‘MINUTES’ for Seven Noteworthy 5 April 2011 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, April 5, 2011

Archived video streaming

City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

II. ROLL CALL
PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, Mayor McCloud

ABSENT: None

VII. CONSENT CALENDAR

K. Authorize a letter to the County to proceed with the dissolution of the JPA-managed ambulance response agency, provide notice of intent to retain the 1797.201 rights and authorize the City to submit an application for advanced life support (ALS) certification.

L. Authorize the City to retain Bill Ross as Special Counsel to review and advise the City on ambulance services.

M. Authorize the Mayor to submit responses to the Grand Jury report on behalf of the City of Carmel-by-the-Sea.

Mayor McCloud opened the meeting to public comment.

Ken Hutchinson, Vice President, Carmel Professional Firefighters, agreed with the Civil Grand Jury report, as follows:

• the negative factors of 401(k) outweigh any potential positive factors;
• maintain participation in CalPERS with corrections to increase stability and sustainability for the future;
• a buyout is not realistic or financially viable or practical;
• all public employees have a vested right to the retirement plan which was in place at the time of hire;
• advocate for their participation in formal talks involving CalPERS prior to a final decision on fire services (if conducted), their participation is an “integral element” to process and they are dedicated to the goal of achieving a "mutually beneficial agreement in a timely manner."

Mayor McCloud closed the meeting to public comment.

Council Member TALMAGE moved to approve Consent Agenda Items M, seconded by Council Member BURNETT and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

VIII. Public Hearings
A. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on San Carlos Street 3 SE of 7th Avenue. The appellant is Old Mill Properties LLC.

B. Consideration of an appeal of the Planning Commission’s decision to deny a two-unit, multi-family residential project for a site located on Mission Street 3 SW of 7th Avenue. The appellant is Old Mill Properties, LLC.

City Attorney recused himself due to his ownership of property across the street from the proposed project and Council Member Ken Talmage recused himself due to his living across the street from the project.

Mayor McCloud opened and closed the meeting to public comment.

Council Member HAZDOVAC moved to continue the appeals at the request of the appellant to the 3 May 2011 City Council meeting and hire land use attorney Brian Finegan to represent the City, seconded by Council Member SHARP and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE

X. Resolutions

C. Consideration of a Resolution to lend 30 Edward Weston photographs to the Monterey Museum of Art from May 9 through October 14, 2011 for an exhibition titled “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes”.

Council Member Burnett recused himself due to the fact that his wife is on the Monterey Museum of Art Board.

Janet Bombard, Library Director, presented the Staff Report.

Mayor McCloud asked for clarification of dates and inclusion of La Mirada as exhibition venue.

Michael Whittington, Executive Director, stated the exhibition is a “homecoming” to celebrate the career and accomplishments of one of the great artists of the 20th century of the United States and resident of this area. Whittington encouraged the adoption of the resolution and urged the public to attend the exhibition. He stated that he anticipates a total of 120 photographs spanning Weston’s earliest career to photographs before his death.

Mayor McCloud opened and closed the meeting to public comment.

Council Member HAZDOVAC moved to approve Resolution to lend 30 Edward Weston photographs to the Monterey Museum of Art from May 9 through October 14, 2011 for an exhibition titled “Edward Weston, American Photographer: Landscapes, Portraits, Still Lifes, Nudes,” seconded by Council Member TALMAGE and carried by the following roll call vote

AYES: COUNCIL MEMBERS: HAZDOVAC; SHARP; TALMAGE & McCLOUD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE:

XI. Orders of Council

A. Approve amendments to City’s revised Harassment Prevention Policy.

Attorney Jon Giffen, Kennedy, Archer & Harray, presented changes to the Third Draft of the City’s revised Harassment Prevention Policy, including, as follows (changes in bold):

• IV. TYPES OF HARASSMENT PROHIBITED
visual behaviors (to include other electronic communications, such as twitter)

• VI. COMPLAINT PROCEDURE
1) Employee’s Responsibility When Subjected to Harassment
Any employee who believes he or she has been subjected to harassment prohibited by this policy is required to immediately report that behavior to any one of the following individuals: his or her supervisor; the City’s Human Resources Personnel Officer (“Personnel Officer”); the City Administrator; or the Mayor or Vice Mayor or any city council member.

• 2) Supervisor Responsibilities
If for any reason the Personnel Officer is implicated in the alleged harassment or is otherwise unavailable to respond to the complaint, then the supervisor must report the harassing behavior to either the City Administrator, the Mayor or the Vice Mayor or any city council member instead of the Personnel Officer. In those instances, either the City Administrator, Mayor or Vice Mayor or any city council member will be responsible for meeting with the complainant as specified in the preceding paragraph.

• 3) Investigating Officer’s Responsibilities
The Investigating Officer will have the duty to immediately bring all harassment and/or retaliation complaints to the confidential attention of the City Administrator, the Mayor or Vice Mayor or any city council member.

• C) General Investigation Guidelines
5. If during the course of the investigation, the alleged harassment is reported to be continuing, the Investigating Officer must notify the City Administrator, the Mayor or Vice Mayor or any council member who will take such emergency or immediate action as may be necessary or appropriate under the circumstances.

• C) General Investigation Guidelines
6. At the conclusion of the investigation, the Investigating Officer must prepare a written report of his/her findings as soon as reasonably possible but in no event later than 30 days from completion of the investigation. If, at the conclusion of the investigation, it is found that harassment has occurred, the Investigating Officer must forward his or her written findings, along with any recommendations to the City Administrator, Mayor or Vice Mayor, or any city council member for implementation of the disciplinary process, if any.

• VII. MISCELLANEOUS GUIDELINES
1) Complaints Against Volunteers or City Council Appointees
Employees who believe they have been harassed by any of the above must follow the complaint procedure previously specified including immediately reporting that behavior to any one of the following individuals: his or her supervisor; the City’s Human Resources Personnel Officer; the City Administrator; or the Mayor; or any city council member.

• 2. If the alleged harasser is a member of a Board, Commission, or Committee, or is the City Attorney, the City Engineer, or City Treasurer: the report must be given to the Mayor, the Vice Mayor and the City Administrator or any city council member. The Mayor or Vice Mayor will oversee implementation of appropriate disciplinary action.

• 3. If the alleged harasser is the City Administrator: the report must be given to the Mayor or Vice Mayor or any city council member. The Mayor or Vice Mayor must review the findings and make recommendations accordingly to the entire City Council.

• 2) Complaints Against Elected Officials
This policy applies equally to the Mayor, the Vice Mayor and members of the City Council. Employees who believe they have been harassed by an elected official must follow the complaint procedure previously specified including immediately reporting that behavior to any one of the following individuals: his or her supervisor; the Personnel Officer; the City Administrator; or the Mayor or Vice Mayor or any city council member.

• 3) Complaints Against Outside Parties (Non-Employees)
If the complaint is against an outside party or other non-employee not previously addressed in this policy, then the complainant must follow the complaint procedure previously specified including immediately reporting that behavior to any one of the following individuals: his or her supervisor; the Personnel Officer; the City Administrator; or the Mayor or Vice Mayor or any city council member.

Council Member Talmage referred to a memo from the General Employee Association concerning a potential violation of the “meet and confer” process received by the City Council at the time of the meeting.

City Attorney Don Freeman implied that there was not a violation of “meet and confer” because the policy is an ordinance which is not a negotiable item and not therefore not subject to negotiation.

Council Member Burnett expressed concern about the concerns the City employees expressed in the memo.

Assistant City Administrator/City Clerk Heidi Burch stated that all City associates, unions and all at-will employees received the draft policy in response to Council Member Talmage’s query.

Mayor McCloud opened the meeting to public comment.

Adam Moniz stated that the City’s Harassment Prevention Policy is “only as good as your commitment to enforce it.”

Mayor McCloud closed the meeting to public comment.

Attorney Jon Giffen addressed Carolyn Hardy’s concern about favoritism, “favoritism” not included in IV. TYPES OF HARASSMENT PROHIBITED and not contained in the draft policy.

Council Member Burnett expressed concern about City employees’ questions and Jon Giffen’s answers which stated “No further changes contemplated.”

Council Member Paula Hazdovac expressed concern about employee union question about person wrongfully accused of harassment and administrative leave.

City Attorney Don Freeman stated the City has a zero tolerance for harassment policy. Freeman advocated finalizing policy one time.

Council Member Talmage suggested that memo be responded to, to include draft policy to associations, unions and all at-will employees, and call for comments by date certain.

Council Member Hazdovac suggested employees’ responses by Friday, April 22.

Attorney Jon Giffen agreed to rewrite draft policy by April 26.

The City’s amended revised Harassment Prevention Policy will appear on the City Council’s 3 May 2011 Meeting.