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

March 4, 2014

I.

CALL TO ORDER

The regular meeting of the City Council of the City of Carmel-by-the-Sea, California, was held on the above date at the stated hour of 4:32 p.m. Mayor Burnett called the meeting to order.

n.

PRESENT:

Council Members Hillyard, Theis, Vice Mayor Talmage and Mayor Burnett.

STAFF PRESENT: Jason Stilwell, City Administrator Don Freeman, City Attorney Daryl A. Betancur, Deputy City Clerk Mike Calhoun, Public Safety Director Susan Paul, Administrative Services Director Sharon Friedrichsen, Public Services Director Rob Mullane, Community Planning & Building Services Director Janet Bombard, Library Director Marc Wiener, Senior Planner III. PLEDGE OF ALLEGIANCE

Stacy Meehan accompanied by students of the River School: Isabel Crosstrong, Elizabeth Print, Sofia Posadas and Gabrielle Raboa lead the audience in the Pledge and performed a musical rendition ofthe Star Spangled Banner/National Anthem.
IV. EXTRAORDINARY BUSINESS
A.

Employee Recognition: Corporal Shen thanked the Council and offered remarks relative to his commitment to serving the community.

B.

Community Recognition: Mayor Burnett made the presentation to Mr. Lloyd and offered congratulations on this recognition with Mr. Lloyd making brief remarks on this award.

C.

Recognition of Outgoing Commissioners: Mayor Burnett made the presentation to former Forest and Beach Commissioner Kadis.

V.

ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR

A.

There was no closed session associated with this meeting, therefore no announcements. Announcements from City Council members. Time: 4:47 p.m. Council Member Beach made comments related to the Fort Ord Reuse Authority stating that it had approved the hiring of professionals to complete the FORA reuse plan and design guidelines; spoke about the trails mapping project; connectivity project unifying social trail.
Mayor Burnett- spoke about transportation T AMC meeting and that the board had approved 1.4 billion dollars for MST budget; spoke about the recent event of the explosion and how the city is in close communication with PG & E officials and the PUC; thanked the first responders for their quick response. He stated that there are two main questions that need to be answered 1) what is the plan with on-going work; 2) what is the nature of the investigation(s). Mayor Burnett outlined the process relative to the presentation by PG & E whereby Chief Calhoun will make some remarks; followed by questions from the City Council ; followed by PG & E officials with opportunity for the audience to ask questions. Chief Calhoun reported on the specifics in terms of an emergency response perspective at 4:55 p.m. Papia Gambelin- Spokesperson for PG & E Office of Public Affairs spoke relative to the incident and stated that they have taken steps necessary to secure the scene and provide safety which is their primary concern . Ms. Gam be lin provided a brief summary of the steps taken by PG & E subsequent to the event. Kevin Knapp- Vice President of Gas Operations for PG & E spoke to the audience and the council stating that their primary concern was the safety of the residents, the safety of the first responders and the safety of the crews. He provided a lengthy summary of the steps taken relative to the incident. There was a lengthy period of comments and questions from the council to PG & E representatives centered on the following topics: similar incidents in other communities; the contractor to assist with the investigation (Exponent); track record of response; and types of work being done currently in Carmel by PG & E . Mayor Burnett opened to public comment at 5:11p.m. The following citizens make comments and provided feedback on this incident among them : Carolyn Hardy, Karen Ferlito, Jim Emery, Helen Jane, Nina Beety, Fred Siegel, Steve Dallas and David Refuerzo. Seeing no additional speakers, Mayor Burnett closed to public comment at 5:32 p.m. Mayor Burnett summarized the questions and comments posed by the speakers and asked Mr. Knapp from PG & E to provide responses. There were additional comments from council relative to mapping of what is on the ground to ascertain the condition of the underground gas lines and methods to accomplish this.

B.

C. Announcements from City Administrator.

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1. City Administrator Stilwell summarized the discussion held on March 3 during the workshop relative to review of the condition of city facilities, which is a 2014 key initiative and which will drive the development of the Capital Improvement Plan.

2. Agenda Forecast- Mr. Stilwell highlighted the special meeting of the City Council scheduled for March 18; for the meeting in April, it is anticipated that the Waste Hauler agreement will be brought back at a workshop format to discuss where we are relative to negotiations with the waste hauler. Spoke about items that are coming up on the April 1 agenda such as scenic rest room bid award, parking management and Hospitality Improvement District (HID) review. 3. Operation Padre-City Administrator Stilwell asked Tess Arthur to brief the council on this project. 4. 2- 1-1/CAMC Presentation - Ronn Rygg spoke about the program and the partnership with the Community Assessment for Monterey County. 5. Carmel-by-the-Sea: World' s Third Best Romantic Destination-Travel and Leisure. City Administrator Stilwell stated that this is good for Carmel as it attracts new visitors which in tum results in an increase in Transient Occupancy Tax (TOT) revenue. 6. Introduction of new Employees: Andy Vanderford, Project Manager m the Public Services Department. City Administrator Stilwell introduced Mr. Vanderford stating that he has tremendous experience as a project manager and spoke about his expertise with managing and overseeing large capital improvement projects.

VI.

PUBLIC APPEARANCES
Mayor Burnett opened the meeting to public comment at: 6:00 p.m. Darby Bosthworth- Requested that the council adopt a Resolution to overturn the decision of Citizens United. Karen Gum by- spoke about the deplorable conditions of what she sees at Carmel Beach. Laura Costley- Executive Director of Save our Shores spoke about monthly clean-ups. DaYid Fink- provided update on the Gourmetfest 2014. Jonathan Sapp- requested that item VII D be rescheduled to next meeting or have it early on the agenda. Stacy Meehan- reminded audience about the candidate forum at the Church of the Wayfarer. Barbara Livingston-making the meetings more efficiently and shortening the length of the meetings.

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Cindy Lloyd- made comments relative to median lights. Amy Donahue- Executive Director of the Carmel Public Library Foundation spoke about the annual library fundraising event on April 24 at the Sunset Center.

Christine Sandin- ExecutiYe Director of the Sunset Center spoke about the annual gala event to be held on Saturday, May 24. Richard Kreitman--- Spoke about several upcoming events sponsored by the Carmel High School; and make comments relative to the posting items to the bulletin board at the post office. Mayor Burnett, seeing no additional comments, closed the public comment at 6:34p.m .

VII.

CONSENT CALENDAR- 6:40 p.m.

Mayor Burnett asked if any council members wished to pull any items. Seeing no request from Council to pull any items, Mayor Burnett asked if any member of the audience wish to do so. Mayor Burnett commented that under monthly reports as it relates to the Public Records Request log, there seems to be a perception that we are not doing enough and thus requested that the City Attorney and City Administrator articulate a policy and bring back to the next council meeting for discussion. Council Member Beach commented that there is a great deal of frustration on this issue but that it may have to do with the fact that city records are not in electronic format; that once the IT Plan is implemented it may make a difference in how these records requests are managed. Sue McCloud requested that items D, F and J be pulled. A. Ratified Direction given to staff Relative to the Shoreline and Forest Management Plans Workshop Discussion ofFebruary 3, 2014. Ratified the minutes for the regular meeting of February 4, 2014. Ratified the minutes of the Special Meeting of February 13, 2014. Ratified the bills paid for the period of January 1 - January 31, 2014. Received Monthly Reports. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to an Existing Contract (PDB-PCA-FOUR-005-13-14) with 4Leaf, Inc. for Continued Contract Permit Technical Services, in an amount not to exceed $92,000. Considered a Resolution Awarding a Construction Contract to Monterey Peninsula Engineering, the Lowest Responsible Bidder, for the 2014 Concrete Pavement Repair Project for a Not to Exceed Amount of $161,400; Approving a Not to Exceed amount of 4

B.

C.
D.

E.

F.

G.

$16,140 for Project Contingency, and Approving a Not to Exceed Amount of $8.070 to Neill Engineering for Project Management

H.

Considered a Resolution Authorizing City Co-sponsorship with the Library Board of Trustees and the Carmel Public Library Foundation of the Annual Sterling Circle Event. Considered Budget Adjustments Requests. Considered a Resolution Amending the City's Position Classification and Salary Plan by Adopting the Job Description and Salary Range for the City Clerk Position. Seeing no other requests, Mayor Burnett entertained a motion to approve items A,B 1 C, G, H and I. Vice Mayor TALMAGE moved to approve items A,B,C,G, H and I. Motion seconded by Council Member BEACH and carried unanimously. Mayor Burnett stated that in light of the fact that we had PG & E and time being an issue, he suggested with the concurrence of the full council that the following items be continued to the next meeting or to a special meeting. Items: D under orders of council, Item VIII (B) (Plastic Bags); item VIII (E) continued to March 18. Vice Mayor TALMAGE moved to re-notice and continue items VIII (B, D & E) under orders of council to a subsequent meeting noting that the Destination Marketing item will be coming back to the council on March 18 and the two Planning related items will be on the April 1 council agenda. Motion seconded by Council Member HILLYARD and carried unanimously. Opened to public comment at 6:51 p.m. Barbara Livingston- Commented that she supports the plan relative to arranging the flow of the meeting and moving some items in consideration of the audience. Mayor Burnett closed to public conunent at 6:51 p.m.

I.

J.

VII (D).

Ratify the bills paid for the period of January 1 - January 31 , 2014. Sue McCloud asked a question about the $35,000 related to lawyer fees and what that paid for; commented on item F & J related to the outflow of money and the level of salaries being proposed. City Administrator Stilwell stated that with respect to the $35,000, $23,000 is related to legal services associated with employment law and personnel related work; and $11,000 is related to legal support for the public records program. Mayor Burnett opened to public comment on this item at 6:55 p.m. Seeing no public speakers, he closed to public comment at 6:55p.m. Council Member HILLYARD moved to ratify the bills paid for the period of January 1 through January 31, 2014. Motion seconded my Council Member THEIS and carried unanimously.

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VII (E).

Receive monthly reports. There were brief comments by council related to how the records are in paper and hence the reason why records can't be retrieved more timely. Mayor Burnett opened and closed to public comment at 6:58p.m.

VII (F & J). Consideration of a Resolution Authorizing the City Administrator to Approve an

Amendment to an Existing Contract (PDB-PCA-FOUR-005-13-14) with 4 Leaf, Inc. for Continued Contract Permit Technical Services, in an Amount Not to Exceed $92,000. Consideration of a Resolution Amending the City's Position Classification and Salary Plan by Adopting the Job Description and Salary Range for the City Clerk Position. City Administrator commented on items VII F and VII J. Mr. Stilwell stated that there have been a number of contracts coming to the council recently that are in further compliance with the provisions of the municipal code and that these are not necessarily reflective of additional spending beyond what has been budgeted for. He further commented that item F is just an augmentation of staff in preparation for the arrival of the building official; that once the building official is on board those functions could be reexamined. Mr. Stilwell stated that with respect to item VII J, the focus is to try to attract a professional City Clerk. Mayor Burnett opened/closed to public comment on both of these items at 7:10p.m. Council Member HILLYARD moved to approve item F as presented. Motion seconded by Council Member THEIS and carried unanimously.
Vffi. ORDERS OF COUNCIL
A.

Report on Status of Fire Services Contract with the City of Monterey and Consideration of a Resolution Authorizing a Budget Adjustment Request to True Up for Fiscal Year 2012/2013. Chief Panholzer presented the report and spoke relative to: its history, cost issues, formula allocation; addressed FY 2012-20 13 True Up, service delivery and levels; governance and action steps. There were questions and comments from the council relative to this item including: was there a true up last year, what was the cost, are we going to go back for calendar year 2012 and 2013 to see what the numbers will look like; if we were to apply the formula retroactively what will the numbers look like; and which were addressed by Chief Panholzer. Mayor Burnett opened to public comment at 7:42 p.m.

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Barbara Livingston-commented that this was a complicated presentation; and that what would be the cost of having a stand-alone fire department as opposed to contracting with the County.

Seeing no other speakers, Mayor Burnett closed to public comment at 7:43p.m. A substantial discussion took place related to the costs vs. benefits associated with this proposal with topics including: overtime costs, overhead costs of 10. 7%; managing overtime; expected savings; costs moving forward; whether or not these costs are a one time or reoccurring events; staffmg levels and salary levels. Council Member HILLYARD moved to receive the report and authorize the budget adjustment to True Up with a friendly amendment to said motion directing Chief Panholzer and the City Administrator to come back with a report on the financial impact of potentially changing the formula. Motion seconded by Vice Mayor TALMAGE and carried unanimously.

The City Council took a brief recess at 7:57 p.m. and reconvened at 8:13 p.m. C. Consideration of a Use Permit (UP- 14-6) for Alterations to an Existing 2-Unit Residential Building Located on Mission Street Four Buildings Northwest of Eight Avenue in the Residential and Limited Commercial (RC) Zoning District. Vice Mayor Talmage recused himself because he lives within 500 feet of the subject property and accordingly left the dais and room. City Attorney Freeman also recused himself because he owns property within 500 feet of the subject property and he too left the dais and exited the room. Marc Wiener presented the staff report speaking relative to the process of this item before the Planning Commission; attributes of the project; the Residential Limited Commercial District; use regulations; and other elements of the project. There were several questions from council to staff. Eric Miller- Architect of record addressed the City Council on this matter. Mayor Burnett opened to public comment at 8:22p.m. Jim Bell- spoke in support of the project. Seeing no other speakers, Mayor Burnett closed to public comment at 8:22p.m. Council Member HILLYARD moved to approve with Council Member BEACH seconding. Motion carried by the following roll call vote:

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AYES:

COUNCIL MEMBERS:

BEACH, HILLYARD, THEIS, AND MAYOR BURNETT NONE TALMAGE NONE

NOES: ABSTAIN: ABSENT:

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

F.

Consideration of an Ordinance Amending Title 15 of the Carmel-by-the-Sea Municipal Code Reflecting the Previous Adoption of the 2013 California Energy and Mechanical Codes. Rob Mullane, Community Development and Planning Director presented the staff report indicating that this is a clean-up ordinance. Mayor Burnett opened and closed to public comment at 8:36 p.m. Council Member HILL YARD moved to adopt first reading ordinance as presented. Motion seconded by Council Member BEACH and carried by the following roll call vote: AYES: COUNCIL MEMBERS: BEACH, HILLYARD, THEIS, TALMAGE AND MAYOR BURNETT NONE NONE NONE

NOES: ABSENT: ABSTAIN:

IX.

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

FUTURE COUNCIL AGENDA ITEMS

A. Receive the Council agenda forecast. City Administrator Stilwell briefly summarized potential items for the agenda forecast including: policy relative to public records act request; 1993 policy on bulletin board postings; PG & E incident update; marketing coalition and related annual report; plastic bag status report; building board of appeals; comprehensive salary plan resolution; median lights and status report on city's key initiatives as well as IT Plan. Mayor Burnett opened to public comment at 8:45 p.m. and asked if any member of the public wished to offer any suggestions for the agenda forecast. Seeing none, he closed to public comment at 8:46p.m.
X. RECONVENE TO CLOSED SESSION (IF NECESSARY)

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XI.

ADJOURNMENT
Seeing no further business before the City Council, Mayor Burnett declared the meeting adjourned at 8:48 p.m. Respectfully submitted, ATTEST:

Daryl A Betancur, CMC Deputy City Clerk

Jason Burnett, MAYOR

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