Wednesday, May 26, 2010

Welcome TO THE CARMEL-BY-THE-SEA BEACH BLUFF PATHWAY

ABSTRACT: The City’s “Welcome TO THE CARMEL-BY-THE-SEA BEACH BLUFF PATHWAY” pamphlet is presented, particularly sections about the history and purpose of the Pathway, SAND AND CYPRESSES and LANDSCAPING PLANT LIST, with links to the Calflora website giving information and images of each plant. Actual photos of plants along the Beach Bluff Pathway, west side of Scenic Road between 8th Avenue and Santa Lucia Avenue, are presented for illustration purposes.

Welcome TO THE CARMEL-BY-THE-SEA BEACH BLUFF PATHWAY

This pathway, completed in June, 1988 has been designed to:

1. Provide a safe place for pedestrians to walk along Scenic Road.

2. Help direct beach users to the access stairs and ramps, thus reducing the threat of erosion.

3. Provide parking and access to the pathway and the upper beach for people of limited mobility.

4. Beautify and protect the upper bluff area with drought tolerant, low-maintenance plants.

5. Accomplish these goals in a manner in keeping with the natural character of the Carmel shoreline.

SAND AND CYPRESSES

The white sand beach with bluffs framed by dark green wind-sculptured Monterey Cypress trees is a sight to delight. These natural features have made Carmel Beach a special place for residents and visitors alike.

Unlike most sand which is deposited by river action, the white sands of Carmel Beach are eroded directly from granite “granodiorite” headlands of the Monterey Peninsula. The resulting sand grains are made of quartz and feldspar – producing a beach of smooth, soft white sand.

The amount of sand varies 10-12 feet with the season because of changes in wave action. There is more during summer and fall resulting in a broader beach. There is less sand during winter and spring when the sand is transported off shore. At this time the visible sandy portion of the beach may vanish and the beach as a whole is much narrower.

The Monterey Cypress trees belong to a species with extremely limited natural distribution. The trees along Scenic Road were mostly planted between 1915 and 1918. They have responded to wind and salt spray by taking individualistic wind-swept shapes.

LANDSCAPING PLANT LIST
CARMEL-BY-THE-SEA BEACH BLUFF PATHWAY


COMMON NAME (BOTANICAL NAME):
COLOR PLANTING
California Poppy

Alyssum
Not Native to California
Statice, Wavyleaf Sealavender
Not Native to California

Pacific Coast Iris (Iris Douglasiana)

A Profusion of Color

Yellow Sand Verbena (Abronia latifolia)
Native to California

Purple Sand Verbana (Abronia umbellate)
Native to California

Common Yarrow (Achillea millefolium)
Native to California

Paint Brush (Castilleja latifolia)
Native to California

Chrysanthemum (Chrysanthemum)
Not Native to California

Beach Morning Glory (Convolvulus soldanella)
Native to California

Live Forever (Dudleya caespitosa)
Native to California

Seaside Daisy (Erigeron glaucus)
Native to California

Lizard Tail Yarrow (Eriophyllum staechadifolium)
Native to California

California Poppy (Eschscholzia californica)
Native to California

Ferns (Ferns)
Native & Not Native Species to California

Pacific Coast Iris (Iris Douglasiana)
Native to California

Sea lavender (Limonium prezii)
Not Native to California

Lupine (Lupinus chamissonis)
Native to California

LOW SHRUBS
Manzanita (Arctostaphylos edmundsii)
Native to California

Dwarf Coyote Bush (Baccharis pilularis)
Native to California

Carmel Creeper (Ceanothus griseus “horizontalis”)
Native to California

Hybrid Rockrose (Cistus skaberii)
Not Native to California

Crimson Spot Rockrose (Cistus ladanifer)
Not Native to California; Invasive

English Lavender (Lavandula angustifolia)
Not Native to California

French Lavender (Lavandula dentate)
Not Native to California

Sticky Monkey Flower (Mimulus aurantiacus)
Native to California

Evergreen Currant (Ribes viburnifolium)
Native to California

Lavender Cotton (Santolina chamaecyparissus)
Not Native to California

Dwarf Bush Germander (Teucreum fruticans)
Not Native to California

EROSION CONTROL
Ice Plant

Ice Plant (Carpobrotus edule)
Not Native to California; Invasive

Pacific Dune Grass (Elymus Mollis)
Native to California

LARGE SHRUBS
Bush Mallow
Native to California

Strawberry Tree (Arbutus unedo)
Not Native to California

Brewer Saltbrush (Altiplex lentiformis “Breweri”)
Native to California

Australian Tea (Leptospermum laevigatum)
Not Native to California

Myoporum (Myoporum laetum)
Not Native to California

Karo Tree (Pittosporum crassilolium)
Not Native to California

Lemonade Berry (Rhus integrifolia)
Native to California

BARRIER PLANTS
Pride of Madeira

Ceanothus

Joyce Coulter Ceanothus (Ceanothus impressus)
Native to California

Julia Phelps Ceanothus (Ceanothus impressus)
Native to California

Pride of Madeira (Echium fastuosum)
Not Native to California; Invasive

Newport Escallonia (Escallonia “Newport Dwarf”)
Not Native to California

Mugo Pine (Pinus mugo)
Not Native to North America

Griselinia (Griselinia lucida)
Not Native to California

REFERENCES:
Calflora...”information on wild California plants for conservation, education, and appreciation.”
Calflora is 1. a website you can use to learn about plants that grow wild in California (both native plants and weeds); and 2. a nonprofit organization responsible for the website. Calflora is run by some volunteers and one part-time paid engineer.

The Jepson Herbarium
University of California, Berkeley
Index to California Plant Names


California Native Plant Society (CNPS)
Inventory of Rare and Endangered Plants

Friday, May 21, 2010

CRITICAL PUBLIC SAFETY ISSUE: Regional Joint Powers Authority Agreement for Fire Services

ABSTRACT: For the City of Monterey’s 26 May 2010 City Council Meeting, City of Monterey Fire Chief Sam Mazza prepared a report on the subject “Authorizing and Directing Participation in the Development of a Regional Joint Powers Authority Agreement for Fire Services.” HIGHLIGHTS of the report, the complete verbatim report, HIGHLIGHTS of the City of Pacific Grove City Manager Thomas Frutchey’s Agenda Item report “Selection of Preferred Option for Future Fire Services” and HIGHLIGHTS of the City of Seaside Fire Chief Jerry Wombacher's Staff Report "PARTICIPATION IN THE REGIONAL FIRE SERVICES JOINT POWERS AUTHORITY" are presented. A Preliminary Draft JPA Agreement is reproduced in a preceding post. Background: Since December 2009, a JPA Working Group consisting of management staff of the six “core” cities, namely Monterey, Seaside, Pacific Grove, Carmel-by-the-Sea, Sand City, and Del Rey Oaks, “has identified a Joint Powers Authority agreement as a viable and the preferred alternative to achieve the desired fiscal and operational efficiencies. This group has also initiated development of the framework of a JPA governance agreement. In addition, a JPA Executive Committee consisting of the City Managers of the “core” cities has endorsed the Working Group’s recommendations relative to this preferred solution and key points of the draft governance agreement.” On May 12, 2010, the Pacific Grove City Council unanimously authorized participation in the development of the proposed JPA agreement, and the Seaside City Council postponed action on May 20 until their next meeting in June 2010. Additionally, the Monterey Fire Fighters Association, Monterey Fire Management Association, Seaside Public Safety Management Association, and Carmel Professional Firefighters Association all endorse the regional fire JPA proposal, according to Fire Chief Sam Mazza.

HIGHLIGHTS of “Authorizing and Directing Participation in the Development of a Regional Joint Powers Authority Agreement for Fire Services,” by City of Monterey Fire Chief Sam Mazza:

To: City Manager

From: Fire Chief

Date: May 26, 2010

Subject: Authorizing and Directing Participation in the Development of a Regional Joint Powers Authority Agreement for Fire Services

...the 2007 fire service consolidation study by the cities of Monterey, Pacific Grove, and Carmel-by-the-Sea both concluded that consolidation of fire services among the cities would provide enhanced fiscal and operational efficiencies and effectiveness. Both studies recommended a Joint Powers Authority (JPA) as the best-fit governance model, and further recommended merging the existing fire management staffs to provide the capacity to conduct the longer range detailed analysis and planning necessary to achieve full consolidation.

In October 2009, the Monterey County Mayors Association tasked the City Managers to explore opportunities to achieve enhanced fiscal and operational efficiencies by sharing fire services. This led to a November 2009 meeting of Monterey Peninsula City Managers and other fire agency policy-level and executive-level leaders to further discuss conceptual approaches to achieving the Mayors’ Association goal. These discussions highlighted the current window of opportunity to achieve fiscal and operational efficiencies by improving organizational efficiencies in the multiple small fire agencies within the greater Monterey Peninsula region. The discussions resulted in general consensus that the concept of a joint sub-regional fire agency had sufficient merit to warrant further discussion and analysis, and a “core” group of six cities including Monterey, Seaside, Pacific Grove, Carmel-by-the-Sea, Sand City, and Del Rey Oaks was formed to further develop a solution that could be implemented relatively quickly yet be scaled to accommodate future partner jurisdictions.

Since then, a JPA Working Group consisting of management staff of the six “core” cities has identified a Joint Powers Authority agreement as a viable and the preferred alternative to achieve the desired fiscal and operational efficiencies. This group has also initiated development of the framework of a JPA governance agreement. In addition, a JPA Executive Committee consisting of the City Managers of the “core” cities has endorsed the Working Group’s recommendations relative to this preferred solution and key points of the draft governance agreement.

Current Proposal

A Joint Powers Authority (JPA) is a public entity created by agreement of two or more public agencies pursuant to Division 7, Chapter 5, Article 1, Sections 6500 et seq. of the California Government Code. Essentially, a JPA has powers and responsibilities similar to other public agencies, limited by the terms of the governing agreement. Each member agency appoints representatives to the JPA Board of Directors, which makes policy-level decisions governing the Authority.

The approach being considered for this Fire JPA would provide member agencies equal membership on the JPA Board of Directors. All agencies would continue to own their respective fire station facilities and equipment. Cost and operational advantages would accrue through economies of scale, particularly with consolidated headquarters staffing. Instead of operating as several independent fire departments, the envisioned JPA would operate as one unified department, with one Fire Chief and management staff scaled to manage the stations and personnel within the regional system.

The proposed JPA would be effective July 1, 2010 or as soon as possible thereafter, and would begin demonstrating operational and cost efficiencies immediately. However, due to significant administrative and labor relations matters that take considerable time to resolve (e.g., development of a CalPERS contract for a new agency can take one year or more before approval), the JPA is proposed to be implemented in three phases over approximately two years as follows:

Phase 1: Fire Chief Services (targeted effective July 1, 2010)

• JPA Board of Directors formed; initial members are agencies with fire resources: Seaside, Carmel-by-the-Sea, Monterey, and Pacific Grove

• Del Rey Oaks and Sand City will continue existing contractual relationships with Seaside and Monterey respectively during Phase 1

• JPA employs Fire Chief with the costs to be shared among all agencies using agreed cost sharing formula

• Member agencies appoint JPA Fire Chief as agency’s Fire Chief, with all authority to direct staff

• JPA Fire Chief would implement procedures to effect functional integration of member agencies’ fire services as soon as possible, including standardized training and operational procedures to achieve a single, fully integrated system.

• Member agencies continue to employ their existing command staff and fire station personnel

Phase 2: Fire Headquarters Services (targeted effective July 1, 2011)

• Fire command and administrative positions to be employed by the JPA with the costs to be shared among all agencies using the agreed cost sharing formula

Phase 3: Fire Station Services: (targeted effective July 1, 2012)

• All operational fire station personnel employed by the JPA

If the Council commits to the JPA, implementation will occur gradually over the next two years. In FY 2010-11, the City would pay its share for Fire Chief Services to the JPA, and would pay for all other services through the current budget process. Under the cost sharing formula and assuming all of the initial cities join the JPA, Monterey’s share of Fire Chief Services in phase 1 is 46.12%, or approximately $105,000. The costs for FY 2011-12 would reflect the cost of the shared headquarters services at approximately the same cost sharing percentage. The plan assumes the shared JPA costs for FY 2012-13 and beyond would utilize the same formula with Monterey’s share approximately 46%. After implementation of Phase 3, all staffing costs would be paid through the JPA.

COMPLETE VERBATIM REPORT "Authorizing and Directing Participation in the Development of a Regional Joint Powers Authority Agreement for Fire Services," by City of Monterey Fire Chief Sam Mazza:

CITY OF MONTEREY

To: City Manager

From: Fire Chief

Date: May 26, 2010

Subject: Authorizing and Directing Participation in the Development of a Regional Joint Powers Authority Agreement for Fire Services


Recommendation:

That the City Council authorize and direct staff to:

1. Continue development of a Joint Powers Authority (JPA) Agreement for fire services with the cities of Pacific Grove, Seaside, and Carmel-by-the-Sea; and

2. Present a final JPA agreement for approval by the City Council as soon as practical for implementation on or shortly after July 1, 2010.

Policy Implications:

The recommended action is consistent with the City Council’s strategic initiative to continue to seek and develop collaborative solutions with other local agencies and jurisdictions to enhance service levels, operational efficiency, and cost-effectiveness of fire and EMS services.

Fiscal Implications:

As proposed, the JPA would be implemented in three phases over approximately two years as described in the Discussion section of this report. The JPA would yield significant cost savings to the City for fire services, estimated to be $70,000 for Phase 1 and $340,000 annually for Phase 2 and thereafter. These savings would be reduced if any of the four “core” cities (Monterey, Seaside, Pacific Grove, and Carmel) should elect not to participate in the JPA.

Council should also be aware that Monterey has agreed to modify the fiscal model for existing contract fire services to Pacific Grove during the first phase to reflect incremental costs in lieu of the current proportional share methodology. That contract authorizes the City Managers of Monterey and Pacific Grove to revise the fiscal model by mutual written agreement, and this modification was offered to make the fiscal analysis more comparable between the proposed JPA alternative and a CalFIRE proposal that was also being considered by Pacific Grove. Under this revised fiscal methodology, Pacific Grove and Carmel will pay the incremental costs of the two former Pacific Grove chief officers for phase one. Pacific Grove will also continue to pay the direct personnel costs to staff the Pacific Grove station.

In phase two, all the participating cities will pay their proportionate share of all headquarters costs, and Pacific Grove will continue to pay the direct personnel costs associated with the Pacific Grove station. In phase three, all partner agencies will pay their proportionate share of headquarters costs and all direct costs associated with the staffing and operation of their respective fire stations.

Alternatives Considered:

No alternatives are suggested. Council could elect not to approve the proposed Resolution; however such action would result in higher costs for stand-alone fire services and would not be consistent with previous Council policy direction.

Discussion:

Background

The City of Monterey has participated with other local jurisdictions in shared services partnerships for many years, including the Fort Ord Reuse Authority (FORA), Transportation Agency of Monterey County (TAMC), Monterey Regional Water Pollution Control Agency (MRWPCA), Monterey-Salinas Transit Authority (MST), and the Presidio Municipal Services Agency (PMSA).

Specific to fire services, Monterey currently provides full or partial contract services to the Department of Defense, La Mesa Village, Sand City, Pacific Grove, and Carmel-by-the-Sea. Other local studies and examples of shared fire services include:

1981 LAFCO study of Monterey Peninsula fire services recommends consolidation of Monterey and Monterey Airport fire services

1993 Monterey invites other Peninsula cities to develop fire services Joint Powers Authority (JPA)

2000 Consolidation of Carmel Valley and Mid Carmel Valley Fire Districts

2004 Cities of Seaside and Marina conduct fire consolidation study; proposed consolidation fails to gain approval of Marina City Council

2007 Fire consolidation study conducted by the cities of Monterey, Pacific Grove, and Carmel-by-the-Sea recommends full consolidation using JPA governance model

2008 Symposium of Monterey County fire agency policy and executive-level leaders held to discuss opportunities for fire service partnerships in light of current state and local economic crisis as a window of opportunity to identify common interests and explore common sense alternatives to reduce costs and maintain vital public safety services to our respective communities

2008 Monterey and Pacific Grove consolidate fire personnel; Pacific Grove contracts with Monterey for full fire services

2009 Seaside fire department management and staffing study recommends continuing to expand its efforts with the City of Monterey including discussions regarding the feasibility of forming a sub-regional partnership to provide fire protection and EMS services

The 2004 Seaside-Marina fire service consolidation study and the 2007 fire service consolidation study by the cities of Monterey, Pacific Grove, and Carmel-by-the-Sea both concluded that consolidation of fire services among the cities would provide enhanced fiscal and operational efficiencies and effectiveness. Both studies recommended a Joint Powers Authority (JPA) as the best-fit governance model, and further recommended merging the existing fire management staffs to provide the capacity to conduct the longer range detailed analysis and planning necessary to achieve full consolidation.

In October 2009, the Monterey County Mayors Association tasked the City Managers to explore opportunities to achieve enhanced fiscal and operational efficiencies by sharing fire services. This led to a November 2009 meeting of Monterey Peninsula City Managers and other fire agency policy-level and executive-level leaders to further discuss conceptual approaches to achieving the Mayors’ Association goal. These discussions highlighted the current window of opportunity to achieve fiscal and operational efficiencies by improving organizational efficiencies in the multiple small fire agencies within the greater Monterey Peninsula region. The discussions resulted in general consensus that the concept of a joint sub-regional fire agency had sufficient merit to warrant further discussion and analysis, and a “core” group of six cities including Monterey, Seaside, Pacific Grove, Carmel, Sand City, and Del Rey Oaks was formed to further develop a solution that could be implemented relatively quickly yet be scaled to accommodate future partner jurisdictions. The objectives of this working group were to work cooperatively to:

• Identify and frame the key issues
• Define the scope and scale of a joint fire services agency
• Identify and explore shared governance options and associated costs
• Develop guiding principles

Council authorized participation in this initial study and analysis of joint sub-regional fire service options in December 2009. Participation did not commit the City to any proposed outcome, but rather provided the authority to participate in the working group’s analysis necessary to determine whether any of the potential joint services options could benefit Monterey and provide a higher level of service to the entire region by better utilizing existing resources.

Since then, a JPA Working Group consisting of management staff of the six “core” cities has identified a Joint Powers Authority agreement as a viable and the preferred alternative to achieve the desired fiscal and operational efficiencies. This group has also initiated development of the framework of a JPA governance agreement. In addition, a JPA Executive Committee consisting of the City Managers of the “core” cities has endorsed the Working Group’s recommendations relative to this preferred solution and key points of the draft governance agreement.

Current Proposal

A Joint Powers Authority (JPA) is a public entity created by agreement of two or more public agencies pursuant to Division 7, Chapter 5, Article 1, Sections 6500 et seq. of the California Government Code. Essentially, a JPA has powers and responsibilities similar to other public agencies, limited by the terms of the governing agreement. Each member agency appoints representatives to the JPA Board of Directors, which makes policy-level decisions governing the Authority.

The approach being considered for this Fire JPA would provide member agencies equal membership on the JPA Board of Directors. All agencies would continue to own their respective fire station facilities and equipment. Cost and operational advantages would accrue through economies of scale, particularly with consolidated headquarters staffing. Instead of operating as several independent fire departments, the envisioned JPA would operate as one unified department, with one Fire Chief and management staff scaled to manage the stations and personnel within the regional system.

Another key consideration regarding the JPA is its potential for fostering future cost-efficiency improvements through other forms of shared services. When successful, the JPA agreement could serve as a model for other regional services, such as police and public works.

The proposed JPA would be effective July 1, 2010 or as soon as possible thereafter, and would begin demonstrating operational and cost efficiencies immediately. However, due to significant administrative and labor relations matters that take considerable time to resolve (e.g., development of a CalPERS contract for a new agency can take one year or more before approval), the JPA is proposed to be implemented in three phases over approximately two years as follows:

Phase 1: Fire Chief Services (targeted effective July 1, 2010)

• JPA Board of Directors formed; initial members are agencies with fire resources: Seaside, Carmel-by-the-Sea, Monterey, and Pacific Grove

• Del Rey Oaks and Sand City will continue existing contractual relationships with Seaside and Monterey respectively during Phase 1

• JPA employs Fire Chief with the costs to be shared among all agencies using agreed cost sharing formula

• Member agencies appoint JPA Fire Chief as agency’s Fire Chief, with all authority to direct staff

• JPA Fire Chief would implement procedures to effect functional integration of member agencies’ fire services as soon as possible, including standardized training and operational procedures to achieve a single, fully integrated system.

• Member agencies continue to employ their existing command staff and fire station personnel

Phase 2: Fire Headquarters Services (targeted effective July 1, 2011)

• Fire command and administrative positions to be employed by the JPA with the costs to be shared among all agencies using the agreed cost sharing formula

Phase 3: Fire Station Services: (targeted effective July 1, 2012)

• All operational fire station personnel employed by the JPA

If the Council commits to the JPA, implementation will occur gradually over the next two years. In FY 2010-11, the City would pay its share for Fire Chief Services to the JPA, and would pay for all other services through the current budget process. Under the cost sharing formula and assuming all of the initial cities join the JPA, Monterey’s share of Fire Chief Services in phase 1 is 46.12%, or approximately $105,000. The costs for FY 2011-12 would reflect the cost of the shared headquarters services at approximately the same cost sharing percentage. The plan assumes the shared JPA costs for FY 2012-13 and beyond would utilize the same formula with Monterey’s share approximately 46%. After implementation of Phase 3, all staffing costs would be paid through the JPA.

At their May 12, 2010 meeting, the Pacific Grove City Council unanimously authorized participation in the development of the proposed JPA agreement, and the Seaside City Council will consider similar action on May 20. In addition, the Monterey Fire Fighters Association, Monterey Fire Management Association, Seaside Public Safety Management Association, and Carmel Professional Firefighters Association all endorse the regional fire JPA proposal.

HIGHLIGHTS of the City of Pacific Grove City Manager Thomas Frutchey’s Agenda Report “Selection of Preferred Option for Future Fire Services:”

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
AGENDA REPORT
May 5, 2010
SUBJECT: Selection of Preferred Option for Future Fire Services


RECOMMENDATION

Direct staff to:

1. Continue working with Carmel-by-the-Sea, Monterey, Seaside and other jurisdictions on the peninsula to fully develop a Joint Powers Authority for fire services; and

2. Present a finalized agreement for approval at either the June 2 or June 16 City Council meeting to implement the first phase of the JPA, effective July 1, 2010.

Conclusion. As outlined above, both CAL FIRE and a Monterey Peninsula JPA could provide high-quality fire services for the City of Pacific Grove. On balance, however, the JPA option (Scenario #4, above) is clearly preferable, for 5 primary reasons:

• Shared governance and local control;

• The $0.6M lower cost for next fiscal year and the comparable average annual cost over the first five years;

• The potential for evolving services and reducing costs (including a two-tiered retirement system) over time;

• The potential for expanding the JPA into additional service areas; and

• If the JPA doesn’t work, we then would have several options, including transitioning into a contract with CAL FIRE. However, if we were to go with CAL FIRE and were not satisfied, there is no easy way to transition to another approach.

Staff believes that this JPA represents an opportunity that may not arise again for many years to create a new model for collaborative service delivery that could be adapted for other City services and serve as a powerful tool for achieving long-term financial sustainability for Pacific Grove.

Thomas Frutchey
City Manager

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL AGENDA 440 Harcourt Avenue, Seaside
Thursday, May 20, 2010
7:00 p.m.
A G E N D A


BUSINESS ITEMS

16. Participation in the Regional Fire Services Joint Powers Authority
PURPOSE: Receive an update on the formation of the Regional Fire Services Joint Powers Authority and to consider membership in the Authority.

RECOMMENDATION: It is recommended that the City Council:

1. Receive and accept a report on the Regional Fire Services Joint Powers Authority;

2. Approve membership in the Regional Fire Services Joint Powers Authority and authorize staff to continue working with Carmel-by-the-Sea, Monterey, Pacific Grove and other jurisdictions on the Peninsula to fully develop a Joint Powers Authority for fire services;

3. Authorize the Mayor to sign the final agreement for the Regional Fire Services Joint Powers Authority for implementation of the first phase of the JPA, effective July 1, 2010.

ITEM NO. 16
CITY OF SEASIDE
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Ray Corpuz, City Manager
BY: Jerry Wombacher, Fire Chief
Daphne Hodgson, Deputy City Manager – Administrative Services
DATE: May 20, 2010
SUBJECT: PARTICIPATION IN THE REGIONAL FIRE SERVICES JOINT POWERS AUTHORITY


PURPOSE

The purpose of this item is to give the City Council an opportunity to receive an update on the formation of the Regional Fire Services Joint Powers Authority and to consider membership in the Authority.

RECOMMENDATION

It is recommended that the City Council:
1. Receive and accept a report on the Regional Fire Services Joint Powers Authority;

2. Approve membership in the Regional Fire Services Joint Powers Authority and authorize staff to continue working with Carmel-by-the-Sea, Monterey, Pacific Grove and other jurisdictions on the Peninsula to fully develop a Joint Powers Authority for fire services;

3. Authorize the Mayor to sign the final agreement for the Regional Fire Services Joint Powers Authority for implementation of the first phase of the JPA, effective July 1, 2010.

BENEFITS OF A JPA

The JPA option would optimize local control for fire services, and establish the City’s governance authority, albeit in a shared fashion, with other member agencies. The approach being considered would provide member agencies equal membership on the JPA Board. All agencies would continue to own their respective fire station facilities and equipment. Cost and operational advantages would accrue through economies of scale, especially in consolidated headquarters staffing. Instead of operating as several independent fire departments, the envisioned JPA would operate as one unified department, with one Fire Chief and a management staff scaled to only the minimum number of management staff required to manage the stations in the system.

The advantages of local control are especially compelling now, as cities and the State struggle with the anticipated spiking of employee retirement costs in the coming years. The Monterey County Mayors also tasked the city managers with tackling the retirement cost problem in a collaborative way and to affect needed changes without creating recruitment competitiveness disparities. So far, the city managers have all committed to pursuing second-tier benefit plans for future JPA employees, which would save significant money in the future. In addition, the city managers of the prospective JPA member cities have reiterated the vital importance of this change and acknowledge the opportunity for controlling these costs at the local level.

JOINT EXERCISE OF POWERS AGREEMENT FOR THE [Name to be determined] BY AND BETWEEN THE CITIES OF MONTEREY, PACIFIC GROVE, SEASIDE AND CARMEL-BY-THE-SEA

JOINT EXERCISE OF POWERS AGREEMENT
FOR THE [Name to be determined]
BY AND BETWEEN THE CITIES OF MONTEREY, PACIFIC GROVE, SEASIDE AND CARMEL-BY-THE-SEA


THIS JOINT EXERCISE OF POWERS AGREEMENT (“Agreement”), is made and entered into as of the ____ day of ______________, 2010 by and between the City of Monterey, a charter city, the City of Pacific Grove, a charter city, the City of Seaside, a general law city, and the City of Carmel-by-the-Sea, a charter city, each duly organized and existing in the County of Monterey, State of California under the constitution and laws of the State of California (individually or collectively referred to as “Member” or “Members”).

W I T N E S S E T H:
WHEREAS, each of the Members has authority for the provision of fire protection services within its respective jurisdiction; and

WHEREAS, the jurisdictional areas of the Members are contiguous to each other, are developed to substantially the same level of density, and are susceptible to the provision of fire protection services and facilities under common administration and management and with the same or similar equipment, resources, and personnel; and

WHEREAS, the Members recognize the advantages and efficiencies of consolidating each Member’s individual fire service resources into a single regional fire service agency to improve effectiveness through standardization and shared resources, and to enhance fiscal responsibility by eliminating duplication and achieving efficiencies through the operation and governance of a Joint Powers Authority (“JPA” or “Authority”); and

WHEREAS, the separate management and administration of fire services in each jurisdictional area by each of the respective Members, using separate equipment, resources, and personnel have resulted in duplication of effort, multiple administrations, and additional costs, which, in the judgment of the Members, could be eliminated, to the substantial advantage and benefit of the citizens and taxpayers of the Members, if the administration and management of the fire protection facilities and services employing common equipment, resources, and personnel were to be consolidated in a single public entity; and

WHEREAS, combining the management and administration of the Members as well as the equipment, resources, and personnel, can reduce costs and also lead to a higher level and quality of service; and

WHEREAS, the Joint Exercise of Powers Act (Government Code Section 6500 et seq. “the Act”) provides that two or more public Members may by agreement jointly exercise any powers common to the parties to the agreement and may by that agreement create an entity that is separate from the parties to the agreement; and

WHEREAS, members of a JPA have availed themselves of the right under Government Code Section 6508.1 to specify in the joint powers agreement that the liabilities of the JPA are not the liabilities of its Members; and

WHEREAS, the various Members have already demonstrated their ability to achieve service enhancements and efficiencies by contracting with each other, jointly training and providing services, and otherwise achieving functional consolidation in a wide variety of service areas; and

WHEREAS, the ongoing and increasing fiscal pressures on all Members make it imperative that they seek and take advantage of every conceivable opportunity to improve the cost-effectiveness of their services; and

WHEREAS, as a result of lengthy negotiations, the Members recognize the benefits of combining their respective fire service providers into one provider, and all desire to receive their fire services from a JPA; and

WHEREAS, the Members envision that the JPA will evolve to include other municipal services as opportunities for improved services and cost effectiveness arise.

WHEREAS, the governing board of each Member has determined it to be in the Member’s best interest and in the public interest that this Agreement be executed and that it is a participating Member of the this JPA; and

WHEREAS, by this Agreement, the Members desire to create and establish a JPA to provide the structure for this consolidation, and to enable the initial phase of the consolidation to be implemented, set forth terms and conditions governing the management, operation, and financing of what will be called the [name to be determined] and to exercise the powers described herein and as provided by law; and such is the purpose of this Agreement;

NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the Members hereto agree as follows:

ARTICLE I
DEFINITIONS
Section 1.1. Definitions.

For purposes of this Agreement, the following words shall have the following meanings.

“Act” means the Joint Exercise of Powers Act of the State of California, California Government Code Sections 6500 et seq., as it now exists or may hereafter be amended.

“Agreement” means this Joint Exercise of Powers Agreement.

“Authority” means the [name to be determined], the joint powers authority or JPA established by this Agreement as authorized by Government Code Section 6503.5.

“Board of Directors” or “Board” means the governing body of the Authority.

“Bonds” means bonds, notes or other obligations of the Authority issued pursuant to any provision of law which may be used by the Authority for the authorization and issuance of bonds, notes or other obligations.

“Bond interest and redemption expenses” means those sums of money required to be expended by the Authority from any bond interest and redemption fund to be established and maintained by the Authority for the payment of principal of and interest on bonds (if any) issued pursuant to this Agreement.

“Bond Law” means Article 2 of the Act, as now or hereafter amended, or any other law hereafter legally available for use by the Authority in the authorization and issuance of bonds to finance needed public facilities or services.

“County” means the County of Monterey, State of California.

“Fire Chief” means a person designated by the Board to plan, direct, manage, and oversee the activities and operations of the Authority including, but not necessarily limited to, fire suppression, hazardous material mitigation, fire and life safety code compliance and administrative support services.

“Fiscal Year” means the period from July 1st to and including the following June 30th, or such other period as the Board may specify by resolution.

“Finance Director” means the Finance Director of the Authority designated pursuant to Section 4.8 of this Agreement.

“Inception period” means the five-year period from the effective date of this Agreement.

“Joint Facilities” means all existing fire protection facilities, equipment, resources and property to be managed and operated by the Authority pursuant to Sections 2.2, 2.3, 4.16, and 5.4 hereof, (as particularly set forth in Exhibit “B” hereto attached and made a part hereof by reference) and, if and when acquired or constructed, any improvements and additions thereto and any additional facilities or property acquired or constructed by the Authority or the Members.

“Operation and Maintenance Costs” means those sums of money required to be expended by the Authority from a fund to be established and maintained by the Authority to finance the cost of maintaining and operating the Joint Facilities subject to the provisions of Section 4.16, including all administrative and management costs and all costs of maintaining equipment, resources and property and all personnel costs incurred after July 1, 2010, but excluding all capital costs and all costs of special services.

“Measure” or “Measures” means a revenue measure proposed by the Authority or two or more revenue measures proposed by each of the Members to assist the Members in funding their financial obligations to the Authority under this Agreement. If two or more revenue measures are proposed, “Success of the Measure” shall mean successful approval of all measures.

“Members” and “Member.” “Members” means the parties to this Agreement and “Member” means one such Member.

“Operating Fund” is defined in Section 5.4 of this Agreement.

“Secretary” means the secretary of the Authority designated pursuant to Section 4.7 of this Agreement.

“Service Area” means the combined aggregate jurisdictional service areas of the Members as they now exist and as they may hereafter be modified by annexation of territory to or exclusion of territory from the boundaries of any of the Members. The combined aggregate service areas of the Members as they now exist are delineated on the map attached hereto as Exhibit “A” and hereby made a part of this Agreement.

“State” means the State of California.

“Treasurer” means the Treasurer of the Authority designated pursuant to Section 4.8 of this Agreement.

ARTICLE II
GENERAL PROVISIONS
Section 2.1 Creation of [name to be determined].

(a) Pursuant to Section 6503.5 of the Act, the Members hereby create a public entity separate and independent from the Members hereto, hereafter to be known as the “[name to be determined],” pursuant to the terms and conditions set forth in this Agreement.

(b) Within 30 days after the effective date of this Agreement and after any amendment, the Authority shall cause a notice of such Agreement or amendment to be prepared and filed with the office of the California Secretary of State containing the information required by California Government Code Section 6503.5.

(c) Within 10 days after the effective date of this Agreement, the Authority shall cause a statement of the information concerning the Authority, required by California Government Code Section 53051, to be filed with the office of the California Secretary of State and with the County Clerk, amending and clarifying the facts required to be stated pursuant to subdivision (a) of Government Code Section 53051.

Section 2.2 Purpose.

The purpose of the Authority is to improve effectiveness of fire service through standardization, uniform adoption of best practices, and shared capabilities that one jurisdiction could not afford or otherwise provide, and to enhance fiscal responsibility by eliminating duplication of capabilities, through the governance of a Joint Powers Authority. In furtherance of this purpose, the Authority shall exercise the common powers of the Members to manage, operate, and maintain the Joint Facilities and to implement the financing, acquiring and constructing of additions and improvements to the Joint Facilities to provide the Area with efficient and economical fire protection services, and, if necessary, to issue and repay Bonds of the Authority. The Authority’s purpose is not to determine if, when, or how any of its Members approve development within their respective jurisdictions. Each of the Members is authorized to exercise all such powers (except the power to issue and repay revenue Bonds of the Authority) pursuant to its organic law and the Authority is authorized to issue and provide for the repayment of Bonds pursuant to the provisions of the Bond Law or other applicable law.

Section 2.3 Ownership of Joint Facilities.

Each Member shall continue to own that portion of the Joint Facilities now owned by each, respectively.

Section 2.4 Effective Date.

This Agreement shall be effective as of July 1, 2010.

Section 2.5 Term.

The term of this Agreement is 10 years.

ARTICLE III
POWERS AND OBLIGATIONS OF THE AUTHORITY

Section 3.1 General Powers.

The Authority shall have the power in its own name to exercise any and all common powers of its Members reasonably related to the purposes of the Authority, including but not limited to, the powers to:

(a) Seek, receive and administer funding from any available public or private source, including grants or loans under any federal, state and local programs for assistance in achieving the purposes of the Authority;

(b) Contract for the services of engineers, attorneys, planners, financial and other necessary consultants;

(c) Contract for supply, maintenance, and repair of Joint Facilities, vehicles, equipment, resources, and property and pay all Operation and Maintenance costs;

(d) Make and enter into any other contracts;

(e) Employ agents, officers and employees;

(f) Acquire, lease, construct, own, manage, maintain, operate, or dispose of (subject to the limitations herein) any buildings, works, or improvements;

(g) Acquire, hold manage, maintain, or dispose of any other real or personal property by any lawful means, including without limitation gift, purchase, eminent domain, lease, leasepurchase, license, or sale;

(h) Incur all authorized debts, liabilities, and obligations, including issuance and sale of bonds, notes, certificates of participation, bonds authorized pursuant to the Marks-Roos Local Bond Pooling Act of 1985, California Government Code Sections 6584 et seq. (as it now exists or may hereafter be amended), or any other legal authority common to the Members and such other evidences of indebtedness, subject to the limitations herein;

(i) Receive gifts, contributions, and donations or property, funds, services, and other forms of financial or other assistance from any persons, firms, corporations, or governmental entities, or any source;

(j) Sue and be sued in its own name and to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement;

(k) Seek the adoption or defeat of any federal, state, or local legislation or regulation necessary or desirable to accomplish the stated purposes and objectives of the Authority;

(l) Adopt rules, regulations, policies, bylaws, and procedures governing the operation of the Authority;

(m) To invest any money in the treasury pursuant to California Government Code Section 6505.5 that is not required for the immediate necessities of the Authority, as the Authority determines is advisable, in the same manner and upon the same conditions as local Members, pursuant to Section 53601 of the California Government Code as it now exists or may hereafter be amended;

(n) Carry out and enforce all the provisions of this Agreement, and have other powers necessary and proper to carry out the purposes of this Agreement;

(o) Exercise all other powers not specifically mentioned herein, but common to the Members and authorized by California Government Code Section 6508 as it now exists or may hereafter be amended; and

(p) Assign, delegate or contract with a Member or third party to perform any of the duties of the Board.

Section 3.2 Specific Powers and Obligations.

(a) Audit. The records and accounts of the Authority shall be audited annually by an independent certified public accountant, as provided in Section 4.8(d).

(b) Securities. The Authority may use any statutory power available to it under the Act and any other applicable laws of the State of California, whether heretofore or hereinafter enacted or amended, for issuance and sale of any revenue bonds or other evidences of indebtedness necessary or desirable to finance the exercise of any power of the Authority, and may borrow from any source including, without limitation, the federal government, for these purposes.

(c) Liabilities. The debts, liabilities or obligations, whether contractual or noncontractual, of the Authority shall be debts, liabilities or obligations of the Authority alone, and not the debts, liabilities and obligations of the Members. (Gov. Code § 6508.1).

(d) Hold Harmless and Indemnification. To the fullest extent permitted by law, the Authority agrees to save, indemnify, defend and hold harmless each Member from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, where the same arise out of, or are in any way attributable in whole or in part, to negligent acts or omissions of the Authority or its employees, officers or agents or the employees, officers or agents of any Member while acting within the course and scope of an Member relationship with the Authority.

(e) Manner of Exercise. For purposes of California Government Code Section 6509, the powers of the Authority shall be exercised subject to the restrictions upon the manner of exercising such powers as are imposed upon the City of Monterey.

(f) Review of Agreement. This Agreement shall be reviewed at a minimum every four years by the members, in order to consider amendments and other proposals; its terms and conditions may be reviewed more frequently whenever the Board agrees to do so.

Section 3.3 Withdrawal from Authority.

(a) Notice. A Member shall provide two years’ written notice to withdraw from the Authority, provided that withdrawals shall not be allowed during the initial five-year period from the effective date of the Agreement (the “inception period”).

(b) Any member withdrawing from the JPA shall be obligated to pay the Authority for the estimated Authority liability for any leave balances its former employees transferred to the Authority and for its share of any other Authority liabilities, including but not limited to Workers Compensation.

Section 3.4 Dissolution of Authority.

(a) Notice. The Authority shall dissolve, and its assets be distributed in accordance with the provisions of this Agreement, upon written notice by the Board of its intention to dissolve the Authority, provided that such notice shall be given 24 months prior to the date of dissolution.

(b) Distribution of Funds and Property. If the Board gives notice of its intent to dissolve the Authority pursuant to Section 3.4(a) above, any remaining funds, property or other assets of the Authority, following discharge of all debts, liabilities and obligations of the Authority, shall be distributed to the Members. The formula used to pay off any remaining unfunded liabilities at the time of dissolution, as well as to divide the assets, shall be the average of the annual funding formulas that have been in effect from July 1, 2010, through the fiscal year in which notice of intent to dissolve the Authority is given. The Members acknowledge that the real property used by the Authority as of the effective date of this Agreement is owned by the Members and will not be distributed according to this formula, but shall remain vested in the Member which owns each parcel. Notwithstanding the provisions of Government Code Section 6512, any remaining funds shall be distributed in accordance with the provisions of this paragraph.

(c) Distribution of Assets Acquired by Authority. Upon termination of this
Agreement, any assets acquired by the Authority during the period of its existence and still on hand shall be distributed to the Members in the manner to be determined by mutual agreement at the time of termination on the basis of appraised value at the time of termination and in accordance with the allocation formula which was in effect at the time of acquisition. The Board shall appoint any needed appraisers, and the cost of such appraisals shall be liabilities of the Authority.

ARTICLE IV
ORGANIZATION, GOVERNANCE AND FUNCTIONS OF AUTHORITY

Section 4.1 Governing Board.

(a) The Board shall govern the Authority in accordance with this Agreement and shall have one Board Member per Member. The policy-making body of each Member shall appoint a Board Member to serve for a term of two years, although a Board Member may be removed during his or her term or reappointed for multiple terms at the pleasure of the Member that appointed him or her. The Board Member so appointed shall be a voting member of the Member’s respective policy-making body or the city manager or equivalent of the Member or a department head of the Member.

(b) All voting power of the Authority shall reside in the Board.

(c) Each Board Member shall cease to be a member of the Board when such Board Member ceases to hold office on the legislative body of the Member that appointed him or her or to be the city manager or equivalent of the Member or to be a department head of the Member. Vacancies shall be filled by the respective appointing Members.

(d) The policy-making body of each Member may appoint one alternate member of the Board who shall serve in the absence of the Board member representing the Member for whom the alternate is appointed. Alternates, who shall be voting members of the Member’s respective policy-making body or the city manager or equivalent of the Member or a Department Head of the Member, shall have no voting power other than when serving for an absent Board member.

(e) The policy-making body of each Member shall also appoint a member to an
Administrative Committee to provide advice to the Board. Members of this Administrative Committee shall serve at the pleasure of the Member that appointed him or her, and vacancies shall be filled by the respective appointing Members.

Section 4.2 Compensation and Expense Reimbursement.

Board members shall not receive a stipend. Each Board member shall be reimbursed for reasonable and necessary expenses actually incurred in the conduct of the Authority’s business, pursuant to an expense reimbursement policy established by the Board in full accordance with all applicable statutory requirements.

Section 4.3 Voting.

All actions of the Board shall require the vote of at least a majority Board of members present and voting. Board members may not cast proxy or absentee votes. Each member shall have an equal vote.

Section 4.4 Weighted Vote.

Actions of the Board shall be by consensus, affirmation, or majority vote of those Board members present with each agency having one vote, unless a weighted vote is requested by any two Board members. In a weighted vote, the weighting would be based on the formula used to allocate shared resource costs among the member agencies. A Board action on a weighted vote requires both a majority of weighted votes and a simple majority vote. The weighted vote issue can be revisited if the JPA Board members represent the entire JPA service area rather than their individual jurisdictions.

Section 4.5 Conflicts of Interest.

(a) Political Reform Act. Board Members shall be considered “public officials” within the meaning of the Political Reform Act of 1974, as amended, and its regulations, for purposes of financial disclosure, conflict of interest and other requirements of such Act and regulations, subject to a contrary opinion or written advice of the California Fair Political Practices Commission. The Authority shall adopt a conflicts of interest code in compliance with the Political Reform Act.

(b) Levine Act. Board Members are “officials” within the meaning of California Government Code Section 84308 et seq., commonly known as the “Levine Act,” and subject to the restrictions of such act on the acceptance, solicitation or direction of contributions.

Section 4.6 Board Meetings.

(a) Time and Place. The Board shall meet at the principal office of the Authority or at such other place designated by the Board if notice is provided in the manner of notice of an adjourned meeting under the Ralph M. Brown Act, California Government Code Section 54950 et seq., The time and place of regular meetings of the Board shall be designated by resolution adopted by the Board, a copy of which shall be furnished to each Member at least 10 days prior to the next such regular meeting.

(b) Call and Conduct. All meetings of the Board shall be called and conducted in accordance with the provisions of the Ralph M. Brown Act and other applicable law. Board meetings shall be conducted also in accordance with such procedures as shall be adopted by the Board by resolution.

(c) Quorum. The Board members representing a majority of Members and a majority of the population in the service area shall constitute a quorum of the Board required to conduct the business of the Authority.

(d) Rules. The Board may adopt from time to time such bylaws, rules and regulations for the affairs of the Authority as are consistent with this Agreement and other applicable law.

(e) Minutes. The Secretary shall cause draft action minutes of all meetings of the Board to be drafted and mailed to each Member promptly after each meeting. Upon approval by the Board, such minutes shall become a part of the official records of the Authority. Section 4.7 Officers.

(a) The Board shall elect a Chair and Vice-Chair from among its members, and shall appoint a Secretary who may, but need not, be a member of the Board. The Chair and Vice-Chair shall serve a term of one year or such other period of time as may be designated in rules or bylaws established by the Board. The officers shall perform the duties normal to said offices, as described below.

(b) Chair. The Chair shall preside over all meetings of the Board and shall sign all contracts on behalf of the Authority, except contracts that the Board may authorize the Fire Chief or another officer, agent, or employee of the Authority to sign. The Chair shall perform such other duties as may be imposed by the Board in accordance with law and this Agreement.

(c) Vice-Chair. The Vice-Chair shall act, sign contracts and perform all of the Chair’s duties in the absence of the Chair.

(d) Secretary. The Secretary shall countersign contracts signed on behalf of the Authority, and shall be the official custodian of all records of the Authority. The Secretary shall attend to such filings as required by applicable law. The Secretary shall perform such other duties as may be imposed by the Board.

Section 4.8 Finance Director and Treasurer.

(a) The ________________ is hereby initially designated as the Finance Director and Treasurer of the Authority. The Board may appoint other persons possessing the qualifications set forth in Government Code Section 6505.5 to either or both of these offices. The Authority shall contract with the person or Member whose employee is appointed as the Finance Director and Treasurer of the Authority. The person or Member providing these services shall give the Authority six months’ written notice of its intention to cease providing these services.

(b) The Treasurer shall be the depositary and shall have custody of all of the accounts, funds and money of the Authority from whatever source. The Finance Director and the Treasurer shall perform the duties and functions and shall assume the obligations and authority set forth in Sections 6505 and 6505.5 of the Act.

(c) The Financial Director and Treasurer shall receive, invest, and disburse funds only in accord with procedures established by the Board and in conformity with applicable law.

(d) Annual Audits and Audit Reports. The Financial Director/Treasurer shall cause an annual financial audit to be made by an independent certified public accountant with respect to all JPA receipts, disbursements, other transactions and entries into the books. A report of the financial audit will be filed as a public record with each Member. The audit will be filed no later than required by State law. The Authority shall pay the cost of the financial audit and charge the cost against the Members in the same manner as other administrative costs.

(e) The Finance Director and Treasurer shall secure a fidelity bond. Section 4.9 Legal Advisor. The Board shall appoint a Legal Advisor for the Authority who shall provide legal advice and such other services as may be prescribed by the Board. Subject to such provisions of the Rules of Professional Conduct and other law as may apply, the City Attorney or their equivalent of one of the Members may serve as Legal Advisor for the Authority.

Section 4.10 Fire Chief.

The Board shall hire, evaluate, and terminate the Fire Chief, who shall be chief executive officer of the Authority and shall report to the Board. The Board may delegate the hiring, evaluating, and terminating of the Fire Chief to an Executive Committee comprising some or all of the City Managers or equivalent executive positions of the Members. The Fire Chief shall have the power to hire, evaluate, and discharge all subordinate employees of the Authority.

Section 4.11 Additional Required Services.

a. Finance, Human Resources and IT. The Authority shall initially contract with _________for finance, purchasing, risk management, information technology, and human resources services. These services shall be evaluated during each review of this Agreement as provided for in Section 3.2(f), or when directed by the Board.

Upon any such review, any Member may submit a proposal for the Board’s
consideration and, if none do so, the Board may contract with another qualified public entity to provide those services. A Member providing these services shall give the Authority and the other Members six months’ written notice of its intention to cease providing these services.

b. Equipment Maintenance. The Authority shall initially contract with ____________ for equipment maintenance of the Authority’s vehicles.

Section 4.12 Additional Officers and Consultants.

The Board may appoint additional officers deemed necessary or desirable. Such additional officers also may be officers or employees of a Member or of the Authority. The Board may also retain such other consultants or independent contractors as may be deemed necessary or appropriate to carry out the purposes of this Agreement.

Section 4.13 Bonding Requirements.

The officers or persons designated to have charge of, handle, or have access to any funds or property of the Authority shall be so designated and empowered by the Board. Each such officer or person may be required to file an official bond with the Authority in an amount established by the Board. Should existing bond or bonds of any such officer or persons be extended to cover the obligations provided herein, said bond shall be the official bond required herein. The premiums on any such bond attributable to the coverage required herein shall be appropriate expenses of the Authority. If it is prudent to do so, the Authority may procure a blanket bond on behalf of all such officers and persons.

Section 4.14 Status of Officers and Employees.

All of the privileges and immunities from liability, exemption from laws, ordinances and rules, all pension, relief, disability, worker’s compensation, and other benefits which apply to the activities of officers, agents or employees of the Authority when performing their respective functions within the territorial limits of a Member shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties under the provisions of this Agreement and Chapter 5 of Division 7 of Title 1 of the California Government Code, commencing with Section 6500. However, none of the officers, agents or employees appointed by the Board shall be deemed to be employed by any of the Members or to be subject to any of the requirements of such Members by reason of their employment by the Authority.

Section 4.15 Committees.

The Board may create standing and ad hoc committees to give advice to the Board of Directors on such matters as may be referred to such committees by the Board. Qualified persons shall be appointed to such committees by the Board and each such appointee shall serve at the pleasure of the Board. All regular, adjourned and special meetings of such committees shall be called and conducted in accordance with the applicable requirements of the Ralph M. Brown Act, Government Code Sections 54950 et seq., as it now exists or may hereafter be amended, and all other applicable law.

Section 4.16 Initial and Subsequent Phases of JPA

(a) The initial phase (“First Phase”) of the JPA will be for Fire Chief services.

(b) The Second Phase of the JPA will include headquarters Fire functions. These headquarters functions shall include, but not be limited to, Fire Administration, Fire Training, Fire Prevention, and the Duty Chief component of Fire Operations.

(c) The Third Phase of the JPA will be for full Fire services, including the remainder of Fire Operations, specifically the fire engine companies, ladder truck companies, and relief firefighters, as determined by the Board.

(d) As soon as practical after the effective date of the JPA, the First Phase of the JPA shall be implemented. The timing and manner of the implementation of the Second Phase and the Third Phase of the JPA shall be determined by the Board.

ARTICLE V
OPERATIONS AND FACILITIES

Section 5.1 Principal Office.

(a) The Principal Office of the Authority shall initially be the current office maintained by Monterey Fire Department in the City of Monterey. The Authority may establish another principal office from time to time by resolution of the Board.

(b) The Authority shall initially lease space for its Principal Office from Monterey. This lease shall be evaluated during each review of this Agreement as provided for in Section 3.2(f), or when directed by the Board. Upon any such review, any Member may submit a proposal for the Board’s consideration and, if no Member does so, the Board may arrange to lease space from another landlord. A Member providing space shall give the Authority and the other Members 6 months' written notice of its intention to cease providing that space.

Section 5.2 Assumption of Responsibilities by the Authority.

As soon as practicable after the effective date of this Agreement, the Members shall appoint their representatives to the Board and the City Managers or their equivalents shall jointly give notice of an organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings, shall elect a Chair and Vice-Chair, and shall appoint a Secretary as prescribed in Article IV. The Fire Chief shall give notice of an organization meeting of the Board annually thereafter.

Section 5.3 Delegation of Powers; Transfer of Records, Accounts, Funds, and
Property.

Subject to the provisions of Section 4.16, each of the members hereby delegates to the Authority the power and duty to maintain, operate, manage and control all of the fire protection facilities, equipment, resources and property of each of the respective Members within their territorial jurisdiction, as well as those a Member or the Authority may acquire in the future, including without limitation all fire stations, land, buildings and fire-fighting equipment, and to employ the necessary personnel and to do any and all other things necessary or desirable to provide continued, efficient, and economical fire protection services to the Area. The facilities managed by the Authority as provided in this paragraph constitute the Joint Facilities.

Section 5.4 Joint Fire Protection Operations and Maintenance Fund; Reserves and Capital.

The Authority shall create a joint fire protection operations and maintenance fund (herein called the “Operating Fund”). Upon the organization of the Board, the Authority shall maintain the Operating Fund and shall pay all personnel, contractual and administrative expenses of the Authority. Each of the Members shall pay into that fund its share of these costs of the Authority as set forth in Article VI of this Agreement. The Authority shall establish reasonable reserves as approved by the Members via annual budgets.

Subject to the provisions of Section 4.16, initially the Members intend for each Member to pay for the costs of owning, maintaining, repairing and replacing the fire stations and the fire apparatus in the stations and specified equipment and supplies for the fire stations and fire apparatus in the Member’s jurisdiction. Any Member who does not have a fire station in its jurisdiction will pay a portion of the costs of the stations and apparatus of the Members that have stations and apparatus, in accordance with budget policies adopted by the Board.

Section 5.5 Existing Scope of Joint Facilities and Services.

Upon commencement of this Agreement, each Member shall have fire stations within its jurisdiction with an engine company at each location. Subject to the provisions of Section 4.16, changes in the number of stations and the provision of staffing and fire safety services at each station shall be determined by the Board and specified in the annual budget.

ARTICLE VI
BUDGET: FUNDING FORMULA AND OTHER FINANCIAL PROVISIONS

Section 6.1 Annual Budget.

The Authority shall adopt an annual budget for each fiscal year. No expenditures may be made by or on behalf of the Authority unless authorized by a budget or budget amendment.

Section 6.2 Funding Formula.

Subject to the provisions of Section 4.16, the Authority’s command, administrative, and administrative overhead costs will be considered shared resources, and these costs will be
allocated among the member jurisdictions according to a shared resources cost allocation formula. These costs will include Fire Department management (e.g. Fire Chief, Assistant Fire Chief, Division/ Battalion Chiefs), fire prevention staff, fire training staff, and fire administrative analyst and/or fire administrative assistant support staff, as well as their supplies and services, equipment, vehicles, and office space. Subject to the Third Phase of the JPA provisions of Section 4.16, these costs will also include probationary fire academy training costs for new firefighters prior to their being assigned to an engine company, and relief firefighters. The shared resources costs will also include administrative overhead costs such as human resources, finance, risk management, it, and legal costs. In the Third Phase of the JPA, the shared resources may include line staff and/or other staff as determined by the Board.

The shared resources cost allocation formula is based on three factors, weighted separately. The three factors are: population, number of incidents (rolling three-year average), and minimum daily line staff in each Member jurisdiction and any jurisdiction for which the Member provides contractual fire service. The population and minimum daily line staff factors will be weighted equally, and the number of incidents (rolling three-year average) will be weighted twice as heavily as each of the other two factors. The shared resources cost allocation formula percentages for each Member will be updated by the Board annually, as well as any time a Member joins or leaves the Authority.

Starting in the Second Phase of the JPA as provided in Section 4.16, fire prevention fees shall be retained by the JPA and allocated among its member agencies according to the shared resources cost allocation formula.

Section 6.3 Allocation of Expenses.

After the Board approves submission of an annual budget to the Members, the Fire Chief shall forward that budget to each Member, along with his or her calculation of the share to be borne by each Member under the formula stated in Section 6.2 above. Approval of the budget by the Board shall also constitute approval of the allocation of the budget cost as calculated by the Fire Chief.

Section 6.4 Expenditures within Approved Annual Budget.

All expenditures within the limitations of the approved annual budget shall be made in accordance with the rules, policies, and procedures adopted by the Board.

Section 6.5 Disbursements.

Warrants shall be drawn upon the approval and written order of the Board and the Board shall requisition the payment of funds only upon approval of claims, disbursements and other requisitions for payment in accordance with the Agreement and other rules, regulations, policies and procedures adopted by the Board.

Section 6.6 Accounts.

All funds will be placed in the Operating Fund and the receipt, transfer, or disbursement of such funds by the Controller and the Treasurer shall be accounted for in accordance with the generally accepted accounting principles applicable to governmental entities, with strict accountability of all funds. All revenues, expenditures and status of bank accounts and investments shall be reported to the Board as frequently as the Board shall direct and, in any event, not less than annually, pursuant to procedures established by the Board.

Section 6.7 Establishment and Administration of Funds.

(a) The Authority is responsible for the strict accountability for all funds and reporting of all receipts and disbursements. It shall comply with every provision of law relating to the establishment and administration of funds, particularly Government Code Section 6505.

(b) All funds shall be accounted for on a full accrual basis.

ARTICLE VII
DISPUTE RESOLUTION

Section 7.1 Good Faith Negotiations.

The Members acknowledge that differences between them and among the Board
Members may arise from time to time and agree to make good faith efforts to resolve any such differences by means of good faith negotiations among the Members or Board Members, as the case may be. If such negotiations do not resolve a dispute, and no Member gives a notice to dissolve the Authority, as provided in this Agreement, then the Members shall resolve disputes in any manner permitted by law or in equity.

ARTICLE VIII
EMPLOYEE RELATIONS

Section 8.1 Employee Relations.

The Board shall maintain as necessary Employer-Employee Relations Procedures and Personnel Rules and Regulations applicable to the Authority. The Board may amend either or both items without referring the items to the Members.

Section 8.2 Annual Budget Issues.

In conjunction with the annual budget process described above, the Board shall consider the following: cost allocation plan, service goals, service performance standards, and labor relations agreements or memoranda of understanding (“MOU”), unless a multi-year MOU is in place.

Section 8.3 Bargaining.

Bargaining under the Meyers-Milias-Brown Act shall proceed as set forth in this section. Employees of the Authority are not employees of any Member. The Board and staff negotiators shall negotiate with the representatives of the Authority’s employees. After tentative agreement has been reached by the negotiating team and the representatives of the Authority’s employees, the Board shall act on the agreement.

ARTICLE IX
MISCELLANEOUS

Section 9.1 Amendments.

This Agreement may be amended by an affirmative vote of the governing bodies of all of the Members, acting through their governing bodies. A proposed Amendment must be submitted to each Member at least 30 days in advance of the date when the Member will consider it. An Amendment is effective immediately unless otherwise designated.

Section 9.2 Notice.

Any notice required to be given or delivered by any provision of this Agreement shall be personally delivered or deposited in the U.S. Mail, registered or certified, postage prepaid, addressed to the Members at their addresses as reflected in the records of the Authority, and shall be deemed to have been received by the member to which the same is addressed upon the earlier of receipt or 72 hours after mailing.

Section 9.3 Attorney’s Fees.

In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Member in such litigation or other proceeding shall be entitled to an award of its actual and reasonable attorney’s fees, costs and expenses incurred in the proceeding.

Section 9.4 Successors.

The Agreement shall be binding upon and inure to the benefit of any successor of a Member.

Section 9.5 Assignment and Delegation.

No Member may assign any rights or delegate any duties under this Agreement without the unanimous written consent of all other Members and any attempt to make such an assignment shall be null and void for all purposes. No creditor, assignee, or third party beneficiary of a Member has a right, claim, or title to any part, share, interest, fund, or asset of the Authority. However, nothing in this Section prevents the Board from assigning any interest or right it may have under this Agreement to a third party.

Section 9.6 Counterparts.

This Agreement may be executed in one or more counterparts, all of which together shall constitute a single agreement, and each of which shall be an original for all purposes.

Section 9.7 Severability.

Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any applicable law, or otherwise rendered unenforceable or ineffectual, the validity of the remaining parts, terms, or provisions of this Agreement shall not be affected thereby and to that end the parts, terms and provisions of this Agreement are severable.

Section 9.8 Integration.

This Agreement represents the full and entire Agreement among the Members with respect to the matters covered herein, and includes and incorporates by reference Exhibits A and B attached hereto.

Section 9.9 Parties to Agreement.

Each Member certifies that it intends to, and does, contract with every other Member which is a signatory to this Agreement and, in addition, with such other Member as may be later added as Members. Each Member also certifies that the deletion of any Member from this Agreement does not affect this Agreement or each remaining Member’s intent to contract with other Members then remaining.

Section 9.10 New Members.

All Members admitted after January 1, 2011 are New Members. A public entity may be admitted as a New Member only upon a two-thirds (2/3) vote of the Board and upon complying with all other requirements established by the Board and the Bylaws. Each applicant for membership as a New Member must pay all fees and expenses, if any, set by the Board.

Section 9.11 Liability Limits.

Subject to limitations thereon contained in any trust agreement or other documents pursuant to which Authority financing may implement, funds of the Authority may be used to defend, indemnify, and hold harmless the Authority, any Member, any Board Member or alternate, or any employee or officer of the Authority for their actions taken within the scope of their duties while acting on behalf of the Authority.

Section 9.12 Execution.

The legislative bodies of the members have each authorized execution of this Agreement, as evidenced by their respective signatures attested below.

CITY OF CARMEL-BY-THE-SEA

_______________________________
Mayor

Attest


_______________________________
City Clerk

Approved as to form


_____________________________
City Attorney

CITY OF MONTEREY

_______________________________
Mayor

Attest


_______________________________
City Clerk

Approved as to form


_____________________________
City Attorney


CITY OF PACIFIC GROVE


_______________________________
Mayor


Attest


_______________________________
City Clerk

Approved as to form


_____________________________
City Attorney


CITY OF SEASIDE

_______________________________
Mayor

Attest


_______________________________
City Clerk

Approved as to form


_____________________________
City Attorney


EXHIBITS
EXHIBIT A [Section 1.1]
MAP OF COMBINED, AGGREGATE SERVICE AREAS OF MEMBERS
EXHIBIT B [Section 1.1]
LIST OF EXISTING “JOINT FACILITIES”

NOTE: The signatory parties to the Draft Joint Powers Agreement are the four cities of Carmel-by-the-Sea, Monterey, Pacific Grove and Seaside; the cities of Sand City and Del Rey Oaks are not signatories at this time because Sand City and Del Rey Oaks have decided to continue as contractees, that is Sand City contracts with the City of Monterey and Del Rey Oaks contracts with the City of Seaside.

Source: CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: Thomas Frutchey, City Manager
MEETING DATE: May 5, 2010
SUBJECT: Selection of Preferred Option for Future Fire Services
CEQA: Does not Constitute a “Project” under California Environmental Quality Act (CEQA) Guidelines

Pages 43-66

Wednesday, May 19, 2010

SPECIAL CITY COUNCIL MEETING: Fiscal Years 2010/11 – 2012/13 Triennial Budget

ABSTRACT: WHAT, WHEN & WHERE of the SPECIAL CITY COUNCIL MEETING on Fiscal Years 2010/11 – 2012/13 Triennial Budget is presented with links to the Agenda and Draft Budget. COMMENTS are made on the DRAFT BUDGET.

WHAT: Fiscal Years 2010/11 – 2012/13 Triennial Budget Study Session & Public Hearing

WHEN: Thursday, May 20, 2010 @ 4:30 P.M.

WHERE: Council Chambers
East side of Monte Verde Street between Ocean Avenue and Seventh Avenue
Carmel-by-the-Sea, CA.

COMMENTS:
The Fiscal Years 2010/11 – 2012/13 Triennial Budget is debatable and problematic, for many reasons, including, as follows:

City Administrator Rich Guillen’s BUDGET MESSAGE FOR FISCAL YEARS 2010/2011 THROUGH 2012/2013 TRIENNIAL BUDGET states, as follows: "The 'Capitals' budget as submitted is almost completely funded by grant revenues." It is imprudent city policy to base a “Capitals” budget on grant revenues.

BUDGET RECOMMENDATIONS from the LABOR MANAGEMENT COMMITTEE, specifically, the limiting of capital projects to “projects that are required to be completed, have grant funding, and/or are needed to maintain the health and welfare of the community," is short-sighted and unwise. Additionally, projects cited, such as the Forest Theatre, restrooms at Scenic Road and Santa Lucia Avenue, should not be deferred to a more stable economic time considering these items should have been funded and realized years and years ago.

As one of the highest per capita spending cities in the State of California, the City does not need to focus on “Revenue Generation,” including, as follows:
1. Implement a phased paid parking program (short & long term).
2. Propose a Public Safety Assessment Property tax (long term).
3. Raise parking ticket fees (short term).
4. Consolidate the City elections with the general elections (long term).
5. Renegotiate contract with National Parking at Sunset Center (short term).
6. Evaluate and sell surplus equipment (short term).
7. Increase fees for special events (short term).
8. Establish a City-wide endowment fund (long term).
9. Re-institute the Banner Fee on a temporary basis (short term)
10. Evaluate the creation of City Sponsored events (long term).

Rather, the City needs to control expenditures by limiting exposure to serious and meritorious lawsuits against the City, including Miller, Jane Kingsley v. City of Carmel-by-the-Sea, et al (M99513), Flanders Foundation v. City of Carmel-by-the-Sea, et al. (M76728 and M99437) and Mandurrago, John, et al. v. City of Carmel-by-the-Sea, et al. (M97273 and M102802).

With a past City record of annual surpluses, an estimated total Reserve Fund Balance of $9,777,353 (as of 7/01/2010) and increasing reverse fund balances with each successive year, it is doubtful the City will expend the requisite budget amounts.

Of a total of 67 Full-Time City Employees, the budget does not include expenditures for the hiring of directors for two critical positions, namely Community Planning & Building Director and Public Works Director.

For FY 2010/2011, of the $1,045,946 total budget for Public Works, only $300,000 is budgeted for maintenance of streets, i.e., repave Junipero between Ocean Av. & 8th Avenue, when a study completed by Nichols Consulting Engineers concluded $660,000 must be expended annually for status quo (as of 2007) maintenance of streets.

For FY 2010/2011, of the $469,402 total budget for Legal, $335,000 is budgeted for “Professional Services” (non-salary); and $320,000 (FY 2011/2012) and $320,000 (FY 2012/2013). The total budgeted expenditures for all three fiscal years underestimates actual amounts due to probable attorney fees associated with Flanders II, potential attorney fees and court costs associated with the appeal of Mandurrago I and Mandurrago II and potential attorney fees, court costs and judgment costs associated with Jane Miller’s sexual harassment, employment discrimination and retaliation lawsuit against the City.

For FY 2010/2011, 2011/2012 and 2012/2013, the total budgets for Fire, $2,033,185 $2,120,595 $2,232,447, respectively, are underestimates by hundreds of thousands of dollars for actual costs given the known costs of a stand-alone department, merger with the City of Monterey or contract with Cal-Fire.

For FY 2010/2011, the total budget of $347,675 for Marketing and Economic Revitalization, including costs associated with Burghart + Dore Regional Destination Marketing, MCCVB Contract and Carmel Chamber of Commerce, is not commensurate with the expenditures for visitor amenities, such as adequate restroom facilities along Scenic Road at Carmel Beach.

ADDENDUM:
CITY OF CARMEL-BY-THE-SEA
CALIFORNIA
DRAFT BUDGET
FISCAL YEARS
2010/11 THROUGH 2012/13
MEMBERS OF THE CITY COUNCIL
SUE MCCLOUD, MAYOR
JASON BURNETT
PAULA HAZDOVAC
KAREN SHARP
KEN TALMAGE