Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 1, 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: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Community Services Director, Finance Director, Human Resources Director, Chief of Planning, Engineering, & Environmental Compliance, Assistant Director Plans and Public Works, Deputy Police Chief, Housing & Property Manager, Principal Planner, Traffic Engineer, Harbormaster, Principal Engineer, Recycling Coordinator, Traffic Engineering Intern CALL TO ORDER Mayor Della Sala called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Acknowledging The City of Monterey And Other Businesses Certified Under The Monterey Bay Area Green Business Certification Program (Plans and Public Works - 802-12) Action: Recognition given Recycling Coordinator Milton presented the staff report, acknowledging the City of Monterey and other local businesses that were certified in 2010. 2. Presentation on the 2nd Anniversary of the 2-1-1 Program by United Way of Monterey County (City Manager - 701-17) Action: Presentation received Fatima Dias, United Way Monterey County, gave a brief presentation and thanked the City for their support. She introduced Ronn Rygg, who presented the Annual Report for 2-1-1 Monterey County. CONSENT ITEMS City Manager Meurer suggested that Item 16 be moved to the first item on the evening agenda because there might be school aged children present for the item, and Councilmembers concurred. Mayor Della Sala said that a Councilmember has asked to remove Item 6 from the Consent Agenda, and Councilmember Downey asked to remove Item 10 to clarify some recent correspondence. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6 and 10, which were removed for separate discussion:  City Council Minutes Tuesday, February 1, 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 Approval of Minutes 3. January 18, 2011 Special Meeting (Information Resources - 701-09) Action: Approved 4. January 18, 2011 (Information Resources - 701-09) Action: Approved Award of Contracts 5. Awarding Contract for the Defense Manpower Data Center (DMDC) Emergency Generators and Medium Voltage Line Installation Project ***PMSA*** (Planning & Public Works - 405-04) Action: Adopted Resolution No. 11-007 C.S. Resolutions 6. 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 and January 4, 2011 (City Manager - 502-03) Action: Removed from Consent; discussed; concurred with Library Board recommendation for a shared Community Services and Library Director (3-2; Downey, Selfridge voting no); adopted Resolution No. 11-008 C.S. (5-0) City Manager Meurer introduced the staff report, giving a brief history of the evolution of the item. Finance Director Rhoads presented an analysis showing the total savings realized by combining positions. Mayor Della Sala opened the floor for public comment on the item. Esther Rodriguez, Monterey citizen, CHM/CAC Member, and Human Resources Professional, spoke in support of the staff recommendation. Clyde Roberson, Library Board Chair, made himself available for questions, and said that having worked with Ms. Bui-Burton he is confident that she can do the job. He said that the Library Board will be reviewing how the arrangement is working. Having no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to concur with the Library Board recommendation for a shared Community Services and Library Director, and to bring the matter back for review by the City Council in six months. Mayor Della Sala said that he would not support the motion because the City Manager is reducing the number of Department Heads, as has been directed by the City Council, and he does not see a need to revisit the matter in six months. He expressed confidence in the City Manager's ability to run the City, and confidence in the Community Services Director's abilities. He said that he believes it is time to move forward. The motion failed by the following vote: 2  City Council Minutes Tuesday, February 1, 2011 AYES: 2 COUNCILMEMBERS: Downey, Selfridge NOES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council concurred with the Library Board recommendation for a shared Community Services and Library Director position: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-008 C.S. approving the Museums, Cultural Arts and Archives Manager Classification and salary schedule: 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 7. Appropriation of Park Dedication Funds for Use at Scholze Park (Plans and Public Works - 406- 04) Action: Adopted Resolution No. 11-009 C.S. 8. Adoption of a Resolution Authorizing the Acceptance of Department of Homeland Security (DHS) Grant Funds for a Monterey Harbor Security Camera System and To Appropriate the Funds (Community Services - 406-04) Action: Adopted Resolution No. 11-010 C.S. Other 9. Denial of Claim - Jones (Finance - 408-04) Action: Denied claim 10. Approving Neighborhood Improvement Program Committee Representative and Alternate for Monterey Vista Neighborhood for Calendar Year 2011 (Plans and Public Works - 701-06) Action: Removed from Consent; discussed; approved Chief of Planning and Engineering Rerig explained the NIP nomination process and clarified the recent correspondence. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Neighborhood Improvement Program Committee Representatives and Alternates for Monterey Vista Neighborhood for calendar year 2011: 3  City Council Minutes Tuesday, February 1, 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 11. Review and Approval of City of Monterey Investment Policy (Finance - 407-01) Action: Approved Council adjourned to an Ocean View Community Services District Meeting 12. Ocean View Community Services District Quarterly Report (City Attorney - 701-03) Action: Received report City Manager Meurer gave a brief report. On question, Chief of Planning and Engineering Rerig gave an update on a scheduled inspection of the Stohan Building. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Ocean View Community Services District Quarterly Report: 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*** 13. 406 Alvarado Street; Receive Report and Provide Policy Direction on Alternatives for Completing 18-Low Income Apartment Units in the Monterey Hotel Mixed-Use Project (Plans and Public Works - 207-03) Action: Continued to evening session by consensus PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments. Gabby Carbajal, Monterey County Illegal Dumping Task Force, encouraged people to participate in the local clean-up day on April 16. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala adjourned the meeting to closed session at 5:18 p.m., then reconvened the meeting in open session at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Gawf announced that the conference with labor negotiators would be held at the end of the evening session. She said that in a conference with City real property negotiators to respond to a request to extend the tidelands leases adjoining 400 Cannery Row, the City Council gave confidential direction to their negotiators, and the vote was 3-2, with Councilmembers Downey and Selfridge voting no. 4  City Council Minutes Tuesday, February 1, 2011 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Henry Ruhnke, Monterey resident and businessman, spoke about how money can circulate within a community. He asked Council to consider adopting a local preference ordinance. Rafael Hernandez said he is here on behalf of the friends and family of Mr. Serrato and asked why so much force was used by the police with regard to the serving of the warrant on his friend. Having no further requests to speak, Mayor Della Sala closed public comments on items not on the agenda. The Mayor expressed his condolences to the Serrato family and their friends. PUBLIC APPEARANCE 16. Receiving Update on Community Outreach Pertaining to the Via Ladera Sidewalk Construction Project / Safe Routes to School Grant and Authorizing Call for Bids for Project Construction ***NIP*** (continued from the January 18, 2011 meeting) (Plans and Public Works - 803-17) Action: Received report and authorized staff to call for bids for construction of the sidewalk (3-2; Haferman, Selfridge voting no) Chief of Planning and Engineering Rerig introduced the item, and Intern Lacey Raak presented the report. Mayor Della Sala opened the floor for public comments. Luke Heiserman, Via Ladera resident, said that he walks to the school in the afternoon and evening to play sports and he has always felt safe. He voiced concerns that plants would be removed from the right-of-way. John Heiserman, Via Ladera resident, spoke in opposition to the project. Rick Broom, Via Ladera resident, agreed with the previous speaker and spoke in opposition to the project. Dan Albert, Assistant Superintendent of District Operations, thanked the City for applying for the grant and spoke in favor of improving the safety of walking paths for students. Mary Heiserman, Via Ladera resident spoke in opposition to the project and suggested installing speed bumps instead. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmembers discussed student safety concerns as related to the neighbors' concerns. On question, Traffic Engineer Deal explained that sending the grant money back to the State could inhibit the City's ability to obtain future grants. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council received the update on community outreach pertaining to the Via Ladera Sidewalk Construction Project / Safe Routes to School Grant and authorized the call for bids for project construction: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Haferman, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Consider Planning Commission Recommendation to Accept Revised Vision and Goals for the Waterfront Master Plan (Plans and Public Works - 201-12) Action: Amended and accepted the Revised Vision and Goals for the Waterfront Master Plan and directed the Planning Commission to continue to work with staff and the community on defining programs and projects for the Waterfront Master Plan (4-1; Downey voting no) 5 City Council Minutes Tuesday, February 1, 2011 Principal Planner Caraker presented the staff report and introduced Planning Commission Chair Widmar, saying that he is available to answer questions. Planning Commission Chair Widmar explained that the Master Plan gives context to the various specific plans that have been developed for the area and answered Councilmembers' questions about the plan. Mayor Della Sala opened the floor for public comment on the item. Chris Shake voiced concerns regarding some of the proposed changes, especially reducing parking at the Wharf. Bina Patel, small business owner, spoke in opposition to reducing parking at the Wharf. Mary Alice Cerrito Fettis, Fisherman’s Wharf Association President, spoke in opposition to reducing the parking and suggested removing the word "park" from the plan. Bob Massaro, Monterey resident, said that the waterfront parking lot functions well and does not need to be fixed. Frank Donangelo, Surfside Enterprises, said that the primary consideration in real estate is location, location, location, and second to that is adequate parking. He spoke in opposition to reducing the parking in the waterfront lot. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Haferman suggested amending page 18 of attachment 4, the Waterfront Plan, by striking "shall be subservient to the primary purpose of the Park," striking "and with parking encouraged away from the waterfront for primary pedestrian access," and striking "and park around the periphery of the waterfront." Councilmember Downey disagreed, saying that she does not want to squelch the idea of reducing some parking in that area. Councilmember Haferman said that removing the language does not preclude removal of the parking, but does not obligate removal. Mayor Della Sala suggested removal of the word "Park" from the first line of the vision because he is concerned about the future legal interpretation of the word. Councilmember Selfridge said that she could agree with removing the word "Park". On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Planning Commission recommendation to accept the amended revised Vision and Goals for the Waterfront Master Plan with the following revisions: striking "shall be subservient to the primary purposes of the Park" and "with parking encouraged away from the waterfront for primary pedestrian access" from the paragraph under "Vision: the Essence of the Waterfront Park;" and striking the word "Park" from the first line of that same paragraph; and striking "and park around the periphery of the waterfront" from the end of the first bullet under "Create Comprehensive Transportation and Parking Plan;" and directed the Planning Commission to continue to work with staff and the community on defining programs and projects for the Waterfront Master Plan: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 9:04 p.m., then reconvened the meeting at 9:10 p.m. 6  City Council Minutes Tuesday, February 1, 2011 15. Discussion on PG&E SmartMeters Technology and Consideration of possible Actions (Plans and Public Works - 804-03) Action: Received report and public comments; agendized consideration of an urgency ordinance (3-2; Downey, Della Sala voting no) Assistant Public Works Director Uslar presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Bob Oliver noted that tobacco was once deemed safe, and he spoke in support of a moratorium. Nina Beatty, Monterey resident, spoke in support of a moratorium. Cesar Lara, Monterey resident and Executive Director of the Monterey Labor Council, supported the staff recommendation, saying that a moratorium would hurt the workers. Mo Amar, property owner in Monterey, supported the staff recommendation, saying that SmartMeters empower people. Claudia Salit supported a moratorium, saying that technology is being forced on people. Ellen Cecil spoke in support of a moratorium. Tobey Cecil spoke in support of a moratorium. Carol Preddy submitted a DVD by Dr. Carl Merrit and asked Council to enact a moratorium. Leslie Patton spoke in support of a moratorium, and her daughter said she wants to live in a healthy home. An unidentified woman spoke in support of a moratorium and submitted a letter from Frank Edgar, former Mayor of Fairfax. Leeka Kheifets, Professor of Epidemiology at UCLA and former member of the World Health Organization, said that much of her work is quoted inaccurately in many of the materials. She said that the exposure from SmartMeters is extremely low, and is less than exposure from microwave ovens or cell phones. Jan Berman, Senior Director of PG&E Customer Care, reviewed the process for the installation of the meters on the Peninsula and the advantages of having the meters. On question, she addressed security concerns. Michael Herz, PG&E, gave additional details regarding security precautions. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized discussion of an ordinance for an urgency moratorium on installation of PG&E SmartMeters Technology for one year: AYES: 3 COUNCILMEMBERS: Haferman, Selfridge, Sollecito NOES: 2 COUNCILMEMBERS: Downey, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council adjourned to a meeting of the Redevelopment Agency. 13. 406 Alvarado Street; Receive Report and Provide Policy Direction on Alternatives for Completing 18-Low Income Apartment Units in the Monterey Hotel Mixed-Use Project (Plans and Public Works - 207-03) Action: Continued to evening session; received report and directed staff to continue to investigate alternatives to complete the project and report back with a preferable alternative on February 15, 2011 Property and Housing Manager Marvin presented the staff report. John Bigley, Urban Housing Community, gave a presentation on their proposed project. He 7 City Council Minutes Tuesday, February 1, 2011 introduced Eric Miller, the project Architect, who presented preliminary plans. Chair Della Sala opened the floor for public comments on the item. Dan Silveri, SBI Builders, spoke in support of the project. Ruben Hellic, real estate developer, spoke in support of the proposed project. Mark Irving, Urban Housing, reviewed the cost of the units and timing of the project and supported the proposal. Having no further requests to speak, Chair Della Sala closed public comments. On a motion by Director Haferman, seconded by Director Sollecito, and carried by the following vote, the City Council received the report and directed staff to continue to investigate alternatives and report back to the Agency on February 15, 2011 with a recommended preferable alternative for completing 18-low income apartment units in the Monterey Hotel mixed-use project: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Chair Della Sala adjourned the meeting back to the City Council. Due to the lateness of the hour, Mayor Della Sala recommended continuing the closed session item. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued Item cs1 to March 1, 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 COUNCIL COMMENTS Councilmember Selfridge asked that, based on Council’s previous action, staff submit a letter of support on behalf of the City Council of the petition to establish the Bayview Academy at the current Bayview School site to the Monterey County Office of Education. Councilmember Downey asked to agendize the State Theater, the Maritime Museum, and using a consultant for real estate matters for the upcoming retreat. CITY MANAGER REPORTS City Manager Meurer reported on the recent recommendation to the PUC regarding the State Water Board’s Cease and Desist Order, saying that the matter will likely be mediated in order to reach a settlement. He noted that AMP's 10th anniversary will be celebrated on Thursday. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:55 p.m. 8 City Council Minutes Tuesday, February 1, 2011 Respectfully Submitted, Approved, /s/ /s/ Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9