Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 18, 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, Selfridge, Sollecito, Della Sala Absent: Councilmember Haferman City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Community Services Director, Fire Chief, Deputy Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Interim Deputy City Manager, Plans & Public Works, Principal Planners, Police Lieutenant Associate Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Monterey Peninsula Water Management District Update on Water Supply Charge ( - 706-08) Action: Presentation given and discussed Chief of Planning and Engineering Rerig introduced Rachael Martinez, Community Relations Liaison for Monterey Peninsula Water Management District. Ms. Martinez presented the update on MPWMD's water supply charge, saying that the Board had determined that the referendum petition was flawed, and decided to continue to collect the charge. Mayor Della Sala opened public comment on the item. Nelson Vega reviewed the Prop 218 protest process and the referendum that was presented to MPWMD to rescind the water supply charge. He expressed his disappointment and frustration with the Water Management District. Having no further requests to speak, Mayor Della Sala closed public comment. CONSENT ITEMS Councilmember Selfridge requested a staff report on Item 6, and a member of the public asked to remove Item 7 from the Consent agenda for public comments. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6 and 7, which were removed for separate discussion: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, September 18, 2012 Approval of Minutes 2. September 4, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman absent) Award of Contracts 3. Del Monte Avenue/Pacific Street Intersection Improvement Project Contract for Construction Management and Inspection ***NIP/CIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-142 C.S. (4-0-1; Haferman absent) 4. Construct Parking Lot Near Building 423 at the Presidio of Monterey ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-143 C.S. (4-0-1; Haferman absent) Resolutions 5. Authorize Amendment to Interim Ambulance Administration Services Agreement between Cities of Monterey and Carmel-by-the-Sea to Allow Backfill of Paramedic Vacancies (Fire - 601-05) Action: Adopted Resolution No. 12-144 C.S. (4-0-1; Haferman absent) 6. Authorize the Appropriation of PG&E Grant Funds to Purchase New Maps for the Emergency Operations Center (Fire - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 12-145 C.S. (3-1-1; Selfridge voting no, Haferman absent) Fire Chief Miller presented a brief report. Mayor Della Sala opened public comments on the item. Nina Beatty asked if this is a separate grant from the one that was previously approved. She said that she does not understand why the City would liaison with PGE since PGE is doing environmental damage and does not have the public interest at heart. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Selfridge said that she would like to delay the decision to see if funds could be raised from another source. Mayor Della Sala said that he does not see a nexus between accepting these grant funds and the issues brought forward by the speaker, so he will support the motion. Councilmember Sollecito agreed. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 12-145, authorizing the appropriation of PG&E grant funds to purchase new maps for the Emergency Operations Center: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, September 18, 2012 7. Authorize City Manager to Enter into Professional Services Agreement with Wald Ruhnke & Dost LLP to Provide Architectural Design and Public Outreach Services for the Van Buren Affordable Senior Housing Project (Plans & Public Works - 203-02) Action: Removed from Consent; discussed; adopted Resolution No. 12-146 C.S. (3-1-1; Selfridge voting no, Haferman absent) Chief of Planning and Engineering Rerig presented the report and answered Councilmembers' questions. Councilmember Selfridge said that she would like to agendize an item to discuss how the Council awards professional services contracts. City Manager Meurer clarified the procedure used for negotiating professional services versus construction contracts. Councilmember Downey suggested that Councilmembers could attend each type of contract award. Mayor Della Sala opened the floor for 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 Resolution No. 12-146 C.S., authorizing the City Manager to enter into a professional services agreement with Wald Ruhnke & Dost LLP to provide architectural design and public outreach services for the Van Buren affordable senior housing project: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Resolution Approving a Sculpture at 660 Cannery Row; Cannery Row Company (Plans & Public Works - 906-02) Action: Adopted Resolution No. 12-147 C.S. (4-0-1; Haferman absent) 9. Authorize the 2012 Expenditure Plan for Supplemental Law Enforcement Spending Funds (Police - 406-04) Action: Adopted Resolution No. 12-148 C.S. (4-0-1; Haferman absent) 10. On-Call Engineering And Surveying Design Services 2012-2013 Professional Services Contract ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-149 C.S. (4-0-1; Haferman absent) 11. Amend Seaside County Sanitation District and City of Monterey Agreement to Allow Connection to Sewer Systems (Plans & Public Works - 802-11) Action: Adopted Resolution No. 12-150 C.S. (4-0-1; Haferman absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Nelson Vega asked the City of Monterey to revisit who serves as the cities' representative on the Monterey Peninsula Water Management District, suggesting that the seat be rotated. He 3  City Council Minutes Tuesday, September 18, 2012 noted for the students in the audience that most Council meetings are very collegial, but water is a controversial issue. He voiced additional concerns about the Water Management District. Gordon Smith, Villa Del Monte Neighborhood Association, asked the City Council to agendize a discussion of what should be done with the vacant Fresh and Easy site, including how to handle the Helvic Gate. Nina Beatty said that the District of Columbia is investigating SmartMeters, as are other states. She voiced concerns about health impacts of cell towers and mobile devices. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala clarified that the Fresh and Easy site is privately owned with a Use Permit in place that is effective for two years. Chief of Planning Rerig noted that the Mayor and City Manager have been working with the property owner to encourage the continuation of the construction at the site. Council recessed at 4:55 p.m., then reconvened at 7:00 p.m. Councilmember Haferman was absent. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Luis Osorio voiced concerns regarding residential parking in the Downtown, particularly on Del Monte, between Pacific and Van Buren Streets. Maria Osorio agreed with the previous speaker, saying that the situation is unfair. Having no further requests to speak, Mayor Della Sala closed public comment. On question, Community Services Director Bui-Burton briefly detailed the City's residential parking permit program and said that she and her staff would follow up with the Osorios. PUBLIC APPEARANCE 12. Receive Report on the Base Reuse Plan Reassessment Draft Scoping Report and Provide Comments to Staff on Policy Issues; and, Receive Report on the City’s Request for Qualifications for the Development of City Property Located on the Former Fort Ord (Plans & Public Works - 203-02) Action: Received reports and provided comments Principal Planner Caraker presented the staff report and Chief of Planning and Engineering Rerig presented additional details. Staff answered Councilmembers' questions. Councilmember Selfridge, Monterey's FORA representative, outlined some of the issues with the water supply being affected by salt water intrusion into the aquifer. She said that there is no designated area for the Veterans' cemetery in the reuse plan. She asked to asked staff to locate FORA's Native American gaming policy. She suggested that there should be gateways to the National Monument. Mayor Della Sala opened the floor for public comment on the item. Nelson Vega voiced concerns that the entire reuse plan should be reviewed. He suggested that the City's Fort Ord land should be slated for long term development, noting that there are many undeveloped acres on Fort Ord because developers do not have the money to demolish the buildings. With no further requests to speak, Mayor Della Sala returned the discussion to the dais. 4  City Council Minutes Tuesday, September 18, 2012 Councilmember Sollecito said that while there have been delays developing Fort Ord, it is largely due to the recent recession. He said that Monterey has a very limited amount of developable property, so the City needs to keep the rights to develop the Fort Ord property. Mayor Della Sala said that smart development is based on its effects on the entire region, and that would be Monterey’s approach to this property. Staff outlined their recommendations: 1) additional analysis to ensure adequate funding for infrastructure and habitat; 2) to continue to explore development of Monterey parcels to create the middle income jobs necessary to rebalance jobs and housing; 3) rebalancing of jobs and housing and support for the "jobs follow housing" model to bolster middle class economy; and 4) support for an in-depth analysis before programs can be adjusted to anticipated future growth rates/patterns. Councilmembers indicated by consensus support for these recommendations. Councilmember Selfridge expressed concerns that the area be developed regionally and that current blighted areas be cleaned up. She said that the FORA board has not indicated that they want to prevent development of Monterey's parcel. She supported having more regular citizens on the subcommittees. COUNCIL COMMENTS 13. Councilmember Request to Agendize Possibility of Privatization of the Conference Center (Council Member - 902-01) Action: No action taken Councilmember Selfridge said that she would like to defer this item until Councilmember Haferman is present, and she asked that the Councilmembers receive a copy of the Brookings study prior to their consideration. Mayor Della Sala noted that there are members of the public in the audience that have been waiting to comment on the item. Council agreed by consensus to hear the item. Mayor Della Sala opened public comment on the item. Rene Boskoff, General Manager of the Monterey Marriott, spoke in opposition to studying privatization of the Conference Center, saying that it is not a good use of the City staff time and operating costs are only part of the equation. He outlined flaws in the Brookings study and asked Council to stay focused on the renovation of the conference center. John Narigi spoke in opposition to agendizing the matter, saying that a private operator could not make a profit operating the conference center, but the City benefits from the business it brings. He said that the City needs to stay focused on renovation of the facility. Bob Massaro, MCPOA, supported the renovation of the conference center and said that no more time should be lost to consideration of privatization. Janine Chicourrat, Portola Hotel, opposed agendizing the matter and said Council should focus on the renovation. There were no further requests to speak, and Mayor Della Sala returned the discussion to the dais. Councilmember Sollecito agreed with the speakers, saying that the private sector's first priority is to make money, not fill hotel rooms. He supported a public-private partnership model. He said that there is a need to remodel the conference center and that should be the focus. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to deny agendizing the possibility of privatization of the Conference Center. On the advice of the City Attorney, the motion to deny was withdrawn because there had been no motion to agendize the matter. 5 City Council Minutes Tuesday, September 18, 2012 Mayor Della Sala agreed that the matter should not be agendized. Councilmember Selfridge said that she wants to make sure that Monterey does everything right, and she is not sure that Council needs $35 million worth of renovation. She voiced concerns about the proposed financing. Mayor Della Sala agreed that it needs to be done right and said that is why the City has been working with the stakeholders for the past two years on this proposed project. Councilmember Selfridge reported on the recent League of California Cities conference. She asked Council to discuss whether to reopen the RFP process for the Old Train Depot. Councilmember Downey reported on the Leadership Monterey program. She reported that MST is converting the trolley to an electric vehicle. She thanked the people who worked on Art in the Adobes, saying that it was a great success. She gave a brief report on the latest MPRWA TAC meeting. Councilmember Sollecito also thanked those who worked on Art in the Adobes and Cherries Jubilee. He announced that today is National Cheeseburger Day. Mayor Della Sala reported that Monterey County has decided to participate with and become a member of the Monterey Peninsula Regional Water Authority. He said that within about one month the agency expects to have a report from the consultants on the proposed desal projects. CITY MANAGER REPORTS City Manager Meurer reminded Council that next Wednesday's meeting would be a Special Meeting. He said that he would send the Council information regarding the RFP process for the Train Depot and cautioned them on issues of fairness with regard to that process. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:17 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 6