CITY
OF CARMEL-BY-THE-SEA
Regular
Meeting
Tuesday,
April 3, 2012
4:30 p.m., Open Session
City
Hall
East
side of Monte Verde Street
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
BACKGROUND:
On
December 31, 2011 the Joint Powers Authority (JPA) between Carmel Carmel 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 Monterey Monterey
personnel have provided the Carmel Fire Ambulance new part time per diem
employee with daily probationary firefighter training consistent with Monterey
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
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
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
Because
of the concern of potential loss of revenue should AMR respond to more calls in
the Rio Road County EMS
director for Carmel Rio Road Carmel
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
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
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
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
Funding agency: Monterey
Peninsula
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
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
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
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
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
370 Unknown Ralph
Waldo Emerson Unknown Photo 13 X
10.5
372 Barrymore, Lionel
Little Boatyard, Venice
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
384 Haden, Sir Frances
Seymour Battersea
Beach
385 Haden, Sir Frances
Seymour Sunset in Ireland
386 Haden, Sir Frances
Seymour Twickenham
Church
387 Haden, Sir Frances
Seymour Egham Lock Unknown Etching 8.5 X 11
388 Haden, Sir Frances
Seymour Whistler's House at Old Chelsea
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
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
398 Van Rijn,
Rembrandt Jesus Telling His Dreams 1638 Etching 3.5 X 4.75
399 Haden, Sir Frances
Seymour Kensington
Gardens
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
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
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.
