Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 21, 2011 4:00 - 5:30 p.m. and 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Haferman, Selfridge, Sollecito, Della Sala Absent: Councilmember Downey City Staff City Manager, Assistant City Manager, Director of Information Present: Resources/City Clerk, City Attorney, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental , Finance Director, Fire Chief, Community Services Director, Human Resources Director, Recreation & Community Services Director, Deputy Police Chief, Housing & Property Manager, Parks & Maintenance Superintendent CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. CONSENT ITEMS City Manager Meurer reported that Councilmember Downey has requested continuance of Item 13, and staff recommends continuing Item 16 and tabling Items 18 and 19. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the approved the Consent Agenda, except Items 13, 16, and 19: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey 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 continued Item 13 to July 19, 2011: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey 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 continued Item 16 to July 19, 2011: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, June 21, 2011 RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council tabled Items 18 and 19: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. June 7, 2011 (Information Resources - 701-09) Action: Approved (4-0-1; Downey absent) Ordinances 2. Second Reading - Amend Chapter 17, Article 2, Section 17-11 and Chapter 17, Article 2, Section 17-13 of the Monterey Municipal Code, Regulating Vehicle Access and Parking On Municipal Wharf No. 1 (Information Resources - 701-11) Action: Adopted Ordinance No. 3461 (4-0-1; Downey absent) Resolutions 3. Award Turf Mowing Service Contract (Plans & Public Works - 405-04) Action: Adopted Resolution No. 11-083 C.S. (4-0-1; Downey absent) 4. Approve Beach Operating Agreement with California State Parks (Plans & Public Works - 706- 03) Action: Adopted Resolution No. 11-084 C.S. (4-0-1; Downey absent) 5. Award On-Call Engineering and Surveying Design Services 2011-2012 Professional Services Contract ***CIP,NIP,PMSA*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 11-085 C.S. (4-0-1; Downey absent) 6. Award Major Municipal Improvements On-Call Contract 2011 for City Projects ***CIP/NIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 11-086 C.S. (4-0-1; Downey absent) 7. Award Major Municipal Improvements On-Call Contract 2011 for PMSA Projects ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 11-087 C.S. (4-0-1; Downey absent) 8. Authorize Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for the Presidio Of Monterey and the Defense Manpower Data Center (DMDC) Base Operations and Maintenance Contract ***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 11-088 C.S. (4-0-1; Downey absent) 9. Award Contract to Prepare Financing Plan for Downtown and Lighthouse Specific Plans (Plans & Public Works - 201-12) Action: Adopted Resolution No. 11-089 C.S. (4-0-1; Downey absent) 2  City Council Minutes Tuesday, June 21, 2011 10. Authorize Agreements With Monterey County Convention and Visitors Bureau (MCCVB) for Support Services and Operation of the Visitor Center (Public Facilities - 704-05) Action: Adopted Resolution No. 11-090 C.S. (4-0-1; Downey absent) Other 11. Authorize Presidio of Monterey Environmental Impact Statement Letter (Plans & Public Works - 706-06) Action: Approved (4-0-1; Downey absent) 12. Recommend Conceptual Approval of the Regional Taxi Authority Proposed Senior Taxi Voucher Program (Recreation & Community Services - 304-02) Action: Approved (4-0-1; Downey absent) 13. Approve Partial Service Retirement Benefit (Human Resources - 504-06) Action: Continued to July 19, 2011 (4-0-1; Downey absent) 14. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Kim Bui-Burton, Don Rhoads, Rick Marvin, and Chip Rerig to Consider Matters Relating to City Owned Property at 5 Custom House Plaza (Plans & Public Works - 206-03) Action: Approved (4-0-1; Downey absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Ellen Martin asked Council to agendize an item granting First Night Monterey in kind services on New Year's Eve this year, as has been done in the past. Having no further requests to speak, Mayor Della Sala closed public comments, and adjourned the meeting to closed session at 4:10 p.m. Mayor Della Sala recessed the meeting at 5:30 p.m., and Council reconvened in open session at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the following announcements from closed session. In a Conference with Labor Negotiators for General Employees of Monterey, the City Council gave confidential direction to their negotiators on a roll call vote of 4-0-1, with Councilmember Downey. In a Conference with Labor Negotiators for all employee organizations and unrepresented employees, a motion to give direction to the negotiators failed due to a requirement for a four- fifths vote. The vote was 3-1-1, with Mayor Della Sala voting no and Councilmember Downey absent. On a second roll call vote, the City Council gave confidential direction to their negotiators. The vote was 4-0-1, with Councilmember Downey absent. In a Conference with the Real Property Negotiating Team regarding City-owned property at 5 Custom House Plaza, on a roll call vote of 3-1-1, with Councilmember Selfridge voting no and 3  City Council Minutes Tuesday, June 21, 2011 Councilmember Downey absent, the Council gave confidential direction to their negotiators. A Conference with the City Real Property Negotiating team regarding City-owned property at 595 Munras Avenue was continued to the evening session. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments regarding items not on the agenda. Nelson Vega corrected a statement he made at a previous Council meeting regarding staff cuts at the City of San Jose. He clarified another of his comments, saying that, while he understands that public sector employees do their work, they do not have to compete. Having no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 15. Proclamation Honoring Lankaran Azerbaijan as Monterey's Sister City (Councilmember - 706- 10) Action: Presented proclamation Councilmembers Haferman and Selfridge made introductory comments. Mayor Della Sala introduced Delegates Samadaga Abdullayev, Alimardan Aliyev, and Counsul General of Azerbaijan Elin Suleymanov, who made brief comments expressing appreciation. The Sister City agreement was signed by each City's representatives. Councilmember Selfridge introduced Farid Musayev, who was the Councilmembers' guide and interpreter during their trip to Azerbaijan. City Manager Meurer introduced Maura Milforich, an intern from Dubrovnik, Croatia, another of Monterey's sister cities. PUBLIC HEARING 16. An Ordinance of the Council of the City of Monterey Amending Section 19-103 Schedule of Fees and Service Charges and Section 19-104 Development Project Fees: Public Hearing, Notice, Provision of Data-Staff recommends continuance to the July 19, 2011 meeting (Plans & Public Works - 407-06) Action: Continued to July 19, 2011 (4-0-1; Downey absent) PUBLIC APPEARANCE 17. Oral Report on Potential Impacts of the State Budget on the City of Monterey (Finance - 406-01) Action: Received report Finance Director Rhoads presented the report regarding the State's recent actions attempting to eliminate redevelopment agencies. Councilmember Sollecito, who recently attended meetings in Sacramento, gave a report. He suggested making the State representatives part time again, as they used to be, in order to improve the situation. Mayor Della Sala opened the floor for public comments on the item. Nelson Vega said that the cities and counties should work with the state and prepare for the elimination of the redevelopment agencies. Having no further requests to speak, Mayor Della Sala returned the 4  City Council Minutes Tuesday, June 21, 2011 discussion to the dais. Councilmember Sollecito explained that compromise legislation was put forth that would have given additional money to the schools and saved the redevelopment agencies. He said that if the pending bills are signed, the State will use the money to close their budget gap and the schools would not get additional money. 18. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Royal Seafood. (Plans & Public Works - 206-03) Action: Tabled (4-0-1; Downey absent) 19. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Gino’s Seafood. (Plans & Public Works - 206-03) Action: Tabled (4-0-1; Downey absent) OTHER BUSINESS 20. Discussion of the City Acquiring Control of the Bay View School Facility (City Council - 706-07) Action: Directed staff to take a wait and see approach and closely monitor MPUSD actions regarding the Bayview School facility City Manager Meurer presented the report, recommending that due to the current budget and staffing situation, the City Council not direct the staff to work on this issue. Councilmember Selfridge said that the school district is currently going through their 711 process to determine what to do with the Bayview School facility, and she recommended that the City watch this process closely. Councilmember Haferman said that a local real estate agent recently told him that it is very difficult to sell homes in Monterey to families with children. He said that the situation is affecting the entire community and the local economy. City Manager Meurer cautioned the Council that the City does not receive funding for schools and it would represent a major change in the mission for the City. Councilmember Sollecito said that the City is already doing a lot to improve the education situation in the City and has to continue to do so because the School District is not doing the job. Mayor Della Sala opened the floor for public comments. Nelson Vega said that Bayview School was a top rated school and he was surprised when it was closed. He said that it is about the numbers for the School District, and the City could help the situation by supporting Charter schools. He said the City does not have a role in buying the facility, but does have a role in supporting the good schools. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council directed staff to take a wait and see approach and closely monitor MPUSD actions regarding the Bayview School facility: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, June 21, 2011 COUNCIL COMMENTS Councilmember Sollecito reported on his attendance at a mock congressional hearing at La Mesa School, saying that he was quite impressed by the students. He congratulated La Mesa School. Mayor Della Sala said that he has been hearing that the budget that the City Council passed at their last meeting was the right budget for the City of Monterey at this time. 21. Request to Agendize - To Discuss a Referral to the Planning Commission of Water District Policies (Council - 706-08) Action: Agendized (4-0-1; Downey absent) Councilmember Haferman reported that this matter was discussed at the City's North Fremont Subcommittee meeting with regard to impediments to the revitalization and success of that area of the City. He said that the suggestion is to review some of the water District policies via the Planning Commission and articulate to the Water District ideas for changes to their policies. Mayor Della Sala opened the floor for public comments. Nelson Vega asked Council not to do anything that would stop the desalinization plan. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council agendized a referral to the Planning Commission of Water District policies: Mayor Della Sala said that the Peninsula Mayors are working diligently in support of the desal project, and the Monterey County Hospitality Association recently voiced support of the project. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Meurer reported that the Senate unanimously confirmed Leon Panetta as the Secretary of Defense. He said that there is a ceremony this Saturday celebrating the 60th anniversary of Camp Quien Sabe and a tribute to Helen Reed. He reported that the July Fourth Picnic will go forward as planned. He said that the June 29 Council Study Session and July 5 Regular Meeting have been canceled. He said that the Planning Department would be conducting Charettes regarding transportation planning next week. Mayor Della Sala said that the appointments and reappointments to Boards and Commissions would be presented at the July 19, 2011 meeting. 6 City Council Minutes Tuesday, June 21, 2011 Mayor Della Sala opened the floor for public comments on the closed session item regarding 595 Munras, no one came forward, and he closed the floor. ADJOURNMENT Council adjourned to Closed Session at 8:27 p.m., with Mayor Della Sala recusing himself from hearing the item and leaving the Chamber due to a potential conflict of interest. Vice Mayor Haferman conducted the closed session meeting. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with the City Real Property Negotiating team regarding City-owned property at 595 Munras Avenue, the City Council gave confidential direction to their negotiators on a roll call vote of 2-1-1-1, with Councilmember Selfridge voting no, Councilmember Downey absent, and Mayor Della Sala not participating due to a potential conflict of interest. ADJOURNMENT The meeting adjourned at 9:18 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7