Three Noteworthy 8 June 2010 City Council Agenda Items

ABSTRACT: Three noteworthy 8 June 2010 City Council Agenda Items, namely a Resolution approving a management policy for the City’s art collection, Receive report and provide policy direction on the City paid home mail delivery and Changes to the rules and regulations regarding fires on Carmel Beach, are presented. Excerpts from Agenda Item Summaries, Resolutions and Staff Reports are presented. In additional, the article entitled, “The Accidental Collection of Carmel, California,” by Sheryl Nonnenberg is reproduced.

AGENDA PACKET
Regular Meeting
Tuesday, June 8, 2010
4:30 p.m., Open Session

Live and archived video streaming

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

X. Resolutions

C. Consideration of a Resolution approving a management policy for the City’s art collection.

Description: The City has collected art since approximately 1928. Some of the art has been on display at various City buildings including the Library, City Hall and Sunset Center. A few years ago, a consultant completed an inventory and appraisal of the City’s art. The art must be managed by a qualified professional whose responsibilities will include managing the collection to include accession/deaccession, conservation, storage, insurance coverage, loaning and periodic inventory and appraisal updates.

The attached art management policy was developed by Sheryl Nonnenberg (see attached resume). Please note that Ms. Nonnenberg has a home in Carmel and has been informally advising the City for several years. With the adoption of this policy, the City would contract with Ms. Nonnenberg to: 1) research and prepare a report regarding the possible deaccessioning of works from the collection for review by the Council; and 2) upon Council approval of any works for deaccession, determine the best method to proceed and then oversee the process.

Overall Cost:
City Funds: $10,000
Grant Funds: N/A

Staff Recommendation: Adopt the Resolution.

Important Considerations: The need for an art management policy will assist in the possible deaccession of existing art and accession of new art. In addition, portions of the current collection are stored in a vault in the Sunset Center basement. This room does not have the proper storage equipment or climate control. A permanent central storage facility is needed so the art collection will be properly catalogued and maintained.

Decision Record: Recently, the City has: 1) completed an appraisal of all of the City’s art; 2) loaned two pieces of art; 3) conserved several other pieces; and 4) drafted this overall management policy.

CITY OF CARMEL-BY-THE-SEA
CITY COUNCIL
RESOLUTION 2010-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA APPROVING A MANAGEMENT POLICY FOR THE CITY’S ART COLLECTION

WHEREAS, the City began collecting art in 1928; and

WHEREAS, the City’s art collection has been inventoried and appraised; and

WHEREAS, a Management Policy is needed to protect the art collection including recommending deaccession of art; and

WHEREAS, a qualified consultant is needed to perform the management tasks; and

WHEREAS, Sheryl Nonnenberg is a qualified consultant and is willing to perform the duties of managing the City’s art collection.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA DOES:
1. Approve the Management Policy for the City’s art collection.

2. Authorize hiring Sheryl Nonnenberg to begin the deaccession process in an amount not to exceed $10,000.

3. Authorize the transfer of $10,000 from the Capital Reserve Fund.

PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF CARMEL-BY-THE-SEA this 8th day of June 2010, by the following roll call vote:

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

SIGNED:

_______________________
SUE McCLOUD, MAYOR

ATTEST:

_______________________
Heidi Burch, City Clerk

Sheryl Nonnenberg Submission:

“It is recommended that the City adopt a formal policy for acquisitions, so that the primary focus of the Collection is regional art that reflects the long history of Carmel-by-the-Sea as an art center.”

COLLECTION PARAMETERS
1. Work by artists who have lived, worked, taught in Carmel. Also those who studied or belonged to regional art associations, such as the Carmel Art Association.
Famous artists such as Edward Weston, Armin Hansen, Mary DeNeale Morgan and Jules Tavernier and contemporary Carmel artists such as Dick Crispo and Bill Bates, members of the Carmel Art Association.

2. Art of or about Carmel localities. This category includes artists who may not have lived in the area, but used it as subject matter in their work.
George Demont Otis and Stanley Wood.

3. Art pertaining to Carmel history (people and places). Again artists who may or may not have lived in the area.
George Sterling, Robinson Jeffers, J.F. Devendorf and Forest Theater Posters.

4, Art that can be safely, effectively and appropriately cared for by the city staff. Concerns here include: stability, size, storage ramifications and possibility for public display.
Deaccession example include recent gift of abstract paintings by Rudolf Haegele.

5. Contemporary art by established artists, with subject matter, such as seascapes, that can be related to the history/geography of Carmel.
“Night Seascape Banner” by Roy Lichtenstein.

6. General gift category
Artworks intended to be sold, with proceeds going towards the care and maintenance of the art collection.

Resume – Sheryl Nese Nonnenberg
5 Sunrise Court
Menlo Park, CA 94025
650-854-3864, Nonnenberg@aol.co

ADDENDUM:
The Accidental Collection of Carmel, California
By SHERYL NONNENBERG

September/October 2009 | FINE ART CONNOISSEUR.COM

When the stagecoach topped the hill from
Monterey and we looked down through
the pines and sea fog on Carmel Bay, it
was evident that we had come without
knowing it to our inevitable place.
— Robinson Jeffers, 1914


— The California village of Carmel-by the Sea is known around the world for its white sand beaches, windbeaten pines, mild climate, and charming cottages inspired by those in the Cotswold hills of England. Tourists flock to this small city on the Monterey Peninsula year-round to shop, play golf, explore art galleries, dine at fine restaurants, and enjoy scenic coastal walks. Carmel has never been shy about promoting its unique beauty and cultural activities to potential tourists. Moreover, most promotional materials cite Carmel’s origins as an “artist colony.”

What few people know, however, is that the city of Carmel possesses a large and impressive art collection, one that has accumulated over 90 years totally without plan. In an era when other municipal governments have created “percent-for-art” programs and other mechanisms for beautifying their communities, Carmel has never spent a penny on the purchase of art. To understand how this could occur, it is helpful to review the history of the Carmel-Monterey area, an “inevitable place” for artists to live and find inspiration.

WAVES OF SETTLEMENT
It is generally assumed that artists flocked to the peninsula following the devastating San Francisco earthquake of 1906. But in his well-researched book, Artists at Continent’s End, curator Scott A. Shields provides ample proof that artists began visiting as early as the mid-1870s. Jules Tavernier is usually cited as one of the first to seek respite from the bustle of rapidly growing San Francisco. The rugged beauty of the coast, fleeting changes of sunlight, and moody transience of the fog soon attracted other artists such as Elizabeth Strong, Julian Rix, Meyer Strauss, and Raymond Yellan. By 1878, painters working under colorful umbrellas dotted the area’s beaches. Soon the Southern Pacific Railroad opened a line that could bring travelers from San Francisco to Monterey in just a few hours. Some artists, such as William Keith and George Innes, bought land and built cottages. For most, however, a day trip south provided enough inspiration and a folio of sketches that could be worked up later in a San Francisco studio.

In 1903, J. Franklin Devendorf and Frank Powers formed the Carmel Development Company and began promoting their town as a place where
“School teachers of California and other Brain Workers” could find peace, contentment, and a healthful climate. Soon, professors from Stanford University and the University of California (Berkeley) began to buy lots, usually for less than $100. Artists and writers followed before long and became known as the “Bohemians.” The artists included Charles Rollo Peters, Harry Stuart Fonda, Xavier Martinez, Frances McComas, Mary
DeNeale Morgan, and Arthur and Lucia Mathews. Among the writers were George Sterling, Mary Austin, Jack London, and Robinson Jeffers.

Unlike such predecessors as Thomas Hill and Albert Bierstadt, who had come to California for the mountainous grandeur of Californian sites like Yosemite, the artists who came to Carmel were interested primarily in the coastal landscape. Working in various styles, but especially impressionism and tonalism, they captured the ever-changing panorama of sea, sand, and pines. The Bohemians enjoyed an active social life, captured by the photographs of Arnold Genthe, which record clam bakes on the beach and amateur theatricals in the woods.

The 1906 earthquake destroyed the San Francisco studios and homes of many artists, including William Keith and Carleton Watkins. Those who owned second homes in Carmel moved there permanently, while others relocated to Santa Barbara and Los Angeles. With the destruction of many San Francisco galleries, Monterey’s luxurious Hotel Del Monte became an important place to exhibit art in northern California. Artists continued to visit the peninsula to work and sell, but by 1915 the original Bohemians had moved on. Some felt Carmel was now too crowded, while others found the carefree, undisciplined lifestyle unconducive to producing enough artworks to make a living. Although Carmel would always be attractive to artists, there would never again be an established colony like the Bohemians.

A NEW FOCAL POINT FOR COLLECTING
Carmel continued to grow, though always with an eye toward preserving its charm. In 1928, a public library was completed downtown through a generous bequest from Ella Reid Harrison, the wife of California Supreme Court Justice Ralph Chandler Harrison. Designed by architect Bernard Maybeck with open-beamed ceilings, large arched windows, and an outdoor balcony, the Harrison Library epitomizes the harmonious Spanish Colonial style for which he is admired. But Mrs. Harrison did not bequeath only construction funds; she also left to the library her extensive and eclectic collection of artworks and rare books. The gift included paintings by local artists, etchings by Rembrandt and Millet, and even a letter signed by Charles Dickens. It was promptly housed in the library’s storerooms and became the basis for the Carmel by the Sea Art Collection.

As the second and third waves of artists arrived in Carmel, they sought not to re-create the Bohemian experience but to establish an organization that could address the needs of working artists. Founded in 1927, the Carmel Art Association is the second oldest nonprofit artist cooperative in the U.S. From its humble beginnings in a variety of venues, this group offered lectures and demonstrations, and provided its members with a place to exhibit and sell their work. Today artists must already have exhibition experience and live within 35 miles of Carmel in order to be considered for membership. Some of the most illustrious early members included Francis McComas, Armin Hansen, Percy Gray, and E. Charlton Fortune. Not surprisingly, many members have donated their art to the city’s collection over the years.

The other primary source of gifts to this collection has been nonartist residents. From a distance, it may seem odd for such citizens to give artworks to a library, and also that the community never developed its own municipal art museum. Having said this, one must keep in mind the unique demographics of the area. Although it certainly has full-time residents, Carmel has always had proportionally more “second homes.” (Today as many as 50 percent of its houses are estimated to fall in this category.) As people have moved away, or died without heirs, their art collections have gradually been donated to the Harrison Library.

And so, without any conscious effort, this sleepy town has become the steward of a large art collection. Like most U.S. art museums, the Harrison Library has room to display only a small portion of its treasures, the vast majority of which are in storage. Usually on view are some of the collection’s oldest works: paintings by Mary DeNeale Morgan, William Silva, and Sidney Yard, and also an unusual work painted on cigar box lids by Jules Tavernier, Cypress Point and Monterey. The collection includes important works by Charles Rollo Peters, Arnold Genthe, Josephine Culbertson, Ferdinand Burgdorff, and Edward Weston. The contemporary artists represented include Dick Crispo, Loran Speck, Pam Carroll, and Morley Baer. One of the most notable works, Armin Hansen’s Animals and Figures (The Story of Life), has been moved out of the library for conservation reasons and can now be found in the City Council Chambers. Artworks have also been installed in various offices at City Hall, in the Park Branch of the library, and in the recently remodeled Sunset Center, a performing arts venue.

THE ROAD AHEAD
Today, Carmel by the Sea finds itself with an intriguing conundrum. Given its very small staff, limited storage, and uncertain tax revenues, the city is trying to determine how best to care for its collection. In 2007, a professional appraisal (the first in many years) revealed that a number of works had increased in value substantially. Because there has never been a designated registrar to administer the collection, its documentation is haphazard. Various advisory groups (composed mostly of local artists) have called public attention to the situation, but no meaningful progress has been made. Moreover, the random nature of gifts and bequests over the years means that many objects in the collection (e.g., Japanese woodblock prints, clocks, tapestries) lie well outside its regional scope and thus may eventually be deaccessioned. Recently, a consultant was hired to make recommendations regarding future management of the collection.

Perhaps none of this is surprising for a town where Clint Eastwood was once mayor, high heels are banned, and a major city-sponsored event is the annual Sand Castle Contest. Social trends come and go, but art will always be a mainstay of this remarkable community. As Arnold Genthe once observed, “The unique beauty and charm of Carmel will never cease to be an inspiration to painters and writers.” 

SHERYL NONNENBERG is an art researcher/writer who lives in the San Francisco Bay Area.

XI. Orders of Council

A. Receive report and provide policy direction on the City paid home mail delivery.

Description: Carmel resident Carolina Bayne recently requested that the Council reconsider City-paid home mail delivery. Ms. Bayne has submitted background materials (see attached) that include: 1) a letter from the USPS regarding its need for a numbering system prior to implementing mail delivery; 2) Article 9 of the 1998 California Code mandating that address numbers be clearly posted; and 3) a memo that went to the Council adopting the 1997 Uniform Fire Code as an Ordinance.

Overall Cost:
City Funds: $50,000 annually
Grant Funds: $0

Staff Recommendation: Provide policy direction.

Important Considerations: Mail delivery by the USPS, if instituted, would require that homes within the City limits have clearly posted addresses. The City has a longstanding tradition of not having home addresses; instead, mail delivery has occurred at the Carmel Post Office. The Uniform Fire Code requires “address” identification, but has not been implemented as part of the Municipal Code.

Decision Record: Commencing in 2001, the Council approved the funding of home mail delivery in the amount of $60,000. A reduced amount of $50,000 was authorized shortly thereafter and approved annually as part of the City’s operating budget. The home mail delivery contractor is Peninsula Messenger Service.

B. Consideration of changes to the rules and regulations regarding fires on Carmel Beach.

Description: The City currently allows recreational fires on Carmel Beach south of 10th Avenue and west of the high-tide line. This item discusses whether the existing rules regarding beach fires should be modified.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Staff Recommendation: Provide direction regarding beach fires.

Important Considerations: Carmel Beach is one of the City’s most important and enjoyed assets. The General Plan encourages allowing beach fires south of 10th Avenue, while also recognizing the City’s responsibility to protect the white sand beach. Rules and regulations have been developed over the years in an attempt to limit the negative
impacts of beach fires.

Decision Record: The Forest and Beach Commission made recommendations to the City Council on 2 July 2009. The Planning Commission made recommendations to the City Council on 12 August 2009.

CITY OF CARMEL-BY-THE-SEA
DEPARTMENT OF COMMUNITY PLANNING AND BUILDING
STAFF REPORT
TO: MAYOR MCCLOUD AND COUNCIL MEMBERS
FROM: SEAN CONROY, PLNG & BLDG SERVICES MANAGER
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
DATE: 8 JUNE 2010
SUBJECT: CONSIDERATION OF CHANGES TO THE RULES AND REGULATIONS GOVERNING FIRES ON CARMEL BEACH

BACKGROUND & DESCRIPTION
Carmel Beach is one of the few white sand beaches in California and is a renowned tourist destination. Consistent with the California Coastal Act, Carmel Beach provides extensive public coastal access and recreational opportunities. One of these recreational opportunities is the allowance of fires on the beach south of 10th Avenue.

Fires have always been allowed on Carmel Beach. Over the years, various regulations and restrictions on the size and location of fires have been implemented to minimize some of the negative impacts unregulated fires have on the quality of the beach experience for all beach users.

Among the negative impacts unregulated beach fires are:
• Staining of the white beach sand with charcoal.
• Left over trash and garbage.
• Nails and other debris from burned pallets left in the sand.
• Effects of smoke to neighboring residents.
• Accidents from hot coals that were covered with sand rather than extinguished with water.
• Charcoal graffiti on sea walls.

The General Plan allows beach fires south of 10th Avenue, while also recognizing the City’s responsibility to protect one of its most important assets, the white sand beach.

In the past, the City has used large fire rings to try to mitigate some of the negative impacts. These rings, however, became loaded with large amounts of burned and partially burned trash and seemed to be perpetually smoldering. The area around the rings also became heavily stained from charcoal blowing out of the ring or spilling over the rim.

The Forest and Beach Commission and the Planning Commission both have made recommendations to the City Council on this issue. Their recommendations are addressed below. The City received 16 comments letters as part of the Forest and Beach and Planning Commission reviews and a petition with approximately 1,000 signatures. The petition asked that the City not ban beach fires.

EVALUATION
Local Coastal Plan: The Coastal Access and Recreation Element of the General Plan/Local Coastal Plan contains the following goal, objective and policy regarding beach fires, followed by a brief response from staff.

G4-4: Provide for a wide variety of passive and active recreational experiences for all beach users while protecting the resource values of beach environs.

Response: Continuing to allow beach fires is consistent with this goal as it adds variety to the recreational experience of beach users. However, if beach fires are not regulated they can have negative impacts on the beach and its users as discussed previously.

O4-10: Allow beach users the opportunity to enjoy a fire for warmth or cooking, while protecting the sand from degradation. (LUP)

Response: How to continue to allow fires while protecting the sand is the key question for the City. See options listed below.

P4-57 Allow beach fires until 10:00 p.m. south of 10th Avenue but at least 25 feet from the base of bluffs. Install appropriate signage to indicate this distance and time limit and to indicate methods for correct extinguishing of fires with water.

Response: While the City has adopted beach fire requirements, they are not well publicized or displayed. The signage near the beach is limited and not readily visible in some locations. Improving the signage and public education would significantly improve many of the issues related to beach fires.

For example, the City has a requirement that fires be located at least 25 feet from any seawall. This is meant to avoid staining the seawalls and also locate fires where the tide can assist in cleaning the coals. However, this rule is rarely followed, and most fires are located near the seawalls and in the secluded coves south of 10th.

Municipal Code: Carmel Municipal Code sections 12.32.165 and 17.20.200 outline the rules for fires on the beach (see attached). However, these sections contain some outdated references to fire pits and fires north of 10th Avenue that need to be revised. Some of the rules are also difficult to interpret and/or enforce. For example, the code states that fires should be located south of 10th Avenue and west of the high-tide line. The high tide line changes on a daily basis and is difficult to determine. The rule also would assume that no fires would be allowed at high tide.

Some options the Council could consider include:
􀂾 Continue with the current regulations and part-time cleanup efforts (this assumes that the Municipal Code be revised to be consistent with the General Plan).
􀂾 Allow fires only in designated fire rings.
􀂾 Restrict the number of fires allowed through a permit process.
􀂾 Further reduce the areas where fires are allowed.
􀂾 Increase funding for beach cleanup and enforcement (could include purchase/lease
of additional machinery such as a beach rake).
􀂾 Increase signage and public education.
􀂾 Ban fires from the entire beach.
􀂾 Other possibilities?

FOREST & BEACH COMMISSION REVIEW
The Forest and Beach Commission reviewed this issue on 2 July 2009 and made the following recommendations:
1. Continue to allow beach fires south of 10th Avenue.

2. Increase funding for public education, rules awareness and improved signage.

3. Increase funding for beach cleanup.

PLANNING COMMISSION REVIEW
The Planning Commission reviewed this issue on 12 August 2009 and made the following recommendations:
1. Continue to allow beach fires south of 10th Avenue.

2. Increase funding for public education, rules awareness and improved signage.

3. Significantly increase funding for beach cleanup and management.

4. Improve enforcement and consider fines.

5. Establish and ad hoc committee comprised of various City departments and
members of the public under the direction of the City Forester to review this issue.

6. After implementation of any new measures, review the effectiveness of these measures within 15 months to determine if more steps are needed.

RECOMMENDATION
Provide guidance on the rules and regulations for fires on Carmel Beach.