Tuesday, August 27, 2019

PUBLIC RECORDS ACT (PRA) LOG JUNE 2019: PRA 2019-103 through PRA 2019-133 (PRA 2019-103 through 113)

ABSTRACT:  For the month of June 2019,  the City Clerk’s Office received thirty-one (31) California Public Records Act requests, specifically, PRA 2019-103 through PRA 2019-133, according to the CITY OF CARMEL-BY-THE-SEA Monthly Report April 2019 TO Honorable Mayor and City Council Members, SUBMITTED BY Britt Avrit, 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 featuring PRA 2019-103 through PRA 2019-113

PRA LOG
JUNE 2019
PRA 2019-103 through PRA 2019-113

REQUEST NUMBER 2019-103
REQUEST DATE 6/5/2019
STATUS Completed
COMPLETED DATE 7/15/2019
REQUESTOR Adam Warner
INFORMATION REQUESTED Following documents for PRECISION GRADE INC: 1. copy of all certified payrolls (Form A1131) submitted for project 2. statement of employer payments (Form PW26) 3. inspector logs 4. list of subcontractors 5. notice of completion 6. project description/information
NOTES 6/24/19 email sent, project just completed, awaiting final paperwork 6/25/19 partial response documents sent 7/16/19 final response documents sent
PRA 2019-103 City Response

REQUEST NUMBER 2019-104
REQUEST DATE 6/6/2019
STATUS Completed
COMPLETED DATE 6/14/2019
REQUESTOR Mary Schley
INFORMATION REQUESTED All disclosable correspondence regarding the release of the Dallas investigation report
PRA 2019-104 City Response

REQUEST NUMBER 2019-105
REQUEST DATE 6/6/2019
STATUS Completed
COMPLETED DATE 6/20/2019
REQUESTOR Mary Schley
INFORMATION REQUESTED When it's released, please send me a copy of the redacted Dallas investigation report

PRA 2019-105 City Response

REQUEST NUMBER 2019-106
REQUEST DATE 6/7/2019
STATUS Completed
COMPLETED DATE 7/16/2019
REQUESTOR Judy Refuerzo
INFORMATION REQUESTED All electronic communications including texts messages to and from the Mayor and Vice Mayor from March 1st through June 7th regarding beach fires, beach pilot program, LCP, and CDP, include emails and texts sent from their personal devices not just personal devices but include personal emails, texts
PRA 2019-106 City Response

REQUEST NUMBER 2019-107
REQUEST DATE 6/10/2019
STATUS Completed
COMPLETED DATE 6/10/2019
REQUESTOR Paterson
INFORMATION REQUESTED Electronic copy of City's "analytical pavement management computer system" output, recommendations, "actual field information," "collected in the summer of 2018" to determine slurry seal and overlay street segments 125

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 June 10, 2019. 

Electronic copy of City’s “analytical pavement management computer system” output, recommendations, “actual field information,” “collected in the summer of 2018” to determine slurry seal and overlay street segments 1-25.  

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

PRA 2019-107 City Response

REQUEST NUMBER 2019-108
REQUEST DATE 6/11/2019
STATUS Completed
COMPLETED DATE 6/27/2019
REQUESTOR Tim Allen
INFORMATION REQUESTED Room count allowed, restaurant seats allowed, TOT records per room for Colonial Terrace Inn and L'Auberge.
PRA 2019-108 City Response

REQUEST NUMBER 2019-109
REQUEST DATE 6/11/2019
STATUS Completed
COMPLETED DATE 6/14/2019
REQUESTOR Royal Calkins
INFORMATION REQUESTED Copy of a recent letter to the city on behalf of Steve Dallas objecting to the release of what is being called the Dallas Report, the report of the city’s investigation into allegations of bad behavior by Dallas.
PRA 2019-109 City Response

REQUEST NUMBER 2019-110
REQUEST DATE 6/20/2019
STATUS Completed
COMPLETED DATE 6/20/2019
REQUESTOR Sara Rubin
INFORMATION REQUESTED Formal complaint(s) of sexual harassment filed with Carmel city officials in 2017. Any correspondence related to sexual harassment investigations and/or complaints, including emails to staff advising them of an ongoing inquiry and/or scheduling interviews in the course of an inquiry. Any contract(s) with attorneys and/or investigators to investigate claims of sexual harassment at City Hall initiated in 2017.I understand the records requested may be protected by attorneyclient privilege and therefore cannot be produced in their entirety, but believe information contained in the records requested is not exempted, for instance: 1) the identity of the investigator (is it an attorney?—absent knowing this fact, it's hard for us to know for sure whether the attorneyclient privilege exemption even applies); 2)the cost of the investigation; 3) the timing for the investigation and 4) the scope of the investigation. If certain identifying details must be protected, I believe we should still be able to view a public copy of the contract with exempt information redacted. 1. Who is investigator (Name and/or firm)? 2. What are they being paid, and over what time period? Report provided to the city of Carmel regarding allegations of sexual harassment by the mayor, the findings of which were discussed at a special meeting on March 7. I am going to revisit this request from a few months ago, now that circumstances have changed—at the time I originally filed, the report I was seeking concerned an elected official. Given that the subject of that report is no longer an elected official, I believe the record described below should no longer be exempted under the California Public Records Act. A report was provided to the city of Carmel regarding allegations of sexual harassment by the former mayor, the findings of which were discussed at a special meeting on March 7. The city attorney announced at that meeting that the report itself would not be released based on attorneyclient privilege. However, it is our belief that the report is a public record

PRA 2019-110 City Response

REQUEST NUMBER 2019-111
REQUEST DATE 6/20/2019
STATUS
COMPLETED DATE
REQUESTOR Lawton Dodd
INFORMATION REQUESTED Complaints / allegations of sexual harassment and / or sexual assault or similar public wrongdoing against current Mayor Steve Dallas Any complaints alleging sexual harassment and / or sexual assault or similar public wrongdoing made to the city by Ms. Kim Stemler Any complaints or reports made by an employee of or on behalf of Affina Food and Wine Bistro in Carmel to the city’s police department alleging assault by Mayor Steve Dallas at Affina ( we believe this this complaint was filed in August, 2016). Regarding each of the above items, any correspondence ( email and / or printed ) addressing these allegations / complaints between city employees and/ or staff and/or elected officials 1. I am revising the request to seek all documents (including emails) pertaining to any complaints made against Steve Dallas during the period July 1, 2017 to the present, January 2, 2018.
To the extent that the responsive documents contain parts that the City maintains is exempt from the CPRA, I request that the City redact the claimedexempt portions of the record and produce the redacted record. 2. Copy of any contract/agreement CarmelbytheSea has made with attorney Irma Rodriquez (Moisa) and/or the law firm Atkinson, Andelson, Loya, Ruud & Romo between July 1, 2017 to the present, January 2, 2018
Any and all documentation in possession of Carmel city officers regarding the "assault for hire" referenced by City Attorney Glen Mozingo during the city council meeting/press conference on Wednesday morning, March 7, 2018. More specifically, during the press conference, Mr. Mozingo stated that the city discovered a plot involving a person from Salinas hired for $100 to go to a Carmel bar and attempt to start a "bar room brawl" with Mayor Steve Dallas in order to embarrass the mayor.

PRA 2019-111 City Response

REQUEST NUMBER 2019-112
REQUEST DATE 6/20/2019
STATUS Completed
COMPLETED DATE 6/20/2019
REQUESTOR Royal Calkins
INFORMATION REQUESTED Any reports and other written information stemming from the city's investigation of sexual harassment allegations concerning Steve Dallas. Specific exemption claimed regarding the investigator's report to the city 2nd Followup to PRA 2018174: electronic copy of communication from City to Royal Calkins by Monday, Novemeber 26, 2018 regarding "specific exemption claimed regarding the investigator's report to the city" (Same request as PRA 2018181. Responded on 1/3/19. Sent another response) 1. How to appeal our decision that investigator's report re: Dallas alleged accusations is exempt. 2. Specific exemption claimed re: the report. Any reports and other written information stemming from the city's investigation of sexual harassment allegations concerning Steve Dallas.

PRA 2019-112 City Response

REQUEST NUMBER 2019-113
REQUEST DATE 6/20/2019 6/21/19 (Followup)
STATUS Completed
COMPLETED DATE 6/20/2019 6/24/19 (sent another copy of report)
REQUESTOR Paterson
INFORMATION REQUESTED 1. Any and all records related to closed session meetings of the City of CarmelbytheSea City Council regarding complaints, claims or charges against thenMayor Steve G. Dallas 2. All records of alleged misconduct by thenMayor Steve G. Dallas, including without limitation, complaints, claims or charges of misconduct by Steve G. Dallas 3. All records and reports relating to investigations or inquiries into claims or charges of misconduct by thenMayor Steve G. Dallas 4. All records constituting or describing any response by the City of CarmelbytheSea or any officer or employee of the City to the harassment allegations against thenMayor Steve G. Dallas (court case referenced)
Ms. Paterson also requests copies of all other PRA requests requested every month so she would have received copies of all the other investigation requests. Followup: Electronic copy of the 217page confidential investigative report regarding complaints of sexual harassment prepared for the City of CarmelbytheSea

Dear 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 June 11, 2019.  

1. Any and all records related to closed session meetings of the City of Carmel-by-the-Sea City Council regarding complaints, claims or charges against then-Mayor Steve G. Dallas  2.  All records of alleged misconduct by then-Mayor Steve G. Dallas, including without limitation, complaints, claims or charges of misconduct by Steve G. Dallas  3.  All records and reports relating to investigations or inquiries into claims or charges of misconduct by then-Mayor Steve G. Dallas  4.  All records constituting or describing any response by the City of Carmel-by-the-Sea or any officer or employee of the City to the harassment allegations against then-Mayor Steve G. Dallas (court case referenced) 

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. 

Embed
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 June 21 , 2019. 

Electronic copy of the 217-page CONFIDENTIAL INVESTIGATIVE REPORT REGARDING COMPLAINTS OF SEXUAL HARASSMENT PREPARED FOR THE CITY OF CARMEL-BY-THE-SEA
Prepared by:
Irma Rodríguez Moisa, SBN 162272
Atkinson, Andelson, Loya, Ruud & Romo
12800 Center Court Drive, Suite 300
Cerritos, California 90703
(562) 653-3200
Dated: March 1, 2018

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

PRA 2019-113 City Response

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