Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 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, 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, Community Services Director, Police Chief, Human Resources Director, Deputy Police Chief, Housing & Property Manager, Principal Planner, General Services Superintendent, Principal Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. CONSENT ITEMS Councilmembers indicated that they had questions and comments on Items 2, 3, and 4 on the Consent Agenda. The City Manager recommended that Council continue Item 5.5 to a Special Meeting on November 2nd. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved Items 1 and 5 on the Consent Agenda: 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. October 18, 2011 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Ratification of Awards of Contracts to Wasson's Cleaning and Restoration, C&W Environmental Consulting, Inc., and Acosta Builders for Emergency Abatement, Testing and Repairs of Water Damage and Contamination to City Hall, 580 Pacific St. (Plans & Public Works - 903-06) Action: Removed from Consent; discussed; adopted Resolution No. 11-143 C.S. On question from Councilmember Downey, General Services Superintendent Helms explained that the warranty on the new HVAC system is back in effect and Assistant Public Works Director Uslar presented additional details.  City Council Minutes Tuesday, November 1, 2011 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 11-143 C.S., ratifying the awards of contracts to Wasson's Cleaning and Restoration, C&W Environmental Consulting, Inc., and Acosta Builders for emergency abatement, testing and repairs of water damage and contamination to City Hall, 580 Pacific St.: 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 Resolutions 3. Authorize the City Manager to Enter into a Contract for Animal Control Services with the City of Marina and the City of Seaside (Police - 704-05) Action: Removed from Consent; discussed; adopted Resolution No. 11-144 C.S. Councilmember Downey offered Kudos for working with neighboring cities to solve this problem. On question from Councilmember Haferman, Police Chief Shelby said that the Animal Control vehicle is being kept pending an evaluation of this contract. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 11-144 C.S., authorizing the City Manager to enter into a contract for Animal Control Services with the City of Marina and the City of Seaside: 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 4. Amend the 2011-2012 Position Control List Adding Two Junior Civil Engineer Positions to the Plans & Public Works Department through June 30, 2014 (Plans & Public Works - 501-04) Action: Removed from Consent; discussed; adopted Resolution No. 11-145 C.S. (4-1; Downey voting no) Principal Engineer McMinn presented the staff report. Councilmember Downey expressed concerns about adding employees after just laying off so many. She said that she does not want to hire anyone until the new retirement system takes effect, and she stated concerns regarding inclusion of benefits and that the positions might become long term. City Manager Meurer explained that staff is trying to be responsive and get these capital projects done as quickly as possible and as cheaply as possible. Ms. Downey said that she cannot support this item because she does not believe that the NIP backlog needs to be completed right away. Councilmember Sollecito said that these positions are also needed for CIP and Department of Defense projects. Councilmember Selfridge asked if the positions would remain Junior Engineers, and staff clarified that the positions would not change, but an incumbent might have an opportunity to promote into another position if it became vacant. 2  City Council Minutes Tuesday, November 1, 2011 Assistant City Manager Cohn explained that this action would save money because consultants would not be needed. Ms. Selfridge said that she prefers to hire at this level rather than use consultants. Mr. Uslar said that this would give young people an opportunity. Councilmember Haferman noted that the funding has already been approved for these projects, so there is no impact to the General Fund if these positions are added. City Manager Meurer explained that when staff is working on the capital improvement program, they charge their time to the appropriate fund. He said that if this is not approved the City would hire part time people, which would be less effective, or use a consultant, which would be more expensive. Ms. Downey disagreed and said that she has not heard compelling evidence to change her mind. Mayor Della Sala opened public comment on the item, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-145 C.S. amending the 2011- 2012 Position Control List adding two Junior Civil Engineer positions to the Plans & Public Works Department through June 30, 2014: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5. Adopt Resolution to Award Contract for Dredge Purchase (Public Facilities - 904-06) Action: Adopted Resolution No. 11-146 C.S. 5.5. Consideration of a Consent to Assignment of a Land Lease for City-Owned property at 570 Munras Avenue. (Plans and Public Works - 206-03) Action: Continued to November 2, 2011 at 4:30 p.m. Mayor Della Sala recommended that Council continue Item 5.5 to November 2 at 4:30 p.m. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued Item 5.5 to November 2, 2011 at 4:30 p.m. in the conference room at 735 Pacific Street: 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*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, no one came forward, and he closed public comments. 3  City Council Minutes Tuesday, November 1, 2011 PUBLIC APPEARANCE 6. Receive a Report and consider providing direction on Proposed Property Management Leasing Strategy (Plans & Public Works - 704-01) Action: Approved staff recommendation (3-2; Downey, Selfridge voting no) Housing and Property Manager Marvin presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Bill McCrone referenced the memo he sent, saying that those important principals need to guide the City's leasing strategy from this point forward. He said that public bidding is the only way to assure the highest and best price for the property. He said that could include anything from placing a for rent sign in the window to issuing a formal RFP, and making it public would create a market. Frank Donangelo, Cannery Row Company and Surfside Enterprises, said that appraisals are more useful for buying and selling property than for leasing it. He said that his company has been in the leasing business for 25 or 30 years, and they have never done an appraisal on a lease. He stressed the importance of valuing tenants, saying that it is important to maintain a good working relationship and avoid letting a building go dark. He said that the recommended process is cumbersome and could cause the loss of tenants. On question, he said that it is not likely that one would have numerous bidders for a lease Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Haferman noted that hearing the good information from members of the public was helpful in his decision making. It was moved by Councilmember Haferman, and seconded by Councilmember Sollecito, to receive a report and concur with the strategy as presented and to direct staff to report back to the Council with specific lease policy recommendations for Wharf No. 2 and Wharf No. 1 leasing after the identified baseline studies are completed. On question, Councilmember Haferman said that he is not including the thirteen points suggested by Mr. McCrone. Ms. Downey suggested adding Mr. McCrone's suggestions and giving the policy to a real estate professional for an analysis and recommendation. Mr. Haferman explained that he has faith in the work staff has done and their expertise, and he is confident in moving forward. Councilmember Sollecito said that he would like to keep this policy broad. He said that he has confidence in the staff and speakers, and his opinion is to move forward with the motion. Ms. Downey said she does not believe that the Council is qualified to make real estate decisions. Mayor Della Sala said that this is a good start and the leasing instrument will continue to evolve. He said that Mr. McCrone's letter would provide a good checklist, but should not be added to the overall strategy. Ms. Downey said that it is important to get the opinions in writing, specifically commercial real estate advice. Councilmember Selfridge said that the appraiser must understand the fishing industry, and Mr. Marvin said that staff recognizes that and is working on that issue. The motion carried by the following vote: 4  City Council Minutes Tuesday, November 1, 2011 AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Mayor Della Sala called a recess at 5:55 p.m. He reconvened the meeting at 7:00 p.m. and all Councilmembers were present. The Mayor noted that Item 7 from this afternoon would be heard first tonight, and both closed session items would be heard after this evening’s open session. ANNOUNCEMENTS FROM CLOSED SESSION There were no announcements, as the closed session was not held during the afternoon session. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Mike Dawson announced that the Art in the Adobes event won an award for a public-private partnership. He presented certificates from Supervisor Dave Potter and Monterey’s State legislators. He displayed the glass plaque that was awarded to the OMBA. Paul Bruno thanked the City for hosting the water forum last week. Nina Beatty clarified some points from the recently published cell phone study, saying that it is junk science. James Morgan, Monterey Furniture Restoration owner, reported that City staff has put the cross hatches on Ramona Avenue. He submitted pictures showing equipment vehicles parked on the street and asked for a "no overnight parking" area on the street. Having no further requests to speak, Mayor Della Sala closed public comments. 7. Award Street and Tunnel Lighting Replacement Project Contract ***CIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 11-147 C.S. Assistant Public Works Director Uslar introduced the item, explaining the importance of the lighting upgrade projects, and General Services Superintendent Helms presented the staff report. Mayor Della Sala opened public comments on the item and had no requests to speak. He returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 11-147 C.S., awarding the street and tunnel lighting replacement project contract: 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  City Council Minutes Tuesday, November 1, 2011 PUBLIC APPEARANCE 8. Pass Ordinance to Print to Ban the Use of Plastic Single-Use Carry-Out Bags and Prohibit the Free Distribution of Recycled Paper Bags by Retail Establishments (Negative Declaration Proposed) (Plans & Public Works - 802-07) Action: Certified the Negative Declaration and passed the Ordinance to print Assistant Public Works Director Uslar presented the staff report. He corrected the ordinance, saying that the reference to 2.25 millimeters should be 2.25 mils. The said that the last paragraph should say that the ordinance becomes effective in 180 days after passage, not 90 days. Principal Planner Cole reviewed the CEQA issues and findings, saying that the estimated reduction of CO2 would be from 208 tons to 77 tons. Mayor Della Sala opened the floor for public comments on the item. Amy David, Monterey Bay Aquarium, spoke in support of the Ordinance and encouraged Council to extend the ban to restaurants. Tammy Ohler, Pacific Grove resident, supported the ordinance, saying that it inspires her. Lauren Gilligan, Save our Shores, spoke in support of the Ordinance. Michael Wexer referenced an email that he sent and voiced concerns that other alternatives should be considered, such as a deposit or return fee, before banning something. He said that everything that we use today contributes to the increase of greenhouse gas and he is concerned about the direction things are going. Jazz Archeletta, Monterey Green Action, urged Council to make an intelligent decision on behalf of the bay. Sara Mae Nelson, Monterey resident, spoke in support of the ban. Robert Curry, Monterey resident, supported banning plastic bags. Simi Gazalli, Monterey Bay Aquarium, spoke in support of the ban. Noel Fraedis, Marina resident, supported the Ordinance. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Negative Declaration and passed the Ordinance to print to ban the use of plastic single-use carry-out bags and prohibit the free distribution of recycled paper bags by retail establishments, with the recommended changes outlined during the staff presentation and as noted by Councilmember Haferman: 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 9. Receive Report and Authorize Lease Amendment to the Ground Lease at 32 Cannery Row to accommodate expansion of the Monterey Bay Boatworks Company marina and and dock facilities consistent with Planning Commission approval of Use Permit Application 11-011 (Plans & Public Works - 704-09) Action: Adopted Resolution No. 11-148 C.S. (4-1; Downey voting no) 6 City Council Minutes Tuesday, November 1, 2011 Housing and Property Manager Marvin presented the staff report. Mayor Della Sala opened the floor to the applicant. Bart Bruno, Monterey Bay Boatworks General Partner, thanked the staff for expediting the process. He noted that his team would be seeking approval from the Coastal Commission, and they are under a tight timeframe due to the availability of the grant funding. Mayor Della Sala opened the floor to the general public. Steve Schuster said that he supports the expansion, but he will lose his mooring and he would like them to either work around the moorings or grant low cost dock space to those individuals. Lauren Gilligan, Save Our Shores, voiced concerns about the use of environmentally friendly materials for the expansion in addition to the existing docks. Mr. Bruno said that the old floatation units are being replaced and that will continue to happen. He said that the old units will be out in about a year. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On request, Assistant Public Works Director Uslar explained that the polystyrene ordinance only applies to take out food containers. He commended Mr. Bruno for being proactive. Harbormaster Scheiblauer said that the foam-filled tires are old technology which is being replaced. Councilmember Downey disclosed that she discussed this with the attorney working on the Trader Joe's lease. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to approve the expansion and agree to a six month lease and continue to work on the rest of the lease, asking real estate experts to assist the City. Mayor Della Sala said that would put the applicant at a disadvantage. Councilmember Downey said that passing the staff recommendation now would be piece-mealing the lease negotiation. Councilmember Sollecito said that this is a great project and the lease comes up in 2012. He said that he is ready to approve the staff recommendation. Councilmember Haferman voiced concerns that every lease that comes in front of Council is being challenged based on not going to an outside expert. He said that the motion creates too much uncertainty. Councilmember Selfridge said that she supports the project, but staff did not bring all the pieces together. Councilmember Sollecito said that he sees common sense in the staff process and recommendation. He said that staff is continually praised, and did not make a mistake on this issue. On question, Mr. Marvin reviewed the new terms in the lease for the expansion that provide a benefit to the public. He said that the only thing that is not a part of the amendment is the amount of the rent, which will be negotiated as scheduled in 2012. Councilmember Downey rescinded and withdrew her motion. 7  City Council Minutes Tuesday, November 1, 2011 On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-148 C.S., authorizing a lease amendment to the ground lease at 32 Cannery Row to accommodate expansion of the Monterey Bay Boatworks Company marina and dock facilities consistent with the Planning Commission approval of Use Permit Application 11-011: 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 9:15, then reconvened the meeting at 9:25 p.m. COUNCIL COMMENTS Councilmember Selfridge said there was a great turnout at Colton Hall for the artist from Azerbaijan, and she thanked the staff. She asked to agendize an item to change the policy from having one on call contractor to having three on call contractors to give the City the ability to choose the best qualified for each project. City Meurer said at this time the City selects the lowest bidder. Councilmember Haferman noticed that there might be a problem with the public speakers' chair having wheels and possibly rolling away. 10. Request to Agendize a Discussion on a Potential Hawthorne/Van Buren Road Connection (Sollecito - 803-12) Action: Agendized (3-1-1; Downey voting no, Selfridge abstaining) On question, City Manager Meurer explained the grade difference between Hawthorne and Van Buren Streets as well as the archeological district issues. He clarified that there might be an opportunity to connect Hawthorne with Artillery. Mayor Della Sala opened the floor for public comments on the item. Mike Dawson said that as President of AMAP he consults with the Army and Navy regarding historic projects. He said that the Lower Presidio is historic land and it is a highly sensitive area. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that his proposal would be to use existing roads and to improve traffic flow. He said that Council should at least look into it. Councilmember Haferman said he could support looking into it, but acknowledged that it would be a long and difficult process. Councilmember Downey said that it is foolish to waste staff time on this project. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council agendized a discussion to study potential Hawthorne/Van Buren, Hawthorne/Artillery Road Connection, or a connection that would go around the tunnel: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Selfridge RECUSED: 0 COUNCILMEMBERS: None 8 City Council Minutes Tuesday, November 1, 2011 CITY MANAGER REPORTS City Manager Meurer noted that the Army closed their High Street gate due to budget cuts, but now plan to reopen the gate during the morning rush to alleviate traffic. On the Mayor's request, Fire Chief Miller announced that the Carmel-by-the-Sea City Council voted 5-0 to support the fire contract with the City of Monterey. He thanked the Council for their support, as well as the Monterey and Carmel Firefighters' Associations. Assistant City Manager Cohn said that an item would come before the City Council to authorize the contract on November 15. Mayor Della Sala adjourned the meeting to a closed session at 9:54 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators for all employee associations, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. She announced that there was no reportable action regarding a public employee performance evaluation of the City Attorney. ADJOURNMENT The meeting adjourned at 11:16 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9