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MINUTESREGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEAFebruary 4 2014

I CALL TO ORDER

II .

The regular meeting o the City Council o the City o Carmel-by-the-Sea California was heldon the above date at the stated hour o 4:31 p.m. Mayor Burnett called the meeting to order.

PRESENT: Council Members Hillyard Theis Vice Mayor Talmage andMayor Burnett.ABSENT: Council Member Beach-It was noted that Ms. Beach will be arriving late.STAFF PRESENT: Jason Stilwell City AdministratorDon Freeman City AttorneyDaryl A. Betancur Deputy City ClerkMike Calhoun Public Safety DirectorSusan Paul Administrative Services DirectorSharon Friedrichsen Public Services DirectorRob Mullane Community Planning Building Services DirectorMarc Wiener Senior Planner

Ill PLEDGE OF ALLEGIANCE

Paul Miller Pine Cone Editor led the audience n the pledge o allegiance.Mayor Burnett announced that this marks the 1001h year anniversary o the Pine Cone andaccordingly presented a Proclamation commemorating such event.

IV. EXTRAORDINARY BUSINESSA. Employee Recognition: Deanna Allen- Monterey Peninsula Regional Water Authority.

Mayor Burnett introduced Mr. Jim Cullen Executive Director o the Monterey PeninsulaRegional Water Authority who then presented a Certificate o Appreciation for outstandingcontributions to Ms. Allen for her work in assisting the Authority with the annual audit andother administrative tasks.

B. A proclamation was presented to Mr. Paul Miller.V. ANNOUNCEMENTS FROM CLOSED SESSION FROM COUNCIL MEMBERS AND

THE CITY ADMINISTRATORA Announcements from Closed Session.

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City attorney, Don Freeman stated that the City Council me t in closed session pursuant toCalifornia Government Code Section 54957.6 a) labor negotiations and that there are noannouncements 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 meetingis Apri124, 3: p.m. to 5:00p.m.Mayor Burnett stated he had two announcements; 1 the passing of former Interim CityAdministrator John Goss; and 2) that we received a request to continue item E regardingWonderspace 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 theworkshop relative to the Shoreline and Forest Management Plans; stated that both werelisted 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 managementissues; 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 willreview 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 isto find ways to sustain the forest.2. Agenda Forecast- Mr. Stilwell highlighted some items included in the forecast makingspecial mention of the facilities use plan workshop scheduled for March 3 and thebudget calendar dates.3. Public Records Act Process-City Administrator Stilwell indicated that the process isnow better managed and more streamlined and that the Clerk is to manage the recordsrequests.4. Presentation of FY 2012/2013 Financial Statement Audit-Mr. Stilwell introduced JoeArch with JJA CPA, Inc. , who presented the audit report.5. Second Quarter Performance Report- City Administrator made brief remarks about thereport including the financial summary; spoke about revenues in excess of budget by 1.1million dollars; that expenses are being well managed by all departments; spoke aboutthe Capital Improvement Program CIP) indicating that the fund is showing a positivevariance 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 CampbellFinance Manager- Paul Wood

City Administrator Stilwell asked both Janet Bombard, Library Director and Susan Paul,Administrative Services Director to introduce the new employees.

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D. Report from City Treasurer. Mr. Jim Emery, City Treasurer presented a staff reporthighlighting 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 thelevel of reseryes and the budget.

VI. PUBLIC APPEARANCESMayor Burnett opened the meeting to public comment at: 5:34p.m.Ernest E Griffin-Ortiz- Administrative Director of The Carmel Youth Center- Spoke about thecenter indicating that the center is not an affluent organization and clarifying that the Center isnot a city-run organization; and that they too rely on financial outside support; he commentedthat 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 CarmelResidents Association (CRA) scheduled for Thursday, February 27 at Carpenter Hall with themoderator 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 medianlights on Ocean Avenue.Monta Potter- Executive Director of the Carmel Chamber of Commerce - announced that therewill 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 100Dolores Street.Joe Cadelago from Waste Management- made announcements about several trash related events.Vincenzo DAmico- 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.

Vll CONSENT CALENDAR 5:35 pmMayor Burnett asked if any council members wished to pull any items with Mr. Talmageindicating he wished to pull certain items on the agenda related to contract work in the PlanningDepartment (Items I, J and K) but he indicated that he wanted to ask questions first. MrTalmage asked City Administrator about the intent in having three contracts in the PlanningDepartment here in a row.City Administrator Stilwell stated that the City s Municipal Code reqwres this level oftransparency since 2002 and thus we are bound to bring these types of contracts as required bythe municipal code; and that this is not reflective of a change of policy or a philosophy ofsourcing or out-sourcing but in compliance with the municipal code.

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Having heard the explanation, Vice Mayor Talmage stated he no longer wished to pull theseitems.Council Member Theis stated that with respect to Item P, that it is important to nominate MayorBurnett and Vice Mayor Talmage to the Monterey Peninsula Regional Water Authority.A. Ratified the minutes for the regular meeting ofJanuary 7, 2014.B. Ratified the bills paid for the period of December 1 December 31, 2013.C. Received Monthly Fire and Ambulance reports.D. Received Monthly Code Compliance update.E. Received Public Records and Media Request Log.F. Received Second Quarter Performance Report.G. Considered a Resolution authorizing the City Administrator to Enter into a Professional

Services Consulting Agreement with Public Consulting Group, Inc, to Provide IT StrategicPlan Implementation Support and Project Management Services for the Implementation ofYear One of the Information Technology Strategic Plan in an Amount not to Exceed75,000.H. Approved Fiscal Year 2012-2013 Financial Statement Audit.I Considered a Resolution Authorizing the City Administrator to Approve an Amendment toan Existing Contract with Fasulo Investigations for Continued Contract Code ComplianceServices, in an Amount not to Exceed 48,000.

J . Considered a Resolution Authorizing the City Administrator to Approve an Amendment toan Existing Contract (PDB-PSA-CW-002-13-14) with T. J. Wiseman for ContinuedContract Planning Services, in an Amount not to Exceed 62,400.K. 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 ., forContinued Contract Planning Services, in an Amount not to Exceed 81 ,600.L. Considered a Resolution Approving a Fee Waiver in the Amount of 12,636 for the 2014Carmel Arts Festival.M. Considered a Resolution to Approve a Request for the 2016 Centennial CommitteeProposed Logo for the 2016 Centennial Celebration.N. Considered a Resolution Granting Approval to Hold the March 27, 2014 Farmers Market inDevendorf Park, Close Mission Street between Ocean and 61h Avenues from 8:00 a.m. to4:00p.m., and Waive all Fees Associated with the Event.

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0 Considered a Resolution Authorizing the City Administrator to Approve an Amendment toan Existing Contract (PWD-PSA-ESC-01-13/14) with Edison Santa Cruz for ContinuedContract Janitorial Services, in an Amount not to Exceed 38,000.P Consider Appointments to Monterey Peninsula Regional Water Authority.

Mayor Burnett read the consent agenda items into the record and asked if any member ofthe 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 tocity 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 andH-P with the suggestion that Mayor Burnett and Vice Mayor Talmage be thedesignated representatives to the Monterey Peninsula Regional Water Authority.Council Member THEIS seconded and motion carried unanimously.

VII A). Ratify the minutes for the Regular meeting of January 7, 2014

VII G).

Sue McCloud stated that a correction needs to be made reflecting that she had asked thecouncil agendize and consider making a city contribution to the Big Sur Property OwnersAssociation.Mayor Burnett opened and closed to public comment at 6:07 p.m. Seeing none, he closedto public comment at 6:08 p.m. and entertained a motion to approve as amended.Council Member HILLYARD moved to approve the minutes s amended. Motionseconded by Council Member THEIS and carried unanimously.Consideration of a Resolution authorizing the City Administrator to enter into aProfessional Services Consulting Agreement with Public Consulting Group, Inc., toprovide IT Strategic Plan Implementation Support and Project Management Services forthe implementation of year one of the Information Technology Strategic Plan in an amountnot to exceed 75,000.Sue McCloud commented that she has three questions on this item including: 1 where isthe 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 thecost ofth 75,000.Mayor Burnett opened to public comment at 6:10p.m.Sue Paul, Administrative Services Director explained that this item is for theimplementation of year one of the IT Strategic Plan, which is one of the 2014 keyinitiati\'es and it covers oversight of project, project management, and each project withineach sphere will have its own timeline, and as such you do not see specific timelines laidout in the document; that the company is located in Sacramento and the address is on page

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49 that is included in the contract that is included in the agenda item; that with respect tothe per diem expenses, this is typical o such contracts.Seeing no other speakers, Mayor Burnett closed to public comment at 6:13 p m andentertained a motion to approve.Vice Mayor TALMAGE moved to approve as presented Motion seconded by CouncilMember THEIS and carried unanimously.

VIII ORDERS OF COUNCILA Received Water Update, Provided Direction and Authorized Mayor to Send Letter oSupport for Ratepayer SaYings Legislation.

Mayor Bumett presented a brief staff report and spoke about the contents o thepresentation related to water securitization; projected effects on Monterey water bills;economic impacts o this is not done; and election o desal design/build firm.Mayor Burnett opened and closed to public comment at 6:32 p mVice Mayor TALMAGE moved to accept the report and authorize the Mayor to senda letter of support for the Ratepayer Savings Legislation Motion seconded by CouncilMem her lllLLYARD and carried unanimously.

B Report on Mitigation Efforts for the Fire Risks Associated with Dry Weather Conditionsand Provide Direction.Chief Panholzer provided the report.Following Chief Panholzer s presentation, there were several questions from councilrelative to fire hazards, fire protection, fire prevention and the need to have more educationmaterials to the community.Mayor Burnett opened to public comment at 6:47pmKaren Per lita- spoke about signage on high sensitive areas and that we need more o them;spoke about debris that looks like construction materials dumped in the area o the canyonaround the Mission trails park.Barbara Livingston- asked as to whether or not the fire hydrants have been tested.Sue McCloud- asked the question o what are we doing about visitors as it relates to fireprevention and education; what about outdoor fireplaces and barbecues; and that there is noclear direction as to i 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 mPrior to taking a recess Mayor Burnett took up the issue o th continued item regardingWonderspace Carmel.

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VIII (E). Consideration of a Resolution authorizing the City Administrator to adopt anamendment to an existing contract (CA-PCS-RT-WSpace-009-13-14) with RichardTavener for the continued development of Wonderspace Carmel, n an amount not toexceed, 60,000.Mayor Burnett indicated that there is a staff request to continue this item and opened andclosed 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 Councilrecessed 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.

C Consideration o Resolution Authorizing the City Administrator to Initiate Negotiationswith GreenWaste Reco,ery for Franchised Solid Waste, Recycling and Organics CollectionServices.Mayor Burnett made comments relative to the process to be followed tonight for thesepresentations.City Administrator Stilwell explained the process to be followed in more detail.Mike Niccum- Pebble Beach Community Services District and Chair o the TechnicalAdvisory Group made comments related to the to the history o the franchise agreement.Rob Hilton- Consultant presented the staff report made comments about the processundertaken to evaluate the proposals and made extensive remarks about the exceptionsobjected to by Waste Management Corporate.Don Freeman, City Attorney made comments regarding the process undertook stating thathe had looked at the exceptions and these are not to the benefit o the city; commenting thatwe will not recommend w negotiate against ourselves.Following Mr. Hilton' s presentation, there were a number o comments and questions forMr. Hilton regarding the proposals before the council regarding base costs , .s. alternativecosts, exceptions, time frames and other elements o the proposals.Emily Hanson- Director o Business Development and Communications presented theproposal on behalf o Greenwaste.Joe Cadelago- Business Manager presented the proposal on behalfo Waste Management.Following the proposals, there was an extensive discussion amongst council membersregarding: whether or not proposal by Waste Management is responsive; the number oexceptions; proprietary big bellies; the 30.00 rebate; impact o trucks on streets; amountand percentage o what is recycled.Mayor Burnett opened to public comment at 8:42 p.m.

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Rich Christina, Seth Parker, Kristin Cromie, Ana Maldonado and Erika Carrillo spoke onbehalf of Waste Management.Barbara Livingston- spoke in favor of Waste Management and posed the followingquestions: 1) are rates to go up or down with Greenwaste; 2) 10 years for a contract is toolong; 3) What is the difference with Greenwaste; and 4) will they take everything to SanJose?Karen Ferlito- commented that she appreciates Waste Management but wants to see newideas.Frank Waggle- Chief Operating Officer with Greenwaste spoke and answered council' squestions relative to costs.Sue McCloud- commented that trash collection in Carmel is mandatory and asked what istheir 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 thequestions and comments posed y the City Council and by members of the audience.After a lengthy discussion, Vice Mayor TALMAGE moved to negotiate with the twoparties predicated upon Waste Management removing the majority of all theexceptions it took to the model franchise agreement including the removal of all of theexceptions considered to be high or medium by February 18, 2014. Motionseconded 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 theFlanders Mansion Property.City Administrator Stilwell stated that at the last meeting the council had considered fiveoptions which are the subject of the staff report and that staff needed to further review andstudy 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 optionsincluding 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 itsbenefits; 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.

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Yoko Whitaker- read a statement into the record and spoke about the historicity of theMansion.Joe Stevens- spoke against the selling of the Flanders Mansion and is in favor of options Iand 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 ofeliminating 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 outnationwide; ask staff to come back with a revised set of criteria on what we want and themethodology to evaluate proposals.

F Consideration of an Ordinance amending Title .42 and 17.43 of the Carmel-by-theSeaMunicipal Code Regarding Storm Water Quality Management. Second reading andadoption).Mayor Burnett indicated that this is a second reading ordinance and subsequently openedand closed to public comment at 10:40 p.m.Vice Mayor T LM GE moved to adopt Ordinance No. 2014-01 as presented. Motionseconded by Council Member HILLY RD and carried by the following roll call:AYES: COUNCIL MEMBER:

NOES: COUNCIL MEMBER:ASBSENT: COUNCIL MEMBER:ABSTAIN: COUNCIL MEMBER;

IX. FUTURE COUNCIL GEND ITEMSA Receive the Council agenda forecast.

HILLYARD, THEIS, TALMAGE ANDMAYOR BURNETTNONEBEACHNONE

City Administrator Stilwell make comments regarding the fee waiver policy stating that inreviewing the policy from staffs point of view, the policy is clear enough for us to say that itshould be a Cam1el-by-the-Sea charity understanding that if the council wishes to have morespecificity staff can bring it back.

X. RECONVENE TO CLOSED SESSION IF NECESSARY)XI. DJOURNMENT

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Seeing no further business before the City Council Mayor Burnett declared the meetingadjourned at 1 :43 pm

Respectfully submitted

Daryl A Betancur CMCDeputy City Clerk

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ATTEST:

Jason Burnett M YOR