Four Noteworthy 7 July 2009 City Council Agenda Items

ABSTRACT: Four noteworthy 7 July 2009 City Council Agenda Items, namely a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District, a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election and a report and provide policy direction on the schematic design of the Forest Theater renovation project. Selected excerpts from Agenda Items Summaries and Staff Reports are presented for Agenda Items. Informational COMMENTS are made on a selected Agenda Item.

AGENDA
Regular Meeting
Tuesday, July 7, 2009
4:30 p.m., Open Session
City Hall
East side of Monte Verde Street between Ocean and Seventh Avenues

Live and archived video streaming available

VII. Consent Calendar
These matters include routine financial and administrative actions, which are usually approved by a single majority vote. Individual items may be removed from Consent by a member of the Council or the public for discussion and action.

K. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services until January 31, 2010, in an amount not to exceed $94,500.

Description: The City of Monterey has offered the City of Carmel-by-the-Sea an extension to the initial interim fire administration and emergency incident management (Duty Chief) services agreement through January 31, 2010. The initial agreement became effective on December 15, 2008 and expired on February 28, 2009. This agreement provided the City with the services previously rendered by the Pacific Grove Fire Department.

The initial agreement also allowed the City of Carmel-by-the-Sea time to evaluate the feasibility of a long-term contract with Monterey. On March 25, 2009, the City Council further reviewed this issue at a workshop where it received a staff report, heard public comment, and provided policy direction.

Overall Cost:
City Funds: FY 08-09: $11,250 per calendar month (current contract ending June 30, 2009)

FY 09-10: $13,500 per calendar month (beginning July 1, 2009)

The increase for the new contract is $2250.00 per month. Sufficient funds were appropriated in the adopted Fire Department FY 08-09 and FY 09-10 budget, Contractual Services (Account # 72053).

Staff Recommendation: Adopt the resolution.

X. Resolutions
A. Consideration of a Resolution amending the Carmel/Carmel Valley/Ambulance Joint Powers Agreement with Carmel Valley Fire District.

Description: The Carmel Valley Fire District is managed by the Salinas Rural Fire Protection District. Salinas Rural staff recently completed a financial analysis of the Carmel Regional Fire Ambulance (CRFA) operations, which showed some duplication of effort that caused CRFA costs to be higher than expected and placed both the Carmel Fire District and the City in the position of subsidizing each other from time to time, creating an imbalance on how revenues and expenses are shared. The CRFA Board of Directors reviewed the attached amended JPA and the Fire Services Agreement and recommended to their respective legislative bodies that the agreements be approved. The only action needed by the City is to approve the JPA.

Overall Cost: If managed appropriately, it is likely that the current City subsidy of $400,000 will be less in future years without reduction in ambulance response time or decline in ambulance service levels.

Staff Recommendation: Staff recommends approval of the Resolution amending the JPA with Carmel Valley Fire District.

JPA amendment (to be approved by the City and Carmel Valley Fire District)
The amendments are written to update and represent the way that CRFA will operate in real time from this point forward:
• Article 1 eliminates Big Sur from the authority since it is no longer a member agency;

• Article 8(a) requires that Authority Ambulance Units are located within the geographic boundaries of the City and Carmel Valley Services Region;

• Article 11 defines the timeline for the annual budget adoption for the upcoming fiscal year;

• Article 16(c) shifts the responsibility of fee collections to the City;

• Article 18 defines the term of the JPA agreement which becomes effective upon approval by both the City and the Carmel Valley Fire District and continue until June 30, 2009; and

• Article 21 allows for additional agencies to join the JPA.

Fire Services Agreement (to be approved by CRFA and Carmel Valley Fire District)
The salient business points of this agreement are as follows:
• The term of the agreement will commence on July 1, 2009 and end on June 30, 2010;

• Payments for services rendered by Carmel Valley Fire District will be paid on a monthly basis; and

• Costs for services rendered by either agency will be based on actual costs for utilization of personnel or fair market value equipment rental.

Effective July 1, 2009, the City staff will have administrative oversight of the CRFA. This includes annual budget preparation, accounts payable, payroll, human resources and agenda preparation. The Carmel Valley Fire District previously handled these responsibilities.

B. Consideration of a Resolution Ordering an Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election.

Description: This resolution will call for a special election to allow the City electors to vote on the discontinuance and abandonment of the Flanders Mansion Property as Public Park Land.

Overall Cost:
City Funds: Unknown at this time
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

The Resolution contains the following provisions:
• A calling of the election and a request for consolidation with other elections

• A request for County services and an acknowledgment that the City will pay all costs

• The text of the ballot question for the ballot card

• A statement of what percentage of the votes constitutes approval of the ballot measure

• A request that the full text of the ballot measure, as set forth in an attachment to the Resolution, appear in the voter information pamphlet.

CITY OF CARMEL-BY-THE-SEA

BALLOT MEASURE – TEXT

Majority Vote

CITY OF CARMEL-BY-THE-SEA
Special Election
Consolidated with Statewide General Election

Majority Vote

Title:
APPROVE DISCONTINUANCE AND ABANDONMENT OF, AND AUTHORIZATION TO SELL, FLANDERS MANSION PROPERTY PUBLIC PARKLAND

Question:
Shall discontinuance and abandonment of the Flanders Mansion Property (APN 010-061-005) as public parkland, and authorization to sell the Flanders Mansion Property "with Conservation Easements and Mitigation" as passed on May 12, 2009 by the City of Carmel-by-the-Sea City Council by Resolutions No. 2009-30 through 2009-33, be approved?

Text:
The Flanders Mansion Property (APN 010-061-005) is an approximately 1.252 acre parcel located at 25800 Hatton Road in Carmel, Monterey County, California and situated within the Mission Trail Nature Preserve. This Ballot Measure approves the discontinuance and abandonment of the Flanders Mansion Property as public parkland and authorizes sale of the property with Conservation Easements and Mitigation. The City Council of the City of Carmel-by-the-Sea approved these actions on May 12, 2009 by adopting Resolutions No. 2009-30 through 2009-33. Before the City Council's authorization to discontinue, abandon and sell the Flanders Mansion property with Conservation Easements and Mitigation becomes effective, this ballot measure must be approved by a majority of voters in an election.

The Sale of the Flanders Mansion Property "with Conservation Easements and Mitigation is described in the Recirculated Draft Environmental Impact Report for the Sale of Flanders Mansion Property (SCH # 2005011108), dated January 2009, certified as revised in the Recirculated Final Environmental Impact Report, dated April 2009, by the City of Carmel-by-the- Sea City Council, by Resolution No. 2009-29 passed on Mary 12, 2009, as follows:

"This alternative would consist of recording conservation easements on certain portions of the Flanders Mansion Property in order to minimize potential impacts to the Lester Rowntree Arboretum and a number of existing trails that would need to be reconfigured as a result of the proposed project. Specifically, this alternative consists of applying a conservation easement (or reducing the parcel size) over portions of the Lester Rowntree Arboretum that are located within the boundaries of the Flanders Mansion parcel. This alternative would also consist of recording an easement or reducing the size along the eastern portion of the driveway to preserve existing trail access to the Mission Trail Nature Preserve (Serra Trail) and the Lester Rowntree Arboretum. A scenic/conservation easement covering the westerly/southwesterly boundary of the site to include areas bordering ESHA would be recorded to minimize potential biological impacts. The purpose of these easements would be to prevent a future property owner from erecting exterior elements or causing changes to the property within areas that are particularly sensitive, provide access to the Lester Rowntree Arboretum, and provide areas of the site that provide park benefits. These easements would restrict future development activities within portions of the site covered by the easement in order to reduce biological and aesthetic related impacts. Specifically, fencing, walls or other man-made features would be prohibited within the boundaries of the easements. These easements would run with the land and would be legally binding on any subsequent property owner. These easements are intended to reduce and/or avoid significant impacts due to the permanent loss of parkland, ensure that park benefits associated with the Property are preserved, provide continued public use of certain portions of the property, and protect environmental resources. The total land area covered by the easements would be approximately 0.5 acres. The total remaining area of the property under this alternative would be approximately 0.752 acres, and it is assumed that all conditions and mitigations identified in this RDEIR would be applicable. Figure 6-1 provides a graphical representation of the alternative parcel configuration and easements. Implementation of this alternative would retain existing park benefits associated with the Flanders Mansion Property, while still allowing the City to divest itself of the property. This alternative assumes that impacted trails would also be reconfigured and additional trail connections would be provided to address project impacts. This alternative is not use-specific; therefore, it is assumed that either a single family or low-intensity public/quasi-public use could occupy the property."

Areas to be subject to conservation easements are further shown on Figure 6-1 from the Recirculated Draft Environmental Impact Report, certified by the City of Carmel-by-the-Sea City Council as modified by the Recirculated Final Environmental Impact Report by Resolution Number 29 passed on May 12, 2009. Figure 6-1 appears below.


The mitigation measures included in the Sale with Conservation Easements and Mitigation are provided in the Mitigation Monitoring and Reporting Program approved by the City of Carmel-by-the-Sea City Council on May 12, 2009 by Resolution Number 2009-30. The Mitigation Monitoring and Reporting Program is to be recorded against the Flanders Mansion Property and will run with the land, binding future owners of the property, and provides as set forth below.

XI. Orders of Council
A. Receive a report and provide policy direction on the schematic design of the Forest Theater renovation project.

Description: Richard McCann of RFM Architects has nearly completed the schematic design for the Forest Theater Renovation Project. To complete the schematic design he must still do a field survey of the trees and obtain manufacturing information to determine whether the audience benches should be built on-site or fabricated off-site.

Overall Cost:
City Funds:
Performance Related Accommodations = $2,104,071
Audience Related Accommodations = $936,395
Site Infrastructure Related Accommodations = $319,248
Grant Funds: N/A

Staff Recommendation: Provide policy direction.

Important Considerations: RFM is prepared to continue as the renovation project architect. If they should remain the project architect, a contract must be approved by the City Council for design development.

Decision Record: At its April 7, 2009 meeting, the City Council requested that the project be separated into phases. RFM Architects has submitted a construction phasing proposal as part of the completed the schematic design.

RFM prepared a construction phasing proposal based on interrelated uses:
1. Performance Related Accommodations - stage (including grade level additions for CET) and seating are interrelated;

2. Audience Related Accommodations - audience support facilities for ticket sales, toilets, concessions, and site paths of travel are interrelated; and

3. Site Infrastructure Related Accommodations - electrical power, sound and lighting are interrelated

FISCAL IMPACT
RFM prepared cost estimates for the above three interrelated phases:
1. Performance Related Accommodations = $ 2,104,071

2. Audience Related Accommodations = $ 936,395

3. Site Infrastructure Related Accommodations = $ 319,248

The construction phases are essentially cost packages that collectively make up the entire project. The City Council may decide to complete one, two or all three of the construction packages. If the renovation project is to proceed, the next phase will be design development. The recently adopted Triennial Budget does not include any funding for the design development phase of the project. Based on the City Council’s policy direction, the City must amend the budget to include the next phase of the project.

COMMENTS
• Bonds, Insurance and Prime Contractor Fees T.B.D.

• REGULAR 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.

Since the passage of the aforementioned Resolution, the City has expended $38,226.86 to R.F. McCann & Company Architects, as follows:

118096 6/16/09 R.F. MCCANN & COMPANY ARCHITECTS $33,226.86 01 89429 FOREST THEATER MASTER PLAN PROJECT DESIGN SERVICES

117184 1/20/09 R.F. MCCANN & COMPANY ARCHITECTS $5,000.00 01 89429 FOREST THEATER MASTER PLAN DESIGN WORK

The Schematic Design was to be completed in three months, or approximately March 2009, and construction was to commence by April 2009, according to the Staff Report by City Administrator Rich Guillen, as follows:

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
FROM: RICH GUILLEN, CITY ADMINISTRATOR
DATE: DECEMBER 2, 2008
SUBJECT: RECEIVE A STATUS REPORT ON THE FOREST THEATER RENOVATION AND ADOPT RESOLUTION ENTERING INTO AN AGREEMENT WITH RFM ARCHITECTS FOR ARCHITECTURAL SERVICES IN AN AMOUNT OF $131,000.

The estimated time to complete the schematic design is three months. RFM recognizes the urgency of moving the project along quickly so that the renovation can be completed by the 2010 season (or the 100th anniversary of the Forest Theater).

FISCAL IMPACT
The total base fee for RFM Architects services is $131,000, which includes survey work and preliminary civil design. Not included in the base fee is a boundary survey of the Forest Theater property, which will cost an additional $10,000 (on a time and material basis). Other reimbursable costs such as travel, meals, etc. also will be in addition to the base fee.

SUMMARY
An agreement on the revised conceptual plan is very important prior to moving forward with schematic design. Once schematic design commences, it becomes much more difficult (and more costly) to make revisions to the agreed scope of the project. With the goal of completing the renovation by May 2010, the project must commence post haste so construction can be under way by April 2009.