Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 17, 2012 4:00 - 7:00 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, Community Services Director, Police Chief, Fire Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental , Assistant Director Plans and Public Works, Housing & Property Manager, Urban Forester, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Receive Tree City USA Award and Recognize Arbor Week (Plans & Public Works - 810-01) Action: Received award and recognized Arbor Week City Forester Reid gave the staff presentation, and the City Council received the Tree City USA award. Mayor Della Sala thanked Mr. Reid and recognized retiring Parks Superintendent Doug Stafford for his 24 years of service to the City of Monterey. CONSENT ITEMS City Manager Meurer said that a Councilmember has requested a presentation on Item 8, and a citizen has asked that Item 9 be removed for public comment. He suggested that Council and the community might like to hear a presentation regarding Item 10. Councilmember Downey asked to remove Item 6 for discussion, and Councilmembers Haferman, Selfridge, and Downey abstained from voting on Item 2 because they were not present at the Study Session. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, except Item 2, the City Council approved the Consent Agenda, except Items 6, 8, 9, and 10, which were removed for discussion: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. March 28, 2012 (Information Resources - 701-09) Action: Approved (2-0-3; Downey, Haferman, Selfridge abstaining)  City Council Minutes Tuesday, April 17, 2012 3. April 3, 2012 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award Installation of Pressure Regulator Valves at the Presidio of Monterey, Zone 2 Contract for Construction** PMSA** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-047 C.S. Ordinances 5. 1st Reading - Amend City Code § 20-40 to Decrease Speed Limits on David Ave, Garden Rd, Glenwood Circle, and Sloat Ave (Plans & Public Works - 803-16) Action: Passed Ordinance to print Resolutions 6. Authorize City to Continue to Lease Land Located Behind 462-474 Alvarado Street for a Public Parking Lot (Lot 10) (Plans & Public Works - 704-11) Action: Removed from Consent; discussed; adopted Resolution No. 12-048 C.S. (462 Alvarado) and Resolution No. 12-049 C.S. (464-74 Alvarado) Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item, and having no requests to speak, closed public comment. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council adopted Resolutions No. 12-048 C.S. and No. 12-049 C.S., authorizing the City to continue to lease land located behind 462-474 Alvarado Street for a public parking lot (Lot 10): 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. Authorize City Manager to Enter Into Programmatic Agreement Between the City of Monterey and the California State Historic Preservation Office Regarding Development of Van Buren Street Properties for a Senior Affordable Housing Project (Plans & Public Works - 204-06) Action: Adopted Resolution No. 12-050 C.S. 8. Approve Professional Services Contract for New Transit Center Feasibility Study (Plans & Public Works - 813-02) Action: Removed from Consent; discussed; adopted Resolution No. 12-051 C.S. (4-1; Selfridge voting no) Principal Planner Caraker presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Nelson Vega said that it would be really helpful if the staff would identify "grant money" as "taxpayer money". He agreed that the cost of the project should be questioned. Having no further requests to speak, the Mayor returned the discussion to the dais. 2  City Council Minutes Tuesday, April 17, 2012 Councilmember Downey said that she supports this item because it is very important to relocate the transit center. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to adopt Resolution No. 12-051 C.S., approving a professional services contract for a new Transit Center Feasibility Study. Councilmember Selfridge said that she would not support the motion because she does not agree with paying for another study. Councilmember Sollecito said that the Council voted to support BRT, and this study is a necessary step in that support. He agreed that grant money is taxpayer money, and this is an appropriate use of that money. Mayor Della Sala said that it is important to perform this study, it is a key piece to resolving traffic congestion, the funds are available, and this is the right thing to do. Councilmember Downey said that advance planning is how you know what you are getting into before you do it. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Adopt Resolution Confirming Imposition of Debt and Approving Recordation of a Lien against Real Property (584 Oak Street) (Plans & Public Works - 704-04) Action: Removed from Consent; discussed; adopted Resolution No. 12-052 C.S. Chief of Planning and Engineering Rerig introduced the staff report regarding the abatement of the property, and Chief Building Official Kuehl presented details of the clean-up process. During the presentation, the property owner objected to the showing of the photographs of the property, and City Attorney Davi stated that staff had express permission to photograph the property, and the pictures are part of the record. Mayor Della Sala opened the floor to the property owner. Craig Zanetta said that no one bothered to check and see what the situation was or see what damage was done to the property. He said that his family has been harassed and had money and property stolen from them. He said that his neighbor has terrorized his family, and the rats in the photographs came from the neighbor's property. He said that all of the materials that were removed were building materials. He said that his neighbor had threatened to kill him. On question, Mr. Zanetta said that a man came in with a bobcat and crushed his driveway and sewer line and tore things off that were attached to the house. He said that the neighbor poisoned his fence. He explained that the contractor was throwing bricks and hit his arm with one. On question, Mr. Zanetta said that he had removed much of the material himself prior to the City cleaning up the property. He said that he called the police with complaints about his neighbor's actions, and the police would not do anything about it. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 12-052 C.S., confirming imposition of debt and approving recordation of a Lien Against Real Property at 584 Oak Street: 3  City Council Minutes Tuesday, April 17, 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 Councilmembers agreed that this is an unfortunate situation and expressed regret that this action had to be taken. They noted that there were multiple attempts to have the property cleaned up by the owner, and he did not take that opportunity. 10. Adopt a Resolution Accepting and Appropriating a Grant from PG&E in the Amount of $1,500 for Continued EOC Emergency Development and Training (Fire - 611-05) Action: Removed from Consent; discussed; adopted Resolution No. 12-053 C.S. Grant Coordinator English presented the staff report, and introduced Wendy Sarsfield of PG&E. Ms. Sarsfield expressed her gratitude for being able to work with the City and support it through the community investment program. Mayor Della Sala opened the floor for public comment on the item. Nina Beatty strongly objected to the acceptance of the grant from PGE. She said that this is ratepayer money, not PG&E's. She presented statistics regarding safety concerns about SmartMeters. She said that this is a wicked company. Having no further requests to speak, Mayor Della Sala 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. 12-053 C.S., accepting and appropriating a grant from PG&E in the Amount of $1,500 for continued EOC emergency development and training: 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 11. Authorize the Use of $600,000 from the City's Parking Fund as a Required Grant Match for the Del Monte Corridor Enhancement Project (Plans & Public Works - 813-02) Action: Adopted Resolution No. 12-054 C.S. 12. Authorize the Housing and Property Manager to Decline Exercise the First Right Option to Purchase an Affordable Deed Restricted Condominium Units at 565 English Avenue Unit #5 (Plans & Public Works - 206-03) Action: Action: Adopted Resolution No. 12-055 C.S. Other 13. Ratification of Mayor's Appointments to the Oversight Board of the Successor Agency to the City of Monterey Redevelopment Agency (Continued from April 3, 2012 Meeting) (Finance - 701-04) Action: Appointments ratified ***End of Consent Agenda*** 4  City Council Minutes Tuesday, April 17, 2012 PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Nelson Vega thanked Council for making allocation of water a possibility for a property on North Fremont. He asked if information would be forthcoming on priorities and how the water would be allocated, because he would need to know if water is available before moving forward on the project. He voiced an objection to the City Manager expressing disagreement with members of the public who comment at meetings, specifically in reference to public employee salaries. Rick Johnson, OMBA and New Monterey Business Association, asked to be allowed to comment on the closed session, and the Mayor said that opportunity would be given just prior to the closed session. Nina Beatty voiced concerns about radiation poisoning throughout the world from the Fukushima reactor in Japan. Larry Parrish displayed a rough draft of the proposal regarding a homeless program that he has submitted to the City. He said that he plans to continue to pursue the proposal. Having no further requests to speak, Mayor Della Sala closed public comment. Chief of Planning Rerig clarified that the criteria for the upcoming water allocation is outlined in the previous staff report, and that matter would be coming back to the Council on May 15. COUNCIL COMMENTS 14. Councilmember Request to Agendize Parking Problems on Ramona as Reported by Mr. Morgan at the April 3, 2012 Meeting (Selfridge - 901-07) Action: Continued to May 1, 2012 Councilmember Selfridge asked what has been done regarding the parking issues on the lower portion of Ramona Avenue. Police Chief Penko said that the patrols have been using the audio- visual equipment in their cars to record the conditions on that street at different times of the evening, and DVDs with that information are available. Mayor Della Sala opened public comment on the item, and with no requests to speak, closed public comment. Ms. Selfridge said that she would prefer to continue the item to the next meeting so she could review the new information. On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item until May 1, 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 Councilmember Downey expressed concerns regarding a house that is supposed to be under construction, but nothing is being done. She said that she hopes a letter is going out to all of the affected businesses regarding the potential street name changes and closures that are being proposed in the transportation planning process. Councilmember Selfridge announced that there would be Turkish Festival at Custom House Plaza on August 25 and 26. She said that 5 City Council Minutes Tuesday, April 17, 2012 there would be a three-day Homeless Veterans workshop held in June. She said that Sam Farr was the keynote speaker at the recent tourism conference. She thanked Mr. Vega for making comments on so many diverse topics. Mayor Della Sala reported that on April 23, California American Water will submit their proposal to the PUC regarding a new water source. He said that a presentation about that project would be made to the Monterey Peninsula Regional Water Authority and the public that same evening. He stated that there would be a 90 day period for the public to submit written comments regarding the proposal. Councilmember Downey encouraged the Mayors and TAC to encourage MPWMD to build a desal plant. Mayor Della Sala said that the JPA is looking at the most cost-effective and timely project. CITY MANAGER REPORTS City Manager Meurer reported on a recently permitted bar on Alvarado Street, and he asked Councilmembers to let him know if anyone wants to call it up to review the closing time. He announced that there would be no Study Session on April 25, and he gave a brief report on the Scholtze Park NIP sidewalk project. He said that the City is the recipient of a grant from Oceanview Veterinary Animal Hospital for the purchase of mutt mits. He mentioned that the Council Retreat date will have to be rescheduled, and asked if Council would prefer to postpone the retreat until after the election. Mayor Della Sala opened public comments on the closed session item. Rick Johnson said that he makes it a personal policy never to talk about City Staff, but is going to break that policy. He said that when he works with Interim City Attorney Davi, she is always honest and gracious. He supported her appointment as the City Attorney. Having no further requests to speak, Mayor Della Sala closed the floor and adjourned the meeting to closed session. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with Labor Negotiators regarding the unrepresented City Attorney, the City Council gave confidential direction to their negotiator on a roll call vote. The vote was unanimous. ADJOURNMENT The Meeting adjourned at 6:49 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 6