Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 6, 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: City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Fire Chief, 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, Parking Superintendent, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:04 p.m. PRESENTATIONS 1. Office Professionals Academy Recognition (Human Resources - 701-19) Action: Recognition given Mayor Della Sala and the Council recognized the graduates of the program. CONSENT ITEMS City Manager Meurer said that a Councilmember has asked to remove Items 5, 6, and 7, from the Consent Agenda for a separate vote. Councilmember Selfridge said that she wishes to comment on Item 11. 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 5, 6, 7, and 11, which were removed for a separate vote: 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. June 15, 2010 (Information Resources - 701-09) Action: Approved Resolutions 3. Authorizing the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for Scheduled and Unscheduled Maintenance Projects at the Presidio and Defense Manpower Data Center (DMDC) ***PMSA*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-089 C.S.  City Council Minutes Tuesday, July 6, 2010 4. Authorization to Renew the Memorandum of Understanding Between the City of Monterey and the Monterey Peninsula Unified School District Governing the School Resource Officer Partnership (Police - 607-09) Action: Adopted Resolution No. 10-090 C.S. 5. Award of Contract for Consultant Service for a Sanitary Sewer Utility Fee Study (Plans and Public Works - 704-05) Action: Removed from Consent; discussed; adopted Resolution No. 10-091 C.S. City Engineer Reeves gave the staff presentation and answered Councilmembers' questions. City Manager Meurer outlined additional details. Mayor Della Sala opened the floor for public comments, and having no requests to speak, closed the floor. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-091 C.S., awarding the contract for consultant service for a sanitary sewer utility fee study: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 6. Authorizing the City Manager to Enter into a Contract to Purchase a Public Pedestrian Walkway Easement over a Portion of the Land at 573 Polk Street and to Sign the Certificate Accepting the Easement. (Plans and Public Works - 704-02) Action: Removed from Consent; discussed; adopted Resolution No. 10-092 C.S. (4-0-1; Della Sala not participating due to a conflict of interest) Mayor Della Sala recused himself from this item due to having an ownership interest in the property, which creates a conflict of interest. He handed the gavel to Vice Mayor Sollecito and left the Chamber at 4:52 p.m. Associate Engineering Surveyor Green outlined the permitting and construction processes. On question, he reviewed the financing for the project. Vice Mayor Sollecito opened the floor for public comment on the item. Rick Johnson, Old Monterey Business Association, said that his association sees the benefit of the project and urged the Council to move forward quickly. Having no further requests to speak, Vice Mayor Sollecito returned the discussion to the dais. Councilmember Haferman said that he hopes there is a way to move forward as quickly as possible. He suggested asking Fish and Game if there are mitigation measures that could move the project forward sooner. On question, City Manager Meurer outlined some options that Council could consider if the bids come in too high. Councilmember Selfridge agreed that she would like to see the project move forward as soon as possible. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-092 C.S., authorizing the City Manager to enter into a contract to purchase a public pedestrian walkway easement over a portion of the land at 573 Polk Street and to sign the certificate accepting the easement: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Della Sala 2  City Council Minutes Tuesday, July 6, 2010 Mayor Della Sala returned to his seat at the dais at 5:07 p.m. 7. Resolution Authorizing Agreements With the Monterey County Convention and Visitors Bureau (MCCVB) For Support Services and Operation of the Visitor Center (Public Facilities - 307-03) Action: Removed from Consent; discussed; adopted Resolution No. 10-093 C.S. John Reyes, Chief Executive Officer with MCCVB, presented the report. Councilmember Sollecito voiced concerns that the City might not be investing enough in marketing the Conference Center, and City Manager Meurer recalled that the Council previously made a decision to stop duplicating marketing efforts that were already being done by the MCCVB. He said that the City Manager's office has temporarily assigned additional marketing duties to the Communications and Outreach Manager. Councilmember Downey noted that the Conference Center has a Senior Sales Coordinator on staff, and Public Facilities Director Lyons followed up with additional details. Councilmembers discussed the possibility of privatization of the Conference Center. Mayor Della Sala opened the floor for public comments on the item. Jeffery De Haven, Electricians on Duty, proposed using his invention to raise revenue for the City. The Mayor advised him that since these comments do not relate to an agenda item, they should be made during the "Public Comments" portion of the meeting. Uwe Grobecker, Santa Lucia Cafe, said the timing is right to discuss the privatization of the Conference Center. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved Resolution No. 10-093 C.S., authorizing agreements with the Monterey County Convention and Visitors Bureau (MCCVB) for support services and operation of the Visitor Center: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 8. Resolution Authorizing the Renaming of East and West Custom House Garages to Downtown East and Downtown West Garage. (Public Facilities - 901-03) Action: Adopted Resolution No. 10-094 C.S. 9. Resolution Authorizing Military Veterans Who Display A Distinguishing Vehicle License Plate To Park In A Metered Parking Space Without Charge (Public Facilities - 901-05) Action: Adopted Resolution No. 10-095 C.S. Other 10. Approving Cherry's Jubilee Request to Close Streets and Use of City Properties for an Event on September 10, 11 and 12, 2010 (Recreation - 302-04) Action: Approved 11. Recommendations for Appointments to the Architectural Review Committee, Library Board, and Planning Commission (Information Resources - 701-06) Action: Removed from Consent; discussed; appointments made Councilmember Selfridge said that she and Councilmember Sollecito interviewed four outstanding individuals for an appointment, but there was only one opening to fill. She suggested that an Economic Development Committee be established in order to place these 3  City Council Minutes Tuesday, July 6, 2010 volunteers. Councilmember Downey thanked Toy Bryant for her years of service on the Planning Commission. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the recommendations for appointments to the Architectural Review Committee, Library Board, and Planning Commission: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 12. Confirming Agenda for August 25, 2010 City Council Study Session (Plans and Public Works - 201-03) a. Meeting Protocol b. Emerging Issues - Sign & Plan Review and Economic Considerations Action: Confirmed agenda ***End of Consent Agenda*** Mayor Della Sala adjourned the Council meeting to the Redevelopment Agency meeting. 13. Accepting Progress and Financial Reports from Monterey History and Art Association in Regards to the Monterey History & Maritime Museum at 5 Custom House Plaza (Plans and Public Works - 102-03) Action: Removed from Consent; report received City Manager Meurer introduced the item, and Chief of Planning Rerig presented the staff report. Chair Della Sala opened the floor for the Monterey History and Art representatives. Bill Wojtkowski, Vice President of the Board, noted that Eric Sand and Micah Garcia, Monterey History and Art representatives, are also in attendance to answer questions. He gave a presentation on their progress, saying that they are on track to open early in 2011. Mr. Garcia, MHA Education Director, gave a presentation on the Museum Outreach program for children. He stated that additional educational programs would be established after the doors reopen. Director Sollecito suggested partnering with the Aquarium and other organizations. On question, Eric Sand, Merienda Festival co-chair and MHA Board Member, said that there are currently seven members on the board and four members have resigned since June due to differences in philosophy. Director Haferman cautioned about taking actions with fewer members than are required by the Bylaws. On request, Mr. Sand gave a brief family history, saying his Great Aunt Few donated the property on which the Council Chamber sets. John Burke, MHA member, clarified that the Bylaws require 21 members on the board. Having no further requests to speak, Chair Della Sala closed public comment on the item. On a motion by Chair Della Sala, seconded by Director Sollecito, and carried by the following vote, the RDA Board accepted the progress and financial reports from Monterey History and Art Association in regard to the Monterey History & Maritime Museum at 5 Custom House Plaza: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None 4  City Council Minutes Tuesday, July 6, 2010 Chair Della Sala adjourned the meeting back to the City Council. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued Items 14 and 15 to the Evening Session: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Tobie Cecil requested that Council enact a PG& E Smart Meter moratorium. Mr. Mancini thanked Councilmember Selfridge for passing his request along for Council action on AB190. He thanked Ms. Selfridge and Chief Shelby for sending Officer Jackson to the Peninsula Prevention of Alcohol Trauma Coalition. Nina Beatty expressed concerns regarding the Smart Meters, saying that Santa Cruz County and San Francisco have filed an action with the CPUC calling for a moratorium. She noted that several cities are considering the matter on their agendas and she asked Monterey to join them. Jeff De Haven made a presentation regarding ARC fault testing certification and a portable circuit breaker that he has invented. He asked to be contacted regarding his idea. Stewart Roth and his family thanked the Council for honoring his mother Betty Roth, saying that she loved Monterey. Mayor Della Sala asked for a moment of silence in honor of Betty Ruth Roth and at 5:45 p.m., adjourned the Afternoon Session of the City Council meeting in her honor. PUBLIC HEARING 14. Public Hearing and Adopt Resolution Confirming Area and Assessment in Engineer's Report - Alvarado Street Maintenance District 85-1 (Plans and Public Works - 407-08) Action: Continued to evening session 15. Public Hearing and Adopt Resolution Confirming Area and Assessment in Engineer's Report - Calle Principal Maintenance District 00-1 (Plans and Public Works - 407-08) Action: Continued to evening session Mayor Della Sala reconvened the meeting at 7:05 p.m., where all Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Uwe Grobecker, Santa Lucia Cafe, said Sunday's Fourth of July lawn party was great, and he missed the fireworks. He suggested a "Concert on the Lawn" event every Sunday during the Summer using grant funding and said he was disappointed that the City Manager did not support having the City's Grant Coordinator work on this project. Having no further requests to speak, Mayor Della Sala closed public comments. 5  City Council Minutes Tuesday, July 6, 2010 PUBLIC HEARING 16. 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 June 1, 2010 Meeting) (Plans and Public Works - 1001-04) Action: Held Public Hearing; adopted Resolution No. 10-098 C.S.; passed Ordinance to print (4-1; Selfridge voting no) Principal Planner Cole presented the staff report. Mayor Della Sala opened the floor to the Monterey County Hospitality Association for ten minutes. Chris Chidlaw, MCHA President, spoke in support of passing the resolution to create the JPA. He noted that the Airport has agreed to join the JPA pending resolution of their franchise revenue issue. He stated that there are not enough cabs in Monterey and completion will solve that issue. He said that the model reduces the fees for service throughout the region, and the JPA will be governed by a board with representatives from all jurisdictions. He presented an organizational chart. Hunter Harvath said that MST will have a minimal role, primarily board support, in the operations of the JPA. Mr. Chidlaw said this issue is about service to residents. He noted that during events like the US Open there are not enough cabs in Monterey. He said that MCHA is committed to bring as many visitors to town as possible. Mayor Della Sala opened the floor to Yellow Taxi's representative for ten minutes. Robert Rosenthal said that the Airport is not on board with the proposal, as their Addendum allows them to continue to use an exclusive franchise agreement. He voiced concerns regarding the Airport being opened to all taxi companies, the fees charged, and a potential conflict of interest of having MST's oversight of the JPA. He said that the regulations give MST staff the power to make subjective decisions, as well as access to confidential information, and MST is a competitor to Yellow Cab. He said that his client is not opposed to a regional authority. He asked Council to postpone the decision or pass it with a 120 days delay and address these concerns, and Yellow Cab will solicit opinions from their customers during that time. Mayor Della Sala opened the floor to the general public, with three minutes per speaker. Michael Cardinalli, Yellow Cab, voiced concerns regarding the creation of a JPA. John Turner, General Manager of The Clement Monterey, presented several complaints that he heard during the US Open. Carl Miller, Monterey Peninsula Airport Board Member, said that the Airport has agreed to join the JPA with an Addendum for the purpose of addressing the revenue issue, and the intent is to solve these problems and move forward. Phil Bridler, Monterey Yellow Cab driver, said that there are two sides to the story, and cab drivers can be rude just as customers can be rude. He objected to the amount of the proposed JPA fees. Cathy Crystal, Associate Cab Company driver, said that she would like to be able to pick up fares in Monterey, but she does not support this proposal and the fees are too high. William Whitney, former Yellow Cab driver, suggested a solution for renting cabs during big events. He said that it is very difficult to get a cab here, especially from Veterans Park. Mark Bastis, General Manager of the Hyatt and member of MCHA, applauded the cab companies for everything they did during the US Open, noting that the team work across the organizations made that a successful event. He supported adopting the JPA. Dick Stembert, Yellow Cab driver for the past two years, opposed the JPA, saying that it is not the solution. Jack Burkam, Asilomar Conference Grounds Manager, said that one of his most frequent complaints from guests is their frustration in trying to get back to his hotel from Monterey. He supported the JPA to address the issue. Scott Phillips, Yellow Cab driver and Monterey resident, asked Council to postpone their decision on this matter. Jeff Bernard, 6 City Council Minutes Tuesday, July 6, 2010 Yellow Cab, agreed that there is a shortage of cabs during peak hours, just as there are shortages of restaurants and hotel rooms during peak events. He opposed forming the JPA. Robert Deloose, Yellow Cab driver and Monterey resident, spoke in opposition to the establishment of the JPA. He suggested borrowing cabs from other areas to help during major events. Ron Busby, Monterey Yellow Cab driver, spoke in opposition to the establishment of the JPA. Dave Kenney, Monterey taxi driver, voiced concerns regarding the proposed agreement and spoke in opposition to the establishment of the JPA. Tom Campagne, part time cab driver, opposed the JPA. John Cardinalli, Yellow Cab Company, said that only one cab company has applied to operate in Monterey in the last ten years, and he does not have an issue with competition. He opposed the creation of the JPA. Debbie Hale, Executive Director of MST, said that her agency was asked by law enforcement to consider this matter and has been working on the issue since 2007. She said that the purpose of the proposal is to streamline the process, make it less bureaucratic, and to open up the taxi business to regulated competition. She noted that there are no new proposed restrictions. She stated that elderly and disabled individuals were consulted during this process, and their concerns were addressed. She asked Council to approve the JPA. On question, she explained the process for raising fares. John Narigi, Monterey Plaza General Manager, said that he has been working on this issue for ten years. He said that everything the Council has asked has been done, and he asked Council to adopt the resolution creating the JPA to improve service in the City of Monterey. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Councilmember Haferman said that his experience with Yellow Cab has been fantastic. On question, Ms. Cole clarified the cost for a driver permit under the new JPA. City Attorney Mall explained that the proposed ordinance is a modified version of the City's current ordinance. Councilmember Selfridge said that the issue is to open Monterey to additional cab companies. On question, Mr. Harvath said that confidential information would be maintained outside of MST. He said that the Steering Committee would address procedures regarding fitness for duty issues, with appeals going to the JPA Board, similar to how they are handled today in Monterey. Councilmember Downey applauded Yellow Cab Company, and said that Monterey has large events almost every weekend, and competition is healthy. She noted that since more than three cities have approved the JPA, drivers are likely to have to pay the JPA fee plus Monterey's fee if they want to operate in both jurisdictions. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to adopt Resolution No. 10-098 C.S. creating a Joint Powers Agreement for a Monterey County Regional Taxi Authority and pass to print an Ordinance amending Municipal Code Chapter 36 Taxicab Regulations. Councilmember Sollecito said that this is a good solution and he supported the motion. Councilmember Haferman said that he is going to support the motion, but he has some concerns. He said that the agreement allows member agencies to pull out with ninety days notice. He said that he would like to revisit this issue in six months or a year to see how it is working. Councilmember Selfridge said that she believes there are still problems with the ordinance and unless it can be revisited within 120 days, she cannot support the motion. Mayor Della Sala said that the Council asked the Airport to allow for open entry and for MCHA and Yellow Cab to meet to work out the issue, and many issues have been ironed out. He noted the comment about the possibility that Monterey might be losing business from Asilomar Conference Center due to complications of getting customers back to their hotel. 7  City Council Minutes Tuesday, July 6, 2010 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 9:11 p.m., and reconvened the meeting at 9:17 p.m. 14. Public Hearing and Adopt Resolution Confirming Area and Assessment in Engineer's Report - Alvarado Street Maintenance District 85-1 (Plans and Public Works - 407-08) Action: Held Public Hearing; adopted Resolution No. 10-096 C.S. confirming area and assessment in the Engineer's Report for the Alvarado Street Maintenance District 85-1 Senior Engineer Krebs presented the staff report, saying that the assessment is being kept at $1.30 per foot, and staff has worked with the members of the district to repay the deficit over a four year period and keep costs down. Mayor Della Sala voiced concerns regarding the lack of cleanliness of the district. Mr. Krebs and Chief of Planning Rerig detailed how that issue is being addressed. Councilmember Downey expressed concerns about litter collection and an added expense for the General Plan. Mayor Della Sala suggested that a backup plan should be adopted. Councilmember Sollecito suggested that each member of OMBA should take care of their own store front. Councilmember Haferman noted that it is more than litter, and the City needs to maintain steam cleaning of the sidewalks. Councilmember Selfridge noted that OMBA already does cleanup of the street after events such as Farmers' Market. City Engineer Reeves said that encouraging shop owners and volunteers to pick up the trash is probably the most effective way to address the issue. Assistant Public Works Director Uslar said that the City will continue to pressure wash and sweep the streets. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-096 C.S. confirming area and assessment in Engineer's Report - Alvarado Street Maintenance District 85-1: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 15. Public Hearing and Adopt Resolution Confirming Area and Assessment in Engineer's Report - Calle Principal Maintenance District 00-1 (Plans and Public Works - 407-08) Action: Held Public Hearing; tallied the vote; adopted Resolution No. 10-097 C.S. confirming area and assessment in the Engineer's Report for the Calle Principal Maintenance District 00-1 Councilmember Downey reported that she received a call from Mr. Crivello saying that he does not want the district closed. Councilmember Sollecito said that he also spoke with Mr. Crivello, and Councilmember Selfridge said that she spoke with him also, but it was several weeks ago. Senior Engineer Krebs presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. Mayor Della Sala called a recess at 9:38 p.m. for the counting of the ballots. He reconvened the meeting at 10:00 p.m. and City Clerk Gawf announced the vote, noting that there was not a protest vote greater than 50%. 8  City Council Minutes Tuesday, July 6, 2010 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-097 C.S. confirming area and assessment in Engineer's Report - Calle Principal Maintenance District 00-1: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 17. Policy on the Rotation of the Boards and Commission Chairpersons (City Council - 701-15) Action: No action taken; motion to amend policy failed (2-3; Haferman, Sollecito and Selfridge voting no) City Clerk Gawf presented the staff report. Mayor Della Sala opened the floor for public comment on the item. Luis Osorio said that he believes that a two year term is too long. He recommended maintaining the current system. He said that the momentum of the work program is not just privy to the Chair, but is the work of the entire Commission. He suggested that each Commission make a formal suggestion to the City Council. Barbara Bass Evans, former Planning Commissioner, agreed with the previous speaker that the Commission should decide. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey supported the newly proposed plan because it allows flexibility for either a one or two year term. Councilmember Sollecito said that he would like to hear from more board members. Councilmember Haferman said that he favors the existing policy. Councilmember Sollecito said that he believes the current system works well, and he would not want this appointment to become political. Mayor Della Sala said that the proposed policy allows the best of both worlds. Councilmembers Sollecito and Haferman said that they would prefer to have additional feedback from the Board and Commission members. Councilmember Haferman said that a newly appointed member would have to wait quite some time to serve as Chair under the new policy. Councilmember Selfridge said that there is no need to fix something that is not broken. Mayor Della Sala disagreed, saying that staying in the status quo is not adapting to change and taking a leadership role. It was moved by Councilmember Downey, and seconded by Mayor Della Sala, to approve the Policy on the Rotation of the Boards and Commission Chairpersons. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Della Sala NOES: 3 COUNCILMEMBERS: Haferman, Selfridge, Sollecito ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None OTHER BUSINESS 18. Request to Agendize Placing an Advisory Vote on the November Ballot Regarding a Light Rail System at Window to the Bay Park (City Council - 701-01) Action: No action taken, motion to agendize failed (2-3; Downey, Sollecito, Della Sala voting no) 9  City Council Minutes Tuesday, July 6, 2010 Mayor Della Sala opened the item for public comment. Debbie Hale, TAMC, said that the CEQA analysis is still under way so an advisory vote would be premature at this time. She suggested that it would be more timely some time near the end of the year. Robert Crookshank, Monterey resident, said he does not think this is not the right way to go about this process, and even agendizing it might do more harm than good. He said he would like to have more public meetings and discussion on this item and asked to continue with the current process for several months, up to one year. Barbara Bass Evans said that she likes the idea of putting this matter on the ballot, and that would give Monterey residents a chance to weigh in. Megan Tolbert, Monterey Green Action, said that she supports light rail as an environmentally friendly form of transportation, there are significant misconceptions about the train, and a measure is premature. Tim Wilson, Monterey resident, said that light rail and the waterfront are regional issues and there is additional information that needs to be discussed so people have the big picture. He asked Council not to agendize this matter at this time. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that the process should continue and there is no rush to agendize this matter when the process is not finished. Councilmember Haferman said he does not have a problem agendizing the matter for discussion. Mayor Della Sala said he believes the matter in premature. Councilmember Downey said she does not support light rail, but she does not believe it is timely. Councilmember Selfridge said that time is of the essence due to the deadlines to get it on the November ballot. A motion by Councilmember Haferman, seconded by Councilmember Selfridge, to approve the request to agendize placing an advisory vote on the November ballot regarding a light rail system at Window on the Bay Park failed by the following vote: AYES: 2 COUNCILMEMBERS: Haferman, Selfridge NOES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 19. Request to Agendize Putting a Hold on the Waterfront Plan (City Council - 701-01) Action: Agendized (3-2; Downey, Della Sala voting no) Mayor Della Sala opened the floor for public comment. Robert Crookshank reiterated his comments on the last item. He said that he enjoys the process and agendizing this matter at this time might cause confusion. He said that it is important to show the citizens that Council values their input. Barbara Bass Evans said that there are many existing waterfront plans, and the issue is really Catellus. She said that she would like to have a meeting of City residents, and not include TAMC or City staff. She said that this is a pointless exercise. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that everyone has done a great job on the meetings. He said that the Downtown is critical at this time, so he would be willing to agendize this matter. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to agendize a discussion about putting a hold on the waterfront planning process. 10 City Council Minutes Tuesday, July 6, 2010 Councilmember Haferman agreed and said that Downtown is a higher priority right now. Councilmember Downey said that we are almost finished with the community meetings and she does not want to stop this effort. Mayor Della Sala agreed, saying the City has invested a lot of time and money. He said that there might be some who disagree with the direction, but significant public participation is taking place. Councilmember Selfridge said that she wants to concentrate on the Downtown. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Selfridge, Sollecito NOES: 2 COUNCILMEMBERS: Downey, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Ms. Downey asked to agendize a ballot measure regarding binding arbitration. She announced the beginning of a Monterey Roller Derby team and said that it was fun to watch. She said that if someone who observes littering from a car calls the highway patrol with the license number, the owner will receive a letter of warning. Councilmember Downey reported that the Fourth of July picnic was wonderful and she missed the parade and fireworks. She said that she likes the idea of Sunday concerts. She stated that she will not be able to attend the August study session and she supported reviewing privatization of the Conference center. Councilmember Selfridge agreed that the lawn party was a great event. She said she would like to agendize an item to look at combining TAMC, AMBAG and MST into one regional organization. Councilmember Sollecito said that while he was returning a U-Haul rental, a newly arrived couple complimented him on Monterey's Farmers' market. He said that they indicated disappointment that there were no fireworks, and he suggested forming a private foundation like Morgan Hill has done. He said that the couple said they were going to move to Monterey, but moved to Carmel instead because of the school system. Mr. Sollecito suggested writing a letter to the School Board expressing concern about this serious problem. He said that the military grapevine is telling the officers to live in Carmel or Pacific Grove because of the schools. Mayor Della Sala said the full merger between MIIS and Middlebury College has been finalized. He agreed that the Fourth of July lawn party was a wonderful time. He said that the Monterey Hotel and affordable housing project is moving forward and he hopes the scaffolding will be removed within 30 days. Mayor Della Sala reported that Monterey continues to take a leadership role in forming regional joint power authorities, and the proposed regional water project is moving along. He acknowledged Councilmember Downey for her work on that. He said that the City continues to work on regional fire services and the City is looking toward the future and moves forward with great ideas. CITY MANAGER REPORTS The City Manager had no report. 11 City Council Minutes Tuesday, July 6, 2010 ADJOURNMENT Having no further business to come before the City Council, at 11:30 p.m. Mayor Della Sala adjourned the meeting in memory of Juan "Johnny" Garcia, a City employee who recently passed away in an auto accident. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Services / City Clerk Mayor 12