‘MINUTES’ for Five Noteworthy 3 April 2012 City Council Agenda Items

“MINUTES”

REGULAR CITY COUNCIL MEETING

CITY OF CARMEL-BY-THE-SEA

Tuesday, April 3, 2012

Archived Video Streaming

City Hall

East side of Monte Verde Street between Ocean and Seventh Avenues

II. Roll Call

PRESENT: Council Members Burnett, Hazdovac, Sharp, Talmage, and Mayor McCloud

ABSENT: None

STAFF PRESENT (partial list): Jason Stilwell, City Administrator

Heidi Burch, Assistant City Administrator/City Clerk

Don Freeman, City Attorney

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.

City Attorney Don Freeman announced that the litigation “has been concluded,” final papers will be filed with the Court on May 4 and the City has settled attorney fees of $150,000 to attorney Susan Brandt-Hawley (attorney Flanders Foundation).

C. Announcements from City Administrator.

3. Ambulance update

City Administrator Stilwell presented the report.  He stated that the transition is moving forward successfully and smoothly.  The transition from CRFA to City is complete.  The City has hired paramedics and EMT and entered in to an agreement with Monterey for management of service for full integration of fire and ambulance services.  The City is In the process of hiring new staff after April 16 under new tier. 

4. Update on grants.

City Administrator Stilwell presented the report highlighting Grant Policy, List of Grants of Projects in Progress and Pending, including the Forest Theater Phase I renovation (for new restrooms and ADA accessible path), and Grant Applications in Progress and Submitting. 

XI. Orders of Council

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

City Administrator Stilwell stated that the operating agreement with SCC is expiring (June 30, 2013) and time to begin new negotiations.  He mentioned the letter from SCC Board of Trustees to continue relationship with City.  He advocated the development of a list of overarching principles moving forward in negotiations. His recommendation was to continue negotiations with SCC in good faith and work on a new agreement

Mayor McCloud stated the focus is to work with SCC or get bids from other entities. 

Christine Sandin, Executive Director, Sunset Cultural Center, Inc. (SCC) stated she and the Board are “very content with the relationship” with the City and community, confident in continuing to manage the Sunset Center and mentioned letter to the City.  

Mayor McCloud opened and closed the meeting to public comment.

Council Member Talmage stated that Mayor McCloud should share lessons learned regarding SCC with the city administrator or city attorney.  He advocated the “principle” of an operating board and a fund-raising board for the SCC similar to the Library. 

Mayor McCloud mentioned Producers Guild and 239 seats not yet purchased at $5000.00/seat and $1,200,000 million could be raised from the selling of seats. 

Council Member Burnett stated it is “pretty straightforward” the Council’s intent to direct staff to negotiate an agreement with SCC. 

By consensus, Council agreed to direct staff to negotiate with SCC on a new agreement. 

C. Provide direction on the deaccession of certain artwork.

Janet Bombard, Library Director, presented the report.  She stated that there are 59 items remaining on the proposed deaccession list, 44 of which are stored in the Library. The Library Board of Trustees, after reviewing 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 (30 of 44 are from Mrs. Harrison’s collection).  Although the Library Board understands that the proposed deaccessioned artworks do not strictly fit the City’s Art Collection Management Policy, the Trustees believe a boarder application of the policy is necessary as the artworks pertain to the history of Carmel, the artworks are appropriately stored and the artworks have been displayed to the public over the years.   

In response to Mayor McCloud query, Janet Bombard, stated the Item #s regarding Mrs. Harrison’s bequest, as follows:

Thirty Artworks Not Deaccessioned at April 3, 2012 City Council Meeting

(Mrs. Harrison’s bequest)

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

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

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

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

Ms. Nonnenberg, art consultant, reviewed deaccession project, including the reasons due to the City not having a city museum and not having a designated person to oversee the artworks in the collection.  Therefore, there is a need to refine the art collection to the “best of the best” reflecting Carmel’s history.  Of about 1000 artworks in the City-owned art collection, most artworks have some connection to Carmel.  With regard to Mrs. Harrison’s bequest, Mrs. Harrison did not itemize her collection and therefore we are not really sure about her intent, but there are about 17 definitely attributed to the Harrison collection.  And Mrs. Harrison’s gift was not restricted.  Ms. Nonnenberg read from Mrs. Harrison’s will, including her intent to display artworks, but artworks are in storage and are prone to disappearing.  Her recommendation was to deaccession Mrs. Harrison's prints (etchings and engravings). 

Council Member Burnett stated the “donor intent” was clear.

To Council Member Sharp’s query about value of artworks, Mayor McCloud stated artworks value “millions of dollars.”

To Council Member Talmage query about 29 other items proposed for deaccession, Ms.  Nonnenberg stated that most of the 29 items are prints. 

Mayor McCloud opened the meeting to public comment.

Martha Mosher, representative of the Library Board read a letter supporting Mrs. Harrison’s intent. And she stated that the Council should preserve her gift and honor “donor’s generosity.” 

Carolyn Hardy asked if the sale of deaccessioned artworks brought in more money than required to maintain the art collection, what would the Council do “with the excess money?”

Skip Lloyd addressed the donor’s intent and the importance of honoring donors’ gifts and the need for caution.

Stephen Moorer stated the “dream” of a cultural museum for Carmel, the idea of "cultural tourism" and a wish to see the artworks.

Mayor McCloud closed the meeting to public comment.

To Skip Lloyd's comment, Mayor McCloud stated that there is “no proof” of Mrs. Harrison’s “gift.” 

Council Member Talmage stated that there was no compeling reason to deaccession artworks because the artworks are potentially historically important.

Council Member BURNETT moved to authorize deaccession of artworks, except 30 items identified by Library Board of Trustees of Mrs. Harrison’s bequest, and Ms. Nonneberg will work with Library to determine particular artworks, seconded by Council Member HAZDOVAC and carried by the following roll call vote:

AYES: COUNCIL MEMBERS: BURNETT; HAZDOVAC; SHARP; TALMAGE & McCLOUD

NOES: COUNCIL MEMBERS: NONE

ABSENT: COUNCIL MEMBERS: NONE

ABSTAIN: COUNCIL MEMBERS: NONE

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

Mayor McCloud announced that the agenda item “would not be heard this evening.”