Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 19, 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 Senior Planner, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Fire Chief, Community Services Director, City Engineer, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Building Official, Housing & Property Manager, Deputy Police Chief, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. David Bjork--Streets Division 20-Year Service Award (Plans and Public Works - 502-08) Action: Presentation made Mayor Della Sala presented a 20-year service award to Leadworker Bjork, who made brief comments. CONSENT ITEMS Mayor Della Sala noted that a Councilmember has asked to remove Items 4, 7, 12 and 13 from the Consent Agenda. Councilmember Selfridge asked to continue Item 4 to December 7, 2010. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 4, 7, 12, and 13, which were removed for discussion: 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. September 21, 2010 (Information Resources - 701-09) Action: Approved 3. September 29, 2010 (Information Resources - 701-09) Action: Approved Ordinances 4. Second Reading - Ordinance Replacing Section 38, Article 25, Architectural Review (Plans and Public Works - 701-11) Action: Removed from Consent; discussed; referred back to staff for amendment  City Council Minutes Tuesday, October 19, 2010 Councilmember Selfridge asked that this second reading be done at the same time as the Oak Grove neighborhood plan is amended. Councilmember Downey asked to amend the ordinance to include language that indicates that the General Plan takes precedence over a neighborhood plan, if there is a conflict. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council referred the Ordinance back to staff for an amendment to include language that indicates when the General Plan and a Neighborhood Plan are in conflict, the General Plan takes precedence: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Resolutions 5. Awarding Contract for City Wide Oncall Paper Purchase and Delivery Service (Information Resources - 405-04) Action: Adopted Resolution No. 10-145 C.S. 6. Rejecting Bid for the Fire Station #2 & Hilltop Center Reserve Potable Water System, and Authorizing Staff to Secure Services on the Open Market by Direct Negotiations ***NIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-146 C.S. 7. Initiating Preparation of Historic Context Statement and Intensive Level Survey for the Monterey Old Town National Historic Landmark District (Plans and Public Works - 209-07) Action: Removed from Consent; discussed; adopted Resolution No. 10-147 C.S. Principal Planner Caraker presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments. Mike Dawson asked as a member of AMAP that his group be included in the process. Barbara Bass Evans suggested turning down Page and Turnbull if they apply to do this work. She asked Council to include the public first in this survey and to use the proper staff person to work with AMAP. Marcia Hardy asked to include the Royal Presidio Chapel in the study. Having no further requests to speak, Mayor Della Sala returned the discussion to the Council. On question, Principal Planner Caraker explained the public outreach that is planned during the process. Councilmember Selfridge said that she hopes that an advocacy group is formed as part of the process. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-147 C.S., initiating preparation of an Historic Context Statement and Intensive Level Survey for the Monterey Old Town National Historic Landmark District: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, October 19, 2010 8. Adopting a Resolution Awarding a Contract and Appropriating $33,000 in additional funds to Prepare a Citywide Transportation and Parking Study (Plans and Public Works - 201-13) Action: Adopted Resolution No. 10-148 C.S. 9. Amending Resolution 10-054 C.S. and 10-102 C.S., Revising the Scope of Work for the Monterey Conference Center Grease Pretreatment Modifications Project, and Authorizing the Appropriation of Funds ***CIP***". (Plans and Public Works - 405-04)) Action: Adopted Resolution No. 10-149 C.S. 10. Awarding Contract for the 420 Estrella Avenue CDBG-R Energy Independence Project: Hot Water***CIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-150 C.S. 11. Participation in an Agreement to Share Funding of Operation and Maintenance Costs Associated with the Countywide Telephone Emergency Notification System (TENS) (Fire - 704-05) Action: Adopted Resolution No. 10-151 C.S. 12. Amending Resolution 10-024 C.S. Authorizing Staff to Amend the Contract with Architectural Resources Group, Inc. to Include Construction Support Services for the Visitor Center Roof Replacement and Seismic Upgrade Project ***NIP & CIP*** (Plans and Public Works - 704-05) Action: Removed from Consent; discussed; adopted Resolution No. 10-152 C.S. Principal Engineer McMinn presented the staff report. Mayor Della Sala opened the floor for public comment, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-152 C.S., amending Resolution 10-024 C.S. and authorizing staff to amend the contract with Architectural Resources Group, Inc. to Include construction support services for the Visitor Center roof replacement and seismic upgrade project: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 13. Amending a Multi-Agency Agreement Regarding the Procurement of a New Public Safety and Local Government Radio System (City Manager - 107-07) Action: Removed from Consent; discussed; adopted Resolution No. 10-153 C.S. Councilmember Selfridge asked why other cities are not being asked to pay at this time, and Councilmember Downey requested additional information on the total amount of money that will be required for this contract. Assistant City Manager Cohn presented the staff report, giving a brief history of the item and explaining how the project has evolved over time and how the agreement has changed with regard to the purchase of the radios. He clarified that by purchasing the radios now the County and cities will receive a substantial discount on the core infrastructure. Councilmember Downey voiced concerns that she did not know the extent of the expense for the radios when the project was last heard by the City Council. Councilmember Selfridge said that she would have liked to have seen this item somewhere other than on Consent. Mayor Della Sala reiterated that the action tonight would be to commit to purchasing radios now, rather than later, in order to save approximately $450,000 for the City. 3  City Council Minutes Tuesday, October 19, 2010 Mayor Della Sala opened the floor for public comments, and having no requests to speak, returned the discussion to the Council. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-153 C.S., amending the multi- agency agreement regarding the procurement of a new Public Safety and Local Government Radio System: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Other 14. Approving First Night Request to Close Streets and Use of City Property for Event on December 31, 2010 (Recreation - 302-02) Action: Approved 15. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Sam Rashkin and Rick Marvin, Kimberly Cole and Christine Hopper to Consider a Report and Appraisal for the Tidelands at 300 Cannery Row and Provide Direction on Items Related to a New Lease (Plans and Public Works - 704-09) Action: Authorized 16. Settlement of Workers' Compensation Claim - E. Adams (Human Resources - 701-03) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. David Wright, City employee, thanked the City Council for their condolences and dedication of scholarships in honor of his father. Belinda Dostel and Linda Toplarski, hair stylists, said that they recently received their building permit and business license to remodel and open their own hair salon in the City on Calle Principal, and are 90% complete in the renovation. They said that they received a notice from the Monterey Peninsula Water Management District that they don't have enough water credits at the site to open a salon. They asked if the City would allocate some water so they can open the business. Mayor Della Sala suggested that staff could assist in verifying the calculations for the water allotment at the site. Chief of Planning and Engineering Rerig reviewed the process for an applicant to coordinate with MPWMD to insure that there is adequate water on site or to secure that water supply. He said that staff would continue to work with the applicants. Councilmember Sollecito asked staff to make sure that the Water District's calculations are correct. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 17. Sanitary Sewer Rate Study – Public Input Process and Schedule (Plans and Public Works - 802-06) Action: Adopted the recommended process and schedule for public input and decisions concerning a possible sanitary sewer rate restructuring and increases 4  City Council Minutes Tuesday, October 19, 2010 City Engineer Reeves presented the staff report. Mayor Della Sala opened public comments on the item. James Bryant, President of OMBA and small business owner, said that the City has over $30 million in unfunded pension obligations, and now this reasonably expected expenditure is being requested. He suggested that Council direct staff to prepare a list of any additional anticipated major expenditures. Barbara Bass Evans asked if this is an effort to increase sewer fees and by how much. Mr. Reeves said that there would be an increase proposed, but the amount has not yet been calculated. Ms. Evans said that the City experiences sewer spills, and Council should pay for sewer repairs out of the Capital Improvement fund. She asked that the City maintain the sewers without impacting the rate payers. Having no further requests to speak, Mayor Della Sala closed public comments. Councilmember Sollecito clarified that raising the fees would be done through a Proposition 218 process. Assistant City Manager Cohn said that the high water users are likely to see higher increases than single family residences. Councilmembers voiced concerns regarding raising rates at this time. On question, Assistant City Manager Cohn clarified that there are a number of unfunded infrastructure exposures that staff is analyzing at this time. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to approve the sanitary sewer rate study - public input process and schedule. Councilmember Selfridge asked the motion maker to include bringing back a list of unfunded items, and the motion-maker declined. 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 Mayor Della Sala called a recess at 5:36 p.m., then reconvened the meeting at 7:00 p.m. All Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Bob Oliver voiced concerns about the City's relationship with the Monterey County Herald, saying that the articles are slanted and that the "Topix" section omits some comments. He said people can see UFOs in the night skies using night vision goggles and 9-11 was an inside job. Richard Rosen, attorney representing MyCaregiver, said that he will make his comments under Item 18. Brian Greenshields, Bayview Academy Founders, thanked the City Council for their support and said that there would be an open house tomorrow at Hilltop to give people an opportunity to sign a petition. He clarified that there would be no tuition to attend Bayview Academy because it will be a public school. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 18. Adopting California Building and Related Codes (Plans and Public Works - 202-08) Action: Held Public Hearing; discussed; passed Ordinance to print Building Official Kuehl presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. 5  City Council Minutes Tuesday, October 19, 2010 On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed an ordinance to print, adopting the California Building and Related Codes: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 19. Extension and Amendment of Interim Urgency Ordinance 3441 C.S. of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Marijuana Dispensaries Pursuant to Government Code Section 65858 and Direction to Staff (City Attorney - 203-07) Action: Adopted Urgency Ordinance extending the period of the City-wide moratorium on Medical Marijuana Dispensary use permits and adding a ban on all marijuana dispensaries allowed by state law (4-1; Haferman voting no); continued discussion of the matter to June 2011 City Attorney Mall presented the staff report, saying that the staff is asking to extend the moratorium on medical marijuana facilities and amend it to include non-medical marijuana facilities in light of the possibility of the passage of Proposition 19. Mayor Della Sala opened the Public Hearing. Bob Oliver spoke in opposition to the staff recommendation, saying that the voters have voted for this, and the cities have not implemented it. He said that limiting the location to Ryan Ranch infringes on landlords rights. Brenda Carr submitted her comments in writing and spoke in opposition to the staff recommendation. Richard Rosen said that the City Attorney has not followed the City Council's direction to bring an ordinance regulating medical marijuana, but has instead mixed it with recreational marijuana. He said that medical marijuana is established in 14 states, and the City should not lump the two issues together. He suggested passing a separate ordinance for each use. Scott Wade said that he is opposed to Proposition 19 because it is poorly written and does not address medical marijuana. He suggested that if medical and recreational use cannot be dealt with as separate issues, Council should set a time frame for the process. Having no further requests to speak, Mayor Della Sala closed the hearing. Councilmember Downey said that she would like to consider the extension of the moratorium separately from the amendment to the ordinance. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to approve the Extension and Amendment of Interim Urgency Ordinance 3441 C.S. of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Marijuana Dispensaries Pursuant to Government Code Section 65858. Councilmember Haferman said that he would not support a full year's extension of the medical marijuana moratorium, so would not support the motion. Mayor Della Sala said that he would support the motion because he believes it is prudent. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haferman ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 6 City Council Minutes Tuesday, October 19, 2010 Councilmember Downey said that she would favor banning medical and recreational marijuana facilities. She said that she came to this conclusion after visiting facilities in another city and seeing how they are run. Councilmember Sollecito said that this is not an easy decision. He said that drugs should be regulated, but the federal government has outlawed marijuana, and even though it works. He said that drug laws are not working and it is important to go another way. Councilmember Haferman said that the previous direction was for the City Attorney to put together an ordinance dealing with medicinal use of marijuana. He suggested that the draft ordinance would be a good one if it were changed to only deal with medical marijuana. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito to direct staff not to take additional action on the item until after the vote on Proposition 19 occurs, and to continue the item until June 2011. Councilmember Selfridge supported Councilmember Sollecito's comments that the federal government needs to address this issue. 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 COUNCIL COMMENTS Councilmember Haferman said that he received a letter from the McCanns regarding the installation of a SmartMeter without notification. He asked that the letter be distributed to the City Councilmembers. He said that another concern is that SmartMeters can be hacked. Mr. Haferman asked staff to provide additional information on the background regarding 470 Calle Principal and the water allotment. He said that on one side of the train depot is a "For Lease" sign, and he would like to hear additional information about the City's plans. Councilmember Selfridge urged Council to think about their priorities for the upcoming NIP process. She said that she has had numerous complaints regarding the number of meetings and the frequency. She thanked Tom Reeves for his volunteer work on first flush. She asked that staff prepare a report prior to the upcoming Council Retreat. Ms. Selfridge reminded people of an upcoming fundraiser for the Western Flyer. Councilmember Downey reported that the Lyceum will be holding an anniversary celebration. She said that she recently telephoned five people in a City department and could not get a live person. She asked that a person answer one line in a department. Ms. Downey requested that fiscal information be highlighted in staff reports. She said that she would like find out more about the water situation at 470 Calle Principal. Mayor Della Sala asked if Monterey still stamps plans with a notification regarding the necessity to obtain a water permit. He noted that it is true that there have been a large number of public meetings because the Council has directed staff to do an extraordinary job of bringing the public into the process. He agreed that a schedule is a good idea because there are so many things happening in the City right now. CITY MANAGER REPORTS Assistant City Manager Cohn had no report. 7 City Council Minutes Tuesday, October 19, 2010 ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:28 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 8