Agenda Item: 7.

A


MINUTES
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session and Special Meeting
Thursday, August 14, 2014 8:15 a.m.
Council Chambers, City Hall
East side of Monte Verde Street
Between Ocean and Seventh Avenues


1. ROLL CALL

Mayor Burnett called the meeting to order at 8:16 a.m. with the following
members present:

Mayor Burnett
Vice Mayor Beach
Council Member Dallas
Council Member Talmage
Council Member Theis

Staff Present:
City Administrator Jason Stilwell
Interim City Clerk Lori Frontella
City Attorney Donald Freeman
Public Safety Director Mike Calhoun

2. PUBLIC COMMENT ON CLOSED SESSION ITEMS
Members of the public shall have an opportunity to comment on items
listed in the closed session agenda prior to the Council recessing into
closed session. If you want to speak on an agenda item listed here, please
wait until the Mayor opens the item for public comment. While not
required, please state your name for the record and limit your remarks to
three (3) minutes.

Mayor Burnett open the public comments, hearing none, Mayor Burnett
closed the public comments.

At 8:18 a.m. Mayor Burnett moved to Closed Session where the following
item was discussed.

3. CLOSED SESSION 8:17 a.m.
City Council Agenda Sept 9, 2014
Page 18
Agenda Item: 7.A
Pursuant to Government Code Section 54956 et seq. of the State of
California, the City Council will adjourn to Closed Session to consider the
following:

Item 3.A: CONFERENCE WITH LEGAL COUNSEL ANTICIPATED
LITIGATION
Significant exposure to litigation pursuant to subdivision (b)
of Government Code Section 54956.9: 1 Case

Council returned from Closed Session at 9:42 a.m.

4. ADJOURN TO SPECIAL MEETING FOLLOWING CLOSED
SESSION
At 9:46 a.m. with all Council present, Mayor Burnett convened the Special
Meeting to hear the following item below.
City Attorney Donald Freeman reported the following from Closed
Session: Pursuant to Subdivision (b) of Government Code Section
54956.9, discussion of legal strategy regarding the one case, no other
reportable action noted.
Item 4.A: Receive an update on the Investigation of the March 2014
House Explosion and Consider Authorizing PG&E to
continue work on Gas Safety Project.
Recommendation: Consider authorizing PG&E to continue
work on Gas Safety Project.
City Administrator Stilwell gave the staff report and requested Council
direction.

Mayor Burnett asked the public comments, hearing none; Mayor Burnett
closed the public comments.

Mayor Burnett noted there was a resolution before Council for
consideration and asked for discussion of Council.

Council Member Talmage asked to table the resolution and in lieu of
resolution to give direction to staff on a series of points and ask staff to
return with a document following policy direction to include:

1. Letter to supersede all prior statements that have been discussed.
2. Council recognizing it is the responsibility of PG&E and the CPUC
to recommence the work in Carmel-by-the-Sea.
3. Ask before they recommence work both PG&E and CPUC certify
that the conditions are safe to commence work.
4. City strongly recommends that the PUC open on OII and institute
an investigation into this entire matter.
5. PG&E to support Carmel-by-the Sea request for an OII.

City Council Agenda Sept 9, 2014
Page 19
Agenda Item: 7.A
Ask Legal Counsel and staff to develop the language with key points and
come back to Council for adoption of letter at a future City Council
meeting.

Vice Mayor Beach noted in addition she would like clarified that the PUC
and PG&E are the entities that are responsible and that City Council has
no legal authority on the matter and which that is their sole responsibility.
In the Call of Order, institute an investigation that city enumerates the
reasons why we are doing this including the dissatisfaction we have of the
utility companys current status of their investigation and request
intervening status. Direct staff to do what we are now doing with the
policy motion something similar to the letter requesting the OII.

Mayor Burnett added he would like to see all the policy direction in the
resolution/letter and authorize staff to provide statements that reflect
direction and give staff discretion to work through the details.

Vice Mayor Beach requested to add on point #4: when we enumerating
the reasons that we add our dissatisfied into the incorporated letter.

Mayor Burnett spoke to the specifics; 1) analysis of why the molecules did
what they did, and, 2) action taken by the company, its employees and
contractors prior to and following the incident. There has not been an
adequate investigation into the processes and rules, laws at the local
level, Franchise agreement and the state and Federal levels. A
determination as to whether those were followed and whether any of those
can be strengthen to improve safety.

MOTION: Motion by Council Member Talmage, seconded by
Council Member Dallas to give policy direction as a
Council on the 5 points we articulated and that we
include subsequence sub-point made to those 5 points
made by Mayor and Vice Mayor.

AYES: 5 Council Members: Talmage, Dallas, Beach,
Theis, Burnett

City attorney Donald Freeman noted that we do not have any legal
responsibility as a City to say to PG&E that you may work here or not.
That is the decision of the CPUC, they have the regulatory authority.










City Council Agenda Sept 9, 2014
Page 20
Agenda Item: 7.A
5. ADJOURNMENT

There being no further business, Mayor Burnett adjourned the meeting at
10:02 a.m.

APPROVED: ATTEST:


______________________________ __________________________
Jason Burnett, Mayor Lori Frontella, MMC,
Interim City Clerk
































City Council Agenda Sept 9, 2014
Page 21