Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 7, 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, Chief of Planning, Engineering, and Environmental Compliance, Interim Deputy City Manager-Plans & Public Works, Principal Planner, Senior Associate Planner, Building Official, Information Solutions Manager, Senior Civil Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS Councilmember Haferman said that he would abstain from voting on Item 1 because he was not present at the July 17 meeting. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda except Items 5 and 7, which were 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. July 17, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman abstained) 2. July 25, 2012 (Information Resources - 701-09) Action: Approved Resolutions 3. Authorize The Purchase of a Used 1998 Aerial Ladder Fire Truck and Transfer Funds for Fire Operations Vehicle Replacement (Fire - 604-02) Action: Adopted Resolution No. 12-118 C.S. 4. Award Pavement Management Program Update Professional Services Contract (Plans & Public Works - 801-01) Action: Adopted Resolution No. 12-119 C.S.  City Council Minutes Tuesday, August 7, 2012 5. Authorize Comment Letter on the Fort Ord Base Reuse Plan Reassessment (Plans & Public Works - 203-02) Action: Removed from Consent; discussed; adopted Resolution No. 12-120 C.S. (3-2; Downey, Selfridge voting no); motion to continue failed 2-3; Haferman, Sollecito, Della Sala voting no) Senior Planner Caraker presented the staff report and answered Councilmembers' questions. Councilmember Selfridge said that the letter is premature and doesn't say anything about the way the City wants to go. Councilmember Haferman asked for additional clarification. Ms. Caraker said that the purpose of the letter is to put certain issues on the table early in the process. Mayor Della Sala opened public comments on the item. Nelson Vega said that the letter is designed to set the tone of the discussion to maintain the original deal to develop the remaining portion of Seaside's allotment. He supported the item. Ed Smith, Monterey resident, said that it is important and appropriate to open up the dialogue early in the process and make comments on the record, as outlined in the agenda report. He supported putting Monterey's interests on record with FORA. With no further requests to speak, Mayor Della Sala closed public comments on the item. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 12-120 C.S., authorizing a comment letter on the Fort Ord Base Reuse Plan reassessment. Councilmember Sollecito said that the letter is succinct and contains an accurate historical context, and he supported it. Councilmember Haferman said that after receiving clarification he will support this letter. Councilmember Downey said that she believes that this matter should be continued to September when the process is further along. She said that the development should be focused on blighted areas. Mayor Della Sala said that he does not believe that it is necessary to continue the item and some development needs to take place on Fort Ord. He said that nothing in the letter binds the City of Monterey to any detrimental impacts. A substitute motion was offered by Councilmember Downey, and seconded by Councilmember Selfridge, to continue the item until September. On question, Chief of Planning and Engineering Rerig clarified that Council could send a second letter later in the process. Councilmember Selfridge said that this letter is more of a press release and this is not the proper time to send it. Councilmember Downey said that this letter is not focused on the City of Monterey's property. Councilmember Sollecito said that only 25 percent of the Fort Ord property is slated for development, 75 percent is designated for open space, and the letter is about Monterey's small portion of the property. He referenced Secretary Panetta's recent comments complimenting the reuse plan. The substitute motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Selfridge NOES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, August 7, 2012 The original motion passed 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 On question, staff clarified that the Resolution showing the vote on this item would be included with the letter. 6. Authorize the City Manager to Enter into Vehicle Maintenance Agreements between the City of Monterey and Monterey Peninsula Water Management District, Carmel Area Wastewater District, Monterey Bay Unified Air Pollution Control District, and the Cities of Carmel, Del Rey Oaks, and Sand City (Plans & Public Works - 704-05) Action: Adopted Resolution No. 12-121 C.S. 7. Approve Budget Adjustments Necessary to Fund payment to Monterey County Required by the State of California Pursuant to Assembly Bill 1484 and to Increase Funding for the Monterey Peninsula Regional Water Authority (Finance - 406-04) Action: Removed from Consent; discussed; adopted amended Resolution No. 12-122 C.S. Finance Director Rhoads presented the staff report. Mayor Della Sala opened the item for public comments. Nelson Vega asked if returning the Housing set-aside would allow the City to not have to provide the 18 units. He voiced concerns about the Regional Water Authority funding. He said that Monterey should condition that funding on Pacific Grove terminating their agreement with Mr. Agha, the participation of Monterey County, and all other cities have to be on board as well. With no further requests to speak, Mayor Della Sala returned the discussion to the City Council. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 12-122 C.S., approving a budget adjustment to fund payment to Monterey County required by the State of California pursuant to Assembly Bill 1484: 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 question, City Attorney Davi explained that if the membership of the Water Authority changes, Monterey could withdraw. Councilmember Downey suggested approving budget adjustments to increase funding for the Monterey Peninsula Regional Water Authority, conditioned on participation by all other affected agencies. Mayor Della Sala explained that the proposed amount is the upper limit of the potential amount and it could be reduced if the County participates or if a Director is not hired. He clarified that the Executive Director position is built into the proposal. He said that he is fairly confident that 3  City Council Minutes Tuesday, August 7, 2012 the member agencies will go forward with their portion of the funding. Councilmember Downey said she would prefer to wait until she hears if the Authority wants to hire an executive director. She supported $60,000 to hire a consultant. Councilmember Selfridge said that a lot of taxpayer money is being spent. Ms. Downey said that Monterey needs to step up and provide service to the Authority without payment. Mayor Della Sala said that having a consistent attorney and staffing is important. Ms. Downey said that she does not support funding except for the consultant. Mayor Della Sala explained the importance of moving forward at this time. Councilmember Sollecito agreed that Monterey should go forward with this funding. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to approve budget adjustments necessary to increase funding for the Monterey Peninsula Regional Water Authority. Councilmember Selfridge asked if the motion maker would remove $50,000 funding for the Executive Director until it is approved by the Water Authority. Councilmember Sollecito agreed to amend his motion and remove $50,000 funding and bring that item back for consideration if MPRWA decides to hire an Executive Director. The seconder agreed to the amendment. Councilmember Downey said that this action goes against her grain, but she will support it. The motion carried by the following vote: 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 Other 8. Reject Claim - Labonte (Finance - 408-04) Action: Rejected claim 9. Appoint Monterey Staff Representative to the Community Human Services Board of Directors (Information Resources - 701-04) Action: Appointed Deputy Chief Aspland ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Nelson Vega voiced concerns that the Council was wasting taxpayer money with regard to the Regional Water Authority. Having no further requests to speak, Mayor Della Sala closed public comments. 4  City Council Minutes Tuesday, August 7, 2012 PUBLIC APPEARANCE 10. Receive Report and Provide Direction on City Council Chamber Remodel to Comply with Americans with Disabilities Act (ADA) Requirements (Plans & Public Works - 202-18) Action: Directed staff to pursue the upgrades with the Option 1, seated only, configuration Building Official Kuehl presented the staff report. Mayor Della Sala opened the floor for public comments on the item. David Stocker, Chair of the Administrative Appeals Hearing Board, said that the staff has laid out the ADA compliance issues. He said that sitting down for public speaking can work, and he, personally, would support sitting only. He supported the proposed audio-visual upgrades. He suggested alternate ways to accommodate the NIP meetings and supported the staff recommendation. Ed Smith asked if the side door is compliant in width ADA and if it could be moved as an option. He generally supported the recommendation. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Staff clarified that the door is compliant and that moving it is not being considered. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council directed staff to pursue the upgrades with Option 1, seated only , to comply with Americans with Disabilities Act (ADA) requirements: 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 said that while she would prefer option 2, she reluctantly supported the motion. Councilmember Haferman said that he leaned slightly toward Option 2. Councilmember Selfridge supported the audio visual upgrades. Mayor Della Sala said the closed session items would be taken up during the evening session, and he recessed the meeting at 5:51 p.m. Council reconvened at 7:02 p.m. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Nina Beatty said that having wireless in the Council Chamber can be problematic for people who are hypersensitive to microwaves. She distributed information on a permaculture design course starting next month to help develop sustainable communities. She said that standards are being reevaluated for radio frequencies in the United States. Ms. Beatty voiced concerns regarding RF waves in schools. She noted that this week is the commemoration of the Hiroshima and Nagasaki bombings. Having no further requests to speak, Mayor Della Sala closed public comments. 5  City Council Minutes Tuesday, August 7, 2012 PUBLIC HEARING 11. 601 East Franklin – Amend Use Permit 09-117 to Expand an Existing School; Application 11- 307; Applicant Timothy S. Wong (for Trinity High School); Owner Tom Maher (Exempt from CEQA). (Plans & Public Works - 202-02) Action: Held public hearing; amended Conditions #5 and deleted the newly proposed Condition #9, leaving in place the existing condition; adopted Resolution No. 12-123 C.S. Principal Planner Cole presented the staff report recommending the applicant's requested changes to Condition 5 and as a staff member she recommended option b on the requested change to Condition 9. Councilmember Selfridge disclosed that she toured the site with the school principal, and Councilmember Sollecito said that he also toured the campus. Councilmember Downey said that she toured the campus in the past, but not in conjunction with this agenda item. Mayor Della Sala opened the Public Hearing to the applicant. School Principal Timothy Wong thanked the City Council for the opportunity to maintain this school at the current location. He outlined the reasons for coming forward with this proposal at this time, including the impending expiration of existing water credits without the expansion. He displayed renderings of the proposed project and clarified that he would prefer option a on the proposed changes to Condition 9. Mayor Della Sala opened the hearing to members of the general public. John Bridges spoke in support of Trinity High School's application. He said that the Planning Commission's condition 9 is problematic, and the preferred option on Condition 9 would be option a. He suggested that a third option would be to change the use permit to run with the land as long as the school is on that property, which would allow the Board to consider a permanent structure. Terry Davis said that the school was started twelve years ago and he believes that Trinity is the best high school in Monterey County. He encouraged Council to support the school and facilitate a long term plan to retain the school in its current location. Having no further requests to speak, Mayor Della Sala closed the hearing. City Manager Meurer suggested that if the Council is contemplating a fundamental change to the use permit, the matter should go back to the Planning Commission. He recommended approving the proposed option a on Condition 9. Councilmember Sollecito said that education is very important and he is proud to have Trinity Christian High School here and he heard that they are the most affordable private school in Monterey County. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council adopted Resolution No. 12-123 C.S., amending Use Permit 09- 117 to expand an existing school; changing Condition #5 5 to say, " the maximum number of registered full time on campus students shall not exceed 164 and 14 faculty," and deleting Condition #9, thereby leaving in effect for the entire permit for the same 5-year term condition the Council previously approved in 2009: 6  City Council Minutes Tuesday, August 7, 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 PUBLIC APPEARANCE 12. Adopt FY 2012/2013 Capital Improvement Program (CIP) (Plans & Public Works - 505-05) Action: Adopted Resolution No. 12-124 C.S. Interim Deputy City Manager-Plans and Public Works Uslar presented the staff report, and Senior Civil Engineer Krebs provided details of the $5.9 million CIP plan. Mayor Della Sala opened public comments on the item, and having no requests to speak, closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution 12-124 C.S., approving the FY 2012/2013 Capital Improvement Program (CIP) : 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 Councilmember Sollecito reported that he attended a meeting of the Highway 156 Corridor Subcommittee, clarifying that the group continues to seek funding for the road improvements, with tolling as just one alternative that is being considered. Councilmember Downey said that she has received two phone calls complaining about the cleanliness of the Alvarado Street sidewalks, and she agrees that they are dirty and there is a lot of chewing gum discarded there. City Manager Meurer clarified that a letter could be sent to the OMBA regarding this matter. Ms. Downey reported on the fundraising for the Lost at Sea memorial. She said that she enjoyed hearing Leon Panetta's speech yesterday. She said that she received a complaint about the droppings around Laguna pond. City Manager Meurer said that the Canadian Geese there are protected, and the City has tried to reduce the population or keep them away from the parks. Ms. Downey said that she has enjoyed the Pony League baseball tournament. Councilmember Haferman said that he has received several recent comments on the excellent quality of the programming on Monterey Channel 25. He said that he has had several parents ask about the fencing around the train at Dennis the Menace Park, and Mr. Uslar said that the issue will be brought to the Council in September. Councilmember Selfridge said that she has also received calls on the train, as well as the Museum of Monterey. City Manager Meurer gave a brief update. Ms. Selfridge reminded everyone to reserve a weekend for Art in the Adobes. 7 City Council Minutes Tuesday, August 7, 2012 Mayor Della Sala said that Del Monte Center has added an electric vehicle charging station to the City's existing public inventory of four stations. He reported on the recognition that City Manager Meurer received from Secretary of Defense Panetta for his work supporting the military as well as other defense communities. CITY MANAGER REPORTS City Manager Meurer reported that the Luxe had another incident and the City is focusing on that nuisance in order to insure that it does not continue. Councilmember Downey reported that MST has applied for a grant to electrify the WAVE. Council adjourned to closed session at 8:22 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions: In a conference with Legal counsel regarding existing litigation in the case of Sechrist vs. City of Monterey, a Workers Compensation Appeals Board case, the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. In a conference with legal counsel regarding existing litigation in the case of Richardson vs. City of Monterey, a Workers Compensation Appeals Board case, the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. In a conference with legal counsel regarding existing litigation, the City Council received and discussed a report on City v. Environmental Assessment and Remediation Management Inc. The City Council gave confidential direction to their legal counsel regarding People v. Paul Joseph Compagno (MS 3030104A) on a vote of 4-0-1, with Councilmember Haferman not participating. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:56 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 8