July 1, 2014 Council Meeting Packet Page 53

I. CALL TO ORDER
MINUTES
SPECIAL CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
June 17, 2014
Mayor Burnett called the special meeting of the City Council of the City of Carmel-by-the Sea,
California to order at 4:30p.m.
II. ROLL CALL:
Present:
Staff Present:
Council Members Dallas, Talmage, Theis; Vice Mayor Beach;
Mayor Burnett
Jason Stilwell, City Administrator
Don Freemen, City Attorney
Catherine Raynor, City Clerk
Sharon Friedrichsen, Public Services Director
Mike Calhoun, Public Safety Director
Ill. PLEDGE OF ALLEGIANCE
Mayor Burnet led the Pledge of Allegiance.
IV. PUBLIC APPEARANCES
Mayor Burnett opened public comment on items not on the agenda at 4:01p.m. and seeing no
requests to speak closed public comment .
IV. ORDERS OF COUNCIL
A. Consideration of a Resolution Authorizing the City Administrator to Execute a
Franchise Agreement between the City of Carmel-by-the-Sea and Green Waste
Recovery for Solid Waste, Recycling and Organics Collection Services for the term of
July 1, 2015- June 30, 2030.
Action: Discussed; Adopted Resolution 2014-047
City Administrator Stilwell introduced the item, stating this franchise is a key
initiative for the City and that this is the eighth meeting on the franchise. As
background, he noted Council provided direction at the last meeting to staff and its
negotiator. Public Services Director Friedrichsen provided a list of six Council
directions from the June 3rd meeting and discussed how those items were
negotiated and provided staff recommendations.
June 17, 2014 Special Meeting Minutes
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July 1, 2014 Council Meeting Packet Page 54
Vice Mayor Beach asked how contradictory terms in the agreement and its exhibits
are addressed and Rob Hilton, from HF&H and the City's negotiator, provided an
explanation noting which documents have precedence and legal weight.
At 4:37p.m. Mayor Burnett opened public comment. Sue McCloud asked about the
process for flattening cardboard boxes in commercial districts. Seeing no more
requests to speak Mayor Burnett closed public comment at 4:39p.m.
City Attorney Freeman stated it is a responsibility of business owners to flatten
boxes and it is not a responsibility of the waste services provider . In response to
Mayor Burnett's questions, Rob Hilton stated all 3 services for residential customers
are done on the same day. For commercial customers, he noted that service is on an
as needed basis. In response to Council questions City Administrator Stilwell
indicated that the franchise negotiation process is at the end of its process.
Council directions from June 10, 2014
1. Increase the staffing level for the Beach and Village Superintendant from 0.6 FTE
to 1.0 FTE and provide for some flexibility in the staffing of that position
2. Increase the City's franchise fee from 10% to 13%
3. Modify the terms of the cost-based adjustments so that the city and contractor
could each request a cost adjustment up to th ree times during the agreement
(rather than up to three times cumulatively
4. Modify the performance standards and liquidated damages in Exhibit F to clearly
provide for a performance standard regarding back- and side-yard service
5. Explore the concept of a cap on the Consumer Price Index (CPI) adjustments
6. Explore modifying the CPI used (or applying only a percentage of the CPI)
Mayor Burnett went over the 6 Council direction items listed above to gain
consensus. Council agreed on items 1 through 4 changing the language for cost
based adjustments, requiring 3 cost based adjustments and removing the word
"each." On number 6 Council expressed a preference for changing the Consumer
Price Index (CPI) t o West Region.
Mayor Burnett recessed the meeting at 5:15 p.m. to allow Rob Hilton to review and
respond to Council questions about the Employment Cost Index (ECI) and related
cap concept. Mayor Burnett reconvened the meeting at 5:23 p.m. where all
meiT)bers were present.
Rob Hilton stated adjustments are calculated weighting 17% for ECI and 79% for CPl.
Council Talmage stated that based on that information he sees no need for a cap on
CPl.
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Council Member Talmage moved, and it was seconded by Council Member Dallas, to approve
staff's recommendation, changing the CPI index to West Region, eliminating the cap on CPI,
eliminating on number 3 the word "each" and replacing it with "either," and adopting
Resolution 2014-047. The motion passed by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
5
0
0
0
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS
Beach, Dallas, Theis, Talmage, Burnett
None
None
None
Mayor Burnett thanked all involved in this process and welcomed GreenWaste Recovery to the City as
its new franchise partner.
VIII. ADJOURNMENT
Mayor Burnett adjourned the meeting at 5:30p.m.
Respectfully submitted, ATTEST:
Catherine A. Raynor, City Clerk Jason Burnett, Mayor
June 17, 2014 Special Meeting Minutes
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