Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 19, 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 Assistant City Manager, Director of Information Resources/City Clerk, City Present: Attorney, Chief of Planning, Engineering, and Environmental , Community Services Director, Police Chief, Human Resources Director, Deputy Police Chief, Assistant Finance Director, Housing & Property Manager, City Engineer, Principal Engineer, Benefits Manager, Revenue Manager, Senior Planner, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS Mayor Della Sala noted that Councilmembers have requested the removal of Items 4, 12, and 13 from the Consent Agenda for discussion. Councilmember Downey recused herself from voting on Items 1 and 15 because she was not present at the last meeting. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, except Items 1 and 15 from which Councilmember Downey abstained, the City Council approved the Consent Agenda, except Items 4, 12, and 13, which were removed for a separate 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. June 21, 2011 (Information Resources - 701-09) Action: Approved (4-0-1; Downey abstaining) 2. July 5, 2011 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Approve Ozone System: Lake El Estero Irrigation Water Project Contract and Authorize an Appropriation of Funds ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 11-091 C.S.  City Council Minutes Tuesday, July 19, 2011 Ordinances 4. First Reading - Amend the Contract Between CalPERS and the City of Monterey to Include Provisions Pursuant to Government Code 20516 "Cost Sharing" (Local Safety and Miscellaneous Plans), and Government Code Section 21118 "Partial Service Retirement" (Local Safety and Miscellaneous Plans) (Human Resources - 504-06) Action: Removed from Consent; discussed; passed Ordinance to print; adopted Resolution No. 11-092 C.S. (4-1; Selfridge voting no) Benefits Manager Maloney presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item, and having no requests to speak, closed public comments. Councilmember Downey voiced some concerns, but said that she would support the program since the employee groups support it. Councilmember Selfridge said that she does not support this program in concept. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed an Ordinance to print authorizing an amendment to the contract between CalPERS and the City of Monterey to include provisions pursuant to Government Code 20516 "Cost Sharing" (Local Safety and Miscellaneous Plans), and Government Code Section 21118 "Partial Service Retirement" (Local Safety and Miscellaneous Plans) and adopted Resolution of Intention No. 11-092 C.S.: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 5. Authorize 2011 Annual Edward Byrne Memorial Justice Assistance Grant (JAG) Application for $15,698 to Digitize Police Department Records on Microfilm (Police - 409-02) Action: Adopted Resolution No. 11-093 C.S. 6. Certify Compliance with State Law with Respect to Levying Assessments and Special Taxes (Finance - 407-08) Action: Adopted Resolution No. 11-094 C.S. 7. Authorize Administrative Correction of Salary Schedule for Park Operations Manager Classification (Human Resources - 701-13) Action: Adopted Resolution No. 11-095 C.S. 8. Amend the 2011-2012 Position Control List to Add Four Unfunded Police Officer Overfill Positions to the Police Department through June 30, 2012 (Police - 406-04) Action: Adopted Resolution No. 11-096 C.S. 9. Authorize Rent Credits to Tenant Olio Vintage Fun at 380 Alvarado Street. (Plans & Public Works - 704-10) Action: Adopted Resolution No. 11-097 C.S. 2  City Council Minutes Tuesday, July 19, 2011 10. Approve a Short-term Lease for Mohr Imported Cars Inc., at 1187 Del Monte Avenue. (Plans & Public Works - 704-10) Action: Adopted Resolution No. 11-098 C.S. 11. Authorize a New Lease with Finch Insurance and Financial Services at 380 Alvarado Street, Suite 201. (Plans & Public Works - 704-10) Action: Adopted Resolution No. 11-099 C.S. 12. Consider Monterey-Salinas Transit/Regional Taxi Authority Proposal for the Police Department to Provide Taxi Permitting and Inspection Services for Peninsula Based Taxi Cabs (Police - 607-10) Action: Removed from Consent; discussed; adopted Resolution No. 11-100 C.S. Deputy Police Chief Penko presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments, no one came forward, and he returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 11-100 C.S., approving the Monterey-Salinas Transit/ Regional Taxi Authority proposal for the Police Department to provide taxi permitting and inspection services for Peninsula based taxi cabs: 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 13. Approve Resolution of Intention to Modify the Monterey County Tourism Improvement District, Fixing the Time and Place of a Public Meeting and Public Hearing thereon, and giving Notice thereof. (Finance - 407-08) Action: Removed from Consent; discussed; adopted Resolution No. 11-101 C.S. Revenue Manager Erlandson presented the staff report and introduced John Reyes, President & CEO of the Monterey County Visitors Bureau, who answered questions. Mayor Della Sala opened public comment on the item and having no requests to speak, closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution of Intention No. 11-101 C.S. to modify the Monterey County Tourism Improvement District, fixing the time and place of a Public Meeting and Public Hearing thereon, and giving Notice thereof: 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 14. Authorize and Designate the City Manager, or Finance Director, or Grant Coordinator to Act on Behalf of the City for the Purpose of Obtaining Financial Disaster Assistance from FEMA and/or Cal EMA (Finance - 101-03) Action: Adopted Resolution No. 11-102 C.S. 3  City Council Minutes Tuesday, July 19, 2011 15. Adopt Amendments to the Memoranda of Understanding with the General Employees of Monterey (GEM), Management Employees’ Association (MEA), Monterey Firefighter Association (MFFA), Fire Management Association (FMA), Monterey Police Association (MPA), and Police Lieutenants’ Management Association (PLMA), and amending benefits for Regular Part Time Employees, the Assistant Fire Chief, the Deputy Police Chiefs, in order to provide an Early Retirement Incentive opportunity (Human Resources - 507-01) Action: Adopted Resolution No. 11-103 C.S. (4-0-1; Downey abstaining) 16. Uniform and Laundry Service Contract (Plans & Public Works - 405-04) Action: Adopted Resolution No. 11-104 C.S. 17. Approve Art Acquisition Fund Expenditure for Art Conservation as Recommended by the Colton Hall Museum and Cultural Arts Commission (Library - 406-04) Action: Adopted Resolution No. 11-105 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Tom Rowley thanked Council for the staff work on the recent Parking Charrettes. He stated that senior citizens do not like to park in parking garages and there are certain areas in the downtown that do not have convenient parking. He said that North Fremont Street is a major arterial and Council should revisit their policies on that area, as well as on mixed use and condo conversions. He said that Water Plus presented a proposal to buy out Cal Am to the Water Management District last night and their numbers do not make sense, especially their valuation of Cal Am. Joyce Stevens, Monterey Pine Forest Watch, presented the Council with a copy of their new book and gave a brief presentation on the Peninsula's pine forest. She supported establishing a Monterey Pine preserve. Susan Britton, First Night Monterey, asked Council to agendize a discussion in August of a partnership between the City and First Night. Rick Johnson, Executive Director of OMBA, introduced the Chairs of the Art in the Adobes Committee, and invited everyone to the event. Theresa Del Piero, Co-chair, spoke in agreement with the previous speaker. James Bryant, Co-chair, said that the information regarding the event is on their website. Richard Pagnello said that the School District is subject to the Brown Act and Councilmembers and the public could attend their public meetings rather than holding a discussion at the City Council meeting. He stated that MPUSD spends less than other districts because it receives less revenue, and the school districts have similar problems with state funding as the cities have been experiencing. He said that public education is one of the most important functions of government. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC HEARING 18. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report (Continued from July 5, 2011 Council meeting) (Plans & Public Works - 407- 08) Action: Received Engineer's report; held Public Hearing; tabulated protest votes; adopted Resolution No. 11-106 C.S. 4  City Council Minutes Tuesday, July 19, 2011 City Engineer Reeves presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the Hearing. City Clerk Gawf counted and recorded the vote, noting that 55% were in favor and 8% opposed, causing the assessment to pass. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-106 C.S., confirming the Alvarado Street Maintenance District 85-1 Area and Assessment proposed in Engineer's 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 19. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report (Continued from July 5, 2011 Council meeting) (Plans & Public Works - 407-08) Action: Received Engineer's report; held Public Hearing; adopted Resolution No. 11-107 C.S. City Engineer Reeves presented the report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the Hearing. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 11-107 C.S. confirming the Calle Principal Maintenance District 00-1 Area and Assessment proposed in Engineer's 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 PUBLIC APPEARANCE 20. Receive Report on the 2010 Census (Plans & Public Works - 201-01) Action: Received report Chief of Planning and Engineering Rerig introduced Luz M. Castillo of the U.S. Census Bureau, and she presented the report. Mayor Della Sala opened public comments on the item, and having no requests to speak, closed public comment. Mayor Della Sala called a recess at 5:30 p.m., and reconvened the meeting at 7:00 p.m. with all Councilmembers present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. James Bryant, Co-chair of Art in the Adobes with Councilmember Selfridge and Theresa Del Piero, described the new event and an upcoming fundraiser benefit. He urged people to check the website to obtain more information and tickets. Nelson Vega said that water is very critical to the area and if the regional desalination project is slowed, it will have a devastating effect on the Peninsula. He asked everyone to redouble their efforts on that project. Having no further 5  City Council Minutes Tuesday, July 19, 2011 requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 21. Amend Section 19-103 Schedule of Fees and Service Charges and Section 19-104 Development Project Fees: Public Hearing, Notice, Provision of Data - (Continued from June 21, 2011 Council meeting) (Plans & Public Works - 407-06) Action: Held Public Hearing; passed Ordinance to print; adopted Resolution No. 11-108 C.S. Chief of Planning and Engineering Rerig presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing. Nelson Vega said that some of the fees seem contradictory to bringing people to town or encouraging property improvement. With no further requests to speak, Mayor Della Sala closed the hearing. Councilmembers and the Mayor indicated their support of regular reviews of the fee schedule and these smaller incremental increases. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed an Ordinance to print, amending Section 19-103 Schedule of Fees and Service Charges and Section 19-104 Development Project Fees, and adopted Resolution No. 11-108 C.S. amending the fee 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 Mayor Della Sala adjourned the meeting to a meeting of the RDA. 22. Approve Strategy to Complete Eighteen Affordable Rental Housing Units in the Monterey Hotel Mixed-Use Project at 406 Alvarado Street (Plans & Public Works - 206-03) Action: Received report and approved recommended strategy to complete 18 affordable apartment units (4-1; Selfridge voting no) Property and Housing Manager Marvin presented the report. Chair Della Sala opened the floor for public comments. Nelson Vega clarified that if this plan goes forward the cost for 18 units would be almost $5,000,000. He suggested that this is not a good use of taxpayer money and the per-unit cost is too high. He suggested selling the units to the hotel developer. Having no further requests to speak, Chair Della Sala returned the discussion to the dais. Chair Della Sala agreed that these are expensive units, but noted that there were extenuating circumstances with this development, and the City of Monterey RDA entered into this project in order to prevent blight on the downtown. Director Downey explained that the City invested money to close the construction project when the original developer was unable to finish the project. Director Selfridge said that she would like to explore selling it to the hotel developers. Chair Della Sala said that matter would have to go to a vote of the people in order to zone the property as VAF. 6  City Council Minutes Tuesday, July 19, 2011 It was moved by Director Haferman, and seconded by Director Downey, who added with the approval of the motion maker that the RDA would seek the advice of a real estate attorney on a lease, to approve the strategy to complete eighteen affordable rental housing units in the Monterey Hotel mixed-use project at 406 Alvarado Street. The motion carried by the following vote: AYES: 4 DIRECTORS: Downey, Haferman, Sollecito, Della Sala NOES: 1 DIRECTORS: Selfridge ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The RDA Board of Directors adjourned back to the City Council meeting. OTHER BUSINESS 23. Approve Recommendations for Appointments to the Architectural Review Committee and Planning Commission (Information Resources - 701-06) Action: Reappointed Architectural Review Committee Members Paul E. Davis, Mike Dawson, and Scott McKenzie to a term ending June 30, 2013 (5-0); appointed Architectural Review Committee Member Jonathan Hill to a term ending June 30, 2013 (5- 0); reappointed Planning Commissioners Paul W. Davis, Luis Osorio, and David Stocker to a term ending June 30, 2013 (5-0); Reappointed Planning Commissioner Willard McCrone to a term ending June 30, 2013 (3-2; Sollecito; Della Sala voting no) Mayor Della Sala presented the Subcommittee recommendation on appointments to the Architectural Review Committee. On a motion by Mayor Della Sala, seconded by Councilmember Haferman, and carried by the following vote, the City Council reappointed ARC Members Paul E. Davis, Mike Dawson, and Scott McKenzie and appointed ARC Member Jonathan Hill to a term ending June 30, 2013: 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 presented the recommendations regarding the Planning Commission and opened public comments on the item. Uwe Grobecker disagreed with the Mayor's recommendation on the Planning Commission, saying that he would prefer to reappoint Mr. McCrone. Mike Dawson said that Willard McCrone is a good man and a smart man and he supported his reappointment. James Bryant supported reappointing Mr. McCrone in support of the Council's goal to encourage input from all. Having no further requests to speak, Mayor Della Sala closed public comments. It was moved by Mayor Della Sala, and seconded by Councilmember Sollecito, to reappoint Planning Commissioners Davis, Osorio, and Stocker and appoint Hansen Reed to the Planning Commission. Councilmember Downey said that she has seen Hansen Reed on the NIP and he is outstanding on that Committee and as a community volunteer, however she does not want to sit on a Council that reprimands someone for bringing up an uncomfortable topic, though she wishes he had not used 7  City Council Minutes Tuesday, July 19, 2011 the word, “fraud.” Ms. Downey said that Mr. McCrone should be reappointed at this time because of his effort and expertise on leases, and she cannot support Hansen at this time. Councilmember Selfridge said that she also appreciates Mr. Reed's contributions to the community. Councilmember Sollecito said that he supports Mr. Reed's appointment because of his specific areas of expertise. Councilmember Haferman said that four commissioners are eligible to be reappointed, and there is a history of reappointing those who request it. He stated that Mr. McCrone's input has been valuable and he will not support the motion. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Sollecito, Della Sala NOES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della asked for two separate motions for reappointments to the Planning Commission. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council reappointed Planning Commissioner McCrone to a term ending June 30, 2013: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Selfridge, seconded by Mayor Della Sala, and carried by the following vote, the City Council reappointed Commissioners Davis, Osorio and Stocker to the Planning Commission for a term ending June 30, 2013: 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 24. Request to Agendize Change in Policy Regarding the Monterey-Salinas Transit Maintenance Facility (Councilmember - 813-02) Action: Agendized (3-2; Sollecito, Della Sala voting no) Councilmember Downey explained her discomfort with the Council's previous position regarding the Monterey-Salinas Transit Maintenance Facility because MST did not converse with the City of Marina prior to their vote. She acknowledged that changing the location could jeopardize a $30 million loan. Mayor Della Sala opened public comment on the item, and having no requests to speak, closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Selfridge and carried by 8 City Council Minutes Tuesday, July 19, 2011 the following vote, the City Council agendized a discussion of the policy regarding the Monterey-Salinas Transit Maintenance Facility for August 16, 2011: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Sollecito said that he believes that MST and the Board of Supervisors should handle the matter. Councilmember Downey asked to agendize a discussion of the process for long term leases. Assistant City Manager Cohn said that the item is scheduled to come forward this fall, likely in September. Councilmember Downey said that there is another EIR for a desal plant in North Marina and she hopes people do not close their minds to that possibility. Councilmember Sollecito said that as a member of the Public Safety Committee on the National League of Cities he is fighting to retain the COPPS office because it is preventative in nature and provides funding. He supported the Art in the Adobes event, saying that he will be at the dinner with his wife. He moved that the Council agendize a discussion to consider First Night's request and Mayor Della Sala seconded the motion. Councilmember Downey asked to add reestablishing the Fourth of July activities. The Vice Mayor said that he and the Mayor would address these issues when setting the upcoming agendas. Councilmember Selfridge supported agendizing First Night and the Fourth of July activities. She thanked those who helped with the Azerbaijan visit. She said that she has attended the 7-11 meetings with the School District. Mayor Della Sala wished Councilmember Haferman Happy 47th Birthday. CITY MANAGER REPORTS There was no report. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:52 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9