Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 4, 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 Assistant City Manager, Assistant City Attorney, Director of Information Present: Resources/City Clerk, Finance Director, Fire Chief, Library Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Public Facilities Director, Administrative Analyst-Real Estate, Housing & Property Manager, Principal Planner, Deputy Police Chief, Associate Civil Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognizing Associate Civil Engineer, Andrea Renny, for Achieving her National Registration as a Professional Traffic Operations Engineer (Plans and Public Works - 701-17) Action: Recognition Given Mayor Della Sala recognized Associate Civil Engineer Renny, and she made brief comments. CONSENT ITEMS Assistant City Manager Cohn noted that a corrected Resolution for Item 9 was on the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, 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 2. April 20, 2010 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Awarding Contract for the SATCOM-Building 18000 Air Conditioning Upgrade Project at Camp Roberts ***PMSA*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-053 C.S.  City Council Minutes Tuesday, May 4, 2010 4. Adopting a Resolution for 1) Awarding of Contract for the Monterey Conference Center Grease Pretreatment Modifications, 2) Authorizing Staff to Enter into an Agreement with Portola Hotel for Shared Use and Maintenance of the Hotel’s Grease Interceptor, and 3) Authorizing the Use of Reserve Funds for this Project ***CIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-054 C.S. Ordinances 5. First Reading-Amending Monterey City Code § 6-13 to Allow for an Exemption from the Anti- Rabies Vaccination Requirement for at Risk Dogs (Police - 607-09) Action: Passed Ordinance to print Resolutions 6. Awarding of Contract for the Major Municipal Improvements - On-Call Contract 2010 for Presidio Municipal Services Agency (PMSA) Projects ***PMSA*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-055 C.S. 7. Awarding Contract for the Major Municipal Improvements - On-Call Contract 2010 for City Projects ***CIP & NIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-056 C.S. 8. Appropriating Funds Received from Fire Strike Team Reimbursements to Replenish Overtime and Vehicle Replacement Fund Accounts (Fire - 406-04) Action: Adopted Resolution No. 10-057 C.S. 9. Authorizing a New Interim Short Term Tidelands Lease with THE 300 LLC for the Purpose of Accommodating the sale of 300 Cannery Row from La Porte-Greenwald Company to THE 300 LLC (Plans and Public Works) (Plans and Public Works - 206-03) Action: Adopted Resolution No. 10-058 C.S. 10. Authorizing The City Manager To Execute An Agreement With The California Emergency Management Agency for Assignment Of A California Emergency Management Agency Fire Apparatus To The City Of Monterey (Fire - 704-06) Action: Adopted Resolution No. 10-059 C.S. Adjourn to Ocean View Community Services District Meeting 11. Ocean View Community Services District Quarterly Report (City Attorney - 701-03) Action: Received report On question, Chief of Planning and Engineering Rerig gave a brief update on the status of the Ocean View Plaza project. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council received the Ocean View Community Services District Quarterly Report: 2  City Council Minutes Tuesday, May 4, 2010 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. Mary Sue Abernathy said that she was verbally assaulted and detained by a restaurant owner on the Wharf, and issued a citation for oral advertising by a City employee during a fundraising event that she was hosting. She asked Council to address the situation and have the citation reversed. Assistant City Manager Cohn said that this episode has been discussed extensively among staff, and Council would be made aware of the resolution. Having no further requests to speak, Mayor Della Sala closed Public Comment. Having no further requests to speak, Mayor Della Sala closed Public comment. PUBLIC HEARING 12. Consideration of Planning Commission Recommendation to Approve the 2010-2015 Consolidated Plan, FY 2010/2011 Action Plan for Community Development Block Grant Funds (CDBG) and Authorize Submittal to the US Department of Housing and Urban Development (Plans and Public Works - 201-09) Action: Held Public Hearing; adopted amended Resolution No. 10-060 C.S. Administrative Analyst Reeder presented the staff report and Property and Housing Manager Marvin provided additional details and answered Councilmembers' questions. Councilmember Downey suggested that staff produce a video showing how the City helps the homeless in Monterey. Mayor Della Sala opened the Public Hearing. Richard Ruccello, Casanova Oak Knoll Neighborhood Association President, said that their neighborhood project is ready to start and he expressed appreciation to the Council for staying with them through the six-year process. Lynn Young, Josephine Kerns Memorial Pool, thanked the Council and Planning Commission for their support and said that she understands the lower funding recommendation being made this year. Eric Fonferek, advocate for Legal Services for Seniors, thanked the Council for their continuing support. Marilyn Dorman, Executive Director of the Housing Resource Center, asked the Council to see if they could dedicate any funds for her organization's rental assistance program. On question, she said that they need $4,500 to serve the City's residents. Having no further requests to speak, Mayor Della Sala closed the hearing. On question, Property and Housing Marvin gave a brief explanation of the discussions with HRC and recommended that Council appropriate additional RDA set aside funds in the amount of $5,000. Councilmember Sollecito commended the non-profit organizations for the great work they are doing under such adverse circumstances. He thanked the Planning Commission and staff for their work on this process. 3  City Council Minutes Tuesday, May 4, 2010 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council Adopted Resolution No. 10-060 C.S, approving the Planning Commission Recommendation to Approve the 2010-2015 Consolidated Plan, FY 2010/2011 Action Plan for Community Development Block Grant Funds (CDBG) and Authorize Submittal to the US Department of Housing and Urban Development, with an amendment to the resolution to include an additional $5,000 in funding for the Housing Resource Center from the RDA set-aside funds: 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 resolution would be amended to include the $5,000 additional funding. Adjourn to Redevelopment Agency Meeting 13. Consideration of Planning Commission Recommendation to Approve the 2010-2015 Consolidated Plan, FY 2010/2011 Action Plan for Community Development Block Grant Funds (CDBG) and Approve the FY 2010/2011 Redevelopment Agency Housing Set-Aside Budget (Plans and Public Works - 201-09) Action: Held Public Hearing; adopted amended RDA Resolution No. 845 Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council amended the Resolution to include $5,000 additional housing set-aside funding for the Housing Resource Center and adopted RDA Resolution No. 845, approving the Planning Commission Recommendation to approve the 2010-2015 Consolidated Plan, FY 2010/2011 Action Plan for Community Development Block Grant Funds (CDBG) and approving the FY 2010/2011 Redevelopment Agency Housing Set-Aside Budget: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Council adjourned to closed session at 5:06 p.m., then reconvened in open session at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the following announcements: Item cs2, a conference with legal counsel regarding anticipated litigation in one case (Ovations' notice of default to the City pertaining to the Conference Center food and beverage agreement), was heard first, and the City Council received and discussed a report. Item cs1 was a conference with the City real property negotiators regarding a ground lease proposal to facilitate development of a new mixed-use project at 595 Munras Avenue, and the City Council received the report and decided to continue the discussion after the evening open 4  City Council Minutes Tuesday, May 4, 2010 session. Mayor Della Sala recused himself from hearing this item due to a potential conflict of interest and had left the Chamber prior to the discussion CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Bob Oliver said that the City of Seaside might be the first city to go bankrupt on the Peninsula. He said that a traffic light on Del Monte at Contra Costa malfunctions, and Seaside will not address the issue. He said that Monterey's parking lot C has problems with the striping, and he received a ticket that he does not want to pay, and requested $500 per hour for his time in addressing this issue. Barbara Bass Evans asked the Council to postpone an agenda item for TAMC to bring forward a simulation of light rail until funding sources and other matters for the project are clarified. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 14. 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 (Continued from the April 20, 2010 Meeting) (Plans and Public Works - 1001-04) Action: Held Public Hearing; continued to June 1, 2010 Principal Planner Cole presented the staff report, and TAMC Executive Director Hale presented additional details. Councilmember Sollecito disclosed that he has had discussions on this matter with the owners of Yellow Cab Company. With the Council's concurrence, Mayor Della Sala opened the Public Hearing to representatives of Yellow Cab Company for ten minutes. Bob Rosenthal, on behalf of Yellow Cab, said that not having open service to the Airport is a new provision. He said that would be unfair and unobjective, and he asked Council not to approve the JPA. He stated that the cost will be more than currently paid. He said that this program would be a conflict of interest for TAMC. He recommended that the policies be restructured and the RTA would have to include the Airport. Mayor Della Sala opened the hearing to members of the general public with a time limit of three minutes per speaker. Bob Oliver agreed with the previous speaker and opposed the formation of a JPA. Phil Bridler, taxicab driver, said that the cost for his permit would double under the proposal, and he opposed it. Cathy Crystal, taxicab driver with Associated Taxi, said that she has a problem with MST running this program and the taxi companies should have input. She opposed the proposal. Nelson Vega, Monterey property owner, suggested further study and opposed the proposal. Debbie Lasalla, special populations representative, voiced concerns that elderly and developmentally disabled people might suffer a reduction in service. Vince Cardinali, chauffer company owner, opposed the proposal. Jeff Burner, Yellow Cab driver, spoke in opposition to the proposal. David Kenney, Monterey taxicab driver, asked Council to vote no or postpone their decision to give the matter more study. Robert Dulles, Monterey resident and Yellow Cab driver, opposed the proposal. Scott Phillips, Yellow Cab driver and Monterey resident, said that the current system works and he suggested tabling the matter. Mike Bekker, Monterey County Hospitality Association, said that service needs to be improved and this proposal is a potential solution. 5 City Council Minutes Tuesday, May 4, 2010 Bonnie Adams, Executive Director of Monterey County Hospitality Association, read a letter from Mark Bastis, General Manager of the Hyatt, into the record. The letter supported forming the JPA and a Regional Taxi Authority. John Narigi, General Manager of the Monterey Plaza Hotel and Board Member of MCHA and the Cannery Row Association, supported the proposal 100 percent. Bob McKenzie, Government Affairs Director of MCHA, urged the Council to adopt the Joint Powers Authority, saying that the proposal had his full support. Rolf Trautsch, former Dean of Golden Gate University, member of MCHA, and receiver for Yellow Cab Company, said that open competition would be beneficial and he agreed with the staff recommendation. Brandon Bent, Yellow Cab owner/operator and Monterey resident, spoke in opposition to the proposal, saying that he fears it will threaten his livelihood. John Cardinali, Yellow Cab Company, said that MST is not the best way to go and this proposal would be counterproductive. He urged a no vote. Steve Cardinali, Yellow Cab, spoke in opposition to the proposal. Tom Campagne, taxicab driver, said that Central Coast Cab Company does not pick up the locals. He opposed the proposed JPA. Janine Chicourrat, General Manager of the Portola Plaza Hotel, said that there are cleanliness, pricing, and safety issues with the current situation. She urged approval of the proposed JPA. Having no further requests to speak, Mayor Della Sala closed the Public Hearing and called a recess at 9:03 p.m. He reconvened the meeting at 9:15 p.m. Councilmember Haferman asked about the process for a taxicab company to obtain a franchise in Monterey, and Assistant City Manager Cohn gave a brief explanation, saying that for many years there has only been one franchise operator. Councilmember Downey said that she favors a regional approach, and that the Airport should be a full participant. She explained that MST is not here tonight because the item was postponed from two weeks ago and this week they are in Ohio. She clarified that MST did not ask for this role, and it would not be a conflict for them. Councilmember Sollecito moved the staff recommendation. Councilmember Downey said that she would second the motion if Mr. Sollecito would agree to add a caveat that it would take effect only if the Airport agreed to join the RTA, and the motion maker agreed. Councilmember Haferman said that while he favors an RTA, he is uncomfortable with some of the provisions and would not support the motion. Councilmember Selfridge said that there are some problems, but this is not the right ordinance and she cannot support it. Councilmember Downey said that this ordinance is a way to start the process. Mayor Della Sala summarized the motion on the floor. After further discussion, Councilmember Downey withdrew her second and the motion died for lack of a second. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued the item to June 1, 2010 so the taxicab representatives could meet with MST and the Airport issue could be addressed: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 6  City Council Minutes Tuesday, May 4, 2010 PUBLIC APPEARANCE 15. Informational Report on Streetscape Demonstration Plan for Lighthouse Avenue (Plans and Public Works - 203-07) Action: Continued to May 18, 2010 to be agendized as an action item Councilmember Selfridge said that the New Monterey Business Association has asked to continue this item to the next meeting and reagendize it as an action item. Assistant City Manager Cohn said that staff has no objection to a continuance. Mayor Della Sala opened the floor and no one came forward, so he returned the matter to the dais. On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the Item to May 18, 2010, with direction to bring back an action item: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None OTHER BUSINESS 16. Resolution Authorizing the City Manager to Enter Into a Termination and Release Agreement with Ovations Food Services, L.P. (Public Facilities - 704-05) Action: Adopted Resolution No. 10-061 C.S. Assistant City Manager Cohn presented the staff report. Mayor Della Sala opened the floor for public comment, and having no requests to speak, he closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-062 C.S. authorizing the City Manager to enter Into a termination and release agreement with Ovations Food Services, L.P.: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Selfridge Congratulated Todd Lueders on his retirement. She congratulated the Big Sur Marathon on their 25th anniversary. She expressed regrets at the loss of Erna Morris, former Colton Hall/Cultural Arts Commissioner, and said that she will be missed. Councilmember Downey thanked the residents for their letters about Trader Joe's parking, saying that 25 employees will be parking off site to improve the situation in the lot. She reported that the Monterey County Visitors Bureau held a nice open house and she appreciates their work. She said she ate at Crepes recently & it was terrific. She noted that the Monterey Beach House is greatly improved and she thanked the leasee for the improvements. Councilmember Sollecito said he recently welcomed the California Council of Governments back to Monterey, noting that it is an important organization. He said that they plan to continue to hold their meetings here. Councilmember Haferman said that he enjoyed the latest Panetta Institute with James Carville and Jeb Bush. 7 City Council Minutes Tuesday, May 4, 2010 Mayor Della Sala agreed that the Panetta Institute is a great event. He reported that he received a letter from James Bryant, OMBA, asking for consideration to rename the Downtown parking structures, and he agreed that identifiable names would make it easier for visitors. CITY MANAGER REPORTS Assistant City Manager Cohn reported that the Courts have upheld the State's efforts to use City Redevelopment funds to close their budget gap. He said that the City's portion is about $2.2 million, and the ruling will be appealed with a request for a stay. ADJOURN TO CLOSED SESSION Mayor Della Sala adjourned the meeting in memory of Erna Morris to closed session at 10:00 p.m. He recused himself from the closed session due to a potential conflict of interest and left the Chamber. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the announcement. ADJOURNMENT Having no further business to come before the Council, Vice Mayor Sollecito adjourned the meeting at 10:46 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 8