MINUTES for Seven Noteworthy 7 May 2013 City Council Agenda Items

MINUTES

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

May 7, 2013

II. PRESENT: Council Members Beach, Hillyard, Talmage, Theis & Mayor Burnett

ABSENT: None

STAFF PRESENT: Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Paul Tomasi, Police Commander

Janet Bombard, Library Director

Sharon Friedrichsen, Director of Public Services

Sue Paul, Administrative Services Director

Marc Wiener, Interim Senior Planner

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

A. Announcements from Closed Session.

1. Public Employment - Government Code Section 54957(b)(1) – Title: City Treasurer

2. Public Employment - Government Code Section 54957(b)(1) – Title: City Attorney

3. Potential Litigation - Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – one (1) matter.

4. Existing Litigation - Government Code Section 54956.9(a) - Conference with legal counsel regarding Jacqueline C. Simonelli v. City of Carmel-by-the-Sea, Respondents – United States District Court Case No. C 13-1250 LB.

5. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, City Administrator Stilwell, to give direction regarding terms and conditions of employment for all represented and unrepresented employees.

6. Property Negotiations – Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 010-061-005).

7. Property Negotiations – Government Code Section 54956.8, Real Property negotiations between City Administrator Jason Stilwell and Christine Sandin regarding the Sunset Cultural Center.

City Attorney Don Freeman indicated that there was one announcement from Closed Session: the applicant for the building permit at issue in Simonelli vs. the City of Carmel-by-the-Sea has assumed all responsibility for the litigation and the City would bear no costs.

Mayor Burnett noted that one of the proposals submitted for the lease of the Flanders property was submitted by applicants known to him. He indicated that he had recused himself and left the room during the Closed Session discussion by Council on May 6th.

C. Announcements from City Administrator.

1. Code Compliance update

City Administrator Stilwell gave the update.

2. Community Planning & Building Director recruitment update

The recruitment update was given by City Administrator Stilwell.

3. Presentation of FY 2011-12 Draft Audited Financial Statements

Joe Arch of JJACPA presented the Draft Audited Financial Statements.

4. Quarterly financial presentation

City Administrator Stilwell provided a brief presentation of the 3^rd Quarter.

5. Present proposed 2013/14 budget for the June budget hearings

City Administrator Stilwell presented the proposed budget and outlined the upcoming budget process.

VII. CONSENT CALENDAR

F. Consideration of a Resolution adopting compensation changes for the City of Carmel-by-the-Sea Ambulance Paramedic/Firefighter employees.

G. Receive FY 2011-12 Draft Audited Financial Statements by Joe Arch, CPA, JJACPA, Inc.

H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.

Council Member Theis pulled Item H.

Mayor Burnett opened and closed the meeting to public comment at 5:42 p.m.

Council Member TALMAGE moved to approve Consent Agenda Items A-G and I, seconded by Council Member BEACH and carried unanimously.

Item VII.H. Authorize the City Administrator to execute an agreement with Walker Parking Consultants to update the 2000 Walker study.

Clarification of issues surrounding Item H. was provided by Council Members Theis and Talmage to the public.

Mayor Burnett opened to the meeting to public comment at 5:53 p.m. for discussion of Item H.

Tom Wilson addressed the Council regarding delivery trucks.

The meeting was closed to public comment at 5:56 p.m.

Council Member HILLYARD moved to approve Consent Agenda Item H. with the modification of the contract to reflect the Council discussion seconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCIL

A. Update on water supply projects and California Public Utilities Commission (CPUC) process.

Mayor Burnett presented the update and opened the meeting to public comment at 6:40 p.m.

Monte Miller addressed Council.

The meeting was closed to public comment by Mayor Burnett at 6:41 p.m.

B. Approval of the annual Hospitality Improvement District (HID) report and annual Council review of the assessment.

Based on Council Member THEIS’ association with the Innkeeper’s Association, she recused herself and left the Council Chambers.

City Attorney, Don Freeman, outlined the process for the assessment review.

Monta Potter, CEO of the Carmel Chamber of Commerce, presented the annual HID report.

Mayor Burnett opened the meeting to public comment at 6:56 p.m.

Dave Spaur, Economic Development Director for the County of Monterey addressed Council.

The meeting was closed to public comment by Mayor Burnett at 6:57 p.m.

Council Member HILLYARD moved to receive the annual HID report, certify that no protest letters were received and approve the continuation of the assessment at the current rate, seconded by TALMAGE and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE & BURNETT

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: THEIS