‘MINUTES’ for One Noteworthy 1 August 2011 City Council Closed Session Agenda Item & Three Noteworthy 2 August 2011 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, August 2, 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, and Mayor McCloud
ABSENT: None
STAFF PRESENT (partial list): John Goss, Interim City Administrator
Heidi Burch, Assistant City Clerk
Don Freeman, City Attorney
Marc Wiener, Associate Planner
Andrew Miller, Fire Chief

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

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:

1. Labor Negotiations – Gov’t. Code Section 54957.6(a) Meet and confer with the Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, Interim City Administrator Goss, to give direction regarding labor negotiations with the International Association of Firefighters, Carmel-by-the-Sea Police Officers Association, and LIUNA/UPEC Local 792.

Mayor McCloud announced there were no public announcements regarding the aforementioned agenda item.

C. Announcements from City Administrator.

4. Update on provision of fire services.

Interim City Administrator John Goss stated it his intention to provide a report on fire services at the next City Council meeting.

VIII. Public Hearings

A. Consideration of an appeal of the Planning Commission’s decision to approve Design Study, Demolition Permit and Coastal Development Permit applications for the construction of a new residence located on Mission Street 2 NW of 11th Avenue. The property owner is Domicile Properties, LLC. The appellant is Sherrie Spendlove Gallo, joined by three other neighbors. (Continued from July.)

Associate Planner Marc Wiener presented the staff report, including staff recommendation to deny the appeal and uphold the Planning Commission’s unanimous approval and answered questions from council members.

Sherrie Spendlove, the appellant, and the neighbor who lives directly to the north of the subject property, stated her concerns regarding proposed garage location, safety issues and view issues.

Mayor McCloud opened the meeting to public comment.

Jerry Case, architect for the project, stated he worked closely with staff on this project. The residence is “not massive” and the garage located on the front setback is the only way to place the residence on the property with existing trees.

Ron Kabat, CPA, asked why the City would allow a limited liability company to come into a residential area and attributed changes in residential neighborhoods to the existence of limited liability companies in the residential area.

Mayor McCloud closed the meeting to public comment.

Council Member Hazdovac advocated for moving garage back from the street.

Council Member Sharp mentioned possibility of removal of the pittosporum tree.

Council Member Talmage stated he opposed placing garages on the front setback as a former planning commissioner based on safety considerations.

Mayor McCloud advocated for moving garage back six feet from street.

Council Member Burnett advocated for moving garage back by giving client and architect discretion about garage location back between three feet to six feet.

Council Member BURNETT moved to approve the project with stipulation that garage be moved back at least three feet and recommend Planning Commission grant a variance if required, seconded by Council Member TALMAGE.

Mayor McCLOUD made a substitute motion to move back garage and attach garage to the residence, seconded by Council Member HAZDOVAC (later withdrawn).

Council Member TALMAGE made a substitute motion to move back garage a maximum allowed by the fire code and a minimum of three feet, whichever is greater, 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

X. Resolutions

B. Consideration of a Resolution to adopt a Fire Department Emergency Medical Service Fee.

Interim City Administrator John Goss presented the staff report, emphasizing general tax dollars should not be required to support ambulance transport services, the response to emergency medical calls by the Fire Department also should not be subsidized by general tax dollars and a different business model to support services. In response to Council Member Sharp, Goss stated that contracting with either the City of Monterey or CalFire would not affect Emergency Medical Service Fee, if adopted. In response to Council Member Burnett, Goss stated that there is no evidence that Fee would discourage emergency medical calls. In response to Mayor McCloud, Goss stated that the use of a collection agency is very valuable.

Mayor McCloud opened the meeting to public comment.

Carolyn Hardy spoke of her concern about individuals who might hesitate to make a call and the need to resolve fire protection service solution and ambulance solution prior to approving EMS Fee.

Bill Hill, former Carmel Fire Chief, spoke of his concerns about “fear factor” in elderly individuals not calling 911 and the lack of “nuisance calls.” He questioned $300/call charge. He stated that adopting Fee would add to the “fear factor.”

Dick Stiles, representing the Board of Directors of the Carmel Residents Association, advocated the Council vote “no” on the Fee. As an individual, he stated that expected revenue of about $40,000 is not worth putting health and safety of residents at risk.

Pat Sipple stated she did not think the EMS Fee was a good idea: that a EMS Fee is “not what we are about.”

Robin Hamelin, CalFire Battalion Chief, stated the EMS Fee is the wrong way to go and the City has the “cart before the horse.”

Ken Hutchinson, Vice President, Carmel Professional Firefighters, stated that the Carmel Professional Firefighters do not feel this EMS Fee is the "right fit for Carmel-by-the-Sea at this time and under the current conditions."

Ron Kabat inquired which one of the council members will potentially have to face the widow or widower of a person who died because they did not call the ambulance.

Mayor McCloud closed the meeting to public comment.

Interim City Administrator John Goss addressed the “fear factor,” structuring the EMS Fee, EMS Fee as part of a contract with Monterey or CalFire, insurance, $300/call Fee charge and “a different business model.”

Council Member Talmage addressed “a different business model;” the ambulance service costs the City $200,000/year for six highly trained personnel and $400,000 from third-party reimbursements. How do third-party reimbursements pay for this service, i.e., how to maximize payments from non-residents? This EMS Fee “does not work” for him.

Council Member Burnett stated the City is not moving forward with the EMS Fee in its current form and a desire to shift costs to non-residents like the ambulance service charging a higher fee for non-residents.

Interim City Administrator John Goss stated ambulance concept of service outside of Carmel, charge county rate, service within Carmel-by-the-Sea, charge discounted rate. Why not have County rate front-end and discounted rate rear –end for reimbursement purposes?

Council Member Sharp requested another agenda item next month.

Council Member Hazdovac stated that ambulance service and fire service should be determined prior to EMS Fee consideration. She observed that there was no public support because of “fear factor.”

Council Member Talmage requested Interim City Administrator John Goss address ambulance billing and discounting issues at next month’s city council meeting.