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 Requested
Comments/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
3/28/2014
2014-38 3/26/14 04/05/14 n/a Complete 3/26/2014 Daniel J .
Turner
Elections 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
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
Status Completed
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 Caf 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 J ohn 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
Status Completed
Date
Completed
2014-52 5/1/14 05/11/14 Extension
5/16/2014
Pine Cone
Please send me the
contracts for EXTTI and for
Sheppard et al.
Also, please explain the
redaction for EXTTI. It is
not a lawfirm, nor is the
individual working for the
city an attorney, so I
question the citation of
CA Code of Civil
Procedure section 2018.
The same is true for
Mark Alcock.
2014-53 4/30/14 05/10/14 Extension
5/16/2014
Complete 5/16/2014 Thomas Peele,
Reporter from
the Bay Area
News Group
Data showing the cost of
compensation for all full
and part time Carmel-by -
the-Sea employees and all
elected appointed officials,
including but not limited to,
board and commission
members,
Created a document
based on the requested
scope of information
2014-54 5/2/14 05/12/14 n/a Complete 5/12/2014 Neil Shapiro Set forth or describe the
document retention policy
of the City of Carmel by the
sea as it existed in J anuary
of 2011 and as it has been
modified, it at all, since
then, with respect to
employment applications

2014-55 4/27/14 05/07/14 n/a Complete 5/7/2014 Steve Kenny Demo 796 sq ft SFD built in
1939 to build NEW SFD.
Who the contractor and
architect are for this
project, including the
company name and
contact person.
research time : Roxanne
Ellis 30 Minutes- Rob
Mullane 10 Minutes
2014-56 5/7/14 05/17/14 n/a Complete 5/16/2014 Sue McCloud Please provide a copy of
what you (J ason Stilwell)
read at last nights (May 6)
Council meeting about the
Alcock charges
2014-57 5/7/14 05/17/14 n/a Complete 5/15/2014 Sue Mcloud Please provide a list of all
payments to Carver
&Schicketanz since April
2012 and 7X14 size for all
final design documents
2014-58 5/9/14 05/19/14 n/a Complete 5/15/2014 Andrei
Kondratien
Would like to know when a
resolution was passed that
lets each household in
Carmel by the Sea to have
a PO Box
2014-59 5/15/14 05/25/14 n/a Complete 5/23/2014 Sue McCloud Please provide a full
accounting of the sale of
the cities art, which I
believe was last November.
2014-60 5/18/14 05/28/14 Extension
6/11/14
6/25/2014
Complete 6/13/2014 Sue Mccloud Please provide costs to
date from April 201 for
Duckbrew, Inc. Neil
Engineers (only for Scenic
restrooms) Monterey
Energy Group, and Mirag
FS Limited
Per Sue McCloud, when
she wants to restart this
she contact us.

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
(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
Company:
P'' C-c\.Je-
Address:
Phone, Fax, Email:
Info Requested (be specific):
"'-l \J cl\
.
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 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 ________ _
: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
1,27886
1
EXTTI , $6787.98
127921, Mark Alcock, $18,000
127897
1
Mike's Auto Body, $5,435 . 14
127923, Sheppard Mullen Richter & Hampton, $1
1
103 . 71
I am not requesting the legal bi lls under the assumption that all of the pertinent
information will be redacted
1
as it has in the past .
Thanks,
Mary
Mary Schley, reporter
The Carmel Pine Cone
(831) 274-8660
mary@carmelpinecone.com
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:

Company:
M a. e. (?r

Address:

Phone, Fax, Email:
r;' Leccj /Ot.. 2
f rJ fcJ tlH!HfO k.J
1}. (Z.IJ
'<
16:1
Info Requested (be specific):
Date Desired:
(City has 10 days to determine whether the request In whole or lnpart is a 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:
~ e n t
(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
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
POST OFFICE BOX CC
CARMEL-BY-THE-SEA, CA 93921
(831) 620-2000
VIA EMAIL ONLY TO: stamp@stamplaw.us
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
iVioiifereyc:A.9394a ..
............... ! .. . . . .......... .. .
tel: 831-373-1214
fax: s31:'373:a242
From: Jason Stilwell <jstilwell@ci.carmel.ca.us>
To: Jennifer McNary <mcnary@stamplaw.us>
Cc: "Jason@Burnettforcarmel.com" <Jason@Burnettforcarmel.com>; Michael Stamp
<stamp@stamplaw.us>; "klglegal@hotmail .com" <klglegal@hotmail.com>
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:mcnary@stamplaw.us]
Sent: Tuesday, April 08, 2014 4:01 PM
To: Jason Stilwell
Cc: Jason@Burnettforcarmel.com; Michael Stamp; klglegal@hotmail.com
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 <jstilwell@ci.carmel.ca.us>
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.
October 29, 2013
Heidi Burch
Assistant City Administrator/City Clerk
Carmel-by-the-Sea
RE: Resignation acceptance
Heidi:
POST OFFICE BOX CC
(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 ascertain 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 available as needed
during this peri od 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);
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

From:
To:
Subject:
Date:
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
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.
JASON STILWELL
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 fastest-
growing 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 long-
range comprehensi ve 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 a n d b o o ~ 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
TO TYPE REASON FOR REDACTION OR WITHHOLDING
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
POST OFFICE BOX CC
(831 ) 620-2000
VIA EMA.ll., ONLY TO: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices ofNeil L. Shapiro
Monterey, CA 93940
Re: Response to Public Records Request (No. 2014-43)
Dear Mr. Shapiro:
Records Act ("Records Request") request on Aprilll, 2014. This response is sent on my
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").
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 ~ h l l 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
( 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. P E R F O ~ E 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
-8-
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.
-9-
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 Hall
p. 0 .. B.ox cc
2. To EMPLOYEE: Jason Stilwell
P.O. Box cc
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 MAYOR Date
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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
11
CITY") and JASON STILWELL ("STILWELL") for the purpose of amending the
Employment Agreement between the CITY and STILWELL (the
11
Parties
11
) 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."
-2-
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.
-3-
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

From:
To:
Subject:
Date:
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
Monterey, CA 93940
Telephone: (831) 372-3700
Facsimile: (831) 372-3701
nlshapiro@sbcglobal. net
nshapiro@nshapiro.com
www.nshapiro.com
Confidentiality and Privilege: This electronic transmission contains information from the Law Offices of
Neil L. Shapiro that may be confidential or privileged. This message, inclusive of any attachments, is
aware t hat any disclosure, copying, distribution or use of the contents of this transmission is prohibited.
April21 , 2014
POST OFFICE BOX CC
(831) 620-2000
VIA EMAIL ONLY TO: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices of NeilL. Shapiro
21 00 Garden Road, Suite C
Monterey, CA 93940
Dear Mr. Shapiro:
Records Act ("Records Request") request on April 11 , 20 14. This response is sent on my
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
~
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.
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 .
' ,
SERVICES DIRECTOR
. THIS AGREEMENT is between the CITY OF (
11
CITY") and
sus-an Paul (
11
EMPLOYEE") and is dated this , 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 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 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 to remain in the 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
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 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 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 funds; 3) engaged
in willful corrupt conduct in office; or 4) conducted himself/herself in a
manner to be determined as conduct that constitutes mi s 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

C. The EMPLOYEE's salary may also be adjusted based on adjustments to
the City's Salary Structure.
D., Thereafter and subject to an evaluation of performance on the
performance review, the CITY 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
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
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 of such annual performance evaluation the CITY
ADMINISTRATOR and EMPLOYEE set goals and objectives for the ensuing
year.
11. 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 - by-
the-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, 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 postage prepaid and
addressed as follows;
TO CITY: Jason Stilwell
City Administrator
City of Carmel-by-the-Sea City Hall
P .O . Drawer CC
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 of 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 interpreted 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 of this Agreement is held or
determined to be illegal or void by reason of final, non-appealable .
judgment, order or decision of a having jurisdiction over parties,
the remainder of the Agreement shall remain in full 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.
. I
-
CITY'ADMINISTRATOR
Page 7 of "V
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
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-by-
the-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
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 <jstilwell@ci.carmel.ca.us> 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: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 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
> nlshapiro@sbcglobal.net
> nshapiro@nshapiro.com
> www.nshapiro.com
>
>
> Confidential ity 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
aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited.
>
>
>
>
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 [nlshapiro@sbcglobal.net]
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) 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 6:25 PM, Jason Stilwell <jstilwell@ci.carmel.ca.us> 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
> nlshapiro@sbcglobal.net
> nshapiro@nshapiro . com
> www.nshapiro . com
>
>
> Confidentiality and Privilege: This electronic transmission contains information from the
Law Offices of Neil L. Shapiro that may be confidential or privileged. This message,
inclusive of any attachments, is intended for the use of the recipient(s) identified above
only. If you are not an intended recipient, be aware that any disclosure, copying,
distribution or use of the contents of this transmission is prohibited. If you have received
this transmission in error, please notify the sender immediately and delete/destroy all
copies of this transmission, or any portion thereof .
>
>
>
>
2
May 2, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA EMAIL ONLY TO: nlshapiro@sbcglobal.net
Neil Shapiro
Law Offices of NeilL. Shapiro
21 00 Garden Road, Suite C
Monterey, CA 93940
Dear Mr. Shapiro:
Records Act request on April22, 2014 ("Records Request"). This response is sent on my
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.
search is quite thorough. However, ifyou have knowledge of a specific document which
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:steve@constructioninsider.net]
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
steve@constructioninsider.net<mailto:steve@constructioninsider.net>
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
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
The address of the project is : Santa Fe Street
could you please tell me who the contractor and architect are for this including the
Steven M Kenny
831-331-6327
Public Records Act
GOVERNMENT CODE
SECTION 6250-6270
6250. In enacting this chapter, the legislature, mindful of the
information concerning the conduct of the people ' s business is a
California Public Records Act .
(a) "local agencyn includes a county; whether general l aw or
) chartered; city and county; school district; municipal corporation;
. district; political subdivision; or any commission or agency
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 ( 0 l) 't'l- ""'
_.:..;.P'..;...;D';..:6:.=. ____ City, State, Zip C/r
c.1?b Fax
SM\f?. FY
1
''lll- {1-olM
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< D.t,.vi., Phone (851) ;73 )1..0'5

' MailingAddress 2-6& t7hrc.t p
City, State, Zip Mp&b-u'1 Ur 4 o Fu
Email VYt-l-
2DJf
Date
TRACK ONK-.ADMINISTRATIVE DESIGN REVIBW PJ:RM1T
0 wa1ll 0 SkyfiabaaldoontlwiDdowalebillmoya
0 Si1e 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 Permit#, __
Deecriptiou
TRACK 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 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
Planning & Building Dept.
- --- --------- ~ . ~ --
--- - --- -.. -- --
- - ---
. - ----Original Message---- -
. From: Steve Kenny [mailto : steve@constructioninsider.net]
Sent : Sunday, April 27, 2e14 1e:e7 AM
To: Marianne Grover
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
Public Records Act
GOVERNMENT CODE
SECTION 6259-6279
right of individuals to privacy) finds and declares that access to
(a) "Local agency" includes a county; city
1
whether general law or
district; political subdivision; or any board
1
commission or agency
2
May 7, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: steve@constructioninsider.net
Steven M. Kenny
Phone: (831) 331-6327
Dear Mr. Kenny:
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.
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
~
City Administrator
Propaty Owner
M.ailins Address
Email Addras
APPUCATION FOR RESIDENTIAL DESIGN STUDY
Fee
Receipt
Date
Application No.
s I J/. Zt; ,a:;
Milft

.,ftu.f I 6-t- d.l\lh Av... Oil' L'Jt,t
.-;edc.
A--.or's hrcd No. b l D- () t6 - tJD 0
J,_e\. 14 Zo 11
Date
to fl11 COrt'Cf/NJIIdence 11111llll8i tda.t regt.rrtlbrf tlrU appbtltm:
Name of Contact Me.rvatt Jl..., le1 pt-t'\< '-."'"1 Phone [851) S
.
MailillgAddxas 18! pl DuA.l, tp
City, Mft!itrt-'1 llr ll!z"'14 o Fu
Bmai1 AddR:rs
t ..

P.-IDII..U. 0 B Exteriarmlledllcllqe
0 MilalfllndalltoanllillfiJiic:.....
Adcfifbas oralterMiou (DOt fac:nwita ailciDJJieisfJtaloar .. I"') --
ri(Nowawcllial 0 Bulwnti"llllcndoD 0 __ _
8
Project mvotw.s Blab or mot c:attma afifioent ar moclerlaely afpi&..clnlel
iDYO!ves moro 1baD a DliDor aJirntioo to I.1IIIGIOe (pel' a.fC 17.32.15)
Deecdptioo NttJ deh.c&cJ geq' N ow5t
ftlr ,._/" 0//b .....
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 ~ O N F-oR R<EDACTIQN OR WITHHOLDING
Personal Address, Personal Phone, and Personal E-mail Address
City of
Application for
Carmel-
Residential Design
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
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 Caf from 2007 to the present

r
RECRTVED
.. APR l 9 1 ~
May 28, 2014
POST OFFICE BOX CC
(831) 62(}2000
VIA ELECTRONIC MAIL to: susangoldbeckl@att.net
Susan Goldbeck
Attorney at Law
Dear Ms. Goldbeck:
The City of Carmel-by-the-Sea ("City") received your written California 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
Very truly yours,
Jason Stilwell
< 7 ~ : t
City Administrator
May 9, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: susangoldbeckl@att.com
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
~ r u ~
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
l o ~ t e d 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
COMMUNITY PlANNING AND BUILDING DEPARTMENT
POST OFFICE DRAWER G
(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 wall-
mounted 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 semi-
enclosed 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 notice-
attracting 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
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
' .-
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 e:4- [I/_(__ .-..(;
. . CLEAR; .
Name of Principal (sftOWner (s):JJ;;'-?TJ\ /
2
5' 11' ee t(: s;.g_;v;.;y;y.: ..._
Ownership Type: {Circle One} Sole 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 #: ........ 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: .. ...... .Jh'-' . ...
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.
_________________________________________________________ _
Name of Previous Business at this Location:
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
.. 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 __ _
# of Employees (including Owner/Manager): Full Time rz_ S: Part ___ _
#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. U/,'.r
Desired/Anticipated Opening Date: ____________ _
Change of Location: YES@icense #: _________ Previous Location: N/s S/s Els W/s of:
and. __________ _
Change of Use: YES 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_. ' __ @ :_' .'U '.0) ---j lJ :2 ----

:J,/
CARMEL-BY-THE-SEA. CA 93921
(831)620-2010 OFFICE
(831)620i 2014 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
Constance Dudley, Property Owner
r
Page 1 of 1
l' Margi Perotti
om: Chavira, lsmael x7867 [chavirai@co.monterey.ca.us]
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 26
1
h, 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
Health Protection Services
(831) 647-7867
Fax (831) 647-7925
2/14/2011
PLANNING COMMISSION
AGENDA CHECKLIST
MEETING DATE: 10 August 2011
FIRST HEARING: 7/ 13/1 1
ITEM NO: UP 11-9
SUBJECT:
BLOCK: 75 L O T S ~
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
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:
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.
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:
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
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
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.
''>- '
'y !i .
"'> c; ' PENAL TV OF PERJURY, STATE THAT I AM THE APPLICANT
' e THE INFORMATION FURNISHED BY ME ON THIS APPLICATION IS TRUE
VE EXECUTED A VALID LEASE AGREEMENT AND/OR HAVE THE WRITTEN
o"' I OWNER TO APPLY FOR A BUSINESS LICENSE. I UNDERSTAND
FEE IS NONREFUNDABLE AND THAT I AM RESPONSIBLE TO PAY

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. }-
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' .:.._/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

Date: \ tf) \ r2
t '
S:\PlanB!dg\Fonns\appHeations\Business Licenses\Bus Lie FIXED APPUCATION
TBUN2 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)
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
PHON1 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 Suppl y Chargl$491 .74
$587.76
7353.8
$0.00

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

(') C.o. nD :?r " c c, S. 'L
BLOCK/LOT

c \{ S
I, (__c-.
c . D c v \:::);
0
._'6\""' c-. , declare: I am a resident of the City of
C 41 M County , State of C !).._, I am over the
age (21) years. My business address is Oc .co. c l Y"C'CJ\ V\

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 \
"c'" ..\,
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\
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, \.
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING
IS TRUE AND CORRECT.
Declarant
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
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.
UP 11-9
Constance Dudley
Dametra' s Cafe
SECor. Ocean & Lincoln
Block 75 Lot 8
CONSIDERATION:
FINDINGS FOR DECISION
of an existing restaurant located in the Central Commercial (CC) District and to allow the
playing of live music.
FINDINGS OF FACT:
1. The applicant owns the building on the southeast 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
Page2
2. The proposed use, as conditioned, will comply with all zoning standards applicable to
the use and zoning district.
3. The granting of the Use Permit will not set a precedent for the approval of similar
uses whose incremental effect will be detrimental to the City, or will be in conflict
with the General Plan.
4. The proposed use will not make excessive demands on the provision of public
services, including water supply, sewer capacity, energy supply, communication
facilities, police protection, and fire protection.
5. The proposed use will not be injurious to public health, safety or welfare.
6. The proposed use will be compatible with surrounding land uses and will not conflict
with the purpose established for the district within which it will be located.
7. The proposed use will not generate adverse impacts affecting health, safety, or
welfare of neighboring properties or uses.
SPECIAL CONDITIONS:
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.
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.
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)
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.
6. Customers shall be provided with individual menus while seated at a table or counter.
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
in the use which would alter the fmdings or conditions adopted as part of this
12. This use permit shall become void and of no further force or effect if the use is not
initiated within six months and/or upon termination or discontinuance of the use for
any period of time exceeding six months.
)
UP 11-9 (Dudley)
Page4
13. Violations of the terms of this use permit or other ordinances of the City may
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
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
to operation indicating that no more than 49 39 seats are proposed,_
18. Live music may be played up to seven days a week from Noon to 11 :00 p.m.
19. Prior to commencement of live music on the site, the applicant shall meet with
City staff to perform a sound evaluation. Per CMC section 9.16, the maximum
noise level allowed from live music activities located on the property shall not
exceed 55 db as measured at the property line.
20. A summary sheet of basic Use Permit requirements (allowed days, allowed hours,
special mitigations) shall be posted on the premises and shall be available upon
request by any enforcement officer of the City.
UP 11-9 (Dudley)
Page 5
DECISION:
This use permit is amended and approved with the findings and conditions stated above.
SPECIAL CONDITIONS:
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.
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.
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 fust hour
and the last hour of each business day. The full menu shall be offered in both the
eastern and western spaces.
6. Customers shall be provided with individual menus while seated at a table or
counter.
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
. '
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
in the use which would alter the findings or conditions adopted as part of this
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
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
to operation indicating that no more than 39 (until water credits for 49 are
authorized) seats are proposed:.
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 . Qnly This Section . . _;_ __ EN: ?d:{{J
Date $ 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 oF GJC... /
1
/ street the project is D [. fl - ) :{-;+---O )
3
Block: J Lot{s): 1L Parcel # : __ ....;;._..J<:_ __ U ___ 'f __ I
(
2. Lega1Property0wn.er: . -A-t4/;, .--
.'fU4f\t-- e >
Mailing Address: P.O. Box,___ ______ .........--
City: itJB: ,?< 8\lf .eo.,( vW-. State: . Zip: J '
( Telephone# ( ) 0vf .A' 01 ;AX:( ) -------
{ 3. Person: R 7
(OrcteOne
Mailing Address: P.O. Box: J" R
Zip:9:J,Y+hone(_) 777- kFv
City Ucense #: State Ucense #: 7 i'Jl '1 7 1 Type: C:: 1
Value of Project: #' 1
1
Ooo
Check the appropriate Department action proDOsecl:
WORKS DEPT.:
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 X I
eo /V tJ t.4.? L., ,;:7 1:
;z: /V(? f
openingreviseddoc !I2J f _, ,v?
1
, , _ IV04
v---r "' , '".-... -
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
Signature: G Date:
CITY USE ONLY BELOW
Planning: Approve/Disapprove
'7J..
1
h :zstry /Beach: Approve/Disapprove
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: ___
DEPARTMENT AT
831 620-2074 48HRS
IN AD\
1
ANCE OF WORK
START
Use space below for sketch of work proposed:
S:\PlanBJdi\Faans\app!ications\rtreet op<rlirlg rovised.da<: Revised 12104
)
COMMUNITY PlANNING AND BUILDING DEPARTMENT
May 8, 2013
Andrew Swartz
C/o The Lincoln Trust
Spiering, Swartz and Kennedy
550 Hartnell Street
Monterey, CA 93940
(831) 620-2010 OFFICE
(831) 620-2014 FAX
Subject: Lincoln building located on 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
BUILDING PERMIT PERMIT NO.: //, (" ' -
CITY OF CARMEL-BY THE-SEA DATE: rfj /- '.-
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: - ------
Location of Work:
0
Constance 1-.nn Dud ley l"i>OX 53 G 7 CarNt: 1 9 3 '-tr

wner: --- -------- --- - - Address:
Phone:------
' /
Contractor: ----- --'----''.:.... ---- - --, __ ,.,______Address:
Phone; _______ _

City Lie. No.: _____ _____ /::.___ - _ _ _ _
Stat e Lie. No r_ /\\.
Type of Lie.----
Address / /
G 1 \J
Eng. I Arch.: _ ____ __,........: :._/ _ ___ _ _ _
Permit Extensions:
Phone: _____ _
P C: 'i' . I.-:
SITE / VALUATION
_ \\ T
1
f----:$!'___i:l=-' ..:..'
A'f\l E. A OF Permit 15 3 ..:; :_;
FLOOR AREA SITEJ:50VER $25.00
ALLOWEU \ Atj-JWED __ ..- . WHICHEVER IS Mechanical
. '\ GREATER IS Plumbino
EXIf\ NG -
1
_ \'\ REQUIRED Electrical 4 (} 0
( i.. ) CC h icner BECAUSE OF THE Fire Oeot 4 5 0 v

;tck 'f NEW ' '

0 DEMOLISH Oz :PAIR ' TOTAL 7 OF INSPECTIONS 1---!=!EnQ._SC:_!:,r._ _ _______ __
y' NO ( !;_an ge s NECESSARY ON Penal tV
OWNER BUILDER ----;:-.---;;-;::-
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_

DESCRIPTION OF WORK: \
STQRIES OCCUPANCY GROUP I TYPE OF CONST.
1 :, I Vl
SETBACK IN FEET
SIDE SIDE REAR
t C
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
POST OFFICE BOX CC
(831) 62Q-2000
VIA ELECTRONIC MAIL to: susangoldbeckl@att.net
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.
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
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
POST OFFICE BOX CC
(831 ) 620-2000
VIA EMAIL TO: sebviz2@sbcglobal.net
L.A. Paterson
Dear Mr. Paterson:
The City of Carmel-by-the-Sea ("City'') received your written California Public
authority as City Clerk.
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
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 <SebViz2@sbcglobal.net>
Date: April 28, 2014, 10:32:41 AM MST
To: <spaul@ci.carmel.ca.us>
Cc: <SebViz2@sbcglobal.net>
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 mayor-
Why Forest Theater has been shut
By JASON BURNETI
Mayor, Carmel-by-the-Sea
The Carmel Pine Cone, April 25, 2014, 25A
From: Paterson [ mailto:SebViz2@sbcglobal.net]
Sent: Sunday, April 27, 2014 1:42 PM
To: 'dbetancur@ci.carmel.ca.us'
Cc: 'cityclerk@ci.carmel.ca. 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

EXECUTIVE SUMMARY
Life Safety Remedy for Reopening of Forest Theatre & Site
Date: June 2, 2014
11-w Ll,yf ' Hw.+ foUowy w o.- ht'i.,tf of w..cyor
pcye,. -ftr of fV..h
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A t\1AIN COt\1PONENI SCOPE

1 t C KIT ( t 1 S FACILITY /EQUIPMENT UPGRADE ALTERNATES - 1
FOREST THEATRE UPGRADE PLANNING, Cannel, CA
E>dA- o...NJ.., o...NJ.., p.cwtK Joy iA-v
for tLN){., o...NJ.., Joy

Sfo..ee- tLN){., u-e.w-
B. AUDIENCE SEATIN4 COMPONENT SCOPE
tLN){., tLN){., o.c-uw o...NJ..,
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SysttJm.s to tJssis htJa.rinff mua.lly im.pliirtld mtJmbtlJ:s of tatJ audie;.nc:e;
C. ACCESSORY FAC4LITIES COf.IIPONENT SCOPE
Acuw>ry tLN){.,eA-vfry
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D. DISABLED ACCESS COMPONENT SCOPE
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CONCLUSION

pt-i,cr tLN){.,
FACILITY /EQUIPMENT UPGRADE ALTERNATES - 2
FOREST THEATRE UPGRADE PLANNING, Carmel, CA
of ()J of
I).M.()./or ... Coyf- I).M.()./or ...
...
CcYfy UU'V 1%- wVH-v 01'V
of

A I. t tr II E C:: l S F ACILJTY !EQUIPMENT UPGRADE ALTERNATES - 3
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
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
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 f ront & stde masking wails are structurally inadequate. Stage nght
support framing could collapse with current post support, combined with sill plates & 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 incl udes an enclosed, rated exit path that does not include intervening spaces, plus replacement
Space of all non-rated partitions wi th matenals & installation specified in the fire code.
Plumbing Fi xtures & 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.
Ventilati on 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 Secti on 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 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 constructi on &
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.
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
(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.
(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 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 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)
Sections occur in CBC, 2010 ed. (effective prior to Jan 1, 2014), with different section
(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:> UUIIUI II!,IlU diiU lVIII Vlllt: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.
!Accessloe 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 & d1scussed w1th AHJ (Authonty Havmg Junsd1ct1on)
Sections occur in esc, 2010 ed. (effective prior to Jan 1, 2014), with different section
(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)
Sections occur in C8C, 2010 ed. (effective prior to Jan 1, 2014). with different section
(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
P.O. Drawer G
main (831) 620-2010
direct (831} 620-2057
rmullane@ci .carmel.ca.us
1
May 7, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: SebViz2@sbcglobal.net
L.A. Paterson
Village in the Forest
Dear Ms. Paterson:
Very truly yours,
Jason Stilwell
~
City Administrator
From: Pat erson <SebViz2@sbcglobal. net>
Date: Apri l 28, 2014, 10:32:41 AM MST
To: <spaul @ci.car mel.ca.us>
Cc: <SebViz2@sbcglobal.net>
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:SebViz2@sbcglobal.net]
Sent: Sunday, April 27, 2014 1:42 PM
To: 'dbetancur@ci. carmel.ca.us'
Cc: 'cityclerk@ci.carmel.ca,us'
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,
w t d k o o ~
Executive Assistant
City Of Carmel-by-the-Sea
P.O. Box CC
Carmel, CA.93921
yoblander@ci .carmel.ca.us
Office- (831)620-2056
Mobile -(831)869-6625
Fax - (831)-620-2004
1
June 6, 2014
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: sebviz2@sbcglobal.net
L.A. Paterson
Dear L.A.Paterson:
The City of Carmel-by-the-Sea ("City") received your California Public Records
time pursuant to California Govenunent Code Section 6253 in order to adequately
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
POST OFFICE BOX CC
(831) 620-2000
VIA ELECTRONIC MAIL to: prareguest@bayareanewsgroup.com
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
~
City Administrator
May 16,2014
POST OFFICE BOX CC
(831) 620-2000
Thomas Peele
Bay Area News Group
Dear Mr. Peele:
The City of Carmel-by-the-Sea ("City") received your emailed California Public
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).
which might fall within the scope of your Records Request, and, as such, we believe our
Very truly yours,
Jason Stilwell
~
City Administrator
May 9, 2014
POST OFFICE BOX CC
(831) 620-2000
Thomas Peele
Bay Area News Group
Dear Ms. Schley:
Act request on April 30, 2014 ("Records Request"). This response is sent on my authority
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
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 [prarequest@bayareanewsgroup.com]
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
jstilwell@ci.carmel.ca.us
Mr. Stillwell,
prareguest@bayareanewsgroup.com
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
3
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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.

Subject: FW: Public Records Request. doc
From: Steve Kenny [mailto:steye@constructioninsider.net]
Sent: Sunday, April27, 2014 10:07 AM
To: Marianne Grover
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
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<mailto:steve@constructioninsider.net>
..
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
Steven M Kenny
831-331-6327
steve@constructioninsider . net
Public Records Act
GOVERNMENT CODE
SECTION 6250- 6270
California Public Records Act .
6252. As used in this chapter :
2
Steven M Kenny
831-331- 6327
Public Records Act
GOVERNMENT CODE
SECTION 6250-6270
6251 . This chapter shall be known and may be cited as the
1
2
Associated Permits
APPLICATION FOR RESIDENTIAL DESIGN STUDY
Fcc
Receipt
Date
Application No .
Property Owner ( "t'\-
Mailing Address
Email Address
____ City, Clr
0!\ u W'\ Fax
SM\b.
1
'tlt- Avt..

Assessor's Parcel No. D I D - () 3 "o 3 oo D
J-.11\. 14 z ., 1-
Date
Name of Contact
City, State, Zip Ur 4 o Fax
Email Addmis
/444.1-+
Date
TRACie ONE-ADMINISTRATIVE D.ESIGN REVIEW PDtMIT
0 Feacee IDd wan. 0
0 Site c:.haoge 0 Miao.r lllerlltioa to an historic !'IIIOUiee
0 McJitions or altratioua (DOt iDcreasiDg exiscing heisht and 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 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
Planning & Building Dept.
May 7, 2014
POST OFFICE BOX CC
(831) 620..2000
VIA ELECTRONIC MAIL to: steve@constructioninsider.net
Steven M. Kenny
Phone: (831) 331-6327
Dear Mr. Kenny:
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
search is quite thorough. However, ifyou have knowledge of a specific document which
Very truly yours,
Jason Stilwell
~
City Administrator
APPUCATION FOR RESIDENTIAL DESIGN STUDY
Fcc
Receipt
Date
s /4-7'7 ,a::;
Application No.
B!ff
Property Owner
Mailins Address
Email Addras

.,tt,..,f I 'ttl. dwh -{hiM 011\
..-; tdc.
AIBca&ol's hrcel No. t> I D- D #O:J - t:JD o
'let 11
Date
lftdw11UhJmfD recdve all lllfll4dt.u regtiWlbrg t1ri1 appllctltlon:
NamcofContad Mc.rr.Jtt Jl...,lt'1 fo.--nt< 1>-.""1 1'hoae [851)
.
MailiagMdlas a.e; pl .. t tp
City, Smtc, Zip Mmitrt.'1 Ur 4 o Fu
B1Dail AddR:n tM rr\tt
.)Nt.I.J.
. Date

F.-ud Willi 0 Elteriar......at ..
0 __
MfiCicW otaherdoaa (DOt ilcn-iq ailqllli&flt .. by....,dlllll"')
GfNow4wdlial 0 SufWeatielallcndoll 0 ltmsicamiPJM.1MIIi4elipt. __ _
8
ia\'Olw.s ftiiDOwl ..Uoc tlpificd fialb ar!oot c:attiDa ota.ifjgat no.
Project mvolva 11101'0 diiD JBioorlll:emtion to anhiltaric reiCMII'GO (per CM'C 17.32.15)
Ntu Jeh.,J,cJ aeq' .t+t!fl t'l"')t koa.t.u.
ftlt ,_,,.. 'iiJfb .. M(r
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 ~ WITHifOLDlNG
Personal Address, Personal Phone, and Personal E-mail Address
City of
Application for
Carmel-
Residential Design
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
Times Mirror Co. v. Superior Court (1991) 53 Cal.3d 1325.

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PUBLIC RECORDS REQUEST LOG 2014

Page 3 Current as of 10/17/2014 Time: 9:24 AM

TAXES N ALL REVENUES COLLECTED. .

On the '3-(! day of \r . .\- 2012, I mailed the

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