Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 5, 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, City Engineer, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Deputy Police Chief, Community Services Director, Harbormaster CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Alpha Air Balancing Agency, Inc. as the Recipient of the U.S. Small Business Administration’s 2010 Administrator’s Award for Excellence (Plans and Public Works - 701-17) Action: Recognition given CONSENT ITEMS City Manager Meurer recommended that Council grant a request by the Old Monterey Business Association to continue Item 16. He noted that Councilmember Selfridge has asked to remove Items 11, 14, and 15 for discussion. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued Item 16 to November 2, 2010: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Councilmember Selfridge recused herself from voting on Item 10 due to a potential conflict of interest. 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 11, 14 and 15, which were removed for discussion, and with Councilmember Selfridge not participating in the vote on Item 10: 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, October 5, 2010 Award of Contracts 2. Awarding of Contract for the Fire Station 1, 2, & 3 Replace Radio/PA Amplifier and Speaker Systems ***NIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-135 C.S. 3. Awarding a Contract to Replace Outdated Fire/Smoke Detectors in Eleven Barracks on the Presidio of Monterey with New Combination Single Station Smoke Alarm Devices ***PMSA*** (Plans and Public Works - 903-02) Action: Adopted Resolution No. 10-136 C.S. Ordinances 4. Second Reading - Restricting Overnight Parking on Sand Dunes Drive (Plans and Public Works - 901-04) Action: Adopted Ordinance No. 3451 5. Second Reading - Adopt Ordinance to Rezone the Property Located at 504 Larkin Street as a City Historic Resource From R-3-6 to R-3-6-H-2 (Plans and Public Works - 203-02) Action: Adopted Ordinance No. 3052 6. Second Reading - Adopt Ordinance to Rezone the Property Located at 660 Madison Street as a City Historic Resource From R-3-6 to R-3-6-H-2 (Plans and Public Works - 203-02) Action: Adopted Ordinance No. 3453 Resolutions 7. Resolution Approving Fee Revisions to the Service Agreement Between the City of Monterey and SPCA for Monterey County (Police - 102-03) Action: Adopted Resolution No. 10-137 C.S. 8. Approving Additional Funds for Monterey Regional Water Pollution Control Agency (MRWPCA) to Conduct the Remaining Storm Water Business Compliance Inspections (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-138 C.S. 9. Adopt Resolution to Approve Revised Terms of Reference for the Monterey County Integrated Waste Management Task Force (Plans and Public Works - 802-04) Action: Adopted Resolution No. 10-139 C.S. 10. Resolution Authorizing Award of Contract for Food & Beverage Operations at the Monterey Conference Center to the Monterey Marriott Hotel (Community Services - 405-04) Action: Adopted Resolution No. 10-140 C.S. (4-0-1; Selfridge not participating due to a potential conflict of interest) 11. Resolution 1) Authorizing Joint Marketing Agreement Between the Monterey Meeting Connection, and 2) Delegation of Signatory Authority for Conference Center Rental Agreements to City Manager Or His/Her Designee(s). (Community Services - 307-04) Action: Removed from Consent; discussed; adopted Resolution No. 10-141 C.S. 2  City Council Minutes Tuesday, October 5, 2010 Community Services Director Bui-Burton presented the staff report, and City Manager Meurer provided additional information. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-141 C.S., authorizing a joint marketing agreement between the Monterey Meeting Connection, and delegating signatory authority for Conference Center rental agreements to the City Manager or his/her designee(s): AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 12. Approval of Resolution Authorizing Appropriation of Grant and Donation Funds in the Library Trust Fund (Library - 409-03) Action: Adopted Resolution No. 10-142 C.S. 13. Adoption of a Resolution Requesting the Marine Life Protection Act Initiative's Blue Ribbon Task Force and the California Fish and Game Commission Adopt the North Coast Regional Stakeholder Group's Marine Protected Area Array Proposal (Community Services - 904-01) Action: Adopted Resolution No. 10-143 C.S. Other 14. Authorizing the City of Monterey’s Co-Sponsorship in Conjunction With the Naval Postgraduate School, Defense Language Institute, Monterey Institute of International Studies & CSUMB (aka: Team Monterey) for a Global Challenges Lecture Series at the Monterey Conference Center’s Steinbeck Forum (City Manager - 902-02) Action: Removed from Consent; discussed; approved Community Services Director Bui-Burton presented the staff report. Mayor Della Sala opened public comment, no one came forward, and he closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council authorized the City of Monterey’s co-sponsorship in conjunction with the Naval Postgraduate School, Defense Language Institute, Monterey Institute of International Studies & CSUMB (aka: Team Monterey) for a Global Challenges Lecture Series at the Monterey Conference Center’s Steinbeck Forum: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 15. Authorizing the Extension of Conference Center Consultant Contract (Community Services - 406-04) Action: Removed from consent; discussed; adopted Resolution No. 10-144 C.S. Community Services Director Bui-Burton presented the staff report, noting that the proposed Resolution is on the dais. Mayor Della Sala opened the floor for public comment on the item. Uwe Grobecker, Santa Lucia Cafe, said there was confusion over whether this individual was an employee or consultant, and the priority is upgrading the Conference Center, not privatization. He said that MCPOA is being asked to pay for a consultant for the Downtown, while the City has money to 3  City Council Minutes Tuesday, October 5, 2010 pay for this consultant. John Narigi, General Manager of Monterey Plaza, spoke in total support of extending the contract, saying that the consultant is most qualified for this position. Rene Boscoff, General Manager of Monterey Marriott, agreed with Mr. Narigi's comments. He said he hopes this extension allows enough time to sort out the answers. Barbara Bass Evans agreed that the Conference Center needs to be evaluated and privatization needs to be considered. She voiced concerns that the contract was previously just under the amount needing Council approval. She suggested auditing expenditures on consultants and cutting those expenses. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Mayor Della Sala said an Urban Design Planner was estimated to cost between $100,000 and $1,000,000, which is far more than this contract. He said that this individual is uniquely qualified for this position. He stated that the City abides by its rules and limits on contracts. Mayor Della Sala said that the City Council sets the budget and policies regarding reserves. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to adopt Resolution No. 10-144, C.S., authorizing the extension of the Conference Center consultant contract. Councilmember Downey supported the staff recommendation, saying that she looks forward to this position becoming permanent. Councilmember Selfridge supported the motion and asked to agendize a closed session item to discuss future employees of the Conference Center. City Attorney Mall explained that there are legal limitations on what can be discussed in a closed session. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened Public Comments on items not on the agenda. Barbara Bass Evans asked that Council develop a policy to track all consultants that are hired and the amount that is paid to them. She suggested that the limit on the City Manager's contract approval authority be lowered. Nina Beatty said that she is delighted to see Agenda Item 21 to discuss a possible moratorium on SmartMeters in Monterey. She reviewed a list of cities that have already taken that action and asked to have an opportunity to make a presentation on the topic to the City Council. Larry Parrish, Green Party County Council of Monterey County, said that the Green Party has called for a ban on SmartMeters, and he submitted documentation on the topic of microwave radiation. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 16. Consideration of Proposal to Install Two Electronic Traffic Management Signs on Del Monte Avenue. (Plans and Public Works - 803-07) Action: Continued to November 2, 2010 4  City Council Minutes Tuesday, October 5, 2010 Mayor Della Sala called a recess at 4:56 p.m., and reconvened the meeting at 7:00 p.m. All Councilmembers were present. He noted that a letter regarding a potential immediate moratorium on water would be addressed in conjunction with Item 20. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Bob Oliver said that he hosts a radio show and he also shows people UFOs in Monterey's sky using night vision goggles. He said that the government does not acknowledge that these UFOs are there, and he invited people to come to the beach on Saturday and Monday nights to see them. Having no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 17. MPUSD Presentation on School Bond Election (City Manager - 706-07) Action: Presentation given Superintendent Marilyn Shepherd introduced the item, and Assistant Superintendent Dan Albert made a presentation on the MPUSD Facilities Master Plan. Ms. Shepherd gave a presentation regarding the proposed school bond. She asked the City Council to support Ballot Measure P. Mayor Della Sala opened the floor for public comments on the item. Bob Oliver asked what range of salaries teachers in the MPUSD receive. Ms. Shepherd said the average teacher's salary is $65,000 per year. Dan McElweney, school construction businessman, urged Council to look at the schools. He said the condition affects how people feel about their education and how well they perform, and he supported the bond measure. Having no further requests to speak, Mayor Della Sala closed public comment on the item. City Manager Meurer noted that one of Council's priorities is to sustain the relationship between the City and the military, and the quality of the schools affects that relationship. PUBLIC HEARING 18. Consideration of Proposed Revisions to Chapter 38, Article 25 of the Monterey Municipal Code, Architectural Review (Plans and Public Works - 201-01) Action: Held Public Hearing; passed Ordinance to print Senior Planner Forrest Ebbs presented the staff report. Mayor Della Sala opened the Public Hearing. Marsha Hardy, Oak Grove Neighborhood, thanked staff for working with her regarding concerns on this ordinance. She said that her association feels strongly that Oak Grove needs architectural review of single family homes. Joseph Aiello, Monterey resident, asked if new siding has to be approved and said too many signs are approved over the counter. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Mr. Ebbs clarified that siding requires architectural review and banners are issued exclusively over the counter. He said that routine sign permits are approved administratively. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council passed an Ordinance to print revising Chapter 38, Article 25 of the Monterey Municipal Code, Architectural Review. with a line item amendment to the Oak Grove Neighborhood Plan to require universal architectural review, and approving the negative declaration: 5  City Council Minutes Tuesday, October 5, 2010 AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Re-Consideration of City Council Decision Forming a Committee for the Proposed Downtown Specific Plan Schedule and Public Outreach Strategy (Continued from the 9/21/2010 Meeting) (City Council - 201-13) Action: Approved moving forward with the Downtown Specific Plan Schedule and Public Outreach Strategy using the current ad hoc committee Councilmember Sollecito explained that he wishes to remove the recommendation on the original motion for a second subcommittee, as the current ad hoc committee is doing a good job. Mayor Della Sala opened the floor for public comment on the item. Joseph Aiello asked for clarification regarding the current committee and the planning boundary. Staff said that they would provide Mr. Aiello with a map. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved moving forward with the Downtown Specific Plan Schedule and Public Outreach Strategy using the current ad hoc committee: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 20. Direction Regarding of Composition of the Proposed Municipal Advisor for the Regional Water Project (City Manager - 806-01) Action: Discussed; added Item 20b to the agenda; two motions regarding the composition of the proposed Municipal Advisor committee for the Regional Water Project failed City Manager Meurer said that a related item arose after the posting of the agenda regarding a taking a position on a proposed moratorium on issuing water permits. He said that this would require a four-fifths vote to place the matter on the agenda as an urgency item. Mayor Della Sala said that the Mayors have taken a position of vigorous opposition to the Cease and Desist Order. He said that the other five peninsula Mayors have asked the City to take a position. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council added an item to the agenda regarding the application of California American Water to the California PUC requesting imposition of an immediate moratorium for the Monterey Peninsula, finding that this is an emergency item that came to staff's attention after the posting of the agenda and requires immediate Council action: 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, October 5, 2010 City Manager Meurer presented the staff report, providing an update on the status of the Regional Water Project. Councilmember Downey explained that it was her desire to suggest to the PUC that a technical advisor should be appointed to the board as a voting municipal advisor. Mayor Della Sala recalled that Council's motion on this matter expressed a desire not to delay the project, and he expressed concerns that this action would delay the process. Mayor Della Sala opened the floor for public comments on the item. Bob Oliver said that the water shortage is a fraud, and this project will only increase water bills without increasing the water supply. Ron Weitzman, Water Plus President, supported efforts to get an equal position with regard to getting equal representation as soon as possible. He suggested forming a Monterey Municipal Water District before the contract is approved. George Riley, Citizens for Public Water, said that he has signed on to the project. He said that the Peninsula has lost control of the water supply to outside jurisdictions, and the issue of representation is critical. John Narigi, Monterey Plaza, agreed that educated technical support is critical and Councilmember Downey's suggestion might help. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Haferman said that the Council made a strong statement to have a voice in the regional water project. Mayor Della Sala said that his discussions with the other Peninsula mayors and the three settling parties indicate that it would not matter whether the representative is a technical person or an elected official. It was moved by Councilmember Downey and seconded by Councilmember Selfridge to communicate ex-parte with PUC and suggest a possible solution to the governance of the Regional Project would be to have a technical person represent the municipalities as a voting members, appointed by and responsible to the municipalities. Councilmember Sollecito said that this is a serious issue and voiced concerns that the implementation of the cease and desist order would have grave effects on the Peninsula economy. Mayor Della Sala said that the information he received indicates that if Monterey passes the motion and the suggestion is accepted by the PUC it would cause a delay. Councilmember Downey said that is a matter of opinion . Councilmember Haferman said that the Council has made their statement at a previous meeting, and he does not see how tonight's motion would help the process. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Selfridge NOES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None A motion by Mayor Della Sala, and seconded by Councilmember Sollecito, to approve that the composition of the proposed Municipal Advisor for the Regional Water Project would consist of two mayors failed by the following vote: AYES: 2 COUNCILMEMBERS: Sollecito, Della Sala NOES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 7  City Council Minutes Tuesday, October 5, 2010 20b. Application of California American Water to the California Public Utilities Commission Requesting Imposition of an Immediate Moratorium for the Monterey Peninsula (City Manager - 806-01) Action: Directed City Attorney to join with the other five Peninsula cities in a joint brief to be filed by October 8 opposing the imposition of a moratorium On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council directed the City Attorney to join with the other five Peninsula cities in a joint brief to be filed by October 8 opposing the imposition of a moratorium: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Vice Mayor Sollecito reported on the recent Yacht Club Regatta. Councilmember Selfridge asked about a date for the Council Retreat, and City Manager Meurer said it would depend partially on the facilitator who is yet to be hired. Ms. Selfridge asked for an update on the Hartnell Gulch, and she reported that the Fisherman's Festival is being extended for the History Fest. She thanked staff for their work on this event. She agreed that the Regatta was a huge success. Councilmember Downey applauded AMBAG for reaffirming their past policies regarding the Monterey Marine Sanctuary, which mirror Monterey's policies. She applauded Barry Perkins for his nomination as a community representative at the Salinas Airshow. Councilmember Downey reported on a recent tour of the Monterey History and Art Museum. Councilmember Haferman asked to agendize an item regarding Mr. Beach's request regarding his advertising trailer for Papa Murphy's. He reported that he received the City Focus television DVD in his mailbox and said that it is excellent. Mayor Della Sala reminded people about the Priority Based Budgeting meeting tomorrow night and the Downtown Specific Plan Workshop on Thursday night. He said that both are being held at the Conference Center. 21. Request to Agendize the Consideration of Adopting an Ordinance Establishing a One-Year Moratorium on the PGE Smart Meters (City Council - 701-01) Action: Agendized Councilmember Haferman distributed information regarding SmartMeters and asked Council to agendize the matter. Mayor Della Sala opened the floor for public comments on the item. Bob Oliver said that he has attended meetings on this issue and has heard both sides of the issue. He spoke in favor of a moratorium. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized consideration of adopting an Ordinance establishing a Moratorium on the PGE SmartMeters: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 8  City Council Minutes Tuesday, October 5, 2010 On question, Councilmember Haferman clarified that his goal is to vet the matter in front of the public with a minimum of staff work. 22. Request to Agendize Parking at Via Mirada (City Council - 701-01) Action: Withdrawn Councilmember Downey withdrew her request, saying that the neighbors have come together with a solution to this issue. CITY MANAGER REPORTS City Manager Meurer reported that he will be on vacation for two weeks beginning October 11. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:05 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9