Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 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, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Fire Chief, Human Resources Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning and Engineering, Deputy Police Chief, Housing & Property Manager, Principal Planner, Deputy Police Chief, Principal Engineer, Administrative Analyst-Real Estate CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Presentation of William E. Parker Award to Fire Captain Roger Reed for Extraordinary Leadership in Community Service (Fire - 701-17) Action: Presentation made Mayor Della Sala presented the award to Fire Captain Roger Reed, and Captain Reed made brief comments. CONSENT ITEMS Councilmember Selfridge asked to remove Item 7 from the Consent Agenda for discussion. Councilmember Downey asked to remove Item 11. She said that she has received several comments regarding Item 5, and there has not been much research done on Marijuana, so she cautioned people regarding absolutes. Councilmember Haferman registered a no vote on item 5. A member of the public asked to remove Item 3 from the consent agenda. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the consent agenda, except Items 3, 7, and 11, and with Councilmember Haferman voting no on Item 5: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Ordinances 2. First Reading - Adopt Ordinance Amending Monterey City Code Chapter 30, Installation, Maintenance and Use of Grease Traps, Grease Interceptors or Other Comparable Devices (Plans and Public Works - 802-02) Action: Passed Ordinance to print  City Council Minutes Tuesday, March 2, 2010 3. Second Reading - Ordinance Amending the Monterey City Code Chapter 38 (Zoning) to Create Regulations for Personal Wireless Service Facilities, Amend Definitions and Use Charts, and Delete Regulations for Antenna/Microwave Equipment. (Plans and Public Works - 701-11) Action: Removed from Consent; received public comments; discussed; and adopted Ordinance No. 3443 Mayor Della Sala opened the floor for comments on the item. Lorna Moffett suggested that the Council take time to study this issue further, as cell towers are very dangerous. Brian Rosen said that there are great concerns over cell towers, and federal law is open to the interpretation. He said that it is a violation of constitutional rights to harm citizens and he asked to post warnings near towers. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On question, Chief of Planning and Engineering Rerig explained the public noticing process for locating cell towers and stated that the City's approach has been to make the structures disappear as much as possible. Councilmember Haferman clarified that the ordinance is directed toward the zoning of locations. He said that televisions and other devices emit electromagnetic waves as well. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Ordinance No. 3443 amending the Monterey City Code Chapter 38 (Zoning) to create regulations for personal wireless service facilities, amend definitions and use charts, and delete regulations for antenna/microwave equipment: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 4. Second Reading - Adopt Ordinance Amending Monterey City Code Chapter 38 (Zoning) Adding Article 20A Landscaping Regulations (Plans and Public Works - 701-11) Action: Adopted Ordinance No. 3444 5. Second Reading - Extension 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 and Direction to Staff (City Attorney - 701-11) Action: Adopted Ordinance No. 3445 (4-1; Haferman voting no) Resolutions 6. Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding for Data Sharing with Law Enforcement Agencies within the South Bay Information Sharing System (SBISS) – South Bay Region Node (Police - 607-09) Action: Adopted Resolution No. 10-018 C.S. 7. Amending Resolutions 08-178 and 09-125 Changing the Scope of Work for Mark Thomas & Company Program Management and Design Services ***NIP & CIP*** (Plans and Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 10-019 C.S. Principal Engineer McMinn presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments, and having no requests to speak, closed public comments. 2  City Council Minutes Tuesday, March 2, 2010 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-019 C.S. amending Resolutions 08-178 and 09-125 changing the scope of work for Mark Thomas & Company Program Management and Design Services: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 8. Approval of Resolution Authorizing the Application for, and Acceptance of an Energy Efficiency and Conservation Block Grant from the California Energy Commission to Implement Energy Efficient Measures (ARRA), and a Resolution to Repeal Resolution 09-211 (Plans and Public Works - 409-02) Action: Adopted Resolution No. 10-020 C.S., authorizing application and acceptance of a Block Grant, and Resolution No. 10-021 C.S., repealing Resolution 09-211 C.S. 9. Authorizing the Transfer and Appropriation of Funds to Purchase a Replacement 3/4 Ton Pickup Truck for Parking Maintenance (Plans and Public Works - 812-02) Action: Adopted Resolution No. 10-022 C.S. 10. Authorizing the Appropriation and Transfer of Scholze Park Funds for Wall Repair, Tree Removal and Replacement at Scholze Park (Plans and Public Works - 803-08) Action: Adopted Resolution No. 10-023 C.S. 11. Awarding of Professional Services Contract for Visitor Center Roof Replacement and Seismic Upgrade Design***CIP*** (Plans and Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 10-024 C.S. Principal Engineer McMinn presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, returned the discussion to the City Council. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-024 C.S., awarding a professional services contract for Visitor Center roof replacement and seismic upgrade design: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 12. Authorizing a Contract with Monterey City Disposal Service to Implement a Multi-Family Beverage Container Redemption Fee Program within the City of Monterey on a Reimbursable Basis, and Authorizing an Appropriation of Funds (Plans and Public Works - 802-07) Action: Adopted Resolution No. 10-025 C.S. Other 13. Approval of Proposed Donation of a Monument on the Recreation Trail, facing Fisherman’s Wharf, Recognizing the Booth Cannery Historic Site on the Occasion of the Monterey Commercial Property Owners Association’s (MCPOA) 20th Anniversary (Library - 308-03) Action: Approved Mayor Della Sala noted that MCPOA is making this donation in commemoration of the first sardine canning factory. 3  City Council Minutes Tuesday, March 2, 2010 ***End of Consent Agenda*** Adjourn to Redevelopment Agency Meeting 14. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Sam Raskin and Rick Marvin to Accept Report and Provide Direction on Items Related to a New Lease at 601 Wave Street, Suite 100 ( Vacant My Museum Space) (Plans and Public Works - 206-03) Action: Authorized Closed Session On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council authorized a closed session conference pursuant to Government Code Section 54956.8 with City real property negotiators Chip Rerig, Sam Raskin and Rick Marvin on items related to a new lease at 601 Wave Street, Suite 100 ( Vacant My Museum Space): 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 PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Lorna Moffett reiterated that cell phones are dangerous, saying that there is extensive documentation on the danger. She voiced concerns regarding the City's law regarding sleeping in cars and asked for changes. Brian Rosen said that while he spoke about police harassment of homeless people, he does not want to infer that Monterey police have acted inappropriately. He suggested that City administrators have their salaries reduced. He said that there are no recycling containers at the Trader Joe's shopping center, and they require anyone who wants to set up a table to have insurance. Dick Vreeland, Monterey citizen, said that he has no special qualifications regarding tsunamis. He suggested that electric warning signs be placed at each end of the tunnel in the event of a tsunami, as well as on the Wharves, parking lots, Dennis the Menace Park, and art museum. He mentioned that the Navy School might be also vulnerable. Scott Wade, Greenway of Santa Cruz, offered to give the Council a tour through his facility and help write an ordinance. He urged Council to move forward with medical marijuana regulations as soon as possible, as there is a community consensus to do so. City Manager Meurer reviewed this weekend's activities and precautions regarding the tsunami warning. Mayor Della Sala said that Management staff has been the first to give back to the organization and should be appreciated and thanked. Having no further requests to speak, Mayor Della Sala closed Public Comments and adjourned the meeting to Closed Session at 5:00 p.m. He reconvened the meeting in open session at 7:00 p.m. 4  City Council Minutes Tuesday, March 2, 2010 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions: In a conference with labor negotiators regarding all employee organizations and unrepresented employees, the City Council received and discussed a report. In a conference with real property negotiators, the City Council accepted a report and with a unanimous roll call vote, gave confidential direction to their negotiators regarding a new lease at 601 Wave Street, Suite 100. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. David Dilworth voiced concerns regarding aerial spraying for the light brown apple moth. He asked Council to add an emergency item to tonight's agenda to approve a letter to the Department of Food and Agricultural asking them to delay a decision on the EIR. On request of the Mayor, the City Attorney opined that this topic does not meet the requirements nor rise to the level of an emergency in order to add it to the agenda under the Brown Act. Chief of Planning and Engineering Rerig said that staff sent a letter on the draft EIR, and could follow up with a similar letter for the Mayor to sign based on Council's past action. Dennis Knepp, Monterey resident, said that the State is not immediately planning to spray, and unpopulated areas are considered to be 100 people per square mile or less. He said that there is no concrete plan in the EIR on how or when to spray, and he asked the City to request more time prior to the adoption of the Final EIR. Mike DeLay, Pacific Grove resident and member of Stop the Spray, submitted copies of a sample letter from the City of Albany, and asked the Council to write a similar letter to the Department of Food and Agriculture. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that Council's position is well known, and staff can proceed on that basis. PUBLIC APPEARANCE 15. Mid-year Budget Review (Finance - 406-03) Action: Received and discussed report. Finance Director Rhoads presented the staff report. Mayor Della Sala opened the floor for public comments. Mike Dawson asked for details regarding the increase in expenditures over the next five years, and Finance Director Rhoads confirmed that the amounts include COLAs and PERS increases. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Mayor Della Sala asked that everyone work together to get through the next few years. Councilmember Haferman said that it is important to recognize that there is a structural imbalance, which will necessitate tough decisions. Councilmember Downey said that the Council must always be careful about spending the ending balance. 5  City Council Minutes Tuesday, March 2, 2010 OTHER BUSINESS 16. Direction on Awards Program for Volunteers (City Council - 502-14) Action: Tabled City Manager Meurer gave a brief overview of the current recognitions that the City presents. Councilmember Selfridge said that she would like to establish a program that would give people something to celebrate. She suggested that a Council subcommittee do the work, not staff. Mayor Della Sala opened the floor for public comments, and no one came forward. He returned the discussion to the dais. Councilmember Sollecito said that given the bleak budget scenario he his hesitant to enact a new program, as he believes that it would cost staff time. Councilmember Haferman said he is supportive, but he would not want to put any additional burden on staff and it is likely that there would be some staff time required. He said that more details are needed. Mayor Della Sala agreed that this is a good idea, and would be another way to recognize people. He said that he is concerned about the timing because staff is lean, and it is likely that additional staff time would be needed. He suggested that Councilmember Selfridge work out some more details and bring it back in the future. Councilmember Downey agreed. Councilmember Haferman said that he would work with Councilmember Selfridge to create more details, and Councilmember Selfridge agreed. Councilmember Downey suggested that rather than a routine quarterly award, it would mean more if it were spontaneous. It was moved by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, to table the matter: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Sollecito thanked Assistant Public Works Director Uslar for obtaining a significant rebate from PG&E. Councilmember Haferman said that the Mayor did a good job at yesterday's press conference regarding the cross. He said that under the circumstances this was the best possible outcome. Mr. Haferman said that a couple of weeks ago he advised the Assistant Public Works Director of a burned out street light, and it was quickly repaired. He noted that times are tough, the level of service cannot be the same as it was, and he appreciates the work staff does. Councilmember Downey said that she will be going to Washington DC to lobby for transportation funds. She said that she heard raves about the Library's Chocolate and Wine event. Ms. Downey urged residents to "Buy Local." She thanked Jeff Landsman who spoke recently on Historic Monterey. She thanked the staff for using larger fonts on the Council presentations. She agreed that the resolution on the cross was a good one. Councilmember Selfridge commented that the public works staff quickly fixed a recent sewer leak. She reported that the Daughters of the Resolution would be celebrating the 161st anniversary of Colton Hall this weekend. Ms. Selfridge said that the CERT group is working hard and will be in need of $11,000 for next year's training. She said that Wayne Donaldson is supportive of Monterey's efforts to reopen historic buildings. 6 City Council Minutes Tuesday, March 2, 2010 Mayor Della Sala thanked Bishop Garcia for his attempt to unify the community regarding the cross issue. He announced that construction has resumed on the Monterey Hotel, and he thanked the RDA for their support. He thanked Property and Housing Manager Marvin for his negotiations on this project. CITY MANAGER REPORTS City Manager Meurer reported that Councilmember Downey's trip to Washington is being funded by another agency. He commended the Property Management staff for their work on the Monterey Hotel negotiations. He said that the Sausalito Land Company has almost completed the work on the old futon site, and he has heard that there will soon be a tenant in the building across from Trader Joe's. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:33 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7