Wednesday, December 31, 2008

2008: End of Year Assessment

ABSTRACT: As a year end assessment, five themes are presented with examples for the purpose of illustrating the five themes, as follows:
o Mayoral Abuses of Power
o Four City Council Members who Act As Cabinet Members, as Opposed to Independently Elected Representatives
o Ineffectual City Administrator
o Misallocated Taxpayer Dollars
o Hypocritical and Inconsistent Enforcement
A COMMMENT is made with regard to Carmelites.

FIVE THEMES FOR 2008:
o Mayoral Abuses of Power
• Case of Carmelite Susan Page
Carmelite Susan Page, Mayor Sue McCloud’s neighbor, petitioned the City for removal of her Black Acacia tree due to private safety concerns. Throughout the process, as mayor, Sue McCloud interfered with the process, instigated and/or oversaw the removal of Susan Page’s application to the Forest and Beach Commission several times over months, attempted to prejudice her appeal of the Forest and Beach Commission’s unanimous decision to approve the removal of the Black Acacia tree by highlighting sections on documents which were later copied for City Council Members as part of the City Council Agenda Packet, voided a permit with conditions agreed to by Susan Page and voted by the City Council at the City Council meeting upholding the decision of the Forest and Beach Commission and substituted other language for the conditions voted upon by the City Council.

• Carmel Fire Department Consolidation with the Monterey and Pacific Grove Fire Departments
Mayor Sue McCloud continues to “over control” governmental processes as per 2005 Civil Grand Jury Report Finding; Sue McCloud instigated and/or oversaw the city’s withdrawal from consolidation negotiations in January 2008 for no articulated purpose at the time and disallowed the placement of the consolidation issue on City Council agendas for public hearings for an entire year in order to educate the public and receive input from Carmelites. Only lately has the Public Safety Director finally communicated to Carmelites the options for the future management of the Carmel Fire Department. To wit, it appears the City of Monterey City Manager and Fire Chief are better representing the public safety interests of Carmelites than Mayor Sue McCloud.

• Installation of Speed Hump without Notification of Dolores Street Residents and Public Hearing
Only after Dolores Street residents hired an attorney who threatened the City with a lawsuit alleging misappropriation of funds due to the expenditure of taxpayer dollars for materials and labor without a public hearing and vote of the City Council did the “City” remove the speed hump in March 2008.

o Four City Council Members who Act As Cabinet Members, as Opposed to Independently Elected Representatives
In 2008, the City Council voted unanimously approximately 89% of the time. Mayor Sue McCloud’s “team” concept has had the intended effect of discouraging honest and open discussion and debate about the issues confronting the City of Carmel-by-the-Sea, i.e., Carmel Fire Department consolidation, deposition of the Flanders Mansion property and Scout House, et cetera.

o Ineffectual City Administrator
Again in 2008, City Administrator Rich Guillen displayed a lack of initiative, i.e., waiting for City Council “policy direction;” allowed public assets to remain inaccessible and closed to the public, i.e., Scout House, Flanders Mansion; formulated a budget without adequate funding for essential departments, i.e., Department of Public Works, Forest, Parks and Beach Department.

The City Administrator has failed to fully inform Carmelites at City Council meetings under Announcements from City Administrator, i.e., failure to timely inform Carmelites prior to withdrawing from fire department consolidation negotiations, failure to inform Carmelites about the City’s intentions with regard to the selling or leasing of the Flanders Mansion property, et cetera.

The City Administrator has failed to hire a Community Planning and Building Director and a Public Works Director, after many years without Directors for these two essential departments.

The City Administrator has overseen the understaffing and underfunding of essential departments to the extent that these departments are not functioning as effective departments, i.e., Department of Public Works, particularly with regard to the habitual underfunding of streets maintenance and improvements as per the recommendations of Nichols Consulting Engineers; Forest, Parks and Beach Department, particularly with regard to the lack of maintenance in Mission Trail Nature Preserve, the City’s largest park and the lack of a coherent reforestation program citywide. Furthermore, the understaffing and underfunding of departments has resulted in an overreliance on consultants and a failure to hire full time city employees with a long-term allegiance to the city.

o Misallocated Taxpayer Dollars
Underfunded Departments
• Forest, Parks & Beach Department:
For Fiscal Year 2008/09, $ 499,778 budgeted for the Forest, Parks and Beach Department relative to a total Fiscal Year 2008/09 Budget of $ 14,294,494 (or less than 3% of the total budget). The underfunding and understaffing of Forest, Parks and Beach Department has resulted in the City not implementing significant provisions of the Local Coastal Program and not maintaining all city parks to the same standard of maintenance.

• Department of Public Works
For Fiscal Year 2008/09, $ 1,333,668 budgeted for the Department of Public Works relative to a total Fiscal Year 2008/09 Budget of $ 14,294,494 (or less than 9% of the total budget). The underfunding of Public Works has resulted in the City not meeting the minimum recommendations of consultant Nichols Consulting Engineers for annual street maintenance, et cetera.

• Community Planning and Building Department
The understaffing of the Community Planning and Building Department with competent planners has resulted in the City having to expend taxpayer dollars for consultants to accomplish the General Plan Update, General Plan Housing Element, et cetera, which could be better accomplished by full-time city employees.

Overfunding of SCC & Marketing and Economic Revitalization
For Fiscal Year 2007-08, the City’s subsidy to Sunset Cultural Center, Inc., to manage the city-owned Sunset Center, was $750,000. For Fiscal Year 2008/09, the subsidy is $713,000 and projected to be $680,000 for Fiscal Year 2009-10, according to the City’s Triennial Budget. Compared to other entertainment venues in Carmel-by-the-Sea, Sunset Cultural Center, Inc. receives a disproportionate amount of city revenues.

For Fiscal Year 2008/09 $ 339,030 budgeted for Marketing and Economic Revitalization without tangible evidence the intended purpose of promoting “travel and tourism related businesses” is being realized.

o Hypocritical and Inconsistent Enforcement
• Numerous Lights in the Ocean Av. Medians vs. One Light in the Public Right-of-Way in front of a Residence
Case in Point: A Carmel homeowner was made to remove one light which was in the public right-of-way directly in front of his residential lot per Municipal Code, as follows:
15.36.070 Lighting Requirements B. Residential Buildings/Zones.
3. No exterior lighting is permitted upon City property and may not be directed toward City property.
However, the City of Carmel-by-the-Sea installed numerous lights of the same type as the homeowner in the Ocean Avenue medians without a public hearing and in violation of the Municipal Code, as follows:
15.36.070 Lighting Requirements.
A. Commercial Buildings/Zones.
1. All light fixtures shall not be directed toward the public right-of-way.

City filed a lawsuit against a citizen for allegedly illegally pruning Coast Live Oaks in the public right-of-way vs. City inaction with regard to the tree topping of a Cypress in the public right-of-way in front of a residence by an unlicensed tree pruner and without a permit.
Case in Point: A Carmel homeowner hired a “tree pruner” unlicensed in the City of Carmel-by-the-Sea to top a Cypress tree which is located in the public right-of-way in front of the homeowner’s residence, without a City permit per Municipal Code Section 12.28.060 Permit for Cutting Trees and Shrubs on Public Property. No action was taken against the homeowner.
In contrast, the City filed a lawsuit against a homeowner for hiring a tree service to prune trees in the public right-of-way across the street from the homeowner’s residence. The lawsuit was eventually settled for over $30,000.00.

COMMENT:
• An informed citizenry guided by high ethical and performance standards would not tolerate mayoral abuses of power, four City Council Members acting as Cabinet Members, an ineffectual city administrator, misallocated taxpayer dollars or hypocritical and inconsistent enforcement. That Carmelites have tolerated and at times rationalized and/or accommodated to such unethical and poor performance standards is an indictment of us!

Sunday, December 21, 2008

The Monterey County Herald: “Change

Today, Sunday, December 21, 2008, The Monterey County Herald published The Herald’s View entitled “Editorial: Holiday spirit spurs our list of good wishes.”

Pertinent to the City of Carmel-by-the-Sea is, as follows:

“To the Carmel City Council: Change.”

Thursday, December 18, 2008

Aaron’s "ALL CREATURES GREAT AND SMALL" Christmas Tree, 2008

View of Aaron's 2008 "ALL CREATURES GREAT AND SMALL" Christmas Tree from Serra Trail

View of Aaron’s "ALL CREATURES GREAT AND SMALL" Christmas Tree, 2008
Ornaments with Handwritten Names including Arrow, Bella, Bessie, Bixby, Buffy, Buster, Chew-Chew, Chippee, Coy, Fiona, Freddy, Fritz, Furball and Sharpie, Jake, Jonah, Kristin & Aida, Lexie & Sierra, Lottie, Luke, Mela and Kalikima and Tempe, Oliver, Rosie, Rufus, Santana, Shadow, Smokey, Snoopy, Solo, Spike, Summer and Schuber, Tally, Tank, Taos, Tarzan, Twiggy and Twinkie.

Golden Star, “ALL CREATURES GREAT AND SMALL

To celebrate the Christmas season, animal lovers have again decorated Aaron’s tree in Mission Trail Nature Preserve. For 2008, the theme of Aaron's Christmas tree is "ALL CREATURES GREAT AND SMALL."

Aaron’s “Merry Christmas” Tree, now a four year old redwood tree, is along Serra Trail, around the bend in the trail, about 1/4 mile from the entrance to Mission Trail Nature Preserve at Rio Road.

Canine Christmas Tree History:
Ed and Betty Anderson, of Monterey, planted their 2004 living redwood Christmas tree in Mission Trail Nature Preserve in 2005, as a memorial to their son, Aaron, who died on 21 December 2003, at the age of 31. For that first Christmas season in 2005, the tree was transformed into a magical Canine Christmas Tree. Since Aaron was an animal lover and “spent a lot of time in Mission Trail Park,” Aaron's mother said in December 2005 that she was delighted and thankful for the decorated tree at Christmastime. And Aaron “would have really enjoyed it.”

(Source: Canine Christmas tree is memorial redwood for Monterey couple’s son, Mary Brownfield, The Carmel Pine Cone, December 23, 2005)

MERRY CHRISTMAS TO ALL OUR ANIMAL COMPANIONS!

Close-up View of Ornaments

Close-Up View of Ornaments

Sunday, December 14, 2008

Random Reportings

• Monetary Award to the Carmel Fire Department:
At noon on Thursday, 18 December 2008, the Carmel Fire Department will have an official award presentation announcing an award of $25,302 toward the purchase of firefighting, rescue and medical equipment made available through the Fireman’s Fund Insurance Company Heritage Reward and Paul Bystrowski of Monterey Insurance Agencies at the Carmel Fire Station at Sixth Avenue and San Carlos Street.
(Source: Grant for Carmel Fire Department, The Monterey County Herald, Saturday, December 13, 2008)

• 2009 Two-Week Carmel Bach Festival:
Carmel Bach Festival Executive Director Camille Kolles announced this past week that the 2009 Bach Festival will be shortened from three weeks to two weeks. The Festival will begin on Friday, July 17, 2008 and close Saturday, August 1, 2008. Kolles stated that recent attendance was approximately 70 percent of capacity and “the change enables us, above all, to maintain our high artistic standards while at the same time reducing costs in order to ensure the festival’s future viability and financial stability.”
(Source: GO! Magazine, The Monterey County Herald, Thursday, December 11, 2008)

• Forest Theatre Renovation Timeline:
At the 2 December 2008 City Council meeting, the City Council unanimously approved conceptual plans and a $131,000 contract with RFM Architects for a schematic design. The conceptual plan incorporated public comments, including “a 6-foot-high grape-steak fence like the existing fence surrounding the property, onsite parking, a turnout and handicap parking accessible from Santa Rita Street, use of the existing concrete foundation to install new benches and elimination of the center aisle in favor of two new side aisles, improvement of the existing concessions stand, elimination of the ticket and phone booths, new bathrooms in a single building, elimination of the underground corridor, and no change to the basic dimensions and height of the stage.”

The Schematic Design will take approximately three months, according to a letter from theatre architect Richard F. McCann. And according to City Administrator Rich Guillen, construction would commence by April 2009 and be completed by May 2010 in time for the Forest Theatre’s Centennial.

While City Administrator Rich Guillen stated that “people would have plenty of time to comment on the design as it wends its way through the city approval process,” it appears that the time for public hearings of the Forest and Beach Commission, Planning Commission and City Council were not taken in consideration. To wit, RFM Architects’ Schematic Design for the renovation of the Forest Theatre is expected to be completed in three months or by March 2009. Then, public hearings will ostensibly occur, a competitive bidding process and finally a negotiated contract with the selected company: the entire process could conceivably take months. Ergo, the suggestion made by Executive Director Stephen Moorer of Pacific Repertory Theatre that construction begin “after the curtain drops on the final production in October, which would provide seven months before the start of the spring 2010 season,” is reasonable and prudent, especially in the context of the Forest Theatre not having had major renovations in almost 100 years.
(Source: Architect gets $131,000 for next Forest Theater design phase, MARY BROWNFIELD, The Carmel Pine Cone, December 12, 2008)

Wednesday, December 10, 2008

HIGHLIGHTS of 2 December 2008 City Council Agenda Item: Options For Future Carmel Fire Department Management

ABSTRACT: HIGHLIGHTS of “Receive report and provide policy direction regarding options for future Carmel Fire Department management” is presented, including remarks by Public Safety Director George Rawson and City Manager Fred Meurer, City of Monterey. COMMENTS are made about the conduct of the City Council Members, in particular.

HIGHLIGHTS of “Receive report and provide policy direction regarding options for future Carmel Fire Department management:”

The agenda item, “Receive report and provide policy direction regarding options for future Carmel Fire Department management” was the last item on the agenda. However, at the meeting, this agenda item was placed after IV. Extraordinary Business and prior to V. Announcements from Closed Session, from City Council Members and the City Administrator.

Public Safety Director George Rawson presented the Staff Report. Interestingly, George Rawson stated that the reason the City of Carmel-by-the-Sea withdrew from consolidation negotiations in January 2008 was because of “labor negotiations” and “some other issues.” He presented the three long-term options for the Carmel Fire Department, including Stand Alone, Contract or Joint Powers Authority. At present, staffing levels, equipment and the fire department facility meet the “prerequisites” for future consolidation, he stated.

Highlights of the presentation given by the City Manager of the City of Monterey Fred Meurer included, as follows:
The financial realities of post-2001 and recent financial events make consolidation absolutely essential if fire departments are going to maintain essential services to the public.

Goal is to form a regional fire authority to serve all of the Monterey Peninsula cities. A “step on the longer-term journey” is to go from three fire departments (Monterey, Pacific Grove, Carmel) to one “extraordinary” fire department, consisting of 1 Fire Chief, 1 Deputy Chief and a complement of fire prevention officers including division chiefs as the standard to dodge any lawsuits which naturally come when something goes wrong.

Major stumbling block to consolidation, excess liability carriers have great concerns about us commanding people not working for us. Therefore, we need to have an end date for the interim, intermediate, contract period. Ergo, contract for services is the best option. (End date 28 February 2009)

The City of Monterey is prepared to move forward, prepared to serve if the City Council of Carmel-by-the-Sea decides to contract for fire protection services.

During City Council deliberations, all of the City Council Members expressed support for moving forward with contract negotiations with the City of Monterey for fire protection services except Mayor Sue McCloud.

Concerns expressed by City Council Members about the uniqueness of Carmel-by-the-Sea, i.e., no physical street addresses, were addressed by City Manager Fred Meurer by stating that all of the firefighters would be familiar with Carmel-by-the-Sea and be able to navigate the streets of Carmel-by-the-Sea expeditiously. And Carmel Firefighters would remain at the Carmel Fire Station. In fact, contracting with the City of Monterey would increase Carmel’s comfort level regarding safety, Meurer stated.

NOTE: City Manager Fred Meurer has a proven record of implementing cost effective, mission oriented, consolidation strategies involving the City of Monterey, the Army, Navy, Sand City and most recently the Monterey and Pacific Grove Fire Departments.

COMMENTS:
At the meeting, Public Safety Director George Rawson, Fire Chief Andrew Miller, City Administrator Rich Guillen and City Council Members Paula Hazdovac, Gerard Rose, Karen Sharp and Ken Talmage stated for the record their support for contract negotiations with the City of Monterey for fire protection services. It was conspicuous that Mayor Sue McCloud was noncommittal. It appears, then, that the major stumbling block to consolidation is Mayor Sue McCloud.

Only at the 11th hour did Public Safety Director George Rawson, Fire Chief Andrew Miller, City Administrator Rich Guillen and City Council Members Paula Hazdovac, Gerard Rose, Karen Sharp and Ken Talmage state for the public record their support for contract negotiations with the City of Monterey for fire protection services. Finally, at long last, they placed public safety and the citizens of Carmel-by-the-Sea ahead of the demands of Mayor Sue McCloud.

(Source: Archived Videos, Council Meeting, December 02, 2008, 00:19:30 – 00:51:52)

RELATED ARTICLE: City inches closer to joining Monterey Fire, MARY BROWNFIELD, The Carmel Pine Cone, December 5, 2008, pg. 7A & 9A

Sunday, December 07, 2008

ANNOUNCEMENT: A Blog to Complement The Carmel-by-the-Sea WATCHDOG! entitled A Government Archive for the Citizens of Carmel-by-the-Sea

Today, The Carmel-by-the-Sea WATCHDOG! introduces a new blog to complement The Carmel-by-the-Sea WATCHDOG! entitled A Government Archive for the Citizens of Carmel-by-the-Sea, “of the people, by the people, for the people” of Carmel-by-the-Sea (URL: http://carmelgovarchive.blogspot.com/).

The purpose of A Government Archive for the Citizens of Carmel-by-the-Sea is two-fold:

Provide fast, efficient access to the City of Carmel-by-the-Sea’s Agendas and Minutes, Staff Reports, Resolutions, Ordinances, Agenda Item Summaries, et cetera, of the City Council and Agendas and Minutes of the Commissions and Boards. (Click on a label in the left column or type a keyword in the SEARCH box for all applicable posts)

Provide full text city documents referenced in The Carmel-by-the-Sea WATCHDOG!

Since the City of Carmel-by-the-Sea’s website has a limited capacity for providing past City Council Agenda Packets, A Government Archive for the Citizens of Carmel-by-the-Sea aims to better serve Carmelites by posting City Council Agendas and Minutes, Staff Reports, Resolutions, Ordinances, Agenda Item Summaries, et cetera, and Agendas and Minutes of the Commissions and Boards from January 2008 to the present.

Saturday, December 06, 2008

Carmel Art Association Presents ALL MEMBER SHOWS, “ANNUAL MINIATURE & SMALL PAINTING SHOW,” “MISSION TRAILS” AND “BEST OF SHOW”

Carmel Art Association
“Celebrating 81 years of local art”
Voted “Art Gallery of the Year” by the Carmel Business Association three consecutive years.
W/s Dolores St. between 5th Av. & 6th Av.
10:00 A.M. – 5:00 P.M., Daily, except major Holidays.
Open to the Public at No Charge

“Founded in 1927, Carmel's oldest gallery features the work of more than 120 professional local artists, and is dedicated to presenting only the finest work for sale by artists living on the Monterey Peninsula.”

For more information, Online or (831) 624-6176.

Carmel Art Association Presents ALL MEMBER SHOWS, “ANNUAL MINIATURE & SMALL PAINTING SHOW,” “MISSION TRAILS” AND “BEST OF SHOW”

Thursday, December 4 – Tuesday, January 6, 2008
ALL MEMBER SHOW “ANNUAL MINIATURE & SMALL PAINTING SHOW” (Segal Room):
A holiday tradition since 1929, CAA artist members offer small paintings and miniatures for sale, including still life subjects, landscapes, abstracts and more in oil, watercolor, acrylic, and mixed media.

ALL MEMBER SHOW “MISSION TRAILS” (Entry Room):
CAA artists members’ depictions of the California Mission adobes, their gardens and statuary. Works in oil, acrylic, watercolor and mixed media.

Thursday, December 4 – Tuesday, February 3, 2008
ALL MEMBER SHOW “BEST OF SHOW” (Beardsley Room):
CAA artist members present treasured paintings, drawings, prints and sculpture representing some of their best work from the past or present. All are for sale.

NOTE: View Artists' Samples of Artwork and Biographical Information

Holiday Open House - Saturday, December 6, 6:00 – 8:00 P.M.
A festive Holiday Open House kicks off the season and opens the show on December 6. The CAA encourages you to bring a an unwrapped toy to place under the tree for the Salvation Army Toy Drive, and/or non-perishable food items for the Salvation Army Food Basket.

Thursday, December 04, 2008

PROJECTS PROGRESS REPORTS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project

ABSTRACT: An update to the PROJECTS IN PROGRESS: Storm Drain Improvements & Fourth Avenue Riparian Habitat and Pathway Project Post (Friday, November 14, 2008) is presented. Specifically, recent photos of the Storm Drain Improvements for San Antonio Avenue and 8th Avenue Project and the Fourth Avenue Riparian Habitat and Pathway Project are shown. Additionally, a representative photo of the recently completed resurfaced north/south crosswalks on Ocean Avenue is shown; the Ocean Avenue crosswalks project was one of four projects approved by the City Council at their regular meeting of 7 October 2008, awarded to the Don Chapin Company.

View of Storm Drain Improvement Project along San Antonio Av., North of 8th Av.

View of Storm Drain Improvement Project along 8th Av., East of Scenic Rd.

Pond, View from West to East along Fourth Av. between San Antonio Av. & N. Carmelo

Close-Up of Pond from Fourth Av.

View of Another Pond on Fourth Av., between San Antonio Av. & N. Carmelo.

Ocean Av. north/south Crosswalk @ Mission St., View to the North

Wednesday, December 03, 2008

MINUTES” for Three Noteworthy City Council Agenda Items

"MINUTES"
CITY COUNCIL MEETING
CITY OF CARMEL-BY-THE-SEA
December 2, 2008


X. Resolutions
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.


City Administrator, Rich Guillen, presented the staff report.

Mayor McCloud opened the meeting to public comment.

Stephen Moorer, Executive Director of PacRep, Representatives of the Forest Theater Guild and Children’s Experimental Theatre and Residents of Carmel, including Carolyn Hardy addressed Council. Concerns about the construction period were expressed; specifically the desire to have construction accomplished during the months of Fall 2008-Winter 2009.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE moved approval of a Resolution entering into an agreement with RMF Architects for architectural services in an amount of $131,000, seconded by Council Member HAZDOVAC and carried by the following roll call:

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

C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.

Public Safety Director, George Rawson , presented the staff report. The expenditure is the “status quo.”

Mayor McCloud opened the meeting to public comment.

No public comments.

Mayor McCloud closed the meeting to public comment.

Council Member ROSE moved adoption of a Resolution entering into an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services, seconded by Council Member TALMAGE and carried by the following roll call:

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

XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.


This Agenda Item was not presented at the City Council Meeting as scheduled on the Agenda. Instead, this Agenda Item was presented under IV. Extraordinary Business.

Pulbic Safety Director George Rawson presented the Staff Report.

City Manager of the City of Monterey Fred Meurer and Monterey Fire Chief Sam Mazza addressed the public at the meeting. City Manager Fred Meurer presented a history of fire departments consolidation, excess liaibility carriers concerns, financial realities and finally his commitment to provide fire department services to the City of Carmel-by-the-Sea by consolidating what had once been three fire departments into one "extraordinary" fire department, if the City Council should decide to commit to consolidation.

Interestingly, during deliberations of the City Council, all City Council Members articulated their endorsement of moving forward with the contract option with the City of Monterey, all except Mayor Sue McCloud.

(Source: Archived Videos, Regular City Council Meeting, December 2, 2008)

Tuesday, December 02, 2008

Three Noteworthy 2 December 2008 City Council Agenda Items

ABSTRACT: Three noteworthy 2 December 2008 City Council Agenda items, namely a status report on the Forest Theater Renovation and agreement with RFM Architects for architectural services in an amount of $131,000, a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services and Order of Council regarding options for future Carmel Fire Department management, are featured. A SYNOPSIS, consisting of selected excerpts from each Agenda Item Summary and/or Staff Report, is presented for each agenda item. COMMENTS are made on all agenda items.

CITY OF CARMEL-BY-THE-SEA
City Council Agenda
Regular Meeting
Tuesday, December 2, 2008


X. Resolutions
A. Receive a status report on the Forest Theater Renovation and adopt a Resolution entering into an agreement with RFM Architects for architectural services in an amount of $131,000.


SYNOPSIS:
Description: A revised conceptual plan was prepared by RFM Architects for review. Staff will present the revised plan and ask for the City Council to approve the plan in concept. Upon obtaining this approval, staff recommends entering into an agreement with RFM Architects to commence the schematic design phase.

Overall Cost:
City Funds: Total: $131,000
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: RFM Architects completed the conceptual plan under the initial direction of the Forest Theater Foundation. Subsequently, based on the public meeting, RFM Architects revised the conceptual plan under the direction of City staff. Their familiarity with the project provides continuity for moving into the next design phase.

Decision Record: A public meeting was held on June 19, 2008 at the Forest Theater site to receive input on the proposed renovation.

COMMENTS:
RMF Architects prepared a “revised conceptual plan” that incorporated the public comments received at the June 19, 2008 City Council meeting. Hence, the "schematic design proposal" submitted by RFM Architects incorporates the following as part of the renovation:

1. Site Planning that includes perimeter fencing, on-site parking, vehicle and pedestrian access, and infrastructure upgrades to the site utilities;

2. Provides for pathways to accommodate ADA slope requirements for audience access to pre-event areas, toilet and concession facilities, audience seating, etc.;

3. Removes the existing center aisle through the audience seating and creates quarter aisles including addressing bench seating for patron comfort;

4. Plans and designs audience amenities including new toilet facilities, concessions, and site for ticket sales;

5. Designs theater equipment and operating facilities for Theater productions;

6. Includes other professional review of the renovation planning such as a surveyor, a civil engineer, a landscape architect, a structural engineer and an electrical engineer.

The estimated time to complete the schematic design is three months, according to the Staff Report.

As part of the City’s Capital Improvement Fiscal Year 2008/09 Budget, the City budgeted $65,000 for “Forest Theater Master Plan-Design Work." Ergo, for the proposed total of $131,000, the City proposes a transfer of $66,000 from the Capital Improvement Reserve Fund to fund “the difference between the cost estimate and the budgeted amount,” an amount greater than the original budgeted amount of $65,000.


X. Resolutions
C. Consideration of a Resolution authorizing an interim agreement with the City of Monterey to provide Fire Department administrative and Division Chief services.


SYNOPSIS:
Description: As a result of the merger between the Pacific Grove and Monterey fire departments, the existing fire services agreement between the cities of Pacific Grove and Carmel will terminate on December 16, 2008. The City of Monterey has proposed an interim fire services agreement to offer continuity of administrative services and Division Chief (Duty Chief) coverage to Carmel. The City Administrator requests approval of the draft interim agreement.

Overall Cost:
City Funds: $ 11,250 per calendar month (funds are appropriated in the Fire Department FY 08-09 budget to cover this expense).
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution to allow the Monterey Fire Department to provide administrative and Division Chief services formerly provided by the Pacific Grove Fire Department to the City of Carmel-by-the-Sea.

Important Considerations: This fire services agreement will continue to preserve the quality of the firefighting system and the activities associated with effective fire protection. Approval of this agreement will provide staff additional time to further study and recommend the best option for future long-term administrative and Division Chief services.

Decision Record: Resolution 2008-32, authorizing execution of a fire services agreement with City of Pacific Grove to provide fire administrative services.

COMMENT:
An Important Consideration is “approval of this agreement will provide staff additional time to further study and recommend the best option for future long-term administrative and Division Chief services.” Since formally withdrawing from consolidation negotiations with the Cities of Monterey and Pacific Grove in January 2008, the Staff has had one year to “study” and “recommend the best option" for future fire protection services. That the staff does not have a “best option” implemented by December 2008 speaks to the fact that the City of Carmel-by-the-Sea is a poorly managed city.


XI. Orders of Council
A. Receive report and provide policy direction regarding options for future Carmel Fire Department management.


SYNOPSIS:
Description: Staff is seeking City Council direction regarding which options to pursue regarding the future management of the Carmel Fire Department. Staff has prepared a report containing three options and preliminary findings/comments concerning each option. Staff recommends the option of “contracting” as the preferred option to pursue.

Overall Cost:
City Funds: $2.9-$3.1 million – detailed costs to be determined pending final Council policy direction.

Staff Recommendation: Staff is requesting that City Council review the options contained in the staff report and provide policy direction. Staff recommends contracting as the next best step to managing the Fire Department.

Important Considerations: Staff will diligently work towards the preparation of a report for final City Council action in early 2009.

Decision Record: At its meeting of October 2, 2007, City Council provided policy direction authorizing Carmel to participate in a joint study with Monterey and Pacific Grove concerning fire department consolidation.

“Assuming City Council approves the proposed Monterey contract at its meeting of December 2, 2008, the Monterey Fire Department will begin to provide fire administrative services to Carmel commencing on December 16, 2008, through February 28, 2009. Because time is critical, the City of Carmel-by-the-Sea must finalize its study of options for future long-term fire management services and approve a new agreement in sufficient time to become effective on or before February 28, 2009,”according to the Staff Report prepared by Public Safety Director George E. Rawson.

Options include, as follows:
1. Full Service – Stand-Alone Fire Department: This option is very expensive and is not Recommended

2. Contracting: This option is the most logical and will probably be the most economical.

3. Joint Powers Authority (Merger/Consolidation): Establishing a Joint Powers Authority (JPA) to govern a merger of fire services is a possibility, but such anundertaking is contingent on with which agency Carmel ultimately merges. The committee believes the JPA option may be more expensive than contracting due to staffing needs that are similar to Option #1 (Stand-Alone).

FISCAL IMPACT:
$2.9-$3.1 million – detailed costs to be determined pending final Council policy direction.

EXHIBIT “A”
PRELIMINARY ANALYSIS
CARMEL FIRE DEPARTMENT ALTERNATIVES

STAND-ALONE
Pros
Local control
Promotional opportunities
Local knowledge (streets, hydrants, lack of addresses, etc.)
Productivity potential and increased oversight

Cons
Very costly!
Retention
Difficulty in recruiting

CONTRACT
Pros
Admin. team/shared costs
Improved staffing & infrastructure of resources
Workers’ comp liability reduced
HR responsibilities reduced
Preserves local knowledge
Favorably disproportionate share of costs

Con
Relinquish control of personnel costs

MERGER/JPA
Pros
Better control of salary
Local knowledge
Shared HR duties and responsibilities
Distribution of operational costs
Shared workers’ comp
Risk management liability exposure

Cons
Marginal return on investment
Need to hire more staff (Duty Chiefs and other admin. staff)
Partnering with agencies with uncertain financial status
Risk management liability exposure

COMMENT:
The City of Carmel-by-the-Sea was not acting in the best interests of Carmelites when the city prematurely withdrew from consolidation negotiations with the Cities of Monterey and Pacific Grove in January 2008. Moreover, the Carmel Professional Firefighters remain steadfast in their support of consolidation with the Monterey and Pacific Fire Departments. Ergo, consolidation or “contract” was always and obviously the “best option” for fire protection services for the citizens of Carmel-by-the-Sea.

(Sources:
City Council Agenda December 2008 and
City Council Agenda Packet December 2008)

Monday, December 01, 2008

WARNING: Theobromine Toxic to Our Animal Companions

BACKGROUND: There have been anecdotal reports of dogs ingesting Cocoa Mulch, a garden soil enhancement and weed control product sold at garden supply stores, and within 24 hours suffering seizures and death.

Cocoa Mulch, manufactured by Hershey’s, smells like chocolate and attracts some dogs and cats. It contains theobromine, a chemical in chocolate, which is toxic to dogs. Theobromine affects the heart, central nervous system, and kidneys, causing nausea and vomiting, restlessness, diarrhea, muscle tremors and increased urination. Cardiac arrhythmia and seizures are symptoms of more advanced poisoning. Other than inducing vomiting, veterinarians have no treatment or antidote for throbromine poisoning. Death can occur in 12 to 24 hours.

In an article in the Journal of the American Veterinary Medical Association in 1984, authors Arendt and Stowe wrote, as follows:

Cacao bean shells contain potentially toxic quantities of theobromine, a xanthine compound similar in effects to caffeine and theophylline. A dog, which ingested a lethal quantity of garden mulch made from cacao bean shells, developed severe convulsions and died 17 hours later. Analysis of the stomach contents and the ingested cacao bean shells revealed the presence of lethal amounts of theobromine.
(Source: J Am Vet Med Assoc. 1984 Oct 15;185(8):902, Drolet R, Arendt TD, Stowe CM.)

CONCLUSION:
Based on anecdotal reports of death resulting from the ingestion of lethal amounts of Cocoa Mulch, it is recommended that companion animal owners use other mulch products devoid of theobromine and caffeine for landscaping purposes.

RELATED LINKS:
PET OWNERS - - COCOA MULCH WARNING!!

Cocoa Bean Mulch
Cocoa Bean Mulch As A Cause Of Methylxanthine Toxicosis In Dogs by S. Hansen, H. Trammell, E. Dunayer, S. Gwaltney, D. Farbman, and S. Khan


Danger to dogs from cocoa bean mulch put in perspective

CREDIT: Alert about Cocoa Mulch and Theobromine provided by a concerned Carmelite.