July 1, 2014 Council Meeting Packet Page 53

I. CALL TO ORDER

MINUTES

SPECIAL CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

June 17, 2014

Mayor Burnett called the special meeting of the City Council of the City of Carmel-by-the Sea, California to order at 4:30p.m.

II. ROLL CALL:

Present:

Staff Present:

Council Members Dallas, Talmage, Theis; Vice Mayor Beach; Mayor Burnett

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

Ill. PLEDGE OF ALLEGIANCE

Mayor Burnet led the Pledge of Allegiance.

IV. PUBLIC APPEARANCES

Mayor Burnett opened public comment on items not on the agenda at 4:01p.m. and seeing no requests to speak closed public comment.

IV. 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; Adopted Resolution 2014-047

City Administrator Stilwell introduced the item, stating this franchise is a key initiative for the City and that this is the eighth meeting on the franchise. As background, he noted Council provided direction at the last meeting to staff and its negotiator. Public Services Director Friedrichsen provided a list of six Council directions from the June 3rd meeting and discussed how those items were

negotiated and provided staff recommendations.

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Vice Mayor Beach asked how contradictory terms in the agreement and its exhibits are addressed and Rob Hilton, from HF&H and the City's negotiator, provided an explanation noting which documents have precedence and legal weight.

At 4:37p.m. Mayor Burnett opened public comment. Sue McCloud asked about the process for flattening cardboard boxes in commercial districts. Seeing no more requests to speak Mayor Burnett closed public comment at 4:39p.m.

City Attorney Freeman stated it is a responsibility of business owners to flatten boxes and it is not a responsibility of the waste services provider. In response to Mayor Burnett's questions, Rob Hilton stated all 3 services for residential customers are done on the same day. For commercial customers, he noted that service is on an as needed basis. In response to Council questions City Administrator Stilwell indicated that the franchise negotiation process is at the end of its process.

Council directions from June 10, 2014

1. Increase the staffing level for the Beach and Village Superintendant from 0.6 FTE to 1.0 FTE and provide for some flexibility in the staffing of that position

2. Increase the City's franchise fee from 10% to 13% 3. Modify the terms of the cost-based adjustments so that the city and contractor

could each request a cost adjustment up to th ree times during the agreement (rather than up to three times cumulatively

4. Modify the performance standards and liquidated damages in Exhibit F to clearly provide for a performance standard regarding back- and side-yard service

5. Explore the concept of a cap on the Consumer Price Index (CPI) adjustments 6. Explore modifying the CPI used (or applying only a percentage of the CPI)

Mayor Burnett went over the 6 Council direction items listed above to gain consensus. Council agreed on items 1 through 4 changing the language for cost based adjustments, requiring 3 cost based adjustments and removing the word "each." On number 6 Council expressed a preference for changing the Consumer Price Index (CPI) t o West Region.

Mayor Burnett recessed the meeting at 5:15 p.m. to allow Rob Hilton to review and respond to Council questions about the Employment Cost Index (ECI) and related cap concept. Mayor Burnett reconvened the meeting at 5:23 p.m. where all meiT)bers were present.

Rob Hilton stated adjustments are calculated weighting 17% for ECI and 79% for CPl. Council Talmage stated that based on that information he sees no need for a cap on CPl.

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Council Member Talmage moved, and it was seconded by Council Member Dallas, to approve staff's recommendation, changing the CPI index to West Region, eliminating the cap on CPI, eliminating on number 3 the word "each" and replacing it with "either," and adopting Resolution 2014-047. The motion passed by the following roll call vote:

AYES:

NOES:

ABSENT: ABSTAIN:

5 0 0 0

COUNCIL MEMBERS: COUNCIL MEMBERS:

COUNCIL MEMBERS:

COUNCIL MEMBERS

Beach, Dallas, Theis, Talmage, Burnett

None None

None

Mayor Burnett thanked all involved in this process and welcomed GreenWaste Recovery to the City as its new franchise partner.

VIII. ADJOURNMENT

Mayor Burnett adjourned the meeting at 5:30p.m.

Respectfully submitted, ATTEST:

Catherine A. Raynor, City Clerk Jason Burnett, Mayor

June 17, 2014 Special Meeting Minutes

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