‘MINUTES’ for Two Noteworthy 24 April 2012 Special City Council Agenda Items

“MINUTES”

SPECIAL CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

Tuesday, April 24, 2012

Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Beach, Hazdovac, Talmage and Mayor Burnett

ABSENT: None

STAFF PRESENT (partial list): Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Don Freeman, City Attorney

IV. Orders of Council

A. Consideration of the process to fill the vacancy on City Council.

Mayor Burnett stated the requirements to fill a vacant seat within 60 days or a special election.  He stated his principles include having a “fair” and “transparent” process and a need for a unanimous decision by council.  And he stated a need to identify questions all applications are to address.

Assistant City Administrator/City Clerk Heidi Burch reviewed legal requirements regarding a vacant seat on the city council.  Staff solicited input from other cities, including appoint next highest vote getter, solicit applications from general public with interview process and ranking system for applicants or special election (November 2012).

Council Member Hazdovac clarified issues including 60 days from April 17 and at least  a 3-1 vote of council for appointment.

Council Member Talmage ruled out a special election and encouraged “lots of talented people” to apply.

Mayor Burnett opened the meeting to public comment.

Rod Stofle stated the City has concluded an electoral process with campaigning and encouraged council to give strong consideration to the candidate with the next highest votes.

Kathy Bang echoed the aforementioned comments regarding the third highest voter-getter and advocated for Tom Leverone.

Margaret Hurley advocated for the third highest vote getter, namely Tom Leverone. 

Linda Anderson advocated for Mayor Burnett’s position of an open, transparent process for everyone to apply. 

Roberta Miller advocated for an appointment process and interview process with questions regarding the General Plan and Municipal Code.

Erl Langerholm asked the council members if any members of the public have contacted council members expressing interest in the vacancy and suggesting an individual for the vacancy.

Ken Hutchinson, firefighter, advocated for the appointment of the third-highest vote getter. 

Jean Grace, former mayor, stated that due to the “huge disparity” with regard to the election vote results, she advocated an open process and interviews conducted in closed sessions for everyone to apply.

Alison Shelling advocated for a process open to everybody. 

Monte Miller stated individuals considered for appointment should know the Municipal Code, General Plan, Design Guidelines, issues and should have been active at city council meetings. 

Richard Rugel advocated for a full council as soon as possible and advocated for the next highest vote getter.  And he stated that it would be difficult to accept a closed appointment process. 

Tom Leverone advocated for the third place vote getter and/or an individual with qualifications. 

Mayor Burnett closed the meeting to public comment.

City Attorney Don Freeman reviewed Brown Act requirements regarding closed sessions and therefore interviews with applicants would have to be conducted at a public meeting. 

Assistant City Administrator/City Clerk Heidi Burch stated that the City has received two emails and one phone call expressing support for Tom Leverone.  Michael LePage, Kristy Downing and Rich Pepe contacted the City or a council member.  

Mayor Burnett reviewed issues of timeline, process, qualifications and questions for applicants. 

Council Member Hazdovac advocated for appointment of Tom Leverone. 

Council Member Beach advocated for an open and transparent process.

Council Member Talmage advocated for a process for everyone who wants to apply. 

Mayor Burnett stated his preference that everyone eligible could apply for the vacant position and not limit consideration to only individuals who ran for office in the April 2012 election.  The process could entail applicants having 10 days to submit an application to the City, all applications then made public and then at the next council meeting, the council members would have top applicants, receive public comment and deliberate on applicants.  And he advocated for an agenda item added to city council meeting on May 17 with the goal of having a full council prior to adopting budget. 

Council Member Hazdovac stated her preference for the formation of a council subcommittee (mayor and another council member) and conduct interviews privately and subcommittee recommend one applicant to fill vacancy.

Council Member Talmage recommended applicants would submit a cover letter and resume demonstrating knowledge of General Plan, Municipal Code, Design Guidelines, budget goals and objectives and past public office record and volunteer efforts. 

Mayor Burnett advocated for a process involving the full council, but Ad Hoc Subcommittee a possibility for “balance” purposes. 

City Attorney Freeman stated that based on his past experience that interviewing applicants at a public meeting is “absolutely not a problem.” 

Council Member Talmage advocated that a subcommittee of the mayor and another council member bring back one name or two names and a recommendation. 

By consensus, application consists of a cover letter and resume due in to the City by Monday, April 30, at 5:00 P.M.  Applications will be available to the public at City Hall.  Council Ad Hoc Subcommittee (Mayor Burnett and Vice Mayor Hazdovac) charged with reviewing applications and narrowing applicants’ selection.  And schedule meeting for the week of May 7 for the Subcommittee members to present top three individuals and recommendation.  

B. Receive Fiscal Year 2012-2013 proposed budget and operating plan.

City Administrator Stilwell stated the requirement to submit a proposed operating plan and capital budget for upcoming year and adopt budget by July 1, 2012.  Budget Hearings scheduled for May 17 and May 24 and if necessary June 12 and June 19.  2012/13 “Status Quo” budget is $13.37 million with 72 full time employees.  Presently, of 42 budget inquires, 37 answered.  For further inquires, individuals should submit questions by May 10 with answers expected by next budget meeting on May 17.  Four main purposes, namely “communication devise, policy document, financial plan and operations guide.”  Book comprised of seven sections, including Executive Summary, Statistical Profile, Summary Schedules, Department Detail, Capital Expenditures, Financial and Budget Policies and Glossary. 

Mayor Burnett announced there would be no time for public comment due to the need of a council member having to depart.  There are plans for regular council workshops, including the first workshop scheduled on Monday, April 30 from 5:30 P.M. – 6:30 P.M. at City Hall, on revenue and public comments. 

Council Member Talmage stated that the budget draws from reserves over $600,000, including $150,000 to balance operating budget and $480,000 to balance capital budget, and represents 10% of “free reserves.”