PUBLIC RECORDS ACT (PRA) LOG MARCH 2020: PRA 2020-027

REQUEST NUMBER 2020-027

REQUEST DATE 3/16/2020

STATUS

COMPLETED DATE 6/11/2020

REQUESTOR Paterson

INFORMATION REQUESTED Electronic copies of correspondence between the City of Carmel-by-the-Sea and Sunset Cultural Center, Inc. between February 20, 2019 and the present on any and all topics.

Correspondence between Christine Sandin, Executive and Artistic Director, Board of Trustee members, Sunset Center, and the City regarding issues pertaining to non-infrastructure city-owned physical building city responsibilities.

Issue pertaining to such items as CAL/OSHA Citation and Notification of Penalty and Settlement Order, NLRB claim, DLSA overtime wage claim settlement, et. cetera

https://drive.google.com/file/d/1UCObaEau3eyW0EeoN-VmTvlFxY5MpxxC/view?usp=sharing

PRA 2020-027 City Response

SETTLEMENT ORDER Inspection No. 1380281 BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD In the Matter of the Appeal of: SUNSET CULTURAL CENTER, INC.: TOTAL PENALTY $17,700.00

ABSTRACT: BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD, In the Matter of the Appeal of: SUNSET CULTURAL CENTER, INC., Inspection No. 1380281, SETTLEMENT ORDER , Dated: 12/05/2019, Administrative Law Judge Martin Fassler: FINAL PENALTY ASSESSED Citation 1 $1,500.00 (PENALTY PROPOSED BY DOSH IN CITATION $5,000.00) and Citation 2 $16,200.00 (PENALTY PROPOSED BY DOSH IN CITATION $16,200.00), Total Penalty $17,700.00. The Settlement Order document copy is embedded.

STATE OF CALIFORNIA 

DEPARTMENT OF INDUSTRIAL RELATIONS
OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD
2520 VENTURE OAKS WAY, SUITE 300
SACRAMENTO, CA 95833
ATTN: Christine Sandin
Sunset Cultural Center, Inc.
P.O. Box 1950
Carmel By The Sea, CA 93921
ATTN: Gary Rubell
Compliance Matters Consulting
24053 Via Vizcaya
Valencia, CA 91354
BEFORE THE
STATE OF CALIFORNIA
OCCUPATIONAL SAFETY AND HEALTH
APPEALS BOARD
In the Matter of the Appeal of:
SUNSET CULTURAL CENTER, INC.
P.O. BOX 1950
CARMEL BY THE SEA, CA 93921
Employer
Inspection No. 1380281

SETTLEMENT ORDER

REFERENCE:
Citation 1 Item 1 Type of Violation: Regulatory
Title 8 CCR Section 342( a)
(a) Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment.
Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.
Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.

Employer failed to timely report to the Division the serious injury suffered by an employee who fell onto sheet metal on February 16. 2019. The employer reported the serious injury on February 20, 2019.

Date By Which Violation Must be Abated: Corrected During Inspection
Proposed Penalty: $5000.00

Citation 2 Item 1 Type of Violation: Serious
Title 8 CCR Section 3203(a)
(a) Effective July 1, 1991 , every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program shall be in writing and, shall, at a minimum:

(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:
(A) When·the Program is first established;
(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(6) Include methods and/ or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:
(A) When observed or discovered; and,
(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/ or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the Program is first established;
(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and
(C) Whenever the employer is made aware of a new or previously unrecognized hazard.
(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;
(E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,
(F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

Prior to and during the course of the investigation, including but not limited to February 16, 2019, the employer failed to establish, implement. and maintain an effective Injury and Illness Prevention Program in the following instances:

Instance #l
The employer failed to provide training and instructions to all employees on the following:

Injury and Illness Prevention Program
Personal Protective Equipment
General Safety and Health
Elevated Work Platform
Fall Protection

The employer did not provide training and instruction documentation upon request.
(Reference Title 8 CCR 3203(a) (7)

Instance #2

The employer failed to ensure hazards identify and evaluate during periodic inspections conducted were corrected when observed or discovered. (Reference Title 8 CCR 3203(a)(4) and (6))

Date By Which Violation Must be Abated: July 03, 2019

Proposed Penalty: $16200.00

STATE OF CALIFORNIA DIVISION OF OCCUPATIONAL SAFETY AND HEALTH (DOSH): Sunset Cultural Center - Inspection 1380281

ABSTRACT:  The Inspection Report. State of California Division of Occupational Safety and Health (DOSH): Sunset Cultural Center - Inspection 1380281, including CITATION AND NOTIFICATION OF PENALTY and NOTICE OF PROPOSED PENALTIES document copy is embedded.

Inspection Report

State of California Division of Occupational Safety and Health (DOSH):

Sunset Cultural Center - Inspection 1380281

BEFORE THE STATE OF CALIFORNIA OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD In the Matter of the Appeal of: SUNSET CULTURAL CENTER, INC. Employer (Inspection No. 1380281): NOTICE OF DOCKETED APPEAL & AMENDED NOTICE OF EXPEDITED CONFERENCES AND HEARING

ABSTRACT: The appeal of SUNSET CULTURAL CENTER, INC. “has been approved and docketed.  However it remains in the Expedited category and has been scheduled for expedited conferences and hearings," according to Phyllis Eldredge, OSHAB Headquarters, Sacramento. The Notice of Docketed Appeal and Amended Notice of Expedited Conferences and Hearings document copies are embedded.  Importantly, SUNSET CULTURAL CENTER, INC Appeal of: CITATION AND NOTIFICATION OF PENALTY CITATION No.: 1 ITEM No.: 1 __ NOTIFICATION OF FAILURE TO ABATE ALLEGED VIOLATION __ SPECIAL ORDER / ORDER TO TAKE SPECIAL ACTION Specific ground(s) for this appeal are: X The safety order was not violated. X The proposed penalty is unreasonable. CITATION AND NOTIFICATION OF PENALTY CITATION No.: 2 ITEM No.: 1 __ NOTIFICATION OF FAILURE TO ABATE ALLEGED VIOLATION __ SPECIAL ORDER / ORDER TO TAKE SPECIAL ACTION Specific ground(s) for this appeal are: X The safety order was not violated. X The classification (i.e. serious, willful, repeat) is incorrect. X The proposed penalty is unreasonable.

NOTICE OF DOCKETED APPEAL

AMENDED NOTICE OF EXPEDITED CONFERENCES AND HEARING

OCCUPATIONAL SAFETY AND HEALTH APPEALS BOARD

1. A status conference will be conducted by telephone with:

Judge Martin Fassler on August 26, 2019 at 9:30 a.m. 2. A prehearing conference will be conducted by telephone with: Judge Martin Fassler on October 14, 2019 at 1:30 p.m. 3. A hearing has been set at: Location: 1515 Clay Street, Rm 1303                 Oakland, CA 94612 Date and time: December 3, 2019 at 9:00 a.m. Judge: Martin Fassler

STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, CITATION AND NOTIFICATION OF PENALTY PACKAGE & EXPEDITED PROCEEDINGS LETTER TO Sunset Cultural Center, Inc., Summary of Penalties for Inspection Number 1380281 Citation 1 Item 1, Regulatory $5000.00 & Citation 2 Item 1, Serious $16,200.00 TOTAL PROPOSED PENALTIES $21200.00

ABSTRACT: A SUMMARY OF STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, CITATION AND NOTIFICATION OF PENALTY TO: Sunset Cultural Center, Inc. is featured. The 10-page CITATION AND NOTIFICATION OF PENALTY PACKAGE and EXPEDITED PROCEEDINGS LETTER TO Sunset Cultural Center, Inc. document copies are embedded.

SUMMARY OF STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF OCCUPATIONAL SAFETY AND HEALTH, CITATION AND NOTIFICATION OF PENALTY TO: Sunset Cultural Center, Inc. 

State of California

Department of Industrial Relations

Division of Occupational Safety and Health

Fremont District Office

CITATION AND NOTIFICATION OF PENALTY

To:

Sunset Cultural Center, Inc. and its successors

P.O.  Box 1950

Carmel. CA 93921

Inspection #: 1380281

Inspection Date (s): 02/22/2019-06/06/2019

Issuance Date: 06/10/2019

Abstract

What was employee doing just before incident occurred?

EE# 1, a Production Manager for a community performing arts center, was working by himself near the back entrance of the stage room. There was to be a musical venue event later in the evening, and EE#l was moving equipment and allocating space for musicians to put down their instruments and personal belongings.

What happened?

The accident occurred at approx, !2:20PM on 2/16/2019 in Carmel-by-the-Sea, CA. DOSH was notified by the I-IR Director on 2/20/2019 at 4:57PM, and CSI-10 inspector was present on location at 1 0:30AM on 2/22/2019. EE#1 had driven a Genie GS-2632 electric scissor lift from inside the Stage Room out of the building doors, and parked the vehicle adjacent to an outdoor Air Conditioning unit what was mounted on a 3-inch concrete square pad. EE#l wanted to temporarily place the vehicle outside so other musicians can put their belongings near where the vehicle was parked. As it was windy and started to rain, EE# 1 used a black poly tarp to cover the upper part of the scissor lift. As EE#l was step down from the scissor lift, his feet slipped, and he fell on top of one of the four corners of air conditioning unit that had exposed L-shaped metal posts, resulting in a laceration to EE#l upper left thigh. EE#l went back in the Stage Room, where two stage technicians aided him and called for emergency medical services.

What was the injury or illness?

EE#l sustained deep laceration to his upper left thigh which required 8 stitches. He was taken to Community Hospital of Monterey Peninsula at 1:00 PM 2/16/2019 and was discharged at 5:00PM 2/17/2019.

What was the object or substance that directly harmed the employee?

The exposed L-shaped metal support posts around the corners of the air conditioning unit caused an impalement injury to EE#l.

Victim 1

Injured/Deceased Name: Gary Brunclik

Citation and Notification of Penalty

Company Name: Sunset Cultural Center, Inc.

Citation 1 Item 1 Type of Violation: Regulatory

Title 8 CCR Section 342( a)

(a) Every employer shall report immediately by telephone or telegraph to the nearest District Office of the Division of Occupational Safety and Health any serious injury or illness, or death, of an employee occurring in a place of employment or in connection with any employment. Immediately means as soon as practically possible but not longer than 8 hours after the employer knows or with diligent inquiry would have known of the death or serious injury or illness. If the employer can demonstrate that exigent circumstances exist, the time frame for the report may be made no longer than 24 hours after the incident.

Serious injury or illness is defined in section 330(h), Title 8, California Administrative Code.

Employer failed to timely report to the Division the serious injury suffered by an employee who fell onto sheet metal on February 16, 2019. The employer reported the serious injury on February 20, 2019.

Date By Which Violation Must Be Abated: Corrected During Inspection

Proposed Penalty: $5000.00

Citation 2 Item l Type of Violation: Serious

Title 8 CCR Section 3203( a)

(a) Effective July 1, 1991, every employer shall establish, implement and maintain an effective Injury and Illness Prevention Program (Program). The Program sholl be in writing and, shall, at a minimum:

(4) Include procedures for identifying and evaluating work place hazards including scheduled periodic inspections to identify unsafe conditions and work practices. Inspections shall be made to identify and evaluate hazards:

(A) When·the Program is first established;

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(6) Include methods and/or procedures for correcting unsafe or unhealthy conditions, work practices and work procedures in a timely manner based on the severity of the hazard:

(A) When observed or discovered; and,

(B) When an imminent hazard exists which cannot be immediately abated without endangering employee(s) and/or property, remove all exposed personnel from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided the necessary safeguards.

(7) Provide training and instruction:

(A) When the Program is first established;

(B) Whenever new substances, processes, procedures, or equipment are introduced to the workplace that represent a new occupational safety and health hazard; and

(C) Whenever the employer is made aware of a new or previously unrecognized hazard.

(D) Whenever new substances, processes, procedures or equipment are introduced to the workplace and represent a new hazard;

[E) Whenever the employer is made aware of a new or previously unrecognized hazard; and,

[F) For supervisors to familiarize themselves with the safety and health hazards to which employees under their immediate direction and control may be exposed.

Prior to and during the course of the investigation, including but not limited to February 16, 2019, the employer failed to establish, implement, and maintain an effective Injury and Illness Prevention Program in the following instances:

Instance #I

The employer failed to provide training and instructions to all employees on the following:

Injury and illness Prevention Program

Personal Protective Equipment

General Safety and Health

Elevated Work Platform

Fall Protection

The employer did not provide training and instruction documentation upon request

(Reference Title 8 CCR 3203(a) (7)

Instance #2

The employer failed to ensure hazards identify and evaluate during periodic inspections conducted were corrected when observed or discovered. (Reference Title 8 CCR 3203(a) (4) and (6))

Date By Which Violation Must Be Abated: .July 03, 2019

Proposed Penalty: $16200.00

NOTICE OF PROPOSED PENALTIES

Company Name: Sunset Cultural Center, Inc.

Summary of Penalties for Inspection Number 1380281

Citation 1 Item 1, Regulatory  $5000.00

Citation 2 Item 1, Serious     $16,200.00

TOTAL PROPOSED PENALTIES $21200.00

STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS

DIVISION OF OCCUPATIONAL SAFETY AND HEALTH

CITATION AND NOTIFICATION OF PENALTY PACKAGE

TO: Sunset Cultural Center, Inc.



EXPEDITED PROCEEDINGS LETTER
TO: Sunset Cultural Center, Inc.

REFERENCE:
The show must go on at the Sunset Center in Carmel after safety violations and fines.
Pam Marino
MONTEREY COUNTY WEEKLY
Jul 18, 2019

State of California, Department of Industrial Relations, Division of Occupational Safety and Health Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY- SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018

ABSTRACT: RE: Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY
SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018 and May 7, 2018 email from Robert M. Harary, PE, Director of Public Works, to Kelly Tatum, District Manager, document copy is embedded.


May 7, 2018 email from Robert M. Harary, PE, Director of Public Works, to Kelly Tatum, District Manager, document copy is embedded.
Complaint No. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY- SUPPLEMENT TO CITY RESPONSE DATED MAY 31, 2018

The State of California, Department of Industrial Relations, Division of Occupational Safety and Health, Interpreted Public Safety Director/Police Chief Paul Tomasi’s statements “I’ve had three electrical fires in the building in the past three years. We have shingles falling off the roof that have not been repaired. The emergency operations center flooded two years ago, and the fire department had to come clean it out. This building is an absolute mess” as a Complaint

ABSTRACT: In the news article entitled “Board: police station is ‘an eyesore,’ not historic,” MARY SCHLEY, The Carmel Pine Cone April 20, 2018, Public Safety Director/Police Chief Paul Tomasi “described the sad state of the station.”

“I spend more time in this building than I do my own home, so I know it pretty well,” he said, adding that it has been neglected for decades.
“We’ve had water leaks for over 30 years in this building,” he said, as has public works below. “I’ve had three electrical fires in the building in the past three years. We have shingles falling off the roof that have not been repaired. The emergency operations center flooded two years ago, and the fire department had to come clean it out. This building is an absolute mess.”
He also said its dispatch center is so outdated that employees have been injured working in it, and there’s nowhere to safely package evidence.
The State of California Department of Industrial Relations Division of Occupational Safety and Health interpreted that statement as a Complaint (Complaint No. 1332073) and transmitted a letter dated April 30, 2018 to the City of Carmel-by-the-Sea Police Department. The letter stated, in part, Code Section(s) and Alleged Condition(sl:
1. Potential concerns with hazards associated with electrical fires in building due to contact with water.
(Reference T8 CCR Sec. 2340.1, 2340.2, 3203)
2. Potential concerns with hazards associated with flooding inside building due to leaks in roof.
(Reference T8 CCR Sec. 3362, 3203)
3. Potential concerns with hazards associated with missing roof shingles on building. (Reference T8 CCR Sec. 1632, 3203)
… you are required to investigate the alleged condition(s) and notify this office in writing no later than fourteen (14) calendar days after receipt of this letter whether the alleged condition(s) exist and, if so, specify the corrective action(s) you have taken 2nd the estimated date when the corrections will be completed. If possible, please e-mail your response to Kelly Tatum, district manager, at DIRDOSHFREMONT@dir.ca.gov
Please include any written documentation, e.g., equipment purchase orders or contracts for corrective work, and photographs, if appropriate, in your response. If you do not respond in a timely and satisfactory manner, an unannounced inspection of your workplace will be scheduled, which may result in citation(s) and monetary penalties. Also, every tenth satisfactory letter response from employers is subject to verification by an inspection.
In a letter dated May 31, 2018, Robert Harary, P.E., Public Works Director, responded. The City’s response document copy is embedded.

 

REFERENCE: Board: police station is ‘an eyesore,’ not historic By MARY SCHLEY, The Carmel Pine Cone April 20, 2018, 1A & 15A

EDMUND G. BROWN JR., Governor
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
Division of Occupational Safety and Health
Fremont District Office
39141 Civic Center Drive, Suite 310 Fremont, CA 94538
Tel. # (510) 794-2521 Fax# (510) 794-3889
April 30, 2018
City of Carmel-by-the-Sea Police Department

City of Carmel-by-the-Sea
DEPARTMENT OF PUBLIC WORKS
May 31, 2018
State of California
Department of Industrial Relations
Division of Occupational Safety and Health
Fremont District
39141 Civic Center Drive, Suite 310
Fremont, CA 94538
Attention: Kelly Tatum, District Manager
RE: COMPLAINT NO. 1332073 RELATED TO CONCERNS AT THE CITY OF CARMEL-BY-THE-SEA POLICE DEPARTMENT FACILITY

Complaint #1025533: Case Closed

ABSTRACT: Eddie Miranda, District Manager, Cal/OSHA – Enforcement, stated in an email to Yvette Oblander “The Division has received your complaint response and reviewed your response to ensure the complaint issues have been investigated. A letter stating the complaint issues have been reviewed and a copy of your response will be sent to the complainant for their file and the case closed.” The email document copy is embedded.

Complaint #1025533 E-mail

From: DIR DOSHFREMONT [mailto:DOSHFREMONT@DIR.ca.gov]

Sent: Monday, November 16, 2015 10:36 AM
To: Yvette Oblander

Subject: RE: Complaint #1025533

COMMENTARY City of Carmel-by-the-Sea on Police Department Facility/Public Services Building & Corp Yard Facility: ‘Future impact would be extensive should the structure fail’

On September 25, 2015, a Carmel resident made a complaint to the Division of Occupational Safety and Health (Cal-OSHA) of the following hazardous conditions at the City of Carmel-by-the-Sea Police Department Facility/Public Services Building & Corp Yard Facility:
1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362
2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the electrical equipment is located. See T8CCR Section 2510.5

In response to the complaint, Andy Vanderford, Project Manager, Public Works Department, City of Carmel-by-the-Sea, submitted, in part, Exhibit A of work completed and a Value-Engineered scope of work of completed work and yet to be completed work addressing leaks, as follows:

Exhibit A

Scope of Work for Roof Leak Repairs at the Public Works/Police Headquarters Facility:

1. Excavate within the landscape planter exposing the waterproof membrane for inspection to determine its condition and develop a repair plan.
2. Extend the temporary rain tarp over the entire landscape planter.
3. Caulking of joints in the crawl space under the landscape planter abutting the Police building.
4. Re-caulking of joints located outside the police building front door, the exterior landing and steps. Caulking of joints in the crawl space under the landscape planter.
5. Water test deck drain piping system & associated repairs
6. Water test deck drain housings & associated repairs
7. Removal of decomposing wood form work within crawl space (potential source of mold, and potential health hazard)
8. New water-tight crawl space hatch cover
9. Systematic and repetitive water testing deck areas to troubleshoot leaks
10. Removal of an old retro-fitted exhaust fan and ducting (found to be a major source of leaks). Cover duct work opening top-side with plate aluminum, and caulk sealing. Cover opening bottom-side with sheet metal "leader-head" with drain pipe tie-in to the existing building plumbing.
11. Re-caulking of entire perimeter of parapet wall-to-deck intersecting joint.
12. Re-caulking of joints located outside the police building front door, the exterior landing and steps.

This work fixed a significant number leaks (all but two) entering into the public works and police department buildings.

Value-Engineered Scope of Work

The following is the Value-Engineered scope of work to resolve the leaks at the two planters, for which work started approximately one month ago, with an anticipated completion of November or December 2015, after which we anticipate that the roof will then be watertight with all leak sources repaired:
1. Staff relocation of the City's nursery out of the eastern planter. Work completed.
2. Installation of temporary ventilation air intake ducting away from work area to avoid smells and dust from entering the Police Station. Work completed. Exhibit "J".
3. Removal of all vegetation and organic material within the planters. Removal of drip irrigation. Work completed. Contractor's invoice pending.
4. Removal and abandonment of the low voltage landscape lighting. Work in progress.
5. Re-grading of planter subgrade soil for future relocated planter drains. Work to follow Item 4 above.
6. Raising of the planter drains approximately 18 inches to become surface drains. Work to follow Item 5 above.
7. Pouring of a concrete cap over top of the planters. Sloping of concrete to surface drains. Work to follow Item 6 above.
8. Installation of two scuppers per each planter. Work to follow Item 7 above.
9. Application of elastomeric coating on top of concrete cap. Work to follow Item 8 above.

Unfortunately, however, the work completed and yet to be completed described in Exhibit A and the Value-Engineered Scope of Work do not address the crux of the workplace health and safety issue, namely the preexisting and existing structural damage to the a Police Department Facility/Public Services Building & Corp Yard Facility caused by water intrusion over decades. As a previous city administration stated: “The existing structure is riddled with leaks that have rusted and deteriorated the reinforcing steel within the slab/roof…Currently City staff conduct patch type repairs in an effort to stop some of the leaks. However, the leaking persists. Future impact would be extensive should the structure fail.” (Source: City of Carmel-by-the-Sea, California Fiscal Year 2013-2014 Adopted Operating Plan & Budget, June 11, 2013). And as consultant Harris & Associates stated:”Roof leaks have occurred in the Public Services Garage since 1967. Structural concrete substrate under Plaza is failing due to on-going roof leaks/water intrusion. The facility does not conform to ADA compliance regulations throughout. Electrical, plumbing, and mechanical systems outdated."  Most importantly, Harris & Associates Observations and Recommendations state, in part: “The building has served its purpose for over fifty years, but it has not aged well. It has little to no historic importance, shows signs of structural decline, has significant water infiltration problems, is reliant on increasing outdated mechanical, electrical and plumbing systems, and it does not meet basic applicable codes.”
“Near-term fixes for the water problems may be possible, but they will not address other deficiencies: a more comprehensive approach is warranted and recommended. Given the time that it will take to plan and execute any meaningful solution, studying the options-the most likely being either extensive renovation, building replacement or department relocation-and selecting an approach should be a City priority.” (Source: Harris & Associates, City of Carmel-by-the-Sea: Police Department Facility Assessment, 2014).

Finally, according to the City’s latest Annual Financial Report, namely Finally, according to the City’s latest Annual Financial Report, namely CITY OF CARMEL-BY-THE-SEA, CALIFORNIA ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2014, “the City’s governmental funds reported combined ending fund balances of $10,722,340. Approximately 1.2% of this total amount ($119,785) is non-spendable to indicate that it is not available because it represents amounts that are more long-term in nature or will never be converted to cash. Of the remaining balance, $2,616,731 is restricted because it represents resources that are required to be spent for specific purposes as provided by an external source. The committed balance of $2,888,306 represents a Council commitment for economic uncertainties and anticipated future short-term structural deficits. The assigned fund balances in Special Revenue Funds amounted to $1,477,680 and represented Library, Parking and Ambulance Fund items. The remaining fund balance is unassigned.”  Ergo, $3,619,838 is unassigned.  Given the City’s assessment of the Police Department Facility/Public Services Building & Corp Yard Facility and consultant Harris & Associates’ Observations and Recommendations, the City has an obligation and duty to the citizens of the City of Carmel-by-the-Sea to place on a public hearing agenda the Consideration of Options for the City of Carmel-by-the-Sea Police Department Facility/Public Services Building & Corp Yard Facility, including either extensive renovation, building replacement or department relocation (per Harris & Associates recommendation), selecting an option and budgeting for the planning/design and construction of the selected option with general funds and “unassigned” reserve funds with the goal of realizing a Police Department Facility/Public Services Building & Corp Yard Facility that does not represent a workplace health and safety hazard.

REFERENCES:
Harris Associates - PD Facility Assessment

HARRIS & ASSOCIATES
Police Department Assessment (2014)

Harris Associates - PW Corp Yard Assessment

HARRIS & ASSOCIATES
Public Services Building & Corp Yard Assessment (2014)

Written & Published by L. A. Paterson (2015)

Division of Occupational Safety and Health Complaint No. 1025533: City’s Response, October 29, 2015

ABSTRACT:  On September 25, 2015, the Division of Occupational Safety and Health received a complaint of the following hazardous conditions at the City of Carmel-by-the-Sea Police Department Facility & Public Services Building & Corp Yard Facility:

Code Section(s) and Alleged Condition(s):

1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362

2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the electrical equipment is located. See T8CCR Section 2510.5

The City of Carmel-by-the-Sea’s response document copy is embedded.  SUMMARY HIGHLIGHTS are featured.

City of Carmel Response Letter Cal-OSHA Complaint No. 1025533 10-29-15

City of Carmel-by-the-Sea

PUBLIC WORKS DEPARTMENT

29 October 2015

State of California

Department of Industrial Relations

Division of Occupational Safety and Health

Fremont District Offices

SUBJECT: COMPLAINT NO. 1025533, RELATED TO CITY OF CARMEL'S PUBLIC WORKS/ POLICE FACILITY (CONSTRUCTED IN 1966)

Andy Vanderford Project Manager

REFERENCE:

CITY OF FRESNO RETIREMENT SYSTEMS
REGULAR MEETING OF THE EMPLOYEES RETIREMENT BOARD
AGENDA
Wednesday, February 12, 2014

A. CONSENT CALENDAR
3. Approve application(s) for service retirement:

NAME EFFECTIVE DATE
Andrew K. Vanderford 2/7/2014

At the Carmel City Council meeting, March 4, 2014, City Administrator Jason Stilwell introduced Andy Vanderford as project manager, capital improvements, specifically Scenic Road Restrooms and Forest Theater. Vanderford said that he had been an employee of the City of Fresno for 25 years; 17 years in facilities management division, performing minor capital projects (maintenance, painting, remodeling), and then promoted in 2006 to handle major capital projects, primarily a $30 million bond for parks, capital projects new parks, improvements of city parks. 

SUMMARY HIGHLIGHTS OF CITY’S RESPONSE TO COMPLAINT NO. 1025533:

EXHIBIT “A”

Scope of Work for Roof Leak Repairs at the Public Works/ Police Headquarters Facility:

1 . Excavate within the landscape planter exposing the waterproof membrane for inspection to determine its condition and develop a repair plan.

2. Extend the temporary rain tarp over the entire landscape planter.

3. Caulking of joints in the crawl space under the landscape planter abutting the Police building.

4. Re-caulking of joints located outside the police building front door, the exterior landing and steps. Caulking of joints in the crawl space under the landscape planter.

5. Water test deck drain piping system & associated repairs

6. Water test deck drain housings & associated repairs

7. Removal of decomposing wood form work within crawl space (potential source of mold, and potential health hazard)

8. New water-tight crawl space hatch cover

9. Systematic and repetitive water testing deck areas to troubleshoot leaks

10. Removal of an old retro-fitted exhaust fan and ducting (found to be a major source of leaks). Cover duct work opening top-side with plate aluminum, and caulk sealing. Cover opening bottom-side with sheet metal "leader-head" with drain pipe tie-in to the existing building plumbing.

11. Re-caulking of entire perimeter of parapet wall-to-deck intersecting joint.

12. Re-caulking of joints located outside the police building front door, the exterior landing and steps.

This work fixed a significant number leaks (all but two) entering into the public works and police department buildings.

A. Responses to Item No. 1 as listed in your letter:
4. "This condition has existed for 5 years and has not been corrected":

a. Statement is partly true. The leaks coming from the two planters still exist. However, as noted above in Response No. 1, these leaks are currently being addressed. Moreover, over the course of the last year, all other leaks have been repaired as indicated in Exhibit "A".

b. A summary of the work conducted to date towards addressing leaks is as follows:

viii. The following is the Value-Engineered scope of work to resolve the leaks at the two planters, for which work started approximately one month ago, with an anticipated completion of November or December 2015, after which we anticipate that the roof will then be watertight with all leak sources repaired:

1. Staff relocation of the City's nursery out of the eastern planter. Work completed.

2. Installation of temporary ventilation air intake ducting away from work area to avoid smells and dust from entering the Police Station. Work completed. Exhibit "J".

3. Removal of all vegetation and organic material within the planters. Removal of drip irrigation. Work completed. Contractor's invoice pending.

4. Removal and abandonment of the low voltage landscape lighting. Work in progress.

5. Re-grading of planter subgrade soil for future relocated planter drains. Work to follow Item 4 above.

6. Raising of the planter drains approximately 18 inches to become surface drains. Work to follow Item 5 above.

7. Pouring of a concrete cap over top of the planters. Sloping of concrete to surface drains. Work to follow Item 6 above.

8. Installation of two scuppers per each planter. Work to follow Item 7 above.

9. Application of elastomeric coating on top of concrete cap. Work to follow Item 8 above.

However, importantly, consultant Skyline Engineering, Inc. made the following recommendations:

December 3, 2014

PATIO DECK & PLANTER

RECOMMENDATIONS AND BUDGETS

City of Carmel by the Sea

RECOMMENDATIONS AND BUDGETS FOR PERIMETER WALLS

Repair exterior plaster. Fabricate and install sheet metal coping cap. Install elastomeric coating over wall. Estimated budget $30,000.

RECOMMENDATIONS AND BUDGETS FOR PLANTERS

Option #1: Remove vegetation and cover planters with framing, plywood, and roof covering. Estimated cost $50,000.
Option #2: Excavate planters. Install waterproofing membrane to line planters. Replace soil and vegetation. Estimated cost $150,000

RECOMMENDATIONS AND BUDGETS FOR PATIO DECKS

Option #1: Remove topping slab. Install new thermoplastic membrane over lower structural slab (slope to drain). Install new pavered system set on stands. Approximate budget estimate for this option is $500,000.
Option #2: Retrofit ½ " plywood over existing deck. Install PVC membrane specially designed for pedestrian traffic. Stairs will need to be specially sealed and coated in order to integrate into the system. Approximate budget for this option $200,000.
Option #3: Prep the existing deck. Seal all joints. Install liquid applied urethane deck coating system. Approximate budget $150,000.

December 2, 2014

MEMBRANE ROOFING ANALYSIS

City of Carmel by the Sea

SUMMARY OF CONSTRUCTION- CONDITION- RECOMMENDATIONS- BUDGETS

Loader Shelter
Recommendation: Replacement in 2016 (Thermoplastic membrane roofing)
Estimated replacement cost: $15,000

Hi Ranger Shelter
Recommendation: Replacement in 2016 (Thermoplastic membrane roofing)
Estimated replacement cost: $30,000

Offices & Admin
Recommendation: Replacement 2016 (Thermoplastic membrane roofing)
Estimated replacement cost: $30,000

Asbestos, Lead, and Mold Exterior Building Envelope Survey

Report

CITY OF CARMEL BY THE SEA

POLICE HEADQUARTERS AND PW/PS ADMIN COMPLEX

December 16, 2014

Recommendations

Skyline Engineering conducted limited bulk sampling of various roofing materials suspected to be Asbestos Containing Material.
Skyline Engineering recommends that an appropriately qualified contractor complete the handling or the removal of ACM and LCM. Any work disturbing lead containing material should comply with the Cal/OSHA 8CCR 1532.1 Lead in Construction Standard. Any work disturbing asbestos containing material should comply with the Cal/OSHA 8CCR 1529.

Division of Occupational Safety and Health Complaint No. 1025533 Alleges Conditions at Police Department/Public Works Department Workplace Which May be a Violation of the Safety Orders, Title 8 of the California Code of Regulations

ABSTRACT: In a letter from Noemi Herrera. Safety Engineer, STATE OF CALIFORNIA, DEPARTMENT OF INDUSTRIAL RELATIONS, Division of Occupational Safety and Health, Fremont District Office, dated October 13, 2015, to Doug Schmitz, City Administrator (Employer), Herrera states that “The Division of Occupational Safety and Health has received a complaint {Complaint No. 1025533) alleging the following condition(s) at your workplace at 2nd location: Torres & 4th, Carmel By The Sea, which may be a violation of the Safety Orders found in Title 8 of the California Code of Regulations:
Code Section(s) and Alleged Condition(s):
1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362
2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the electrical equipment is located. See T8CCR Section 2510.5
Furthermore, the letter states“you are required to investigate the alleged condition(s) and notify this office in writing no later than fourteen {14) calendar days after receipt of this letter whether the alleged condition(s) exist and, if so, specify the corrective action(s) you have taken and the estimated date when the corrections will be completed.”
California Code of Regulations, Title 8, Section 3362 and Section 2510.5 are reproduced. A document copy of the letter is embedded.

Code Section(s) and Alleged Condition(s):

1. When it rains the roofs of the Police Station and Public Works Department leak. Also, the basement of the Communications Department floods. Buckets are used to collect the water. This condition has existed for 5 years and has not been corrected. As a result, there may be mold growth and there may be areas where mold on surfaces was painted over. See T8CCR Section 3362

Subchapter 7. General Industry Safety Orders
Group 2. Safe Practices and Personal Protection
Article 9. Sanitation

§3362. General Requirements.

(a) To the extent that the nature of the work allows, workplaces, storerooms, personal service rooms and passageways shall be kept clean, orderly and in a sanitary condition. The interiors, exteriors and environs of buildings that contribute to a hazard to which these orders apply shall be cleaned and maintained in such conditions as will not give rise to harmful exposure, as defined in Section 5140.

(b) Cleaning and sweeping shall be done in such a manner as to minimize the contamination of the air and, insofar as is practicable, shall be performed at such time and in such a manner that will avoid harmful exposures as defined in Section 5140.

(c) To facilitate cleaning, every floor, workroom, personal service room and passageway shall be kept free from protruding nails, splinters, loose boards and unnecessary holes and openings.

(d) All putrescible waste or refuse shall be stored in a receptacle so constructed that it does not leak and may be conveniently and thoroughly cleaned. Such a receptacle shall be maintained in a sanitary condition and shall be equipped with a tight fitting cover if it cannot be maintained in a sanitary condition without one. (This provision does not prohibit the use of receptacles which are designed to permit the maintenance of a sanitary condition without regard to the above requirements.)

(e) All sweepings, putrescible wastes, refuse and garbage shall be removed in such a manner as to avoid creating a nuisance and shall be removed as often as necessary to avoid creating a menace to health through the development of unsanitary conditions.

(f) Every enclosed workplace and personal service room shall be equipped and maintained, insofar as is practicable, to prevent the entrance or harborage of insects, rodents or other vermin. An effective program of extermination and control shall be instituted whenever their presence is detected.

(g) When exterior water intrusion, leakage from interior water sources, or other uncontrolled accumulation of water occurs, the intrusion, leakage or accumulation shall be corrected because of the potential for these conditions to cause the growth of mold.

NOTE Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code

2. Electrical hazards. Electrical equipment such as circuit breakers and outlet plugs are not protected from water leaks. The location is at the exit from the Police Station into the Public Works garage. When it rains, water runs down the wall where the elect rical equipment is located. See T8CCR Section 2510.5

Subchapter 5. Electrical Safety Orders
Group 1. Low-Voltage Electrical Safety Orders
Article 51. Lighting Fixtures, Lampholders, Lamps and Receptacles

§2510.5. Wet and Damp Locations.

Fixtures installed in wet or damp locations shall be approved for the purpose and shall be so constructed or installed that water cannot enter or accumulate in wireways, lampholders, or other electrical parts.

(a) A receptacle installed in a wet or damp location shall be suitable for the location.

(b) A receptacle installed outdoors in a location protected from the weather or in other damp locations shall have an enclosure for the receptacle that is weatherproof when the receptacle is covered (attachment plug cap not inserted and receptacle covers closed).

NOTE: A receptacle is considered to be in a location protected from the weather when it is located under roofed open porches, canopies, marquees, or the like and where it will not be subjected to a beating rain or water runoff.

(c) A receptacle installed in a wet location where the product intended to be plugged into it is not attended while in use (for example, sprinkler system controllers, landscape lighting, and holiday lights) shall have an enclosure that is weatherproof with the attachment plug cap inserted or removed.

(d) A receptacle installed in a wet location where the product intended to be plugged into it will be attended while in use (for example, portable tools) shall have an enclosure that is weatherproof when the attachment plug cap is removed.

Note: Authority cited: Section 142.3, Labor Code. Reference: Section 142.3, Labor Code.

Cal-OSHA Letter {Complaint No. 1025533) 10-13-15

EDMUND G. BROWN JR., Governor
STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS
Division of Occupational Safety and Health
Fremont District Office
39141 Civic Center Drive, Suite 310
Fremont, CA 94538
Tel. # (510) 794-2521 Fax # (510) 794-3889
October 13, 2015
Attn: Doug Schmitz, City Administrator
City of Carmel-by-the Sea
P.O. Box CC
Carmel-By- The- Sea, CA 93921
Noemi Herrera
Safety Engineer