MINUTES SPECIAL CITY COUNCIL MEETING CITY OF CARMEL-BY-THE-SEA

February 13, 2014

I.

CALL TO ORDER

The special meeting of the City Council ofthe City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 1 :30 p.m. Mayor Burnett called the meeting to order.
ll. ROLLCALL PRESENT: ABSENT: STAFF PRESENT:

Council Members Hillyard, Theis, Talmage and Mayor Burnett Council Member Beach Jason Stilwell, City Administrator Don Freeman, City Attorney Daryl A. Betancur, Deputy City Clerk Sharon Friedrichsen, Director ofPublic Services

III. PLEDGE OF ALLEGIANCE

Former Mayor McCloud led the audience in the Pledge of Allegiance. Mayor Burnett opened and closed the meeting to public comment for items not on the agenda at 1:33 p.m.
IV. PUBLIC COMMENT

None offered.
V. ORDERS OF COUNCIL

Mayor Burnett announced that after last council meeting, he looked into and discovered that his mom had created a trust for his son and he is the trustee of such trust and that in that trust there was a modest amount of Waste Management stock and subsequently had sold that stock and because of the actual or appearance of a conflict of interest given the magnitude of the decision facing the city of Carmel-by-the-Sea and in consultation with the City Attorney, Mr. Freeman, it was decided that it would be prudent to ask for the rehearing of this item so that there is no issue about the process that we have gone through. He further commented that while neither he nor any member of this immediate fami ly have stock in either Waste Management or Greenwaste, it would be better to recuse himself from the rest of this meeting.

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Mayor Burnett subsequently recused himself and left the premises at 1:34 p.m. Vice Mayor Talmage presided over the meeting.
A.

B.

Consideration of a Resolution rescinding Resolution No. 2014-17 authorizing the City Administrator to initiate negotiations with Greenwaste Recovery of San Jose, California and Waste Management, Inc., of Houston, Texas for franchised solid waste, recycling and organics collection; and Consideration of a Resolution authorizing the City Administrator to initiate negotiations with Greenwaste Recovery and Waste Management Inc., for franchised solid waste, recycling and organics collection services.

Vice Mayor Talmage stated that he would ask for a staff report and since all of the parties present had been present at the last meeting, he would ask to limit the comments to material corrections of information we heard last time or material new information; that we don' t need to go back over the record. City Administrator Stilwell commented that either Director Friedrichsen or the Consultant is prepared to answer any questions the council may have or provide an update if any. Rob Hilton of HF & H stated that there is no new information to provide the council at this time. Vice Mayor Talmage opened/closed the meeting to public comment at 1:36 p.m. Vice Mayor Talmage indicated that he wanted to make a refinement to page 2 item 2 of the Resolution to reflect that the council had asked that at a minimum all of the exceptions medium or high be removed. Council Member HILLYARD moved to rescind Resolution No. 2014-17. Council Member THEIS seconded and carried unanimously. Prior to the vote, Vice Mayor Talmage opened and closed to public comment at 1:37 p.m. Seeing none, a vote was taken and motion carried unanimously. The record hereby reflects that Council Member Beach was absent from this meeting; and that Mayor Burnett recused himself due to a potential or perceived potential conflict of interest to which he made comments about at the beginning of the meeting. Council Member HILLYARD moved to approve Resolution No. 2014-18, which should be amended to reflect that the council had request that at a minimum all of the medium and high exceptions be removed; and that the date of February 18 stays the same. Council Member THEIS seconded and carried unanimously. Prior to the vote, Vice Mayor Talmage opened and closed to public comment at 1:38 p.m. Seeing none, a vote was taken and motion carried unanimously.

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VII. ADJOURNMENT
Vice Mayor Talmage declared the meeting adjourned at 1:45 p.m.

Respectfully submitted,

ATTEST:

Daryl A Betancur, CMC Deputy City Clerk

Ken Talmage, VICE MAYOR

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