city council minutes june 3, 2014 07-01-14

July 1, 2014 Council Meeting Packet Page 38

MINUTES

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

June 3, 2014

I. CALL TO ORDER

Mayor Burnett called the regular meeting of the City Council of the City of Carmel-by-the Sea, California to order at 4:36 p.m .

II. ROLL CALL:

Present: Council Members Dallas, Talmage, Theis; Vice Mayor Beach (arriving at 4:47 p.m.; Mayor Burnett

Staff Present: Jason Stilwell, City Administrator Don Freemen, City Attorney Catherine Raynor, City Clerk Sharon Friedrichsen, Public Services Director Mike Calhoun, Public Safety Director

Janet, Bombard, Library and Community Activities Director Rob Mullane, Community Planning and Building Director

Ill. PLEDGE OF ALLEGIANCE

Pastor Norm Mowery led the Pledge of Allegiance.

IV. EXTRAORDINARY BUSINESS

v.

A. Community Recognition: Pastor Norm Mowery, Church of the Wayfarer. Mayor Burnett expressed appreciation for the body of Pastor Mowery's work and congratulated him on his retirement .

B. Employee Recognition: Cindi Lopez, Community Services. City Administrator Stilwell, Barbara Livingston, and Manta Potter recognized and congratulated Ms. Lopez on her retirement.

ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL MEMBERS AND

THE CITY ADMINISTRATOR

A. Announcements from Closed Session City attorney, Don Freeman, read the item into the record and stated that there is nothing to report.

June 3, 2014 Regular Meeting Minutes


B. Announcements from City Council members

Council Member Talmage congratulated Sunset Center on hosting a successful fundraiser and provided an update on a meeting he and City Administrator Stilwell had

with staff from the California Public Utilities Commission.

Council Member Theis encouraged the public to attend the MINDDRVIE Car Tour event at Sunset Center June 4th.

Council Member Dallas asked citizens to get out and vote.

Vice Mayor Beach stated the recent Council retreat was very productive, that she had

the pleasure of interviewing prospective Planning Commission candidates recently, and she encouraged community members to submit applications.

Mayor Burnett stated Item, VIII C should be pulled as Council does not have that agenda

report . Mayor Burnett provided a water update on the desalinization project, related milestones, and other water related items. He closed saying he will regularly provide a water update at each regular meeting.

Council Member Talmage described other nearby large water projects.

Vice Mayor Beach provided an update on the Trails Ad Hoc Committee. She asked

Council to consider recommending a staff position, possibly at the Transportation Agency of Monterey County, to coordinate trails and trail projects regionally. Mayor Burnett suggested that when the Rio Park Item comes to Council that the hand out be

included in that agenda report and asked for the handout to be posted on line if

possible.

C. Announcements from City Administrator Stilwell

1. Summary of Monday's City Council Workshop on Key Initiatives - City Administrator Stillwell provided a brief summary on the June 2nd workshop on

Key Initiatives.

2. Forest Theater Status - He stated the City has received the punch list of items

that must be fixed before the theater can reopen.

3. Flanders Update - City Administrator Stilwell stated staff continues to pursue all 5 options and hope to receive proposals robust enough to bring to Council for

consideration.

4. Forecast Agenda - He provided an update of meetings over the next month.



VI. PUBLIC APPEARANCES

Mayor Burnett opened the meeting to public comments for items not on the agenda at 5:05 p.m.

Sue McCloud and Christine Sandin, from Sunset Center, provided details on the Center' s recent gala and thanked the community for its support. They closed saying next year's gala is May 9, 2014 with Herb Albert.

John Haveles, Manager of the Horizon Inn and Ocean View Lodge, asked that Item VII, L be removed from the Consent Calendar, stating this request impacts his guests. He provided Council will a similar written request by Julian Bills.

Jen Weathers, from the Carmel Heritage Society, encouraged the public to attend the Carmel House and Garden Tour on June 215

t .

Robert Knight introduced to Council a new local group called the Carmel Business Alliance, stating the alliance' s major concern for the City is the Farmers Market, asking it to be relocated. Todd Tice, Jim Miller, and Ryan Sanchez also spoke in support of a better location.

Stephen Moorer, from Pacific Repertory Theatre provided Council with an update on the relocation of their programs.

Adele Lloyd asked the City to take action on Lobos Street, possibly removing moving the property line back and removing trees to prevent a residential parking problem.

Lisa Dias, from Mirabel Hotel & Restaurant Group, commended Council for the public input methodology Council is using on the Farmers Market item.

Mayor Burnett closed public comment at 5:27p.m.

VII. CONSENT CALENDAR

At 5:28 p.m. Mayor Burnett read the Consent Calendar for the benefit of those watching the meeting and noted that Item VII, L under Consent will be pulled and heard after 7 p.m . He noted that in regards to Item VII, H. that he and Vice Mayor Beach interviewed 5 applicants and are recommending appointment of lan Martin to the Planning Commission.

Mayor Burnett asked if the Council or the public wanted any Consent items pulled and Council Member Talmage requested Item VII, I be pulled; Vice Mayor Beach asked for a typo to be corrected in minutes of Item VII, B; and Sue McCloud asked that Items VII, F and J be pulled.


July 1, 2014 Council Meeting Packet 1

Vice Mayor Beach moved, and it was seconded by Council Member Talmage, to approve Consent Calendar Items VII, A, B, CD, E G, H K, and M with noted amendments to minutes Item Band pulling Items F, I, J, and L for discussion. The motion carried unanimously.

A. Summary of Workshop. Action: Summary Received

B. Ratify the Minutes for the Regular Meeting of May 6, 2014. Action: Amended and Adopted

C. Ratify the Minutes of the Special Meeting of May 17, 2014. Action: Adopted

D. Ratify Bills Paid for the Period of April1- April 30, 2014. Action: Ratified March Bills not April

E. Receive Monthly Reports. Action: Received

F. Consideration of a request from the Carmel Chamber of Commerce to hold a Chamber's Concours Community Event and Refreshment Lounge on Thursday, August 14, 2014. Action: Pulled from Consent; Adopted Resolution 2014-36

At 5:31 P.M. Sue McCloud asked if there is a limit on who can sell at this event, who makes the money, and is it well policed . Mayor Burnett opened public comment and seeing no requests to speak closed public comment at 5:33 p.m .

Maggie Hardy and Monta Potter in response to quest ions stated all the food and drinks with the exception of the beer are provided by Carmel merchants and that trash cans are on site

Council Member Talmage moved to approve Item VII, F, and it was seconded by Council Member Dallas, adopting Resolution 2014-36, and the motion carried unanimously.

AYES: 5 COUNCIL MEMBERS:

NOES: 0 COUNCIL MEMBERS:

ABSENT: 0 COUNCIL MEMBERS:

Beach, Dallas, Talmage, Theis, Burnett

None None

G. Consideration of a Resolution Authorizing the City Administrator to Adopt an Amendment to an Existing Contract with the City of Monterey for Continued Contract Building Safety Services. Action: Adopted Resolution 2014-37


Page 4


H. Ratify Appointment to the Planning Commission. Action: Appointed /an Martin to the Planning Commission to fill an unexpired term with a term

date ending October 11, 2016

I. Consideration of a Resolution Awarding the 2014 Tennis Court Rehabilitation Project to Saviano Co. Inc., the Lowest Responsible Bidder, for a Not to Exceed Amount of $77,095. Action: Pulled from Consent; Adopted Resolution 2014-38

Councilmember Talmage expressed concerns with bids coming in higher than expected,

suggesting the funds be use for a different project. City Administrator Stilwell stated this

project is a capital improvement project as approved the Council in its last budget. Council Member Theis noted that Council has heard from staff concerns about liability

due to the condition of the court.

Mayor Burnett opened public comment at 5:40 p.m . Tom Greeley spoke in support of the project, stating it is valuable community resource and urged Council to move

forward . Seeing no more requests to speak closed public comment at 5:41 p.m. stating

he received verbal support for this project from Mark Behr.

Vice Mayor Beach moved to approve Item VII, I, and it was seconded by Council Member Theis,

adopting Resolution 2014-38, and the motion carried by a 3-2 vote.

AYES: NOES: ABSENT:

3 COUNCIL MEMBERS: 2 COUNCIL MEMBERS: 0 COUNCIL MEMBERS:

Beach, Theis, Burnett Dallas, Talmage None

J . Consideration of a Resolution Authorizing the City Administrator to Enter into an Agreement with Harris and Associates for Construction Management Services in an

Amount Not to Exceed $70,000. Action: Pulled from Consent; Adopted Resolution 2014-39

Sue McCloud asked for clarification on the job titles. Mayor Burnett opened public comment at 5:47 p.m. and seeing no requests to speak closed public comment. City

Administrator Stilwell stated project and construction management are 2 different job

titles and described responsibilities of each.

Council Member Talmage moved to approve Item VII, J, and it was seconded by Vice Mayor Beach,

adopting Resolution 2014-39, and the motion carried unanimously.

AYES: NOES: ABSENT:

5 COUNCIL MEMBERS: 0 COUNCIL MEMBERS: 0 COUNCIL MEMBERS:

Beach, Dallas, Talmage, Theis, Burnett None None



K. Consideration of a Resolution ofthe City Council accepting $2,000 from the Pacific Grove Concours Auto Rally for the Carmel Police Department DARE/Diversion Program. Action: Adopted Resolution 2014-40

L. Consideration of a request from the Forest Theater Guild to use the Vista Lobos Parking Lot for the 2014 Films in the Forest Series and approve a reduction in fees for three parking spaces on Torres Street to provide disabled parking and unloading. Action: Pulled from Consent; Moved for Discussion after Item VIII, A, the Waste Franchise Item;

Discussed; Adopted Resolution 2014-41 (4-1; Dallas voting No)

John Haveles, Manager of the Horizon Inn and Ocean View Lodge stated there are severe complications with this request, stating the films would directly face his

properties and negatively impact hotel business. He stated he just received notice of the project. Yvonne Bowen, Executive Director of Forest Theater Guild suggested a sound check and noted why other locations were not recommended. Barbara Livingston suggested a test run to determine the impacts and Sue McCloud suggested Forrest Hill Park. Mr. Avila stated he would like a sound test and suggested it be done in the evening to get a true comparison.

Council Member Talmage asked if portable rest rooms could be placed in a less

conspicuous spot. Council Member Dallas stated he supports the project. He stressed that due to the number of proposed films and potential impact, that he felt a different kind of noticing should have been used and that a better location would be better. Yvonne Bowen described the process used by the Guild. Council discussed several other potential locations and City Attorney Freeman stated the location cannot be changed at this meeting as a new location has not been noticed to residents. Council discussed the process used stressing it went through the Community Activities & Cultural Commission with City Attorney Freeman stating that it went through the appropriate noticing process for CA&CC.

Council Member Theis moved to approve the Forest Theater Guild doing a sound check at Vista Lobos Parking Lot allowing John Haveles and Julian Bills the opportunity to determine if the decibel level is sufficiently low enough to not impact their hotels and the motion was seconded

by Mayor Burnett .

Council Member Talmage asked and Council Member Theis and Mayor Burnett agreed to amend the motion to require portable rest rooms be relocated further away from Torres Street.

Council Member Talmage asked for friendly amendment to the motion to include a decibel test and Councilmember Theis amended her motion to include that the same approach used to measure the residential areas surrounding Forest Theater be used to measure the decibel level for movie performances at Vista Lobos Parking Lot and the Mayor agreed to the amendment.



Council Member Dallas asked for the motion to be amended to limit the number of movies to no more than 20 movies and Council Member Theis and Mayor Burnett amended the motion to include a maximum of 20 movies.

The motion passed by the following vote:

AYES: 4 NOES: 1 ABSENT: 0

COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS:

Beach, Talmage, Theis, Burnett Dallas None

M. Consideration of a Resolution to Enable Votes to Determine a Tax Question for Monterey-Salinas Transit Funding.

Action: Adopted Resolution 2014-42

VIII. ORDERS OF COUNCIL

A. Consideration of a Resolution Authorizing the City Administrator to Execute a Franchise Agreement between the City of Carmel-by-the-Sea and Green Waste Recovery for Solid Waste, Recycling and Organics Collection Services for the term of July 1, 2015- June 30, 2030. Action: Discussed; Direction given; Continued for future discussion

City Administrator Stilwell introduced the item and Rob Hilton, from HF&H Consultants presented an overview of the process, services included, input received, and rate comparisons. He stressed that all7 agencies are seeking approval.

In response to Council questions City Attorney Freeman stated he has reviewed the lengthy franchise document in its entirety.

Council Member Talmage stated the City started out with a much higher percentage increase and now that this is much lower suggested Council add back some services. Council discussed tipping fees, Consumer Price Index (CPI) increases, cost basis adjustments, fuel index, and how fees are calculated .

Mayor Burnett opened public comment on the presentation at 6:18p.m.

Felipe Melcher from Waste Management asked is it true a 10-year contract does not work and what would happen if all partners do not approve the franchise. Seeing no more requests to speak, Mayor Burnett closed public comment at 6:19 p.m.

Council discussed the financial advantages for a 15-year contract and that all cities are currently looking at a 15-year contract. Rich Cristina, President of GreenWaste Recovery described the bonding process and why a single bond and 15-year term



are more cost effective than multiple bonds and a shorter term. Emily Hanson,

GreenWaste, detailed depreciation and residual value. Rob Hilton emphasized that the reason the increase is much lower is due to the 15-year term. He clarified that

when comparing costs for cities as in the presentation it is not a straight comparison, citing for example that the City of Monterey does not have back yard service and it has its own recycling center and thus comparing Carmel and Monterey is not comparing the same services.

Mayor Burnet opened public at 7:25p.m . Barbara Livingston thanked Council for not

rushing a decision tonight and asked what she is currently paying now. Felipe

Melcher asked how long trucks can operate. Sue McCloud asked how this franchise relates to a mandate to be 75% recyclable by 2020. Joe Cadelago, a Waste Management representative, read a letter into the record about the franchise negotiation process and asked Council to stay with Waste Management. Mayor

Burnett closed public comment at 7:30p.m.

At 7:49 p.m. Council recessed for a short break and Mayor Burnett called the meeting back to order at 8:17 p.m. where all Council Members were present.

Rob Hilton responded to public comments questions and Mayor Burnett stated Waste Management did have an opportunity to compete for this franchise. Council

discussed provisions should the contract be terminated .

Council Member Talmage and Vice Mayor Beach asked to allocate time for Council to discuss which services were taken out and which Council may want to put back

into the franchise. Council discussed what percentage increase would be acceptable.

Council discussed the use of CPI and Rob Hilton stated he could use the West Region

Index and the disadvantages of using it .

Mayor Burnett took a short recess from discussing this item to provide Council and the public with an elections update.

Council Member Talmage moved that Rob Hilton from HF&HR bring back a revised contract to Council which includes a 15-year term, includes an increase in the Beach Attendant from .6 to 1.0, includes 10% to 13% percentage increase in the franchise fee and an equal number of reviews on each side, 3 cost based adjustments for the City and 3 cost based adjustments for GreenWaste Recovery, and explores the concept of a cap on CPI, and specifically explores modifying the Consumer Price Index used . The motion was seconded by Council Member Dallas.

Vice Mayor Beached asked the motion be amended to add that the City has flexibility in regards to staffing of the 1.0 FTE position and Council Members Talmage and Dallas agreed to the amendment.



Council Member Dallas asked for an amendment to include performance standards and liquidated damages in Exhibit F for back and side yard services and Council Member Talmage agreed to the amendment.

The motion passed by the following roll call vote: AYES: 5 COUNCIL MEMBERS: Beach, Dallas, Theis, Talmage, Burnett NOES: 0 COUNCIL MEMBERS: None ABSENT: 0

0 COUNCIL MEMBERS: None

None ABSTAIN: COUNCIL MEMBERS

VIII . ORDERS OF COUNCIL- CONTINUED

B. Receive and adopt recommendations from the Community Activities and Cultural

Commission regarding streamlining the permit process for Thursday events in

Devendorf Park. Action: Adopted Resolution 2014-43

At 10:18 p.m. Library Director Bombard presented a brief agenda report. Mayor Burnett opened public comment at 10:22 p.m. and seeing no requests to speak

closed public comment

Council Member Dallas moved, and Council Member Talmage seconded the motion, that

Council adopt recommendations regarding streamlining the permit process for Thursday events

in Devendorf Park and the motion passed unanimously adopting Resolution 2014-43 :

AYES: NOES: ABSENT:

ABSTAIN:

5 0 0

0

COUNCIL MEMBERS:

COUNCIL MEMBERS: COUNCIL MEMBERS:

COUNCIL MEMBERS

Beach, Dallas, Theis, Talmage, Burnett

None None None

C. Receive Report and Provide Direction on Fire True-Up Analysis. Action: Pulled; No action taken

D. Adopt a Resolution Amending City Council Policy C12-02, Event Fee Waivers. Action: Direction given

Library Director Bombard presented the agenda report stating the actual request is

for Council to consider a resolution authorizing certain fiscal and time limits in

respect to the fee waivers, but that tonight she is only seeking direction.

At 10:33 p.m. Mayor Burnett opened public comment . Barbara Livingston, spoke in

support of a cap. Mayor Burnett closed public comment at 10:34 p.m .



Council discussed the merits of a cap, guidelines, and how to ensure where proceeds

go locally. City Attorney Freeman noted that staff decisions can be appealed to

Council. Mayor Burnett suggested use of CA&CAC as much as possible.

IX. FUTURE AGENDA ITEMS

A. Council Agenda Forecast - Received

Mayor Burnett asked for a calendar out of all workshops for the rest of the year. In

regards to this Vice Mayor Beach asked that names used for City meeting types be

consistent for the benefit of the public.

Council Member Theis asked about the guidelines for the Farmers Market and Council Member Talmage suggested use of an ad hoc committee for that work.

Council Member Talmage asked with the number of visitors in town and on the beach how is the City keeping the beach clean for the next 120 days.

Mayor Burnett opened public comment and seeing no requests to speak closed public comment.

Council Member Dallas asked for the GreenWaste item to come back in July or at least not on the budget meeting agenda.

IX. RECONVENE TO CLOSED SESSION (IF NECESSARY}: N/A

X. ADJOURNMENT

Mayor Burnett adjourned the meeting at 10:50 p.m .

Respectfully submitted, ATTEST:

Catherine A. Raynor, City Clerk Jason Burnett, Mayor


city council minutes june 3, 2014 07-01-14

Documents