Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 2, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS 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, Fire Chief, Human Resources Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Community Services Director, Building Official, Housing & Property Manager, Deputy Police Chief, Principal Planner, Senior Planner, Senior Associate Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS City Manager Meurer noted that an addendum to the agenda added an Item 15 to discuss a potential sister city relationship. Mayor Della Sala said that Councilmembers have asked to remove Item 9 from the consent agenda. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, noting a correction on Item 5 and excepting Item 9, which was removed for discussion: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. October 5, 2010 (Information Resources - 701-09) Action: Approved 2. October 19, 2010 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Awarding Contract for the Wharf 1 Structural Repair Project ***CIP*** (Plans and Public Works - 904-17) Action: Adopted Resolution No. 10-154 C.S.  City Council Minutes Tuesday, November 2, 2010 Ordinances 4. Second Reading - Chapters 9 and 13 of the Monterey City Code Adopting the 2010 California Building Code and Appendices I And J; 2010 California Historic Building Code; 2010 California Existing Building Code; 2010 California Residential Code; 2010 California Plumbing Code; 2010 California Electric Code; 2010 California Mechanical Code; 2010 California Fire Code Including A-J; and 2006 International Property Maintenance Code (Plans and Public Works - 701-11) Action: Adopted Ordinance No. 3455 Resolutions 5. Awarding Contract to Purchase Eight (8) Diesel Particulate Filters and One (1) Controller Box (Plans and Public Works - 812-02) Action: Adopted Resolution No. 10-155 C.S. 6. Cities of Service Resolution authorizing the Mayor to Sign a Declaration of Service (Human Resources - 502-14) Action: Adopted Resolution No. 10-156 C.S. 7. Amending the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (Information Resources - 707-13) Action: Adopted Resolution No. 10-157 C.S. 8. Resolution Amending Parking Violation Fee Schedule To Incorporate State of California Surcharge (Community Services - 407-06) Action: Adopted Resolution No. 10-158 C.S. 9. Approving a Resolution Accepting the Revised Association of Monterey Bay Area Governments (AMBAG) Bylaws (Plans and Public Works - 706-04) Action: Removed from Consent; discussed; adopted amended Resolution No. 10-159 C.S. Principal Planner Cole presented the staff report. Councilmember Downey suggested continuing the item until it can be discussed in a larger context of forming a metropolitan planning agency through regional consolidation. On question, AMBAG Director John Doughty explained that the Bylaws become effective on the affirmative vote of a majority of member agencies, and he expects that these Bylaws will become effective regardless of whether the Council continues the item. Mr. Doughty clarified that AMBAG is a three county agency. Mayor Della Sala opened the floor for public comment on the item, and no one came forward. He returned the discussion to the City Council. 2  City Council Minutes Tuesday, November 2, 2010 It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to approve Resolution no. 10-159 C.S., accepting the fiscal aspect of the Association of Monterey Bay Area Governments (AMBAG) Bylaws as presented in the report. 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 RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** Mayor Della Sala adjourned the meeting to the Ocean View Community Services District Meeting. 10. Ocean View Community Services District Quarterly Report (City Attorney - 701-03) Action: Received Report Chair Della Sala introduced the item and opened the floor for public comment. Barbara Bass Evans said that the Stohan's building is badly deteriorating and the City should look at the roof to make sure that the building is water tight. Having no further requests to speak, Chair Della Sala closed public comment. On question, Chief of Planning and Engineering Rerig clarified that staff periodically inspects the property and has an inspection scheduled this week. He said that the property was last inspected about a year ago. Adjourn to City Council Meeting Chair Della Sala adjourned the meeting back to the City Council. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. John Kuehl, Chief Building Official, introduced Simone Green, an intern from Germany who has been working in his office since September. Bob Oliver said that the Monterey Peninsula Herald writes slanted stories, does not post all comments online, and has taken over his computer screen. He voiced concerns that the City of Seaside is corrupt. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala called a recess at 4:33 p.m. and reconvened the meeting at 4:36 p.m. PUBLIC APPEARANCE 11. Presentation from Urban Futures Incorporated Regarding their Analysis of the Water Purchase Agreement between the Marina Coast Water District, Monterey County Water Resources Agency and California American Water Company (City Manager - 804-05) Action: Received and discussed report Oliver Chi, Urban Futures, Inc., made the presentation via teleconference and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment, and having no requests to speak, he closed public comment on the item. 3  City Council Minutes Tuesday, November 2, 2010 ***Adjourn to Closed Session*** Mayor Della Sala called a recess at 5:45 p.m., noting that the closed session items would be heard at the end of the evening session. He reconvened the meeting at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Della Sala announced that the Closed Session items had been continued to the end of the evening session, so there are no announcements at this time. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comments for items not on the agenda. Robert Solomoni, former school teacher, said that he has several medical problems and recently lost his disabled placard and received a ticket in Monterey. He said that he spoke with staff and was not treated well. Lorna Moffett asked if there has been progress on her suggestion to allow homeless people to sleep in their cars in City parking lots. She asked Council to become homeless for three days. Heberd Olsen said that South Africa has a liberal policy for dealing with homeless, and he suggested that Council look into it. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 12. Citywide Amendments to the Zoning Map and the General Plan to Address Identified Map Discrepancies, Parks and Open Space Designations of Private property, and Monterey Institute of International Studies and City Hall Properties (Plans and Public Works - 203-07) Action: Adopted Resolution No. 10-160 C.S., approving the Initial Study and Negative Declaration; adopted Resolution No. 10-161 C.S., approving the General Plan Amendments; and passed an ordinance to print approving the zoning maps amendments Senior Planner Ebbs presented the staff report. Mayor Della Sala opened the Public Hearing. Lorna Moffett asked if the green belt within the commercial areas could be developed. Mr. Epps clarified that they would not. Debbie Linz voiced concerns about homelessness, saying that there is no allocation for homeless. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 10--160 C.S., approving the Initial Study and Negative Declaration; adopted Resolution No. 10-161 C.S., approving the General Plan Amendments; and passed an ordinance to print approving the Citywide Amendments to the Zoning Map and to address identified Map discrepancies, Parks and Open Space designations of private property, and Monterey Institute of International Studies and City Hall properties: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, November 2, 2010 13. Presentation and Discussion on PG&E SmartMeter Technology and Consideration of a Moratorium Against the Installation of Gas and Electric SmartMeters (Plans and Public Works - 804-03) Action: Received report; tabled Assistant Plans and Public Works Director Uslar introduced the item, saying that representatives from PGE would present a report and answer Councilmembers' questions. Bill Devereaux, PGE, gave an overview of the SmartMeter program. Mayor Della Sala opened the Public Hearing. Heberd Olsen voiced concerns that he could not read some of the slides. He asked Council to adopt an ordinance requiring coaxial cabling for the meters and voiced concerns about SmartMeters. Debbie Linz said that these are microwave frequencies, voiced concerns about health effects, and supported a moratorium. Lorna Moffett voiced concerns regarding microwaves and supported a moratorium. Marilyn Garrett asked Council to give equal time to Nina Beatty or Professor Chase and she supported a moratorium. Nina Beatty said that she has submitted a detailed letter, and she supported the moratorium. Glenn Chase, Professor of Management Systems, said that a smart grid is a good thing because it allows sharing of energy. He said that there is no advantage to the SmartMeters and wireless creates problems because the meters send signals back and forth to all meters throughout a neighborhood. He supported the moratorium. Hunter Harvath, Monterey resident, noted that wild fluctuations in utility bills are an inconvenience, and SmartMeters enable a very accurate reading every month. He said that he looks forward to being able to access his usage online, and he opposed the moratorium. Maryanne Leffel, Monterey resident, said that this is a step forward for the local economy and her experience with SmartMeters has not affected her health. She opposed the moratorium. Mayor Della Sala reopened the floor to PGE representatives to answer questions and concerns. Gerald Bushberg, RFL consultant, clarified that microwaves are a subset of radio waves. He said that the effect of the SmartMeter frequencies would be equivalent to walking by someone using a cell phone twice a day. He noted that many commonly used devises operate at similar frequencies. Mayor Della Sala closed the Public Hearing. Councilmember Haferman said that due to timing issues with the CPUC and PGE's timeline, he does not see any harm in moving forward with adopting the ordinance. On question, City Attorney Mall estimated that it would take an attorney 30-40 hours per month to fight a lawsuit that might result. Mr. Uslar explained that the City has a franchise agreement with PGE, and that a moratorium might involve private property rights as well. Mayor Della said that he sees no benefit to making a symbolic gesture with this ordinance. It was moved by Mayor Della Sala, and seconded by Councilmember Downey, to receive the report and not impose a moratorium. Councilmember Sollecito said that he would like to continue this matter and get more information before making a decision. Mayor Della Sala withdrew his motion. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the item: 5  City Council Minutes Tuesday, November 2, 2010 AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 8:50 p.m., the reconvened the meeting at 9:03 p.m. PUBLIC APPEARANCE 14. Consideration of Request to Support a Tidelands Exchange to Release the Property at 300 Cannery Row from the Public Trust (Plans and Public Works - 203-06) Action: Directed staff to approach the State Lands Commission about the release of the tidelands from Public trust at 300 Cannery Row (4-1, Selfridge voting no) Senior Associate Planner Hopper presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Kelly McCarthy Sutherland, Lombardo and Gillis, spoke representing the property owners and supported the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council approved the request to support a Tidelands exchange to release the property at 300 Cannery Row from the Public Trust: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala asked staff to negotiate vigorously for an exchange within the City of Monterey. OTHER BUSINESS 15. Potential Sister City Relationship in Azerbaijan (City Council - 706-10) Action: Agreed to explore a potential sister city relationship Councilmember Selfridge reported that she had been invited to Azerbaijan to explore a sister city relationship at the expense of the host government. Councilmembers agreed that Councilmember Selfridge and possibly another representative should go on the trip. COUNCIL COMMENTS Councilmember Selfridge said that she is pleased that the Hartnell Gulch project is coming along nicely. Councilmember Downey reported that the Hospitality Association had a very nice luncheon today. She said that Trader Joes and Pete's coffee employees are using the parking garage, but the parking lot is still too crowded. She suggested a one-hour parking limit and more patrol of the area. 6 City Council Minutes Tuesday, November 2, 2010 CITY MANAGER REPORTS City Manager Meurer said that the City Clerk would contact Councilmembers to schedule a Retreat, and the potential dates are November 19 or December 17. He reported on the Black Acacia trees that were recently removed from along Lighthouse. ***Adjourn to Closed Session*** The City Council adjourned to Closed session at 9:45 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the announcements as follows: In a Conference with Labor Negotiators for all employee groups: on a unanimous roll call vote, the City Council gave confidential direction to their negotiators; a motion requiring a four-fifths vote failed 3-2, with Councilmembers Downey and Selfridge voting no; and a motion requiring a four-fifths vote failed 3-2 with Councilmember Sollecito and Mayor Della Sala voting no. A Conference with City Real Property Negotiators to Consider a Report and Appraisal for the Tidelands at 300 Cannery Row and Provide Direction on Items Related to a New Lease was not discussed and will be held on November 4, 2010 at 2:30 p.m. A Conference with City Real Property Negotiators regarding City-Owned Property at 595 Munras Avenue was not discussed and will be held on November 4, 2010 at 2:30 p.m. A Conference with Legal Counsel regarding existing litigation in the matter of the application of California-American Water Company for a Certificate of Public Convenience and Necessity to Construct and Operate its Coastal Water Project to Resolve the Long-Term Water Supply Deficit in its Monterey District and to Recover All Present and Future Costs in Connection therewith in Rates was continued to November 16, 2010. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:45 p.m. OTHER BUSINESS Respectfully Submitted, Approved, /s/ /s/ Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7