Thursday, October 11, 2018

PUBLIC RECORDS ACT (PRA) LOG AUGUST 2018, PRA 2018-116 through PRA 2018-130


PRA LOG 
AUGUST 2018 
PRA 2018-116 through PRA 2018-130

ABSTRACT: For the month of Aigist 2018, the City Clerk’s Office received fifteen (15) California Public Records Act requests, specifically PRA 2018-116 through PRA 2018-130, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report April 2018 to Honorable Mayor and City Council Members, SUBMITTED BY Thomas A. Graves, City Clerk and 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.

REQUEST NUMBER 2018-116

REQUEST DATE 8/3/2018
STATUS Completed
COMPLETED DATE 8/3/2018
REQUESTOR Kelly Basoco, Koff & Associates
INFORMATION REQUESTED 1. Current organizational chart 2. Benefit questions 3. Class specs See request for details of request

PRA 2018-116

REQUEST NUMBER 2018-117

REQUEST DATE 8/6/2018
STATUS Completed
COMPLETED DATE 8/16/2018
and 2018-102
REQUESTOR Paterson
INFORMATION REQUESTED Paterson Copies of Public Records Act requests and City's
responses to PRA requests, City Clerk's Office,
Request Numbers 2018-085 through 2018-098

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 August 6, 2018. 

Electronic copies of Public Records Act requests and City’s responses to PRA requests, City Clerk’s Office, REQUEST NUMBERS 2018-085 through 2018-098 and 2018-102. (PRA LOG JUNE 2018)

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

2018-085 = Response sent 6/14/2018
2018-086 = Dropbox Link 
2018-087 = Dropbox Link
2018-088 = Dropbox Link
2018-089 = Response sent 6/8/2018
2018-090 = Dropbox Link
2018-091 = Dropbox Link
2018-092 = Dropbox Link
2018-093 = Response sent 6/27/2018
2018-094 = Response sent 6/27/2018
2018-095 = Response sent 6/27/2018
2018-096 = Dropbox Link
2018-097 = Dropbox Link
2018-098 = Response sent 7/9/2018
2018-102 = Dropbox Link


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.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

REQUEST NUMBER 2018-118
REQUEST DATE 8/6/2018
STATUS Completed
COMPLETED DATE 8/6/2018
REQUESTOR Kathleen White
INFORMATION REQUESTED Kathleen White Copy of residential survey.

PRA 2018-118

REQUEST NUMBER 2018-119

REQUEST DATE 8/3/2018
STATUS Completed
COMPLETED DATE 8/6/2018
REQUESTOR 8/6/2018 Sue McCloud
INFORMATION REQUESTED Copy of Don Freeman's contract

PRA 2018-119

REQUEST NUMBER 2018-120

REQUEST DATE 8/6/2018
STATUS Completed
COMPLETED DATE 816/2018
REQUESTOR Paterson
INFORMATION REQUESTED Paterson RE: "In an email to Hardy over the weekend, Voices asked her to expand on her rationale for the current proposal. She responded with an email to Shapiro arguing that as a party to litigation with the city, this writer is somehow barred from communicating with council members. Shapiro advised her that that is not the case." Copies of the aforementioned correspondence and any other correspondence between the City & Voices, Royal Calkins, Neil Shapior on the aforementioned topic.

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 August 16, 2018. 


RE: “In an email to Hardy over the weekend, Voices asked her to expand on her rationale for the current proposal. She responded with an email to Shapiro arguing that as a party to litigation with the city, this writer is somehow barred from communicating with council members. Shapiro advised her that that is not the case.”
SOURCE: AUGUST 5, 2018
Carmel Council poised to give attorney big raise despite resumé issues
KSBW editorial in support of Voices’ public records lawsuit
By Royal Calkins
Electronic copies of the aforementioned correspondence and any other correspondence between the City & Voices, Royal Calkins, Neil Shapiro on the aforementioned topic.

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.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

PRA 2018=120
From: Neil Shapiro <nlshapiro@sbcglobal.net>
Date: August 4, 2018 at 8:28:06 PM PDT
To: Carolyn Hardy <chardy824@gmail.com>
Cc: Jon Giffen <jgiffen@kaglaw.net>, Gerard Rose <Gerard@gerardroselaw.com>
Subject: Re: Your Client Calkins


REQUEST NUMBER 2018-121
REQUEST DATE 8/8/2018
STATUS Completed
COMPLETED DATE 8/9/2018
REQUESTOR Paul Jalbert Investments Retrievers
INFORMATION REQUESTED Print and email ANY business licenses, with city of Carmel, under following: Silvia J Sweidan aka: Silvia Ghanma or associated with/registered at, addresses: 15310 Rains Ct, Moorpark, CA; 3 Rancho San Carlos Rd, Carmel, CA; 25880 Rio Vista Dr, Carmel, CA

PRA 2018-121

REQUEST NUMBER 2018-122

REQUEST DATE 8/8/2018
STATUS Withdrawn
COMPLETED DATE 8/9/2018
REQUESTOR Mary Schley - Carmel Pine Cone
INFORMATION REQUESTED How much has been paid to Glen Mozingo to date

PRA 2018-122

REQUEST NUMBER 2018-123

REQUEST DATE 8/10/2018
STATUS Completed
COMPLETED DATE 8/10/2018
REQUESTOR Neil Shapiro
INFORMATION REQUESTED G Mozingo contract

PRA 2018-123

REQUEST NUMBER 2018-124

REQUEST DATE 8/13/2018
STATUS
COMPLETED DATE 8/23/2018
REQUESTOR Paterson
INFORMATION REQUESTED 1. RE: 4. City Council Special Meeting Agenda, Monday, August 6, 2018 Consent Agenda 4. Resolution No. 2018-071, Authorizing the Mayor to execute a legal service agreement with G.R. Mozingo, Esq, APC (A Professional Corporation) effective July 1, 2018 and ending June 30, 2023. Electronic copies of "amended resolution and staff report" and "provisions of the contract" and all other information not provided in the agenda packet. 2. City Council Agenda Regular Meeting Tuesday, August 7, 2018 Orders of Business 2. Update on history of legal proceedings and council decisions regarding the Flanders Mansion property. Electronic copies of materials regarding aforementioned agenda item.


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 August 13, 2018. 


RE: 4. CITY COUNCIL SPECIAL MEETING AGENDA
Monday, August 6, 2018
CONSENT AGENDA
4. RESOLUTION NO. 2018-071, AUTHORIZING THE MAYOR TO EXECUTE A LEGAL SERVICE AGREEMENT WITH G.R. MOZINGO, ESQ, APC (A PROFESSIONAL CORPORATION) EFFECTIVE JULY 1, 2018 AND ENDING JUNE 30, 2023
Electronic copies of “amended resolution and staff report” and “provisions of the contract” and all other information not provided in the agenda packet.

CITY COUNCIL AGENDA
REGULAR MEETING
Tuesday, August 7, 2018
ORDERS OF BUSINESS
2. UPDATE ON HISTORY OF LEGAL PROCEEDINGS AND COUNCIL DECISIONS REGARDING THE FLANDERS MANSION PROPERTY.
Electronic copies of materials regarding aforementioned agenda item.

This item was an oral presentation to the City Council by Jon Giffen, Assistant City Attorney.

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.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

PRA 2018-124

REQUEST NUMBER 2018-125

REQUEST DATE 8/16/2018
STATUS Completed
COMPLETED DATE 8/16/2018
REQUESTOR Mary Schley -
Carmel Pine Cone
INFORMATION REQUESTED Copy of the petitions submitted in support of
the restaurant improvement district

PRA 2018-125

REQUEST NUMBER 2018-126

REQUEST DATE 8/16/2018
STATUS Completed
COMPLETED DATE 9/6/2018
REQUESTOR Sue McCloud
INFORMATION REQUESTED Copy of Wilson Wendt law firm analysis of Flanders options and costs

PRA 2018-126

REQUEST NUMBER 2018-127

REQUEST DATE 8/20/2018
STATUS Completed
COMPLETED DATE 8/20/2018
REQUESTOR Cameron Slovic – Stanford University
INFORMATION REQUESTED Fiscal emergency resolutions since the beginning of the 2000 fiscal year. Resolutions for holding emergency tax elections and emergency negotiations with public employees.

PRA 2018-127

REQUEST NUMBER 2018-128

REQUEST DATE 8/21/2018
STATUS Completed
COMPLETED DATE 8/22/2018
REQUESTOR Kimbley Craig
INFORMATION REQUESTED  1. Any and all records showing the number of arrests made for sex trafficking for the period January 1, 2014 through present. 2. Any and all records showing the number of arrests made for labor trafficking for the period January 1, 2014 through present.

PRA 2018-128

REQUEST NUMBER 2018-129
REQUEST DATE 8/27/2018
STATUS Completed
COMPLETED DATE 9/6/2018
REQUESTOR Paterson
INFORMATION REQUESTED  Electronic copy of document(s) articulating City of Carmel-by-the-Sea's policy and proper procedures regarding the expenditure of taxpayer monies for litigation

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 August 27, 2018. 

Electronic copy of document(s) articulating City of Carmel-by-the-Sea’s policy and proper procedures regarding the expenditure of taxpayer monies for litigation.

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.


--
Tom Graves, MMC
City Clerk
PO Box CC
Carmel, CA  93921
831-620-2016

State of California
GOVERNMENT CODE
Section 54956.9

54956.9. (a) Nothing in this chapter shall be construed to prevent a legislative body of a local agency, based on advice of its legal counsel, from holding a closed session to confer with, or receive advice from, its legal counsel regarding pending litigation when discussion in open session concerning those matters would prejudice the position of the local agency in the litigation.

(b) For purposes of this chapter, all expressions of the lawyer-client privilege other than those provided in this section are hereby abrogated. This section is the exclusive expression of the lawyer-client privilege for purposes of conducting closed-session meetings pursuant to this chapter.

(c) For purposes of this section, “litigation” includes any adjudicatory proceeding, including eminent domain, before a court, administrative body exercising its adjudicatory authority, hearing officer, or arbitrator.

(d) For purposes of this section, litigation shall be considered pending when any of the following circumstances exist:

(1) Litigation, to which the local agency is a party, has been initiated formally.

(2) A point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, based on existing facts and circumstances, there is a significant exposure to litigation against the local agency.

(3) Based on existing facts and circumstances, the legislative body of the local agency is meeting only to decide whether a closed session is authorized pursuant to paragraph (2).

(4) Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.

(e) For purposes of paragraphs (2) and (3) of subdivision (d), “existing facts and circumstances” shall consist only of one of the following:

(1) Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed.

(2) Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced.

(3) The receipt of a claim pursuant to the Government Claims Act (Division 3.6 (commencing with Section 810) of Title 1 of the Government Code) or some other written communication from a potential plaintiff threatening litigation, which claim or communication shall be available for public inspection pursuant to Section 54957.5.

(4) A statement made by a person in an open and public meeting threatening litigation on a specific matter within the responsibility of the legislative body.

(5) A statement threatening litigation made by a person outside an open and public meeting on a specific matter within the responsibility of the legislative body so long as the official or employee of the local agency receiving knowledge of the threat makes a contemporaneous or other record of the statement prior to the meeting, which record shall be available for public inspection pursuant to Section 54957.5. The records so created need not identify the alleged victim of unlawful or tortious sexual conductor anyone making the threat on their behalf, or identify a public employee who is the alleged perpetrator of any unlawful or tortious conduct upon which a threat of litigation is based, unless the identity of the person has been publicly disclosed.

(f) Nothing in this section shall require disclosure of written communications that are privileged and not subject to disclosure pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1).

(g) Prior to holding a closed session pursuant to this section, the legislative body of the local agency shall state on the agenda or publicly announce the paragraph of subdivision (d) that authorizes the closed session. If the session is closed pursuant to paragraph (1) of subdivision (d), the body shall state the title of or otherwise specifically identify the litigation to be discussed, unless the body states that to do so would jeopardize the agency’s ability to effectuate service of process upon one or more unserved parties, or that to do so would jeopardize its ability to conclude existing settlement negotiations to its advantage.

(h) A local agency shall be considered to be a “party” or to have a “significant exposure to litigation” if an officer or employee of the local agency is a party or has significant exposure to litigation concerning prior or prospective activities or alleged activities during the course and scope of that office or employment, including litigation in which it is an issue whether an activity is outside the course and scope of the office or employment.

(Amended by Stats. 2012, Ch. 759, Sec. 7. (AB 2690) Effective January 1, 2013.)

PRA 2018-129

REQUEST NUMBER 2018-130
REQUEST DATE 8/27/2018
STATUS Completed
COMPLETED DATE 8/28/2018
REQUESTOR Rita Ritz - City of Brookings, OR
INFORMATION REQUESTED Copies of Ordinances: 77-1, 78-9, 89-25, 291,
201, 380, 380.1, 380.2, 630, 630.1, 630.2, 631.01
NOTES  8/27 – clarification e-mail sent
8/28/18 response documents mailed

PRA 2018-130

No comments: