Council Regular Meeting
Regular MeetingMonterey, CA · May 15, 2012
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, May 15, 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 Assistant City Manager, City Attorney, Director of Information
Present: Resources/City Clerk, Finance Director, Community Services Director,
Police Chief, Human Resources Director, Deputy Police Chief, Chief of
Planning, Engineering, and Environmental Compliance, Assistant Director
Plans and Public Works, City Engineer, Principal Engineer
CALL TO ORDER
Mayor Della Sala called the meeting to order at 4:00 p.m.
CONSENT ITEMS
Councilmember Selfridge asked to have a staff presentation on Item 5. Councilmember
Downey offered kudos on Item 4.
On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried
by the following vote, the City Council approved the Consent Agenda, except Item 5, which was
removed for separate 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
1. May 1, 2012 (Information Resources - 701-09)
Action: Approved
Resolutions
2. Resolution Authorizing Appropriation of Designated for Artifacts Acquisition Funds to Purchase
Cannery Row Models Research Materials from Bill Johnk (Library - 906-03)
Action: Adopted Resolution No. 12-067 C.S.
3. Repealing Resolution 12-002 for the Purchase of Four Kawasaki Police Motorcycles (Plans &
Public Works - 812-02)
Action: Adopted Resolution No. 12-068 C.S.
4. Approve the Purchase of Two Saunas for the Monterey Sports Center and Authorize the
Transfer and Appropriation of Donated Funds (Recreation & Community Services - 409-03)
City Council Minutes Tuesday, May 15, 2012
Action: Adopted Resolution No. 12-069 C.S.
5. Award On-call Hazardous Materials Testing and Monitoring Professional Services Contract
***CIP/NIP/PMSA*** (Plans & Public Works - 405-04)
Action: Removed from consent; discussed; adopted Resolution No. 12-070 C.S.
Principal Engineer McMinn presented the report and answered Councilmembers'
questions. Mayor Della Sala opened public comments on the item, and having no requests to
speak, returned the discussion to the dais.
On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried
by the following vote, the City Council adopted Resolution No. 12-070 C.S., awarding the on-
call hazardous materials testing and monitoring professional services 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
6. Authorize Application for the 2012 Edward Byrne Memorial Justice Assistance Grant and, if
Awarded, Authorize the City Manager to enter into a Contract and Appropriate the Funds
(Police - 704-05)
Action: Adopted Resolution No. 12-071 C.S.
7. Award Wharf II Structural Inspection Professional Services Contract (Plans & Public Works -
704-05)
Action: Adopted Resolution No. 12-072 C.S.
***End of Consent Agenda***
PUBLIC COMMENTS
Mayor Della Sala opened the floor for public comments on items not on the agenda. Michael
Coleman said that he adopted the San Carlos Beach Park and has picked up litter at various
locations throughout the City. He showed videos illustrating problems with seagulls raiding
trash containers. Mayor Della Sala thanked Mr. Coleman and asked staff to look into the
situation. Having no further requests to speak, Mayor Della Sala closed public comment.
PUBLIC APPEARANCE
8. First Review of Recommended Neighborhood Improvement Program (NIP) Projects for FY
2012/13 (Plans & Public Works - 406-03)
Action: Received report, reviewed the list and provided guidance
City Engineer Reeves presented the staff report, saying that the proposed projects address
important community needs. He answered Councilmembers' questions. On question, NIP
Spokesperson Heuer explained that there are no cutoff projects because the NIP decided that
they would rather have any leftover funds come back to them next year so they can be used for
higher priority projects.
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City Council Minutes Tuesday, May 15, 2012
Mayor Della Sala opened the floor for public comments. Rick Heuer, NIP Spokesperson, said
that the NIP was created by a ballot measure, is part of the City Charter, and is unique in the
United States. Having no further requests to speak, Mayor Della Sala closed public comment.
Councilmember Selfridge said that these are extremely good projects and she hopes to get to
them quickly and create jobs. Councilmembers agreed that it was a good list.
Mayor Della Sala recognized Alex Peterson, Monterey High School, who thanked the Council
for allowing the Civics and Economics students to attend the meetings.
Mayor Della Sala adjourned the meeting to closed session at 4:37 p.m. Council recessed at
5:34 p.m., then reconvened at 7:00 p.m.
CONTINUED PUBLIC COMMENTS
Mayor Della Sala reopened public comments on items not on the agenda. Liz Chandler,
Monterey Peninsula Yacht Club, gave a presentation describing recent activities being
conducted by the Club. She showed pictures and a video to illustrate what the America's Cup
will look like this year. Nelson Vega voiced concerns regarding the Monterey Peninsula
Regional Water Authority and asked Council to consider whether the JPA will move forward. He
asked if Council would be taking a position on the Water Management District's proposed fee.
He said that 66 affordable housing units are being built at Fort Ord at a wasteful cost using
taxpayer money. Having no further requests to speak, Mayor Della Sala closed public
comments.
PUBLIC HEARING
9. Deny Appeal of Planning Commission Decision to Repeal Use Permit 87-84 and Variance 87-
63 for a Parking Adjustment; Appellant Tony Smith; Applicant City of Monterey; Business
Owner Didier Dutertre (for Bistro Moulin); Property Owner 867 Wave Street Partners. (Plans &
Public Works - 203-02)
Action: Withdrawn by applicant; no action needed
Adjourn to Ocean View Community Services District Meeting
Council adjourned to a meeting of the Ocean View Community Services District.
OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE
10. Select Community Services District Candidate for the Local Agency Formation Commission of
Monterey County (LAFCO) (Information Resources - 706-08)
Action: Selected Carl M. Miller, Jr. to receive the vote
Information Resources Director/City Clerk Gawf presented the report. Chair Della Sala opened
the floor for public comments on the item, no one came forward, and he closed the floor.
Director Downey recommended supporting Carl M. Miller, Jr. due to his experience. Director
Haferman said that he knows Mr. Miller and believes that he is well qualified, as is Mr. Poitras
by reputation. He noted that in reading their statements, the other candidates appear to have
excellent qualifications as well.
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City Council Minutes Tuesday, May 15, 2012
On a motion by Director Downey, seconded by Director Haferman, and carried by the following
vote, the District Board selected Carl M. Miller Jr. as their choice for the Community Services
District Candidate for the Local Agency Formation Commission of Monterey County (LAFCO) :
AYES: 5 BOARD MEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala
NOES: 0 BOARD MEMBERS: None
ABSENT: 0 BOARD MEMBERS: None
ABSTAIN: 0 BOARD MEMBERS: None
RECUSED: 0 BOARD MEMBERS: None
11. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-09)
Action: Report received
City Attorney Davi said that there is nothing to report at this time. Chair Della Sala opened
public comment on the item, and having no requests to speak, returned the discussion to the
Board.
On question, Chief of Planning Rerig summarized what has been done to weatherize the
Stohan building. On question, Ms. Davi said that the project is still in litigation with the Coastal
Commission.
Adjourn to City Council Meeting
ANNOUNCEMENTS FROM CLOSED SESSION
Information Resources Director/City Clerk Gawf announced that in a conference with labor
negotiators for the Management Employee Association, Monterey Police Association, Police
Lieutenants' Management Association, and Fire Management Association, the City Council
gave confidential direction to their negotiators on four separate roll call votes. All votes were
unanimous.
COUNCIL COMMENTS
Councilmember Sollecito reported that the Monterey Rock and Rod Festival would be
taking place at the Fairgrounds this coming weekend, and the proceeds go to the
Gateway Center. He said that he would be attending the Public Safety Committee of the
League of California Cities meeting in June.
Councilmember Selfridge congratulated the Officers who received awards at the recent
awards ceremony. She reported on Dan Walters' presentation to the Monterey Bay
Division of the League meeting regarding the State of California's budget. She reminded
people to attend the Library Gold Rush event. She said that she enjoyed a recent
presentation by Ray March, who spoke about his book, River in Ruin.
Councilmember Downey said that the Cultural Arts Commission is having a series of
speakers at Town Hall meetings, and Ray March was the first and Tim Thomas will be
the next. She said that Mr. Walters recommended a Constitutional Convention as the
only way to fix California’s budget. She expressed regret that Mr. Dolan has resigned
from the TAC and voiced concerns regarding Cal Am's proposed water project. She said
that the TAC came up with a list of questions for each project and she hoped those
questions would be answered. She encouraged the JPA to solve the insurance problem.
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City Council Minutes Tuesday, May 15, 2012
Mayor Della Sala said that the Monterey Peninsula Regional Water Authority has
discussed the insurance issue at length and he has been somewhat reassured that they
would have that insurance by the next meeting. He said that he talked with Mr. Dolan,
who is hopeful that he still will be able to spend time on the water issue. The Mayor said
that the reason for forming the JPA was threefold: to provide transparency in developing
a new water supply; to address concerns about governance and input; and to stand
united as a voice before the California Public Utilities Commission. He summarized the
process that the agency is moving through to accomplish those goals.
CITY MANAGER REPORTS
Assistant City Manager Cohn reminded Council of their May 23rd Study Session where they will
be hearing a presentation on next year's budget.
ADJOURNMENT
Having no further business to come before the City Council, Mayor Della Sala adjourned the
meeting at 7:35 p.m.
Respectfully Submitted, Approved,
Bonnie Gawf Chuck Della Sala
Director Information Resources/City Clerk Mayor
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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, May 15, 2012 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
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
1. May 1, 2012 (Information Resources - 701-09)
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."
2. Resolution Authorizing Appropriation of Designated for Artifacts Acquisition Funds to
Purchase Cannery Row Models Research Materials from Bill Johnk (Library - 906-03)
3. Repealing Resolution 12-002 for the Purchase of Four Kawasaki Police Motorcycles
(Plans & Public Works - 812-02)
4. Approve the Purchase of Two Saunas for the Monterey Sports Center and Authorize the
Transfer and Appropriation of Donated Funds
(Recreation & Community Services - 409-03)
5. Award On-call Hazardous Materials Testing and Monitoring Professional Services Contract
***CIP/NIP/PMSA*** (Plans & Public Works - 405-04)
6. Authorize Application for the 2012 Edward Byrne Memorial Justice Assistance Grant and,
if Awarded, Authorize the City Manager to enter into a Contract and Appropriate the Funds
(Police - 704-05)
7. Award Wharf II Structural Inspection Professional Services Contract
(Plans & Public Works - 704-05)
***End of Consent Agenda***
Tuesday, May 15, 2012
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.
8. First Review of Recommended Neighborhood Improvement Program (NIP) Projects for FY
2012/13 (Plans & Public Works - 406-03)
***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
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 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.
9. Deny Appeal of Planning Commission Decision to Repeal Use Permit 87-84 and Variance
87-63 for a Parking Adjustment; Appellant Tony Smith; Applicant City of Monterey;
Business Owner Didier Dutertre (for Bistro Moulin); Property Owner 867 Wave Street
Partners. (Plans & Public Works - 203-02)
Adjourn to Ocean View Community Services District Meeting
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Tuesday, May 15, 2012
OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE
This is a separate legal body of the City that oversees the operations of the Ocean View
Community Services District desalinization plant. 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 Chair.
The District may limit the time each speaker is allocated.
10. Select Community Services District Candidate for the Local Agency Formation
Commission of Monterey County (LAFCO) (Information Resources - 706-08)
11. Receive Ocean View Community Services District Quarterly Report
(City Attorney - 706-09)
Adjourn to City Council Meeting
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
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
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Tuesday, May 15, 2012
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
May 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
May 17 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM
May 21 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm
May 22 Planning Commission Meeting, Council Chamber - 4:00 pm
May 23 Council Study Session, Council Chamber - 4:00 PM
May 23 Library Board Meeting, Library Community Room - 5:30 PM
May 24 Zoning Administrator Meeting, Council Chamber - 4:00 pm
May 28 City Holiday, City Offices Closed - 8:00 AM
May 30 Council Study Session, Council Chamber - 4:00 PM
Jun 5 Council Regular Meeting, Council Chamber - 4:00 PM
Jun 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Jun 12 Planning Commission Meeting, Council Chamber - 4:00 pm
Jun 14 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm
Jun 14 Zoning Administrator Meeting, Monterey Library - 4:00 pm
Jun 19 Council Regular Meeting, Council Chamber - 4:00 PM
Jun 20 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Jun 21 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM
Jun 25 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm
Jun 26 Planning Commission Meeting, Council Chamber - 4:00 pm
Jun 27 Council Study Session, Council Chamber - 4:00 PM
MORE INFORMATION IS AVAILABLE BY CALLING 646-3935
See Council Chamber seating chart online.
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