MINUTES for Twelve Noteworthy 6 August 2013 City Council Agenda Items

MINUTES

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

August 6, 2013

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

ABSENT: Mayor Burnett

STAFF PRESENT: Jason Stilwell, City Administrator

Heidi Burch, Asst. City Administrator/City Clerk
Mike Calhoun, Public Safety Director
Sharon Friedrichsen, Director of Public Services
Marc Wiener, Interim Senior Planner

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

A. Announcements from Closed Session.

1. Public Employee Performance Evaluation - Government Code Section 54957.

Title: City Engineer

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

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.

There were no announcements from Closed Session.

C. Announcements from City Administrator.

1. Community Planning & Building Director recruitment update

City Administrator Stilwell summarized the recruitment process for the Community Planning and Building Director providing specific detail relative to the elements of the recruiting steps. He stated that Rob Mullane had been chosen for the position and will be starting on August, 26, 2013.

The City Administrator also provided a brief recap regarding the PG&E workshop that took place on Monday, August 5, 2013.

D. Report from City Treasurer

City Treasurer Emery presented the report highlighting the following main points:

1) Role of the City Treasurer; 2) Goals of Investment Decisions; 3) Investment Policies; 4) Cash Flow Management; 5) Available Investments (LAIF & CD's); 6) Current Investment Environment; and 7) A Summary of the City's Financial Assets.

VII. CONSENT CALENDAR

F. Consideration of a Resolution authorizing the City of Carmel-by-the-Sea to enter into an automatic aid and mutual aid agreement with American Medical Response (AMR) to provide ambulance and emergency medical services outside each agency’s respective designated response areas.

K. Consideration of a Resolution authorizing the City Administrator to execute a Professional Services Agreement with Government Staffing Services, Inc., (MuniTemps) for City Clerk consulting services in an amount not to exceed $25,000.

M. Consideration of a Resolution authorizing the City Administrator to enter into a Mills-Act Contract with Roy and Kim Scheingart for the historic property located at the northeast corner of Carpenter Street and Fifth Avenue.

O. Consideration of a Resolution authorizing the City Administrator to amend an existing contract with Public Consulting Group (PCG) for services related to finalization of the City’s 2013 key initiatives; the development of the strategic information technology plan and interactive government projects and related information technology consulting services.

P. Adoption of a Resolution amending the City’s Position Classification and Salary Plan by adopting Job Descriptions and Salary Schedules/Ranges for the Finance Manager, the Deputy City Clerk, Human Resources Manager and Project Manager positions.

Q. Approve fee schedule and terms for work on Odello Water project.

City Administrator Stilwell indicated the description of the Deputy City Clerk was being pulled; and that the language for item VII (K) regarding the Professional Services Agreement with MuniTemps for City Clerk consulting services had been modified to include legal language that the City Attorney had recommended and which MuniTemps has incorporated into the agreement.

Vice Mayor Talmage asked if Council Members wished to pull any other items or if members of the audience wished to pull any items, seeing none, he entertained a motion to approve consent calendar items A-0 and Q-R.

Council Member Beach requested that in the future on item VII (D), if the information could be presented in a different format in terms of adding headings. City Administrator Stilwell indicated that the format will be changed.

She also stated that on item VII (J), she was not clear as to what the quantifiable measures of compliance are and was seeking feedback on these items; and on item VII (0) she wanted to know more about the extension of the agreement and its status.

Vice Mayor Talmage thanked Council Member Beach for agreeing to serve on the FORA Board as the City's representative; and that on item R, the signature block needs to be corrected.

Council Member BEACH moved to approve the Consent Calendar items A-0 and OR as presented with the exception of item VII (P). Motion seconded by Council Member HILLYARD and carried unanimously.

Vice Mayor Talmage opened and closed to public comment at 5:33p.m.

VII. (P) City Administrator Stilwell answered Council's questions.

Vice Mayor Talmage reopened the meeting to public comment on this item at 5:42 p.m.

Barbara Livingston addressed the City Council regarding the Project Manager position.

Vice Mayor Talmage seeing no additional speakers, closed the meeting to public comment at 5:47p.m.

Council Member HILLYARD moved to approve item VII (P) with the exception of the Deputy City Clerk job description, which is to come back to the City Council for approval. Motion seconded by Council Member BEACH and carried unanimously.

VIII. ORDERS OF COUNCIL

A. Received water settlement agreement update.

Vice Mayor Talmage provided a brief overview of the water settlement agreement.

Vice Mayor Talmage opened the meeting to public comment at 6:02p.m.

Barbara Livingston thanked those working on this issue for Carmel.

Erl Lagerholm also thanked the Council for the work on this item and thanked Vice Mayor Talmage for his report.

Vice Mayor Talmage seeing no additional speakers, closed the meeting to public comment at 6:03 p.m.

C. Considered a Resolution establishing land-use categories for water allocation and assigning water amount to each category.

March Wiener, Interim Senior Planner, presented the staff report.

Vice Mayor Talmage opened the meeting to public comment at 8:04 p.m.

Barbara Livingston addressed Council.

Vice Mayor Talmage seeing no additional speakers, closed the meeting to public comment at 8:07 p.m.

Council Member THEIS moved to approve a Resolution establishing land-use categories for water allocation and assigning water amounts to each category.

Motion seconded by Council Member BEACH and carried unanimously.

D. Considered a use permit application; water allocation Resolution; and certification of an initial study/negative declaration for the establishment of an event center at a site located in the Service Commercial (SC) District.

Vice Mayor Talmage and City Attorney Freeman both recused themselves from the discussion and left the dais because they live by and own property within 500 feet of subject property. Council Member Hillyard chaired the meeting for the duration of the public hearing.

Marc Wiener, Interim Senior Planner, presented staff report.

Marc Wiener, Senior Planner addressed Council questions and provided further clarification on the code and its requirements.

Fred Kern, the applicant representing the Event Center, answered Council's questions relative to the existing and original condition of the building.

Chair Pro Tern Hillyard opened the meeting to public comment at 8:40p.m.

Roberta Miller addressed Council.

Chair Pro Tem Hillyard seeing no additional speakers, closed the meeting to public comment at 8:49 p.m.

Council Member BEACH moved to adopt findings. Motion seconded by Council Member THEIS and carried unanimously.

Council Member Theis stated that we need to change whereas at top of 398 and #3 sufficient water for the project (approximately .551 acre feet).

Chair Pro Tern Hillyard opened the meeting to public comment at 9:00 p.m.

Fred Kern, the applicant for the project, addressed the City Council and answered additional questions.

Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to public comment at 9:02 p.m.

Council Member THEIS moved to approve changes to the "whereas" at the top of 398 and #3 of the conditions to read sufficient water for the project (approximately .551 acre feet).Motion seconded by Council Member BEACH and carried unanimously.

Fred Kern addressed the City Council's concerns.

In summary, on page 394 type #3, prohibit retail events lasting longer than one week #6. On # 7 applicant shall make a schedule of events available on-line and provide to the City upon request; and on #13 shall be minor in nature and maintain the architectural language and integrity of the building and shall require written approval. Chair Pro Tern Hillyard opened the meeting to public comment at 9:16p.m.

Mr. Kern applicant stated addressed additional Council's questions.

Chair Pro Tern Hillyard seeing no additional speakers, closed the meeting to public comment at 9:17p.m.

Council Member BEACH moved to adopt findings of fact with changes #5 and environmental findings and special conditions 3, 6, 7, 13 and 15 changes; and change #5 on page 392 to .551 acre feet. Motion seconded by Council Member THEIS and carried unanimously.