Three Noteworthy 5 January 2010 City Council Agenda Items

ABSTRACT: Three noteworthy 5 January 2010 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, a Resolution entering into an agreement with DD Evans Consulting/Dadiw Associates to provide financial management services and an Ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes, are presented. Selected excerpts from Agenda Item Summaries, Staff Reports, Agreements and Ordinance are presented for Agenda Items. An informational COMMENT is made regarding The Flanders Foundation vs. City of Carmel by the Sea et al. (M99437)

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL AGENDA
Regular Meeting
Tuesday, January 5, 2010
4:30 p.m., Open Session

Live and archived video streaming available

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

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.

F. Consideration of a Resolution extending the agreement with the City of Monterey to provide interim Fire Administration and Emergency Incident Management Services.

Description: The City of Monterey has offered the City of Carmel-by-the-Sea an extension to the interim fire administration and emergency incident management (Duty Chief) services agreement which is due to expire on January 31, 2010. The initial agreement began on December 15, 2008, and was extended to January 31, 2010, to give staff additional time to explore the benefits and costs of alternative fire service options.

Staff is requesting City Council approval to extend the Monterey fire services contract to December 31, 2010. The extended agreement will give staff additional time to participate in the study described below, and to prepare reports related to other options for future City Council consideration.

Recent discussions between Monterey Peninsula policy and executive leaders indicate a strong interest in studying the feasibility of regionalizing fire protection services. On December 1, 2009, the City Council approved Resolution 2009-99, authorizing the City to participate in an “Initial Exploration and Analysis of Joint Fire Service Options” study.

The study will seek to identify important goals, with a focus on shared governance options, associated costs, response times, and other key issues relevant to fire protection services.

Overall Cost: No additional costs
City Funds: $13,500 per calendar month.*
*Contract extension does not increase existing monthly fee. Sufficient funds are appropriated in the adopted Fire Department FY 09-10 Budget, Contractual Services (Account # 72053).

Staff Recommendation: Adopt the Resolution extending the interim Fire Administration and Emergency Incident Management Services Agreement with Monterey, as outlined in Attachment “A”.

Important Considerations: Refer to Attachment “B” for details of the service agreement.

Decision Record:
Resolution 2008-89: initial fire services agreement approved.
Resolution 2009-47: first extension of agreement approved.

Amendment to Agreement to Provide Limited Fire Services between the Cities of Monterey and Carmel-by-the-Sea

ARTICLE I
TERM OF AGREEMENT
1.2 Extension of Term. The term of this Agreement is hereby amended to expire at 12:00 midnight on January 31, 2010.

ARTICLE III
DUTIES OF CARMEL UNDER THIS AGREEMENT
3.1 Payment for Fire Services. Carmel agrees to compensate Monterey for all services provided pursuant to the terms and conditions of this Agreement as follows:

(a) Effective July 1, 2009, $13,500.00 per calendar month, prorated at $450.00 per day of any portion of a day, for services provided during any partial calendar month.

(b) Carmel agrees to remit to Monterey the monthly fee in arrears of services provided on or before the 15th day of each month. The initial monthly payment of $6,000.00 shall be due on or before January 15, 2009 for services provided from December 16, 2008 through December 31, 2008. Therefore, monthly payments of $11,250.00 shall be due in arrears on or before the 15th of each calendar month for services rendered through June 30, 2009. Effective July 1, 2009 monthly payments of $13,500.00 shall be due in arrears on or before the 15th of each calendar month.

I. Consideration of a Resolution entering into an agreement with DD Evans Consulting /Dadiw Associates to provide financial management services at an annual cost of $84,000.

Description: With the departure of the Administrative Services Director to the Monterey Bay Unified Air Pollution Control District, staff proposes to fill the position on an interim basis. The proposal submitted jointly by DD Evans Consulting/Dadiw Associates will provide the expertise and financial oversight necessary to maintain the checks and balances of the City’s finances. Attachment “A” of the proposed agreement outlines the scope of work that Mr. Evans and Ms. Dadiw collectively will provide.

Mr. Evans’ work experience includes 30 years of service with the City of Monterey and two years with the City of Mountain View. He has worked as a consultant for the cities of Del Rey Oaks, Sand City and Seaside, and for the Monterey Peninsula Regional Park District. He currently serves as the Seaside Groundwater Basin Watermaster.

Ms. Dadiw’s clients include the Monterey Peninsula Regional Park District, City of Del Rey Oaks, Pebble Beach Community Services District, Monterey Regional Waste Management District and the Monterey Peninsula Regional Park District. She also has also worked with nonprofit agencies such as the Del Monte Forest Foundation, the Del Monte Forest Property Owners, and the YWCA of Monterey County.

Overall Cost:
City Funds: $84,000 annually

Staff Recommendation: Adopt the Resolution.

Important Considerations: Both Mr. Evans and Ms. Dadiw have extensive municipal and private financial background. The current annual cost for an Administrative Services Director position is $131,700. The cost per the proposal submitted by DD Evans/Dadiw is anticipated to be $84,000 annually. The expected savings is $47,700.

CONSULTANT: DD Evans Consulting
Dadiw Associates
2600 Garden Road, Suite 228
Monterey, CA 93940

AGREEMENT FOR CONSULTING SERVICES
THIS AGREEMENT is entered into on this 5th day of January 2010, by and between the CITY OF CARMEL-BY-THE-SEA, herein referred to as the "CITY") and DD Evans Consulting/Dadiw Associates hereinafter referred to as "CONSULTANT".

W I T N E S S E T H
WHEREAS, the CITY is interested in financial management services; and

WHEREAS, the CITY desires to retain the services of a qualified consultant to assist in developing an operating and capital improvement/equipment budget; and

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES
A. CONSULTANT shall perform quarterly all of the necessary services and prepare such reports and plans as described as Scope of Services set forth in Exhibit “A” attached hereto and incorporated herein by this reference. Said services and all duties incidental or necessary thereto shall be performed diligently and competently and in accordance with professional standards of performance.

2. COMPENSATION
A. The CITY shall pay CONSULTANT for services in accordance with this agreement an amount not to exceed $7,000 dollars per month ($7,000/mo.) including expenses, for FY 2009/2010, contract runs January 5, 2010 through June 30, 2013 subject to annual renewal agreeable to both parties.

IX. Ordinances
A. Consideration of an Ordinance abandoning and discontinuing use of the Flanders Mansion Parcel for park purposes. (First Reading)

Description: This Ordinance will formally abandon and discontinue the Flanders Mansion parcel located at 25800 Hatton Road (APN 010-061-005) as parkland and will allow the City to offer the parcel for sale.

Staff Recommendation: Adopt the Ordinance (1st Reading).

Important Considerations: On 3 November 2009, the citizens of Carmel-by-the-Sea voted to approve the discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes, and to authorize sale of the parcel as set forth in the Sale with Conservation Easements and Mitigation Alternative of the adopted Environmental Impact Report. The adoption of this Ordinance is consistent with state law governing the discontinuance of public parkland.

Decision Record:
• 12 May 2009 - City certifies and Environmental impact report for this project.
• 3 November 2009 – Carmel voters approve the discontinuance of the Flanders Mansion parcel as parkland.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
ORDINANCE 2010-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA ABANDONING AND DISCONTINUING USE OF THE FLANDERS MANSION PARCEL FOR PARK PURPOSES (First Reading)

WHEREAS, the City became owner of the Flanders Mansion Parcel as part of a much larger property acquired in 1972; and

WHEREAS, the Mansion and grounds were zoned as Improved Parkland and used by the public as part of the larger Mission Trails Nature Preserve; and

WHEREAS, over the years, the City authorized use of the Mansion for a variety intermittent occupancies, but none of these became established as a permanent use; and

WHEREAS, the City Council initiated processes to study selling the Flanders Mansion Parcel; and

WHEREAS, on 12 May 2009, after consideration of environmental and economic studies as well as extensive public comment, the City Council certified an Environmental Impact Report and adopted the Sale with Conservation Easements and Mitigation Alternative as the best means of divesting the Flanders Mansion property; and

WHEREAS, the City Council passed a resolution May 12, 2009, finding that the Flanders Mansion parcel is no longer necessary for City use; and

WHEREAS, on 16 June 2009, the City conducted a noticed protest hearing on the proposed discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes; and

WHEREAS, on 7 July 2009, the City Council adopted Ordinance No. 2009-6 calling for a ballot measure to allow the public to either approve, or not approve, discontinuance and abandonment of the use of the Flanders Mansion Parcel for park purposes; and

WHEREAS, on 3 November 2009, the citizens of Carmel-by-the-Sea voted, 913 to 552, to approve the discontinuance and abandonment of use of the Flanders Mansion Parcel for park purposes, and to authorize sale of the parcel as set forth in the Sale with Conservation Easements and Mitigation Alternative; and

NOW THEREFORE, the City Council of the City of Carmel-by-the-Sea does hereby ordain as follows:

Section One. Abandon and Discontinue. Upon the effective date of this ordinance the use of the Flanders Mansion Parcel for park purposes shall be abandoned and discontinued. The specific property subject to this action 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 (APN 010-061-005).

Section Two. Severability. If any part of this ordinance, even as small as a word or phrase, is found to be unenforceable such finding shall not affect the enforceability of any other part.

Section Three. Effective Date. This ordinance shall become effective 30 days after final adoption.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this ___th day of __________ by the following roll call vote:

AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:

SIGNED,

______________________________
SUE McCLOUD, MAYOR

ATTEST:

________________________
Heidi Burch, City Clerk

COMMENT:
• Case Details of GNM99437; The Flanders Foundation vs. City of Carmel by the Sea et al: Hearing, Wednesday, February 10, 2010, @ 9:00 A.M., Courtroom 14, Monterey County Superior Court, Monterey, CA., Judge Kay T. Kingsley.