Five Noteworthy 3 April 2012 City Council Agenda Items

ABSTRACT:  Five Noteworthy 3 April 2012 City Council Agenda Items, namely Announcements from Closed Session, Announcements from City Administrator, Provide direction on entering into an agreement for the management of the Sunset Center, Provide direction on the deaccession of certain artwork and Council decision on lease agreement with the Forest Theater Guild, are presented.  Excerpts from Agenda Item Summaries and Staff Reports are provided. 

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA PACKET

Regular Meeting

Tuesday, April 3, 2012

4:30 p.m., Open Session

Live& Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

V. Announcements from Closed Session, from City Council Members and the City Administrator.

A. Announcements from Closed Session.

1. Existing Litigation -- Government Code Section 54956.9(a) - Conference with legal counsel regarding The Flanders Foundation, a California Nonprofit Public Benefit Corporation, Petitioner v. City of Carmel-by-the-Sea, Respondents – Monterey County Superior Court Case No. M99437/State of California Court of Appeals, Sixth District, Civil Case No. H035818.

2. Potential Litigation -- Government Code Section 54956.9(b).2 - Conference with legal counsel regarding potential litigation – two (2) matters.

C. Announcements from City Administrator.

3. Ambulance update

SUBJECT: RECEIVE UPDATE REPORT REGARDING CARMEL FIRE AMBULANCE

BACKGROUND:

On December 31, 2011 the Joint Powers Authority (JPA) between Carmel Regional Fire Ambulance (CRFA) and the Monterey County Regional Fire District dissolved, and the City of Carmel took action to move the CRFA ambulance operations under the jurisdiction of the City. CRFA was operating with six full time positions but two were left vacant prior to the dissolution of the JPA. The existing four CRFA employees were hired after January 1, 2012 as employees for the City of Carmel.

Last July, Council adopted a resolution to change the employee retirement benefit program and established a two-tier Public Employee Retirement System (PERS) for miscellaneous and public safety employees hired after January 1, 2012. PERS is in the process of completing the new retirement agreement which will be in effect April 16, 2012. The vacant ambulance positions will be filled after adoption of the new PERS two-tier retirement agreement.

FIRE SERVICES/AMBULANCE CONTRACT:

On December 31, 2011 Carmel entered into an agreement with the City of Monterey for fire services and operational oversight of the Carmel Fire Ambulance. This has significantly improved Carmel Fire Ambulance operational coordination and effectiveness through common communications, training, equipment, and operational procedures. Monterey has also integrated all of the Carmel Fire Ambulance personnel into their comprehensive all-risk training program in compliance with federal and state standards and mandates. Furthermore Monterey personnel have provided the Carmel Fire Ambulance new part time per diem employee with daily probationary firefighter training consistent with Monterey’s professional standard probationary firefighter training program.

The contract agreement is for 2 ½ years from January 1, 2012 through June 30, 2014. There is no cost for the initial six month period but after June 30, 2012 Carmel will be required to remit (1/12) of the annual fee for services provided (See attached cost schedule). Prior to July 1, 2012 Carmel has the option to terminate the agreement and enter into a successor agreement to provide full integration of Carmel Fire Ambulance services with the City of Monterey Fire Department, including transfer of employment of the Carmel Fire Ambulance personnel to the City of Monterey Fire Department.

STAFFING:

All full time CRFA employees were terminated per the terms of the JPA and hired as employees for the City of Carmel after January 1, 2012. The City hired three firefighter paramedics and one firefighter EMT. One firefighter/paramedic resigned in February to accept a full time position with the Aptos/La Selva Fire Department. Ambulance staffing currently includes two firefighter paramedics and one firefighter EMT. Currently, there are three vacant positions that have not been filled.

The Carmel Fire Ambulance is at a critical staffing level. With the untimely departure of the one firefighter paramedic, a tremendous staffing gap was created. This gap has put a strain on the two remaining paramedics to maintain 24/7 staffing. Although Carmel hired eight paramedics (Per-diems), they are not always available due to their primary employment requirements. Earlier this month, a paramedic needed to take bereavement leave which created additional staffing shortages. Due to the current staffing shortages, the ambulance was almost shut down on three separate occasions and it has been extremely challenging to staff the ambulance. Consequently, a member of the Monterey Fire Department was used to fill the vacant paramedic position for Carmel Fire Ambulance to remain available in service.

In February, staff hired a part time per-diem firefighter/paramedic who was immediately placed into the probationary fire ambulance training program which should be completed in April. This should provide additional relief to cover staffing. Staff anticipates hiring three full-time firefighter paramedics after the new two-tier PERS retirement system is implemented on April 16th. Adding additional staffing will increase the Carmel Fire Ambulance personnel to six fulltime employees and eight part time per-diem employees.

All Carmel Fire Ambulance employees have completed the background hiring process and possess the necessary certifications and licenses to provide advance life support (ALS) as required as a paramedic service provider by the Monterey County Emergency Medical Services (EMS) agency. Staff is in the process of entering into a written medical care provider agreement with Monterey County EMS to participate in the EMS system and to comply with all applicable state regulations and local policies and procedures, including participation in the local EMS agency’s continuous quality improvement (CQI) program.

FISCAL CONCERNS:

In previous meetings and discussions, Council members expressed concerns that a substantial portion of the ambulance gross revenue comes from the unincorporated service areas of Rio road which includes Cypress, Carmel Highlands, South Pebble Beach, and a small portion of the Monterey Peninsula.

Ambulance service calls for the Rio area are shared between Monterey County Regional and Carmel Fire Ambulance and American Medical Response (AMR). In fact, last year AMR gave up approximately 1,000 calls in the Rio service area between Monterey County Regional and Carmel Fire Ambulance. Based on the six month end of the 2011/2012 profit and loss budget from July through December, the total net revenue received by Carmel Fire Ambulance for calls in the Rio Road area was $140,783.00.

Because of the concern of potential loss of revenue should AMR respond to more calls in the Rio Road area, Council requested staff to obtain a guarantee from the County EMS director for Carmel to cover the Rio Road area. At the September 2011 Council meeting, Interim City Manager John Goss pointed out in a memo that the EMS Director would not guarantee or issue a RFP that will allow Carmel to cover calls in this area as the County contract is with AMR. The director of operations for AMR indicated that they will not enter into a contract with the other ambulance agencies but agreed to continue to operate under the mutual aide agreement currently in place. AMR is closely looking at increasing its service to this area to increase lost revenues.

Carmel Fire Ambulance is an integral part of the county-wide EMS system and helps AMR maintain the County contract of eight-minute or less response 90% of the time. At this time, there has been no change for Carmel Fire Ambulance in its service commitment to the unincorporated areas; however, recent discussions with the AMR operations director have indicated that it is in the process of looking at various options and potential adjustments to its system status plan. Any reduction in service calls by Carmel Fire Ambulance to the unincorporated areas could have a significant impact on the City’s revenue.

The dissolution of the JPA created some additional costs to the City: $33,733.00 total payout to existing CRFA employees for accumulated vacation, sick and comp time. Second, $19,653.00 in additional costs for liability insurance; and $21,934.00 based on an actuarial study to implement a onetime assessment to return the liability funding to a 70% confidence level; and legal fees at $1,244.00. The total additional cost is $75,320.00

4. Update on grants.

EXHIBIT A

POLICY NO. C99-04

PURPOSE:

The purpose of this policy is to establish procedures to apply for, receive and utilize grants funding for which the City is eligible. As a rule, grants funding should only be pursued when it supports programs, capital outlays, or capital improvements, which the City Council has approved in advance.

AUTHORITY:

If a City goal, program, capital outlay, or capital improvement is included in the City's adopted budget, action plan, or the 5-Year Capital Investment Program, it will be considered to have received prior Council approval for grant application purposes.

However, if the grant application requires City matching funds outside the current budget, and/or requires other commitments by the City, the application must receive specific City Council approval in advance of submission.  If City matching funds are required, the City Council must approve funding from a budgeted account or an appropriate fund reserve.

The City Administrator may expedite the processing of a grant application if the proposed project has been approved as part of the 5-year Capital Investment Program or the current Capital Outlay Program budget.

GUIDELINES FOR GRANT APPLICATIONS:

A. APPLICATION

Prior to submitting a Grant Application a request is submitted to the City Council identifying where the program, capital outlay, or capital improvement is included in the approved budget, action plan, or the 5 Year Capital Investment Program. At this stage, program definitions will typically be general, outlays outlined generically, and projects at the concept level of design. If Council requires more information regarding the specifies of a project, the cost and time implications to develop the information must be considered and associated City funding identified. (See attached  Preliminary Grant Application Form).

Detailed program requirements and project designs usually preceed receipt of grant funds. A transfer of budgeted funds or City reserve funds may be needed as advance funding to pay for this level of detail. Programs and designs will follow the standard City process and procedures for Commission approval and CEQA review, before being returned to the City Council for final authorization or bid award.

B. AWARD OF GRANTS

Upon notice of grant award, the issue will be placed on the next City Council agenda for acceptance. At that time, the specifics of a project (time, schedule, requirements for matching funds, and preparation of a design) wi11 be addressed.

Award of a grant typically does not obligate the City to actually execute the program, acquisition, or project.

C. USE OF GRANTS

A decision to use grant funds will require the standard Commission analysis, CEQA review, consultant support if needed, and final Council authorization.

The responsible Department will insure compliance with the terms of the grant award. Conflicts with Council direction or policy are to be resolved prior to acquisitions or awards that could obligate the City in ways not approved by the City Council.

Grants are often made on a reimbursable basis, therefore, sufficient advance funding must be identified to finance programs, acquisitions, and improvements in the interim until grant funds are received.

City funding advances can with City Council approval be temporarily transferred from reserve funds to cover interim costs until grant funds are received. Upon receipt, the grant funds can be designated for reimbursement of City reserves.

Grant funds will be received and processed by the Administration Department in such a manner as to satisfy' both grantor and the City Auditor's requirements.

City of Carmel-by-the-Sea

Status of Grant-funded Projects and Pending Applications

March 28, 2012

Grant-funded Projects Currently In Progress

Title and Purpose: ASBS {Area of Special Biological Significance) Dry Weather Diversion Project, aka the ASBS project or stormwater runoff project: The purpose is to develop a diversion system that will capture and divert dry weather flows from the City's storm drain system for treatment and re-use

Funding agency: State Water Resources Control Board

Schedule: Started June 1; ends in late 2014

Funding amount: $2,497,928, plus $131,470 City match

Title and Purpose: Sunset Center Phase II Landscaping Project: Landscaping, irrigation, and physical improvements to three areas at the Sunset Center.

Funding agency: State Dept of Parks and Recreation, Per Capita grant

Schedule: Final phase is in progress; due to end in early 2015

Funding amount: $220,000

Title and Purpose: Secure Our Schools: For security equipment at Junipero Serra School {JSS)

Funding agency: Federal COPS Office

Schedule: In progress; ends in Fall 2012

Funding amount: $24,950, plus $24,950 provided by JSS

Title and Purpose: Energy Efficiency and Conservation Block Grant (EECBG) for energy efficient lighting for public works and the police dept, new air conditioner for the EOC in the police dept

Funding agency: CA Energy Commission

Schedule: In progress, ends in September 2012

Funding amount: $16,900 plus $1,538 City match

Title and Purpose:Del Mar Master Plan; I don't know which piece of the Plan these funds will be used for.

Funding agency: Monterey Peninsula Regional Parks District

Schedule: In progress

Funding amount: $8,500

Title and Purpose: Phase II of the Del Mar Master Plan: ADA-accessible boardwalk and viewing platform at Carmel Beach, pathway on San Antonio from 4th  to Ocean Avenues, dunes restoration

Funding agency: Habitat Conservation Fund CA Dept of Parks and Rec.

Schedule: Grant has been approved.

Funding amount: $72,000 plus $72,000 City match

Title and Purpose: Preservation of and Public Access to the Devendorf-Galante Collection, historical papers about the establishment of Carmel-by-the-Sea.

Funding agency: Engracia Irene Murray Field of Interest Fund of to the Community Foundation for Monterey County

Schedule: Grant period is June 2011 to June 2012

Funding amount: $12,500

Title and Purpose: Phase II of the Del Mar Master Plan: ADA-accessible boardwalk and viewing platform at Carmel Beach, pathway on San Antonio from 4th to Ocean Avenues, dunes restoration

Funding agency: California Coastal Conservancy

Schedule: Grant has been approved.

Funding amount: $250,000

Grant Applications Pending

Title and Purpose: Clean Water State Revolving Fund, for replacement of storm drains and intersection realignment.

Funding agency: State Water Resources Control Board

Schedule: Pending

Funding amount: $715,000

Title and Purpose: Forest Theater Phase I renovation, for new restrooms and ADA accessible path

Funding agency: Monterey Peninsula Foundation

Schedule: Pending

Funding amount: $100,000

Grant Applications in Progress

Title and Purpose: Community·based Transportation Planning

Funding agency: Caltrans

Schedule: due Monday, April 2

Funding amount: $150,000 plus $15,000 from City

In the very early stages (Councll approval is needed for all grant applications?):

Assistance for Firefighters Grant, for alert system? RFP available in late spring.

Scenic Drive restrooms- Coastal Conservancy, Land and Water Conservation Fund are possibilities.

City Hall cisterns and repairs? Need to search.

XI. Orders of Council

A. Provide direction on entering into an agreement for the management of the Sunset Center.

Description: The City received a letter from Sunset Cultural Center, Inc. dated March 19, 2012, stating it is the intent of SCC Board of Trustees to renew its agreement with the City, as the Second Renewal Term of that agreement expires on June 30, 2013. The letter goes on to request confirmation from the City of its interest and intent in continuing the relationship as set forth in the Agreement and, if so, suggests that discussions between the two parties begin soon.

Decision Record: The Second Renewal Term of the Agreement between the City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. was dated June 8, 2004

SUNSET CENTER

Sunset Cultural Center, Inc. P.O. Box 1950 Carmel-by-the-Sea, CA 93921

Christine Sandin

Executive Director

Board of Trustees:

Dave Parker

Chair

Elece Otten

Vice Chair

Sally Reed

Treasurer

Dee Adolph

Secretary

Mary Gifford

Kurt Grasing

Lisa Kohrs

Matthew Little, Jr.

Bob Oppenheim

Nid< Pasculli

Judie Profeta

Gerard Rose

March 19, 2012

Jason Stilwell, City Administrator

City of Carmel-by-the-Sea

P.O. Box CC

Carmel, CA 93921

Re: Extension of SCC Agreement

Dear Jason:

As you are aware, the Second Renewal Term of the agreement between the City of Carmel-by-the-Sea ("the City") and Sunset Cultural Center, Inc. ("SCC") dated June 8, 2004 will expire on June 30, 2013. The contract requires that we submit our intent to renew by December 31, 2012. As such, I am pleased to advise the City that the SCC Board of Trustees is prepared to continue to perform its responsibilities under the Agreement. At this time, the Trustees would like to confirm the City's interest and intent in continuing the relationship set forth in the Agreement. If yes, SCCsuggests that we soon begin discussing to what extent, if any, the Agreement should and could be revised to more currently represent any adjustment to the relationship made evident by our mutual experience over the last nine years. We look forward to a long, productive and congenial relationship with the City for this wonderful institution we all love.

Sincerely,

Christine Sandin

Executive Director

Sunset Cultural Center, Inc

cc: Mayor Sue McCloud

Dave Parker, SCC Chair

C. Provide direction on the deaccession of certain artwork.

Description: On January 10,2012, Council approved deaccessioning six abstract paintings from a list, compiled by consultant Sheryl Nonnenberg, of City artworks that do not fit the parameters of the City Art Collection Management Policy. There are 59 items remaining on the proposed deaccession list, 44 of which are held in the Library. The Library Board of Trustees, after reviewini the proposed list, is requesting that the items that were part of Mrs. Ella Reid Harrison's original bequest to the City not be deaccessioned. It is not anticipated that there will be any other artwork proposed for deaccessioning after the April Council meetini. Ms. Nonnenberg will attend tlte meeting to answer questions.

Overall Cost:

City Funds: N/A

Grant Funds: N/ A

Staff Recommendation: Approve deaccessioning of artwork that meets the City's Deaccession Policy criteria.

Important Considerations: The artwork does not fit within the parameters of the City's Art Collection Management Policy, while meeting criteria outlined in the City's Deaccession Policy for the Art collection. Proceeds from the sale will be used in accordance with City policy, to conserve and maintain the City's art collection.

Decision Record: Resolution 2010-43, adopted on June 8, 2010, which defmes the art collection and authorizes a deaccessioning process; Council's approval of the Deaccession Policy for the Art Collection, November 1, 2011; Council's approval of the deaccessioning of six paintings, January 10,2012.

RECOMMENDED MOTION

Approve deaccessioning of artwork that meets the City's deaccession criteria.

BACKGROUND

On January 10, 2012, Council approved deaccessioning six abstract paintings from a list, compiled by consultant Sheryl Nonnenberg, of City artworks that do not fit the parameters of the City Art Collection Management Policy. The remainder of the list is being presented to Council for consideration.

The list (attached) is comprised of 59 pieces of art. Forty four of the items identified on the list are stored in the Library (numbers 369 through 861 ). The Library Board of Trustees reviewed and discussed the list of items held in the Library at their February 22, 2012 and March 28,2012 meetings. The Trustees are asking Council to consider the following request:

Regarding the deaccessioning of art held in the library, the Harrison Memorial Library Board of Trustees urges that the City not deaccession the art that was part of Ella Reid Harrison's bequest.

Mrs. Harrison willed to the City the property on which the Main Library stands and the funds to build the library, which was named in memory of her husband, Ralph Chandler Harrison. She asked in her will that all her books, her husband's picture, and certain furniture and artwork be placed and kept in the library when the building was completed.

The Library Board understands that the art slated for deaccession does not fit the scope of the City Art Collection Management Policy. However, the Trustees feel that in the case of Mrs. Harrison's legacy a broader application of the policy is pertinent: Mrs. Harrison's bequest to the City does pertain to the history of Carmel, the art is being safely and appropriately cared for and stored, and it has been displayed at various times over the years, most recently in 2006.

It is not anticipated that there will be any other artwork proposed for deaccessioning at this time. Ms. Nonnenberg will attend the meeting to answer questions.

STAFF REVIEW

Ms. Nonnenberg composed the list using guidelines and criteria from the adopted City Art Collection Management Policy and the Deaccession Policy for the Art Collection. The pieces on the list meet the criteria for deaccessioning as outlined in the policies.

FISCAL IMPACT

As with the previous six paintings approved for deaccessioning, all items on the list have been appraised. Proceeds from the sale of the artwork will be placed in a deposit account to conserve and maintain the City's art collection.

SUMMARY

The 59 pieces of artwork on the proposed deaccession list meet the criteria for deaccessioning according to the Art Collection Management Policy and the City's Deaccession Policy. The art is recommended for deaccession by staff, and if approved by City Council will be removed from the city's art collection in accordance with the City's policies, with all proceeds from the sale to be used to purchase other works for the collection or to restore/maintain artwork already owned by the City.

Item#--Artist/Designer--Title/Description--Date—Medium--Size

21 Whitaker, Royal Woman Playing Violin Unknown 0/C 41.25 x32

22 Mariann Brass Pot with Lillies Unknown 0/C 30x24

26 Unknown Copy of "Calmady Children" 1823/24 0/C 30.25 X 30

28 Moppin, Jane Watermelons and Lettuce Unknown 0/C 40.5 X 30.25

30 Danzansky, Tina The Divers Unknown 0/C 42 X 55.5

31 Danzansky, Tina Red Chair 1960 0/B 36x 18

40 Gregory, Robin S. Vietnamese Children 1980 W/C 27.5 X 19.5

45 Unknown Untitled Landscape Unknown 0/C 20x30

46 Parker, Holly Bryce Floral 1949 W/C 15.5 X 20.5

252 Unknown Dante Unknown Marble 12.5 X 12

255 Unknown Tribal Mask- Japanese Unknown Wood

256 Bartholdi Liberty Enlightening the World Unknown Copper

266 C. Lauren Cafe Scene by Water Unknown Print 15 X 38.5

298 Galli, Fortunato Venus Statue 1880 Marble 67" H

317 Danzansky, Tina Sunday Morning Unknown 0/C/B 25.5 X 23.5

369 Remington, Frederick Russian Cossack Unknown Print 10.5 X 8.75

370 Unknown Ralph Waldo Emerson Unknown Photo 13 X 10.5

372 Barrymore, Lionel Little Boatyard, Venice Unknown Etching 16 X 12.5

376 Millet, Jean-Francais Young Shephardess Knitting with Surrounding Sheep Unknown Etching 15x 11

377 Meryon, Charles La Stryge Unknown Etching 15.5 X 12.75

381 Blake, William Book of Job Unknown Engraving 8.5 X 6.5

382 Haden, Sir Frances Seymour Sunset on the Thames Unknown Etching 9 X 13

383 Haden, Sir Frances Seymour Little Calais Pier 1865 Etching 6x9

384 Haden, Sir Frances Seymour Battersea Beach Unknown Etching 8 X 10.75

385 Haden, Sir Frances Seymour Sunset in Ireland Unknown Etching 8.5 X 13.5

386 Haden, Sir Frances Seymour Twickenham Church Unknown Etching 6.5 x9

387 Haden, Sir Frances Seymour Egham Lock Unknown Etching 8.5 X 11

388 Haden, Sir Frances Seymour Whistler's House at Old Chelsea 1863 Etching 8.75 X 14.5

389 Haden, Sir Frances Seymour Shere Mill Pond 1860 Etching 9.5 X 13.5

392 Schongauer, Martin (after) Jesus in the Garden of Gesthesemane Unknown Etching 6.5 X 4.75

393 Schongauer, Martin (after) Putting Jesus in the Tomb Unknown Etching 6.5x5

394 Van Rijn, Rembrandt Les Musicians Ambulants Unknown Etching 6x5

395 Van Ostade, Adriaen Jansz La Pere de Famille 1648 Engraving 5 x3.5

396 Van Leyden, Lucas Jesus Being Tempted by the Devil 1418 Engraving 5.5 X 7.5

397 Van Rijn, Rembrandt Woman of Samaria 1634 Etching 4.75 X 5.25

398 Van Rijn, Rembrandt Jesus Telling His Dreams 1638 Etching 3.5 X 4.75

399 Haden, Sir Frances Seymour Kensington Gardens 1859 Etching 9 x6.5

400 Wierix, Hieronymus Frondo Frugis Inops Unknown Engraving 5.75 X 4

401 Van Ostade, Adriaen Jansz The Cobbler 1671 Engraving 8.75 X 6

500 Pica, Charles Man in Sombrero Unknown Pastel 24x 19

508 Key, John Ross Eastern Mountain Scene Unknown Print 11x 16

514 J, E.B. Two Horses 1845 Pencil 15 X 19

531 Cooper, Colin Campbell European City Scene Unknown Etching 13.25 X 10.5

532 Stahl, John The Span Unknown Etching 11x 14

533 Dobson, Richard Richmond Unknown Print 11.5 X 8.5

534 Brigman, Anne The Heart of the Storm Unknown Photo 12x 10

652 Japanese Prints 127 prints Unknown W/B N/A

653 Japanese Prints 15 Kimono Stencils Unknown N/A N/A

684 Melchert, Ernest La Farraca Unknown Etching 4.75 X 6

685 Melchert, Ernest The Old Guard Unknown Etching 9.25 X 6.5

829 Unknown Black Crows in Front of Sunset Unknown 3x6

830 Unknown Bird on Branch Unknown 9x7

832 Unknown Mountain Scene Unknown 7.5 X 10.5

833 Yoshimi, Rogetsu Ono No Tofu Unknown Print 14 X 9.5

841 Whistler, James McNeill Thomas Carlyle Unknown Etching 20x 16

853 Roussuff, A.N. Portrait of a Woman 1893 Print 16 X 12

854 Sater, Robert U. Creative Struggle Unknown Photo 14 X 11

855 Vedder, Elihu Lazarus Unknown Print 10.5 x15.25

861 Conger, Winfield S. Dog 1880 Etching 12"D

E. Council decision on lease agreement with the Forest Theater Guild.

This report has no written material as it will be delivered orally by the City Administrator.