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Council Regular Meeting

Regular Meeting

Monterey, CA · August 16, 2011

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 16, 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, Assistant City Manager, Director of Information Present: Resources/City Clerk, City Attorney, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental Compliance, Finance Director, Community Services Director, Police Chief, Housing & Property Manager, City Engineer, Principal Engineer, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Recognition given Mayor Della Sala presented a Proclamation honoring Lance Corporal Stephanie M. Blackwell and she made brief comments. CONSENT ITEMS City Manager Meurer said that a member of the public has requested removal of Items 5 and 9 from Consent, and he recommended tabling Item 6. Councilmember Selfridge asked to remove Item 11 for discussion and registered a no vote on Item 4. Councilmember Downey asked to clarify the motions made in reference to Item 10 on the August 2, 2011 Minutes by changing the word "accepted" to "received," and Councilmember Haferman recused himself from voting on Item 3. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, except Item 4 on which Councilmember Selfridge voted no, and Item 3, from which Councilmember Haferman abstained, the City Council approved the Consent Agenda, amending Item 3 as requested by Councilmember Downey, and excepting Items 5, 6, 9 and 11, which were removed for a separate 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 City Council Minutes Tuesday, August 16, 2011 Approval of Minutes 2. July 27, 2011 (Information Resources - 701-09) Action: Approved 3. August 2, 2011 (Information Resources - 701-09) Action: Amended and approved (4-0-1; Haferman abstained) Ordinances 4. Second Reading - Adopt Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement System (IR - 701-11) Action: Adopted Ordinance No. 3463 (4-1; Selfridge voting no) 5. First Reading - Adopt an Ordinance to Ban Medical Marijuana Dispensaries in Monterey in All Zones (City Attorney - 701-11) Action: Removed from Consent; received public comment; discussed; passed Ordinance to print (3-2; Haferman, Sollecito voting no) Mayor Della Sala opened public comments on the item. Sharon Dwight voiced disappointment that the City Council is taking the easy way out on this matter after the voters have voted in favor of this issue. She asked Council to find a legal way to allow a dispensary. Tom Mancini, Sun Street Centers Prevention Coordinator, outlined documented problems associated with marijuana dispensaries and noted that other Peninsula cities have banned them. He asked to amend the ordinance to say "no use permits" and supported its passage. Mayor Della Sala closed public comment on the item. Councilmember Haferman noted that there was a healthy debate about this issue on July 27 at a special meeting. On a motion by Mayor Della Sala, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed an Ordinance to Ban Medical Marijuana Dispensaries in Monterey in All Zones to print: AYES: 3 COUNCILMEMBERS: Downey, Selfridge, Della Sala NOES: 2 COUNCILMEMBERS: Haferman, Sollecito ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. First Reading - Adopt Ordinance of the City Council of the City of Monterey Enacted pursuant to Health and Safety Code Section 34193 to Elect and Implement Participation by the City of Monterey and the Redevelopment Agency of the City of Monterey in the Alternative Voluntary Redevelopment Program Pursuant to Part 1.9 of the California Community Redevelopment Law (Plans & Public Works - 701-11) Action: Tabled On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council tabled the ordinance: 2 City Council Minutes Tuesday, August 16, 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 7. Second Reading - Amend Chapter 30, Article 4, of M.C.C to Restructure the Sanitary Sewer Rates and Connection Fees (Plans & Public Works - 802-06) Action: Adopted Ordinance No. 3464 Resolutions 8. Accept Water Saving Landscape Grant Funds from California-American Water Company and Appropriate Funds (Plans & Public Works - 409-05) Action: Adopted Resolution No. 11-114 C.S. 9. Authorize the Appropriation of Funds to Prepare Background Traffic Data for Updating the City's General Plan Circulation Element (Plans & Public Works - 203-07) Action: Removed from Consent; received public comment; adopted Resolution No. 11- 115 C.S. (4-1; Selfridge voting no) Senior Planner Caraker presented the staff report, and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Sharon Dwight said that she participated in the charettes and voiced concerns that citizens are not aware of some of the solutions being proposed. Having no further requests to speak, the Mayor returned the discussion to the dais. City Manager Meurer said that the traffic studies are necessary in order to collect the data and make the appropriate decisions. Councilmember Selfridge said that with the current layoffs, she cannot support this recommendation to hire consultants. City Manager Meurer explained rationale for hiring consultants under certain circumstances. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 11-115 C.S., authorizing the appropriation of funds to prepare background traffic data for updating the City's General Plan Circulation Element: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Approve Museum Trust Fund Expenditure for Memorial Bench as Recommended by the Colton Hall Museum and Cultural Arts Commission (Library - 406-04) Action: Adopted Resolution No. 11-116 C.S. 11. On-Call Architectural Design Professional Services Contract 2011-2012 ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 11-117 C.S. Principal Engineer McMinn presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Sharon Dwight said that it seems odd that all of the firms that bid on a project are not listed in the staff report. She 3 City Council Minutes Tuesday, August 16, 2011 supported allowing bids on large projects, and City Manager clarified the current process. Mayor Della Sala closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-117 C.S., approving the On- Call Architectural Design Professional Services Contract 2011-2012: 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*** Council adjourned to a meeting of the Redevelopment Agency. 12. Receive a Report and Adopt Resolution Approving the Enforceable Obligation Payment Schedule Pursuant to Part 1.8 of the California Community Redevelopment Law (Plans & Public Works - 406-05) Action: Removed from Consent; adopted amended RDA Resolution No. 856 Finance Director Rhoads presented the staff report, noting that there was an amended Resolution placed at the dais this afternoon. Mayor Della Sala opened the floor for public comments, and having no requests to speak, closed public comments. On a motion by District Member Haferman, seconded by District Member Downey, and carried by the following vote, the Redevelopment Agency adopted the amended RDA Resolution No. 856, under duress, approving the Enforceable Obligation Payment Schedule pursuant to Part 1.8 of the California Community Redevelopment Law: 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 The Redevelopment Agency Board adjourned back to the City Council meeting. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments, and having no requests to speak, closed public comments. PUBLIC HEARING 13. Hold a Public Hearing to accept comments on the Proposed Modification of the MCTID and the Levy of Assessments. (Finance - 407-08) Action: Received report; held Public Hearing; discussed Mayor Della Sala recused himself from hearing this item, handed the gavel to Vice Mayor Haferman, and left the Chamber. 4 City Council Minutes Tuesday, August 16, 2011 Finance Director Rhoads presented the staff report. John Reyes, President of the Monterey County Convention and Visitors Bureau introduced John Lambeth of Civitas, who described the procedure for notification and protest and weighted votes. Mr. Reyes clarified that over two hundred notices were sent out. Mr. Lambeth said that an assessment notice was sent to all hotel property owners. Vice Mayor Haferman opened the floor for public comments. John Reyes, President of the Monterey County Convention and Visitors Bureau gave a brief presentation regarding the need to position Monterey County as a lead destination for tourists and businesses. He supported moving forward with this item. René Boskoff, General Manager of the Monterey Marriott, voiced support for the increase to help support business. Randy Venard, General Manager of the Inns of Monterey, said that his business needs both group and leisure customers, and he supported the proposed modification. Janine Chicourrat, Portola Hotel General Manager and Monterey County Hospitality Association, said that occupancy is low and growing at a very slow rate. She supported the proposal. John Turner, General Manager of Intercontinental Hotel The Clement Monterey, agreed with the previous speakers and asked for Council's support. Joy Anderson, Mariposa Inn and Monterey Peninsula Chamber of Commerce, spoke in support of the proposed modification of the MCTID. Having no further requests to speak, Vice Mayor Haferman closed the hearing. Council adjourned to closed session at 5:14 p.m., where Mayor Della Sala returned to his seat at the dais. Council recessed at 5:55 p.m., and Mayor Della Sala reconvened the meeting at 7:00 p.m. All Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council received the City Attorney's Year End Litigation report in a conference with legal Counsel regarding various existing litigation cases and one potential litigation case and gave confidential direction to their Counsel on a unanimous roll call vote regarding existing litigation, City of Monterey v. Rina. On a unanimous roll call vote, the Council tabled the remainder of the items to be heard at a later meeting. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments. John Nellman said that he has previously addressed the Council regarding the use of Roundup weed killer on public grounds, and again voiced concerns about that matter. He asked what is behind the Mayor’s confidentiality agreement on the desalinization plant. He asked Council to consult with Water Plus Monterey regarding water alternatives. Ken Peterson, Monterey resident and Monterey Bay Aquarium representative, suggested a "lip dub" video, such as the one completed by Grand Rapids to promote the area. Nelson Vega reported that the Water Management District tabled the issue of buying out Cal Am, with the urging of the public. He said that there are many major hotels on the verge of going out of business in California, and he urged Council to work on the water issue. James Morgan, Monterey Furniture Restoration, voiced concerns regarding parking on Ramona Street. He submitted photographs and asked that the situation be addressed. Having no further requests to speak, Mayor Della Sala closed public comments. 5 City Council Minutes Tuesday, August 16, 2011 PUBLIC APPEARANCE 14. Receive Report and Consider Providing Direction on Lease Terms for Tideland Adjacent to 300 Cannery Row (Plans & Public Works - 704-09) Action: Received report and directed staff to accept the recommended terms for a new tidelands ground lease adjacent to 300 Cannery Row Property and Housing Manager Marvin presented the staff report. Mayor Della Sala opened the floor to Ernest Lostrom, who said that he appreciates having the opportunity to review this proposal from a neutral position. He reviewed the legal definition of 'fair market value' as it relates to negotiations and answered Councilmembers’ questions. Mayor Della Sala opened the floor to the Lessee. Mr. Lombardo said that his client has negotiated in good faith with the City and the proposal represents fair market value for the property. Mayor Della Sala opened the floor to members of the general public, and having no further requests to speak returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the staff recommendation regarding the lease terms for Tideland adjacent to 300 Cannery Row: 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 15. Consider Funding Request from First Night Monterey for New Year's Eve Art Celebration on Saturday, December 31, 2011 (Recreation & Community Services - 302-02) Action: Approved in-kind funding for First Night Monterey for New Year's Eve Art Celebration on Saturday, December 31, 2011, not to exceed $16,000 Community Services and Library Director Bui-Burton presented the staff report. Mayor Della Sala opened the floor to the First Night Executive Director, Ellen Martin. Ms. Martin said that her organization has worked very hard to tighten their venues to have the least impact on City Services. She asked Council to allocate $20,000 of in-kind services to First Night. Mayor Della Sala opened the floor to the general public. Matt Bosworth, Treasurer for First Night Monterey, said that they very much appreciate and depend on the City's support. He said that the program brings people to town and raises revenue, and asked Council to approve funding for this year's event. Andrew Gilhooley, Performing Arts Chair, spoke in support of funding First Night Monterey. Susan Briton, First Night Monterey, asked for Council's support of this year's event. Tom Lawson, musician spoke in support of funding First Night. Ken Peterson, Monterey resident, spoke in support of First Night, stressing the importance of the City's funding. Jessie DiCarlo, musician, spoke in support of funding First Night. Paulette Lynch, Monterey Resident, spoke in support of First Night. Ed Crankshaw, First Night Monterey Volunteer, asked Council to continue supporting the event. Annette Alcoser spoke in support of funding First Night. Alf Cooper spoke in support of First Night Monterey. 6 City Council Minutes Tuesday, August 16, 2011 Dan Albert, Monterey citizen, said that the City has a soul that rests with the events sponsored and he supported funding this year's event. Richard Ruccello said that the economy is horrible and there have been many cuts to the City budget. He said that the priority is City programs. Having no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to approve in-kind funding for First Night Monterey for New Year's Eve Art Celebration on Saturday, December 31, 2011, not to exceed $16,000. Councilmember Haferman acknowledged Mr. Ruccello's point regarding the economy and recent cuts to City services. Mayor Della Sala suggested that this model might be followed for the Fourth of July and other activities. Councilmember Selfridge thanked First Night. 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 16. Approve Revisions and Extension to Monterey City Disposal Service Solid Waste, Recycling and Street Sweeping Franchise Agreement (Plans & Public Works - 802-06) Action: Passed an Ordinance to print amending and extending the Monterey City Disposal Service franchise agreement Assistant Public Works Director Uslar presented the staff report. Mayor Della Sala opened the floor for public comment on the item. Sharon Dwight asked if the street sweepers will be sold as part of this contract and if the employee has been laid off. She voiced concerns about containers for yard debris, and asked how often the streets would be swept and what is being saved by this arrangement. Gary Parola, Monterey Disposal, said that there will be two street sweepers, one will be purchased from the City, and they will hire the City’s employee. He reviewed Monterey Disposal's relationship with the City of Monterey. William Merry, General Manager Monterey Regional Waste Management District, said that Monterey Disposal provides exceptional service. He encouraged the City to work together to utilize the facilities that are already in place. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Mayor Della Sala, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed to print an ordinance amending an extension to the Monterey City Disposal Service Solid Waste, Recycling and Street Sweeping Franchise Agreement: 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 9:27 p.m., then reconvened the meeting at 9:40 p.m. 7 City Council Minutes Tuesday, August 16, 2011 17. Adopt FY 2011/2012 Neighborhood Improvement Program (NIP) and Capital Improvement Program (CIP) (Plans & Public Works - 505-05) Action: Adopted Resolution No. 11-118 C.S. approving the NIP Budget for FY 2011/2012, except putting Project 19 on hold until September 6; and Resolution No. 11-119 C.S. approving the CIP Budget for FY 2011/2012 City Engineer Reeves presented the staff report. Mayor Della Sala opened the floor for public comment. Rick Heuer, NIP Spokesperson, explained that NIP is not General Fund money, rather a specific dedicated fund. He said that the health safety criteria are artificial, are a matter of degree, and are best considered at the Committee level. He disagreed with the staff recommendation regarding setting aside five projects based on those criteria. He supported moving forward with all projects. Marilee Allee, Del Monte Grove-Laguna Grande neighborhood spoke in support of the proposed neighborhood entry signs, saying that the neighborhood is a cut-through. Richard Ruccello, NIP representative, reminded Council that the NIP helped build Jack's Park. He reviewed several of the proposed projects and urged Council to approve the list. Sharon Dwight reviewed some of the projects and urged Council to adopt them. Having no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Selfridge, and seconded by Councilmember Haferman, to adopt the FY 2011/2012 Neighborhood Improvement and Capital Improvement Programs: Councilmember Sollecito and Councilmember Downey voiced concerns regarding Project 19, Encina/Casa Verde Traffic Calming. City Engineer Reeves explained that there is already an on-hold project to improve this intersection funded at just under $300,000. Councilmember Sollecito said that he would support the motion if Project 19 were removed from the list. Councilmember Selfridge amended her motion to put Project 19 on hold until September 6 and approve all other projects on the NIP list, and the seconder agreed. 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 18. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Royal Seafood. (Plans & Public Works - 704-10) Action: Received status report; waived the fees for Royal Seafood at year end 2011, conditioned upon all up-coming payments made on schedule Councilmember Selfridge disclosed that she has known Gino since he was eight years old. Administrative Analyst Rashkin presented the staff report, explaining that the past due amount is paid in full, and that a waiver of the late fee is requested by the applicant. He gave a brief history, explaining that Royal Seafood is unique because it operates as an offloading station that also does ice manufacturing, cold storage, live storage, fish processing, wholesale & retail sales. Mr. Rashkin said that Royal Seafood’s also serves as the home base for the San 8 City Council Minutes Tuesday, August 16, 2011 Giovanni, one of the last remaining Trawl boats based out of Monterey. Mr. Rashkin summarized, saying that Royal Seafood’s is a “Water Dependent Use,” and the primary purpose of commercial piers is to serve Water Dependent Uses. He stated that commercial fishing is part of the heritage and character of Monterey. Mayor Della Sala opened the item for public comment. Mr. Pennisi thanked the Council and staff for everything they have done over the years. On question, Harbormaster Scheiblauer explained the work that staff is doing to support and invigorate the area’s fishing industry. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmembers discussed the issue of value and fair market rent for the space. On question, Harbormaster Scheiblauer said that he would not want to lose the City’s last remaining bottom trawl vessel, and if the space were opened up to an RFP process, the outcome would be unpredictable as to whether that would remain. He said that bottom trawling is one of three legs required to maintain the City’s fishing infrastructure: a large volume of ground fish caught through bottom trawling, wet fish, and hook and line fishing. City Manager Meurer explained that while the highest and best use for the spaces occupied by Royal Seafood and Gino’s Seafood might be different than what is there now, the current occupants offer a unique use that has historically been supported by the City of Monterey. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council waived the fees for Royal Seafood at year end 2011, conditioned upon all up-coming payments made on 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 19. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Gino’s Seafood. (Plans & Public Works - 704-10) Action: Received status report; and waived the late fees at year end 2011, conditioned upon all upcoming payments made on schedule for Gino’s Seafood Administrative Analyst Rashkin presented the staff report, saying that Gino’s Seafood has a direct historic tie to the City’s fishing industry and support of that industry is a General Plan policy. He explained that the business has secured unloading contracts for 2011 with guaranteed payments in an amount sufficient to cover the base rent. Mayor Della Sala opened public comments on the item, and having no requests to speak, closed public comments. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council waived the late fees at year end 2011, conditioned upon all upcoming payments made on schedule for Gino’s Seafood: 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 Councilmember Downey clarified that, while she supports this and the previous motion, these businesses should not necessarily expect these types of waivers in the future. 9 City Council Minutes Tuesday, August 16, 2011 OTHER BUSINESS 20. Change in Policy Regarding the Monterey-Salinas Transit Maintenance Facility - Councilmember Downey requests this item be continued to the September 6, 2011 Council Meeting (Downey - 706-04) Action: Continued to September 6, 2011 Councilmember Downey asked to continue this item. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the item to September 6, 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 COUNCIL COMMENTS Councilmember Downey thanked the City for the Hartnell Gulch walkway. She reminded people to participate in Rideshare and gave a brief report on the visiting Pacific Islanders and their eco- friendly boats. She requested a copy of report from Richard Ruccello from last meeting. Councilmember Selfridge asked how many people took advantage of the retirement incentive, and staff said there was a positive response. She also reported on the Pacific Voyagers that have traveled from New Zealand. She suggested talking about the confidentiality agreement at a future meeting, and Councilmember Downey agreed. Councilmember Haferman said that he attended the Bronco World Series and it was a great event. Mayor Della Sala agreed. CITY MANAGER REPORTS City Manager Meurer noted that the Council has received a report on the proposed Conference Center expansion and that issue would be discussed at an upcoming Special Meeting next week. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:28 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 10

Agenda

City Council City Council Agenda Chuck Della Sala, Mayor Regular Meeting Libby Downey, Councilmember Jeff Haferman, Councilmember Monterey City Council Nancy Selfridge, Councilmember Tuesday, August 16, 2011 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m. Fred Meurer Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-17) CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 2. July 27, 2011 (Information Resources - 701-09) 3. August 2, 2011 (Information Resources - 701-09) Ordinances ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two readings at separate Council meetings, is "passed to print" for legal advertisement when introduced, and is "passed and adopted" when given final approval. 4. Second Reading - Adopt Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement System (IR - 701-11) 5. First Reading - Adopt an Ordinance to Ban Medical Marijuana Dispensaries in Monterey in All Zones (City Attorney - 701-11) 6. First Reading - Adopt Ordinance of the City Council of the City of Monterey Enacted pursuant to Health and Safety Code Section 34193 to Elect and Implement Participation by the City of Monterey and the Redevelopment Agency of the City of Monterey in the Alternative Voluntary Redevelopment Program Pursuant to Part 1.9 of the California Community Redevelopment Law (Plans & Public Works - 701-11) 7. Second Reading - Amend Chapter 30, Article 4, of M.C.C to Restructure the Sanitary Sewer Rates and Connection Fees (Plans & Public Works - 802-06) Tuesday, August 16, 2011 Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 8. Accept Water Saving Landscape Grant Funds from California-American Water Company and Appropriate Funds (Plans & Public Works - 409-05) 9. Authorize the Appropriation of Funds to Prepare Background Traffic Data for Updating the City's General Plan Circulation Element (Plans & Public Works - 203-07) 10. Approve Museum Trust Fund Expenditure for Memorial Bench as Recommended by the Colton Hall Museum and Cultural Arts Commission (Library - 406-04) 11. On-Call Architectural Design Professional Services Contract 2011-2012 ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) ***End of Consent Agenda*** Adjourn to Redevelopment Agency Meeting - Consent Agenda 12. Receive a Report and Adopt Resolution Approving the Enforceable Obligation Payment Schedule Pursuant to Part 1.8 of the California Community Redevelopment Law (Plans & Public Works - 406-05) Adjourn to City Council Meeting PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 13. Hold a Public Hearing to accept comments on the Proposed Modification of the MCTID and the Levy of Assessments. (Finance - 407-08) ***Adjourn to Closed Session (See additional agenda)*** RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 2 Tuesday, August 16, 2011 CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 14. Receive Report and Consider Providing Direction on Lease Terms for Tideland Adjacent to 300 Cannery Row (Plans & Public Works - 704-09) 15. Consider Funding Request from First Night Monterey for New Year's Eve Art Celebration on Saturday, December 31, 2011 (Recreation & Community Services - 302-02) 16. Approve Revisions and Extension to Monterey City Disposal Service Solid Waste, Recycling and Street Sweeping Franchise Agreement (Plans & Public Works - 802-06) 17. Adopt FY 2011/2012 Neighborhood Improvement Program (NIP) and Capital Improvement Program (CIP) (Plans & Public Works - 505-05) 18. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Royal Seafood. (Plans & Public Works - 704-10) 19. Consider a Report and Provide Direction on Items Related to a Concession on Municipal Wharf 2, Gino’s Seafood. (Plans & Public Works - 704-10) OTHER BUSINESS 20. Change in Policy Regarding the Monterey-Salinas Transit Maintenance Facility - Councilmember Downey requests this item be continued to the September 6, 2011 Council Meeting (Downey - 706-04) COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT 3 Tuesday, August 16, 2011 Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. UPCOMING MEETINGS AT CITY HALL Aug 17 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Aug 18 PRC Meeting Cancellation Notice, Council Chamber - 7:00 PM Aug 23 Planning Commission Meeting, Council Chamber - 4:00 pm Aug 24 Library Board Meeting, Library Community Room - 5:30 PM Aug 24 Council Study Session, Council Chamber - 4:00 PM Aug 25 Zoning Administrator Meeting, Council Chamber - 4:00 pm Aug 25 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Sep 5 City Holiday, City Offices Closed - 8:00 AM Sep 6 Council Regular Meeting, Council Chamber - 4:00 PM Sep 7 Architectural Review Committee Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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