earmarked revenue required significant reductions and organizational adaptation. • Chief Appointed Finance Officer: Coordinate countywide financial issues including debt issuances and forecasting. • Annual Budget: Develop, manage, and control annual budget with 115 separate funds. • Capital Improvement Plan: Built and manage five-year, $1 billion capital improvement plan with 233 capital projects. • Award: Played critical role in county's winning first Special Performance Measures Recognition from GFOA in 2009.

Strategic Planning: Collaborate with Board of Supervisors to identify and address community challenges, from homelessness to economic development strategies. • Departmental Strategic Plan: Designed and executed Parks Department strategic plan that included eight specific

goals focused on customer service, operations, and revenue generation. • Goal Setting: Conduct strategic goal-setting sessions and set service levels and performance objectives to meet goals. • Citizen Survey: Use National Citizen Survey to accurately assess changing community needs, desires, and demands.

JASON STILWELL Page Two

Labor Relations: Cultivate productive working relationships with organized labor while maintaining Board of Supervisors' management goals and business interests. • Results: Avoided significant public demonstrations, work stoppages, and slowdowns during implementation of furlough

program and wage concessions; • Layoff Avoidance: Recommended a budget that reduced 170 staff positions with no lay-offs managed by concessions,

retirement incentives, analysis of need, organizational restructuring, and attrition.

folides & Procedures: Distill complex issues and challenges into policy issues for elected officials to consider; develop and implement organizational policies and procedures. • Annexation Policy: Developed guidelines for addressing annexation of unincorporated land into municipalities. • Transportation Funding: Improved earmarking of transportation revenue and matched revenue to maintenance and

capital projects by initiating project that resulted in new transportation-funding guidelines. • Open Space Acquisition & Management: Designed policy for acquiring and maintaining county open space; acquired

San Marcos Preserve. • Park Development Project: Enabled building of two new county parks, the first since 1984; created Community

Facility Districts to fund parks' operations. • Emergency Operation Plan: Updated county's emergency operations plan to address operating procedures and

organizational structure for disasters.

Communitv & Universitv Relations: Consistently develop and maintain productive working relationships with community. • Downtown Organization: Participated in downtown business owners' efforts to keep downtown viable; worked with

public officials to find creative ways for government to collaborate on long-term growth initiatives. • Front Country Trails Multijurisdictional Task Force: Played key role as Parks Director in leading process involving

diverse community activists, county, cities, private property owners, and U.S. Forest Service that identified and addressed concerns around use of trails in Santa Barbara foothills; result was adoption of trail management, funding, maintenance, and safety guidelines by three publ ic entities.

• Park Foundation: Initiated rejuvenation of County Park Foundation, outreach organization for developing partnership with community and nonprofit organizations to improve utilization and funding of park network.

• Long-range Development Plan: Spearheading analysis of impact UCSB's growth plan to add 5,000 students and 300 staff/faculty will have on county and communicating results to University in tightly managed county effort.

• Isla Vista/UCSB: Ensure community surrounded by UCSB has adequate services and that its safety needs are met; collaborate with staff to identify and address potential risks and service-level demands; directly involved in annual effort to mitigate safety and security issues during Halloween activities involving tens of thousands of outside visitors.

• Parks Commission: Developed policies that were approved by Commission including department's strategic plan, trail management plan, open-space acquisition processes, and others relating to completion of major capital projects including $10+ million restoration of Goleta Beach and $12+ million improvement of cachuma Lake Park.

• Emergency Operations Center: Ensured front-line responders had necessary equipment and supplies as director of emergency operations during five disasters; coordinated inter-agency activities and provided accurate information to media, public, and agencies.

Parks Management: Directed 85-member departmenc $10 million budgeC and 71 parks serving six million visitors annually_· ensured organization operated efficiently and effectively. • Transition Management: Handpicked by county executive officer to bridge gap between needs of Northern and

Southern parts of county with two different focuses: active recreation and passive preservation. • Financial Management: Successfully controlled $10 million budget and completed 44 diverse capital projects ranging

from playground construction to complex capital remediation projects in coordination with federal government. • Human Resources: Coordinated recruitment of permanent parks director; person hired remains in position.

Information Technologv: Initiated and directed strategic planning for improving IT operations, administration, and projects; technology plan was approved by Board of Supervisors. • IT Department: Spearheaded creation of IT Department and county information officer position; developed and

implemented GIS throughout County of Santa Barbara. • Fiscal Management: Reduced spending up to $33 million by creating survey tool and accounting processes that

identified opportunities for consolidating and coordinating IT staffing and spending without reducing service levels.

Cost Control: Identify and address potential problems quickly by carefully monitoring programs and projects with countywide performance management system of structured processes. • Expenditure Reduction: Recommended $37 million in 2009-2010 cost reductions approved by Board of Supervisors. • Project Management: Track progress of organizational projects through project reporting meetings.

Communications: Established Office of Communications Director,· recruited first public relations officer, a vital source for communicating w1th public_ coordinating disaster information, and ensuring all communications are consistent.

JASON STILWELL Page Three

Change Management: Drove difficult issues and projects to successful completion and facilitated consensus among diverse groups with different agendas. Facilitated adoption of countywide ambulance service contrad. • Leadership Team: Helped combine 300+ classifications for county employees into fewer than 100 as member of team

that developed updated classification and compensation program. Helped employees assume changing roles through coaching and performance review.

• Revenue Stream: Earned recognition from Superior Court and presiding judge during Michael Jackson trial for creating new revenue stream by charging for use of county facilities.

TOWN OF SUPERIOR, COLORADO 1995-2003

Assistant Town Manager - Recruited by new town manager to play key role on executive management team of fastestgrowing municipality in U.S. in the 1990s. Managed growth, finances, personnel, and government/community relations.

Land Use Planning: Planned and facilitated expansion served on Planning Commission, and led development and longrange comprehensive planning. Won town's first-ever bonus for saving $3 million on water purchase agreement • General Plan: Spearheaded two updates of comprehensive general plan and provided initial pre-application meeting of

73 developers to explain goals and land-use issues and to introduce development team. • Negotiation: Negotiated retail, residential, and office development including annexation and development agreements

for 80-acre site that became major retail center. • Future Development: Led effort to purchase long-term water rights for future development and directed team of

external consultants including planners, engineers, attorneys, building officials, and development experts.

Finandal Planning: Oversaw all financial development annexation, and land-use planning analyses. • Urban Renewal Authority: Led efforts to create urban renewal authority, from tax-increment financing to funding

capital improvement debt service to negotiating with developer on incentives. • Expanded Services Financing: Partnered with citizens, developers, and staff specialists on creation of financing

districts to finance expanded services and capital improvements including freeway interchange and multitransit projects. • Financial Analyses: Produced multiple financial analyses of potential annexations and development plans. • Capital Funding: Worked with developers on funding development and operation of capital facilities including special

districts, exactions, development fees, and voter-approved tax increases.

Ooen Soace Preservation: Led efforts of eleded leaders and key community members to identify land that should be preserved as open space, fund its acquisition, and negotiate on land purchases and rights.

Finandal Management: Played critical role in quintupling tax base and designed reserve policies that led to development of strategic reserve that was nearly 90% of annual appropriations. Assessed internal structure, conducted cost/benefit analyses, coordinated audits, and updated financial policies for growing organization. • Investment Management: Enabled town to earn higher return by streamlining investment policies and investing idle

funds while preserving liquidity and security. • Financial Reporting: Earned 2003 Certificate of Achievement for Excellence in Financial Reporting given by GFOA for

town's comprehensive annual financial report. Hired and led team of talented professionals that produced report. • Budgeting: Earned first Distinguished Budget Award in town's history in 2002 for improving budget process and book.

Human Resources: Developed first formal HR office, authored first personnel manual, created system for regulatory compliance, developed benefits and compensation plan, and created risk management fundion. • Talent Acquisition: Hired team of top-quality professionals and led talent acquisition and succession planning.

Intergovernmental & Communitv Relations: Established and nurtured relationships with adjoining municipalities, University of Colorado, and community organizations as town grew from isolated mining town to one of best-regarded Boulder/Denver communities. • Municipal Relations: Led significant improvement in relations with neighboring/competing communities resulting in

town's winning Cooperative Service Award by Denver Regional Council of Governments for intergovernmental tax sharing and land-use agreement between Town of Superior and City of Louisville.

• University Relations: Opened lines of communication with University of Colorado on expanding campus into area. • Community Relations: Served as Town's liaison to several community groups; Town won 2002 honorable mention for

Productivity Award by Denver Regional Council of Governments for its takeover of utility district from developer and improvements in district's management.

EARUER EXPERIENCE as Management Assistant at City of Westminster, CO (1995), Management Analyst/Budget Analyst for City of Thornton, CO (1994-1995), and Assistant to Shoreline Manager, Shoreline Division in City of Mountain View, CA (1992-1994). Accomplishments include developing GFOA award-winning budget for City of Thornton and managing difficult, $7 million golf course renovation project for City of Mountain View, CA as well as monitoring and controlling leachate and methane after closure of City's landfill.

JASON STILWELL Page Four

PROFESSIONAL AFFILIATIONS

INTERNATIONAL CITY MANAGEMENT ASSOCIATION (credentialed, 10-year service award)

GOVERNMENT FINANCE OFFICERS' ASSOCIATION (Distinguished Budget Award Reviewer)

AMERICAN POLITICAL SCIENCE ASSOCIATION "' AMERICAN SOCIETY FOR PUBLIC ADMINISTRATION

MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA (MMASC), Central Coast Chapter, Treasurer

LOCAL GOVERNMENT CHAPTER OF THE AMERICAN BAR ASSOCIATION"' ICMA ADJUNCTS (practitioners who teach)

PRESENTATIONS & ORGANIZATIONAL ACTIVITIES

2010 BOARD RETREAT, SANTA BARBARA COUNTY EMPLOYEES' RETIREMENT SYSTEM Panelist: "State of the U.S., State, and County Economies"

2009 ROTARY CLUB OF SANTA BARBARA Session: "The State of Local Government Services"

2005 ANNUAL CITY MANAGERS' DEPARTMENT MEETING, LEAGUE OF CALIFORNIA CITIES Session co-presenter: "The Performance Dividend of Professional Management"

2003 ANNUAL CONFERENCE, INTERNATIONAL CITY MANAGEMENT ASSOCIATION Session presenter: "Performance Measurement as a Budgeting Tool"

CALIFORNIA STATE UNIVERSITY AT NORTHRIDGE Adjunct Professor of Public Policy, Master of Public Administration Program

UNIVERSITY OF COLORADO AT DENVER, GRADUATE SCHOOL OF PUBLIC AFFAIRS 1999 Panelist: The Public Issues Forum, TABOR: Today and Tomorrow Presented on impact of tax limitation initiative on local Colorado governments

COLORADO MUNICIPAL LEAGUE'S 1999 BUDGET & FINANCE WORKSHOP Panelist: Setting Municipal Fees

PUBLICATIONS

"Cost Center Performance Planning," Government A'nance Review(forthcoming)

"The Ethical Foundation of Performance Measurement and Management," Public Management 87:5 (June 2005), 22-25, with Michael F. Brown

"Home Rule in Colorado," Home Rule in America: A Fifty State Handboo~ Congressional Quarterly Publishing, with Robert Gage, 2001

"Managing Chaos: Use it to Your Advantage, "Public Management," 78:9 (September 1996), 6-8.

EDUCATION

DOCTOR OF PHILOSOPHY University of Colorado at Denver: Graduate School of Public Affairs Concentration: Municipal Management and Law Dissertation: The Sales Tax Revenue Implications and Administrative Efficacy of Colorado Municipal Home Rule

MASTER OF PUBLIC ADMINISTRATION San Jose State University, Concentration: Finance and Personnel

BACHELOR OF ARTS, POLITICAL SCIENCE California Polytechnic State University, San Luis Obispo, CA Emphasis: Pre-Law

2000

1993

1991

DATE AUTHOR

1. N/A Jason Stilwell

DOC SOCII 663 234 v 1 I 1 0291 0-0002

CITY OF CARMEL BY THE SEA REDACTION LOG PUBLIC RECORDS REQUEST NO. 2014-43

TO TYPE REASON FOR REDACTION OR WITHHOLDING

Redactions of "personal identifiers", including but not limited to,

Personal Address, Personal Phone Number and Personal E-mail address, Curriculum pursuant to: The California Constitution (Article I, Section 1), See

City of Carmel vitae of International Federation of Professional & Technical Engineers, Local By The Sea Jason 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th 319; See also ACLU

Stilwell 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 Ca1.3d 1325.

April21, 2014


CARMEL-BY-THE-SEA, CA 93921

(831 ) 620-2000

VIA EMA.ll., ONLY TO: [email protected]

Neil Shapiro Law Offices ofNeil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940

Re: Response to Public Records Request (No. 2014-43)

Dear Mr. Shapiro:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act ("Records Request") request on Aprilll, 2014. 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 your Records Request seeks disclosable public records as to Topic No. 2 ("the contracts between you and the City that govern or previously governed your employment as City Administrator") and will make these records promptly available. Attached to this email is an electronic copy of the following non-exempt requested documents: The City's Employment Agreement with Jason Stilwell; Amendments to City's Employment Agreement with Jason Stilwell.

Please be advised that the City does not possess any records responsive to Topic No. 1 of your Records Request ("the resume or CV and any other writings that you submitted to the City of Carmel-By-The-Sea ('Carmel') as part of your application for the position of City Administrator") .


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---4 City Administrator

. I

EMPLOYMENT AGREEMENT 8Filf CGPY

THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA

("CITY") and JASON STILWELL and is effective as of the 28th day

of September 2011.

RECI'l'ALS

The City Council, as the appointing power,

and JASON STILWELL desire to agree in writing to the following

terms and conditions of STILWELL's employment as City

Administrator.

NOW, THEREFORE, the parties agree as follows:

AGREEMEN'l'

A. DU'l'IES

1. CITY agrees to employ JASON STILWELL as City

Administrator of the City of Carmel-by-the-Sea to perform the

functions and duties specified in the ordinances and resolutions

of the CITY, and to perform other legally permissible and proper

duties and functions as the City Council may from time to time

assign.

2 . STILWELL shall perform his duties to the best of

his ability in accordance with the highest professional and

ethical standards of the profession and shall comply with all

rules and regulations established by the CITY.

3. STILWELL shall not engage in any activity, which

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is or may become a conflict of interest, or which may create an

incompatibility of office as defined under California law.

Prior to performing any services under this Agreement and

annually thereafter, STILWELL shall complete and file all

disclosure forms required by law.

B. TERM

1. This Agreement ~hall be for a three ( 3) year

period commencing September 281 2011 and ending September 28,

2014, unless terminated by either party in accordance with the

provisions set forth in Article D. of this Agreement, or until

terminated by death or permanent disability of STILWELL.

2. STILWELL agrees to remain in the exclusive employ

of the CITY during the · term of this Agreement. However 1

EMPLOYEE may engage in occasional teaching, writing 1 or

consulting performed on STILWELL'S time off so long as such

activities do not either interfere with performance of his

duties hereunder, or conflict with STILWELL'S obligations to the

CITY. STILWELL agrees that such activities are to be subject to

prtor approval of the City Council.

C. HOURS OF WORK

It is recognized that STILWELL must devote a great

deal of time outside normal business hours to the business of

the CITY, and to that end STILWELL will be allowed to take off

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. I

reasonable compensatory time.

D. RESIGNATION AND TERMINATION

1 . STILWELL may re.sign at any time upon providing

the CITY with at least sixty (60) days advance written notice of

the effective date of his resignation.

2. The City Council may at any time with a 4/5 vote

terminate STILWELL upon sixty (60) days advance written notice .

3. The parties recognize and affirm that:

a. STILWELL is an "at-will" employee whose

employment may be terminated by the City Council without cause;

and

b. There is no express or implied promise made

to STILWELL for any form of continued employment. This

Agreement is the sole and exclusive basis for an employment

relationship between STILWELL and the CITY.

4. For the ninety ( 90) day period immediately

following a general or special election at which a City Council

member is elected to office, the City Council agrees not to

terminate the services of STILWELL without cause.

5. Any deliberations and decisions by the CITY

regarding the termination of STILWELL'S services shall be made

in closed session in accordance with the Ralph M. Brown Act.

Except where STILWELL is charged with or alleged to have

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committed criminal misconduct or acts involving moral turpitude,

and if the CITY has determined to terminate STILWELL'S services,

the CITY shall provide STILWELL the opportunity to resign in

lieu of being terminated, and the parties shall cooperate

regarding public announcements regarding STILWELL'S separation

from the CITY.

E. SEVERANCE PAY

1. Except as provided in sub-section E.2. below, if

STILWELL is terminated by the City Council pursuant to Article

D. of this Agreement while still willing and able to perform the

duties of City Administrator, CITY agrees to pay STILWELL a cash

payment equal to six (6) months of his then current base salary,

which shall include any accrued but not used vacation time and

the right to continue health insurance as may be required

pursuant to the Consol idated Omnibus Budget Reconciliation Act

of 1986 (COBRA). Said cash payment may be paid, at the option

of STILWELL, as follows: 1} lump sum upon date of termination;

2} on January 1 of the calendar year following termination; or

3} in six ( 6} equal monthly installments. Such payment shall

release the CITY from any further obligations under this

Agreement.

2. In the event STILWELL is terminated because of:

a. His conviction of any felony, or any crime

involving moral turpitude; or

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b. Any offense involving a violation of his

official duties; or

c. If the CITY determines that STILWELL has:

i. Misappropriated public funds; or

ii. Commingled public funds with his personal

funds; or

iii. Engaged in willful corrupt conduct in

office.

Then CITY shall have no obligation to continue the employment of

STILWELL or to pay the severance set forth in the above sub-

section E.l.

F. SALARY

1. The CITY agrees to pay STILWELL the sum of one

hundred and seventy six thousand five hundred dollars 11 lP, f;C'fb~

( S.lJ..6-,-5e-e ;DO) , in salary per annum, payable in installments at

the same time as other employees of the CITY are paid subject to

customary withholding.

2. Thereafter and subject to an annual evaluation of

performance in January, City Council may increase STILWELL'S

compensation by resolution without the need to amend this

Agreement.

G . AOT<»ffBILE

In recognition of the need for STILWELL to travel on

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City business from time to time, the CITY shall pay STILWELL the

sum of three hundred and fifty dollars ($350.00) per month as an

automobile allowance.

B. SUPPLEMEN'l'AL BENEFITS

1. The CITY shall provide STILWELL the same type and

extent of benefits as provided to the CITY'S other executive

management employees as such benefits may be amended from time

to time, except for the following:

a. STILWELL shall not be entitled to the

provisions of the Educational Incentive Pay Program (EIP}.

b. STILWELL shall not be afforded any benefits of

the Laborer's Union of North America/UPEC, Local 792 (or any

future or successor unions).

2. Notwithstanding the above-mentioned exceptions, all

other actions taken by the CITY relating to benefits for

executive management employees shall be considered actions

granting the same benefits to STILWELL. As used herein,

benefits include, but are not limited to, paid holidays,

retirement benefits and payments, health insurance, vision

insurance, dental insurance, and life insurance.

a. The CITY shall contribute eighty-five percent

(85%) of the full premium on behalf of STILWELL and his

qualified dependents for medical insurance available through the

CalPERS CHOICE program for the term of this Agreement until and

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unless otherwise amended between STILWELL and the CITY.

b. The CITY shall continue to provide dental and

vision coverage through the CITY'S current self-funded programs,

until and unless otherwise amended between STILWELL and the

CITY.

c. The CITY shall make a monthly contribution to

the CalPERS deferred compensation plan on behalf of STILWELL in

the amount of twenty-five dollars ($25.00) per month.

d. The CITY shall provide STILWELL eighty (80)

hours annual Administrative Leave per fiscal year on a pro-rata

basis. This leave must be taken during the fiscal year in which

it is earned. There will be no ability to carry over this leave

from one fiscal year to the next and there shall be no cash pay

off for any such unused leave.

e. The CITY shall make a monthly contribution to a

457 Deferred Compensation Account on behalf of STILWELL in the

amount of five hundred and fifty dollars ($550.00) per month.

f. The City's current retirement plan with CalPERS

for General Employees is 2% at age 55 (2%/55) . If and when the

CITY switches to a two tier system, STILWELL agrees to move to

the second tier, which is projected to be two percent at age 60

(2%/60).

I. PERFO~CE EVALUATION

The City Council shall annually evaluate the

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performance of STILWELL in the month of January. As part of

such annual performance evaluation, the City Council and

STILWELL will set written goals and objectives for the ensuing

year. In addition, STILWELL shall be provided a written report

of the City Council's evaluation, and STILWELL shall be given an

opportunity to confidentially discuss the evaluation with the

City Council in accordance with the Ralph M. Brown Act.

J . SURETY BOND

CITY and STILWELL agree that STILWELL shall maintain

on file with the CITY a faithful performance surety bond in the

principal amount of $100,000.00 or an amount as may from time to

time be determined by the City Council. Said bond premium shall

be paid by the CITY pursuant to the Carmel-by-the-Sea Municipal

Code.

K. BUSINESS EXPENSES

1. The CITY agrees to pay for reasonable City

related business expenses incurred by STILWELL in accordance

with City policy .

2. The CITY, recognizing that STILWELL is on call,

agrees to provide a City cellular telephone and, in addition,

pay for the monthly service charge and related City user

charges. The CITY and STILWELL acknowledge that STILWELL will

from time to time use the City-issued cellular telephone for

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personal business and as such agrees to reimburse CITY for all

personal calls within thirty (30} days of the City's receipt of

a cellular telephone bil l ing statement.

L. CONFERENCE, DOES 1 SUBSCRIPTIONS, MEMBERSHIPS

1 . The CITY shall pay for the travel and related

expenses of STILWELL as set forth in City Policy 2007-2 I which

may be amended from time to time by the CITY without STILWELL'S

consent. Expenses may include those incurred by STILWELL'S

representation on behalf of the CITY at the annual conference of

the League of California Cities, the City Manager's department

meetings of the League of California Cities, and STILWELL'S

attendance at such other conferences and meetings as may from

time to time be directed by the CITY.

2. The CITY shall pay such professional dues,

subscriptions and memberships in such organizations necessary

for STILWELL to maintain professional relationships in

appropriate national, regional, state and l ocal associations

desirable for continued professional growth, advancement and

benefit to CITY.

3. The CITY shall pay professional dues in the

International City/County Manager ' s Association, American

Society for Public Administration, and Government Finance

Officers' Association.

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M. OTHER TERMS AND CONDITIONS OF EMPLOYMENT

The City Council, by resolution, shall fix any other

terms and conditions of employment as it may determine from time

to time relating to the performance of STILWELL provided such

terms and conditions are not inconsistent with provisions of

this Agreement or the law.

N. NOTICES

Any notices required by this Agreement shall be in

writing and either given in person or by first class mail with

the postage prepaid and addressed as follows:

1. To CITY : City of Carmel-by-the-Sea City council

Attn: Mayor City of Carmel-by-the-Sea

City Hall p. 0 .. B.ox cc Carmel-by-the-Sea, CA 93921

2. To EMPLOYEE: Jason Stilwell P.O. Box cc Carmel-by-the-Sea, CA 93921

0. DISPUTE RESOLUTION

Should either party to this Agreement bring legal

action against the other (formal judicial proceedings,

mediation, or arbitration) the case shall be handled in Monterey

County, California, and the party prevailing in such action

- 10-

shall be entitled to reasonable attorney's fees which shall be

fixed by the judge or arbitrator hearing the case and such fees

shall be included in the judgment together with all costs.

P. ARM'S LENGTH NEGOTLATIONS

This Agreement has been negotiated "at arm's length"

and between persons sophisticated and knowledgeable in the

matters dealt with in this Agreement. Accordingly, any rule of

law (including California Civil Code Section 1654) or legal

decision that would require interpretation of the ambiguities in

this Agreement against the party that has drafted it is not

applicable and is hereby waived. The provisions of this

Agreement shall be interpreted in a reasonable manner to effect

the purposes of the parties to this Agreement.

Q. INDEMNIFICATION

The CITY shall defend, hold harmless and indemnify

STILWELL against any tort, professional liability claim, demand

or other legal action, whether groundless or otherwise, arising

out of an alleged act occurring in the performance of STILWELL'S

duties as City Administrator STILWELL. The CITY will pay the

amount of any settlement or judgment rendered thereon.

R. ENTIRE AGREEMENT

This Agreement is the final expression of the complete

-11-

agreement of the parties with respect to the matters specified

herein and supersedes all prior oral or written understandings.

Except as prescribed herein this Agreement cannot be modified

except by written mutual agreement signed by the parties .

S . ASSIGNHEN'.l'

This Agreement is not assignable by the CITY or by

STILWELL.

'1' • SEVERABIL I'l'Y

In the event that any provision of this Agreement is

held or determined to be illegal or void by reason of final,

non-appealable judgment, order or decision of a court having

jurisdiction over the parties, the remainder of the Agreement

shall remain in full force and effect unless the parts found to

be void are wholly inseparable from the remaining portion of the

Agreement.

U. COUNTERPARTS

This Agreement shall be executed simultaneously in two

counterparts and each of which shall be deemed an original, but

all of which together shall constitute one and the same

instrument.

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IN WITNESS WHEREOF, the City Council has caused this Agreement

to be signed and executed in its behalf by its Mayor and duly

attested by the City Clerk. It has also been executed by

STILWELL.

Date

CITY OF CARMEL-BY-THE-SEA

~ ~~ <J/11/; Sue McCloud~ MAYOR Date

-13-

FILE COPY FIRST AMENDMENT TO EMPLOYMENT AGREEMENT

CITY ADMINISTRATOR

This First Amendment to Employment Agreement ('•First Amendment") is entered into effective the 3rd day ofDecember 2013, by and between the CITY OF CARMEL-BY-THE SEA (the 11CITY") and JASON STILWELL ("STILWELL") for the purpose of amending the Employment Agreement between the CITY and STILWELL (the 11Parties11

) dated September 28, 20 II (the .. Agreement .. ).

The Parties agree as follows:

Modifications to Retirement Contributions

I. Section H(2)(f) of the Agreement is revised to read in its entirely as follows: "STILWELL is enrolled in the Tier I retirement plan with CalPERS (2% at age 55, FAS 1). STILWELL acknowledges that it was the intent of the parties to the Agreement that upon the CITY's adoption ofthe Tier II retirement plan with CalPERS (2% at age 60, FAS 3), which occurred in November 2012, that STILWELL would move to that Tier II plan which would result in a lower CITY contribution to CalPERS on behalf of STILWELL. STILWELL further acknowledges that the parties later determined that STILWELL would be unable to move to the Tier II plan due to restrictions under the laws and regulations governing CalPERS , resulting in the CITY contributing an amount to CalPERS on behalf of STILWELL in excess of what the parties intended, which amount is currently 2.39% of STILWELL's reportable compensation, and which percentage amount may increase or decrease from year to year (the "PERS Overpayment/Underpayment"). To recover this PERS Overpayment/Underpayment and to comply with the intent of the parties, STILWELL agrees that a) on or before the forty-fifth (45th) day after the City Council of the CITY approves this First Amendment, STILWELL will pay the CITY for the PERS Overpayment/Underpayment for the period from November 1, 2012 through October 31, 2013, which is equal to four thousand two hundred eighteen dollars ($4,218.00); 2) on or before January 15, 2014, STILWLL will pay the CITY for the PERS Overpayment/Underpayment for the period from November I, 20I3 through December 31, 2013, which is equal to $703.00; 3 effective the first pay period beginning in January 2014, STILWELL will pay the CITY for the PERS Overpayment/Underpayment by payroll deduction in an amount equal to 2.39% of his reportable compensation; and 4) in the event that an actuarial analysis performed by a CITY -engaged actuary or by CalPERS determines that the amount of the difference between the CITY's contribution for the Tier I plan and for the Tier II plan is other than 2.39%, the amount of the PERS Overpayment/Underpayment will be adjusted within sixty (60) days of this determination to reflect this actuarially determined contribution difference."

2. Add section H(2)(g) to read as follows: "As soon as practicable after the effective date of CITY's compliance with the provisions of Government Code section 20516 to allow unrepresented employees to pay a portion of the employer contribution toward CalPERS, STILWELL will contribute a portion of the required employer contribution through payroll deduction equal to 3% of his reportable compensation."

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DOCSOC/1644821 v4/1 02910-0001

Modifications to Compensation and Allowances

3. Section F(l) of the Agreement is revised to read in its entirely as follows: "The CITY agrees to pay STILWELL the sum of one hundred eighty-five thousand three hundred twenty-five dollars ($185,325.00), in salary per annum effective September 28, 2013, payable in installments at the same time as other employees of the CITY are paid subject to customary withholding."

4. Section G of the Agreement is revised to read in its entirely as follows: "In recognition of the need for STILWELL to travel on CITY business from time to time, the CITY shall pay STILWELL the swn of four hundred fifty dollars ($450.00) per month as an automobile allowance effective the first day of the pay period starting after the City Council of the CITY approves this First Amendment."

5. Section H(2)(e) of the Agreement is revised to read in its entirely as follows: "The CITY shall make a monthly contribution to a 457 Deferred Compensation Account on behalf of STILWELL in the amount of eight hundred fifty dollars ($850.00) per month effective the first day of the pay period starting after the City Council of the CITY approves this First Amendment."

6. Add section H(2)(h) to read as follows: "In light of increases in the job responsibilities of the City Administrator, and as an incentive toward future performance and retention, STILWELL will receive a one-time only five thousand dollar ($5,000.00) incentive/retention payment within forty-five (45) days after the City Council of the CITY approves this First Amendment."

7. Add section H(2)(i) to read as follows: "Upon STILWELL's submission of a written analysis in January 2014 reflecting, to the satisfaction of the CITY, that the CITY achieved its Key Initiatives and Goals, STILWELL will receive a one-time only performance incentive in such amount as may be determined in the sole discretion of the City Counsel, up to a maximum amount of eight thousand dollars ($8,000.00), payable within forty-five (45) days of the date the City Council receives the written analysis from STILWELL consistent with the terms of this provision."

Modification of Duties

8. Add new section 1(2) (numbering existing section I as I(l) to read as follows: "STILWELL acknowledges that it is the intent of the City Council to establish an annual performance pool for the senior management team, including the City Administrator, for calendar year 2014. Compensation adjustments, if any, for the senior management team will be based on the senior management team achieving the Key Initiatives and Goals for the CITY. The amount of the performance pool will be determined by the City Council. The allocation of such pool to the members of the senior management team based on the achievement of the Key Initiatives and Goals for the CITY will be determined in the discretion of the City Administrator."

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DOCSOC/164482 I v4/ l 02910-000 I

Modification of Term

9. Section B(l) of the Agreement is revised to read in its entirely as follows: "This Agreement and STILWELL's employment with the CITY shall terminate effective September 28, 2017 unless terminated earlier by either party in accordance with the provisions set forth in Article "D" of this Agreement, or until terminated by death or permanent disability of STILWELL."

No Further Changes.

10. Except as expressly provided above, the remaining terms of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the City Council has caused this First Amendment to be signed and executed in its behalf by its MAYOR. It has also been executed by STILWELL.

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DOCSOC/1 644821 v4/l 02910-0001

Jason Stilwell, City Administrator

I >

Date

CITY OF CARMEL-BY-THE SEA


Request No. 2014-44

Information Requested: Susan Paul CV and employment agreement


Mr. Stilwell:

Neil Shapiro

Jason Stilwell

Public Records Act Request

Friday, April 11, 2014 3:02:08 PM

On behalf of Transparency in Government and under the provisions of the Public Records Act I respectfully request access to and copies of (1) the resume or CV and any other writings that Susan Paul submitted to the City of Carmel -By-The-Sea ("Carmel") as part of her application for the position of Administrative Services Director, and (2) any contract between Ms. Paul and the City that governs or previously governed her employment as Administrative Services Director.

Although I believe that my request is clear, please feel free to let me know if you have any questions. Thank you for your anticipated courtesy and cooperation.

Neil Shapiro

Neil Shapiro Law Offices of Neil L. Shapiro 2100 Garden Road, Suite C Monterey, CA 93940 Telephone: (831) 372-3700 Facsimile: (831) 372-3701 nlshapiro@sbcglobal. net [email protected] www.nshapiro.com

Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of Neil L. Shapiro that may be confidential or privileged. This message, inclusive of any attachments, is intended for the use of the recipient(s) identified above only. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify the sender immediately and delete/destroy all copies of this transmission, or any portion thereof.

April21 , 2014



(831) 620-2000


Neil Shapiro Law Offices of NeilL. Shapiro 21 00 Garden Road, Suite C Monterey, CA 93940


Dear Mr. Shapiro:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act ("Records Request") request on April 11 , 20 14. 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 your Records Request seeks disclosable public records as to Topic No. 2 ("any contract between Ms. Paul and the City that governs or previously governed her employment as Administrative Services Director") and will make these records promptly available. Attached to this email is an electronic copy of the following non-exempt requested documents: City Employment Agreements with Susan Paul.

Please be advised that the City does not possess records responsive to Topic No. 1 of your Records Request ("the resume or CV and any other writings that Susan Paul submitted to the City of Carmel-By-The-Sea ("Carmel") as part of her application for the position of Administrative Services Director").



Very truly yours,

Jason Stilwell

9~ City Administrator

DATE AUTHOR

1. January City of Carmel 15, 2013 By The Sea

2. July 1, City of Carmel 2013 By The Sea

DOCSOC/1663234v 1/ 1029 10-0002


TO TYPE REASON FOR REDACTION OR WITHHOLDING

Redactions of "personal identifiers", including but not limited to

Personal Address, pursuant to: The California Constitution (Article I, Employment Section 1 ), See International Federation of Professional & Technical

Susan Agreement Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th Paul Administrative 319; See alsoACLUv. Deukmejian (1982) 32 Cal.3d 440; Evidence

Services Director 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 identifiers", including but not limited to

Personal Address, pursuant to: The California Constitution (Article I, Employment Section 1 ), See International Federation ofProfessional & Technical

Susan Agreement Engineers, Local 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th Paul Administrative 319; See alsoACLUv. Deukmejian (1982) 32 Cal.3d 440; Evidence

Services Director code section 1040 via Government Code Section 6254(k); and/or Government Code 6255, see Times Mirror Co. v. Superior Court (1991)

53 Ca1.3d 1325.

.,

-il .

' ,

EMPLOYMENT AGREEMENT AD~NISTRATIVE SERVICES DIRECTOR

. THIS AGREEMENT is between the CITY OF ~L-BY-T!fE-SEA ( 11 CITY") and sus-an Paul ( 11 EMPLOYEE") and is dated this \~ay of~ ~{<I~~ , 2013.

1. The CITY desires .to employ Susan Paul ?-S Administrative Services DiJ:·ec.tor for the City of Carmel-by-the-Sea .

2. Susan Paul desires to serve as Administrative Services Director for the City ·1of Carmel-by-the-Sea beginning on January 15, 201;3.

3. . The CITY ADMINISTRATOR, as appointing pQwer, and Susan Paul desire to agree in writing to the following terms and conditions for employment of Administrative Services Director: ·

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. DUTIES

A. CITY agrees to employ Susan Paul as Administrative Services Director of the City of Carmel-by-the-Sea. to perform the· functions and duties specified in the ·ordinances and resolut.:i.ons of the City, and to perform other legally permissible and proper duti~?S and functions as the CITY ADMINISTRATOR may from time to time assign. .

B. EMPLOYEE shall perform his/her duties to the best of her/her ability in accordance with the highest professional and ethical standards of the . profession and shall comply with all rules and xegulations established by the City,

c. EMPLOYEE shall not engage in any activity, which is or may become a conflict of interest prohibited contract; or which may create an _incompatibility of office as defined under California law, Prior to performing any service under this Agreement and annually thereafter, EMPLOYEE -shall complete -and file all disclo.sU:re forms re~ired by law.

2 • . TERM

A. The term of this Agreement shall be from the date of execution hereof by the parties until terminated by either party · in accordance with the provisions set forth in paragraph 3., or until terminated by the event of the death or permanent disability of EMPLOYEE. '

Page 1 of 7

B. EMPLOYEE ag.re~s to remain in the ~xclusive employ of the CITY during the term of this agreement. However, EMPLOYEE may engage in occasional teaching, writing, or consulting performed on EMPLOYEE'S time o~f so long as such activities do not either interfere with EMPLOYEE's . performance of his/her duties hereunder, or conflict with EMPLOYEE'S obligation to the CITY. EMPLOYEE agrees that such activities are to be subject to . prior approval of the CITY ADMINISTRATOR.

3 • RO'O'RS 07!' WORK

A. It is recognized that EMPLOYEE must devote a great deal of time outside normal business hours to the business of the CITY, and to that end EMPLOYEE ·will work a flexible work schedule as determined and agreed to between the EMPLOYEE and the CITY ADMINISTRATOR.

4. RESIGNATION ANJ;l TE:RMINATION

A. EMPLOYEE may · resign at any time upon providing CITY ADMlNISTRATOR with at least · thirty (30) days advance written notice of the effective date of resignation.

B. CITY ADMINISTRATOR may at any time terminate ~PLOXEE upon thirty (30) days advance written notice .

C. The parties recognize and affirm that:

1) EMPLOYEE is an "at will" employee whose employment may be terminated by the CITY ADMINI STRATOR without cause or right of appeal; and

2} There i s no express or implied promise made to EMPLOYEE for any fo:r.m of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between EMPLOYEE and the CITY.

5 • SEVERANCE PAY

A. Except as provided in paragraph 5 .B. of this Agreement, . if EMPLOYEE is terminated by the CITY ADMINISTRATOR while still ·willing and able to perform the duties of Administrative Services Director, CITY agrees to pay EMPLOYEE a cash payment equal to 12 0 days of the then current, aggregate salary. Said . cash payments may be paid, at the option of the EMPLOYEE in: 1) lump sum upon date of termination; 2) lump sum on January 1 of the calendar year fo11owing termination; or 3) four equal

Page 2 of 1

monthly installments. Such payment shall release t ·he CITY from any further obligations under this Agreement.

B. In · the event EMPLOYEE is terminated because of his/her conviction of any felony, or any cri~e involving moral turpitude, or any offense involving a violation of his/her official duties or if the CITY ADMINISTRATOR determines that the EMPLOYEE ha.s: 1) misappropriated public funds; 2) commingled public funds with his/her per.son~l funds; 3) engaged in willful corrupt conduct in office; or 4) conducted himself/herself in a manner to be determined as conduct that constitutes mis conduct according to the CITY'S personnel rules, the CITY shall have no ·obligation to continue employment of EMl?LOY.I!:E or to pay severance as set forth in paragraph S.A. of this Agreement.

6. SAIJ't.RY

A . The CITY agrees to pay EMI?L.OYEE $145,000 in salary per annul)'l for her services, payable in installments at the same time as other employees o.f the CITY are pa.id, and subject to customary withholding.

B. The EMPLOYEE's salary will be reviewed within the first six months of employment (July 2013) for potential adjustment based on perforrna~ce.

C. The EMPLOYEE's salary may also be adjusted based on adjustments to the City's Salary Structure.

D., Thereafte·r and subject to an evaluation of performance on the performance review, the CITY ADMTNISTRA~OR may increase EMPLOYEE'S compensation without the need to amend this Agreement.

· 7 , AU1'0MOBILJ!1 ALLOWANCE

A. 'I'he CITY agrees to pay EMJ(LOYEB · .$4:25 · per month automobile allowance to cover .e.xpenditure.s related to utilization of a personal vehicle while conducting City business.

Page 3 ofY7

8 . SUPPLEMENTAL BENEFITS

A. The CITY shall provide EMPLOYEE with the same type and extent of · benefits as provided to the CITY'S other management employees as such benefits may be amended from time to time except for the following:

1. The CITY shall contribute the equivalent of 85% of the CalPERS CHOICE premium on behalf of the EMPLOYEE and her qualified de:pende.nts for medi'cal insurance available through the CalPERS Health Insurance Program ·. The EMPLOYEE shall be able to choose· insurance benefits from all available CalPERS Health plans including PPO Plans · for the term of this Agreement unless otherwise amended by the CITY ADMINISTRATOR and EMPLOYEE.

2. The CITY shall provide dental and vision .coverage through the CITY( S current se.lf-funded programs , until and unless otherwise amended .. . be-tween the CITY ADMINISTRATOR and EMPLOYE:l!:.

3. EMPLOYEE shall accrue eight (8) hours per month of sick leave, subj13ct to the. Carmel-by-the-Sea Municipal Code Sections 2 . 52.660 through 2.52.685.

4. Employee shall accrue Vacation Leave in accordance with the City's plan.

5. EMPLOYEE shall be entitled to eighty (.80} hours of annual Management Leave per fiscal year. This leave must be taken during the fiscal yaar in which it is earned. There will be no ability to carry over this leave from one fiscal year to the next and there shall be no cash pay off for any ·such unused leave.

B. With the above exceptions all other actions taken by the CITY ADMINISTRATOR relating to benefits for executive management employees shall be considered actions granting the same benefits to EMPLOYEE. As used herein benefits include but are not limited to paid holidays .and administrative leave, retirement benefits and payments, health insurance, vision insurance, dental insurance and life insurance.

C. EMPLOYEE is entitled to $1, 000 per year tuition reimbursement upon the prior approval of the City Administrator in pursuit of a Bachelor or Masters degree. EMPLOYEE must submit a receipt· of the .tuition payment and aohiev.e a passing grade of C or better to receive the tuition reimbursement.

Page 4 of 1

9. DEFERRED COMPENSATION CONTRIB~ION

The City shall make a $200 per. pay period contribution to a 457 Plan of the EMPLOYEE 1 s choice.

10. PERFORMANCE EVALt1A'l"ION

A. CITY ADMINISTRATOR shall evaluate . EMPLOYEE'S performance at least annually, As part o·f such annual performance evaluation the CITY ADMINISTRATOR and EMPLOYEE s~all set goals and objectives for the ensuing year.

11. RELOCA'l'~ON ASSISTANCE

A. CITY agrees to pay EMPLOYEE -actual costs not to exceed $5,000 to offset all costs EMPLOYEE incurred in relocating herself to the Carmel - bythe-Sea area. Such payment shall be made within thirty (30) . days of

· EMPLOYEE 1 S start of work.

12, BUSINESS EXPENSES

A, CITY agrees to pay for reasonable CITY-related business expenses incurred by EMPLOYEE in accordance with CITY policy .

13. DUES, SUBSCRI~'l'.IONS; · MEMBERSHIPS

A. CITY . 'shall · pay such . professional dues, subscriptions and memberships in such organizations necessary for EMPLOYEE to maintain professional relationships in appropriate national, regional 1 state and local associations desirable for continued professional growth 1

advancement and benefit to CITY.

14 • NOTJ:CES

A. Any n0tices required by this Agreement shall be in writing and either given in person or by first-class mail with tb~ postage prepaid and addressed as follows;

TO CITY: Jason Stilwell City Administrator City of Carmel-by-the-Sea City Hall P .O • . Drawer CC Carmel-by-the-Sea, CA 93921

Page 5 of 1J

. . ,

TO EMPLOYEE : Susan Paul

A. Should either party to this Agreement bring legal action against the other (formal judicial prooeedings 1 mediation or arbitration) the case shaJ.l be handled in Monterey CoUnty, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing .the case and such fee shall be included in the judgment together with all costs.

16. ARM'S LENGTH NEGOTIATIONS

A. This Agreement · has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any ruie· o·f law (inc-luding .California Civil Code §1654) or legal decision that would require interpretation of the ruooignities in' this Agreement against the party that has drafted it is not applicable and is hereby waived. The provisions of this . Agreement shall pe interpr·eted in a reasonable manner to effect the purposes of the parties in this Agreement.

17. DUTY TO DEFEND

A. Upon request of EMPLOYEE, and subject to the provisions of California· Government Code sections 995.2 and 995.4 , CITY shall defend EMPLOYEE in any civil action or proceeding brought against him/her I in his/her. official or individual capacity or bothJ on account of an act or omission in the scope of his/her employment as an employee with CITY except for civil, criminal or administrative action initiated by EMPLOYEE.

18. ENTIRE AGREEMENT

A. This Agreement is the final expression of the complete agreemrult of the parties with respect to the matters specified herein and supersedes all prior oral or written understandings . ·Except as prescribed herein this· Agreement cannot be modified except by written mutual agreement

·signed by the parties.

. Page 6 of V

19. ASSIGNMENT

A. This Agreement is not assignable by either the CI TY or the EMPLOYEE.

20. SEVERABILITY

A. .J:n the event that any proVJ.s~on of this Agreement is held or determined to be illegal or void by reason of final, non-appealable . judgment, order or decision of a c~urt having jurisdiction over parties, the remainder of the Agreement shall remain in full f~rce and·· effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement .

21. COUNTltRPAn'l'S

A. This Agreement shall be executed simultaneously in two counterparts and each of which shall be deemed · an original, but all of which together shall constitute one and the same instrument .

IN WITNESS WHEREOF this Agreement is signed and executed and duly held attested by the City Clerk, the CIT"¥ ADMINISTRATOR, and EMPLOYEE .

CITY OF CARMEL-BY-THE-SEA . · I

- C-~ CITY'ADMINISTRATOR

Page 7 of "V

EMPLOYMENT AGREEMENT ADMINISTRATIVE SERVICES DIRECTOR

THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and Susan Paul ("EMPLOYEE") and is dated this 1 day of July, 2013.

1. The CITY desires to employ Susan Paul as Administrative Services Di rector for the City of Carmel-by-the-Sea.

2 . Susan Paul desires to serve as Administrative Services Director for the City of Carmel-by-the-Sea beginning on January 15, 2013.

3. The CITY ADMINISTRATOR, as appointing power, and Susan Paul desire to agree in writing to the following terms and conditions for employment of Administrative Services Director.

4. This Agreement supersedes any other employment agreement between Susan Paul and the City of Carmel-by-the-Sea.

NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS:

AGREEMENT

1. DUTIES

A. CITY agrees to employ Susan Paul as Administrative Services Director of t he City of Carmel-by-the-Sea to perform the functions and duties specified in the ordinances and resolutions of the City, and to perform other legally permissible and proper duties and functions as the CITY ADMINISTRATOR may from time to time assign.

B. EMPLOYEE shall perform his/her duties to the best of her/her ability in accordance with the highest professional and ethical standards of the profession and shall comply with all rules and regulations established by the City.

C. EMPLOYEE shall not engage in any activity, which is or may become a conflict of interest prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any service under this Agreement and annually thereafter, EMPLOYEE shall complete and file all disclosure forms required by law.

2 . TERM

A. The term of this Agreement shall be from July 1, 2013 until terminated by either party in accordance with the provisions set forth in

Page 1 of 7

paragraph 3. 1 or until terminated by the event of the death or permanent disability of EMPLOYEE.

B. EMPLOYEE agrees to remain in the exclusive employ of the CITY during the term of this agreement. However 1 EMPLOYEE may engage in occasional teaching 1 writing, or consulting performed on EMPLOYEE'S time off so long as such activities do not either interfere with EMPLOYEE'S performance of his/her duties hereunder, or conflict with EMPLOYEE'S obligation to the CITY. EMPLOYEE agrees that such activities are to be subject to prior approval of the CITY ADMINISTRATOR.

3 . HOURS OF WORK

A. It is recognized that EMPLOYEE must devote a great deal of time outside normal business hours to the business of the CITY, and to that end EMPLOYEE will work a flexible work schedule as determined and agreed to between the EMPLOYEE and the CITY ADMINISTRATOR.

4. RESIGNATION AND TERMINATION

A. EMPLOYEE may resign at any time upon providing CITY ADMINISTRATOR with at least thirty (30) days advance written notice of the effective date of resignation.

B. CITY ADMINISTRATOR may at any time terminate EMPLOYEE upon thirty (30) days advance written notice.

C. The parties recognize and affirm that:

1) EMPLOYEE is an "at will" employee whose employment may be terminated by the CITY ADMINISTRATOR without cause or right of appeal; and

2) There is no express or implied promise made to EMPLOYEE for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between EMPLOYEE and the CITY.

5 . SEVERANCE PAY

A. Except as provided in paragraph 5.8. of this Agreement, if EMPLOYEE is terminated by the CITY ADMINISTRATOR while still willing and able to perform the duties of Administrative Services Director, CITY agrees to pay EMPLOYEE a cash payment equal to 120 days of the then current, aggregate salary. Said cash payments may be paid, at the option

Page 2 of 7

of the EMPLOYEE in: 1) lump sum upon date of termination; 2) lump sum on January 1 of the calendar year following termination; or 3) four equal monthly installments. Such payment shall release the CITY from any further obligations under this Agreement.

B. In the event EMPLOYEE is terminated because of his/her conviction of any felony, or any crime involving moral turpitude, or any offense involving a violation of his/her official duties or if the CITY ADMINISTRATOR determines that the EMPLOYEE has: 1) misappropriated public funds; 2) commingled public funds with his/her personal funds; 3) engaged in willful corrupt conduct in office; or 4) conducted himself/herself in a manner to be determined as conduct that constitutes misconduct according to the CITY'S personnel rules, the CITY shall have no obligation to continue employment of EMPLOYEE or to pay severance as set forth in paragraph 5.A. of this Agreement.

6 . SALARY

A. The CITY agrees to pay EMPLOYEE $155,450 in salary her services, payable in installments at the same employees of the CITY are paid, and subject withholding.

per annum for time as other to customary

B. The EMPLOYEE's salary may be adjusted based on adjustments to the City's Salary Structure.

C. Thereafter and subject to an evaluation of performance on the performance review, the CITY ADMINISTRATOR may increase EMPLOYEE'S compensation without the need to amend this Agreement.

7 . RETIREMENT

A. Employee will pay up to 8% of the member (employee) contribution for retirement.

B. Employee will pay 3% of the employer contribution for retirement.

8. AUTOMOBILE ALLOWANCE

A. The CITY agrees to pay EMPLOYEE $484 per month automobile allowance to cover expenditures related to utilization of a personal vehicle while conducting City business.

9. SUPPLEMENTAL BENEFITS

Page 3 of 7

A. The CITY shall provide EMPLOYEE with the same type and extent of benefits as provided to the CITY'S other management employees as such benefits may be amended from time to time except for the following:

1. The CITY shall contribute the equivalent of 85% of the CalPERS CHOICE premium on behalf of the EMPLOYEE and her qualified dependents for medical insurance available through the CalPERS Health Insurance Program The EMPLOYEE shall be able to choose insurance benefits from all available CalPERS Health plans including PPO Plans for the term of this Agreement unless otherwise amended by the CITY ADMINISTRATOR and EMPLOYEE .

2. The CITY shall provide dental and v2s2on coverage through the CITY'S current self-funded programs, until and unless otherwise amended between the CITY ADMINISTRATOR and EMPLOYEE.

3. EMPLOYEE shall accrue eight ( 8) hours per month of sick leave, subject to the Carmel-by-the-Sea Municipal Code Sections 2. 52. 660 through 2.52.685 .

4. Employee shall accrue sixteen (16) hours per month of vacation leave.

5. EMPLOYEE shall be entitled to eighty ( 8 0) hours of annual Management Leave per fiscal year. This leave must be taken during the fiscal year in which it is earned. There will be no ability to carry over this leave from one fiscal year to the next and there shall be no cash pay off for any such unused leave.

B. With the above exceptions all other actions taken by the CITY ADMINISTRATOR relating to benefits for executive management employees shall be considered actions granting the same benefits to EMPLOYEE. As used herein benefits include but are not limited to paid holidays and administrative leave, retirement benefits and payments, health insurance, vision insurance, dental insurance and life insurance.

C. EMPLOYEE is entitled to $1, 000 per year tuition reimbursement upon the prior approval of the City Administrator in pursuit of a Bachelor or Masters degree. EMPLOYEE must submit a receipt of the tuition payment and achieve a passing grade of C or better to receive the tuition reimbursement.

Page 4 of 7

10. DEFERRED COMPENSATION CONTRIBUTION

The City shall make a $350 per pay period contribution to a 457 Plan of the EMPLOYEE's choice.

11. PERFORMANCE EVALUATION

A. CITY ADMINISTRATOR shall evaluate EMPLOYEE'S performance at least annually. As part of such annual performance evaluation the CITY ADMINISTRATOR and EMPLOYEE shall set goals and objectives for the ensuing year.

12. RELOCATION ASSISTANCE

A. CITY agrees to pay EMPLOYEE actual costs not to exceed $5,000 to offset all costs EMPLOYEE incurred in relocating herself to the Carmel-bythe-Sea area. Such payment shall be made within thirty (30) days of EMPLOYEE'S start of work.

13. BUSINESS EXPENSES

A. CITY agrees to pay for reasonable CITY-related business expenses incurred by EMPLOYEE in accordance with CITY policy.

14. DUES, SUBSCRIPTIONS, MEMBERSHIPS

A. CITY shall pay such professional dues, subscriptions and memberships in such organizations necessary for EMPLOYEE to maintain professional relationships in appropriate national, regional, state and local associations desirable for continued professional growth, advancement and benefit to CITY.

15. NOTICES

A. Any notices required by this Agreement shall be in writing and either given in person or by first-class mail with the postage prepaid and addressed as follows :

TO CITY: Jason Stilwell City Administrator

Page 5 of 7

TO EMPLOYEE:

16. DISPUTE RESOLUTION

City of Carmel-by-the-Sea City Hall P.O. Drawer CC Carmel-by-the-Sea, CA 93921

Susan Paul

A. Should either party to this Agreement bring legal action against the other (formal judicial proceedings, mediation or arbitration) the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney's fee which shall be fixed by the judge, mediator or arbitrator hearing the case and such fee shall be included in the judgment together with all costs.

17. ARM' S LENGTH NEGOTIATIONS

A. This Agreement has been negotiated at arm's length and between persons sophisticated and knowledgeable in the matters dealt with in this Agreement. Accordingly, any rule of law (incl uding California Civil Code §1654) or legal decision that would require interpretation of the ambiguities in this Agreement against the party that has drafted it is not applicable and is hereby waived. The provisions of this Agreement shall be interpreted in a reasonable manner to effect the purposes of the parties in this Agreement.

18 . DUTY TO DEFEND

A. Upon request of EMPLOYEE, and subject to the provlslons of California Government Code Sections 995.2 and 995.4, CITY shall defend EMPLOYEE in any civil action or proceeding brought against him/her, in his/her official or individual capacity or both, on account of an act or omission in the scope of his/her employment as an employee with CITY except for civil, criminal or administrative action initiated by EMPLOYEE.

19. ENTIRE AGREEMENT

A. This Agreement is the final expression of the complete agreement of the parties with respect to the matters specified herein and supersedes

Page 6 of 7

all prior oral or written understandings. this Agreement cannot be modified except signed by the parties.

20. ASSIGNMENT

Except as prescribed herein by written mutual agreement

A. This Agreement is not assignable by either the CITY or the EMPLOYEE.

21. SEVERABILITY

A. In the event that any provision of this Agreement is held or determined to be illegal or void by reason of final, non-appealable judgment, order or decision of a court having jurisdiction over parties, the remainder of the Agreement shall remain in full force and effect unless the parts found to be void are wholly inseparable from the remaining portion of the Agreement.

22. COUNTERPARTS

A. This Agreement shall be executed simultaneously in two counterparts and each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF this Agreement is signed and executed and duly held attested by the City Clerk, the CITY ADMINISTRATOR, and EMPLOYEE.


-cnr _C_I_T_Y_A_D_M_Jl\1-f ,..~-'"

EMPLOYt.:E

Page 7 of 7


Request No. 2014-45

Information Requested: (1) any writings submitted to an agent of the City by Stilwell or Ms. Paul in connection with your respective applications for employment, (2) for any writings between Stilwell and the agent and between Ms. Paul and the agent that constituted a part of your respective employment applications, and (3) for any writings between that agent and the City regarding those applications.

From: To: Cc: Subject: Date: Attachments:

Mr. Stilwell:

Neil Shaoiro Jason Stilwell

Yvette Oblander

Re: Public Records Act Request

Tuesday, April 22, 2014 11 :56:35 AM

Resoonse Packet (2014-43).pdf ATTOOOOl.txt

Thank you for your timely responses to my client's Public Records Act requests. Your responses to both requests state that the City has no "resume, CV or other writing that" you or Susan Paul "submitted to the City . . . as part of" your applications for your respective positions. May I ask you to clarify whether your statement is meant to convey (1) that neither of you submitted any writings of any kind to the City in connection with your applications for your respective positions, (2) such writings were submitted but that the City retains no copies, or (3) that such writings were submitted, but to an agent of the City -such as an executive search firm - rather than directly to the City.

If the third possibility is what occurred, it is my position that the City has the right to control the disposition of such writings and they would be covered by the requests of April 11, 2014. Lest there be any question, please consider this email as a further request under the Public Records Act for (1) any writings submitted to an agent of the City by you or Ms. Paul in connection with your respective applications for employment, (2) for any writings between you and the agent and between Ms. Paul and the agent that constituted a part of your respective employment applications, and (3) for any writings between that agent and the City regarding those applications.

Thank you for your anticipated courtesy and cooperation.

Neil Shapiro On Apr 21, 2014, at 6:25PM, Jason Stilwell <[email protected]> wrote :

> Mr. Shapiro, please see the attached response to your request. Please let me know if I can provide any additional information. Jason > > -----Original Message-----> From: Neil Shapiro [mai lto:[email protected]] > Sent: Friday, April 11, 2014 2:49 PM > To: Jason Stilwell > Subject: Public Records Act Request > > Mr. Stilwell: > > On behalf of Transparency in Government and under the provisions of the Public Records Act I respectfully request access to and copies of (1) the resume or CV and any other writings that you submitted to the City of Carmel-By -The-Sea ("Carmel") as part of your application for the position of City Administrator, and (2) the contracts between you and the City that govern or previously governed your employment as City Administrator. > > Although I believe that my request is clear, please feel free to let me know if you have any questions. Thank you for your anticipated courtesy and cooperation. > > Neil Shapiro > > > > Neil Shapiro > Law Offices of Neil L. Shapiro > 2100 Garden Road, Suite C > Monterey, CA 93940

> Telephone: (831) 372-3700 > Facsimile: (831) 372-3701 > [email protected] > [email protected] > www.nshapiro.com > > > Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of Neil L. Shapiro that may be confidential or privileged. This message, inclusive of any attachments, is intended for the use of the recipient(s) identified above only. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this transmission in error, please notify the sender immediately and delete/destroy all copies of this transmission, or any portion thereof. > > > >

Yvette Oblander

From: Sent: To:

Jason Stilwell Friday, May 02, 2014 1 :32 PM Neil Shapiro

Subject: RE: Public Records Act Request Attachments: Response Letter (2014-45).docx; Carmel.doc

Mr . Shapiro : please see the attached correspondence in response to your request below.

Jason -------------------------------------From: Neil Shapiro [[email protected]] Sent: Tuesday, April 22, 2014 11:53 AM To: Jason Stilwell Cc : Yvette Oblander Subject: Re: Public Records Act Request

Mr. Stilwell :

Thank you for your timely responses to my client's Public Records Act requests . Your responses to bot h requests state that the City has no "resume, CV or other writing that'' you or Susan Paul "submitted to the City . . . as part of" your applications for your respective positi ons. May I ask you to clarify whether your statement is meant to convey (1) that neither of you submitted any writings of any kind to the City in connection with your applications for your respective positions , (2) such writings we re submitted but that the City retains no copies, or (3) that such writings were submitted , but to an agent of the City - such as an executive search firm - rather than directly to the City.

If the third possibility is what occurred, it is my position that the City has the right to control the disposition of such writings and they would be covered by the requests of April 11, 2014 . Lest there be any question, please consider this email as a further request under the Public Records Act for (1) any writings submitted to an agent of the City by you or Ms . Paul in connection with your respective applications for employment, (2) for any writings between you and the agent and between Ms . Paul and the agent that const ituted a part of your respect ive employment applications , and (3) fo r any writings between that agent and the City regarding those applications .

Thank you for your anticipated courtesy and cooperation .

Neil Shapiro On Apr 21, 2014, at 6:25 PM, Jason Stilwell <[email protected]> wrote :

> Mr . Shapiro, please see the attached response to your request. Please > let me know if I can provide any additional information. Jason > > -- ---Original Message-----> From: Neil Shapiro [mailto:nlshapiro@sbcglobal . net ] > Sent: Friday, April 11, 2014 2 :49 PM > To: Jason Stilwell > Subject : Public Records Act Request > > Mr . Stilwell : > > On behalf of Transparency in Government and under the provisions of the Public Records Act I respectfully request access to and copies of (1) the resume or CV and any other writings that you submitted to the City of Carmel-By-The-Sea ("Carmel") as part of your application

1

for the position of City Administrator, and (2) the contracts between you and the City that govern or previously governed your employment as City Administrator. > > Although I believe that my request is clear, please feel free to let me know if you have any questions . Thank you for your anticipated courtesy and cooperation . > > Neil Shapiro > > > > Neil Shapiro > Law Offices of Neil L. Shapiro > 2100 Garden Road, Suite C > Monterey, CA 93940 > Telephone: (831) 372-3700 > Facsimile: (831) 372-3701 > [email protected] > nshapiro@nshapiro . com > www.nshapiro . com > > > Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of Neil L. Shapiro that may be confidential or privileged. This message, inclusive of any attachments, is intended for the use of the recipient(s) identified above only. If you are not an intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited . If you have received this transmission in error, please notify the sender immediately and delete/destroy all copies of this transmission, or any portion thereof . > > > >

2

May 2, 2014



(831) 620-2000


Neil Shapiro Law Offices of NeilL. Shapiro 21 00 Garden Road, Suite C Monterey, CA 93940


Dear Mr. Shapiro:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act request on April22, 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 the City does not possess records responsive to your Records Request. ("(1) any writings submitted to an agent of the City by you or Ms. Paul in connection with your respective applications for employment, (2) for any writings between you and the agent and between Ms. Paul and the agent that constituted a part of your respective employment applications, and (3) for any writings between that agent and the City regarding those applications.") In response to your request for clarification regarding your previous public records requests made on April 11 , 2014, the City confirms that resumes, CVs or other writings were submitted by myself and Ms. Susan Paul as part of an application for our respective positions but were not retained by the City.

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, ifyou have knowledge of a specific document which has not been provided in response to your request, please notify us and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254. If you are aware of any legal authority that would require disclosure of documents in addition to those identified above, please advise the undersigned and the City will reconsider its position accordingly.


Very truly yours,

Jason Stilwell

(9~-<-+--4 City Administrator


Request No. 2014-46

Information Requested: Could you please tell me who the contractor and architect including the company name and contact person are for this project demolishing 977 sq ft SFD built in 1936 to build New SFD. The address of the project is: Mission Street. The parcel number is: 010-087-016-000.

From: Jason Stilwell Subject: FW: Public Records Request.doc

Wednesday, May 07, 2014 5:14:55 PM Date:

From: Steve Kelllly [mailto:[email protected]] Sent: Sunday, April27, 2014 10:07 AM To: Marialllle 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 977 sqft SFD built in 1936 to build New SFD

The address of the project is: Mission Street

The parcel number is: 010-087-016-000

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.

Thank you very much!

Steven M Kelllly Construction Insider 831-331-6327 [email protected]<mailto:[email protected]>

The address of the project is: Santa Fe Street



Please reference the job site address with your reply .


Steven M Kenny

Construction Insider

831-331-6327

[email protected]

Public Records Act

GOVERNMENT CODE SECTION 6250-6270

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 thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of

2

The address of the project is : Santa Fe Street


could you please tell me who the contractor and architect are for this project~ including the company name and contact person?



Steven M Kenny


831-331-6327

[email protected]

Public Records Act


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 agencyn includes a county; city~ whether general l aw 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

2

Associated Pccnits

Property Owner

Mailing Address

Email Address

Exact Location

CITY OF CARMEL BY THE SEA DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

APPLICATION FOR RESIDENTIAL DESIGN STUDY

Fee Receipt Date

Application No.

$ /47t;,a:J

ri't!{f •

-:Cw..r.:.:h ,....=..;.;\c.:...:.:s~\t~=..:..'.:.::<-~~---------'Phone ( 0 ~ l) 't'l- ~ ""' ~ _.:..;.P'..;...;D';..:6:.=. • ...!..Y~~~04;.:.;:.._ ____ City, State, Zip Me>~-l-U't1 C/r '\~~2-

c.1?b '\lt~8""'"'' c.o~ Fax

SM\f?. FY ~tuc.+ 1 ''lll- 4:'01.r9~ d"~"' {1-olM ~~/tv~. "~~" w~~i;

~ lc:IC:.

Assessor's Parcel No. C l 0 - () 6 3 ~ "o ~ ~ OD o

Date 111dJVidu'4l to receive Q/1 correspo1tdence tmd apnt:/lls reglll'dhrg thia appllcQtUm:

NamcofContact Mc.YY'Itt H*"le'1 pt.f\t< l>~~~'-1 D.t,.vi., Phone (851) ;73 -2.1~>4: )1..0'5 p~~i

' MailingAddress 2-6& ~~ Dn-Acle~ t7hrc.t p

City, State, Zip Mp&b-u'1 Ur '11z~ 4 o Fu

Email Adc~Rss ~ VY•t-l-~ [>AA=Ld.~~ik'f·lo"-'

~Mc.ff-~ /u.f~ 2DJf Siea§fe~tative · Date

TRACK ONK-.ADMINISTRATIVE DESIGN REVIBW PJ:RM1T

0 Feace~IDII wa1ll 0 SkyfiabaaldoontlwiDdowalebillmoya 0 Si1e co~ing cbaDge 0 MiDor lltlntioa10 an hiseoric ftiiOW'Ce

0 AddiCiaas or albation& (DOt iDc%easiDg fiXiating beiPt aad floor aea by 11101"0 1ban 10%)

0 Extai« matllrial .. B ~to Permit#, __

Deecriptiou

TRACK TWo--RESIDENTIALDUl~ STUDY PDMIT

G( New dRlliDg 0 Sutmaatia1 altention 0"" Demolition 0 Revision 1D IPJK'(Mid deaip #. __ _

B Project involves removal Ddlat sipifiamt limb or root cat1iDa of tripificant at modcntcly aipific:at 1rcc1 Project iJwolves I:DOI:e 1han a miDor alteradon to an historic resotii'CC {per CMC 17 .32.15)

Dcecription y~IAJ ruj~U\(f, clc.h.r.JtcJ ·9*"' w owst ko&.t..t<.

Aasipcd S1aft'Mombu --

Dedaion Maker: 0 Staff

Rcmo4 10-1-04

Action ------ l>tdeof Action E' ·eo REG v OPC

FEB 1 0 2014 Cttv of Cormel~by-the-Seo Planning & Building Dept.

- -- - ---------~.~, -- --- ---- -.. -- -- - - ---

. - ----Original Message---- -

. From: Steve Kenny [mailto :[email protected]] Sent : Sunday, April 27, 2e14 1e:e7 AM To: Marianne Grover Subject: Public Records Request.doc

Hi Mary Ann

Pursuant to the California Public Records Act, Government Code Section 62Se-627e (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.


I Project Description: Demolishing 796 sqft SFD built in 1939 to build New SFD

1


' The parcel number is: 919-953 -993-999




Steven M Kenny


831-331-6327

[email protected]

Public Records Act


6259. 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; city1 whether general law or

chartered; city and county; school district; municipal corporation; district; political subdivision; or any board 1 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

2

May 7, 2014



(831) 620-2000

VIA ELECTRONIC MAIL to: [email protected]

Steven M. Kenny Construction Insider Phone: (831) 331-6327


Dear Mr. Kenny:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act request on April27, 2014 ("Records Request"). This response is sent on my authority as City Administrator.

In accordance with the requirements of the California Public Records Act ("CPRA"), the City has determined that your Records Request seeks disclosable public records and will make these records promptly available. Attached to this email is an electronic copy of responsive non-exempt records. Please be advised that in the event the City has redacted certain responsive records pursuant to the CPRA exemptions, they are listed on the accompanying redaction log.

Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, we believe our search is quite thorough. However, if you have knowledge of a specific document which has not been provided in response to your request, please notify us and we will be happy to provide the document(s) to you unless, of course, it is exempt from disclosure pursuant to Government Code 6254. If you are aware of any legal authority that would require disclosure of records in addition to those identified above, please advise the undersigned and the City will reconsider its position accordingly.


Very truly yours,

Jason Stilwell


Propaty Owner

M.ailins Address

Email Addras


APPUCATION FOR RESIDENTIAL DESIGN STUDY

Fee Receipt Date

Application No.

s I J/. Zt; ,a:;

Milft

------------------~-s~+.. ~ .,ftu.f I 6-t»- ~01lk. d.l\lh ~IlK ~-!!!.. Av... Oil' L'Jt,t

.-;edc. A--.or's hrcd No. b l D- () t6 ~ • ""~ - tJD 0

J,_e\. 14 Zo 11 Date

&u~i~"-•"'' to rtetdt~e fl11 COrt'Cf/NJIIdence 11111llll8i tda.t regt.rrtlbrf tlrU appbtltm:

Name of Contact Me.rv·att Jl..., le1 pt-t'\< '-."'"1 Qui~ Phone [851) ~1 S -l~t)4: )'2.0~ ~k· .

MailillgAddxas 18! pl Du·A.l, 4~a.t tp

City, ~Zip Mft!itrt-'1 llr ll!z"'14 o Fu

Bmai1 AddR:rs tMyY•tf'~ f.P.l~pvhv:t"'f·lo~

~~... .)No.~ t .. ~ TltACKO~TIV&JtJ:SIGNa&VIBWI'Imlll'

§ P.-IDII..U. 0 ~~ • B Exteriarmlledllcllqe Sile~dllltse 0 MilalfllndalltoanllillfiJiic:..... ~tol'caaitf Adcfifbas oralterMiou (DOt fac:nwita ailciDJJieisfJtaloar .. by~~~~xediiD I"') ~ ·--

ri(Nowawcllial 0 Bulwnti"llllcndoD {;!(Drt~»tfljan 0 lteriliooto~PSWovod4ellpt. __ _

8 Project mvotw.s remowl..Vr~~.tfpfli<d Blab or mot c:attma af•ifioent ar moclerlaely afpi&..clnlel ~cct iDYO!ves moro 1baD a DliDor aJirntioo to ahi~Wic I.1IIIGIOe (pel' a.fC 17.32.15)

Deecdptioo N•ttJ r~j~U!"' deh.c&cJ geq' N¥ ow5t kt~u.t<. ftlr ,._/«" 0//b .....

Ataancc~ Sta11'Mombcc Ac6on -----Dlloot AD1ioD RECEIVED OstaB Ore Dec

FEB 1 0 2014 City of eormel-by-the-Sea Planning A Building Dept.

UATE A_U'IIHOD

1. 2/10/14 Charles Hawley


'(0 l'YPE B.E~ON F-oR R<EDACTIQN OR WITHHOLDING Redactions of "personal identifiers", including but not limited to

Personal Address, Personal Phone, and Personal E-mail Address City of

Application for pursuant to: The California Constitution (Article I, Section 1), See Carmel-

Residential Design International Federation of Professional & Technical Engineers, Local By-The-

Study 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th 319; See also ACLU Sea 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.


Request No. 2014-47

Information Requested: Any writings which relate to any business license granted for the operation of Demetra Café from 2007 to the present

r

RECRTVED .. APR l 9 201~

May 28, 2014



(831) 62(}2000


Susan Goldbeck Attorney at Law


Dear Ms. Goldbeck:

The City of Carmel-by-the-Sea ("City") received your written California Public Records Act request on April29, 2014 ("Records Request"). This response is sent on my authority as City Administrator.

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. A copy of responsive non-exempt records is now available for you to pick up at City Hall. 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

<7~(:-t--City Administrator

May 9, 2014


CARMEL-BY-THE-SEA, CA 93921 (831) 620-2000


Susan Goldbeck 542 Lighthouse Ave. Pacific Grove CA 93950


Dear Ms. Goldbeck:

The City of Carmel-By-The-Sea ("City") received your California Public Records Act request on April29, 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 ofthe reasons therefor. The City expects to provide its determination no later than May 23, 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

~run~

City of Carmel-by-the-Sea COMMUNITY PLANNING AND BUILDING DEPARTMENT

POST OFFtcE DRAWER G

February 22,2010

Constance Dudley Dametra Cafe Post Office Box 3003 Cannel, CA 93921

SUBJECT: Dametra Cafe

CARMEL-BY-THE-SEA. CA 93921 (831)620-2010 OFFICE

(831)620-2014 FAX

Ocean A venue between San Carlos and Mission Block 75, Lot 8, APN: 010-147-013

Dear Ms. Dudley,

On several occasions I have stopped in at Dametra Cafe and spoken to the manager regarding debris, food, and garbage placed on the sidewalk at the back of the restaurant lo~ated on Lincoln Street southeast of Ocean A venue.

The following problems continue to appear and this is an administrative notification that the following violations are present and need to be corrected:

• The gate at the back entrance should be kept closed at all times and this area needs to be kept clean and orderly. Cannel Municipal Code states adequate facilities shall be provided on the site for the closed storage of trash and garbage generated by the use. 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. In addition, if this area is not maintained it can become a haven for undesirable pests and rodents.

• Removal of Garbage and Waste in the Commercial district shall be removed at least every two days or more often if necessary. (CMC 8.16.030)

• Recycling of cardboard boxes - boxes must be broken down and stacked in an orderly manner for pickup. The boxes may not remain on the sidewalk all day long. The boxes may be placed on the curb at the end of the day for pick up the next morning.

• Food debris must not accumulate in ihe tree squares. This is not only a public nuisance, but is also consider6d a health hazard. The sidewalk and trees squares are becoming unsightly and are attracting flies.

• I noted styrofoam cups at the back entrance of the building. No polycarbonate containers (styrofoam) items may be used as take out in the City of Cannel-by-the-Sea CMC 8.68. In addition, containers intended for food transport or storage should not be store outside.

I urge you to correct these violations no later than March 23,2010 to avoid further consequences of noncompliance. If you have any questions or require additional information, please do not hesitate to contact me at 620-2010.

c: Sean Conroy, Planning and Building Department Manager Don Freeman, City Attorney

24 June 2013

City of Carmel-by-the-Sea COMMUNITY PlANNING AND BUILDING DEPARTMENT

POST OFFICE DRAWER G CARMEL-BY-THE-SEA, CA 93921

(831) 620-2010 OFFICE (831) 620-2014 FAX

Bashar Alsneeh and Faisel Nimri Dametra Cafe PO Box 802 Carmel, CA 93921

Subject: Application for business license Dametra Cafe' Sis Ocean bet. Between Dolores and Lincoln Avenues Blk 75 Lot 8 APN: 010-147-013

Dear Bashar and Faisel,

An initial review of your application is complete. The proposed primary use of a Full-line Restaurant in the Central Commercial (CC) District is permitted as a continuation of the prior use. This Department has given zoning clearance for your business license subject to the attached Special Conditions of Approval and the conditions ofUse Permit UP 11-9.

Please note that UP 11-9 indentifies the allowed seating at 49 seats. However since this use permit was approved by the Planning Commission staff has worked with the Monterey Peninsula Water Management District and determined that the site is only credited with enough water to support 33 seats. This includes the additional water credits (3 seats) gained from expanding into the 800 square foot space at the southeast comer of Ocean A venue and Lincoln Street. Staff has revised the maximum seating to reflect this determination.

Pending final safety clearances from the Fire Department and the Building Official, your license will be issued with a primary classification ofNAICS 722110 (Full-Service Restaurant). To complete the business license approval process, please set up your restaurant with all equipment and displays. This department will call you to schedule a safety inspection.

The City looks forward to the opening of your business and we wish you success. If you have any questions you can reach me at (831) 620-2024.

Sincerely,

Marc Wiener Senior Planner

BUSINESS LICENSE APPROVAL

BUSINESS NAME: Dametra Cafe

BUSINESS OWNER: Bashar Alsreeh & Faisal Nimri PROPERTY OWNER: Lincoln Trust BLOCK: 75 LOTS: 8 LOCATION: SE Comer of Ocean & Lincoln DATE OF ACTION: 24 June 2013

APPROVAL AND CONDITIONS:

This business license authorizes use of an approximately 1,600 square foot, ground floor space by a commercial business offering the following goods and services:

1. Primary Use: This use is classified as a Full Line Restaurant (NAICS 72211 0): Approval of this permit authorizes the establishment of a full-line restaurant selling a full line of prepared food and drinks for on-site consumption using non-disposable plates, glasses and utensils.

2. Ancillary Uses: The sale of alcoholic beverages is permitted, but shall be subordinate to the primary use. Patrons may order alcoholic beverages as part of their meal.

3. Other Uses Excluded: Other goods or services not directly related to the authorizations above are prohibited.

4. Use Permit UP 11-09: The following special conditions of the Use Permit shall apply.

a. Total restaurant capacity shall be limited to thirty (33) seats. This limit is a maximum and may be reduced by the Building Official as needed to meet safety standards depending on the floor plan and seat layout. This limit reflects the total floor area contained in both spaces at the southeast comer of Ocean and Lincoln.

b. At no time shall the use exhibit any of the characteristics of a fast-food establishment where food is pre-made and wrapped before customers place orders and/or served with disposable tableware. Food shall not be ordered from a wallmounted menu at a service counter while customers are standing. Customers shall not be required to make payment before food is consumed on site. The business interior shall not be illuminated more brightly that 8 candlefoot power as measured in a horizontal plane 3 feet above the floor.

c. At no time shall the use exhibit the characteristics of a formula food establishment required by contractual or other arrangements to offer standardized menus, ingredients, food preparation, employee uniforms, interior decor, signage or

Business License Approval Dametra Cafe 24 June 2013 Page2

exterior design. The use shall not adopt a name, appearance, or food presentation format that causes it to be substantially identical to another restaurant regardless of ownership or location.

d. At no time shall the use be operated as a take-out food establishment serving ready-to-eat, prepared snack foods and /or full meals for immediate consumption off the site while patrons are walking or standing in the public right of way or are seated in vehicles. All food sold for off-site consumption shall be placed in covered containers.

e. The restaurant's public hours shall be limited to 7:00 a.m. to 10:00 p.m. seven days per week (last seating at 10:00 p.m. and all clean-up/closing operations finished by 11 p.m.).

f. Any changes to the seating plan shall require approval by the Department of Community Planning and Building. The front patio seating area shall be semienclosed by defining a perimeter with at least two ground-level planter boxes, attractively landscaped and affixed to the ground. The courtyard area shall remain landscaped and the planters shall define the limits of the area where the seating is allowed. At no time shall public access to, within and through the courtyard be blocked.

g. Complaints of excessive noise, music, lighting and other nuisances from the restaurant that disturbs nearby residences (on or off site), shall be cause for review and amendment of the permit.

5. The business is required to install one business sign. Any additional signs will require approval by the Planning Commission. The sign shall meet all requirements of the City's Sign Code and shall require design review and written approval by the Department of Community Planning and Building prior to installation. The sign shall include the full name of the business: Dametra Cafe'. Any additional text on the sign shall be subordinate in size and design to the business name.

6. All modifications made to the exterior of the building, including but not limited to paint, window treatments, awnings, paving and landscaping, shall first require written approval by the Department of Community Planning and Building. No noticeattracting features, such as banners, balloons, streamers, lights, additional signs, or flags shall be installed without written approval from the City.

7. This license approval shall become effective after the required five-day appeal period has run, ending on 29 June 2013.

Business License Approval Dametra Cafe 24 June 2013 Page 3

8. Any violation of the conditions of this business license approval, or of any ordinance in the Carmel Municipal Code, shall be cause for the City to revoke the license and/or the Use Permit.

9. The applicant agrees, at its sole expense, to defend, indemnify, and bold 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.

24 June 2008

Dametra Cafe

City of Carmel-by-the-Sea COMMUNITY PLANNING AND BUILDING DEPARTMENT

POST OFFICE DRAWER G CARMEl-BY-THE-SEA, CA 93921

(831) 620-2010 OFFICE (831) 620-2014 FAX

C/o Constance Anne Dudy P.O. Box 3003 Carmel CA 93921

Subject: Application for a business license name change Dametra Cafe Sis Ocean between Lincoln & Dolores Blk 75 Lot 8 APN: 010-147-013

Dear Constance Anne Dudy,

The City of Carmel-by-the-Sea has reviewed you application for a business license name change. You are permitted to change the name of your business from Julihanh to Dametra Cafe. Your business is subject to the terms and conditions of the original Use Permit that was issued to Julihanh. Please notifY this department if there is any change in use of the business.

I have included an application for a new commercial sign. Please submit the application to this department at your earliest convenience.

Feel free to contact me if you have any questions.

Sincerely,

Marc Wiener Assistant Planner

' .- ,~ CITY OF CARMEL-BY-THE-SEA DEPARTMENT OF COMMUNITY PLANNING AND BUILDING

P.O. Drawer G, Carmel-by-the-Sea, CA 93921 Phone: (831) 620-2010 FAX: (831) 620-2004

APPLICATION FOR BUSINESS LICENSE

Busmess Name:. {;)ta"'te -\-~7.; .~ e:4- [I/_(__ • .-..(; . . ~E OR;R~NT CLEAR; . ~

Name of Principal (sftOWner (s):JJ;;'-?TJ\ /2 5' 11' ee t(: ~~ s;.g_;v;.;y;y.: ..._

Ownership Type: {Circle One} Sole I ~~I Partnership I Limited Liability Corporation \)..t Required: FederaiiD #: _ L. a or Social Security # ~

Street Location of Business_{Circle One): N/s E/s W/ of G)Cc d\:"A j\\ce.._ between

Q(/ /e- y@ ) and L/ltt { . & / J..q or S/W N/W S/E N/E Corner of and ____________ _

Block: _ "'!.....:!7 ({;~--- Lot (s): --:::8 _______ APN #: __,(J~/O.....:tJ'--.-_..t ........ lf-?f____..-CJ......,· 1.__·3........__·,_

Mailing Address: __,_( _·1 -_..0"'--·-'""") ..... oo::;..,.,o,.X_g,__..c;.t:-7-'='Z-::::,.__City: ( (l\.x m,g, I State: c t)\ Zip: tj ]o, e-< '

E-Mail Address: --J.h~o~ .. s~· J.~~-''A• ..;:'"",;;.S; ...... k4l.,e~e:_xb~, Q~-v~)i4/._a~· .£Jh'-'. ,~·.?,~,z~ ... ...Jo.<-..~'-=~"=:.t...---------------Telephone: Business: (831) /:.Z 2.. Lfilz Home/Cell: (d"JI ) 5' 2.. I o 'ilf V FAX: U _______ _ Name of Property Owner: L IV?c g(n Tvc r f Telephone: ?? ; I -J "F1 - 7 2. 7~~ Cou~Bidg: _________________________________________________________ _

Name of Previous Business at this Location: _,,_D~C4+m~~£=-+t"""...-""''"..__,c_....., ?'T-"""-1!~~-"-'-----------Fioor Level of Business {Circle Applicable) : Basement 1st 2nd Floor area: #of Exits: ___ _

roposed Use/Business Activities: Include a DETAILED description of the specific products or services you

intend to offer: Re.) f,'a "n;n-<i+

Ancillary Use*:..,......,..--,--~~-,--~~-:---:--:--:----:-:---:---:--:'7---~':"'"'"-:------,--:-:---:----:--:--,---.. Requires floor plan to be submitted with application showing the location and amount of floor space and display area occupied by both the primary and ancillary uses.

Open 7= Days per Week Hours of Operation __ ----=,?~. t.?l-4-r~?91Jf:;t--..,hr::;t;9~il--~~l..f(j-lo~A~A\-, _

# of Employees (including Owner/Manager): Full Time rz_ S: Part Time._~·Jr--· ___ _

#of Parking Spaces Available Yht?.ce _-+:- Frequency of Deliveries 7 ~ 1 n4, v r je;L,4 uP ?-+- /A rr .....-.;: --c--1<.._

Please describe how deliveries will be made (size of vehicle, unloading area and delivery times):

;Sfvkk. ;fe~ctt( U/,'.r "~j ~'t/~ Desired/Anticipated Opening Date: ____________ _

Change of Location: YES@icense #: _________ Previous Location: N/s S/s Els W/s of:

--------~~·between and. __________ _

Change of Use: YES ~If yes, previous Use: ___________________ _

, •..•...•....•...................................................................•...••.. For Contractors Only: State of CA License # _____________________ _

)r Transportation Only: # of vehicle trips per year ___________________ _

·4······················································································· PLEASE READ AND SIGN OTHER SIDE . r·-·,,, j ic ,··\ ., f .

I); ·!_ .. ?j f)_t_. !r··~1)£\~\05.'.9Y r~cG ·' __ _/?_~{?.~_· .- ;'_·h~ @ · :_' .'U '.0) ·---··j (~-~ lJ :2 ·-·-·-·-··

~·

:J,/ City of Carmel-by-the-Sea

COMMUNITY PLANNING AND BUILDING DEPARTMENT POST OFFICE DRAWER G

CARMEL-BY-THE-SEA. CA 93921 (831)620-2010 OFFICE

(831)620i2014 FAX

\

Bashar Sneeh ' Dametra Cafe

Post Office Box 845 Carmel, CA 93921

2 March 2010

SUBJECT: Dametra Cafe Ocean A venue between San Carlos and Mission Block 75, Lot 8, APN: 010-147-013

Dear Mr. Sneeh,

Thank you for meeting with John Hanson, Building Official and myself today to discuss the items that need to be completed in order to final your building permit.

The following items need to be completed:

1. Use of extension cords is not permitted. (Such as the one to the refrigerator). Your plans show a GFI outlet at the back wall where the refrigerator should be plugged into.

2. The electrical receptacle in the NW corner must have a cover plate and be secured appropriate! y.

3. The waste oil container must have a cover on it to prevent rain water from filling the top reservoir.

4. The tree planters and sidewalk must be addressed on a daily bases. These areas must be kept clean and free of debris.

5. You must keep some type of absorbent (kitty litter) on site in case of an oil spill. 6. The sidewalk and gutter must be cleaned to remove the oily film that is coming from the

back of the restaurant and storage room. (This must be performed immediately) .

All corrections must be completed no later than March 11, 2010. If you have any questions or require additional information, please do not hesitate to contact me at 620-2010.

\

Code Enforcement Officer 831-620-2014 (fax)

c: )

Sean Conroy, Planning and Building Department Manager John Hanson, Building Official Don Freeman, City Attorney Constance Dudley, Property Owner

r Page 1 of 1

l' Margi Perotti

om: Chavira, lsmael x7867 [[email protected]]

Sent: Thursday, January 27, 2011 7:54AM

To: Margi Perotti

Cc: Rimando, Susan K. x7863

Subject: 012611 site visit to Dametra Restaurant

Hello Margie,

On January 261h , I conducted a site visit to follow up on the Health Department's conditions that were addressed in the City of Carmel's January 13, 2011 correspondence. During the visit, it was observed that the Dametra has complied with Conditions #2, 3, 4 and 9. It was observed that they are using a new oil container (condition #11 ).

Based on the visit, it was determined that there are no Health Department concerns for the restaurant's new extension. Thank you for your assistance with this project and I look forward to working with you in the future.

Sincerely,

Jsmael Chavira, REHS Environmental Health Specialist II Monterey County Health Department Division of Environmental Health ~onsumer Health Protection Services

(831) 647-7867 Fax (831) 647-7925

2/14/2011

CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION

AGENDA CHECKLIST

MEETING DATE: 10 August 2011

FIRST HEARING: 7/ 13/1 1 ITEM NO: UP 11-9

SUBJECT:

BLOCK: 75 LOTS : ~

CONTINUED FROM: 7/1 3/1 1 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.

ENVIRONMENTAL REVIEW:

Exempt (Class 5 - Minor Alterations in Land Use)

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. 4. Deny the application.

RECOMMENDATION:

Option #2 (Approve the application with special conditions.)

ATTACHMENTS:

1. Staff Report dated 1 0 August 2011. 2. Application materials.

STAFF CONTACT: Sean Conroy, Planning & Building Services Manager

CITY OF CARMEL-BY-THE-SEA COMMUNITY PLANNING AND BUILDING STAFF REPORT Adopted & Approved 8/10/11

APPLICATION: UP 11-9 APPLICANT: Constance Dudley BLOCK: 75 LOT: 8 LOCATION: SECor. Ocean & Lincoln

REQUEST: Consideration of an application for a Use Permit Amendment allowing for the expansion of an existing restaurant located in the Central 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 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 permitted on Ocean A venue. 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.! indicates that the sale of nonfood merchandise that is directly related to the use may be allowed when determined 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· Stc..ff Repott Page 2

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 75 Lot 8

CONSIDERATION: Consideration of an application for a Use Permit Amendment allowing for the expansion of an existing restaurant located in the Central Commercial (CC) District.

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 (722110). 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 1 J -9 (Dudley) 1 0 August' 20 II Findings & Conditions Page 2

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 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 7:00a.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, 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 first hour and the

UP 11-9 (Dudley) 10 August 20J J Fiudings & Conditions Page 3

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.

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 Allgust 20! 1 Findings & Conditions Page4

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.

1 7. 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 findings and conditions stated above.

~· ''>- ~· ' .~ o'~> ~~ ~o ~.., 'y !i .

~~ ·"'> ~ ~ c; ' PENAL TV OF PERJURY, STATE THAT I AM THE APPLICANT FO~ /'\,~ ' ">~ ·e THE INFORMATION FURNISHED BY ME ON THIS APPLICATION IS TRUE ~ (:>~~ VE EXECUTED A VALID LEASE AGREEMENT AND/OR HAVE THE WRITTEN

o"' ·I ~~ROPERTY OWNER TO APPLY FOR A BUSINESS LICENSE. I UNDERSTAND O~~TIVE FEE IS NONREFUNDABLE AND THAT I AM RESPONSIBLE TO PAY

551~:~ENSE TAXES N ALL REVENUES COLLECTED. .

y (c_?-/;3 Date

IT IS YOUR RESPONSIBILITY TO NOTIFY THIS OFFICE IF YOU MOVE OR SELL YOUR BUSINESS, OR MAKE ANY SUBSTANTIAL CHANGE TO YOUR BUSINESS •

. . FOR OFFICE USE ONLY

SIC#: -----------

--r21- \\0 Municipal Code Reference: NAICS Code #: Class: __ _

(I_ 8-t. ~(/\trrCrl' }-Zoning District Use Classification: Primary Secondary ___ _

Use Permit: Not Required: __ Y ___ (Permitted) ____ (Nonconforming). ___ _

Required. __ -'-'-- \\-~ (UP#). _____ .(UP Date), ______ _

'?mpliance Standard: Yes No __ If so, Date Signed, ________ _

Reviewed by: ~ G. r' Date:._~-=-· .:.._/7_L_\ _II _::_1 __

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ New License/Change of Use, Location or Owner: Change of Business Name:

Application Fee: Administrative Fee: Inspection Fee: DAE

TOTAL:

$100.00 $150.00 $125.00 $ 1.00

Application Fee: Administrative Fee: DAE

~ TOTAL:

"----·THERE ARE NO REFUNDS

$100.00 $150.00

$ 1.00

$251.00

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Re-inspection: $ 75.00 Business License Tax: Special Events: $40 (per event) $. ______ _

TOTAL PAID RECEIPT # '5I WD

>eivedBy:~ Date: ~ \ tf) \ r2 t '

S:\PlanB!dg\Fonns\appHeations\Business Licenses\Bus Lie FIXED APPUCATION 4-16~.doe

T BUN2 Monterey COUNTY 2013-2014 PROPERTY TAX BILL 1.2.001 MARY A. ZEEB Treasurer-Tax Collector

P.O. Box 891, Salinas, CA 93902-0891, (831) 755-5057, www.co.monterey.ca.us/taxcol SECURED TAX ROLL FOR FISCAL YEAR JULY 1, 2013 -JUNE 30, 2014

PROPERTY INFORMATION ASMT NUMBER: 010-147-013-000 TAX RATE AREA: 001-000 ORIG ASMT: 010- 147-013-000 ACRES: 0.00 FEE NUMBER: 010-147-013-000 LOCATION:

OWNER JAN. 1st: TOSTEVIN BRECK TR ET AL

LAUB CONSTANCE ANNE DUDLEY HUDSON TR ET AL

IMPORTANT MESSAGES Original bill date 01/1812014 ' ' 'NEW OWNER BILL ••• Delinquent taxes were redeemed 12131/2013

COUNTY VALUES, EXEMPTIONS, AND TAXES PHONE#

VALUATIONS (831 ) 755-5035

TAX RATES {831 ) 755-5040

EXEMPTIONS {831) 755-5035

PAYMFNTS (8"31) 755-5057

PERS RROPt_831) iSS-~ AOOO CHGS (831.) 755-503.5

GENERAL INO {831) 755-5057

DESCRIPTION

LAND

STRUCTVRALIMRR9 VEMENf.S

NET TAXABLE VALUE VALUES X TAX RATE PER $100 1.000000

PRIOR CURRENT

997,949

7o6;795

VOTER APPROVED TAXES I TAXING AGENCY DIRECT CHARGES & SPECIAL ASSESSMENTS I FEES PHON£1 CODE (631 ) 624-1546 10900

(631) 646-4040 12100

DESCRIPnON ASSESSED VALUE Cannel Unn Serles 2000 2002 2006 2006 & 2010R 1704744

Monterey Pen CCO 2013 Ref 1704744

X TAX RATE I 100 0.016700

0.01 5600

01/ 19/2014

9:39:00AM

BILLED 997,949

700,795

1,704,744 $17,047.44

TAX AMOUNT

$316.86 $266.88

PHONE I

(831) 624-1248

(631) 755-5013

DESCRIPnON DIR CHRG CarmeiAeaWasteWaterOls $6826.4

CSA74 EMSAmbCountyW $24.00

PHONE I

(600) 273-5167

OESCRIPnON

Mtlyf'enRegPart<Oist OIR CHRG PHONE I

$11.64 (831 ) 6511-5614

DESCRIPTION OIR CHRG

MPWMC-Water Supply Chargl$491 .74

$587.76 7353.8

$0.00

r-~rtm~ITD~~~~~~~~~ffjoj~~~~~~~~~~IT.~~--~~1

ASMT NUMBER: 010-147-013-000 TAX YEAR: 2013 MAKE CHECK PAYABLE TO: ORIG ASMT: 010-147-013-000 Mo!lterev County Tax Collector FEE NUMBER: 010-147-013-000 P.O. Box 891 LOCATION: Salinas, CA 93902-0891 CURRENT OWNER: LAUB CONSTANCE ANNE DUDLEY HUDSON TR E

IF PAID BY 04/10/2014 $12494.501

DELINQUENT AFTER 0411012014 (INCLUDES 10% PENALTY OF $1249.45 AND $20.00 COST) $13763.95

010147013000220131000012494507200001376395620131

• - • • • • • • • • • • • • • • • • • • - • • • • - - • • • - • - -- • - • - • • - - • • • • - - • - - - ·- • - • CUT HEllE • - - - - - • - - - - - - - - • - - - • - • - - - • •• - • - - - - - •••••••• - • - -- - - - - - -- •• - - - • -- •••••••

Monterey COUNTY SECURED PROPERTY TAXES- 1ST INSTALLMENT PAYMENT STUB ASMT NUMBER: 010-147-013-000 TAX YEAR: 2013 MAKE CHECK PAYABLE TO: ORIG ASMT: 010-147-013-000 Monterey County Tax Collector FEE NUMBER: 010-147-013-000 P.O. Box 891 LOCATION: Salinas, CA 93902-0891 CURRENT OWNER: LAUB CONSTANCE ANNE DUDLEY HUDSON

PAID ON 12/31/2013 $13743.951

010147013000220131000013743951100001374395120131

DECLARATION UNDER PENALTY OF PERJURY

APPLICATION FOR

APPLICANT

STREET ADDRESS

(Qn~o..~('Q -,. ~q,_),\.~l\>c.,~~'r~

(') C.o. nD :?r \_~ " c c~ c, S. 'L (o<W\.u~ BLOCK/LOT ~\0 c \{ ~ S La-~]:(' I, (__c-. ·0~ c . D c v \:::);

0._'6\""' c-. , declare: I am a resident of the City of

C 41 M ~~-~-c-County of~--.\..,.,.,.) , State of C !).._, I am over the

age of~enty-one (21) years. My business address is Oc .co. ·c ~ l ~ Y"C'CJ\ V\

2:x:..{_ 6~ ~c~ c.b.~ On the '3-(! day of \r . .\- 2012, I mailed the

foregoing notice by first class ma.il, po_stage paid, ~ all owners of real R_roperty within \

~~~ \ex~~~ ~\j ~ ~ "c'" ~ ..\, ~ c~ ~~ ~\ -~ Cet:-~~ 3 0 C) feet of the property to wh1ch the aoove application applies. I also affirm that a ~ ~/ 1

. C\ . .'3 ('<..~\"""" . _' copy of said notice was delivered to all current occupants of properties contiguous to the \ ,f\ Vv\ <t~ ·

A 1'1 \o\s\ \ P- U property to which the above application applies. The list attached to this Declaration

contains names, addresses and locations used in the mailing and delivering of said notice.

Executed on CJc\· ~ \ , 2012, at (c, ~\ \. ~Y\')

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING

IS TRUE AND CORRECT.

Declarant

CITY OF CARMEL-BY-THE-SEA PLANNING COMMISSION

AGENDA CHECKLIST

MEETING DATE: 14 November 2012

FIRST HEARING: X ITEM NO: UP 11-9

SUBJECT:

BLOCK: 75 LOTS: ~

CONTINUEDFROM: 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.

ENVIRONMENTAL REVIEW:

Exempt (Class 5-Minor Alterations in Land Use)

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. 4. Deny the application.

RECOMMENDATION:

Option #2 (Approve the application with special conditions.)

ATTACHMENTS:

1. Staff Report dated 14 November 2012. 2. Application materials.

STAFF CONTACT: Marc Wiener, Associate Planner

CITY OF CARMEL-BY-THE-SEA 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 Use Permit Amendment to allow live music at an existing restaurant located in the Central Commercial (CC) District.

BACKGROUND/PROJECT DESCRIPTION: Dametra 's restaurant is located on the southeast comer of Ocean A venue 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 pennit.

Use Permit: The Use Permit Amendment that was approved in August 2011 authorized up to 49 seats provided the Water Management District could verity 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 SECor. Ocean & Lincoln Block 75 Lot 8

CONSIDERATION:

FINDINGS FOR DECISION

Consideration of an application for a Use Permit Amendment allowing for the expansion 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 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 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 (722110). 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 I 1-9 (Dudley) 10 August 2011 Amended 14 November 2012 Findings & Conditions 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.


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 7:00a.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.



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.

UP 11-9 (Dudley) 10 August 2011 Amended 14 November 2012 Findings & Conditions Page3

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.




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 fmdings 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) 10 August 2011 Amended 14 November 2012 Findings & Conditions 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 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 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) 10 August 2011 Amended 14 November 2012 Findings & Conditions Page 5

DECISION: This use permit is amended and approved with the findings and conditions stated above.


shall be limited to 39 (until water credits for 49 are authorized) 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.



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 CFCprocessed 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 fust hour and the last hour of each business day. The full menu shall be offered in both the eastern and western spaces.




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

. ' •

10.

11.

12.

13.

14.

15.

16.

17.

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.

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.

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.

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.

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.

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.

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.

This Use Permit amends and replaces the previous restaurant Use Permit for this site.

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 39 (until water credits for 49 are authorized) seats are proposed:.

City of Carmel-by-the-Sea Department of Community Planning & Building

Public Works/Forestry & Beach P.O. Drawer G Date: --

Carmel, CA 93921 (831) 620-2010 OFFICE

(831) 620-2014 FAX

Street Opening/Sidewalk Pe(mit Applica · n

/..1 rnfr-11 ·. Cl~se Qnly This Section . . _;_ __ EN: ?d:{{J Date Rec'd.:~Fee: $ t:z Receipt dia-?' "ey:_ ~

APPUCANT SECTION Complete items 1-8 in this section and provide additional information and/or plans as required to describe the work proposed. SIGN THE BACK OF THIS FORM

1. Exact Location: 5/ tF Co&lt~ oF GJC... ~.;tt,V / L~ect-~

1 / street the project is on~ D [. fl ·- ) :{-;+---O ) 3 Block: J Lot{s): 1L Parcel # : __ ....;;._..J<:_ __ U ___ 'f __ I

(

2. Lega1Property0wn.er: . ?~ £-A-t4/;, .-- ·~·~tir~~ .'fU4f\t-- ~Y'"p~ ~ ~ e >

Mailing Address: P.O. Box,___ ______ .........--

City: itJB: ,?< ~ 8\lf .eo.,( vW-. State: • . Zip: q~-v J '

( Telephone# ( ) 0vf .A' 01 ~/f: ;AX:( ) -------

{ 3. Contractor/Agen)t/Con;~ Person: ~ ~ R ~ 7 ~ (OrcteOne

Mailing Address: ~ P.O. Box: ~ ~ J" R Oty:rJ/1~/1//~ State~ Zip:9:J,Y+hone(_) 777- ~ kFv City Ucense #: State Ucense #: 7 i'Jl '1 7 1 Type: C:: 1 ~ Value of Project: #' 11 Ooo ~

Check the appropriate Department action proDOsecl:

~C WORKS DEPT.: Encroachmen~curb-Gutter/Driveway/Utilities 0 FORESTRY /BEACH: Tree removal/Pruning/Landscaping

0 PLANNING/ BUILDING: Remodeling/Addition/New Construction/Grading/Re-Roofing

CIJLL y DESCRIBE ALL WORK PROPOSED: /(e;t?d 1/< I I~ X I ~ eo /V ~;~~ ~ tJ t.4.? ~~ L., ,;:7 1: ;z: /1//~/ A/~ &~ /V(? 6~/r:pt f ~

S:\PlanBldg\Fonns\app~catiorulslreet openingreviseddoc !I2J ~/1 f _, ,v? 1 , , _ ~od IV04 v---r "' ~ , '".-... Cfit~-1.JU.-V -

Applicant Acknowledgement I understand and agree to comply with all pertinent conditions, standards and requirements as specified by the carmel Municipal Code, State, County and Federal regulations pertaining to this permit application. I agree to properly maintain the subject work at no expense to the City and to indemnify the City from any liability arising from the penn it issued. Acceptance by the Ct.y of the work described hereon is not a waiver of my obligations as stated herein.

Applicant Name (Print Oea~y): ~ ~

Signature: ~ G Date:

CITY USE ONLY BELOW

Planning: Approve/Disapprove

'7J.. 1

·h :zstry /Beach: Approve/Disapprove

~rl( ptBY=- Date: __

Building: Approve/Disapprove

By: ______ Date:. __ By:. ______ Oate: __

Additional Requirements: (Circle each) Workers Comp/Liability Insurance/Driveway Grade & Drainage Agreement/ Hold Harmless Agreement

Comments/Conditions: ___ .,.!_N~O~T...!.,..;I!!..!...FY~P!.-.311!:U~B~L:::..iL=~~....:\'-"'-V.!:IoiO~R...u.K~Sw.___ DEPARTMENT AT

831 620-2074 48HRS IN AD\1ANCE OF WORK

START Use space below for sketch of work proposed:

S:\PlanBJdi\Faans\app!ications\rtreet op<rlirlg rovised.da<: Revised 12104

)

City of Carmel-by-the-Sea 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

CARMEL-BY-THE-SEA, CA 93921 (831) 620-2010 OFFICE

(831) 620-2014 FAX

Subject: Lincoln building located on the SE Corner 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 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 # 1 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 been 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 ofthe building, this is a violation ofCMC Chapter 17.040-010 (c.) The sign ordinance is

attached for your reference.

Live Music/Noise Ordinance Violation: On November 14, 2012 Ms. Dudley petitioned the Planning Commission for a live music permit. 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). See attached noise ordinance, but also violation of the Use permit 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 of CMC 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.

C: Marc Weiner, Senior Planner Mike Calhoun, Police Chief Don Freeman, City Attorney

BUILDING PERMIT PERMIT NO.: //, (" ' -

CITY OF CARMEL-BY• THE-SEA DATE: rfj /- :;~ '.- /[~,[.-' I DEPARTMENT OF COMMUNITY PLANNING & BUILDING , --'/ .

P.O. DRAWER G. CARMEL-BY-THE-SEA, CA 93921 RECEIPT NO.: fi_: t 1 PHONE: (831) 620-2010 · FAX: (831) 620-2014

1o-nA7-•1 13 75 n ___ "_"* __ ,. ____ BLOCK: - ------ LOT:__'v~----------

Location of Work: -~C~/~L~O~c~~::·~a.._._n~&~I~,i:!.n~c~o~l~n~-----------------7''::.__---------

0 Constance 1-.nn Dud ley l"i>OX 53 G 7 CarNt: 1 9 3 '-tr L3 t-L ~d 0

wner: --- -------- --- - - Address: ---------~'7~.£.-J. Phone:------

' • / Contractor: ----- --'----''.:....· ---- - --, __ ,.,______Address: ----------::~---Phone; _______ _

~

~;

/~-City Lie. No.: _____ _____ /::.___- _ _ _ _ State Lie. No· r_ /\\. Type of Lie.----

Address / / ~\X G 1 //~ \J

Eng. I Arch .: _ ____ __,........:·:._/ _ ___ _ _ _

Permit Extensions:

Phone: _____ _

P C: 'i' . I.-: l"Ol'!~Y

SITE DIMENSIO~ti &A'R~ / ~E~~LDER VALUATION

_ \\ ~ T 1 s~ARGE f----:$!'___i:l=-' ..:..' _o_o_o_._u_u_~~~~ C~VERAGE A'f\lE. A S/-JRC~RGE OF Permit 15 3 • ..:; :_;

FLOOR AREA SITEJ:50VER 2~R $25.00 t!:!Pt:::.!l~an~~C;h:;e_:ck=======~~~9~.:2iJ_~l~: ALLOWEU \ Atj-JWED __ ..- . WHICHEVER IS Mechanical

~.JL ~ . '\ GREATER IS Plumbino

EXIf\NG -

1_ ~XIST!r~G \'\ REQUIRED Electrical 4 ~ • (} 0

( i.. ) CC h icner BECAUSE OF THE Fire Oeot 4 5 • 0 v ~---L----~----+-~~~~-~~~~---~~ ~~~~-----~~--

;tck N~~\ · 'f NEW ' ' I N~~~:~!D f--~~~!__r::B>__IP------------;;4~>c:-0 DEMOLISH Oz :PAIR ' T~TAW TOTAL 7 OF INSPECTIONS 1---!=!EnQ._SC:_!:,r. _ _ _______ __

~ ~ ~ y' NO ( !;_an ge s NECESSARY ON Penal tV OWNER BUILDER ~PI§!an~R~e~v~is~io~n:::_s ----;:-.---;;-;::-

Gl REMODEL 0 ADDITION 1 OTHER iSYCOMM Nc( PVAP '- DATE RD!t U? G e • :j (i ~ '\. /' 1.-il_0-6 \ V3 / 3 / 10 PERMITS LPRF _ ______ l_._(_'V_

L---------------------~~----~~~----~--~----~------------~~---

DESCRIPTION OF WORK: • (..OI1.llitld.~ia/ ~e~del \

STQRIES OCCUPANCY GROUP I TYPE OF CONST.

1 :, I Vl [J~ SETBACK IN FEET

SIDE SIDE REAR

t C C l--::Ah<.,~_::;

HT. ZONE PLANNER

FRONT

(L)

OVERLAY

TYPE OF IMPROVEMENT

r ' UILD I

Total ' .-I i l l

DESCRIPTION DESCRIPTION DATE INSP.

BUILDING I \ · \ PLUMBING LANDSCAPE FINAL I \ l\ ROUGHIUNDERFLOOR SETBACKS I '-' "-._. ROUGH I OVERALL I WATER PIPING FOUNDATION II GAS PIPING /TEST SLAB 1 WATER HEATER FRAMING I FLOOR I GAS METER AUTHORIZED FRAMING I WALLS I FRAMING I ROOF I ELECTRICAl SHEATHING I ROOF l TEMPORARY POWER SHEAR PANEL I ROUGH I UNDERFLOOR INSULATION I UNDERFLOOR I ROUGH I OVERALL INSULATION I OVERALL I MAIN PANEL I GROUND I BOND DRYWALULATH INTERIOR CQM.) __. SUBPANEL(S) LATH/EXTERIOR CONDUIT PLANNING RO. ALL ELECTRIC METER AUTHORIZED PLANNING FINAL __.!.

r9" TO OCCUPY FIRE I

I FIRE SPRINKLERS ROUGH _i •

HEATING I AIR COND. FIRE SPRINKLER FINAL -ROUGH I UNDERFLOOR FIRE ALARM ACCEPTANCE ROUGH I OVERALL OTHER FIRE SYSTEMS FURNACE I HEAT UNIT FIRE FINAL APPROVAL AIR CONDITIONER

SEE REVERSE FOR ADDITIONAL INSPECTION SIGN-OFFS I COMMENTS

INSPECTOR FIELD COPY --

May 22, 2014


CARMEL-BY-THE-SEA, CA 93921 (831) 62Q-2000


Susan Goldbeck, Attorney at Law


Dear Ms. Goldbeck:

The City of Carmel-by-the-Sea ("City") received your California Public Records Act request on May 9, 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 determination no later than June 2, 2014. The City thanks you in advance for your patience.


Very truly yours,

~ Jason Stilwell City Administrator


Request No. 2014-48

Information Requested: Background


Request No. 2014-49

Information Requested: Wine tasting-Policy and Moratorium


Request No. 2014-50

Information Requested: Forest Theater notice and order


Request No. 2014-51

Information Requested: public records in electronic format of correspondence and related materials between all parties involved in the decision to close Forest Theater grounds to the public by chains and padlocks on gates surrounding the parkland property on Wednesday, April 23, 2014

Jm1e 19,2014



(831 ) 620-2000

VIA EMAIL TO: [email protected] L.A. Paterson


Dear Mr. Paterson:

The City of Carmel-by-the-Sea ("City'') received your written California Public Records Act request on April 27, 2014 ("Records Request"). This response is sent on my authority as City Clerk.

In accordance with the requirements of the California Public Records Act ("CPRA"), the City has determined that your Records Request seeks disclosable public records and will make these records promptly available. At the time of the request the City held no documents that met your request. Since that time we have posted online the attached punch list which reflects the building safety and health code violations that resulted in the closure of the Forest Theater. Attached to this email is an electronic copy of those responsive non-exempt records, the Punch List. 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

Yvette Oblander

From: Sent: To: Cc:

Susan Paul Monday, April 28, 2014 11 :56 AM Yvette Oblander Jason Stilwell

Subject: Fwd: Public Records Act Request

Yvette- Please assign this a number and add it to the PRA log. Thanks.

Sent from my iPhone

Begin forwarded message:

From: Paterson <[email protected]> Date: April 28, 2014, 10:32:41 AM MST To: <[email protected]> Cc: <[email protected]> Subject: FW: Public Records Act Request

ADDENDUM: PRA request specifically related to and including: "What we have learned, much more recently and much to our dismay, is that it would be potentially dangerous to allow any further use of the Forest Theater until safety concerns are fully resolved."

"This decision was not made by me or by the city council. It was made by the public safety, building safety, and risk management professionals in the interest of protecting the public."

Source; Message from the mayorWhy Forest Theater has been shut By JASON BURNETI Mayor, Carmel-by-the-Sea The Carmel Pine Cone, April 25, 2014, 25A

From: Paterson [mailto:[email protected]] Sent: Sunday, April 27, 2014 1:42 PM To: '[email protected]' Cc: '[email protected] . us' Subject: Public Records Act Request

TO: Daryl A. Betancur, Acting City Clerk FROM: L. A. Paterson

Pursuant to Section 6253.9 of the CPRA, public records in electronic format of correspondence and related materials between all parties involved in the decision to close Forest Theater grounds to the public by chains and padlocks on gates surrounding the parkland property on Wednesday, April 23, 2014, provided in electronic format.

1

FOREST THEATRE

LIFE-SAFETY REMEDY "PUNCH-LIST" FOR REOPENING OF THE FOREST THEATRE & SITE

Date: 06/02/2014

V-vl R.F. McCann & Company

Theatre Architecture

ARCHITECTS For Performing Arts and the Entertainment Industry

40 E. Montecito, Sierra Madre, CA 91 024 (626) 836-1060 Fax (626) 836-1090

FOREST THEATRE UPGRADE PLANNING, Carmel, CA

~~N~RAL-

EXECUTIVE SUMMARY

Life Safety Remedy for Reopening of Forest Theatre & Site Date: June 2, 2014

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FOREST THEATRE UPGRADE PLANNING, Cannel, CA

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FACILITY /EQUIPMENT UPGRADE ALTERNATES - 2

FOREST THEATRE UPGRADE PLANNING, Carmel, CA

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A- MAIN STAGE USE & EXIT SAFETY ISSUES- Page-1 of 3 (1) Life-Safety Remedy for Reopening of Theatre & Site. Forest Theatre, Carmel

Item Description (3) Basic of problem & scope of work to correct (2) Code Ref 1.00 Exit System Facility & Egress Safety

>qtU.O. I,

Risers are open and some treads have deteriorated beyond limits, thus enclose risers and replace those 410.5.2, identified treads. And stair frames are over-stressed for required design loads, thus needing framing 410.6.1, member supplements. Upon additional evaluation a full replacement of stairways maybe necessary for 410 6.2,

1 01 Exit Stairs Buildino Official acceptance. 1009.7.5 3 ~tage ana 1(1) InsuffiCient guard height & s1ze of guard openmgs, along With strength limits of ex1stmg anchors &

Stairway Guard connections reducing load resistance and safety below CBC minimums. Thus full rail replacement is 1012.1, 1012.2, 1.02 Railings necessary for Building Official acceptance. 1013.2, 1013 3

1) E:x1t s1gns With lllummatlon for mght VISibility are mandated for safety. (Ex1stmg IS substantially 1ac1<mg, 10U.!W, non-conforming, non-operational, etc) Thus install illuminated exit signs. Specific type of illumination is a 1011.60,

1.03 Exit Stgns/Ltg desjg_n decision & relates to eventual choice of type of emeroency back-up power. 1006.2, 1006.3 ~ ( 1) Add a system (e-power pnmanly for exit lighting & stgns). Type of backup IS undetermmed at present and dependent on design details and owners final selection between a central system generator, storage 2702.00,

1.04 Power Backup batteries, or individual battery-pack fixtures. 1006.3 1 (1) construct 2-NEW 'common-path" walkways tor ambulatory persons, leading to puouc streets. mvo1vmg grading & paving from point of merger with separate paths from each exit stair Paths will approximate 100- 1014.30,

1.05 2.00

2.01

2.02

2.03

2 .04

2.05 3.00

3.01 4.00

4 .01 5-7.00

8.00

Exit Travel foot length over surface that presently lacks compliance or is non-existing. Construction Fire & Life Safety

uoservea concrete wa11s m01cate neea tor 11m1tea cracK & exposea steel re1morc1ng repalf agamst moisture penetration. Superstructures (wood frame) added without permit will be evaluated for increased loads on previously existing concrete walls & footings. Depending on calculations a defined scope of work may require lower level supplemental support in areas where frame structures exceed design loads on ex1sting support elements such as footings, walls, joists & beams. Further evaluation may determine major

Concrete retrofitting or possible removal/ re-design & replacement of the dressing rooms. tFrame construction at stage level and front & stde masking wa ils are structurally inadequate. Stage nght support framing could collapse with current post support, combined with sill p lates & roof-wall Intersections that are unrestrained aga1nst potential seismic or wind forces . Anchorage & framing required by the "Existing Building Code" & "Electrical Code" apply to occup1ed areas & walls with stage electrical panels.

Structural Structural safety requires adding proper footings w1th walls at the lower level to support all existing Wood Framing construction above which ma}' result in removal or replacement of existing stage right frame construction

Type-V Stairs See Item 1.01 Sprinklers added without permit, thus will be evaluated for coverage. Seating & stage within in-door

Fire Sprinklers theater need sprinkler coverage evaluation for "ordinary hazard". 1 E:x1tmg & mtenor part1t1on construction & matenals are suostandaro & tlfe & lite satety hazards. Hazard

Educational removal includes an enclosed, rated exit path that does not include intervening spaces, plus replacement Space of all non-rated partitions with matenals & installation specified in the fire code.

Plumbing Fixtures & Facilities (1) Separate-sex ADA accessible toilets are required for stage performers & crew at main stage level. Only one unisex non-accessible toilet room serves the stage now. Thus add one more restroom for stage

Toilet Count loerformers & crew at main stage level and remodel existing restroom for accessibility. Ventilation Exhaust & Air-Exchange

Occupied (1) Lack of mechanical exhaust w1th gnlls for outside-makeup a1r reqwre adding exhaust fans tor neaJth &

fire code compliance. Thus add mechanical ventilation for dressing rooms & restroom at stage level. Areas Evaluate mechanical systems within enclosed theater for com_Qiiance {SODA occupant area)

Electrical Power & Lighting

Elect Engr List 1(1) Refer to PaQe-2 Structural Suspended & Braced Items & Equipment

List '1) Refer to Page-3 .. (1) tndtcates 1tem requtred & discussed w1th AHJ (Authonty Havmg JunsdJctlon) (2) Indicates reference Section of CBC, 2013 ed , effective Jan 1, 2014, note that similar

Sections occur in CBC , 2010 ed. (effective prior to Jan 1, 2014), with different sect1on number references for select items.

(3) Indicates mitigating design, materials, & other specifics to be determined (4) Indicates Plumbing Code Section (5) References Callfornia Mechanical Code for Ventilation

1016.10

3404.3, 3403.4

3401 .4.3, 3401 .5

J4U1A.L ,

118.504 3, 1607.8,

1607.8.1 1, 1607.8.1.2

903.2.1.5

• 903.2.1 .1 , 903.2.3

(4) 422.2 . 118-604

(5) 1203.4.2.1

Electrical Code

T-24 Industrial Safety

Item 5.00

5.02

5.03

5.04

5.05

5.06

5.07

5.08

5.09

5.10 6.00

6.01 6.02 6 .03 6.04 6.05 7.00

7.01

7.02

Description Stage Items

Gen. Wiring !Stage !-'ower Connection Terminals

House & Work Lights

House Light Dimming

House Ltg Control

Audio Systems

Electrical Panel Support

Cable Trench

Weather Rated Connections

Outdoor Ltg

Gen. Wiring Gen Ltg Fixt Low Level Fixt Internal Lt Fixt Parkg Lot Fixt Emergency ltg New t:SaCKUP Power Branch Circuits & Panel

Transfer Switch bet Line & Backup Power

A· MAIN STAGE USE & ELECTRICAL SAFETY· Page-2 of 3 Forest Theatre, Carmel

(1) Life-Safety Remedy for Reopening of Theatre & Site (3) Remedy Proposed

Performance Systems & Power 'Present power wmng fatls electncal, NfPA-70 codes. Rewtnng from distribution panel to production power terminals at booth, stage exterior and/or interior locations is necessary for safety & reliability.

1 t:::xtsttng term mal panels are extreme fire/electncal safety hazards. Replacement is necessary with approved (NEMA, NFPA, CAL Elect Code) terminal panels rated for theatre use in exterior or interior locations as apply. House ~5. worK ugnung ts non-extstmg. NO ponao1e caote, ugms or suspenston systems are provided for tenants of the Forest Theatre leaving such infrastructure out of City control. Liability for electrical & physical safety demands a stock of quality, safe, maintained dedicated equipment items (cable, connectors, lights), be available on a professional theatre operator basis. utmmtng nouse ugms 1s a meamca1 ana a coae satety teature. House 01mmers are non-existent & integral to items in 5.04 (but located, operated & maintained separately). Availability of modem dimmer technology in safe working order is mandated for assembly safety. Alternate control opt1ons are available tor house lighting, & coorclinate With 1tems 5.04 & 5.05. CBC Electrical & Occupancy codes require specific controls for house & work lighting systems & fixtures. Audio system features for fire & life-safety are non-existing. System response with exit instruction is required for power interruption, sprinkler activation or fire alarm The sound system also is an ADA requirement without compromise _(item Power panels at the booth & on-stage right are extreme fire hazards for lack of rated construction. Prior to panel replacement (5. 04) 1-hr rated construction & material upgrades are mandatory throughout all spaces prior to installing new

!panels & wiring . No cable trenching presently exist. Under floor trenching removes trip-hazard of ex_posed cable & benefits liability & pedestrian exit safety. Weather rated power & sound wtnng servmg extstmg "audience-towers ' IS non-existing. Alternative solutions require choice between hard-wire circuits in conduit to "under-floor" cable trenches.

Source, Color, Coverage

Branch panels, circuits & wiring are non-existing serving exterior low-level or pathway lighting. New j unction boxes & conduit is required throughout all areas. Replace existing, with appropriate pattern, Lamp-type wattage. Replace existing, with appropriate pattern, Lamp-type, wattage. Replace existing, with appropriate pattern, Lamp-type wattage. Replace existing , with appropriate pattern, Lamp-type, wattage.

Llg_h~ Source, Coverage

Provision not currently provided, assuming centralized power source, transfer switch (Item 5.04) feeds new "Emergency Branch Circuit" disconnect panel that in turn powers directional, exit, & egress lighting.

1 Not currently prov1aea, purcnase & Installation or a central transrer swttcn 1s necessary & preferred for reliability over separate "hot" wire circuits to multiple battery packs. Pack-transfer switches require regularly scheduled maintenance & testing. Choice will involve "construction" cost-benefit compared to future

(1) Indicates 1tem requ1red & discussed w1th AHJ (Authonty Hav1ng Junsdtctton) (2) Indicates reference Section of CBC, 2013 ed., effective Jan 1, 2014, note that similar

Sections occur in CBC, 2010 ed. (effective prior to Jan 1, 2014). with different section number references for select items.

(3) Indicates mitigating design, materials, & other specifics to be determined (4) Indicates Plumbing Code Section (Not Applicable to this Page) (5) References California Mechanical Code for Ventilation (Not Applicable to this Page) (6) References NFPA-70 Code (7) References Relevant Calif Electrical Code IES References Illumination Engineering Society Standards

Code Ref

(6) 70-71' 70-470 (7) 520.27 (oJ tu-4o1 , (f)

520.50, 520.51, 520.53

(6)70-463

(6]70-466

(6) 70-468

(6) 70-558

(6) 110.26

(7) 334.12

(6) 70-470

(7) 210, 225 7 IES IES IES IES

(7) Art 700

(7) Art 700

Item 8.00

8.01

8.02 8.03

8.04

A- MAIN STAGE USE & STRUCTURAL SAFETY- Page-3 of 3 Lie- a ety eme ly or eopemng o eatre 1te. orest eatre, f S f R d f R f Th & s· F Th C arme

DescriJ)tion (3) Basic of problem & scope of work to correct (8) Code Ref Suspension Lighting & Sound Towers & Trusses

Anchor framing under on-stage west tower base plate has significant deflection thus are under-designed and/or incapable to last long term, or non-existing. Two towers located off-stage are anchored to concrete footings of unknown design. Presume all tower anchoring designed by the same person provides reasonable basis to replace tower supporting structures for all four towers. Off-stage towers require relocation with

Tower Anchors, seat revisions as noted on Page B. Provide new threaded rod anchors embedded into

Footings etc. new footing where required & through under wood-stage floor blocking where required .

Title-8 Install cable nggmg for tower & truss lateral stability. Riggmg-eyes are non-ex1stmg; add tension cables hook onto eyes to stabilize free-standing towers & trusses

Rigging Eyes supporting lighting & scenery. Title-8 Pre-Fab Susp 1(1) Reference Item 5.04 Title-8 MasKmg tJanels I aka Prosceniums (1) Reference Item 8.01 Title-8 (1) Indicates 1tem requ1red & discussed w1th AHJ (Authonty Hav1ng Junsd1ct1on)

(2) Indicates reference Section of CBC, 2013 ed., effective Jan 1, 2014, note that similar sections occur in CBC, 2010 ed. (effective prior to Jan 1, 2014), with different section number references for select items. (3) Indicates mitigating design, materials, & other specifics to be determined (4) Indicates Plumbing Code Section (Not Applicable to this Page) (5) References California Mechanical Code for Ventilation (Not Applicable to this Page) (6) References NFPA-70 Code (7) References Relevant Calif Electrical Code (8) References Calif Title-8 Industrial Safety Orders

B -AUDIENCE SEATING & EXIT SAFETY ISSUES (1) life-Safety Remedy for Reopeninq of Theatre & Site

Item Description (3) Basic Problem & Scope of Work to Correct 9.00 As Noted Seating & Egress Safety

jAud1ence 1(1) Audience capac1ty 1s determrned by formula that d1vlcfes tOfallengffi OfOench Capacity seating (939') by a specified width per occupant (1 .5'). 939/1 .5 = 626. This calculation

9.01 Formula is basis for 9.05 & 9.06 below. ;(1) Max1mum, average distance between aud1ence seatrng & area(s) of exit safety IS

specified by fire-life safety code to be 200'. Actual measurement does not comply.

9.02 Travel Distance Solution is new oaths to exits referenced (9.11) below. IPJ ~ exn penns ao nm J.ll ~::;:,~::mry exrs1 (!. rrre-ure-sarelY r 44 WJOe JJC:IUIS

(1 : 12 running-slope, 1:48 cross-slope) with stable, firm & slip resistant surfaces leading from seating side-aisles to crosswalks in parking & continuing to public street refuge (item 9.11 ). Substantial amounts of new Path installations will cut-&-fill over existing

9.03 Common Paths contuors and incorporate steps as needed. Where slope exceeds 12.5% (1 :8) oath

Aggregate Site 1(1} Calculated ma1n exrt width totals 11-feet when applymg the code specified factor of 0.2" per occupant to capacity (626) calculated in item 9.01 . Such width does not exist.

9.04 Exit Width Solution is 3-separated exits on seoarate boundaries of the site (9.11) below. I\4J !"(OW -=>pacrng prov1aes clear passage oetween oencn sears ~lfreoacKorme row ahead. Clearance of 12" applies for rows with 14 or fewer capacity & increases by 0.3"

Row Spacing per each occupant over 14. Requirement based on average bench length below the Below Wide crossover is 14" clearance compared with 11-1/2" existing. Solution is removal.

9.05 Cross aisle reolacement of all benches below wide aisle). {4J Kow ;:>pacrng prov1aes c1ear passage oetween oencn seats 6. me oacK oT tne oencn ahead. Clearance of 12" applies for rows with 14 or fewer capacity & increases by 0.3"

Row Spacing per each occupant over 14. Requirement based on average bench length above the Above Wide cross aisle is 17" clearance compared with 11-1/2" existing. Solution is removal,

9.06 Cross aisle replacement of all benches above wide aisle. 1 Seatrng Atsle (1) (.;onversron or ramped arsles to stepped a1sles through seafrng 1nvolve rePfacrng Conversion to existing slope (approximating 22%) with 4" (average) stepped risers. Stepped-aisle row

9.07 Stepped Aisle landings approximate 30" running, with 11-1/2" step surface between. IPJ Surtacrng through rows ot bench seat1ng IS decomposeagranite\UG) wmcn1s granular, erodes with moisture, & creates slipping hazard as it spreads onto access

Row Surface aisles. Safe travel requires replacing DG with "stable, firm & slip-resistant" alternate that 9.08 Material also allows percolation of moisture.

Aisles serving seating are required to have handrails. Where seating is one side, rail should be continuous along the opposite side. Where seating is both sides, rails should

9.09 Aisle Handholds center in the aisle & be discontinuous to allow seat access. AISle ngnung ex11 sareiY (X IS aunngpuouc ncy. ror oracK-oui effects in performance, aisle lights can dim provided electronic equipment is installed that returns full brightness in event of fire-alarm, sprinkler flow, or power outage. Aisle

9.10 Aisle Lighting lighting requires connection to backup power (item-1 .04).

(1) Life-safety exiting from the site requires the determined minimum width (11' from item 9.01) be divided between 3 approximately equally separated outlets. One exit each

9.11 Refuge/Access is therefore required to Santa Rita Street, Guadalupe Street and Mountain View Street. 1(1) EXIt s1gns wrth 1flum1natron tor n1ght Vlslbiltty are manaatecrfor safety. "SpecifiC type of illumination is a design decision & relates to eventual choice of type of emergency

9.12 Exit Signage back-up power.

Power Backup does not exist. Thus install system. Type of backup is undetermined at present and dependent on design details and owners final selection between a central

9.13 Power Backup system Qenerator, storaQe batteries, or individual battery-pack fixtures. IExrt Patn

9.14 through Parking ( 1) Each path of exit travel is required to be continuous with required light level & lead to Lot a public way that provides a refuqe from hazard or allows assisted rescue. (1) lndtcates 1tem requ1red & dtscussed w1th AHJ (Authonty Havrng Junsdrctron) (2) Indicates reference Section of CBC, 2013 ed., effective Jan 1, 2014, note that similar

Sections occur in CBC, 2010 ed. (effective prior to Jan 1, 2014), with different section number references for select items.

(3) Indicates mitigating design, materials, & other specifics to be determined (4) Clear space between seat rows increases by capacity excess over 14-occupants

(2) Code Ref

1004.4, 1028.6.3 1015.1.1'

1015.2, 1028.7, 1016.2

11 B-206.2.2, 1029, 1028.2

1004.5, 1007.2, 1027.5, 1028.3

1028.10.2.1

1 028.1 0.2.1 1013.3,

1028.11 ' 1028.11 .2

1028.11, 1028.9.1' 1010.8.1

11 B-405.8, 11 B 505.2, 1009.10,

1028.13, 1028.13.1

1006.20, 1006.30

1028.20, 1037.00

1022.90, 1011.60,

L fUL .L.l,

2702.2.3, 2702.2.4, 2702.2.6

1006.1, 1007.2

Item 11.00

11 .01

11 .02

11 .03

11 .04

11 .05 11 .06

I 11.07

11 .07

0- ACCESSORY FACILITIES- Page-1 of 1 Life-Safety Remedy for Reopening of Theatre & Site. Forest Theatre, Carmel

Description (3) Basic of problem & scope of work to correct As Noted Services & Facilities

I IJIC tJdlll\i:>} Ul lldVCI lU diiU lUI lllli:> UUIIUIII!,IlU diiU lVIII Vlllt:l ~vv~l'""·~~

areas (patrons & employees) of the facility is required, including wheel chair access. All of the existing paths do not comply due to a variety of significant issues: existing too steep, cross slopes too great, missing level intermediate & top/bottom landings, no handrails, not paved, too narrow, they don't exist at all

Concession where required, stairway(s) within route(s), etc. Thus construct accessible Sales lpath(s) of travel.

jJdll 1\:>J VI ll dVt:l LV dl IU II VI II llll:> UUIIUII 1!,1 LV dl IU II VIII Ulllt:l Ul,;l,;Uf.llt:U

areas (patrons & employees) of the facility is required, including wheel chair access. All of the existing paths do not comply due to a variety of significant issues: existing too steep, cross slopes too great, missing level intennediate & top/bottom landings, no handrails, not paved, too narrow, they don't exist at all where required, stairway(s) within route(s) , etc. Thus construct accessible

Ticket Sales path(s} of travel. !Accessible door control. Most if not all doors, thresholds, hardware, etc. requtre some sort of modification, replacement, etc. in order to comply with

Door Access requirements. lnventoryto bep_rovided in later stages of design. Grade level accessory areas requtre travel paths not presently ex1st1ng. 1-'atn

Approach width, slope, & surfacing plus handrails & wheel guides are additions to be Access constructed as applicable according to esc.

!Accesslo•e pams or travel requ1re aaequate ngrmng ana a1so e-powerea n a1so an exit path. Existing lighting of pathways is far below requirements and there is no e-power system. Thus construct new path of travel lighting systems in conjunction with new required paths of travel as noted elsewhere, along with

Path Ltg backup power where required as noted elsewhere .. Backup Power Refer to 1.04

Construction Fire & Life Safety r rame construction on me mam stage mc1uaes non-ratea waus o. roars. vvans o. roofs of structures on stage are required to be 1-hr construction plus be equipped with fire sprinklers. Upgrade of walls & roofs to 1-hr rating is required. The total amount of work to correct, along with other problems noted elsewhere

Type-VA may lead to decision it is better to totally replace. (1) lnd1cates 1tem requ~red & d1scussed w1th AHJ (Authonty Havmg Junsd1ct1on) (2) Indicates reference Section of CBC, 2013 ed., effective Jan 1, 2014, note that similar

Sections occur in esc, 2010 ed. (effective prior to Jan 1, 2014), with different section number references for select items.

(3) Indicates mitigating design, equipment, & other specifics to be determined

(2) Code Ref

11S-904

11 S-904

1008

1014.3

1006.2 , 1006.3 2702

3401.4.2, 3401 .5

E • ADA COMPLIANCE - Page-1 of 1 f &S Life-Safety Remedy or Reopening of Theatre ite. Forest Theatre, Carmel

Item Description (3) Basic of problem & scope of work to correct (2} Code Ref 12.00 Access Calif. Access Compliance

wroblem A: Toilets wtthin the extsttng restroom building are non-accessible oue to; 1)

the landings outside the restroom entrance doors are too small and uneven, 2) door thresholds are too high, 3) door widths are too narrow, and 4) toilet compartments are too small. Thus: construct new landings, replace or remove thresholds, widen doorways, and enlarge toilet compartments. Enlarging toilet compartments results in removal of one of two toilets in woman's, and the only urinal in the men's, thus leaving a total of 1 toilet for each sex. Lavatories, dispensers, etc. are non-complaint and thus replace and relocate. In addition the restroom has not been maintained to code: Thus repaint interior, cover concrete floor (paint, tile, etc.). The end result is Option A) total interior remodel, or Option B) remove building, or Option C) replace building . Problem B: Although not explicitly required within the building code (however highly recommended by the Building Official), but is required within the ADA, is the quantity

Toilets incl. of toilets needed to properly accommodate the occupant load. Thus, approximately a Lavatories, mtnimum of 6 additional fixtures (toilets/urinals incl. lavatories, dispensers, etc) need Accessories, to be added. Thus: Option A) install additional single user portable toilets , or Option Dispensers, B) provide short-term portable restroom trailer(s), or Option C) construct permanent

12.01 etc. building(s). 11 B-604.1

For existing urinal; remove pursuant to item 12.01 Problem A For additional urinals

12.02 Urinal Fixtures see 12.01 Problem B. 11B-605.1 Concessions

12.03 Sales Counter Concessions transaction counter height is too high, thus lower transaction counter. 11B-904 Open Stair

12.04 Risers Reference 1.01 11 B-504.3 Paths accessible by wheelchairs f'NC) do not exist & upgrade expenditure triggers 44" wide paths of limited slope (1 :20 running-slope, 1:48 cross-slope) & stable, firm & sl ip resistant surfaces. Slope limits require that seating cross aisles & pathways run

Wheelchair parallel to site contuors between vehicle off-loading points on Guadalupe & Santa Rita 1007.1, 11B-Access to-&- streets and seating cross aisles. Paths additionally include wheel-edge-guides & 802.1.3, 11 B-

12.05 from Seating guard rails where drop-offs occur adjacent the path. 505

Wheelchair (WC) seating is neither dedicated nor enclosed, non-level & without we edge-guides & guardrails. Stage visibility is less than comparable from bench seating. Requirements include cross aisle (wide-aisle between upper & lower seating) access 11B-221 .2.1,

Wheelchair with dedicated, protected area for 6-wheelchairs, re-graded for sightline clearance 11 B-221.2.2, Seating Space over bench seating & centered on the stage, & including "companion seats" & ability 11 B-221.2.3,

12.06 & Locations for wheelchair patrons to sit side-by-side. 11B-802.2

ADA "semi-ambulatory seating" (SA) does not exist & upgrade expenditure triggers 6-semi-ambulatory seats. SA seats require 24" clear leg room at locations available by

12.07 Semi-Ambulant & on accessible aisles. 11B-802.5 The main stage shall be accessible to the disabled (perfonners & crew) & such access does not exist. Ramp access (see item 12.05) requires 40' ramp length across the 11 8-410, 118-front of the stage with added space for top & bottom landings (impractical during 410.7, 11B-performance) & 200' of ramp back-stage (impractical & expensive). Thus a platfonn lift 410.6, 11B-is solution front stage & either lift or elevator are needed back stage. Note: Height 207.2, 118-

12.08 we Lift varies with natural grades: 2' or more front to over 8' backstage. 207.2.6 Assistive Listening is an ADA requirement where sound reinforcement systems are in use for public assembly events. An assistive listening system is to be purchased,

Assistive installed & head-sets made available for patron use. The Assistive listening system is 907.2.1.2, 11 B-

12.09

12.10

Listening also required to have backup power.

For deaf patrons strobe-light fire alarm & a scrolling message panel are required by CBC for assembly events to occupancy over 300. Neither systems exist, and require

Visual Backup purchase & installation. (1) Indicates item reqwred & dtscussed wtth AHJ (Authonty Havtng Junsd1ctton) (2) Indicates reference Section of CBC, 2013 ed., effective Jan 1, 2014, note that similar

Sections occur in C8C, 2010 ed. (effective prior to Jan 1, 2014). with different section number references for select items.

(3) Indicates mitigating design, equipment, & other specifics to be determined

219

11B-810.7

Yvette Oblander

From: Rob Mullane Sent: To:

Thursday, June 05, 2014 3:01 PM Yvette Oblander

Subject: PRA 14-51 Second extension

Yvette,

We will need another extension on this PRA in order to ensure that are fully responsive to the request.

Robert A. Mullane, AICP Community Planning and Building Director City of Carmel-by-the-Sea P.O. Drawer G Carmel-by-the-Sea, CA 93921 main (831) 620-2010 direct (831} 620-2057 [email protected] .us

1

May 7, 2014




L.A. Paterson Village in the Forest


Dear Ms. Paterson:

The City of Carmel-By-The-Sea ("City") received your California Public Records Act request on April27, 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 determination no later than June 6, 2014. The City thanks you in advance for your patience.


Very truly yours,

Jason Stilwell


From: Jason Stilwell Subject: Public Records Act Request


From: Paterson <SebViz2@sbcgloba l.net>

Date: Apri l 28, 2014, 10:32:41 AM MST

To: <[email protected]>

Cc: <[email protected]>

Subject: FW: Public Records Act Request

ADDENDUM: PRA request specifically related to and including: "What we have learned, much more recently and much to our dismay, is that it would be potentially dangerous to allow any further use of the Forest Theater until safety concems are fully resolved."

"This decision was not made by me or by the city council. It was made by the public safety, building safety, and ri sk management professionals in the interest of protecting the public."

Source; Message from the mayor -Why Forest Theater has been shut By JASON BURNETT Mayor, Carmel-by-the-Sea The Carmel Pine Cone, April25, 2014, 25A

-------From: Paterson [mailto:[email protected]] Sent: Sunday, April 27, 2014 1:42 PM To: '[email protected]' Cc: '[email protected],us' Subject: Public Records Act Request

TO: Daryl A. Betancur, Acting City Clerk FROM: L. A. Paterson

Pursuant to Section 6253 .9 of the CPRA, public records in electronic format of correspondence and related materials between all parties involved in the decision to close Forest Theater grounds to the public by chains and padlocks on gates surrounding the parkland property on Wednesday, April23, 2014, provided in electronic format.

Yvette Oblander

From: Sent: To: Cc: Subject:

Dear L.A. Paterson,

Yvette Oblander Friday, June 06, 201410:06 AM 'sebviz2@sbcglobal . net' Jason Stilwell; Catherine Raynor PRA Request

Please see the attached correspondence in response to your request.

Regards,

wtJdkoo~ Executive Assistant City Of Carmel-by-the-Sea P.O. Box CC Carmel, CA.93921 [email protected] Office- (831)620-2056 Mobile -(831)869-6625 Fax - (831)-620-2004

1

June 6, 2014


CARMEL-BY-THE-SEA, CA 9392 1

(831) 620-2000


L.A. Paterson


Dear L.A.Paterson:

The City of Carmel-by-the-Sea ("City") received your California Public Records Act request on April27, 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 Govenunent Code Section 6253 in order to adequately determine whether the Records Request, in whole or in part, seeks copies of disclosable public records in the possession of the City and provide notice of the reasons therefor. The City expects to provide its determination no later than June 20, 2014. The City thanks you in advance for your patience.


Very truly yours,

Catherine A. Raynor City Clerk


Request No. 2014-53

Information Requested: 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.

May 21, 2014



(831) 620-2000


Thomas Peele Investigative Reporter Bay Area News Group


Dear Mr. Peele:

This letter is in response to your e-mail of May 18, 2014 which requests that the City of Carmel-By-The-Sea ("City") produce certain public information in "Excel" format rather than the "PDF" format in which it was previously produced in response to your California Public Records Act ("CPRA") request of April 30, 2014 ("Records Request"). This response is sent on my authority as City Administrator.

The City has detennined that it is not required under the CPRA to produce the electronic record again in Excel format. Government Code Section 6253.9(a)(2) states that a local agency need only provide electronic records in the requested format 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." However, the City has not created copies for its own use or for provision to other agencies. Rather, the City went above and beyond its legal obligations when it compiled the information in response to your Records Request and produced it in "PDF" format. The City's production of the electronic information in "PDF" format is fully and completely compliant with the provisions of the CPRA and, indeed, exceeds those obligations.


Very truly yours,

Jason Stilwell


May 16,2014



(831) 620-2000




Dear Mr. Peele:

The City of Carmel-by-the-Sea ("City") received your emailed California Public Records Act request on April30, 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 your Records Request seeks disclosable public records and will make these records promptly available. Attached to this email is an electronic copy of responsive non-exempt records. Please be advised that the records are in "PDF" format to secure the integrity of the original record pursuant to Government Code Section 6253 .9(f).

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.


Very truly yours,

Jason Stilwell


May 9, 2014






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 ofthe reasons therefor. The City expects to provide its determination no later than May 16, 2014. The City thanks you in advance for your patience.


Very truly yours,

Jason Stilwell

~~

Yvette Oblander

From: Sent: To: Subject:

Jason Stilwell Sunday, May 04, 2014 6:47PM Susan Paul; Yvette Oblander FW: 2013 public employee compensation request

Susan: the annual request for the contra costa times. Yvette, please add it to the log. Jason

From: PRA Request [[email protected]] Sent: Wednesday, April 30, 2014 4:56PM To: Jason Stilwell Subject: 2013 public employee compensation request

Mr. Jason Stillwell Interim City Administrator, Carmel-by-the-Sea [email protected]

Mr. Stillwell,

[email protected]

April 30, 2014

fhis correspondence is a formal request under the California Public Records Law, California Government Code §6251, and the Constitution of the State of California as amended by the passage of Prop 59 on Nov. 3, 2004, for the public information identified below. Please limit all communications regarding this request to writing sent via email to the address from which this request was sent.

Please provide the following:

Data showing the cost of compensation for all full and part-time Carmel-by-the-Sea employees and all elected and appointed officials, including, but not limited to, board and commission members, of Carmel-by-the-Sea for calendar year 2013.

We request that you please provide the data in an Excel spreadsheet so that it does not need to be manipulated for public review.

The specific data fields for this request are:

(1) employee last name, (2) employee first name and middle initial, (3) employee job title, (4) employee department, (5) employee base pay for 2013 before any deductions, (6) gross employee overtime pay for calendar 2013, '7) other taxable payments that contribute to gross pay if any, such as bonuses, all taxable stipends, allowances and Jther payments, uniform allowances, bi-lingual, shift-differential, etc ., and in the case of employees who left the entity's employment in 2013, payment of unused sick, vacation, compensatory and personal time, {8) gross 2013 total pay before any deductions,

1

(9) the total amount of any and all meetings stipends and other payments that qualify as non-employee compensation under IRS form 1099-misc. (10) the employer's cost of all medical, dental and vision benefits, including employer's share and contributions paid on behalf ofthe employee, (11) the employer's share of pension payments, (12) any share of the employee's pension contribution paid by the employer, (13) any payments to any deferred compensation or other types of retirement plans by the employer, (14) the cost to the employer for long term disability, life, Medicare taxes and Social Security contributions, (15) any additional monetary costs (excluding accrued vacation, sick and compensatory time) directly related to the 2013 cost of employment of the individual employee.

Please format the spreadsheet so that the data presents in columns with the headers in the top row with employee information limited one row, exampled partly below:

LAST NAME FIRST NAME JOB TITLE DEPARTMENT NAME

Please provide the data electronically in the Excel spreadsheet format requested above, as hundreds of public agencies have done since this news organization began gathering compensation data in 2008. It serves the public interest for you to do so. By providing the data in the format that requires the least possible manipulation, you are eliminating the possibility of inadvertent errors if journalists less familiar with the data than you or your staff were to convert it to Excel. Given the potential number of data fields available within your payroll system, it may be difficult for us to determine the overtime and other cash payments that contribute to gross pay, raising the possibility of errors in calculations of total. Please strongly consider providing the information in the Excel spreadsheet format to ensure that the most accurate Jossible information is provided to the public.

If you are unwilling to provide the data in the format described above, please provide the data in the electronic format in which it is maintained and as California law requires: "The agency shall make the information available in any electronic format in which it holds the information." (6253.9(a){1)). Please be reminded state law mandates that the cost of duplication for all public records is limited "to the direct cost of producing a copy of a record in an electronic format."

Please also be reminded that if portions of the requested information are exempt from disclosure by express provisions of law, government code section 6253 (a) additionally requires segregation and deletion of that material in order that the remainder of the information be released . If you determine that an express provision of law exists to exempt from disclosure all or a portion of the requested material, Government Code Section 6253(c) requires notification of the reasons for that determination not later than 10 days from your receipt of this request. Government code section 6253(d) prohibits use of the 10-day period, or any portions of the Public Records Act, "to delay the access for purposes of inspecting publ ic records." Please note that the 10-day period for compliance with this request begins April30, 2014, the day it was e-mailed to you.

In addition, be advised that the Constitution of the State of California, as amended by Prop. 59, requires that you take the broadest possible position to disclose these records when reviewing this request. It is also your constitutional duty to take the narrowest possible view of any exemptions to disclosure of these records.

Government Code section 6253.1, requires a public agency to assist the public in making a focused and effective request by (1) identifying records and information responsive to the request, (2) describing the information technology and )hysical location in which the records exist, and (3) providing suggestions for overcoming any practical basis for denying

access to the records or information sought. Your full compliance with 6253.1 is expected should the need arise.

Thank you for your assistance with this routine request. 2

Bay Area N0ws Group I Public Employee Compensation Project prarequest@bayareanewsgroup .com I @PublicSalaries

Thomas Peele I Investigative Reporter I @thomas peele Daniel J. Willis I Database Producer I @BayAreaData

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Request No. 2014-55

Information Requested: 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.

From: Jason Stilwell Subject: FW: Public Records Request. doc


From: Steve Kenny [mailto:[email protected]] Sent: Sunday, April27, 2014 10:07 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.


Project Description: Demolishing 977 sqft SFD built in 1936 to build New SFD

The address of the project is: Mission Street





Steven M Kenny Construction Insider 831-331-6327 [email protected]<mailto:[email protected]>

..

The address of t he project is: Santa Fe Street


could you please tell me who the contractor and architect are for this project, including the company name and contact person?



Steven M Kenny


831-331-6327

steve@constructioninsider . net

Public Records Act

GOVERNMENT CODE SECTION 6250- 6270

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 thereof; other local public agency; or entities that are legislative bodies of a local agency pursuant to subdivisions (c) and (d) of

2






Steven M Kenny


831-331-6327

[email protected]

Public Records Act


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

1 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

2

Associated Permits


APPLICATION FOR RESIDENTIAL DESIGN STUDY

Fcc Receipt Date

Application No .

Property Owner ...:C~h ,.x=...:..:l~:;.s:S~H-~~\.:.::<.~~r-----------'Phone ( t>~l) "t'\- ~(?"\ ~

Mailing Address

Email Address

---=-P._o._;;Q;...;;.•....:..Y~~~o-=-4;_._ ____ City, ~Zip Mo~-"'"'1 Clr '\~~42..

0!\ ~~~8""''1\. u W'\ Fax

SM\b. ~ ~ttt~+ 1 'tlt- ~~~~ d'~"' ~w. ~-!!!- Avt.. o~ wc~i;

~·ae.

Assessor's Parcel No. D I D - () ~ 3 ~ "o 3 ~ oo D

J-.11\. 14 z ., 1-Date

Name of Contact

City, State, Zip MPV'!tu~ Ur ll?,~ 4 o Fax

Email Addmis +NV'Y•t+~ \?N"Ld.~~ik'f·lo~

~4Mc-lf-~ /444.1-+ 2~1+ signat\ire~reseotativc · Date

TRACie ONE-ADMINISTRATIVE D.ESIGN REVIEW PDtMIT

0 Feacee IDd wan. 0 ~clooarlwiDdowslchiDmcya 0 Site ~illg c:.haoge 0 Miao.r lllerlltioa to an historic !'IIIOUiee

0 McJitions or altratioua (DOt iDcreasiDg exiscing heisht and fl~r area by moro dlm 10%)

DeecriptioD.

0 Extcr:ic¥ material tillqc 0 R.eviaion to Permit* D OCbar --

TRACK TWO-RESmENTIAL DESIG.'i S11.JDY PERMIT

[i( Now dwelliDg 0 Su!maatia1 alteration lrl" Demolition 0 Reviaioo to 8pJinMld deeip f#

B Project Jo.voiwls removal ad/r. sipifiamt limb or root cuttina of signifirant 01' modc:nJcJy aipifiCIDt lrCc8 ·--Project iln'ofves 1DOl'C dum a miDor lltendion to an historic ft:80IJI'CC (per CMC 17.32.1 S)

Dc:reaiptioa fl•~ ruiel~", Jeh.Uicd iKfi' ANI Qt.U5t kcu..t<. .77r1s lpiiN ftr oJ!b •• ,_,

A81igacd S1affMombcr Action ------ Date or Action RECEIVED 0 Staff 0 PC 0 CC

Reviled 10-'~ FEB 1 0 2014

City of Carmel-by-the-Sea Planning & Building Dept.

May 7, 2014



(831) 620..2000


Steven M. Kenny Construction Insider Phone: (831) 331-6327


Dear Mr. Kenny:

The City of Carmel-By-The-Sea ("City") received your emailed California Public Records Act request on April 27, 2014 ("Records Request"). This response is sent on my authority as City Administrator.

In accordance with the requirements of the California Public Records Act ("CPRA"), the City has determined that your Records Request seeks disclosable public records and will make these records promptly available. Attached to this email is an electronic copy of responsive non-exempt records. Please be advised that in the event the City has redacted certain responsive records pursuant to the CPRA exemptions, they are listed on the accompanying redaction log.

Please be advised that every effort has been made to search for all of the records which might fall within the scope of your records request, and, as such, we believe our search is quite thorough. However, ifyou 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.


Very truly yours,

Jason Stilwell



APPUCATION FOR RESIDENTIAL DESIGN STUDY

Fcc Receipt Date

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Mailins Address

Email Addras ------------------~-

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Awipccl S11B'Mombcr Ac1iou ------Duo ot N*A I. ·e D RECt: v 0 Staff OPC DCC

FEB 1 0 2014 City of Cormel-by-tne-Seo Planning f. Building Dept.

DATE AlJTH.OR

1. 2/10/14 Charles Hawley


TO TYPE E.E.t\SQN FOR REDACTION 0~ WITHifOLDlNG Redactions of "personal identifiers", including but not limited to

Personal Address, Personal Phone, and Personal E-mail Address City of

Application for pursuant to: The California Constitution (Article I, Section 1), See Carmel-

Residential Design International Federation of Professional & Technical Engineers, Local By-The-

Study 21, AFL-CIO v. Superior Court (2007) 42 Cal. 4th 319; See also ACLU Sea v. Deukmejian (1982) 32 Ca1.3d 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.

pra log april 2014.pdf

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