Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 4, 2011 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Assistant Director Present: Plans and Public Works, Chief of Planning, Engineering, and Environmental , Finance Director, Community Services Director, Police Chief, Building Official, Traffic Engineer, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:03 p.m. CONSENT ITEMS City Manager Meurer suggested Council hear a report on Item 4. Councilmembers Downey and Haferman stated they are abstaining from voting on the minutes for September 20th as they were not present at that meeting. Councilmember Downey sent kudos to City Engineer Reeves for a fantastic report on Neighborhood Improvement Program (NIP) projects and to anyone who donated or worked on the Library Trust Fund item. She also expressed a desire for the City's Enterprise Content Management (ECM) system in the future to be able to report statistics on contracts by type, listing CIP, NIP, and Presidio as 3 potential groupings. Mayor Della Sala stated he and Councilmember Selfridge interviewed 4 outstanding applicants for the Historic Preservation Commission vacancy and extended thanks to all the fine applicants who volunteered to be on this commission. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent agenda except for item 4 which was pulled for discussion and with Councilmembers Downey and Haferman abstaining from voting on Item 1: 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. September 20, 2011 (Information Resources - 701-09) Action: Approved (3-0-2; Downey and Haferman abstaining) Ordinances  City Council Minutes Tuesday, October 4, 2011 2. 2nd Reading - Amend Ordinance No. 3376 Establishing the Monterey County Tourism Improvement District and Changing the Use of Proceeds and the Assessment Amount (Finance - 407-08) Action: Adopted Ordinance 3467 C.S. (5-0) 3. 2nd Reading - Rezone Property at 316 Larkin Street from R-3-6 to R-3-6-H-2 (Plans & Public Works - 203-02) Action: Adopted Ordinance 3468 C.S. (5-0) Resolutions 4. Award Americans with Disability Act (ADA) Transition Plan Update Professional Services Contract ***CIP*** (Plans & Public Works - 405-04) Action: Pulled from consent agenda; discussed; adopted Resolution No. 11-136 C.S. (5- 0) Building Official Kuehl presented the agenda report, stating he is also the City's ADA Coordinator. Mr. Kuehl stressed that the plan is intended as a living document and will be used as a City planning tool. He noted that the plan is required by the Department of Justice and then provided Council with an overview of the bid process, plan objectives, funding, and how the City intends to solicit input on the plan and ADA compliance from the public and disabled individuals. The presentation concluded with Mr. Kuehl and Arfarz Khambatta from Swanson Architects, Inc. responding to Council questions On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the staff recommendation adopting Resolution No. 11-136 C.S. and awarding the Americans with Disability Act (ADA) Transition Plan Update Professional Services Contract ***CIP*** to Sally Swanson Architects, Inc.: 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 5. Award Legal and Display Advertising Contract (Information Resources - 701-08) Action: Adopted Resolution No. 11-137 C.S. (5-0) 6. Authorize Appropriation of Funds and Approve Request for Use of City Property, Services and Street Closure for First Night Monterey Event on Saturday, December 31, 2011 (Recreation & Community Services - 302-02) Action: Adopted Resolution No. 11-138 C.S. (5-0) 7. Authorize the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for the Presidio of Monterey Base Operations and Maintenance Contract ***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 11-139 C.S. (5-0) 8. Amend Reso 11-118 to Add Encina/Casa Verde Traffic Calming Project to FY 2011/2012 Neighborhood Improvement Program (NIP) (Plans & Public Works - 406-03) 2  City Council Minutes Tuesday, October 4, 2011 Action: Adopted Resolution No. 11-140 C.S. (5-0) 9. Appropriate Grant and Donation Funds in the Library Trust Fund (Library - 409-03) Action: Adopted Resolution No. 11-141 C.S. (5-0) 10. Authorize the City Manager to Enter into the California Highway Patrol Radio Communications Interoperability Agreement on Behalf of the City of Monterey (Police - 704-05) Action: Adopted Resolution No. 11-142 C.S. (5-0) Other 11. Appointment to the Historic Preservation Commission (Information Resources - 701-06) Action: Appointed Daniel Fletcher to Historic Preservation Commission with a term ending December 31, 2012 (5-0) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda and seeing no requests to speak closed public comment. ***Adjourn to Closed Session*** Mayor Della Sala adjourned the meeting to closed session at 4:18 p.m. and recessed at 5:20 p.m. Mayor Della Sala reconvened the meeting in open session at 7:00 p.m. with all Councilmembers present. ANNOUNCEMENTS FROM CLOSED SESSION Senior Assistant City Clerk Raynor announced that the City Council received the City Attorney's Mid Year Litigation report in a conference with legal Counsel regarding various existing litigation cases and one potential litigation case. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comment on items not on the agenda. Architectural Review Committee (ARC) Member Hill stated he is running for a position on the Monterey Peninsula Unified School District Board and if elected plans to remain on the ARC. Nayer Agha asked the Council to include the Moss Landing Water Desalination Project in the upcoming water forum. Robert Kincaid, a resident on Alvarado, expressed an overall dissatisfaction with the cleanliness of that street, stating he has voluntarily cleaned one side of the street for several days. Seeing no requests to speak Mayor Della Sala closed public comment and asked City Manager Meurer to respond to the last 2 comments. Mr. Meurer noted that the water forum will be October 26th from 7:00 to 11:00 p.m. at the Conference Center and provided an overview on the forum and tentative agenda, stating that the Council can include Mr. Agha's project on the agenda if Council so desires. In reference to the cleanliness of Alvarado, Mr. Meurer stated that it is the property owners' responsibility to clean up the sidewalks. He added that there is an 3  City Council Minutes Tuesday, October 4, 2011 assessment district along Alvarado and Calle Principal to which owners contribute and annually decide how much maintenance to support and how often it is performed. In reference to the desalination project comment, Councilmember Downey expressed a desire to talk about governance as well and stated she is not against including Mr. Agha's project. She asked the public to view an upcoming meeting with Monterey County Supervisor Calcagno on recycled and replenishment water. Councilmember Downey suggested use of a facilitator during the water forum. Mayor Della Sala stated he and Vice Mayor Haferman will discuss which projects to include in the forum and then finalize that agenda. PUBLIC APPEARANCE 12. Receive Report on 2011 4th of July Lawn Party, 2012 4th of July Planning and Conceptually Approve Parks and Recreation Commission Recommendation for Community-sponsored 4th of July Parade in Downtown Monterey (Recreation & Community Services - 302-05) Action: Received reports; approved Concept for a Community Sponsored 4th of July Parade Community Services and Library Director Bui-Burton presented the agenda report, providing the Council with statistics from the 2011 lawn party and planning for the 2012 lawn party. She noted that the reasons fireworks were not budgeted for the last 2 years remain valid for 2012, citing costs, public safety, less support staff, and impacts to neighborhoods and the beach. Director Bui-Burton stressed that although the City cannot afford to sponsor a parade, that there is still a community desire for a parade. She cited examples of nearby community sponsored parades and stated staff recommends Council conceptually support the Parks and Recreation Commission's (PRC) recommendation for a community sponsored 4th of July parade. Director Bui-Burton noted that PRC Vice Chair Marotta and Commissioner Federico have volunteered to work with community members. Mayor Della Sala opened public comment on this item. Uwe Grobecker suggest DLI and NPS be invited to play a large part and asked why there are less police volunteers. In response Police Chief Shelby stated that his department has seen a reduction in volunteers, but will continue to encourage the public to volunteer. City Manager Meurer added that the risk of public safety still outweighs the benefit of City sponsored fireworks. Seeing no requests to speak Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council received the reports on the 2011 4th of July Lawn Party and 2012 4th of July Planning and Conceptually Approved the Parks and Recreation Commission Recommendation for a Community-sponsored 4th of July Parade in Downtown Monterey: 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 said a community sponsored event would make the parade event better than it was in the past. Councilmember Selfridge stated that if the will is there the group will succeed and suggested use of seed money to get the group started. Councilmember Downey volunteered to work on the parade. COUNCIL COMMENTS Councilmember Sollecito stated that Monterey Salinas Transit is investigating whether there is 4 City Council Minutes Tuesday, October 4, 2011 sufficient demand for late evening bus service in downtown Monterey for service staff that gets off work after 11:30 p.m. He asked the Council to agendize a discussion of including a supplement to the Lighthouse Plan, revisiting the Hawthorne bypass idea in regards to Lower Presidio and Van Buren. Councilmember Downey stated she liked the Hawthorne idea. In regards to the Conference Center preferred alternative, she said use of phases may be a better idea and asked questions about the Steinbeck forum. Councilmember Downey suggested moving Council Comments to the beginning of Council meetings. In response to her questions about the Kiosk approved at the last Council meeting, staff answered that it must also go to the Coastal Commission for approval. Councilmember Downey sent kudos to Tom Reeves for his wonderful article in the City Focus about keeping the bay clean. Councilmember Downey closed by giving an update on recent events she attended, including the Yacht club races, Waste Management 60th Anniversary Open House, Fire Department Open House, Art in the Adobes, and an Administrative Appeals Board Hearing thanking all for their efforts. Councilmember Selfridge thanked Fire Department staff for an enjoyable open house. She stated there are many water meetings coming up and urged the public to attend them, stressing this is one of the most important things to happen in our community in a long time. Councilmember Selfridge stated Councilmembers did not sign a statement of confidentiality as local mayors did in regards to settlement discussions with California American Water. Councilmember Selfridge closed by thanking staff for preparing downtown for Art in the Adobes. In response to the Mayor's question about the Steinbeck forum Director Bui-Burton stated event sponsors were asked and they indicated that the Steinbeck forum was not a deciding factor in choosing or not choosing the Conference Center for their events. In reference to the statement of confidentiality, Mayor Della Sala stated he signed one along with the other mayors because he is representing the City and needs to be able to participate in discussions in order to secure a water supply for the community. Mayor Della Sala closed by stating several new businesses opened on Alvarado and hopes that there are more to come. CITY MANAGER REPORTS City Manager Meurer reminded the public that there will be water forum at the Conference Center on October 26th at 7:00 to 11:00 p.m. ADJOURNMENT Major Della Sala adjourned the meeting at 8:02 p.m. Respectfully Submitted, Approved, Catherine Raynor Chuck Della Sala Senior Assistant City Clerk Mayor 5