Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 17, 2012 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, Interim City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Finance Director, Fire Chief, Human Resources Director, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental Compliance, Deputy Police Chief, Housing & Property Manager, City Engineer, Senior Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda as presented: 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. January 3, 2012 (Information Resources - 701-09) Action: Approved Resolutions 2. Authorization to Purchase a Replacement "Paint and Stencil Truck" for the Maintenance Division (Plans & Public Works - 812-02) Action: Adopted Resolution No. 12-011 C.S. 3. Appropriate Funds from the 2011-12 Monterey Bay Unified Air Pollution Control District AB 2766 Grant to Prepare a Feasibility Study for the Interim Bus Rapid Transit Project on Del Monte Avenue (Plans & Public Works - 409-02) Action: Adopted Resolution No. 12-012 C.S. 4. Adopt Resolution Granting the El Estero Boating Concession a Five-Year Option with Rent Increases Pursuant to the Lease (Plans & Public Works - 704-10) Action: Adopted Resolution No. 12-013 C.S.  City Council Minutes Tuesday, January 17, 2012 Other 5. Approve Alta Mesa Alternate to Neighborhood Improvement Program Committee for Calendar Year 2012 (Plans & Public Works - 701-04) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, and with no requests to speak, closed the floor. PUBLIC APPEARANCE 6. Guidance Concerning 2012 Neighborhood Improvement Program (NIP) Objectives ***NIP*** (Plans & Public Works - 808-01) Action: Provided guidance to staff and the NIP Committee that projects addressing public health, safety, and essential maintenance, such as repairs to storm drains and streets, be emphasized City Engineer Reeves presented the staff report. Councilmember Downey suggested that staff present the storm drain projects to various neighborhoods. She reminded everyone that the city-wide projects represent the whole community neighborhood. Councilmember Selfridge said that she would like to see the list of projects that staff has prepared, and Mr. Reeves presented the list to the City Council. Councilmember Selfridge said that she would need to study the projects in additional detail in order to recommend them. Councilmember Haferman said that he believes giving general direction at this time would be the best approach, and Councilmember Sollecito agreed. Mayor Della Sala opened the floor for public comment on the item and had no requests to speak. He returned the discussion to the dais. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council provided guidance concerning the 2012 Neighborhood Improvement Program (NIP) that projects addressing public health, safety and essential maintenance such as repairs to storm drains and streets be emphasized: 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 adjourned to the closed session at 4:30 p.m. Mayor Della Sala called a recess at 4:43 p.m., then reconvened in open session at 7:03 p.m., and all Councilmembers were present. 2  City Council Minutes Tuesday, January 17, 2012 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators for all employee associations and unrepresented employee groups, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Ivan, a representative of Tzm Monterey Bay, Zeitgeist Movement, presented a summary of his organization's human value system and a proposal for a resource based economy. Heberd Olsen said that the ownership of 60% of the mortgages cannot be traced. He asked that the Monterey Police take a position that they will not take an action unless they know who they are acting for. Matt Bosworth, Treasurer of First Night Monterey, thanked the City Council and all the volunteers on behalf of the Board of Directors for their participation in the First Night Monterey event. Paulette Lynch, Monterey resident, thanked the Council for supporting First Night during such a challenging year. Susan Brittan thanked the Council for making the hard decision to support First Night Monterey. Ellen Martin thanked the Council for collaborating and partnering with First Night Monterey on their 19th celebration. Nina Beatty reported that PG&E disconnected the power to some Santa Cruz residents because they had disconnected their SmartMeters and reconnected analog meters to their homes. She asked Monterey to write a letter urging a no fee opt out option. Jim Fink said that he has forecast the weather for 44 years, but he did not predict the dry December, and January also has been dryer than expected. He said that the area is headed into one of the driest years in the last 500 years. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 7. Consideration of a Request by Occupy Monterey Peninsula for a Park Use Permit to use a Group Campground at Veteran's Memorial Park (City Manager - 809-05) Action: Denied permit extension request, extended permit to January 23, 2012 (4-1; Downey voting no) Assistant City Manager Cohn presented the staff report and Police Chief Penko presented a summary of PD calls to Veteran’s Park since the Occupy movement has been camping there. Mayor Della Sala opened the floor to the representatives of Occupy Monterey. Collin Gallagher, Occupy Monterey legal team representative, presented his request asking Council to extend the permit at Veteran’s Park until February 3. He stated that Monterey's permitting ordinance needs to be changed. Dr. Allen Hoffa, member of the Occupy Monterey legal team, stated that Monterey's homeless program does not meet the needs of the city's homeless people. He asked the Council to find a solution. Mayor Della Sala opened the floor for public comments. Wes Kelly, neighbor to Veteran's Park, presented a petition to the City Council signed by people in his neighborhood. It requested that the Council end the encampment at the park. Denica Defoy asked Council to extend the permit. Shamas Navaro spoke in support of extending the permit. Mr. Hart, Monterey resident, spoke in support of the Occupy movement and of extending the permit. 3 City Council Minutes Tuesday, January 17, 2012 Jessie Quinn spoke in support of the Occupy movement. Sharon Christianson thanked the Council for cooperating with the movement so far. She supported extending the permit. Dennis, Occupier, spoke in support of extending the permit. Christopher spoke in support of the Occupy movement. He said that Veteran’s Park was a bad idea, and it was not supposed to be a homeless camp. Erin Johnson, on behalf of property owners around Veteran’s Park, said that the extension of the permit would allow an exception to the rule for one group. He said that the park is important to the residents, the purpose is to be available to the public as a shared resource, and he opposed extending the permit. A resident of the Skyline area voiced concerns about costs and the environment, spoke in opposition to a permit extension, and asked Council to allow it to expire. Chuck, homeless camper at Veteran’s Park, said that he has been unemployed for several months, but has found a part time job in Monterey. He stated that homelessness is a problem in the City. Heberd Olsen, Monterey resident, said that society has a problem and he supported extending the permit. Erica said that she visited the Occupy camp site where she initially saw happiness that turned into sadness when they were notified that they would have to leave. Gary Carnes voiced his appreciation for what the City has done and supported extending the permit. Michael Heller said that the movement needs more than a few weeks and more than Veteran’s Park. He voiced concerns about area foreclosures and asked Council to extend the permit. Dan Presser said that there are two things, Occupy and people who don't have a place to go. He supported finding a location to help the homeless. Jim Fink noted that there are some organizations and churches providing beds for the homeless, but it is not enough and something has to be done. He said that Veteran’s Park is not the answer to the homeless problem, and asked Council to extend the permit if people are willing to obey the law. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On question, Interim City Attorney Davi said that the constitutionality of assembly permits is not the issue here. City Manager Meurer summarized the City's contributions to community organizations that provide services to the homeless. On question Mr. Gallagher clarified that the assembly is now requesting an extension of the permit to February 4th and there would be no further requests for extension after that date. Councilmember Downey voiced concerns regarding the numerous police calls and the potential for electrical fires at the campground. She noted that many of the homeless camps she visited with police were a result of the choice of those people not to go to shelters. Councilmember Haferman clarified that the issue is whether to extend the camping permit. He asked what will happen to the Occupy movement if they come to Colton Hall. City Attorney Davi said that the City Code prohibits sleeping in a public space or placing structures such as tents, and law enforcement would address those issues if necessary. Councilmember Sollecito congratulated staff, Occupy Monterey, and the citizens for arriving at a temporary solution, but said that it cannot go on long term. He agreed that homelessness is terrible, but Veteran’s Park is not the solution to that problem, and the permit should end. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to deny the requested extension of the permit, but to extend it to Monday, January 23, 2012 because of upcoming rains. Councilmember Downey asked to amend the motion to allow two weeks for the temporary extension, and Councilmember Sollecito said that he did not want to extend it further. On 4  City Council Minutes Tuesday, January 17, 2012 question, Mr. Gallagher said that there are about 23 campers at the site and that many would have no place to go when they leave. Councilmember Selfridge asked that staff give information regarding access to resources and shelter. Mr. Cohn said that has been offered. Assistant City manager Cohn clarified that he has told the group that the City has no facilities to house the group, and private property would be subject to the City's land use process. The motion carried by the following vote: 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 9:09 p.m., then reconvened the meeting at 9:15 p.m. 8. Authorizing the Mayor to Sign the Joint Exercise of Powers Agreement to Form the Monterey Peninsula Regional Water Authority and Appropriating Funds for JPA Startup Expenses; and Appointing a Primary and Alternate Representative to the JPA (City Manager - 706-04) Action: Continued until the Mayors group makes decisions on the composition of the board; includes CalAm; creates a TAC committee to advise the board; includes plans to hire an expert to evaluate projects as appropriate; and better delineates the finances for the organization (3-2; Sollecito, Della Sala voting no) Mayor Della Sala introduced elected and appointed officials in the audience. He noted that a press release this afternoon announced that Cal Am has withdrawn from the agreements for the Regional Desal Project. City Manager Meurer said that while Cal Am has withdrawn, they are working with the County on other solutions. He presented the staff report on the item. David Stoldt, General Manager of MPWMD, gave an overview of the Water Management District's powers and responsibilities, and outlined their role in developing a new water solution for the Monterey Peninsula. Keith Israel, MRWPCA presented his perspective and understanding of what his organization could offer as part of the JPA process. Mayor Della Sala opened the floor for public comments on the item. Roger Dolan, Professional Engineer and representative on the Carmel Valley Association Water Committee, said that the JPA as currently constituted would do more harm than good. He said that it would be completely redundant to the MPWMD. He said that there is a potential for competing projects. Heberd Olsen voiced concerns that another agency is not necessary. He said he would not like to see the JPA hold private negotiations. Dale Eckles said that the water agencies can come up with 5000 acre feet of water and suggested that Cal Am could move ahead with a smaller desal plant and progress more quickly. He said that from the outside a JPA looks unnecessary. Dan Presser announced a crab feed on Saturday night. He said that the JPA is premature at this time and he voiced concerns about weighted votes and no representation for some ratepayers. Nelson Vega said that his residence would not be represented by the JPA, but he has businesses in Monterey. He noted that the Cal Am bill is about 75% water charges and 25% charges from government agencies. He opposed creating another layer of bureaucracy. He asked that the cities go to MPWMD meetings and demand water. Sue McCloud, Mayor of 5 City Council Minutes Tuesday, January 17, 2012 Carmel, said that this JPA has no bonding requirements, and Sand City voted affirmatively on this issue tonight. She said that the JPA will allow the cities to speak with one voice. Having no further requests to speak Mayor Della Sala returned the discussion to the dais. City Manager Meurer noted that a letter arrived from the League of Women Voters saying that the issue needs additional study. Councilmember Downey said that a JPA that follows the Brown Act is a good idea, but this one needs a lot of tweaking before it is passed. She asked to give the public time to weigh in. She asked to continue the item until decisions are made on the make-up of the board, to include some members with technical expertise such as the managers from MPWMD and MRWPCA; CalAm is included; a decision is made to create a TAC committee to advise the board; expert is hired to evaluate the cost and time for the projects; and funding for the organization is better delineated. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to continue the item until the Mayors group makes decisions on the composition of the board, includes CalAm, decides to create a TAC, hires an expert, and the finances are delineated: Mayor Della Sala said that he believes the motion goes too far and addresses matters that are not on the agenda. He briefly reviewed the process regarding the Regional Project. He said that tonight's action is to build the foundation, and he believes that forming the JPA now would allow the public to give input on those issues. Councilmember Downey said that there is no guarantee that these issues will be addressed if the JPA is formed before addressing them. Mayor Della Sala said that the Joint Powers Agreement is a living document and will be changed several times. Councilmember Selfridge said that she has a problem with a third of the rate payers not being represented and that this will form another layer of bureaucracy. Mayor Della Sala said that he would not object to having representation for all rate payers, and the Mayors plan to get technical assistance. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None After further discussion of the details of carrying out the motion, it was moved by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote to reconsider the motion: 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 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item until the Mayors group makes decisions on the composition of the board; includes CalAm; creates a TAC committee to advise the board; includes plans to hire an expert to evaluate projects as appropriate; and better delineates the finances for the organization: 6  City Council Minutes Tuesday, January 17, 2012 AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS 9. Request for Reconsideration of Council Decision Regarding 2020 Del Monte Project Fresh and Easy Market. (Selfridge - ) Action: No action taken; motion to reconsider died for lack of a second It was moved by Councilmember Selfridge to reconsider the Council decision regarding 2020 Del Monte Project Fresh and Easy Market. Councilmember Sollecito said that this was a complex issue, and Councilmember Downey made an excellent motion that solved the problem. He said that revisiting the issue will help no one. Councilmember Downey said that she worked very hard to craft a motion that helps the neighborhood. The motion died for lack of a second. Councilmember Downey reported that she attended the Martin Luther King celebration in Seaside, and it was outstanding. She recommended watching a documentary called "The Cove." Councilmember Selfridge commended the Police and Fire Departments for their holiday decorations. Councilmember Sollecito said that he was proud to see the students graduating from the Naval Post Graduate School last night. He noted what a great asset the school is to the area. CITY MANAGER REPORTS City Manager Meurer reminded Council that next Wednesday's meeting would be both an afternoon and evening session to study the Transportation Plan jointly with the Planning Commission and to consider options regarding whether Monterey should elect to serve as the Successor Housing Agency to retain the RDA housing assets and functions. 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 7