Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 20, 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, Human Resources Director, Library Director, Police Chief, City Engineer, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Public Facilities Director, Housing & Property Manager, Principal Planner, Harbormaster CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognizing Volunteers with10+ years in the City (Human Resources - 701-17) Action: Recognition given Mayor Della Sala and the Councilmembers recognized and thanked the City volunteers and Board and Commission Members 2. Tree City USA Presentation/Arbor Week--29 Years (Plans and Public Works - 810-01) Action: Presentation made Assistant Urban Forrester introduced Bob Taylor, Cal Fire, who presented the Tree City USA award. The City Council received the award and recognized April 19th through 23rd as Arbor Week. CONSENT ITEMS Councilmember Selfridge recused herself from voting on Item 12. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Approval of Minutes 3. April 6, 2010 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, April 20, 2010 Resolutions 4. Ordering Engineer’s Report – Alvarado Street Maintenance District 85-1 (Plans and Public Works - 407-08) Action: Adopted Resolution No. 10-043 C.S. 5. Ordering Engineer’s Report – Calle Principal Maintenance District 00-1 (Plans and Public Works - 407-08) Action: Adopted Resolution No. 10-044 C.S. 6. Amending Resolution 10-001 C.S., Revising The Scope of Work For The Remove Inactive Communication Lines, Base-Wide: American Recovery And Reinvestment Act (ARRA) Project And Approval of Related Funding ***PMSA*** (Plans and Public Works - ) Action: Adopted Resolution No. 10-045 C.S. 7. Authorizing Purchase of Replacement Parking Meters for the Cannery Row Area (Public Facilities - 901-05) Action: Adopted Resolution No. 10-046 C.S., authorizing contract with IPS Group Inc, and Resolution No. 10-047 C.S., authorizing contract with POM Inc. 8. Temporary Revision to Policies and Procedures Manual of the Neighborhood Improvement Program (NIP) for Projects Nominated for Fiscal Year 2010/2011 Funding Consideration (Plans and Public Works - 701-06) Action: Adopted Resolution No. 10-048 C.S. 9. A Resolution Accepting Grant Funds From the California State Department of Boating and Waterways and Authorizing the City Manager to Enter Into a Contract to Provide Boating Safety Instructional Programs (Public Facilities - ) Action: Adopted Resolution No. 10-049 C.S. 10. Awarding Contract for the Purchase of Recycling and Waste Containers through a Cooperative Purchase with the City of Santee (Plans and Public Works - 802-07) Action: Adopted Resolution No. 10-050 C.S. 11. Appropriating Funds for Construction Costs Associated with the Relocation of Monterey’s I-Net Hub (Information Resources - 107-05) Action: Adopted Resolution No. 10-051 C.S. 12. Authorizing an Agreement with Monterey Marriott for Interim Food and Beverage Service at the Monterey Conference Center (Public Facilities - 902-03) Action: Adopted Resolution No. 10-052 C.S. (4-0-1; Selfridge not participating due to a potential conflict of interest) Adjourn to Redevelopment Agency Meeting Mayor Della Sala adjourned to the RDA Board of Directors meeting. 13. Authorizing A New Lease with Xit 404 for the Vacant Lease Space at 601 Wave Street, Suite 100 (Previous MY Museum) (Plans and Public Works - 206-03) Action: Adopted RDA Resolution No. 844 2 City Council Minutes Tuesday, April 20, 2010 On a motion by Director Sollecito, seconded by Director Downey, and carried by the following vote, the RDA Board adopted RDA Resolution No. 844, authorizing a new lease with Xit 404 for the vacant lease space at 601 Wave Street, Suite 100 (Previous MY Museum): 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. Bob Oliver said that he has received three parking tickets during the past two and a half months. He said that the Library parking lot lines and signage make the spaces ambiguous, and he does not violate the law intentionally. He said he also received tickets on Franklin Street and in a 20- minute parking spot where he parked too long due to a mechanical problem. Chris Shake, Fisherman's Grotto owner, voiced concerns regarding a surveillance camera that was placed on top of Gilbert's Seafood Restaurant and pointed at his cash register. He asked Council to direct staff to remove the camera immediately. With no further requests to speak, Mayor Della Sala closed public comment. City Manager Meurer noted that there seems to be a growing level of disenchantment between the tenants on Fisherman's Wharf, and he reported that any further violations would be ticketed. Property and Housing Manager Marvin said that there is not a prohibition on surveillance cameras on the Wharf, but that ARC review would be required. ***Adjourn to Closed Session*** Council adjourned to Closed Session at 4:40 p.m. Mayor Della Sala called a recess at 5:30 p.m., then reconvened the meeting in open session at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made announcements from closed session as follows: On Item cs1, a conference with legal counsel regarding anticipated litigation, Council received and discussed a report. Regarding Item cs2, a conference with labor negotiators regarding all employee organizations and unrepresented employees, a motion to give confidential direction to negotiators failed due to the requirement for a four-fifths vote. The vote was 3-2, with Downey, Selfridge voting no. The discussion was continued to the evening session. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda, no one came forward, and Mayor Della Sala closed public comments. 3  City Council Minutes Tuesday, April 20, 2010 PUBLIC HEARING 14. Consideration of a Planning Commission Recommendation to Override a Recommendation of the Monterey County Airport Land Use Commission for a school at 601 East Franklin (Staff Recommends continuance to June 1, 2010) (Plans and Public Works - 203-02) Action: Continued to June 1, 2010 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to June 1, 2010: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 15. Consideration of a Resolution Creating a Joint Powers Agreement for a Monterey County Regional Taxi Authority and Ordinance Amending Municipal Code Chapter 36 Taxicab Regulations (Staff Recommends continuance to May 4, 2010) (Plans and Public Works - 1001- 04) Action: Continued to May 4, 2010 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the item to May 4, 2010: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 16. Regional Water Project Update (City Manager - 203-07) Action: Received and discussed report City Manager Meurer introduced the item, and Curtis Weeks, Monterey County Resource Agency, made the presentation to the City Council. Mr. Weeks answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, he closed public comments. 17. Quarterly Report from Monterey History and Art- Maritime Museum (City Manager - 102-03) Action: Tabled City Manager Meurer gave a brief synopsis of the presentation, and asked Council to table the item due to an unexpected schedule conflict for the Executive Director. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council tabled the item: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, April 20, 2010 OTHER BUSINESS 18. Settlement of Claim - Lunzer (Finance - 408-04) Action: Approved settlement On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Settlement of Claim for Lunzer: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None City Attorney Mall recommended a settlement of the claim. Mayor Della Sala opened the floor for public comments, and having no requests to speak, he returned the discussion to the dais. COUNCIL COMMENTS Councilmember Sollecito reported on a League of California Cities Labor Relations Committee meeting that he attended in Ontario California. He said that PERS retirement reform was discussed. He said that it was reported that employee groups were working with their cities to help with budget concerns. He said that "spiking" and placement agents were also discussed. Councilmember Selfridge congratulated Monterey Green Action for their activities around Earth Day. Councilmember Downey thanked Principal Engineer McMinn for inviting her to a public bid opening, and said that the process was very impressive and well done. She reported that she had a civics class from Monterey High visit the City offices. She reported that several people have gone to Santa Cruz to look at the medicinal marijuana facilities. Mayor Della Sala announced that a workshop on Monterey's Waterfront plan would be held on Thursday at the Del Monte Beach House. He said that the planners are also working on planning for the Downtown, North Fremont, Cannery Row and Lighthouse. He stated that it is important to look ten to twenty years ahead for planning purposes, and he thanked the planners for their work. 19. Request to Agendize a Review of the City Policy Concerning Non-Profits using the Conference Center. (City Council - 902-02) Action: Agendized Councilmember Selfridge asked to agendize this item. On question, City Manager Meurer said that Council has a policy that gives him the authority to negotiate Conference Center rates in order to focus on maximizing room occupancy. He said that as part of last year's budget, the Council designated the Panetta Lecture Series as the only non-profit to be sponsored for their use of the Conference Center. He reported that currently the non-profit rate is a fraction of the regular rate. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized the City Policy Concerning Non-Profits using the Conference Center: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 5 City Council Minutes Tuesday, April 20, 2010 CITY MANAGER REPORTS City Manager Meurer reported that a Third Quarter Budget Review would be scheduled soon, and he said that revenues have continued to decline since the Mid-Year Review. He reported that the State is trying to take $2.2 million of Redevelopment Agency money, and that bill comes due in May. Mr. Meurer reminded the City Council that there is a meeting scheduled next Wednesday regarding recycling and telecommunications, specifically AT&T's Uverse product. He said that the online and televised versions of the "City Focus" newsletter have gone out. He reported that the Special Response Unit for critical events would kick off at 10:00 a.m. tomorrow. ADJOURNMENT TO CLOSED SESSION Mayor Della Sala adjourned the meeting to closed session at 9:02 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a continued conference with labor negotiators for all City employee organizations and unrepresented employees, the City Council gave confidential direction to their negotiators with two unanimous roll call votes. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:17 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Services / City Clerk Mayor 6