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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 4:31 p.m. Mayor Burnett called the meeting to order.
Council Members Hillyard, Theis, Vice Mayor Talmage and Mayor Burnett. Council Member Beach-It was noted that Ms. Beach will be arriving late.
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 Marc Wiener, Senior Planner Ill. PLEDGE OF ALLEGIANCE
Paul Miller, Pine Cone Editor led the audience in the pledge of allegiance. Mayor Burnett announced that this marks the 1001h year anniversary of the Pine Cone and accordingly presented a Proclamation commemorating such event.
IV. EXTRAORDINARY BUSINESS
A. Employee Recognition: Deanna Allen- Monterey Peninsula Regional Water Authority.
Mayor Burnett introduced Mr. Jim Cullen, Executive Director of the Monterey Peninsula Regional Water Authority who then presented a Certificate of Appreciation for outstanding contributions to Ms. Allen for her work in assisting the Authority with the annual audit and other administrative tasks. B. A proclamation was presented to Mr. Paul Miller.
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMINISTRATOR
Announcements from Closed Session.
City attorney, Don Freeman stated that the City Council met in closed session pursuant to California Government Code Section 54957.6 (a) labor negotiations and that there are no announcements for the public. B. Announcements from City Council members Council Member Theis announced that the Hospitality Improvement District (HID) meetings are open to the public and that everyone is welcome; meets quarterly; next meeting is Apri124, 3:00p.m. to 5:00p.m. Mayor Burnett stated he had two announcements; 1) the passing of former Interim City Administrator John Goss; and 2) that we received a request to continue item E regarding Wonderspace Carmel which is listed under orders of council.
C. Announcements from City Administrator.
1. City Administrator Stilwell summarized the discussion held on February 3 during the workshop relative to the Shoreline and Forest Management Plans; stated that both were listed as key initiatives; spoke about the process of implementation. Stated that the shoreline plan focuses on signage; there will be a review of beach fire management issues; public hearings on these and will come back to the council later on this year. Additionally, Mr. Stilwell made comments relative to shoreline assessment, which will review both the beach profile and underline structure of the bluffs to determine impacts. As it relates to the Forest Management Plan, Mr. Stilwell indicated that the main focus is to find ways to sustain the forest. 2. Agenda Forecast- Mr. Stilwell highlighted some items included in the forecast making special mention of the facilities use plan workshop scheduled for March 3 and the budget calendar dates. 3. Public Records Act Process-City Administrator Stilwell indicated that the process is now better managed and more streamlined and that the Clerk is to manage the records requests. 4. Presentation of FY 2012/2013 Financial Statement Audit-Mr. Stilwell introduced Joe Arch with JJA CPA, Inc. , who presented the audit report. 5. Second Quarter Performance Report- City Administrator made brief remarks about the report including the financial summary; spoke about revenues in excess of budget by 1.1 million dollars; that expenses are being well managed by all departments; spoke about the Capital Improvement Program (CIP) indicating that the fund is showing a positive variance due to delay in projects; that there is a focus on street paving, sidewalk repairs, IT Plan implementation and other projects. 6. Introduction of new Employees: Library Assistant- Jeanette Campbell Finance Manager- Paul Wood City Administrator Stilwell asked both Janet Bombard, Library Director and Susan Paul, Administrative Services Director to introduce the new employees. 2
D. Report from City Treasurer. Mr. Jim Emery, City Treasurer presented a staff report highlighting the city's financial position and alluding to the role of the City Treasurer. There were some questions from members of the City Council to Mr. Emery relative to the level of reseryes and the budget.
Mayor Burnett opened the meeting to public comment at: 5:34p.m. Ernest "E" Griffin-Ortiz- Administrative Director of The Carmel Youth Center- Spoke about the center indicating that the center is not an affluent organization and clarifying that the Center is not a city-run organization; and that they too rely on financial outside support; he commented that he wants to renew the financial relationship they had with the City in the past. Barbara Livingston- announced that there will be a candidate's forum sponsored by the Carmel Residents Association (CRA) scheduled for Thursday, February 27 at Carpenter Hall with the moderator being District Attorney Flippo. Cindy Lloyd- Spoke about the Christmas decorations and Resolution No. 85-08; and policy No. 95-08; requested that the City Council considers a Resolution relative to illumination of median lights on Ocean Avenue. Monta Potter- Executive Director of the Carmel Chamber of Commerce - announced that there will be shuttles available to Pebble Beach for the AT & T Event. Natalie Sweet spoke about the article in the Pine Cone about the mail-box business at 100 Dolores Street. Joe Cadelago from Waste Management- made announcements about several trash related events. Vincenzo D 'Amico- spoke about his desire to run as a write-in candidate. Mayor Burnett, seeing no additional comments, closed the public comment at 5:55 p.m.
CONSENT CALENDAR- 5:35 pm
Mayor Burnett asked if any council members wished to pull any items with Mr. Talmage indicating he wished to pull certain items on the agenda related to contract work in the Planning Department (Items I, J and K) but he indicated that he wanted to ask questions first. Mr. Talmage asked City Administrator about the intent in having three contracts in the Planning Department here in a row. City Administrator Stilwell stated that the City's Municipal Code reqwres this level of transparency since 2002 and thus we are bound to bring these types of contracts as required by the municipal code; and that this is not reflective of a change of policy or a philosophy of sourcing or out-sourcing but in compliance with the municipal code.
Having heard the explanation, Vice Mayor Talmage stated he no longer wished to pull these items. Council Member Theis stated that with respect to Item P, that it is important to nominate Mayor Burnett and Vice Mayor Talmage to the Monterey Peninsula Regional Water Authority. A. B. C. D. E. F. G. Ratified the minutes for the regular meeting of January 7, 2014. Ratified the bills paid for the period of December 1 -December 31, 2013. Received Monthly Fire and Ambulance reports. Received Monthly Code Compliance update. Received Public Records and Media Request Log. Received Second Quarter Performance Report. Considered a Resolution authorizing the City Administrator to Enter into a Professional Services Consulting Agreement with Public Consulting Group, Inc, to Provide IT Strategic Plan Implementation Support and Project Management Services for the Implementation of Year One of the Information Technology Strategic Plan in an Amount not to Exceed $75,000. Approved Fiscal Year 2012-2013 Financial Statement Audit. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to an Existing Contract with Fasulo Investigations for Continued Contract Code Compliance Services, in an Amount not to Exceed $48,000. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to an Existing Contract (PDB-PSA-CW-002-13-14) with T. J. Wiseman for Continued Contract Planning Services, in an Amount not to Exceed $62,400. Considered a Resolution Authorizing the City Administrator to Approve an Amendment to an Existing Contract (PDB-PSA-RINCON-005-13-14) with Rincon Consultants, Inc., for Continued Contract Planning Services, in an Amount not to Exceed $81 ,600. Considered a Resolution Approving a Fee Waiver in the Amount of $12,636 for the 20 14 Carmel Arts Festival. Considered a Resolution to Approve a Request for the 2016 Centennial Committee Proposed Logo for the 20 16 Centennial Celebration. Considered a Resolution Granting Approval to Hold the March 27, 2014 Farmers Market in Devendorf Park, Close Mission Street between Ocean and 61h Avenues from 8:00 a.m. to 4:00p.m., and Waive all Fees Associated with the Event.
Considered a Resolution Authorizing the City Administrator to Approve an Amendment to an Existing Contract (PWD-PSA-ESC-01-13/ 14) with Edison Santa Cruz for Continued Contract Janitorial Services, in an Amount not to Exceed $38,000. Consider Appointments to Monterey Peninsula Regional Water Authority. Mayor Burnett read the consent agenda items into the record and asked if any member of the public wished to pull any items with Sue McCloud requesting to pull items A and G. Vice Mayor Talmage made comments relative to the waiving of fee policy as it relates to city events; and that money spend should benefit the Carmel-by-the-Sea community. Council Member HILLYARD moved to approve the consent calendar items B-F and H-P with the suggestion that Mayor Burnett and Vice Mayor Talmage be the designated representatives to the Monterey Peninsula Regional Water Authority. Council Member THEIS seconded and motion carried unanimously.
Ratify the minutes for the Regular meeting of January 7, 2014 Sue McCloud stated that a correction needs to be made reflecting that she had asked the council agendize and consider making a city contribution to the Big Sur Property Owners Association. Mayor Burnett opened and closed to public comment at 6:07 p.m. Seeing none, he closed to public comment at 6:08 p.m. and entertained a motion to approve as amended. Council Member HILLYARD moved to approve the minutes as amended. Motion seconded by Council Member THEIS and carried unanimously.
Consideration of a Resolution authorizing the City Administrator to enter into a Professional Services Consulting Agreement with Public Consulting Group, Inc., to provide IT Strategic Plan Implementation Support and Project Management Services for the implementation of year one of the Information Technology Strategic Plan in an amount not to exceed $75,000. Sue McCloud commented that she has three questions on this item including: 1) where is the company located due to the fee involved, which it indicates that it is $1,000 per trip; 2) there is no time line for what this contract will cover; and 3) there is no break-down in the cost ofthe $75,000. Mayor Burnett opened to public comment at 6:10p.m. Sue Paul, Administrative Services Director explained that this item is for the implementation of year one of the IT Strategic Plan, which is one of the 2014 key initiati\'es and it covers oversight of project, project management, and each project within each sphere will have its own timeline, and as such you do not see specific timelines laid out in the document; that the company is located in Sacramento and the address is on page
49 that is included in the contract that is included in the agenda item; that with respect to the per diem expenses, this is typical of such contracts. Seeing no other speakers, Mayor Burnett closed to public comment at 6:13 p.m. and entertained a motion to approve. Vice Mayor TALMAGE moved to approve as presented. Motion seconded by Council Member THEIS and carried unanimously.
VIII. ORDERS OF COUNCIL
Received Water Update, Provided Direction and Authorized Mayor to Send Letter of Support for Ratepayer SaYings Legislation. Mayor Bumett presented a brief staff report and spoke about the contents of the presentation related to water securitization; projected effects on Monterey water bills; economic impacts of this is not done; and election of desal design/build firm. Mayor Burnett opened and closed to public comment at 6:32 p.m. Vice Mayor TALMAGE moved to accept the report and authorize the Mayor to send a letter of support for the Ratepayer Savings Legislation. Motion seconded by Council Mem her lllLLYARD and carried unanimously.
Report on Mitigation Efforts for the Fire Risks Associated with Dry Weather Conditions and Provide Direction. Chief Panholzer provided the report. Following Chief Panholzer's presentation, there were several questions from council relative to fire hazards, fire protection, fire prevention and the need to have more education materials to the community. Mayor Burnett opened to public comment at 6:47p.m. Karen Perlita- spoke about signage on high sensitive areas and that we need more of them; spoke about debris that looks like construction materials dumped in the area of the canyon around the Mission trails park. Barbara Livingston- asked as to whether or not the fire hydrants have been tested. Sue McCloud- asked the question of what are we doing about visitors as it relates to fire prevention and education; what about outdoor fireplaces and barbecues; and that there is no clear direction as to if we had a disaster like a firestorm how do we get out. Seeing no other speakers, Mayor Burnett closed to public comment at 6:53 p.m. Prior to taking a recess Mayor Burnett took up the issue of the continued item regarding Wonderspace Carmel.
Consideration of a Resolution authorizing the City Administrator to adopt an amendment to an existing contract (CA-PCS-RT-WSpace-009-13-14) with Richard Tavener for the continued development of Wonderspace Carmel, in an amount not to exceed, $60,000.
Mayor Burnett indicated that there is a staff request to continue this item and opened and closed to public comment at 6:59 p.m.
A short break has been scheduled. Items after break will not start before 6:30 p.m. The City Council recessed at 7:00p.m., and reconvened at 7:15p.m. For the record, Council Member Beach arrived at 7:36p.m. and left at 8:41p.m.
Consideration of Resolution Authorizing the City Administrator to Initiate Negotiations with GreenWaste Reco,·ery for Franchised Solid Waste, Recycling and Organics Collection Services. Mayor Burnett made comments relative to the process to be followed tonight for these presentations. City Administrator Stilwell explained the process to be followed in more detail. Mike Niccum- Pebble Beach Community Services District and Chair of the Technical Advisory Group made comments related to the to the history of the franchise agreement. Rob Hilton- Consultant presented the staff report made comments about the process undertaken to evaluate the proposals and made extensive remarks about the exceptions objected to by Waste Management Corporate. Don Freeman, City Attorney made comments regarding the process undertook stating that he had looked at the exceptions and these are not to the benefit of the city; commenting that we will not recommend we negotiate against ourselves. Following Mr. Hilton' s presentation, there were a number of comments and questions for Mr. Hilton regarding the proposals before the council regarding base costs ,.s. alternative costs, exceptions, time frames and other elements of the proposals. Emily Hanson- Director of Business Development and Communications presented the proposal on behalf of Greenwaste. Joe Cadelago- Business Manager presented the proposal on behalf of Waste Management. Following the proposals, there was an extensive discussion amongst council members regarding: whether or not proposal by Waste Management is responsive; the number of exceptions; proprietary big bellies; the $30.00 rebate; impact of trucks on streets; amount and percentage of what is recycled. Mayor Burnett opened to public comment at 8:42 p.m.
Rich Christina, Seth Parker, Kristin Cromie, Ana Maldonado and Erika Carrillo spoke on behalf of Waste Management. Barbara Livingston- spoke in favor of Waste Management and posed the following questions: 1) are rates to go up or down with Greenwaste; 2) 10 years for a contract is too long; 3) What is the difference with Greenwaste; and 4) will they take everything to San Jose? Karen Ferlito- commented that she appreciates Waste Management but wants to see new ideas. Frank Waggle- Chief Operating Officer with Greenwaste spoke and answered council' s questions relative to costs. Sue McCloud- commented that trash collection in Carmel is mandatory and asked what is their bill for those who are only here part time. Seeing no other speakers, Mayor Burnett closed to public comment at 8:59p.m. Both companies were given the opportunity to make further comments and respond to the questions and comments posed by the City Council and by members of the audience. After a lengthy discussion, Vice Mayor TALMAGE moved to negotiate with the two parties predicated upon Waste Management removing the majority of all the exceptions it took to the model franchise agreement including the removal of all of the exceptions considered to be "high" or "medium" by February 18, 2014. Motion seconded by Council Member HILLYARD and carried unanimously.
The City Council took a brief recess at 9:50 p.m. and reconvened at 9:55 p.m.
D. Consideration of a preliminary report on option for establishing a long-term use of the Flanders Mansion Property. City Administrator Stilwell stated that at the last meeting the council had considered five options which are the subject of the staff report and that staff needed to further review and study and that Mr. Roseth will be reporting on those actions. Brian Roseth presented the staff report and spoke about the five options. Following Mr. Roseth' s presentation, there were a number of questions from council about the options including moving the Mansion. Mayor Burnett opened to public comment at 10:06 p.m. Melanie Billig- spoke about the options commenting that she is in favor of option 1 and its benefits; and disagrees with option 2 sale of the Mansion. Barbara Livingston- stated that she supports options 1 and 4. Cindy Lloyd- submitted a statement that was entered into the record.
Yoko Whitaker- read a statement into the record and spoke about the historicity of the Mansion. Joe Stevens- spoke against the selling of the Flanders Mansion and is in favor of options I and 4. Karen Ferlito- spoke about comments made by Cindy Lloyd. Seeing no others speakers, Mayor Burnett closed to public comment at 10:22 p.m. There was a significant discussion on this item with council members being in favor of eliminating ce1iain options and providing direction to staff to focus on remaining options. Direction was give to staff to further study option I; use a third party to get the word out nationwide; ask staff to come back with a revised set of criteria on what we want and the methodology to evaluate proposals.
Consideration of an Ordinance amending Title 17.42 and 17.43 of the Carmel-by-the-Sea Municipal Code Regarding Storm Water Quality Management. (Second reading and adoption). Mayor Burnett indicated that this is a second reading ordinance and subsequently opened and closed to public comment at 10:40 p.m. Vice Mayor TALMAGE moved to adopt Ordinance No. 2014-01 as presented. Motion seconded by Council Member HILLYARD and carried by the following roll call: AYES: COUNCIL MEMBER: HILLYARD, THEIS, TALMAGE AND MAYOR BURNETT NONE BEACH NONE
NOES: ASBSENT: ABSTAIN:
COUNCIL MEMBER: COUNCIL MEMBER: COUNCIL MEMBER;
FUTURE COUNCIL AGENDA ITEMS
A. Receive the Council agenda forecast.
City Administrator Stilwell make comments regarding the fee waiver policy stating that in reviewing the policy from staffs point of view, the policy is clear enough for us to say that it should be a Cam1el-by-the-Sea charity understanding that if the council wishes to have more specificity staff can bring it back.
X. XI. RECONVENE TO CLOSED SESSION (IF NECESSARY) ADJOURNMENT
Seeing no further business before the City Council, Mayor Burnett declared the meeting adjourned at 10:43 p.m.
Daryl A Betancur, CMC Deputy City Clerk
Jason Burnett, MAYOR
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