Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 5, 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, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Community Services Director, Police Chief, Human Resources Director, Deputy Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Assistant Library Director, Housing & Property Manager, City Engineer, Parking Superintendent, Building Official CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Recognition given Mayor Della Sala read a proclamation honoring U.S. Navy Petty Officer Brian K. Formal, who made brief comments thanking the City Council. 2. Recognition of 20th Anniversary of the Monterey Sports Center (Recreation & Community Services - 701-03) Action: Received Presentation and recognized the 20th Anniversary of MSC Community Services/Library Director Bui Burton introduced the item and presented a short video highlighting the Sports Center. The Mayor noted that the proclamation would be placed on the wall at the Sports Center, and he encouraged people to visit the facility to read it. CONSENT ITEMS Councilmembers Selfridge and Downey registered a no vote on Item 11. Councilmember Downey suggested adoption of an ordinance prohibiting political signs on public property in Monterey. Mayor Della Sala abstained from Item 12 because he owns property within 500 feet of the subject property. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, except Item 11 and Item 12 as noted, the City Council approved the Consent Agenda:  City Council Minutes Tuesday, June 5, 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 Approval of Minutes 3. May 15, 2012 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Presidio of Monterey - Install Heat Recovery Ventilators Project Contract for Construction ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-073 C.S. 5. Presidio of Monterey - Replace Fire Detection System B324 Project Contract for Construction ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-074 C.S. 6. Lighthouse Tunnel Generator Replacement, Police Station Emergency Generator Replacement and Presidio of Monterey Sewer Pump Station #1 Emergency Generator Replacement Contract for Construction and Authorize Related Funding Transfers ***CIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-075 C.S. Resolutions 7. Call Regular Municipal Election on November 6, 2012 and Request Consolidation (Information Resources - 702-02) Action: Adopted Resolution No. 12-076 C.S. and Resolution No. 12-077 C.S. 8. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment a. Cannery Row Business Improvement District b. New Monterey Business Improvement District c. North Fremont Business Improvement District (Plans & Public Works - 407-08) Action: Adopted Resolution 12-078 C.S. (Cannery Row), Resolution No. 12-079 C.S. (New Monterey); and Resolution No. 12-080 C.S. (North Fremont) 9. Accept Annual Reports a. Old Monterey Business Association b. Fisherman's Wharf Association (Plans & Public Works - 407-08) Action: Adopted Resolution No. 12-081 C.S. (Old Monterey) and Resolution No. 12-082 C.S. (Fisherman's Wharf) 10. Amend Resolution 9000 to Allow Wine Sales at Retail Fish Markets (Plans & Public Works - 701-13) Action: Adopted Resolution No. 12-083 C.S. 2  City Council Minutes Tuesday, June 5, 2012 11. Amend Resolution 09-122 to Adopt an Amended Administrative Citation Fine Schedule for Violations of the Monterey City Code (City Attorney - 701-13) Action: Adopted Resolution No. 12-084 C.S. (3-2; Downey, Selfridge voting no) 12. Authorize First Amendment to National Trust For Historic Preservation in the United States Lease to Establish City as Sole Lessee and Sublease to Uptown Monterey Partners (Plans & Public Works - 704-10) Action: Adopted Resolution No. 12-085 C.S. (4-0-1; Della Sala abstaining) 13. Authorize Consent to Assignment of the Lease for City-Owned Property at 20 Del Monte Avenue (Portola Vista Senior Housing Apartments) from Housing Authority of the County of Monterey to Portola Vista Monterey, LLC (Plans & Public Works - 704-10) Action: Adopted Resolution No. 12-086 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments regarding items not on the agenda. Rudy Rosales, Ohlone Costanoan-Esselen Nation representative, referenced a recent article on Monterey's history and suggested that it would be a good idea to acknowledge the tribe. He submitted a brochure to the City Council regarding the Esselen Nation. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 14. Receive Building Code Enforcement Evaluation Report - Insurance Services Office (ISO) (Plans & Public Works - 202-01) Action: Received report Building Official Kuehl presented the staff report. He recognized his staff for their hard work and accomplishments. The Mayor and Councilmembers offered kudos to the department and staff members for this outstanding achievement. Mayor Della Sala opened the floor for public comments on the item. Ed Smith, Monterey resident, said that the business community really appreciates the exceptional work of the Building Department. Having no further requests to speak, Mayor Della Sala closed public comment on the item. 15. Award Purchase of Public Safety and Local Government Radio Equipment to Harris Corporation (City Manager - 107-07) Action: Adopted Resolution No. 12-087 C.S. Assistant City Manager Cohn presented the staff report. Mayor Della Sala opened public comments on the item. Ed Smith supported the recommendation, saying the model makes sense. Having no further requests to speak, Mayor Della Sala 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. 12-087 C.S., awarding a contract for the purchase of public safety and local government radio equipment to Harris Corporation and appropriating funds: 3  City Council Minutes Tuesday, June 5, 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 Mayor Della Sala called a recess at 5:13 p.m., then reconvened the meeting at 7:00 p.m., where all Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments regarding items not on the agenda. Bill Hood voiced concerns about the San Clemente Dam financing regarding who would pay for the project. He urged people to contact the PUC and urge a compromise solution. Jimi Hurchka, on behalf of the local fishing community, said that a memorial for fishermen lost at sea is urgently needed and asked if Council or staff could assist by providing resources for the project. He announced the Fourth Annual Fisherman's Days event. Kate Conelly, Monterey Peninsula Yacht Club, gave a brief synopsis of some of the youth programs offered by the Yacht Club. Jon Hill, Trustee for the Monterey Peninsula Unified School Board, said that the Superintendent and Chief of Police have arranged an upcoming meeting with the Board to talk about dealing with school safety and security. He said that gangs are a very real problem that presents a very real threat to the community, and he asked Council to encourage people to take part in that meeting. Rob Raff, Community Human Services, gave a brief presentation regarding the Genesis House capital improvement project planned in Seaside. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 16. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) Action: Held Public Hearing and adopted Resolution No. 12-088 C.S. (4-1; Downey voting no) City Engineer Reeves presented the staff report. On question, he said that he had not received any correspondence on this matter. Mayor Della Sala opened the Public Hearing, and with no requests to speak, closed the hearing. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 12-088 C.S., approving the Alvarado Street Maintenance District 85-1 area and assessment proposed in the Engineer's Report. Councilmember Downey asked the motion maker to amend the motion to approve option 1, clarifying that she does not believe that the City should charge an additional fee, even though the money would come from the General Fund. On question, Mr. Krebs clarified that the assessment remains at the same amount as in the past, but the recommendation is to charge an administrative fee from that amount. Councilmembers discussed whether to charge the fee. Councilmember Sollecito said that his motion stands as stated because the assessment will be the same amount. The motion carried by the following vote: 4  City Council Minutes Tuesday, June 5, 2012 AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 17. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) Action: Held Public Hearing; adopted Resolution No. 12-089 C.S. (4-1; Downey voting no) City Engineer Reeves presented the report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 12-089 C.S., approving the Calle Principal Maintenance District 00-1 area and assessment proposed in Engineer's Report: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. Consider Planning Commission Recommendation to Approve the 2012/2013 One-Year Action Plan for Community Development Block Grant (CDBG) Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) and Consider Successor Housing Agency (SHA) Approval of the 2012/13 Housing Program Budget (Plans & Public Works - 201-09) Action: Held Public Hearing; adopted Resolution No. 12-090 C.S. and Resolution No. 12- 091 C.S. (4-1; Selfridge voting no) Property and Housing Manager Marvin presented the staff report. Mayor Della Sala opened the Public Hearing. Eric Fonferek , Monterey Peninsula Legal Services, expressed his appreciation for the funding his non-profit organization. He described the services that they provide. Christine Capen-Frederick, Meals on Wheels, thanked the City Council for their contributions and noted that the money could not be leveraged to obtain any better value. Lynn Young, Executive Director of Josephine Kearns Pool, thanked the Council for their support and for attending the 40th Anniversary event. She outlined their programs and read a letter from one of their clients. Nelson Vega voiced concerns regarding how the housing money is being spent and suggested that the money slated for the Monterey Hotel could be used move effectively at a different location. Teresa Sullivan, Executive Director of Alliance on Aging, thanked the Council for their past support and for this year's recommendation. She gave a brief summary of their services. Having no further requests to speak, Mayor Della Sala closed the hearing. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman to adopt Resolution No. 12-090 and Resolution No. 12-091, approving the Planning Commission recommendation to approve the 2012/2013 one-year Action Plan for Community Development Block Grant (CDBG) funds and authorized submittal to the U.S. Department of Housing and Urban Development (HUD) and approving the Successor Housing Agency (SHA) 2012/13 Housing Program Budget: 5  City Council Minutes Tuesday, June 5, 2012 Councilmember Selfridge asked the motion maker if he would consider separating the motion into three parts, and Councilmember Sollecito said that this is only a matter of placing the money into the budget, not a decision on the Monterey hotel. He declined to change his motion. Councilmember Downey said that she would support the motion because she believes it would help the City retain the funds, and Mayor Della Sala agreed. He thanked the community service organizations for helping the residents of Monterey. Councilmember Selfridge expressed her support of the community service organizations and of the funding for them. 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 Mayor Della Sala called a recess at 9:13 p.m., then reconvened the meeting at 9:23 p.m. PUBLIC APPEARANCE 19. Presentation and Adoption of 2012-13 Operating Budget (Finance - 406-03) Action: Added FY 2011-12 account ending balance (approximately $1,800) to the City Council Travel and Training budget (4-1; Della Sala voting no); funded all requests by non-profits as presented by delaying the community survey and performance measurement work for one year and taking the balance from the ending balance (3-2; Sollecito, Della Sala voting no); adopted Resolution No. 12-092 C.S., approving the 2012- 13 Operating Budget (5-0) City Manager Meurer introduced the item, and Finance Director Rhoads presented the staff report. Councilmembers discussed whether to increase their Travel and Meetings budget by $1,800. Councilmember Sollecito said that while it is important to budget carefully, it is of paramount importance to ensure that staff and Councilmembers have adequate training budgets. Mayor Della Sala said that there is approximately $1,800 left in this year's budget, so he does not believe that there is a need to increase the amount budgeted at this time. The Mayor said that if a Councilmember wants to attend an event and needs additional money, the Council should consider those specific items as they arise. Mayor Della Sala opened the floor for public comments on the item. Ronn Rygg, United Way, thanked the Council and gave a brief summary of some of their programs. Nelson Vega asked where the difference is being spent from the increased revenues. He noted that while the taxes are lower in Monterey, the living expenses are higher here. Mayor Della Sala said that his point is that Monterey is doing all it can do to keep the sales tax low. Finance Director Rhoads explained that revenues have increased due to contracts with other agencies, which come with associated increased costs. Matt Bosworth, First Night Monterey, said that he cares about arts and a safe family oriented event, as well as the economic vitality of the community. He asked Council to fund the request for this year's event. 6 City Council Minutes Tuesday, June 5, 2012 Dan O'Brien said that First Night Monterey is incredible, and asked Council to provide the additional funding. Annette, First Night volunteer, supported the grant request for First Night. Susan Britton, President of First Night Monterey, thanked the Council and asked them to support the additional funding for their 20th Anniversary celebration. Ellen Martin, Executive Director of First Night Monterey, asked Council to support the request for additional funding. Paulette Lynch, founder of First Night Monterey, spoke in support of additional funding for that event. Tish Sammon, Historic Monterey, gave a brief history of her organization and asked Council to support a $5,000 grant. Having no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Haferman, to add the 2011-12 ending balance in the amount of approximately $1,800 to the City Council Travel and Training budget for FY 2012-13. Mayor Della Sala said that he would not support the motion because he believes the Council needs to be a leader by continuing to cut back in this area. Councilmember Sollecito said that the budget can be amended at any time. Councilmember Haferman asked who would make the decision to use the money, and said that the matter would still have to come back to the Council. Councilmember Downey suggested that the money could be used by whoever needed it. The Mayor suggested that the matter could be clarified at a future meeting. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to fund all requests from non-profits by delaying the community survey and performance measurement work for one year and taking the rest of the funding from the ending balance. Councilmember Downey suggested that all of the grant requests from non-profits that were outlined should be funded by delaying the community survey and performance measurement and ending balance. Councilmembers discussed the potential amount for a grant to the Fourth of July event. Council discussed whether to cut off debate and decided to continue the discussion. Councilmember Sollecito voiced concerns about cutting the funding for the community survey and management tools and asked the motion maker to take the funds from the ending balance instead. Councilmember Downey said that she would not change her motion because she does not believe one year would make or break the City. The motion carried by the following vote: 7  City Council Minutes Tuesday, June 5, 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 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 12-092, adopting the 2012-13 Operating Budget: 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 Adjourn to Joint Powers Authority Meeting JOINT POWERS AUTHORITY - PUBLIC APPEARANCE 20. Approve and Adopt the City of Monterey Joint Powers Financing Authority Budget for 2012-13 (Finance - 406-06) Action: Adopted JPA Resolution No. 030 Finance Director Rhoads presented the report. Chair Della Sala opened public comment on the item, and having no requests to speak, closed the floor. On a motion by Director Sollecito, seconded by Director Selfridge, and carried by the following vote, the Joint Powers Financing Authority adopted JPA Resolution No. 030, approving the City of Monterey Joint Powers Financing Authority Budget for 2012-13: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 21. Approve the Ocean View Community Services District Budget for 2012-13 (Finance - 406-07) Action: Adopted Resolution No. CSD 014 Finance Director Rhoads presented the report. Chair Della Sala opened public comment on the item, and having no requests to speak, closed the floor. On a motion by Director Sollecito, seconded by Director Selfridge, and carried by the following vote, the Community Services District adopted Resolution No. CSD 014, approving the Ocean 8 City Council Minutes Tuesday, June 5, 2012 View Community Services District Budget for 2012-13: 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 Adjourn to City Council Meeting COUNCIL COMMENTS Councilmember Downey expressed her pride in the Monterey Sports Center. She said that the Conference Center Subcommittee has not met in quite a while and she requested a meeting. Ms. Downey reported on a meeting with the Monterey Regional Water Authority, which she attended as the alternate representative. She supported the fisherman's memorial. She explained her vote on the administrative fee for the assessment districts. Councilmember Downey asked for an update on the NIP question regarding overhead for a project on Via Gayuba, as well as a report on the 99 positions that have been eliminated from the City’s Position Control list over the past few years. Councilmember Selfridge congratulated the Sports Center and reminded people to buy tickets to the Gold Rush event at the Library. She said that she is looking forward to promoting Monterey’s history in the coming years. CITY MANAGER REPORTS City Manager Meurer reported that the Lighthouse tunnel is scheduled for cleaning. ADJOURNMENT Having no further business to come before the Council, Mayor Della Sala adjourned the meeting at 11:10 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 9