Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 2, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Director of Information Present: Resources/City Clerk, Finance Director, Fire Chief, Human Resources Director, Library Director, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning, Engineering, & Environmental Compliance, Housing & Property Manager, Principal Planner, Traffic Engineer, Police Lieutenant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Presentation from Monterey Commercial Property Owners Association (MCPOA) "Recreation Playship Donation" (Recreation - 409-03) Action: Presentation made Mike Mosebach, President of the Monterey Commercial Property Owners Association, presented to the Mayor and City Council a check in the amount of $2,500. 2. Presentation to City Council of the 2009 Cut Back California Energy Curtailment Program Results (Plans and Public Works - 706-03) Action: Presentation given General Services Superintendant Helms gave a presentation, and accepted a commemorative plaque. CONSENT ITEMS Assistant City Manager Cohn said that a member of the public has asked to remove Item 7 from the Consent Agenda. Councilmember Downey noted a minor correction to Ordinance No. 3441. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda, except Item No. 7, which was removed for discussion, and with Councilmember Haferman registering a no vote on Item 5: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, February 2, 2010 Approval of Minutes 3. January 19, 2010 (Information Resources - 701-09) Action: Approved Ordinances 4. Second Reading-Ordinance to Repeal and Reenact Monterey City Code Section 22-29 (Regulation of Smoking in Public Places) and Repeal of Chapter 22, Article 3, of the Monterey City Code (Smoking Regulations) (City Attorney - 703-04) Action: Adopted Ordinance No. 3442 C.S. 5. Second Reading of Interim Urgency Ordinance 3441 C.S. of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Medical Marijuana Dispensaries Pursuant to Government Code Section 65858 and adopted January 19, 2010 (City Attorney - 703-04) Action: Adopted Ordinance No. 3441 C.S. with correction (4-1; Haferman voting no) Resolutions 6. Approving Revised Regional Development Impact Fees for Transportation Purposes by the Transportation Agency for Monterey County (TAMC) (Plans and Public Works - 407-06) Action: Adopted Resolution No. 10-007 C.S. 7. Approval of Transfer of Funds and Adoption of Findings Necessary to Appropriate Neighborhood Improvement Program Funds for Ordinary and Necessary Services in the General Fund (Finance - 406-04) Action: Removed from Consent; received public comment; discussed; and adopted Resolution No. 10-008 C.S. Mayor Della Sala opened the floor for public comment on the item. Richard Ruccello, NIP representative, clarified the NIP's discussion and recommendation. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the transfer of funds and adoption of Findings necessary to appropriate Neighborhood Improvement Program funds for ordinary and necessary services to the General Fund, and NIP funds are to be used only for City services: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Assistant City Manager Cohn clarified that the City often collaborates with partners to deliver City services and the question is whether the services are essential. Councilmember Downey noted that the NIP passed their recommendation unanimously. Mayor Della Sala thanked the NIP Committee for their recommendation. 2  City Council Minutes Tuesday, February 2, 2010 8. Authorizing a Mills Act Contract for the H-2 (Historic Landmark) Designated Property located at 314 Watson Street (Plans and Public Works - 203-02) Action: Adopted Resolution No. 10-009 C.S. Other 9. Settlement of Workers' Compensation Claim - R. Giorgi (Human Resources - 408-04) Action: Approved 10. Recommendations for Appointments to the Committee, Colton Hall Museum/Cultural Arts Commission, Historic Preservation Commission, and Parks and Recreation Commission (Information Resources - 701-06) Action: Approved appointments as recommended ***End of Consent Agenda*** Adjourn to Ocean View Community Services District Meeting Mayor Della Sala adjourned the meeting to the Ocean View Community Services District meeting. 11. Ocean View Community Services District Quarterly Report (City Attorney - 701-03) Action: Received report On a motion by Director Downey, seconded by Director Haferman, and carried by the following vote, the CSD Board received the Ocean View Community Services District Quarterly Report. AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Adjourn to City Council Meeting Chair Della Sala adjourned the meeting back to the City Council. PUBLIC COMMENTS Mayor Della Sala opened the floor for Public Comments on items not on the agenda. Richard Ruccello gave an update on the Community Emergency Response Team (CERT). Uwe Grobecker, Santa Lucia Cafe owner, voiced concerns regarding deterioration and vacancies in the Downtown and some needed improvements to Griffin Plaza. He made specific recommendations on how to improve several areas of the Downtown. Having no further requests to speak, Mayor Della Sala closed public comments and noted that the City would check the lighting situation at Griffin Plaza. He gave a brief synopsis of how the City is encouraging redevelopment Downtown. Councilmember Downey gave further clarifications. ***Adjourn to Closed Session*** Mayor Della Sala adjourned the meeting to Closed Session at 4:35 p.m. The City Council recessed at 5:18 p.m., then reconvened in open session at 7:00 p.m. 3  City Council Minutes Tuesday, February 2, 2010 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council received and discussed a report in a Conference with the City's real property negotiators on lease related items for the Sea Scout Building located on the Catellus East property, and there was no action taken. Ms. Gawf announced that in a conference with legal counsel regarding one case of potential litigation, the City Council gave confidential direction to their legal counsel, and the vote was 4-1, with Haferman voting no. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened the floor for Public Comment. Bob Oliver said that he has been in contact with Charles Holifield, who iss serving time, and that he was tried and convicted unjustly. Mr. Oliver asked the Council to fund a lie detector test for Mr. Holifield in the amount of $1,000. Councilmember Sollecito said that he worked on the case, and he does not agree with the speaker. He said that Mr. Holifield was not treated unjustly in the City of Monterey. Lorna Moffett voiced concerns regarding spraying Roundup on the Wharf parking lot. Brian Rosen said that Ventura County has been using Roundup on the red-legged frog habitat, and that is against the law. He asked Council to stop the use of Roundup. Having no further requests to speak, Mayor Della Sala closed Public Comment. Mayor Della Sala said that there is a request to consider Item 13 first tonight, and that Item 12 would be heard afterward. PUBLIC APPEARANCE 12. Presentation of the Status of the Regional Alternative Water Project, Phase I. (Plans and Public Works - 203-07) Action: Report received and discussed Senior Associate Planner Bennett introduced Jim Heitzman, General Manager of the Marina Coast Water Project; Craig Anthony, Cal Am General Manager; Curtis Weeks, General Manager of the Monterey County Water Resources Agency; and Keith Israel, General Manager of the Monterey Regional Water Pollution Control Agency. Each of the gentlemen gave a brief presentation detailing the project. Mayor Della Sala opened the floor for public comment on the item. Tom Rowley said that this project has strong leadership, and the PUC should be thanked for not giving up on this community. He said that the devil is in the details, and he thanked the Council for appointing Councilmember Downey to help keep up the momentum on this project. Bob Oliver asked if water is free and people pay for its transportation. He said that the Carmel River used to flow year-round, but has been destroyed by too much pumping. Mr. Weeks responded to Mr. Oliver's question, saying that environmental issues are different than they were years ago. He clarified that people pay for the pumping and treatment of water, rather than the water itself. Councilmember Downey said that this group has worked very hard, and each agency has cooperated to make this project successful. She thanked Supervisors Calcagno and Potter for their support on behalf of the County. 4  City Council Minutes Tuesday, February 2, 2010 13. Receiving Report from the Transportation Agency for Monterey County (TAMC) Staff on Regional Development Impact Fees for Transportation Purposes (Plans and Public Works - 1001-03) Action: Report received and discussed Don Bachman introduced the item, and Mike Zeller presented the report. On question, Mr. Bachman presented additional details regarding specific projects. Mayor Della Sala opened the floor for public comment on the item. Bob Oliver asked questions regarding the Del Monte widening project, and TAMC, and City staff made clarifications. Tom Rowley noted that Highway 156 improvements have been a top priority for years. He said that the high cost for those improvements is largely due to the interchange at Federal Highway 101, and it is unfair to have local citizens to pay for that interchange. Brian Rosen voiced concerns that nothing happens with mass transit, and the highways are being widened. Lorna Moffett agreed with the previous speaker, and asked if the money could be used for mass transit, and Mr. Zeller stated that this funding is primarily for highway funding. City Manager Meurer said that tonight's agenda item is about one part of the transportation program, and there are other pieces to the puzzle. Having no further requests to speak, Mayor Della Sala closed public comment on the item. 14. Consideration of a New Lease for the Sea Scout Building Located on the Catellus East Property at 285 Figueroa Street(AP#001-702-013-000) (Plans and Public Works - 206-03) Action: Adopted Amended Resolution No. 10-010 C.S., authorizing a new lease for the Sea Scout building Mayor Della Sala called a recess at 8:54 p.m., then reconvened the meeting at 9:03 p.m. Sam Rashkin presented the staff report, recommending that the Council adopt the updated resolution. Mayor Della Sala opened the floor for public comment on the item. Bob Oliver supported the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the staff recommendation and adopted amended Resolution No. 10-010 authorizing a new lease for the Sea Scout Building located on the Catellus East property at 285 Figueroa Street (AP#001-702-013-000): AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Adjourn to City Council Meeting COUNCIL COMMENTS Councilmember Sollecito reported on a recent meeting of the League of California Cities Employee Relations Committee where a ballot initiative to protect local funds was discussed. He asked to agendize an item to support the initiative, and noted that signature collection to get it on the ballot is currently under way. Councilmember Downey said she enjoyed the recent concert in Colton Hall, and she encouraged others to attend. She said she is impressed with NIP's willingness to help the City 5  City Council Minutes Tuesday, February 2, 2010 with the budget. She suggested that the City consider the Griffin Plaza lighting issue and asked when the Ruhnke plan committee would get together. Chief of Planning Rerig said that staff would meet with Mr. Ruhnke next week, and a Planning Commission recommendation would be forthcoming. City Manager Meurer said he plans to have the presentation made to the neighborhood association presidents. Mayor Della Sala noted that the Monterey community has come together to accomplish a water project, and he thanked Councilmember Downey for her work. He noted that TAMC has done great regional work as well, and he thanked Councilmember Sollecito for his work. He thanked Councilmember Selfridge for her work with the fishing industry and Councilmember Haferman for his work on North Fremont. 15. Request to Agendize a Recognition Program for Environmental Stewardship (City Council - 802-07) Action: Agendized On a motion by Councilmember Selfridge, seconded by Mayor Della Sala, and carried by the following vote, the City Council agendized a recognition program for environmental stewardship: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Meurer reported that the City received a $650,000 grant to improve the Pacific- Del Monte intersection and a $1.5 million loan for street light improvements. He reported on last Thursday's History and Art membership meeting. He noted that there is continuing concern that there might be an effort to eliminate the maritime focus of the museum, but the Board is trying to be responsive to the public as well as market analysis. ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION ADJOURNMENT Having no further requests to speak, Mayor Della Sala adjourned the meeting at 9:30 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 6