‘MINUTES’ for Ten Noteworthy 4 October 2011 City Council Agenda Items

“MINUTES”
REGULAR CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
Tuesday, October 4, 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: John Goss, Interim City Administrator
Jason Stilwell, City Administrator
Heidi Burch, Asst. City Administrator/City Clerk
Don Freeman, City Attorney
Mike Calhoun, Interim Police Chief
Andrew Miller, Monterey Fire Chief
Sean Conroy, Planning Services Manager

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

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Labor Negotiations – Government Code Section 54957.6(a) Meet and confer with Carmel-by-the-Sea’s Meyers-Milias Brown Act representative, Interim City Administrator Goss, to give direction regarding labor negotiations with the Carmel-by-the-Sea Police Officers Association and the Carmel Professional Firefighters/International Association of Firefighters (IAFF).

City Attorney Don Freeman stated that there were no announcements from Closed Session other than the Appellate Panel will hear Flanders Foundation v. City of Carmel-by-the-Sea on October 20 in Salinas at 9:45 A.M.

C. Announcements from City Administrator.

3. Report by outgoing Interim City Administrator Goss.

Interim City Administrator Goss stated he was “smitten with the charm of Carmel.” He mentioned work on the City’s budget and reviewed his goal “to move projects forward.” As city administrator, he has worked about 1000 hours as city administrator and his “basics” include “focused recommendations." He thanked the city staff, including Assistant City Administrator Heidi Burch, and City Council Members and the public.

X. Resolutions
A. Consideration of a Resolution authorizing the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue.

Sean Conroy, Planning Services Manager, presented the staff report, including the residence is a Comstock house built in 1929 with very few alterations; an excellent example of his work. A Mills Act contract is ten years and typically results in a 40%-60% reduction in property taxes based on income approach to valuation. Staff recommends the adoption of Resolution approving a Mills Act contract. This would be the City’s first Mills Act contract.

Stephanie Ager Kirz, the project applicant, addressed the Council and public. She stated that the name of her residence is “Curtain Calls” named by a silent screen actress.

Mayor McCloud opened the meeting to public comment.

Alison Pratt Shelling stated support for the Mills Act contract program.

Mayor McCloud closed the meeting to public comment.

Council Member HAZDOVAC moved to authorize the City Administrator to enter into a Mills Act Contract with Stephanie Ager Kirz for an historic property located on Junipero Avenue 2 NW of Third Avenue amended to eliminate “annual grounds and tree maintenance,” 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

B. Consideration of a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for one year.

John Goss, Interim City Administrator, presented the staff report. He stated that due to concerns about last season regarding compliance with the sale of food and beverages he recommended a one-year lease of the Forest Theater.

Mayor McCloud opened the meeting to public comment.

Kathryn Harrison Coleman (FTG Board Member) spoke of a “misunderstanding of procedure” and FTG had obtained all food and beverage licenses from the Health Department and ABC and appealed for more than a one-year lease.

Mayor McCloud mentioned a power point presentation prepared by the Forest Theater Guild, including programs and organizations and stated the need for more information and suggested the FTG take a year and get “organized.”

Kathryn Harrison Coleman stated that she expected the power point to be available for presentation at the meeting. That it has been the City’s past practice to grant a five–year lease and in light of their progress this past season, she advocated for the duration of the lease, i.e., four-year lease. The FTG is actively working with new board members, consultants on a “sustainability plan,” et cetera. And a one-year lease does not allow FTG to commit to programs and organizations. Ergo, the FTG is requesting the rest of the term, i.e., a four-year lease.

Mayor McCloud closed the meeting to public comment.

Council Member Burnett queried “do we have confidence in this new team” and my answer is “yes.” He stated that his experience as President of the Board of Directors of the Natural History Museum has informed him that there is a case to be made for a longer lease for seeking grants and donor commitments. (Natural History Museum has a several decades-long lease with the City of Pacific Grove).

Council Members Hazdovac and Talmage advocated for a three-year lease.

Mayor McCloud stated her belief that the FTG is not ready for major fundraising, et cetera, and the need for the City to work with the neighborhood.

Council Member BURNETT moved to approve a Resolution extending the Forest Theater Guild’s lease of the Forest Theater for three years, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

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

C. Consideration of a Resolution authorizing the transfer of $40,000 from the Rio Park Deposit Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Road Beach Restrooms Project.

John Goss, Interim City Administrator, presented the staff report, including the project has been “languishing.” Due to council’s reluctance to use Capital Reserves, he recommended using interest from “inactive” and “restricted” Rio Park funds for the Scenic Road Beach Restrooms Project. Robert Carver, Carver & Schicketanz Architects, asked about the next step. Planning Services Manager Sean Conroy stated that the next step would be the Planning Commission.

Council Members Burnett and Talmage raised issues including showers, neighbors concern about restroom placement involving view and toilets, Carver stated that the roof would be an “extension of the landscape” and use of gray water from Del Mar cistern could be used for toilets. Project can connect to sewer as opposed to pumping mechanism. To a query from Council Member Hazdovac, Carver stated that the restroom as designed is not ADA compliant, but compliance could be accomplished in the future. Council Member Talmage expressed concern with ceiling height; Carmel stated ceiling height 8’ to 10’ as designed and skylights not visible due to landscaping. Council Member Burnett stated monies should come from Capital Improvement Reserves.

City Attorney Don Freeman stated the importance of public notice due to concern about past litigation in 2002.

Mayor McCloud opened the meeting to public comment.

David Banks read prepared comments by Barbara Livingston regarding using Rio Park funds, all $100,000 plus interest part of agreement with Pebble Beach and that monies in an exclusive Rio Park deposit account be used for park development and requested the city attorney address her concerns.

Motta Potter, Carmel Chamber of Commerce President, stated the receipt of complaint letters about pubic nudity at the Carmel Beach; a concern with only a shower, not a changing room. She supported the use of Rio Park funds for project.

Alison Pratt Shelling expressed support for the project and urged City to contact all members of the public.

Mayor McCloud closed the meeting to public comment.

Council Member BURNETT moved to approve a Resolution authorizing the allocation of up to $54,000 from the Capital Improvement Fund for the design development, construction documents and administration and bid negotiation elements of Phase II of the Scenic Road Beach Restrooms Project, with modifications by the Interim City Administrator, seconded by Council Member TALMAGE 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

D. Consideration of a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table.

E. Consideration of a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer.

F. Consideration of a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding.

John Goss, Interim City Administrator, presented the staff report, including JPA dissolved 31 December 2011 and required steps for CRFA members becoming City employees.

Council Member Burnett expressed issues about CRFA potentially becoming employees of the City of Monterey as anticipated of the Carmel Firefighters becoming Monterey employees under Fire Services Agreement between the City and the City of Monterey. He expressed the possibility of savings through “economies of scale.”

Council Member Talmage addressed Memorandum of Understanding regarding the need to update the MOU. Interim City Administrator stated that it is the current MOU and provides a transition period to work through issues. To query about subsidy, the subsidy is reduced due to savings from social security, workers compensation and liability insurance.

To Council Member Talmage’s query about the staffing list, David Jedinak, CRFA, stated that presently there are three full time paramedics, one full time EMT Fire Fighter/Paramedic, and currently CRFA is bringing on board two additional Firefighters/Paramedics.

Gerard Rose, CRFA President, addressed financial “projection” and MOU issues

Mayor McCloud opened the meeting to public comment.

Barbara Livingston expressed concern for Carmel ambulance service or ambulance as part of Monterey.

Carolyn Hardy expressed concern regarding City’s position that ambulance is part of a separate division of a department which no longer exists. She voiced the need to address fire and ambulance together, not separately. “There needs to be a firm commitment, not something that will be figured out later.”

Gerard Rose, CRFA President, advocated the need for the Council to act on Goss’s recommendations.

Charlotte Townsend, the “oldest surviving mayor,” stated that she believes residents do not want to give up tradition of Carmel’s own Fire Department, not an adjunct to Monterey.

Monte Miller asked how the process is to be managed regarding firefighters and ambulance members.

Andrew Miller, Monterey Fire Chief, stated that Monterey Fire Department has been overseeing Carmel’s ambulance for the last five years and will continue that commitment. Monterey is prepared for full integration of fire and ambulance if Carmel Council makes such a decision.

Mayor McCloud closed the meeting to public comment.

Council Member HAZDOVAC moved to approve a Resolution adopting the Carmel Regional Ambulance Authority (CRFA) Firefighters Memorandum of Understanding, as amended, including documents regarding adoption of two-tier system, 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

Council Member BURNETT moved to approve a Resolution modifying the City’s 2011-12 operating budget, effective January 1, 2012, to include CRFA expenditures and revenues, and revising the staff position table, seconded by Council Member TALMAGE 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

Council Member BURNETT moved to approve a Resolution establishing Job Descriptions for the positions of Paramedic Fire Fighter, EMT Fire Fighter, Per Diem EMT Paramedic Fire Fighter and Operations Officer, seconded by Council Member TALMAGE 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

XI. Orders of Council
A. Receive report on tentative contract with Monterey Fire.

John Goss, Interim City Administrator, presented the staff report, specifically the Draft Agreement for the Provision of Fire Service between Carmel and the City of Monterey, including modifications, such as the deletion of Section 2.5 Option to create a JPA, addition of City of Monterey will follow OSHA requirements (two-in, two-out), Section 4.2(b) (i) (D) Response Time and Monthly Report, response times not to exceed the national standard of 5 minutes or less 90% of the time, Section 9.1 Amendments to Agreement, such as “more restrictive language” to cover operational nuances.

Mayor McCloud included Section 9.2 Assignment.

Mayor McCloud opened the meeting to public comment.

Barbara Livingston stated “follow the money” and that “Monterey stands to make a lot of money” with the acquisition of the Carmel Fire Department. She expressed the City has not performed “due diligence,” such as the Council never articulated Council’s goal for the Carmel Fire Department.

Carolyn Hardy expressed concerns about continuity of employees for only one year, agreement amended without city council approval, option to create JPA, response times, elevated level of service. She asked the city attorney for his opinion regarding the pitfalls of the tentative agreement.

Monte Miller stated contract should recognize CRFA and two-in, two-out. He expressed concern with a cost plus agreement and advocated a fixed price contract.

Michael LePage, CRA Board, read a statement in opposition of the proposed acquisition of Carmel’s Fire Department by the City of Monterey; support current headquarters model; many concerns about the contract; more time needed for “full review” of contract; need to clarify CRFA in contract with regard to two-in, two-out; all amendments should be reviewed and approved by council; and advocates a fixed price contract.

Roberta Miller stated that the change from a headquarters model with Monterey to a merger with Monterey poses no control over cost, no voting rights, no say in decision, and loss in community service and it is a “huge mistake.” She asked city attorney about binding arbitration and problems regarding binding arbitration for the City and residents.

Carolyn Hardy expressed interest in including annual testing and maintenance of fire hydrants in contract.

Mayor McCloud closed the meeting to public comment.

City Attorney Don Freeman stated that the California Constitution prohibits delegation of binding arbitration. Under contract, Carmel Firefighters will be part of binding arbitration process of Monterey. He stated that it is prudent for the City Council to spend a lot of time reading the agreement and determine whether or not it is in the best interest of the City.

Council Member Talmage commented about the need to address fire and ambulance together. He advocated CRFA becoming city employees as of January 1, 2012 and include CRFA in Fire Services Agreement for 4 ½ year duration of Agreement. He called for “specificity” in the Agreement. He acknowledged agreement is a cost plus agreement; a need for a split in the financial risk. He advocated for Carmel Firefighters to be stationed at the Carmel Station for longer than one year. For “specificity,” include fire inspections, two-in, two-out, CalPERS, staff meetings and a more operational agreement “in tone.”

Council Member Burnett commented on policy issues, including better service to the community, response time language, integration of fire and ambulance, Carmel’s choice about fate of CRFA employees, continuity of Carmel Firefighters at Carmel station over time, Carmel control over costs (“cafeteria” style) and labor negotiations, Monterey’s provision of information, City Administrator’s input in Fire Chief performance review, cost plus agreement, fire fuel abatement, emergency preparedness training, Monterey’s unfunded CalPERS liability and leave bank.

Monterey Fire Chief Andrew Miller stated that the council’s issues are “manageable” and you cannot write a contract and micromanage it to the point where you have so much control, that is difficult, but there are things that can be done. This is a matter for further negotiation and discussion with Mr. Stilwell.

Mayor McCloud cited no criticisms and kudos regarding the performance of Monterey over the past few years.

Council Member Talmage expressed concern about the budget process including the total City cost for the operation of the Fire Department.