Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 4, 2011 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: City Staff City Manager, City Attorney, Assistant City Manager, Community Services Present: Director, Finance Director, Human Resources Director, Police Chief, Chief of Planning, Engineering, & Environmental Co, Assistant Director Plans and Public Works, Housing & Property Manager, City Engineer, Senior Assistant City Clerk, Parks & Maintenance Superintendant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Streets Division Safety Award-One Year without a Lost Time Accident (Plans and Public Works - 502-08) Action: Presentation made CONSENT ITEMS City Manager Meurer stated Councilmember Selfridge asked to pull item 9 for discussion and that he asks the Council to continue item 8 to February 2, 2011. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent agenda with the exceptions of items 8 and 9. 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 2. December 16, 2010 (Information Resources - 701-09) Action: Approved 3. December 21, 2010 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, January 4, 2011 Resolutions 4. Approval of a Resolution Accepting and Appropriating a Grant from PG&E in the Amount of $1,500 to Purchase Equipment for the Community Emergency Response Team (CERT (Fire - 602-07) Action: Adopted Resolution No. 11-001 C.S. 5. Awarding Contract and Authorizing Appropriation and Transfer of Funds for the Fire Station #2 & Hilltop Center Water Storage Tanks Project ***NIP*** (Plans and Public works - 405-04) Action: Adopted Resolution No. 11-002 C.S. 6. Authorizing the Appropriation of Funds from the 2010-11 Caltrans Community-Based Planning Grant and the 2010-11 Monterey Bay Unified Air Pollution Control District AB 2766 Grants (Plans and Public Works - 406-04) Action: Adopted Resolution No. 11-003 C.S. 7. Approval of Resolution Authorizing Appropriation of Monterey Peninsula Foundation Youth Fund Grant in the Library Trust Fund (Library - 406-04) Action: Adopted Resolution No. 11-004 C.S. 8. Approval of Resolution Adopting Museums, Cultural Arts and Archives Manager Classification and Salary Schedule and Concurrence with Library Board Recommendation; Continued from December 21, 2010; Staff Recommends Continuing This Item to January 18, 2011 (City Manager - 502-03) Action: Pulled from Consent; Continued to February 1, 2011 Meeting On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued item 8 to the February 1, 2011 Meeting. 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 9. Retroactive Ratification of an Award of Contract to Disaster Cleanup for Emergency Abatement and Repair of Water Damages to Presidio of Monterey, Building 829 (Plans and Public Works - 405-04) Action: Pulled from Consent; Discussed; Adopted Resolution No. 11-005 C.S. Councilmember Selfridge asked how the contingency amount was derived, how the bid process worked for this disaster cleanup contract, and for a study session on military contracting,. Assistant Director Plans and Public Works Uslar stated 10% contingency funds are necessary to cover unforeseen damages that were identified as part of the disaster cleanup contract. City Manager Meurer described how military contracts are managed, noting that the military pays for all work performed plus the City's management costs. Mr. Meurer stated he will work with the Mayor and Vice Mayor to schedule a study session on this topic. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Retroactive Ratification of an Award of Contract to Disaster Cleanup for Emergency Abatement and Repair of Water Damages to Presidio of Monterey, Building 829 in the amount of $72,452.55. 2  City Council Minutes Tuesday, January 4, 2011 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 Other 10. Recommendations for Appointments to the Committee, Colton Hall Museum/Cultural Arts Commission, Historic Preservation Commission, and Parks and Recreation Commission (Information Resources - 701-06) Action: Reappointed Colton Hall Museum/Cultural Arts Commissioners Dias, Schneider, and Wojtkowski, Historic Preservation Commissioners Castagna and O'Brien, Parks and Recreation Commissioners Federico, Marotta, McCarthy, Menendez-Herbst, and Woodward all with terms ending December 31, 2012. Appointed Leonard Han to the Colton Hall Museum and Cultural Arts Commission and Virginia McLaine and Merritt Palminteri to the Historic Preservation Commission with terms ending December 31, 2012. 11. Appoint Representatives - Outside Agencies and Subcommittees (Information Resources - 701- 04) Action: Approved 12. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marv, Chip Rerig, Sam Rashkin, Steve Scheiblauer to Provide Direction Regarding Municipal Wharf 2 Concessions Gino's Seafood and Royal Seafood (Plans and Public Works - 206-03) Action: Authorized 13. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin, Chip Rerig, Sam Rashkin, Don Rhoads to Provide Direction to Respond to Request to Sell 570 Munras Avenue (Uptown Monterey) to the Tenant GLC/Foothill Monterey, LLC (Plans and Public Works - 206-03) Action: Authorized 14. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin and Chip Rerig to Provide Direction to Respond to Request to Extend Tidelands Leases Adjoining 400 Cannery Row (Monterey Plaza Hotel) for the Purpose of Refinancing (Plans and Public Works - 206-03) Action: Authorized ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Jody Hansen, Executive Director of the Monterey Peninsula Chamber of Commerce, provided the Council with copies of their latest directory. Police Chief Shelby provided an update on a shooting incident that occurred on New Year's. Chief Shelby stated that he does not think the incident was preventable even if there had been more officers on patrol or if the City had other units, like canine units. Chief Shelby 3  City Council Minutes Tuesday, January 4, 2011 noted that the Police Department vigilantly protects public safety and will be working with businesses to see if there is anything businesses could implement to reduce the chance of similar events from happening in the future. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 15. Providing Guidance to Neighborhood Improvement Program (NIP) Committee for Fiscal Year 2011-2012 Projects ***NIP*** (Plans and Public Works - 808-01) Action: Council asked the NIP Committee to use essential maintenance and protection of public health and public safety as the City's needs for this round of projects, asked the Committee to look favorably at 5 storm drain projects totaling approximately $1.2 million and added a Wharf II Restroom project to the list of projects as a secondary priority, and directed staff to provide the entire list and nomination papers to the NIP Committee. City Engineer Reeves presented the agenda report, stating staff is asking today for similar guidance that the Council provided to the Neighborhood Improvement Program Committee for 2009-2010 projects, asking specifically what are City's needs and which projects Council recommends be evaluated. Mayor Della Sala opened public comment on this item and seeing no requests to speak closed public comments. Councilmembers Haferman, Sollecito, and Downey suggested prioritization of the projects list, specifically the storm drain projects and Councilmember Selfridge stressed the need to add the Wharf II Restroom to the list. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote that the Neighborhood Improvement Program Committee forward to the Council projects that either meet an essential maintenance need or that protect public health and safety and that the Committee look favorably on the five storm drain projects totaling approximately $1.2 million dollars as the Council considers these high priority projects and that the Wharf II Restroom be added to the list provided by staff as a secondary priority. 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 ***Adjourn to Closed Session*** Mayor Della Sala adjourned the meeting to a closed session at 5:12 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m. where all Council members were present. ANNOUNCEMENTS FROM CLOSED SESSION Senior Assistant City Clerk Raynor announced that on a unanimous roll call vote the Council continued the Existing Litigation item on the closed session agenda to the end of the evening agenda. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Nelson Vega spoke against selling City property. City Manager Meurer stated that when someone makes an offer on a City property, staff needs to go to Council to discuss and get direction on the offer and 4  City Council Minutes Tuesday, January 4, 2011 that that is purpose of the closed session discussion that was authorized this afternoon. Mr. Meurer stated that Mr. Vega will be able to speak to that closed session item before the closed session meeting on January 18, 2011. Police Chief Shelby repeated his comments from the afternoon about the shooting incident New Year's. Seeing no further requests to speak, Mayor Della Sala closed public comments PUBLIC APPEARANCE 16. Review the Proposed Sanitary Sewer Rate Restructuring, Fee Rate Increase, and Authorize Mailing of Proposition 218 Notice; and Consider Adoption of a Sewer Connection Fee (Plans and Public Works - 802-06) Action: Tabled City Engineer Reeves presented the agenda report, asking Council in addition to the 2 recommendations to authorize one more public workshop. Mr. Reeves introduced Doug Dove who provided Council with a presentation on the existing problems, objectives of sewer fee rate restructuring, description of how proposed rates would be calculated, and the Property 218 requirements. Mayor Della Sala opened public comment on this item. Nelson Vega spoke against the fee rate increases and expressed his disappointment should the City levy more fees onto its citizens and suggested a variety of alternatives instead. Mr. Nelson asked why the City is proposing doing more than the pipes listed at status F. Uwe Grobecker spoke against the fees and asked the Council to not approve this item. Seeing no requests to speak, Mayor Della Sala closed public comment. Councilmember Downey asked why fixing only the F pipes is not the solution and City Manager Meurer explained that in the long run fixing only F status pipes is not cost effective because the City would be opening up the same street multiple times to fix different statuses of pipes instead of fixing a single run of pipes at once. Mayor Della Sala expressed opposition to the way the fees are calculated, but does support having another public hearing and public outreach meeting, Councilmember Haferman expressed concerns with the increase of fees, noting that he does not see how the City could pay for this, but does support a public hearing and workshop. City Manager Meurer noted that if the Council does not agree with the calculation method used by MRWPCA that staff would need time to develop a new calculation method. City Engineer Reeves noted that if the City steps away from the MRWPCA calculation method, then this could lead to the City having to bill this independently from MRWPCA if the City method does not work with the MRWPCA billing process, thereby incurring more expenditures. Mr. Reeves stated that if the Council is not comfortable with the rates proposed, staff does not recommend setting a public hearing and mailing out notices and based on those comments City Manager Meurer asked that Council table this item. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council tabled the Proposed Sanitary Sewer Rate Restructuring, Fee Rate Increase, and Authorize Mailing of Proposition 218 Notice; and Consider Adoption of a Sewer Connection Fee. 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 COUNCIL COMMENTS 17. Request to Agendize Urgency Ordinance Regarding SmartMeters (Sollecito and Haferman - 804-01) Action: Agendized (4-1; Downey voting No) 5 City Council Minutes Tuesday, January 4, 2011 Councilmember Sollecito stated he needs to know more about this and that is why he asked to have this item agendized. Mayor Della Sala opened public comment on this item. Nina Beatty spoke against installation of SmartMeters and asked the Council to adopt an emergency ordinance against SmartMeters, noting that Marin County just adopted one. Seeing no more requests to speak, Mayor Della Sala closed public comment. Councilmember Downey stated she thought that it would be difficult to find a definitive answer on this. City Manager Meurer asked for direction, stating staff can collect that if such an ordinance is agendized. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and passed by the following vote, the Council agendized an Urgency Ordinance Regarding SmartMeters. AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Selfridge thanked First Night for a successful event. Councilmember Downey asked staff questions about the HVAC system being installed at City Hall, the microphone system used in the Council Chamber by all boards, committees, and commission, and the status Monterey History and Art reports. Councilmember Downey requested that board, committee, and commission minutes include comments indicating why a member voted against the something. Councilmember Downey commented on copies of two documents the Council recently received. Councilmember Downey suggested the Planning Commission redo Resolution 9000 and Chief of Engineering, Planning and Environmental Compliance Rerig stated that is part of the Waterfront Master Plan that is already underway. CITY MANAGER REPORTS City Manager Meurer congratulated Housing and Property Manager Marvin for getting the subdivision map recorded for the Monterey Hotel. Mayor Della Sala thanked Rick and his staff as well, noting that this is just another example of staff doing an excellent job. City Manager Meurer thanked Doug Stafford and his crews for all their work during recent storms. Mr. Meurer reminded Council of the upcoming Priority Based Budgeting meeting on January 26th and that the Council's joint meeting with the Planning Commission and Architectural Review Committee to discuss signage and tree removal policies is at the Conference Center on January 18th. ADJOURNMENT At 9:11 p.m. Mayor Della Sala adjourned the regular Council meeting and adjourned to the continued closed session meeting. Respectfully Submitted, Approved, /s/ /s/ Catherine Raynor Chuck Della Sala Senior Assistant City Clerk Mayor 6