Wednesday, June 26, 2019

PUBLIC RECORDS ACT (PRA) LOG APRIL 2019: PRA 2019-074 through PRA 2019-086

ABSTRACT:  For the month of April 2019,  the City Clerk’s Office received thirteen (13) California Public Records Act requests, specifically, PRA 2019-074 through PRA 2019-086, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report April 2019 TO Honorable Mayor and City Council Members, SUBMITTED BY Leslie Fenton, Acting City Clerk,  APPROVED BY Chip Rerig, City Administrator. Information for each PRA request, including REQUEST NUMBER, REQUEST DATE, STATUS, COMPLETED DATE, REQUESTOR, INFORMATION REQUESTED, NOTES and City Response document copies are embedded.

PRA LOG
APRIL 2019
PRA 2019-074 through PRA 2019-086

REQUEST NUMBER 2019-074
REQUEST DATE 4/1/2019
STATUS Completed
COMPLETED DATE 4/10/2019
REQUESTOR Paterson
INFORMATION REQUESTED 1. Electronic copies of applications to the City from any and all city council members who applied "on an expedited basis" for their rental units to be approved for transient rentals in the commercial district between January 1, 2019 and the present 2. Electronic copies of applications to the City from commercial district property owners for conversion of their long-term rentals to transient occupancy between January 1, 2019 and the present 3. Electronic copy of the City's conflict of interest policy as it pertains to city council members deliberating and voting on agenda items


Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on April 1, 2019. 

1.  Electronic copies of applications to the City from any and all city council members who applied “on an expedited basis” for their rental units to be approved for transient rentals in the commercial district between January 1, 2019 and the present.
2.  Electronic copies of applications to the City from commercial district property owners for conversion of their long-term rentals to transient occupancy between January 1, 2019 and the present.
3.  Electronic copy of the City’s conflict of interest policy as it pertains to city council members deliberating and voting on agenda items.

In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

1.  There are no responsive records relevant to your request.
2.  Attached
3.  Attached


As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.

--
Leslie Fenton
Executive Assistant
PO Box CC
Carmel, CA  93921
831-620-2016

PRA 2019-074 City Response

REQUEST NUMBER 2019-075
REQUEST DATE 4/1/2019
STATUS Completed
COMPLETED DATE 4/4/2019
REQUESTOR Mary Schley
INFORMATION REQUESTED Copies of completed PRA requests 2019-057 and 2019-067

REQUEST NUMBER 2019-057
REQUEST DATE 3/1/2019
STATUS Completed
COMPLETED DATE 3/18/2019
REQUESTOR Carolyn Hardy
INFORMATION REQUESTED Any electronic communications, including text messages, sent by Council member Bobby Richards in the last three months that mention or reference the city attorney or any present or former council members
NOTES 3/12/19 – clarification as to who included in "former council members"
PRA 2019-057 City Response

REQUEST NUMBER 2019-067
REQUEST DATE 3/18/2019
STATUS Completed Re-sent
COMPLETED DATE 3/26/2019 4/3/19
REQUESTOR Carolyn Hardy
INFORMATION REQUESTED Electronic communications, including any text messages, between (meaning "to and from") Council Member Bobby Richards and blogger Royal Calkins - also known asn "The Partisan" - or anyone else who writes or has written for the Voices of Monterey Bay blog (including Attorney Neil Shapiro). The search parameters are the dates from February 1, 2018 to March 18, 2019.
PRA 2019-067 City Response

PRA 2019-075 City Response

REQUEST NUMBER 2019-076
REQUEST DATE 3/18/2019 3/28/2019
14-DAY EXTENSION DATE 4/11/2019
STATUS Completed
COMPLETED DATE
REQUESTOR Carolyn Hardy
INFORMATION REQUESTED 2. please have Council Member Bobby Richards provide his phone records for the period of February 1, 2018 through March 18, 2019 from any phone - public or private-that has been used for public business in his role as a councilman
PRA 2019-076 City Response

REQUEST NUMBER 2019-077
REQUEST DATE  4/8/2019
STATUS Completed
COMPLETED DATE 4/11/2019
REQUESTOR Royal Calkins
INFORMATION REQUESTED Access to all public records requests submitted to the city in February, March and April of 2018 by former Councilwoman Carolyn Hardy, and the responses to those requests. Clarification - February, March and April of 2019
NOTES 4/8/19 – date clarification e-mail sent
REQUEST NUMBER 2019-057
REQUEST DATE 3/1/2019
STATUS Completed
COMPLETED DATE 3/18/2019
REQUESTOR Carolyn Hardy
INFORMATION REQUESTED Any electronic communications, including text messages, sent by Council member Bobby Richards in the last three months that mention or reference the city attorney or any present or former council members
NOTES 3/12/19 – clarification as to who included in "former council members"
PRA 2019-057 City Response

REQUEST NUMBER 2019-067
REQUEST DATE 3/18/2019
STATUS Completed Re-sent
COMPLETED DATE 3/26/2019 4/3/19
REQUESTOR Carolyn Hardy
INFORMATION REQUESTED Electronic communications, including any text messages, between (meaning "to and from") Council Member Bobby Richards and blogger Royal Calkins - also known asn "The Partisan" - or anyone else who writes or has written for the Voices of Monterey Bay blog (including Attorney Neil Shapiro). The search parameters are the dates from February 1, 2018 to March 18, 2019.
PRA 2019-067 City Response

PRA 2019-077 City Response

REQUEST NUMBER 2019-078
REQUEST DATE 4/9/2019
STATUS Completed
COMPLETED DATE 4/19/2019
REQUESTOR David Meloy - Bureau Veritas North America
INFORMATION REQUESTED Records related to architectural, engineering, municipal administration, and other professional services (including architecture, building code plan check and inspection services; civil engineering and surveying; electrical and mechanical engineering;
environmental services; geotechnical engineering, deologic, geomorphic, and materials testing services; planning services; structural engineering; and traffic engineering) for the City of Carmel-by-the-Sea during the period of July 1, 2017 thru June 30, 2019: 1. current contracts with associated fee schedules; 2. All proposals submitted for the above requested services by consultants

PRA 2019-078 City Response
NOTE: For 1. current contracts with associated fee schedules; 2. All proposals submitted for the above requested services by consultants, View successive posts.

REQUEST NUMBER 2019-079
REQUEST DATE 4/9/2019
STATUS Completed
COMPLETED DATE 4/11/2019
REQUESTOR Royal Calkins
INFORMATION REQUESTED Review the proposals from people or entities who were interested in renovating and occupying Flanders Mansion
PRA 2019-079 City Response

REQUEST NUMBER 2019-080
REQUEST DATE 4/5/2019
STATUS Completed
COMPLETED DATE 4/11/2019
REQUESTOR Mary Schley
INFORMATION REQUESTED Flanders - copies of proposals
PRA 2019-080 City Response

REQUEST NUMBER 2019-081
REQUEST DATE 4/10/2019
STATUS Completed
COMPLETED DATE 4/15/2019
REQUESTOR Kent Ipsen
INFORMATION REQUESTED List of projects within the commercial district that have been extended the fees waiver under the ordinance that Marc drafted and was ultimately passed by the City Council in December of 2018
PRA 2019-081 City Response

REQUEST NUMBER 2019-082
REQUEST DATE 4/11/2019
14-DAY EXTENSION DATE 5/5/2019 
STATUS Completed
COMPLETED DATE 5/1/2019
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any
*UNCOMPLETED

Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on April 11, 2019, and a 14-day Extension requested by the City on April 19, 2019. 

Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and the present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any  

In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.

--
Leslie Fenton
Executive Assistant
PO Box CC
Carmel, CA  93921
831-620-2016

Please advise.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Friday, May 03, 2019 2:56 PM
To: 'city-clerk-pra@ci.carmel.ca.us'
Cc: 'SebViz2@sbcglobal.net'
Subject: RE: PRA 2019-082

RE: “in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.”

Original Message -----
From: "DH4VR" DH4VR@protonmail.com
To: "dpotter" dpotter@ci.carmel.ca.us,
Sent: Wednesday, March 20, 2019 11:36:46 AM
Subject: Robert Harary Background Information

"Carmel Highlands" email commentary dated 2/21/2019 regarding Robert Harary having a temper and being a ticking time bomb may have merit…



‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Thursday, March 21, 2019 10:28 AM, DH4VR <DH4VR@protonmail.com> wrote:

Many in the public community at large take exception to the "Administrative Leave With Pay" discipline of Mr. Harary.   A week or so of full pay away from the office is not punishment…


Original Message ‐‐‐‐‐‐‐
On Monday, March 25, 2019 12:52 PM, DH4VR <DH4VR@protonmail.com> wrote:

You may find  two civil lawsuits in San Bernardino County Superior Court of interest.  Ms. Brenna Hunter and Ms. Roxanne Williams, both employees of Wilson and Company and both apparently supervised by Mr. Harary, filed separate harassment lawsuits (San Bernardino County Superior Court Case Nos. CIVSS810152 and CIVSS809780). …


From: City Clerk PRA [mailto:city-clerk-pra@ci.carmel.ca.us]
Sent: Wednesday, May 01, 2019 12:02 PM
To: Paterson
Cc: Chip Rerig; Maxine Gullo; Jon Giffen
Subject: PRA 2019-082

Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on April 11, 2019, and a 14-day Extension requested by the City on April 19, 2019. 

Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and the present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any  

In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.

--
Leslie Fenton
Executive Assistant
PO Box CC
Carmel, CA  93921
831-620-2016

I would appreciate you complying with my PRA request of 36 days ago (April 11, 2019).

Ms. Paterson


From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Friday, May 10, 2019 5:51 AM
To: 'city-clerk-pra@ci.carmel.ca.us'
Cc: 'dpotter@ci.carmel.ca.us'; 'carrie@carrieforcarmel.com'; 'janetr2016@gmail.com'; 'letsgocarmel@gmail.com'; 'jbaron@ci.carmel.ca.us'; 'crerig@ci.carmel.ca.us'
Subject: FW: PRA 2019-082

I would appreciate you expeditiously complying with my PRA request of 29 days ago (April 11, 2019).

Ms. Paterson


From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Thursday, May 09, 2019 4:29 PM
To: 'city-clerk-pra@ci.carmel.ca.us'
Cc: 'SebViz2@sbcglobal.net'
Subject: FW: PRA 2019-082

Please advise.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Friday, May 03, 2019 2:56 PM
To: 'city-clerk-pra@ci.carmel.ca.us'
Cc: 'SebViz2@sbcglobal.net'
Subject: RE: PRA 2019-082

RE: “in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.”

Original Message -----
From: "DH4VR" DH4VR@protonmail.com
To: "dpotter" dpotter@ci.carmel.ca.us,
Sent: Wednesday, March 20, 2019 11:36:46 AM
Subject: Robert Harary Background Information

"Carmel Highlands" email commentary dated 2/21/2019 regarding Robert Harary having a temper and being a ticking time bomb may have merit…



‐‐‐‐‐‐‐ Original Message ‐‐‐‐‐‐‐
On Thursday, March 21, 2019 10:28 AM, DH4VR <DH4VR@protonmail.com> wrote:

Many in the public community at large take exception to the "Administrative Leave With Pay" discipline of Mr. Harary.   A week or so of full pay away from the office is not punishment…


Original Message ‐‐‐‐‐‐‐
On Monday, March 25, 2019 12:52 PM, DH4VR <DH4VR@protonmail.com> wrote:

You may find  two civil lawsuits in San Bernardino County Superior Court of interest.  Ms. Brenna Hunter and Ms. Roxanne Williams, both employees of Wilson and Company and both apparently supervised by Mr. Harary, filed separate harassment lawsuits (San Bernardino County Superior Court Case Nos. CIVSS810152 and CIVSS809780). …


From: City Clerk PRA [mailto:city-clerk-pra@ci.carmel.ca.us]
Sent: Wednesday, May 01, 2019 12:02 PM
To: Paterson
Cc: Chip Rerig; Maxine Gullo; Jon Giffen
Subject: PRA 2019-082

Ms. Paterson -

The City of Carmel-by-the-Sea has received your request for documents and records pursuant to the California Public Records Act, sent via email on April 11, 2019, and a 14-day Extension requested by the City on April 19, 2019. 

Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and the present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any  

In accordance with the requirements of the above referenced Act, the City is providing the following records, which are responsive to your request. 

As authorized by the California Public Records Act, some documents may have been redacted to protect the privacy rights of individuals.

Every effort has been made to thoroughly search for all of the records which might fall within the scope of your records request.  However, in the event that you have knowledge of a specific document which has not been produced in response to your request, please notify us and we will search for that particular item.  Provided that the item that you are seeking is not exempt from disclosure, pursuant to Government Code 6254, that document will be provided in a timely manner.

--
Leslie Fenton
Executive Assistant
PO Box CC
Carmel, CA  93921
831-620-2016


Mayor Dave Potter:

RE: PRA Request 2019-082 (April 11, 2019)
Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and the present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any.


In accordance with the responsibilities of your office, I am writing to request that you forward correspondence to the City from DH4VR@protonmail.com and any others pertaining to the aforementioned PRA request of 44 days ago and follow-up to ensure the City fulfills its obligations under the California Public Records act by transmitting said public records to me.

Ms. Paterson

RE: PRA LOG APRIL 2019
REQUEST NUMBER 019-082
REQUEST DATE April 11, 2019
10-DAY DUE DATE 4/21/2019
14-DAY EXTENSION DATE 5/5/2019
STATUS Completed 5/1/2019
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copies of correspondence from members of the public regarding Public Works Director Robert Harary between February 11, 2019 and the present, including but not limited to correspondence from DH4VR@protonmail.com and City responses, if any.

CORRECTION: STATUS UNCOMPLETED
View May 3 mail for correspondence from DH4VR@protonmail.com and comply by sending said correspondence. 

PRA 2019-082 City Response

REQUEST NUMBER 2019-083
REQUEST DATE 4/11/2019
14-DAY EXTENSION DATE 5/5/2019
STATUS
COMPLETED DATE
REQUESTOR Paterson
INFORMATION REQUESTED 1. Electronic copies of records and communications related to e-mail from Chip Rerig to Robert Harary, sent Monday, February 11, 2019 at 9:46 AM, stating
"I'm sure you didn't send the response. Let's ask Joel to check on whether your email has been hacked," including but not limited to, communications involving Joel Staker, Maxine Gullo, Paul Tomasi and Luke Powell. 2. Electronic copies of documents, records and communications comprising the "investigation" into Public Works Director Robert Harary by City Administrator Chip Rerig during the period Haray was placed on paid administrative leave on or about
February 11, 2019 and ending on or about February 20, 2019 with Harary returning to work

“PENDING”
PRA 2019-083 City Response

REQUEST NUMBER 2019-084
REQUEST DATE 4/11/2019
14-DAY EXTENSION DATE 5/5/2019
STATUS
COMPLETED DATE
REQUESTOR Paterson
INFORMATION REQUESTED 1. Electronic copy of application materials, including but not limited to resume, of Robert Harary to the City of Carmel-by-the-Sea for the position of public works director around May 2017 2. Electronic copy of current contract between the City of Carmel-by-the-Sea and Robert M. Harary 3. Based on Administrator Chip Rerig's statement "We had an open and competitive process for both positions," electronic copies of all applications from applicants for the position of public works director

“PENDING”
Robert Harary
City of Carmel by the Sea
Director of Public Works (16207941)
Application / Director of Public Works

CITY OF CARMEL-BY-THE-SEA
PUBLIC WORKS DIRECTOR AT-WILL
EMPLOYMENT AGREEMENT
June 19, 2017-shall continue unless terminated by either party
PRA 2019-084 City Response

REQUEST NUMBER 2019-085
REQUEST DATE 4/18/2019 
STATUS Completed
COMPLETED DATE 4/19/2019
REQUESTOR Beverly Sanders
INFORMATION REQUESTED List of new short term rental permits requested downtown, specifically the Broche Building
PRA 2019-085 City Response

REQUEST NUMBER 2019-086
REQUEST DATE 4/24/2019
STATUS Completed
COMPLETED DATE 5/7/2019
REQUESTOR Mary Schley
INFORMATION REQUESTED How much revenue comes to the city from parking tickets, specifically
PRA 2019-086 City Response

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