Agenda Item: 7.

A


MINUTES
REGULAR CITY COUNCIL MEETING
Tuesday, August 5, 2014


CALL TO ORDER:
The City Council of the City of Carmel-by-the-Sea met this date in a regular
session at 4:05 p.m. City Council Chambers, with Mayor Burnett presiding.

1. ROLL CALL
Present:
Mayor Burnett
Mayor Pro Tem Beach
Council Member Dallas
Council Member Talmage
Council Member Theis

Staff Present:
Jason Stilwell, City Administrator
Don Freeman, City Attorney
Lori Frontella, Interim City Clerk
Mike Calhoun, Public Safety Director
Susan Paul, Administrative Services Director
Rob Mullane, Community Planning & Building Services Director
Janet Bombard, Library Director
Sharon Friedrichsen, Director Public Services


2. PLEDGE OF ALLEGIANCE

Michael Doyle led the community in the Pledge of Allegiance.

3. EXTRAORDINARY BUSINESS

Item 3.A: Community Recognition: Community Service Groups; 4
th
of July
Mayor Burnett and Mayor Pro Tem Beach presented Recognition Certificates to
Community Groups that were involved with the organization of the 4
th
of July
celebration.

Item 3.B: Employee Recognition: Cleve Waters and Chilone Payton, 4
th
of
July
City Council Agenda Sept 9, 2014
Page 10
Agenda Item: 7.A
City Administrator Stilwell introduced Cleve Waters and Chilone Payton; and
commended them for their contributions to the 4
th
of July event.

4. ANNOUNCEMENTS FROM CLOSED SESSION, FROM CITY COUNCIL
MEMBERS AND THE CITY ADMINISTRATOR

Item 4.A: Announcements from Closed Session
Don Freeman, City Attorney announced that City Council met in
closed session pursuant to Government Code 54957 regarding
public employee performance reviews regarding the City
Administrator and City Attorney. Conference with Legal Counsel
regarding Existing Litigation Government Code Section 54956.9,
Cases of John Hanson and Steve McInchak; Conference with Legal
Counsel regarding Anticipated Litigation Government Code Section
54956.9: 4 cases.
City Attorney Freeman announced that the McInchak case has
been transferred to Federal Court in San Jose. No other reportable
action was noted.
Mayor Burnett by unanimous decision of Council, read into the
record a statement of a semi-annual performance review for the
City Administrator and City Attorney which the Council has adopted
and is on file with the City Clerk.
Item 4.B: Announcements from City Council members (Council members
may ask a question for clarification, make an announcement or
report on his or her activities)
Council Member Theis announced she attended one Adhoc and
one Workshop regarding the Farmers Market. Items of interest,
location of the market, currently the market is on Thursdays at
Devendorf Park from 8:30 a.m. to 12:30 p.m. Next step is to take a
look at current guidelines that have been voted on by the City
Council and what recommended changes might be made to those
guidelines; and reviewing how restaurants might be interested in
participating.
Mayor Burnett introduced Michael Doyle, Jr. Scout Troop 127, who
gave a brief description of the work being proposed for the Carmel
Scout House.
Item 4.C: Announcements from City Administrator
a. Summary of Workshop- Joint meeting with Carmel
Wastewater District Board.
b. Forecast Agenda
City Council Agenda Sept 9, 2014
Page 11
Agenda Item: 7.A
c. Vacancy to Forest & Beach Commission due August 14,
noon

City Administrator Stilwell gave a brief description of the above listed items.

5. PUBLIC APPEARANCES

Mayor Burnett asked for public comments not listed on the agenda, the following
citizens spoke:

Carolina Bayne provided a petition to the City Council for their consideration to
the policies and practices being created and implemented within the City.

Resident spoke regarding the transparency of government and shared his
concerns with Council.

Vincenzo DAmico spoke regarding the human potential of Carmel.

Katie Hanson spoke of her father John Hansons service with the City of Carmel.

Dale Hekhuis spoke regarding questionable decisions that the City has made
regarding the dollars spent in the matter of McInchak; Hiring of outside law firms
and the construction of the restrooms.

Elaine Algarette noted that the City appears to be running efficient.

George Brehmer spoke regarding a waste of public funds and how those funds
are being spent.

Mike Rianda spoke about a water leak at his residence that has been
outstanding for 92 days.

Ronald Kabat distributed information regarding Public Records Act that he
submitted in 2012 regarding Pension Side Fund and requested questions be
answered.

Ms. Kennedy noted she appreciates Council and respects the way Council
conducts its business.

Chris Mack spoke regarding the cost and the bidding of the restrooms at the
beach.

Resident addressed Council regarding his letter in the Pine Cone about how the
City treats people, lack of transparency, and how action is needed.

Dick Styles read into the record a unanimous statement from the Carmel
Residents Association noting they are prepared to assist in any way to facilitate
better communications.

City Council Agenda Sept 9, 2014
Page 12
Agenda Item: 7.A
Lynette Zimmerman spoke about the difficulties of personnel issues within the
City. She feels there may be a lack of mis-understanding of Human Resources
policies and procedures with residents.

Les Albiol spoke regarding the Flanders property and submitted a proposal to
negotiate terms to make Flanders a benchmark of public-private partnership for
Carmel with a curatorship.

Mayor Burnett closed the public comments at 6:12 p.m.

City Administrator Stilwell mentioned the water leak situation and will be working
with the CalAm Water to return to City Council.


6. CONSENT CALENDAR
All items on the Consent Calendar are to be acted upon by a single action of the
City Council unless otherwise requested by an individual Council Member or
public for special consideration. Otherwise the recommendation of staff will be
accepted and acted upon by Roll Call vote.

Item 6.A: Ratify the Minutes for the Special Meeting of June 30, 2014.
Action: Approved by voice vote to Consent Calendar

Item 6.B: Ratify the Minutes of the Regular Meeting of July 1, 2014.
Action: Approved by voice vote to Consent Calendar

Item 6.C: Ratify Bills Paid for the Period of June 1 - June 30, 2014.
Action: Approved by voice vote to Consent Calendar

Item 6.D: Receive Monthly Police, Fire, and Ambulance Reports.
Action: Approved by voice vote to Consent Calendar
Item 6.E: Receive Monthly Code Compliance Report.
Action: Approved by voice vote to Consent Calendar

Item 6.F: Receive Public Record Act and Media Request Logs.
Action: Approved by voice vote to Consent Calendar

Item 6.G: Receive Quarterly Performance Report.
Action: Approved by voice vote to Consent Calendar

Item 6.H: Consideration of a Resolution Authorizing the City Administrator and
the Director of Public Safety to Sign an Agreement with the County of
City Council Agenda Sept 9, 2014
Page 13
Agenda Item: 7.A
Monterey for the continued Use of the Animal Services Center for the
Period from July 1, 2014 through June 30, 2017.
Action: Approved Resolution 2014-053 by voice vote to Consent
Calendar

Item 6.I: Consideration of a Resolution Authorizing the City Administrator to
Execute an Agreement for the Purchase of Two Police Vehicles and
One Parking Scooter as adopted in the FY 2014/15 Budget.
Action: Approved Resolution 2014-054 by voice vote to Consent
Calendar

Item 6.J: Consideration of a Resolution Confirming the Citys Appointments to
Local Agencies: Association of Monterey Bay Area Governments, Fort
Ord Reuse Authority, Monterey Peninsula Regional Water Authority,
Monterey-Salinas Transit, Transportation Agency of Monterey County,
and others as determined.
Action: Approved Resolution 2014-055 by voice vote to Consent
Calendar

Item 6.K: Consideration of a Resolution Approving a Street Closure and One of
the Citys Sunset Center Free-Use Days for the 2014 Carmel
International Film Festival.
Action: Approved Resolution 2014-056 by voice vote to Consent
Calendar

Item 6.L: Consideration of a Resolution Authorizing the City Administrator to
Amend the existing Professional Services Consulting Contract with
Burghardt+Dore for Destination Marketing Services for six (6) months
in an Amount Not to Exceed $66,688.
Action: Approved Resolution 2014-057 by voice vote to Consent
Calendar
Item 6.M: Consideration Adopting Resolution Approving a Cooperative
Purchasing Agreement for a Grid Pruning Project and Award the
Contract for the Project to West Coast Arborists, Inc., and not to
exceed the Amount of $50,000.
Action: Approved Resolution 2014-058 by voice vote to Consent
Calendar
Item 6.N: Consideration of a Resolution Adopting the Citys California Public
Records Act response Policy.
Action: Approved Resolution 2014-059 by voice vote to Consent
Calendar
City Council Agenda Sept 9, 2014
Page 14
Agenda Item: 7.A
MOTION: Motion by Council Member Talmage, seconded by Council
Member Theis to approve the Consent Calendar as presented.
Passed 5/0
AYES: 5 Council Members: Talmage, Theis, Beach, Dallas,
Burnett
NOES: 0 Council Members:
Mayor Pro Tem Beach requested Council review all City Policies in
the near future.
7. ORDERS OF COUNCIL

Item 7.A: Authorize the City Administrator to Enter into a Professional Services
Agreement with Cody Anderson Wasney Architects for Design
Services for the Forest Theater Renovation Project in an Amount not
to exceed $114,530.

Director of Public Services, Sharon Friedrichsen gave the staff report.
Mayor Burnett asked for public comments, the following citizens
spoke:
Chris Wasney with Cody Anderson Wasney Architects spoke
regarding this project.
Stephen Moore was happy to see this project move forward.
MOTION: Motion by Mayor Pro Tem Beach, seconded by Council Member
Dallas to Authorize the City Administrator to enter into a
Professional Services Agreement with Cody Anderson Wasney
Architects for Design Services for the Forest Theater Renovation
Project in the amount not to exceed $114,530.
AYES: 5 Council Members: Beach, Dallas, Talmage, Theis,
Burnett
NOES: 0 Council Members:
Mayor Burnett called for a recess at 6:50 p.m. and reconvened the
meeting at 7:16 p.m. all Council Members in attendance.

Item 7.B: Receive an Update on Beach Fire Management Strategies, Consider
Adopting Guiding Principles Recommended by the Forest and Beach
Commission Related to Beach Fires and Direct the Forest and Beach
Commission to Work on a Beach Fire Management Implementation
Plan Based on the Adopted Principles.
Director of Public Services, Sharon Friedrichsen gave the staff report.

City Council Agenda Sept 9, 2014
Page 15
Agenda Item: 7.A
Mayor Burnett asked for public comments, the following citizens
spoke:

Roberta Miller was pleased with the plan and asked that it move
forward.

Monta Potter with Chamber Of Commerce reported on the TOT
(Transit Occupancy Tax) and noted numerous people enjoy the fire
pits.

Lynette Zimmerman cautioned to not move fast and to think through
the process.

Mayor Burnett closed public comments and asked for Council
comments.

Motions by Council Member Talmage, seconded by Mayor Pro
Tem Beach to adopt Guiding Principles (1. No fires built directly
in the sand 2). Limit the number of fires) recommended by the
Forest and Beach Commission related to Beach Fires and Direct
the Forest and Beach Commission to work on a Beach Fire
Management Implementation Plan based on the Adopted
Principles.
AYES: 5 Council Members: Talmage, Beach, Dallas, Theis,
Burnett
NOES: 0 Council Members:
Item 7.C Receive an Update on the Investigation of the March 2014 House
Explosion and Consider Authorizing PG&E to continue work on Gas
Safety Project.

Mayor Burnett asked the representative of PG&E to speak on their
behalf. A lengthy discussion ensued between Council and the PG&E
representative.

Motion by Council Member Talmage , seconded by Mayor Pro
Tem Beach that the City specifically request a written
commitment from both PG&E and the Safety Enforcement
Division of the CPUC that will certify all emergency leak
protocols, all gas line work and any further tapping operations
will be carefully monitored, revised protocols be followed and a
statement issued certifying that the pipe replacement work
including tapping operations and leak stoppage protocols are
safe and in addition incorporate that into the Franchise
Agreement, provide a revised matrix and direct staff to pursue an
order instituting an investigation at the appropriate time.

AYES: 5 Council Members: Talmage, Beach, Dallas, Theis,
Burnett
City Council Agenda Sept 9, 2014
Page 16
Agenda Item: 7.A
NOES: 0 Council Members:
8. FUTURE AGENDA ITEMS

Item 8.A: Agenda Forecast and Workshop Dates
City Administrator Stilwell noted staff will bring back to Council at a
future date the review of the Citys Policy Manual.
9. RECONVENE TO CLOSED SESSION (IF NECESSARY)


10. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at
9:35 p.m.


APPROVED: ATTEST:


___________________________ ________________________
Jason Burnett, Mayor Lori Frontella, MMC
Interim City Clerk






















City Council Agenda Sept 9, 2014
Page 17