Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 3, 2012 Field Trip 2:30 Regular Meeting 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, Chief of Planning, Engineering, and Environmental Compliance, Assistant Director Plans and Public Works, Housing & Property Manager, Police Lieutenant, Recreation and Community Services Manager, Principal Planner FIELD TRIP 2:30 p.m. Location is at Rancho Saucito/South Boundary Road Intersection at Ryan Ranch 1. Field Trip to Rancho Saucito/South Boundary Road Intersection at Ryan Ranch to Consider Development of the City's Property on Former Fort Ord. (Notes: Meeting will be called to order at Rancho Saucito/South Boundary Road Intersection. No transportation will be provided.) (Plans & Public Works - 203) Action: Received report; conducted tour of site CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 2. Recognition of July as Parks and Recreation Month (Recreation & Community Services - 809- 01) Action: Recognition given Community Services Director Bui Burton presented the staff report and introduced Recreation and Community Services Manager Vierra, who made comments regarding the recreation program. Mayor Della Sala recognized and thanked the Parks and Recreation staff members. CONSENT ITEMS City Manager Meurer noted that Property and Housing Manager Marvin would be providing support to Councilmember Selfridge with regard to her appointment that is recommended on Item 10. Councilmember Downey registered an abstention from voting on the Minutes of June 19 because she was not present at the meeting. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala  City Council Minutes Tuesday, July 3, 2012 NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. June 19, 2012 (Information Resources - 09) Action: Approved (4-0-1; Downey abstaining) Award of Contracts 4. Replace Floor Covering for Buildings POM 619,621,and 623 and Award Sole Source Contract for the Furniture Removal and Relocation at the Presidio of Monterey***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 12-103 C.S. 5. General Municipal Building Improvements On-Call Contract 2012 for City Projects ***CIP/NIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-104 C.S. 6. General Municipal Building Improvements On-Call Contract 2012 for Presidio Municipal Services Agency (PMSA) Projects ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-105 C.S. Ordinances 7. 2nd Reading - Amend Monterey City Code Section 38-165.A., Procedures to be Followed Upon Granting of Permit Applications; (Exempt from CEQA Requirements). (Plans and Public Works - 701) Action: Adopted Ordinance No. 3477 Resolutions 8. Authorize Agreement with the Monterey County Convention and Visitors Bureau (MCCVB) for Destination Marketing Services and Operation of the Visitor Center (Public Facilities - 704-05) Action: Adopted Resolution No. 12-106 C.S. Other 9. Designate Voting Delegate for 2012 League of California Cites Annual Conference - September 5-7, San Diego (Information Resources - 101-12) Action: Designated Councilmember Selfridge 10. Reconsideration and Appoint Council Member as City of Monterey Representative to the Leadership Council of the Lead Me Home 10-Year Plan to End Homelessness in Monterey and San Benito Counties (Plans & Public Works - 101-13) Action: Appointed Councilmember Selfridge with support from Property and Housing Manager Marvin ***End of Consent Agenda*** PUBLIC COMMENTS 2  City Council Minutes Tuesday, July 3, 2012 Mayor Della Sala opened the floor for public comments on items not on the agenda. Rick Johnson, OMBA and NMBA, said that tomorrow is the Fourth of July, and the celebration is a community affair. He said that City staff has been a great help to his organization. Mayor Della Sala acknowledged the private-public partnership, and Councilmember Downey said she was impressed with the group who was arranging the parade. She offered kudos to the businesses and volunteers. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 11. Adopt Resolutions to Levy Assessments to Fund: 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 No. 12-107 C.S. (Cannery Row); Resolution No. 12-108 C.S. (New Monterey); and Resolution No. 12-109 C.S. (North Fremont) Principal Planner Cole presented the staff report. Mayor Della Sala opened the public hearing. Mary Alice Cerrito Fettis, President of North Fremont Business District, supported the assessment for the North Fremont BID. Having no further requests to speak, Mayor Della Sala closed the public hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolutions to Levy Assessments to Fund: Cannery Row Business Improvement District (Resolution No. 12-107 C.S.); New Monterey Business Improvement District (Resolution No. 12-108 C.S.); and North Fremont Business Improvement District (Resolution No. 12-109 C.S.): 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 Closed Session*** Mayor Della Sala opened the floor for public comments on the closed session items, and had no requests to speak. He closed the floor and Council adjourned to closed session at 4:27 p.m. Council recessed at 5:42 p.m., and reconvened in open session at 7:00 p.m. All Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that on a single unanimous roll call vote, the City Council gave confidential direction to their legal counsel in a conference with legal counsel regarding existing litigation on three Workers Compensation Appeals Board matters (1) name of case: Murdock vs City of Monterey; (2) name of case: Bowe vs City of Monterey; and (3) name of case: Downing vs City of Monterey. Ms. Gawf announced that the City Council gave confidential direction to their counsel on a unanimous roll call vote regarding a conference with legal counsel on existing litigation: Turn Down the Lights vs. City of Monterey. She reported that the City Council received a report on threatened litigation due to significant exposure to litigation concerning 1001 Hellam St. City Clerk Gawf said that the remaining agendized closed session items would be heard after the evening session. 3  City Council Minutes Tuesday, July 3, 2012 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Nelson Vega voiced concerns regarding funding and the process for the Monterey Peninsula Water Resources Agency, saying that this is the beginning of another bureaucracy. He asked the Council to agendize the matter to determine whether to continue to be involved in and spend taxpayer money on the JPA. Nina Beatty asked people to opt out of the SmartMeter program, saying that the meters are causing damage to the community. She voiced concerns about the microwave frequencies coming from the meters. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 12. Receive Report and Update on Development of the City's Property on Former Fort Ord; and, Direct Staff to Release Request for Qualifications (Continued from June 27, 2012) (Plans & Public Works - 203-02) Action: Received report and directed staff to release a Request for Qualifications (4-1; Selfridge voting no) Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened public comments on the item. Nelson Vega said that the timing might be premature and might possibly wait until after a new City Manager is hired. He said that Marina's is not an example of a successful project, and a Blue Ribbon Committee should be the first step. Nina Beatty agreed with the previous speaker, saying that the current vacancies around the Downtown should be the focus of development. Jim Morgan suggested that Laguna Seca should be a consideration because it shares the same main road for accessing events. Mike Peikin, Monterey resident, said that most people are not aware that this property belongs to the City, and there is a lack of information regarding this issue. He said that additional notice must be given to the public. Ed Smith, Monterey resident, said that he appreciates the dialogue and would like to slow the process in order to form a Blue Ribbon Committee and obtain additional public participation. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Mayor Della Sala clarified that the City has no obligation to do anything with regard to the RFQ if it is issued. City Manager Meurer said that, while some people might not be aware of this project, it is included as part of the recently updated General Plan. He reminded Council of the many controversies associated with vital projects throughout the years. Councilmember Sollecito said this is an opportunity for the Council to take a leadership position and gain some intelligence into the future. He said that he favors moving ahead to gain the information. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to direct staff to release a Request for Qualifications for development of the City's property on former Fort Ord with the understanding that the staff would do the required work on the RFQ. Councilmember Selfridge voiced concerns regarding the timing of selling or leasing the property. Councilmember Sollecito clarified that his motion is limited only to issuing an RFQ in order to get information. Ms. Selfridge said that staff is already busy with other projects and she does not want to burden them with this additional work. Councilmember Downey agreed with Mr. Sollecito, saying that there is not an obligation attached to issuing an RFQ, and she 4  City Council Minutes Tuesday, July 3, 2012 supported the motion in order to gain the information. Mayor Della Sala said that he appreciates this conversation and the public's input. He supported the motion for issuing an RFQ. 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 13. Receive Report on Alternatives to Complete the Monterey Hotel Mixed-Use Project at 406 Alvarado Street (Plans & Public Works - 406-05) Action: Received report Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item. Nelson Vega thanked Mr. Marvin for providing a tour of the property. He said that the first consideration should be the best use for the Downtown. Mr. Vega voiced concerns that low cost housing is probably not the greatest value for that location and he presented several options. Carl Outzen thanked Mr. Marvin for providing him with information. He voiced concerns regarding the sharing of common areas between the hotel and apartments. He recommended that a hotel would be the highest and best use for the property. Alan Bilinsky, Interim’s Housing Director, encouraged the preservation of affordable housing and asked Council to establish a timeline if Council does not develop these units as affordable. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Downey, asked that staff to investigate the possibility of an exchange, and putting issue on the ballot, as well as a matrix or decision tree. Mayor Della Sala called a recess at 9:42 p.m., and reconvened the meeting at 9:55 p.m. 14. Reconsideration of City Council Decision Regarding Participation in International City/County Management Association's National Citizen Survey and Performance Measurement Programs (City Manager - 406-04) Action: Adopted Resolution No. 12-110 C.S. (3-2; Downey, Selfridge voting no) Assistant City Manager Cohn presented the staff report. Mayor Della Sala opened public comments on the item, and having no requests to speak, closed public comments. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 12-110 C.S., approving funding for participation in International City/ County Management Association's National Citizen Survey and Performance Measurement Programs: Councilmember Downey said that she would prefer to spend the money on grants to non- profits, and could not support the motion. Councilmember Selfridge agreed and said she has a problem with how the questions would be set up. On question, Assistant City Manager Cohn said that the questions are standardized by ICMA and the same as those asked across the country. He said that there is also an opportunity to customize and ask open-ended questions. 5  City Council Minutes Tuesday, July 3, 2012 Councilmember Haferman suggested that there are some questions that the Councilmembers would like to ask, and said that he would want to have that opportunity. Councilmember Selfridge said that she would rather support additional non-profits and she believes that in- house staff could do a survey and ask customized questions. Councilmember Haferman said that when he asked for reconsideration he wanted additional information, and he believes that he will support the motion after hearing the report. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. Deny a Request for a 24- Minute On-Street Parking Space adjacent to 210 Ramona Avenue (Plans & Public Works - 901-07) Action: Denied Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened public comment. Rod Barry, business owner at 210 Ramona, said that he has never had a problem at that location until recently when Mr. Morgan began having a disagreement with new tenants. He said that he sees no reason for a 24-minute parking space in this area. Richard Russo, tenant at 210 Ramona, said that there is room within the yard for employees, and after 8:00 a.m., there is plenty of room for Mr. Morgan's customers. He opposed a 24-minute space. Armando Ramirez, 210 Ramona tenant, opposed a 24-minute space, saying that it would make things more difficult. Mr. Morgan said that Mr. Ramirez's vehicle has been parked in the same location on the street for weeks. He said he would like to see vehicles that are parked long term be removed. He noted that he submitted a petition from other business owners in the area who support a 24- minute space. Having no additional requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Sollecito said that he does not see how a 24-minute space would solve the issue. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council denied the request for a 24- minute on-street parking space adjacent to 210 Ramona Avenue: 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 COMMENTS 16. Request to Agendize Recognition of 20th Anniversary of the Monterey Sports Center. (Selfridge) Action: Agendized for September by consensus 6  City Council Minutes Tuesday, July 3, 2012 Councilmember Selfridge asked to have a small ceremony so the City Council can say thank-you. Community Services Director Bui Burton asked Council to delay this matter until after July and August. Councilmember Haferman noted that Mayor Della Sala was very involved in the initial fund raising efforts and agendizing this matter could be valuable for future fundraising efforts. There was a consensus among the Councilmembers to agendize the matter in September. 17. Request to Agendize Referral to the Parks and Recreation Commission Regarding Signs in Neighborhood Parks (Selfridge - 102) Action: Agendized Councilmember Selfridge said that there is not a policy regarding signs in neighborhood parks. She asked to agendize such a policy. City Manager Meurer asked for clarification whether this is in regard to political signs or commercial signs. Councilmember Sollecito said that he does not see a need to pass a law about this matter. Councilmember Selfridge said that she is interested in developing a policy for small neighborhood parks. Councilmember Haferman said that while he could support agendizing the matter in order to gain additional information, he would not necessarily support the referral. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council agendized a referral to the Parks and Recreation Commission and ARC regarding signs in neighborhood parks: 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 Selfridge reminded people about the Library’s Gold Rush event, upcoming Movies in the Park, Art in the Adobes, and the 4th of July festivities. Councilmember Downey asked to routinely agendize a report from the Monterey Peninsula Regional Water Authority. She said that she is disappointed that the community spent so much effort fighting the Proposition 218 procedure by the Water Management District to raise $3 million, rather than fighting the CalAm $80 million rate increase. Councilmember Downey clarified her request at a previous meeting to "call for the question," saying that four Councilmembers have to agree in order to stop debate. She asked about the progress on having the City’s leases loaded into the ECM system, and Information Resources Director/City Clerk Gawf gave a brief update. Ms. Downey said that the City has distributed reusable bags, and she explained the reason for charging ten cents for paper bags. Mayor Della Sala said that the reusable bags are still available at no charge at the several locations. Councilmember Sollecito said that he has been asked to look into another water source from a Yolo County/City of Davis pipeline that runs to Hollister. He said that many residents have been calling him to say that they don't feel safe in the City any longer because they had been victims of burglary. He said that crime is actually down in Monterey and across the nation. He asked that citizens attend the community based policing meetings when they come to their neighborhoods and to form neighborhood watches. Mayor Della Sala reported that the Water Authority TAC has completed its RFP to study the three desal projects. He reviewed the reasons for the formation of the JPA. He said that the JPA will be looking at a budget in the amount of about $240,000, noting that is less than one- 7 City Council Minutes Tuesday, July 3, 2012 tenth of one percent of the $400 million water project. He reported that Monterey's share will be greater than the other cities’ in the JPA based on water usage. Mayor Della Sala recognized retiring Assistant City Manager Cohn and thanked him for his years of service. CITY MANAGER REPORTS City Manager Meurer reiterated the importance of neighbors looking out for one another in order to prevent crime. He reported that Fresh and Easy is about to put their construction project on Del Monte Avenue on hold. He commended Assistant City Manager Fred Cohn for his work over the years. ADJOURNMENT Due to the lateness of the hour, Council decided to take up the remaining closed session items at their next meeting. Mayor Della Sala adjourned the meeting at 11:25 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 8