CITY OF CARMEL.BY-THE-SEA
CITY COUNCIL
SPECIAL MEETING MINUTES
Monday, July 8,2024
CALL TO OROER AND ROLL CALL
Mayor Dave Potter called the meeting to order at 4:30 p.m.
Roll call: Councilmembers Jeff Baron, Alissandra Dramov, Karen Ferlito, Mayor Pro Tempore Bobby Richards, and Mayor Dave Potter.
ANNOUNCEMENTS
City Attorney made an announcement regarding public appearances
PUBLIC APPEARANCES
Nancy Twomey
Karyl Hall
CONSENT AGENDA
Councilmember Dramov requested to pull consent items 1A,5, and 6 for discussion Motion by Mayor Pro Tem Richards to approve consent agenda items'l-3, seconded by Councilmember Baron, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 1 - June 3, 2024, Special Meeting Minutes, May 7, and June 4, 2024, Regular Meeting Minutes
Item 2 - May 2024 Monthly Reports
Item 3 - May 2024 Check Register Summary
ITEMS PULLEO FROM CONSENT
Item 4 - Resolution 2024-O4g designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate al lhe 2024 Annual League of California Cities Conference
City Council Special Meeting Minutes - July 8, 2024
Councilmember Dramov made a request that when the Mayor and Mayor Pro Tem return from the League of Cities conferences they provide a report back to the rest of Council on the issues facing the state and any other legislative updates.
Public Comment: None
Motion by Councilmember Baron to adopt Resolution 2024-049 designating Mayor Dave Potter as the voting delegate and Mayor Pro Tem Bobby Richards as the alternative voting delegate at the 2024 Annual League of California Cities Conference, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 5 - Consideration of a pilot program for Saturday Farmers' Market July through October 2024, in addition to the market on Thursdays.
Councilmember Dramov requested that Council consider continuing this item to a future date for further consideration and public input.
Public Comment
Parker Logan
Todd Tyse
Jim Oaken
Raul Lopez
Kristi Reimers
Motion by Gouncilmember Dramov to continue this item to a date uncertain for more discussion and public input, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 6 - Resolution 2024-050 Adopting the Annual General Plan and Housing Element Progress Reports for 2023
Councilmember Dramov requested that in the future the Annual General Plan and Housing Element Progress reports not be placed on consent.
City Council Special Meeting Minutes - July 8, 2024
Public Comment: None
Item 7 - Resolutions 2024-051 and 2024-052, authorizing the City Administrator to execute Amendment No. 1to the Professional Services Agreement (PSA) with 4leaf, lnc., and Amendment No. 2 to the PSA with Ausonio, lnc., both for Project Management Sewices, for a fee increase of $150,000 and a not-to-exceed fee of $125,000 for Fiscal Year 2024125, respectively.
Environmental Programs Manager and Acting Public Works Director Mary Bilse presented the item to Council. She summarized the consultant selection process, prior council action, and the scope of work for both 4Leaf and Ausonio. She said that both consultants provide essential project management and consulting services to support specific city projects.
Public Comment
Parker Logan
Council discussion resumed. Councilmember Dramov expressed concern about excessive spending on consultants despite adding another pro.iect manager position. Mayor Pro Tem Richards and Councilmember Ferlito disagreed, noting that consultants are cost-effective as they provide project specific expertise, support city staff, and since they complete theirwork and leave the city avoids ongoing expenses such as employee benefits, insurance, and retirement.
Motion by councilmember Ferlito to approve Resolutions 2o24-O51 and 2024-052, seconded by Mayor Pro Tem Richards, and approved 4-1-0-0 by the following vote:
AYES: Councilmembers Baron, Ferlito, Richards, and Mayor Potter NOES: Councilmember Dramov
ABSENT: None
ABSTAIN: None
Item 8 - Resolution 2024-053 authorizing the City Administrator to execute a Construction Contract with California Constructors, in the amount, with a 15% contingency, of $'183,310 for the City Hall Roof Replacement Project
Motion by Councilmember Baron to adopt Resolution 2024-O5O Adopting the Annual General Plan and Housing Element Progress Reports tor 2O23, seconded by Councilmember Ferlito, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
ORDERS OF BUSINESS
City Council Special Meeting Minutes - Juty 8, 2024
Environmental Programs Manager and Acting Public works Director Mary Bilse presented the item to council, summarizing the project background, bidding process and results, and the 4- month timeline for project completion.
Motion by Councilmember Ferlito to approve Resolutions 2024-053, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 9 - Resolutions 2024-054 , 2024-055, and 2024-056, approving Change Orders ll4 and #5 for each of the City's On-Call Tree Service Contractors to balance spending in Fiscal Year 2023124, to allocate tree contracts for Fiscal Yeat 2024125, and to allocate funds for the City's On-Call Landscape Maintenance Services contract, respectively.
Administrative Analyst Tom Ford presented the item to Council and summarized the three Resolutions for approval, which include approval of change orders to on-call tree service contracts for fiscal year 24-25, and a change order for the on-call landscape maintenance services contract.
Ford emphasized the importance approving additional funds for these contracts to address stormrelated recovery, continue on-going tree maintenance, aiming for a 3-year catchup plan to remove dead and poor trees and replacement. He added that the landscaping contract supplements the city's capacity to maintain the landscape.
Public Comment
None
Item 10 - Resolution 2024-057 approving an agreement behveen the City of Carmel-by-the-Sea and Pacaso, lnc.
City Attorney Pierik presented the item to Council and summarized the proposed agreement between the City and Pacaso. He stated the proposed agreement terms are that the Dolores Public Comment:
None
Motion by Councilmember Ferlito, to adopt Resolutions 2024-054, 2024-055, and 2024-055, seconded by Councilmember Baron, and approved 5-0-0-0 by the following vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
City Councal Specaal Meeting Minutes - July 8, 2024
home be deemed legal non-conforming use, and that in return Pacaso agrees not to market, sell, or purchase any fractionalized ownership properties within the city, except for the Dolores Home.
Public Comment
Bill Caddell
Councilmember Baron expressed significant concerns about the agreement with Pacaso lnc., stating that the City's Ordinance on timeshares already provided sufficient protection against fractional ownership and would rather pursue litigation than approve the agreement.
Councilmember Dramov agreed that although the agreement is not ideal, she considers it a necessary step to prevent further fractional ownership issues in the city while acknowledging the challenges faced by affected neighbors.
Item 11 - Receive and review the Request for Proposals for Architectural Services for the Harrason Memorial Library provide staff with direction
Library and Community Activities Director Ashlee Wright presented the item to Council and answered questions. She summarized the background of the Library Master Plan, community engagement wo.kshops, and the request for proposals (RFP) development. she also spoke about the project scope and timeline and requested any input from Council on the RFP before moving foMard with issuance.
Public Comment.
John Krisher
Alexandra Fallon
Councilmember Baron requested clarity on the city's financial obligations once the RFP is issued.
He also suggested an agreement between the city and the Carmel Public Library Foundation (CPLF) to oufline funding and contingency obligations. Additionally, he said he would like to see the list of people on the RFP evaluation committee that includes city staff and local architects.
Councilmember Ferlito agreed, stating that addressing these questions before starting the proiect would help avoid confusion. Mayor Potter acknowledged the need to protect the city's interests and ensure good project management but expressed concerns about potential project delays.
Motion by Mayor Potter, to adopt Resolution 2024-057 approving an agreement between the City of Carmel-by-the-Sea and Pacaso, lnc., seconded by Mayor Pro Tem Richards, and approved 4-t-0-0 by the following vote:
AYES: Councilmembers Dramov, Ferlito, Richards, and Mayor Potter NOES: Councilmember Baron
ABSENT: None
ABSTAIN: None
City Council Special Meeting lvlinutes - July 8, 2024
Motion by Mayor Potter to have Library Director Wright return in August with a list of the Library Master Plan RFP evaluators, amend the RFP specifically in the criteria section calling out the necessity of a library consultant for the project, and an agreement between the City and CPLF outlining the project funding obligations for Council approval, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following roll call vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
ABSENT: None
ABSTAIN: None
Item 12 - Consider Resolution 2024-062, directing staff to begin working immediately on the development of alternative sites and programs that would allow for an amendment to the City's adopted 6th Cycle Housing Element to remove the Vista Lobos and Sunset Center from the Sites lnventory List.
Assistant City Administrator and Acting Community Planning and Building Director Brandon Swanson gave a presentation to Council on the item and answered questions from Council. He requested Council direction to allocate staff time and effort to explore and develop viable alternatives to produce 149 different affordable units from new sites or new or refined programs and receive confirmation that the city will not lose State certification of Housing Element if exploring or submitting an amendment.
Public Comment:
Hans Buder
Victoria Beach
Beth Bowman
Ken White
Dr. Noakes
Michael McWalters
Mayor pro Tem Richards and Councilmember Ferlito asked [vlr. Swanson contact HCD to clarify the process, time frame, and receive assurances that submitting an amendment will not decertify the existing housing element. Mayor Pro Tem Richards asked if it would be possible for staff to return with a rough draft of the possible amendment by September or October, with a final version ready for a Council vote by December.
Motion by councilmember Dramov, to adopt Resolution 2024-062, directing staff to begin exploring and developing viable alternative affordable housing sites and programs, and to return in september with an update on the progress and return in october with a rough draft amendment, seconded by Mayor Pro Tem Richards, and approved 5-0-0-0 by the following vote:
AYES: Councilmembers Baron, Dramov, Ferlito, Richards, and Mayor Potter NOES: None
City Council Special Meeting Minutes - July 8, 2024
ABSENT: None
ABSTAIN: None
CLOSED SESSION
City Attorney Pierik read the closed session agenda item title A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: Agency Designated Representatives: Assrstant City Administrator Brandon Swanson, Senior HR Analyst Marisa Bermudez, Zachery Lopes (Burke, Williams & Sorensen) Employee Organization: General Employees Unit, Management Employees Unit, Affiliated Units of LiUNA
Public Appearances. None
ADJOURNMENT
Council adjourned to closed session at 6:49 p.m
APPROVED ATTEST:
Dave Potter, Mayor Nova Romero, MMC, ty Clerk