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MINUTES

CITY COUNCIL SPECIAL MEETING


CARMEL-BY-THE-SEA
February 10, 2015
Mayor Burnett called the meeting to order at 4:35 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
Janet, Bombard, Library and Community Activities Director
Robert Mullane, Community Planning and Building
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director/Acting Administrative
Services Director
Paul Woods, Finance Manager
Mike Branson, City Forester
Andrew Vanderford, Public Works Special Projects Manager

ITEM 1.

Monterey County Grand Jury Request

Mayor Burnett reported that the Monterey County Grand Jury had made a
request of the City for production of documents, waiver of closed session
privilege and waiver of attorney client privilege and provide direction to staff. City
Attorney Don Freeman provided an extensive oral report and recommendations.
Council questions followed.
Public Comments:
Michael Stamp, attorney representing John Hanson, objected to the release of
personnel records.
Carolyn Hardy spoke in opposition to releasing the personnel records and
waiving privileges.
Tim Meroney, retired Building Official, indicated that he had not agreed to waive
his rights and objects to the release of personnel records.

Council Meeting Date: 4/6/15


Agenda Item: 4.A
Page 2

Richard Kreitman asked questions about the Grand Jurys request.


---End of Public Comments--City Attorney Don Freeman responded to questions from the public.
Action: On a motion made by Councilmember Talmage, seconded by Mayor
ProTem Beach, the Council moved to:
1. Cooperate with the Civil Grand Jury to the extent possible.
2. Authorize the City Administrator to get an independent opinion as to
the request by the Civil Grand Jury for the Council to waive the
Attorney/Client and Closed Session privileges.
3. Decline the request for the release of personnel records for all
employees who have responded in writing (or who have not
responded) that they will not agree to the release of personnel
records
4. Authorize the City Attorney to seek a court protective order if the
City receives a subpoena for the production of personnel records.
Motion passed unanimously 5:0.
ITEM 2:

Town Hall Community Forum

The Council moved from the dais to informal round-table format to allow the
public an opportunity to ask questions of the Mayor, City Council, City
Administrator and other key members of Staff. Members of the public asked
questions of members of the Council or City staff and/or made suggestions on
topics including the Councils approval of monthly expenditures, the renovation of
Forest Theater, weddings on the beach, the Holman Round-about project, beach
restroom maintenance, and holiday lights downtown.
Mayor Burnett closed by asking the public in attendance for their opinions on the
forum. Comments were generally favorable and suggestions were offered for
improvement (start earlier in the day, take questions in advance by mail, email).
ADJOURNMENT: There being no further business, Mayor Burnett adjourned
the meeting at 7:25 p.m.
APPROVED:

ATTEST:

________________________
Jason Burnett, Mayor

_______________________
Lee Price, MMC
Interim City Clerk

Council Meeting Date: 4/6/15


Agenda Item: 4.A
Page 3

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