MINUTES

REGULAR CITY COUNCIL MEETING

CARMEL-BY-THE-SEA
Tuesday, December 2, 2014 4:30 p.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues
Next Resolution Number 2014-074
Next Ordinance Number 2014-006
Next Policy Number 2014-002
1.
CALL TO ORDER MAYOR BURNETT
The City Council of the City of Carmel-by-the-Sea met this date in a regular
session at 4:37 p.m. in the City Council Chambers, with Mayor Burnett presiding.
2.
ROLL CALL
Members Present:
Mayor:
Council Members:

Burnett
Dallas, Talmage, Theis

Members Absent:
Mayor Pro Tem:

Beach

Staff Present:
City Administrator:
City Attorney:
Interim City Clerk:

Schmitz
Freeman
Frontella

3.

PLEDGE OF ALLEGIANCE

Sullivan Carey-Lang led the community in the Pledge of Allegiance.

4.

EXTRAORDINARY BUSINESS

Item 4.A:

Community Recognition:

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

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a. Steve and Barbara Brooks

Mayor Burnett spoke regarding the accomplishments of Mr. and Mrs. Brooks as
they move from Carmel to their new home in Carmel Valley.
Steve and Barbara Brooks both spoke and thanked Council and the Community
for their recognition.
Item 4.B:

Employee Recognition:
a. Mel Mukai City Retirement, 30 years of Service
Chief Calhoun recognized Mel Mukai for his Service to the
Police Department and community, Chief Calhoun presented
him with a Proclamation from the Mayor, plaque from the City
Council and handmade letter holder.
b. Heidi Burch Assistant City Administrator/City Clerk for Service
to City.
Mayor Burnett recognized Heidi Burch for her service to the City
with a plaque from Council and handmade letter holder.
Ms. Burch spoke of her resignation from the City and thanked
Council for recognizing her accomplishments.
c. Dixie Dixon Board Member to the Community Activities &
Cultural Commission
Mayor Burnett recognized Dixie Dixon for her service to the
Community Activities and Cultural Commission and presented
her with a plaque.
d. Glen Mozingo Board Member to the Harrison Memorial Library
Board of Trustees
Mayor Burnett recognized Glen Mozingo for his service to the
Harrison Memorial Library and presented him with a plaque.
e. Sue McCloud Outgoing member of the Monterey Regional
Waste Management Board
Mayor Burnett read a Proclamation into the record regarding
Sue McClouds service to the Monterey Regional Waste
Management Board.
William Merry, Executive Director recognized Sue McCloud
for her service and accomplishments to the MRWMB.

5.

ANNOUNCEMENTS FROM CLOSED SESSION, CITY COUNCIL

MEMBERS, CITY ADMINISTRATOR AND CITY ATTORNEY

Item 5.A:

Announcements from Closed Session - None

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 28

Item 5.B:

Announcements from City Council Members (Council Members

may ask a question for clarification, make an announcement or
report on his or her activities)

Mayor Burnett asked if there was any object to Item 9.B being continued due to
lack of quorum, hearing none this item will be continued due to no qualified
quorum.
Council Member Talmage announced that the Tree Lighting will be held this
Friday.
Mayor Burnett mentioned that Stephan Moorer sent a notice to him that Carmel
was one of the top 10, not-to-be missed Tree Lighting Holiday events in the
nation.
Mayor Burnett received a request form Michael Doyle Jr. to make a presentation
regarding the Scout Hall. Michael Doyle gave a brief update of the Scout Hall and
requested to return to the January meeting with further details.
Item 5.C:

Announcements from City Administrator

City Administrator Schmitz, on behalf of the Council introduced John Hanson.

John Hanson noted it was time to move forward and he looks forward to coming
back to work.
City Administrator Schmitz on behalf of the organization apologized to Mr. Hanson
and his family for the last year.
Mayor Burnett also reintegrated and apologized for not doing the right things
sooner regarding Mr. Hanson.
Chief Calhoun gave a brief update of the Parking Management program which
started today; and noted this is a pilot program for 6 months.
City Administrator Schmitz announced the sub-committee of the Planning
Commission will have a work study regarding the median lighting on Ocean Ave.,
this meeting will be held on December 8, 5:00 p.m. City Administrator Schmitz
reported that three contractors are working on removing stumps; there are 762
within the City.
Item 5.D:

Announcements from City Attorney

City Attorney Freeman gave a report on the Settlement Agreement with John
Hanson from the November 25, 2014 Closed Session meeting. He noted that a
settlement in the John Hanson case was approved and he will return to work with

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

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full benefits. These cost incurred will be paid by the risk pool of the City, minus
the deductable.
Mayor Burnett commented on the work shop which was held yesterday regarding
Council goals for 2015. A list was developed from the work shop and available for
distribution. Staff will work on the list and bring back a proposal for Council
consideration.
6.

PUBLIC APPEARANCES

At this time, members of the public may comment on any item NOT appearing on the agenda. Under State
Law, matters presented under this item cannot be discussed or acted upon by the City Council. For items
appearing on the agenda, the public will be invited to make comments at the time the item comes up for
Council consideration. At all times please use the microphone.
In response to your comments, the Mayor or presiding Council Member may:

Direct staff to assist or coordinate with you.

A Council Member may state a desire to meet with you.

It may be the desire of the Council to place your issue or matter on a future Council
agenda.
Please adhere to the following procedures when addressing the Council:

Comment will be limited to 3 minutes or less.

Your comments should be directed to the Council as a whole and not directed to
individual Council Members.

Mayor Burnett opened the meeting to public comments, the following citizens
spoke.

Niels Reimers complimented the Council for apologizing to Heidi Burch and John
Hanson; he was also in agreement regarding the policy for the Citys art work.
Mr. Reimers asked the City Council to take a pro-active action as individuals,
regarding the SAND (SAve our Native Dunes). He handed out several pictures
which are on file with the City Clerk.
Barbara Livingston mentioned that 118 City trees have been removed and only
29 have been replaced; and on private property 96 trees removed with 38 being
replaced, City policy states replacing one for one.
Christine Sandin, Executive Director of the Sunset Center invited all to the
Holiday Reception at the center from 3:00 p.m. to 5:00 p.m. on December 5.
Vinenzo Damico commented that he has acquired the crime report for the City;
he wanted for citizens to be aware that there are over 400 DUI, 172 drunk and
disorderly, 110 drug and narcotic, 137 burglaries, 314 larcenies, and 8 forced
rapes in the City of Carmel.
Alan Estrada spoke regarding Public Water Now and CalAm over pumping the
Carmel River and making ratepayers pay its fines. He provided handouts which
are on file in the City Clerks office.
A citizen thanked Council for moving forward on the Forest Theater and
introduced Mr. Kasson.

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 30

Ken Kasson spoke regarding the ADA accessibility and the backing up of cars
coming and going at the Forest Theater. He feels this is a dangerous concept
and would like to see this design changed.
Monty Miller thanked City Administrator Schmitz for bringing forward the
Veterans Preference Policy.
Jen Weathers, Carmel Heritage Society, invited everyone to the 16th Annual Inns
of Distinction Tour Sunday, December 7, 2014 from 2-5 p.m.
Jacquie Frazier spoke regarding the condition of the east side of Carpenter Street
between 1st and 2nd Avenue. She noted the gutter is dangerous and a car cannot
park on that side of the street due to a spring that is eroding the pavement. She
invited Council to drive by and look at the issue.
George Masamoto thanked Council for pushing the Forest Theater forward and
reintegrated the driveway issue discussed earlier.
Carl Iverson noted he participate in the workshop yesterday but was concerned
that the Emergency Plan was not rated higher.
Stephen Moorer shared his concerns regarding the Forest Theater; he
commented that his suggestions he has forward to CAW have not been
considered.
Skip Lloyd commended on the concerns of alcohol being served in the City. He
spoke about the increased traffic in Carmel that brings more people here and the
impact they have on businesses.
Seeing no further comments, Mayor Burnett closed the meeting to public
comments.
7.

CONSENT CALENDAR

All items on the Consent Calendar are to be acted upon by a single action of the City Council unless
otherwise requested by an individual Council Member or the public for special consideration. Otherwise the
recommendation of staff will be accepted and acted upon by majority voice vote.

Items pulled from the Consent Calendar 7.P, 7.C, 7.F and 7.N will be heard
separately.
Item 7.A:

Consideration of Approval of City Council Minutes:

a. Minutes of the November 3, 2014 Closed and Special Meetings
b. Minutes of the November 4, 2014 Special Meeting
c. Minutes of the November 4, 2014 Closed and Regular Meeting
d. Minutes of the November 17, 2014 Closed Session

City Council Meeting of January 5, 2015

Page 37

Agenda Item: 7.A

Page 31

Recommendation:

Item 7.B:

Minutes

by

Consent

Approval of Warrant Register for the Month of October 2014.

Recommendation:

Item 7.C:

Approved
Calendar.

Approved Warrant Register by Consent

Calendar.

Receive Monthly Summary Report:

a. Police, Fire and Ambulance Reports
b. Code Compliance Reports
c. Public Record Act Logs (City Clerk & Police)
d. Forester Report
Recommendation:

Accepted reports and file, information

only.

Karen Ferlito asked that Council to take seriously the Forester Report each month
and a brief summary of the report would help explain the issues. She also
requested a yearly report of the years data with analysis of the trends.
MOTION 7.C: Motion by Council Member Talmage, seconded by Council
Member Dallas to approve the Monthly Summary Reports.
Passed 4/0/1
AYES:
NOES:
ABSENT:

4
0
1

Council Members: Theis, Dallas, Talmage, Burnett

Council Members:
Council Member: Beach

Item 7.D:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Approving the Regular Meeting Dates of the City Council for
Calendar Year 2015.
Recommendation:
Consent Calendar

Item 7.E:

Approved

Resolution

2014-074

by

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing the City Administrator to Create and Adopt the position
of Special Projects Manager.
Recommendation:

City Council Meeting of January 5, 2015

Page 38

Adopt Resolution2014-075 by Consent

Calendar

Agenda Item: 7.A

Page 32

Item 7.F:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Adopting and Authorizing the City Administrator to Execute a
Veterans Preference Hiring Policy.
Recommendation:
Calendar.

Adopt Resolution 2014-076 by Consent

MOTION 7.F: Motion by Council Member Talmage, seconded by Council

Member Dallas to approve Resolution 2014-076. Passed 4/0/1
AYES:
NOES:
ABSENT:
Item 7.G:

4
0
1

Council Members: Theis, Dallas, Talmage, Burnett

Council Members:
Council Member: Beach

A Resolution of the City Council of the City of Carmel-By-The-Sea

Accepting a $5,000 Donation from a Group of Citizens for the
Carmel Police Department Bicycle Program.
Recommendation:
Calendar.

Item 7.H:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing the City Administrator to enter into a Service
Agreement with Silveira Building Services, LLC for the Cleaning of
City Facilities in the Amount of $69,000.00 for the first six (6)
months of the Agreement, $138,000.00 for Fiscal Year 2015-16 of
the Agreement, $138,000.00 plus any Consumer Price Index
Adjustment for Fiscal Year 2016-17 of the Agreement, and the
Adjusted Fiscal Year 2016-17 Cost of the Agreement plus any
Consumer Price Index Adjustment for Fiscal Year 2017-18 of the
Agreement.
Recommendation:
Calendar.

Item 7.I

.
Item 7.J:

Adopt Resolution 2014-077 by Consent

Adopt Resolution 2014-078 by Consent

A Resolution Authorizing the City Administrator to Amend the

Existing Professional Services Consulting Agreement with
Burghardt+Dore for Destination Marketing Services for a Term of
Six Months and in an Amount Not to Exceed $53,312.
Recommendation:
Calendar

Adopt Resolution 2014-079 by Consent

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing City Co-Sponsorship with the Harrison Memorial Library

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 33

Board of Trustees and the Carmel Public Library Foundation of the

Annual Donor Salute Event.
Recommendation:
Calendar.
Item 7.K:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing the City Administrator to Enter into a Contract (PBDPSA-AFI-0001-2012) with Fasulo Investigations in Amount not to
Exceed $79,200 for February 2015 to January 2016.
Recommendation:
Calendar.

Item 7.L:

Ratify

the

appointment

of

Council

A Resolution of the City Council of the City of Carmel-by-the-Sea

Affirming the Citys Position for Support of the State-Wide Ban of
Single-Use Plastic Bags
Recommendation:
Calendar.

Item 7.N:

Adopt Resolution 2014-081 by Consent

Consideration of the Appointment of Council Member Theis to the

Monterey Peninsula Regional Waste Management District.
Recommendation:
Member Theis

Item 7.M:

Adopt Resolution 2014-080 by Consent

Adopt Resolution 2014-082 by Consent

Consideration of a Comment Letter on the Draft Environmental

Impact Report (DEIR) on the Eastwood/Odello Water Right Change
Petition Project.
Recommendation:
Review letter and authorize the Mayor to
sign and send comment letter.

MOTION 7.N: Motion by Council Member Talmage, seconded by Council

Member Theis to approve the letter with Mayor and/or City
Administrator making any minor changes as needed prior to
sending. Passed 4/0/1
AYES:
NOES:
ABSENT:
Item 7.O:

4
0
1

Council Members: Theis, Dallas, Talmage, Burnett

Council Members:
Council Member: Beach

Community Forum Dates and Time for 2015

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 34

Recommendation:
2015.
Item 7.P:

Approved dates and time of Forum for

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing a Fee Waiver in the Amount of $12,645 for the 22nd
Annual Carmel Art Festival to be held Thursday, May 14 through
Sunday, May 17, 2015.
Recommendation:
Calendar.

Adopt Resolution 2014-083 by Consent

A citizen spoke regarding the fees and asked for the requested amount of
$12,645 is approved.
Richard Kreitman urged the Council to approved the full amount of $12,645 and
waive the fees.
Helen Rockwell with the Art Festival Board noted the event brings people to the
town and these people spend money in the City; she asked to waive the fees.
Barbara Livingston noted that a policy has been approved regarding events.
Emily Crabtree stressed that the Art Festival event brings in people to spend time
with Carmel Inns, restaurants, etc.
Council Member Talmage reviewed the guidelines of the policy that was adopted
in July as follows: the number of years for which an organization will be eligible for
ongoing waivers of fees is no more than three years; Charitable contributions
made within the 9.921 zip code; City shall waive no more than $5,000 in fees for
events.
MOTION 7.P: Motion by Council Member Talmage, seconded by Council
Member Theis to approve Resolution 2014-083, with edits in
the amount of $5,000 for Fee Waiver as policy states. Passed
3/1/1
AYES:
NOES:
ABSENT:

3
1
1

Council Members: Theis, Talmage, Burnett

Council Member: Dallas
Council Member: Beach

MOTION TO CONSENT CALENDAR:

Motion by Council Member Theis, seconded by Council Member Dallas to
approve the Consent Calendar as submitted with items 7.C, 7.P, 7.F and 7.N
being pulled and heard under separate motion. Passed 4/0/1
AYES:
NOES:

4
0

Council Members: Theis, Dallas, Talmage, Burnett

Council Members:

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 35

ABSENT:
8.

Council Member: Beach

ORDERS OF COUNCIL

Item 8.A:

Fire Chief Panholzer - Reports

Recommendation:
Chief Panholzer will give an update
regarding various items, information only.

Fire Chief Panholzer gave the staff report, reporting on the Monte Verde fire and
the 2014 True Up report. He also presented the City with a $16,000 check from
last years funding balance due to over projection of the contract.
Mayor Burnett opened the meeting to public comments, hearing none; Mayor
Burnett closed the public comments.
9.

PUBLIC HEARING ITEMS

CITY COUNIL PROCEDURES FOR PUBLIC HEARINGS:

The Mayor will announce each
item and thereafter, the hearing will be conducted as follows:
1.
City staff will present the staff report and recommendation on the proposal being heard
and respond to questions from Council.
2.
The Mayor will open the public hearing by first asking the project application/appellant (or
his/her representative) to present any points necessary for the Council (Limited to 10
minutes), as well as the public (Limited to 3 minutes), to fully understand the proposal.
3.
Then Mayor will then ask other interested persons to come to the podium to present
testimony either in support of or in opposition to the proposal. (Limited to 3 minutes)
4.
The Mayor will invite the applicant/appellant (or his/her representative) back to the
podium to respond to the public testimony, if appropriate. (Limited to 5 minutes)
5.
The Mayor will then close the public hearing and limit further discussion to the Council
and staff prior to the Council taking a vote.

Item 9.A:

A Resolution of the City Council of the City of Carmel-by-the-Sea

Authorizing the City Administrator to enter into a Mills Act Contract
with Charles Whittington for a Historic Property located at the
Southeast Corner of Ocean Avenue and Forest Road.
Recommendation:
Adopt Resolution 2014-084 authorizing
the City Administrator to enter into a Mills Contract with Charles
Whittington.

Mark Weiner, Senior Planner gave the staff report and noted the requirements of
the Mills Act.
Charles Whittington applicant spoke regarding the property and mentioned this is
his 3rd Mills Act home.
Carl Iverson spoke regarding the Whittington home and how spectacular it is.

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

Page 36

MOTION:

Motion by Council Member Theis, seconded by Council

Member Dallas to adopt the Resolution and approve the Mills
Act requirements as submitted. Passed 4/0/1

AYES:
NOES:
ABSENT:

4
0
1

Item 9.B:

Council Members: Theis, Dallas, Talmage, Burnett

Council Members:
Council Member: Beach

Consideration of an Appeal of the Planning Commissions Decision

to Deny Sign Application (SI 14-36) for an Exterior Wall-Mounted
Business Sign at a site located in the Service Commercial (SC)
Zoning District. The Applicant is Adam Jeselnick. The Decision is
being Appealed by CPines 7, LLC.
Recommendation:
Based on the Planning Commissions
action, staff recommends denial of the Appeal.

ACTION 9.B: Due to lack of quorum, this item will be heard at a later date.
10.

FUTURE AGENDA ITEMS

1. Art Sale Policy

2. CalAm Fire Hydrant testing, when will it occur
3. Home Rental Business enforcement short term rentals
11.
RECONVENE TO CLOSED SESSION (IF APPLICABLE)
None
12.

ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at 7:25
p.m.
APPROVED:

ATTEST:

__________________________
Jason Burnett, Mayor

__________________________
Lori Frontella, MMC
Interim City Clerk

City Council Meeting of January 5, 2015

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Agenda Item: 7.A

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