MINUTES
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 10, 2013
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
September 10, 2013
II. PRESENT: Council Members Beach, Hillyard, Talmage, Theis and Mayor Burnett
ABSENT: None
STAFF PRESENT: Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Gaudenz Panholzer- Fire Chief
Sharon Friedrichsen, Director of Public Services
Susan Paul, Administrative Services Director
Rob Mullane, Community Planning & Building Director
Marc Wiener, Interim Senior Planner
V. ANNOUNCEMENTS FROM CLOSED SESSION, FROM COUNCIL MEMBERS AND THE CITY ADMJNISTRATOR
A. Announcements from Closed Session.
1. Public Employee Performance Evaluation- Government Code Section 54957.
Title of Position: City Engineer.
2. Property Negotiations - Government Code Section 54956.8, Property strategy negotiations regarding the lease of Flanders Mansion (APN 01 0-061-005).
3. Potential Litigation- Government Code Section 54956.9(b).2- Conference with legal counsel regarding potential litigation - one (1) matter.
4. 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.
City Attorney Don Freeman provided the closed session report indicating that the City Council had met in closed session to address four items as follows: on item 1, regarding the public employee performance evaluation of the City Engineer, there is no public announcement; on item 2, regarding the labor negotiations, there is no public announcement; on item 3, relative to the item of potential litigation, one item was discussed and there is no public announcement; finally on item 4, regarding the property negotiations of the Flanders Mansion lease, the City continues to negotiate potential a potential lease and at the same time, the City continues its marketing efforts attempting to attract a lessee to the property as well.
Mayor Burnett stated that he had recused himself from the closed session discussion on the Flanders Mansion lease item because of a personal relationship with a potential party who had submitted an application to lease the property.
C. Announcements from City Administrator.
1. Introduction of Community Planning & Building Director.
City Administrator Stilwell introduced Rob Mullane and stated that on October 17, 2017 in the foyer of the Sunset Center, the City will host a reception to introduce all five Department Directors and inform the community about the role and functions of each department in the City's organizational chart.
2. Introduction of Fire Chief
City Administrator Stilwell, along with Chief Calhoun, introduced Fire Chief Panholzer who talked about his commitment to serve the community.
3. Summary Report from Monday's Workshop
City Administrator Stilwell introduced Administrative Services Director, Susan Paul. Administrative Services Director Paul provided the report highlighting the key components of the plan, which include improvements to the IT infrastructure; stated that the plan has 16 strategic goals and 23 key initiatives that over time will be translated into projects; that as part of the public outreach input will be solicited via three workshops which will be held on September 24 at 5:30 p.m. and again on September 25 at 11:30 a.m. and again at 2 p.m., in the council chambers.
2. Introduction of Fire Chief
City Administrator Stilwell, along with Chief Calhoun, introduced Fire Chief Panholzer who talked about his commitment to serve the community.
3. Summary Report from Monday's Workshop
City Administrator Stilwell introduced Administrative Services Director, Susan Paul. Administrative Services Director Paul provided the report highlighting the key components of the plan, which include improvements to the IT infrastructure; stated that the plan has 16 strategic goals and 23 key initiatives that over time will be translated into projects; that as part of the public outreach input will be solicited via three workshops which will be held on September 24 at 5:30 p.m. and again on September 25 at 11:30 a.m. and again at 2 p.m., in the council chambers.
4. 4th Quarter Financial Report
City Administrator Stilwell provided the 4111 Quarter Financial update.
5. Update on 2013 Key Initiatives
City Administrator Stilwell presented an update on the 2013 key initiatives.
VII. CONSENT CALENDAR
J. Consideration of a Resolution awarding a construction contract to Don Chapin Company, the lowest responsible bidder, for the 2013 Street Projects for a not to exceed amount of $443,860 and approval of $66,579 for project contingency, engineering and other related projects costs.
K. Consideration of a Resolution awarding a construction contract to Monterey Peninsula Engineering, Inc., the lowest responsible bidder, for the Santa Fe and Fourth Storm Drain Relocation Project for a not to exceed amount of $324,030 and approval of an amount not to exceed of $48,605 for project contingency, engineering and other related projects costs.
N. Consideration of a Resolution adopting the Memoranda of Understandings (MOUs) between the City of Carmel-by-the-Sea General Employees Union- an affiliate of the Laborers' International Union of North America, United Public Employees of California, LIUNAIUPEC, Local 792, AFLCIO; and the City of Carmel-by-the-Sea Management Employees Union - an affiliate of the Laborers' International Union of North America, United Public Employees of California, LIUNAIUPEC, Local 792, AFL-CIO.
O. Consideration of a Resolution authorizing the City Administrator to amend existing contracts with Mark Alcock related to the City's ongoing information technology requirements and professional examiner services in an amount not to exceed $43,500 for contract ma-sec-ma-002-2013 and $60,000 for contract ma-examiner-003-2013.
Q. Receive the 4th Quarter City financial report.
Mayor Burnett inquired if council wished to pull any items. Council Member Beach had questions regarding the financial report, which City Administrator Stilwell answered. She offered additional comments regarding the Code Compliance log and Public Records and Media Request Log.
Council Member Talmage indicated he wished to pull items J, K, Land N for comment and/or discussion.
Councj] Member Talmage questioned the responsibility for the design of projects in items J and
K. On item N, he expressed his gratitude to the City's employees for going three years without a pay increase.
Council Member TALMAGE moved to approve consent items A, B, C, D, F, G, I, M, N, O, P, Q and R. Seconded by Council Member THEIS. Motion carried unanimously.
VII.(J) (K) Consideration of a Resolution awarding a construction contract to Don Chapin Company, the lowest responsible bidder, for the 2013 Streets Project and Consideration of a Resolution awarding a construction contract to Monterey Peninsula Engineering, Inc., the lowest responsible bidder, for the Santa Fe and Fomih Storm Drain Project.
Council Member Talmage requested that someone on staff be responsible for the aesthetics of the final product.
Mayor Burnett opened the meeting to public comment at: 5:18p.m.
Barbara Livingston and Karen Ferlito addressed Council.
Shennan Low, City Engineer addressed Council and public questions.
Mayor Burnett, seeing no additional comments, closed the public comment at: 5:21p.m.
Council Member TALMAGE moved to approve items J and K subject to the four criteria Mayor Burnett described. Motion seconded by Council Member BEACH.
Council Member HILLYARD then offered a substitute motion to approve items J and K as presented. Motion seconded by Council Member THEIS.
Council Member Beach amended Council Member Hillyard's substitute motion to approve contracts as stated with the reguest that the City Administrator and the rest of the applicable staff take a look at the projects from a design guideline standpoint and make any necessary change orders. Council Member Hillyard accepted the amendment.
For the record the motion was clarified as:
Council Member HILLYARD offered a substitute motion to approve items J and K incorporating the stated amendment. Motion seconded by Council Member THEIS.
Mayor Burnett further clarified motion as: motion to approve both of these items and both of these resolutions; and to provide direction to staff on the four elements identified earlier. Motion carried unanimously.
VIII. ORDERS OF COUNCIL
B. Consideration of an appeal of the Planning Commission's decision to deny an application for a plan revision (DS 12-111) to install a metal roof on a residence located at the SE comer of Ocean A venue and Carmela Street and Sixth Avenue in the Single-Family Residential (R-1) Zoning District. The applicant is Bill Hayward.
Marc Wiener, Senior Planner presented the staff report.
Chris Bouquet, Representative of Stoker and Allaire Construction Company, indicated that he was the designer and general contractor for the project and spoke about the proposal.
Bill Hayward, the appellant, addressed the Council.
Mayor Burnett opened the meeting to public comment at:7:40 p.m.
Adam Jeselnick, Jonathan Sapp, Roberta Miller, Barbara Livingston and Monta Potter all addressed Council.
Bill Hayward appellant spoke about the metal railing and made closing comments about the project.
Mayor Burnett, seeing no additional comments, closed the public comment at: 7:51p.m.
Rob Mullane, Community Planning and Building Services Director, asked the applicant to collect data on water capture from fog and dew.
Mr. Mullane suggested that it be best to have separate motions to approve the two items, one the zinc roof and the other, the metal railing issue.
Council Member BEACH moved to approve the zinc roof and not the metal railing. Motion seconded by Council Member HILLYARD. Motion carried by the following roll call vote:
Mayor Burnett opened the meeting to public comment at:7:40 p.m.
Adam Jeselnick, Jonathan Sapp, Roberta Miller, Barbara Livingston and Monta Potter all addressed Council.
Bill Hayward appellant spoke about the metal railing and made closing comments about the project.
Mayor Burnett, seeing no additional comments, closed the public comment at: 7:51p.m.
Rob Mullane, Community Planning and Building Services Director, asked the applicant to collect data on water capture from fog and dew.
Mr. Mullane suggested that it be best to have separate motions to approve the two items, one the zinc roof and the other, the metal railing issue.
Council Member BEACH moved to approve the zinc roof and not the metal railing. Motion seconded by Council Member HILLYARD. Motion carried by the following roll call vote:
Council Member Talmage introduced an amendment in the form of an extra condition of approval that the applicant is to collect information on water harvesting statistics and provide that information to the City.
AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Council recessed at 8:03p.m., and reconvened at 8:18p.m.
Mayor Burnett thanked the employee groups for their cooperation in working with the city in negotiating the MOU' s.
D. Received an update on Carmel's Water Conservation Work Plan
Marc Wiener, Interim Senior Planner, presented the staff report.
AYES: COUNCIL MEMBERS: BEACH, HILLYARD, TALMAGE, THEIS AND BURNETT
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
Council recessed at 8:03p.m., and reconvened at 8:18p.m.
Mayor Burnett thanked the employee groups for their cooperation in working with the city in negotiating the MOU' s.
D. Received an update on Carmel's Water Conservation Work Plan
Marc Wiener, Interim Senior Planner, presented the staff report.
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