Agenda Item: 7.

A

MINUTES
CARMEL-BY-THE-SEA CITY COUNCIL
Special Meeting
Monday, August 25, 2014 8:00 a.m.

Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues


6. ROLL CALL MAYOR BURNETT
Present:

Mayor Burnett
Mayor Pro Tem Beach
Council Members: Dallas, Theis

Absent:
Council Member: Talmage

Mayor Burnett called the meeting to order at 8:05 a.m. will the above
Members of the Council present.

7. PUBLIC COMMENTS/APPEARANCES
If you would like to speak on an agenda item listed here, please wait until
the Mayor opens the item for public comment. While not required, please
state your name for the record and limit your remarks to three (3) minutes.

Mayor Burnett asked for public comments, seeing none, Mayor Burnett
closed the public comments and moved to Closed Session at 8:08 a.m.


8. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq. of the State of
California, the City Council will adjourn to Closed Session to consider the
following:

*Item 3.A: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b)
of Government Code Section 54956.9: 2 Case

City Council Agenda Sept 9, 2014
Page 22
Agenda Item: 7.A
Mayor Burnett convened the Special Session of the City
Council at 9:00 a.m. with the above Council Members
present.

Don Freeman, City Attorney announced that pursuant to
Government Code Section 54956.9 there was no reportable
action.

9. SPECIAL MEETING ITEM (S)

Item 4.A: Consideration of a Resolution of the City Council of the City
of Carmel-By-The-Sea authorizing staff and Legal Counsel
to take such steps necessary and appropriate to carry out
the directions set forth regarding the incident on March 3,
2014 House Explosion and Related Events.
Receive an update on the Investigation of the March 2014
House Explosion and Direct staff to draft letter for Mayors
Signature.
Recommendation: Adopt Resolution and direct staff to draft letter for
Mayors signature.
Jason Stilwell, City Administrator gave the staff report, he
recommended Council to review, modify and/or adopt the
proposed Resolution and direct the Mayor to sign the
corresponding letter to the Public Utilities Commission.
Mayor Burnett asked for public comments, seeing none,
Mayor Burnett closed the public comments.
Motion: Motion by Mayor Pro Tem Beach, seconded by Council
Member Theis to adopt the Resolution with modification
to 2
nd
paragraph to read CPUC have the sole legal duty
and 3
rd
paragraph to change obligated to requested.
Amend Motion:
Council Member Theis amended the motion to add that
the Council studied the report and concluded that it
failed to address the public safety of the citizens of
Carmel-by-the-Sea. Mayor Pro Tem Beach accepted the
amendment to her motion.

Motion: Motion by Mayor Burnett to amend the amendment to
add, PG&E and CPUC are obligated to provide a safe
system and therefore are requested to certify Mayor
Pro Tem Beach accepted the amendment to her motion,
with Council Member Theis seconding the amendment.
City Council Agenda Sept 9, 2014
Page 23
Agenda Item: 7.A
Mayor Burnett further amended the amendment to
suggest providing, Whereas, PG&E is requested to the
consent of an OII and if not provide a written
explanation as to why not.
Mayor Burnett would like to add a paragraph that states;
whereas the Council has carefully studied the report and
has concluded that that the report fails to address
significant issues to the concern of public safety of
citizens of Carmel-by-the-Sea, to be placed between
paragraphs one and two.
The discussion ensued with the following summary of the
motions:
Motion: Motion by Mayor Pro Tem Beach, seconded by Council
Member Theis to adopt Resolution 2014-60 and provide
the following; 1) Whereas, paragraph between
paragraphs one and two to state: Whereas, the for
mentioned circumstances revealed safety shortcomings
in PG&E Safety operations. 2). Whereas, this safety
shortcoming appear to be in violation of the Public
Utilities Section 451. 3) Whereas the components of the
report failed to properly address these shortcomings. 4)
Edit paragraph two insert sole before legal duty. 5)
Add in paragraph three, PG&E and CPUC are obligated
to provide a safe system and therefore are requested to
certify 6) PG&E is requested to support and consent
to the institution of such an OII in writing or provide a
written explanation of why it is unwilling to do so.
Mayor Burnett called for roll call vote, passed 4/0/1 with
Council Member Talmage absent.
AYES: 4 Council Members: Beach, Theis,
Dallas, Burnett
ABSENT: 1 Council Member: Talmage
ABSTAINED: 0 Council Members:


Motion: Motion by Council Member Theis, seconded by Council
Members Dallas to authorize Mayor Burnett to sign letter
and Mayor Pro Tem Beach, in conjunction with Mayor
Burnett, to incorporate items from the resolution to the
letter and mention in the letter, record keeping
shortcomings of PG&E and the belief that PG&E violated
the law specifically in Section 451 regarding the gas
distribution system. Mayor Burnett called for voice vote,
passed, 4/0/1 with Council Member Talmage absent.
AYES: 4 Council Members: Beach, Theis, Dallas, Burnett
City Council Agenda Sept 9, 2014
Page 24
Agenda Item: 7.A
ABSENT: 1 Council Member: Talmage
ABSTAINED: 0 Council Members:
10. ADJOURNMENT

There being no further business, Mayor Burnett adjourned at 9:18 a.m.

APPROVED: ATTEST:


_______________________ __________________________
Jason Burnett, Mayor Lori Frontella, MMC
Interim City Clerk











City Council Agenda Sept 9, 2014
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