MINUTES

CITY COUNCIL REGULAR MEETING

CARMEL-BY-THE-SEA
Tuesday, March 3, 2015
Mayor Burnett called the meeting to order at 3:45 p.m.
ROLL CALL:
Present:

Council Members Dallas, Talmage and Theis, Mayor Pro

Tem Beach and Mayor Burnett

Absent:

None

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lee Price, Interim City Clerk
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director

CLOSED SESSION:
ITEM 1.

LABOR NEGOTIATIONS
Pursuant to Government Code Section 54957.8
Agency Designated Representatives: Zutler
Employee Organization: LIUNA; CPOA

REGULAR MEETING:
Mayor Burnett called the regular meeting to order at 4:40 p.m.
Present:

Council Members Dallas, Talmage and Theis, Mayor Pro

Tem Beach and Mayor Burnett

Absent:

None

Staff Present:

Douglas J. Schmitz, City Administrator

Don Freeman, City Attorney
Lee Price, Interim City Clerk
Janet Bombard, Library and Community Activities Director
Robert Mullane, Community Planning and Building Director
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 6

Paul Woods, Finance Manager

Mike Branson, City Forester
Andrew Vanderford, Public Works Special Projects Manager
PLEDGE OF ALLEGIANCE: The Carmel High School Mock Trial Team led the
pledge.
EXTRAORDINARY BUSINESS: Mayor Burnett recognized the following:
a) Carmel High School Mock Trial Team for winning the Monterey County
16th Annual Trial February 7, 2015.
b) City Facilities Maintenance Worker Cleve Waters.
CLOSED SESSION ANNOUNCEMENTS:
City Attorney Don Freeman reported that the Council provided direction to staff re
existing and potential litigation and to the labor negotiator.
ANNOUNCEMENTS:
Council Members provided updates on various committees and activities,
including the Groundbreaking for the Veterans Commentary in Seaside on
Friday, March 13th at 10:30 a.m.
Former Mayor Jeanne Byrne, Chair of the Auto Rally, presented a check to the
Police Chief in the amount of #2,000 for DARE program.
City Administrator Doug Schmitz mentioned the check register is in a new format,
pointed out two significant legal expenses and noted that next month he would
provide a report will on legal expenses for the first quarter; and provided the This
Month in Carmel History update.
City Attorney Don Freeman provided a status update on the Monterey County
Civil Grand Jury investigation and legal position regarding the release of
personnel records.
PUBLIC APPEARANCES:
Stephen Moorer, Paul Hart, Alexander Henson, Carol Hall, Rich Pepe, Jim
Bennett, and another urged the Council to reconsider the plan for Phase I of the
Forest Theater renovation.
Brandon Wiggins urged the Council to pass an ordinance banning the use of
plastic straws.

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 7

Ken Cusson announced he had filed with the Council a notice of intent to file a
complaint with the US Dept of Justice alleging violations at the Forest Theater
under Title 2 ADA relative to handicap access.
Joanna Sullivan shared an experience she had downtown with the new parking
meters and suggested that the City owes a visitor from New York an apology.
Barbara Livingston expressed appreciation to the Mayor for his efforts regarding
the Veterans Cemetery.
CONSENT CALENDAR:
Upon a motion made by Councilmember Talmage seconded by Councilmember
Theis, the Council unanimously approved the Consent Calendar, with the
exception of Item 7.E, as follows:
Item 7.A:

City Council Minutes for the Special Meeting of January 15, 2015
and the Regular Meeting of February 3, 2015. Approved 5:0

Item 7.B:

Check Register for the Month of January 2015. Approved 5:0

Item 7.C:

Monthly Reports for January 2015. Accepted 5:0

Item 7.D:

Leslie Ann Schratz v. Classic Art Gallery, et al. (Monterey Superior

Court, Case No. M127145). Denied 5:0

Item 7.E:

Update on the work of the Monterey Peninsula Regional Water

Authority, including efforts to request a modification to the stateimposed Cease and Desist Order (CDO). Pulled to receive oral
update. See page 4 for discussion/action.

Item 7.F

Resolutions approving Professional Services Agreement

amendments with Boots Road Group, LLC and Pacific Municipal
Consultants:
a) Resolution authorizing the City Administrator to execute
Amendment No. 1 to the Professional Services Agreement (ASDPCS-BRweb-06-13-14) with Boots Road Group, LLC for website
support service for a not to exceed amount of $34,000;
Resolution 2015-015 adopted (3:0:2 Burnett and Beach
abstained due to potential conflict of interest).

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 8

b) Resolution authorizing the City Administrator to Execute

Amendment No. 1 to the Professional Services Agreement (PBDPSA-PMC-005-14/15) with Pacific Municipal Consultants for
contract planning services for a not to exceed amount of $50,000.
Resolution 2015-016 adopted.
Item 7.G:

Status Report: The Municipal Organization---Past, Present and

Future. Received

Item 7.H:

Consideration of a Resolution rescinding City Council Policies

C89-35:
Firewood; C99-03:
Fire Department Mutual Aid
Response Reimbursement; C99-05: Named Gift Opportunities for
the Campaign for Sunset; and Administration Policy A95-2:
Smoking Breaks-City Hall. Resolution 2015-017 adopted, as
revised 5:0.

Item 7.I

Consideration of a resolution authorizing City co-sponsorship with

the Library Board of Trustees and the Carmel Public Library
Foundation for the Annual Sterling Circle event. Resolution 2015018 adopted 5:0

Item 7.J

Resolution authorizing the City Administrator to Execute

Agreements with Paychex Flex Payroll Plan, Taxpay Service,
Reporting and Human Resources Online Services. Resolution
2015-019 adopted 4:0:1 (Talmage abstained due to a potential
conflict of interest)

Item 7.E:

Update on the work of the Monterey Peninsula Regional Water

Authority, including efforts to request a modification to the stateimposed Cease and Desist Order (CDO).

Mayor Burnett provided a brief oral update.

ORDERS OF COUNCIL:
Item 8.A:

Update by Jeff Burghardt on the Marketing Efforts of

Burghardt+Dore

Jeff Burghardt provided the presentation and responded to Council questions.

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 9

Public Comments:

Barbara Livingston mentioned ideas for the Centennial on-line store.

John McCormick suggested some focus on the business traveler, especially midweek.
Stephen Moorer proposed more advertising for the performing arts.
Item 8.B:

Treasurers Report

City Treasurer David Sandys presented the staff report.

Item 8.C:

Resolution revising the Citys Wine Tasting Policy

Senior Planner Marc Weiner presented the staff report.

Public Comments:
Barbara Livingston, Jack Galante, John McCormick, Stephen Moorer, Monta
Potter, Karen Ferlito, and Leonard Shapiro commented on and made
suggestions for revisions to the policy.
Council discussion followed.
Action: Upon a motion made by Councilmember Dallas, seconded by
Councilmember Talmage, the Council adopted Resolution 2015-020, as
amended to revise the definition of a wine tasting room (A wine tasting room is a
stand-alone establishment with a Duplicate Type 02 ABC License..); and
change language regarding encouraging the serving of wines originating from
Monterey County Vineyards and Wineries by substituting the word should for
shall.
Mayor Burnett called for a short recess at 8:50 p.m. At 8:00 p.m. the meeting
resumed. Mayor Burnett modified the order of the agenda and moved to Item
8.F.

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 10

Item 8.F:

Forest Theater: 1) Consideration of Receipt of a Donation in the

amount of $10,000 to add an alternative to the bid package
regarding terracing; 2) If donation is accepted, authorize
amendment to the CAW contract for extra work related to the
terracing alternative.

Mayor Burnett indicated that he was seeking the advice of the Fair Political
Practices Commission regarding whether or not any member of the Council could
make a personal donation to augment funding to add extra work to the contract.
City Administrator Doug Schmitz summarized the Councils directives on January
15, 2015. Special Projects Manager Andy Vanderford demonstrated terrace step
design with a mock-up physical model for testing by member of the Council and
public. Questions followed.
Public Comments:
Stephen Moorer, Pacific Repertory Theater, spoke in favor of accepting the
donation and adding a design alternative for terrace-steps.
Carolina Bayne voiced concern about how this matter was put on the agenda
and urged the Council to stay the course and decline the gift.
Barbara Livingston suggested that the renovation be kept simple and rustic, but
added that it is not too late to take another look.
Karen Ferlito asked the Council to move on without accepting the gift and get the
Theater fixed and back open.
Carolyn Hardy and Walt DeFaria objected to the proposal adding that fundraising
efforts for the master plan are underway.
---End of Public Comments--Council discussion ensued.
Action: Upon a motion made by Councilmember Dallas, seconded by
Councilmember Talmage, the Council declined the gift 3:2 (Beach and Burnett
opposed).

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 11

Item 8.D:

Consideration of requests to: 1) Reject the bids submitted in

response to the Artisan Food Experience Farmers Market RFP
and 2) Authorize the Farmers Market Ad Hoc Committee to revise
the guidelines for the operation of the market

Library and Community Activities Director Janet Bombard, presented the staff
report.
Public Comments:
Stephen Moorer, Tony Lami (West Coast Farmers Market) and Carolina Bayne
shared concerns about restrictions and impacting farmers profits.
---End of Public Comments--Upon a motion made by Councilmember Talmage, seconded by Mayor ProTem
Beach, the Council unanimously accepted the Staff recommendation to reject
the bids and authorize the ad hoc committee to revise the guidelines.
Item 8.E:

Consideration of findings for approval for Sign Application (SI 1436) for an exterior wall-mounted business sign at a site located in
the Service Commercial (SC) Zoning District (Seventh and Dolores
Building)

Councilmembers Dallas and Talmage abstained and stepped down from the dais
due to a potential conflict of interest (own property within 500 feet).
Community Planning and Building Director Rob Mullane presented the staff
report.
Public Comments:
Carolyn Hardy asked questions regarding the placement of decals on doors.
---End of Public Comments--Community Planning and Building Director Rob Mullane reported that a decal on
each door is permitted with a temporary sign permit.
Action: Upon a motion made by Mayor ProTem Beach, seconded by
Councilmember Theis, the Council adopted the findings and special conditions,
as recommended by staff on a 2:1:2 vote. (Burnett opposed; Talmage and
Dallas abstained due to a potential conflict of interest).

Council Meeting Date: 4/6/15

Agenda Item: 4.A
Page 12

FUTURE AGENDA ITEMS:

Special Meeting (retreat or workshop) re Forest Theater after bids come
back (invite PC and F&B)
Garbage Contract Transfer to Green Waste - Communication plan to
residents
Special Meeting re Parking Meters Pilot (before the 6-month trial is over)
Add more updates to Consent

ADJOURNMENT: There being no further business, Mayor Burnett adjourned the

meeting at 9:50 p.m.

APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

Council Meeting Date: 4/6/15

Agenda Item: 4.A
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