Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 2, 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, Fire Chief, Deputy Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Interim Deputy City Manager Plans & Public Works, Principal Planner, Housing & Property Manager, Police Lieutenant, Associate Planner, Communications and Outreach Manager, Communications Assistant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. and welcomed the Monterey High School Civics Class. PRESENTATIONS 1. Recognize the Communications & Outreach Office for Winning a National Award for Design of the City's Website (City Manager - 307-04) Action: Recognized Communication and Outreach Office Communications & Outreach Manager McGrath gave a presentation honoring Webmaster Huelga's work on the City's website, and Council recognized and thanked Ms. McGrath and Ms. Huelga. CONSENT ITEMS City Manager Meurer said that a Councilmember has requested removal of Item 4 from Consent, and Councilmember Haferman said that he would be abstaining from voting on Item 2 because he was not present at the September 18th meeting. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, except Item No. 2 from which Councilmember Haferman abstained, the City Council approved the Consent Agenda: 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 2. September 18, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman abstaining) Ordinances  City Council Minutes Tuesday, October 2, 2012 3. First Reading - Amending Monterey City Code Section 18-46 "Levy of Assessment - Amount" to Clarify Inclusion of Unincorporated Areas of County in the Monterey County Tourism Improvement District (Finance - 407-08) Action: Passed Ordinance to print Resolutions 4. Award Contract for Construction Management Services for Completion of the Monterey Hotel Apartments at 406 Alvarado Street (Plans & Public Works - 405-04) Action: Removed from Consent; discussed; and adopted Resolution No. 12-154 C.S. (4- 1; Selfridge voting no) Chief of Planning and Engineering Rerig presented the staff report. On question, Roger Miller, Integrated Construction Management, presented additional details. Councilmember Selfridge asked how the item was advertised, requested additional financial information, and she noted some concerns regarding housing policies. She said that she would like to again delay this action until she receives further information. City Manager Meurer clarified that the recommendation is based on Council's previous direction on how to move forward with this process. Property and Housing Manager Marvin gave a cost breakdown of the construction management process. He explained that there are still two paths toward completion, but this is a necessary next step for completion of this project. Mayor Della Sala opened the floor for public comments on the item. Nelson Vega supported the staff recommendation, and he suggested developing a matrix of what every unit and common area requires. He encouraged Council to keep the possibility open to consider something other than an affordable housing use. On question, he said that the proposed cost is reasonable. With no further requests to speak, Mayor Della Sala returned the discussion to the dais. It was moved by Councilmember Selfridge to delay this project for six months to get more citizen participation, The motion died for lack of a second. Mayor Della Sala said that a decision has been made to proceed with affordable housing units, and this is the way forward. He said that delaying this project would delay revitalization of the Downtown. On a motion by Councilmember Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 12-154 C.S., awarding the contract for construction management services in an amount not to exceed $160,969.41 for completion of the Monterey Hotel apartments at 406 Alvarado Street: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey said that while she supports this motion, she believes that Council should have sought the highest and best use for the property rather than affordable housing. 5. Adopt Amendment to the Memorandum of Understanding with Monterey Police Association (MPA) (Human Resources - 701-13) 2  City Council Minutes Tuesday, October 2, 2012 Action: Adopted Resolution No. 12-155 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items that are not on the agenda. Nelson Vega said that he believes it is time to review the City's policy on affordable housing. He said that the City should always seek the highest and best use for their property. He suggested reviewing the Monterey Hotel situation to determine how we got here and how to avoid it in the future. Paul Bruno thanked the Council for supporting the expansion of Breakwater Cove Marina. He said that having a place for visitors stop with large boats in Monterey was a good move. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 6. Adopt Resolution Authorizing Transmittal of a Letter to the California Public Utilities Commission supporting the Division of Ratepayer Advocates’ Application for Rehearing the California Public Utilities Commission’s Decision to Allow California American Water Company to Implement the Carmel River Reroute and San Clemente Dam Removal Project (Plans & Public Works - 804-05) Action: Adopted Resolution No. 12-156 C.S. Chief of Planning and Engineering Rerig presented the staff report and answered questions. Mayor Della Sala opened the floor to the representatives of CalAm. Dave Stevenson, Director of Rates for California American Water, explained the 9.99% equity return that has been authorized by the PUC, saying that the project would be funded with both capital and debt. He stated that the equity holders incur all of the risk. Mayor Della Sala opened the floor to general public comment on the item. Loren Latondre, Carmel River Watershed Conservancy, spoke in support of the dam removal project that would open the river. He reviewed the proposed rate of return and public funding. He opposed sending the letter and said that if Council approves the letter, it could put the public funds in jeopardy. Paul Bruno, Monterey resident and founding Director of the Carmel River Watershed Conservancy, spoke in opposition to sending the request for a rehearing. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Downey said that while she understands CalAm's desire to get the best rate, she does not feel obliged to help the shareholders get a rate of return. She supported sending the letter to help the ratepayers. It was moved by Councilmember Downey, and seconded by Councilmember Haferman, to adopt Resolution No. 12-156 C.S., authorizing transmittal of a letter to the California Public Utilities Commission supporting the Division of Ratepayer Advocates’ application for rehearing the California Public Utilities Commission’s decision to allow California American Water Company to implement the Carmel River reroute and San Clemente Dam removal project: Councilmember Sollecito said that while he wanted to bring this letter forward, he does not want to cause a delay or loss of public funding. Mayor Della Sala suggested amending the letter to state that the City of Monterey supports the project, does not want to delay it or jeopardize the funding, and to limit the objection to the rate of return. The motion maker and seconder agreed to amend the motion as suggested. The 3  City Council Minutes Tuesday, October 2, 2012 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 The City Council adjourned to Closed Session at 5:15 p.m., then recessed at 5:30 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m., and all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions taken in closed session: In a conference with legal counsel regarding existing litigation, City v. Matosantos (Sacramento Superior Court, Case No. 34-2012-80001249), on a unanimous roll call vote, the City Council gave confidential direction to their legal counsel. In a conference with legal counsel about a case where there is significant exposure to litigation concerning 1001 Hellam St. the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. The conference with legal counsel to decide whether to initiate litigation in one case was not discussed due to time constraints.. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Lorna Moffett voiced concerns regarding wild horses being killed by the Bureau of Land Management, and she asked the Council to join a proclamation opposing the slaughter of wild horses and send a letter to Sam Farr. With no further request to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 7. Consider Appeal of Staff’s Decision to Deny Request to Release Workforce Level Affordable Housing Deed Restriction from Property at 231 Casa Verde Way to Facilitate Refinance of the Mortgage (Plans & Public Works - 704-02) Action: Adopted Resolution No. 12-157 C.S. granting the appeal Property and Housing Manager Marvin presented the staff report, recommending denial of the appeal based on current housing policy. Mayor Della Sala opened the floor to the Appellant. Joseph Headley said that he and his family support the workforce housing program, but did not foresee this circumstance. He said that he is forced to make this request due to market forces. He said that he hopes to stay in his home, but needs to be able to refinance it in order to do so. Mayor Della Sala opened the floor to the general public. Alan Haffa said that he completely understands the staff recommendation and it follows the letter of the law. He said that the program is not doing what was intended, and Council should consider the value of keeping people in their homes, and that the bank will benefit if the house is foreclosed on. Michael Alba said that these are extraordinary circumstances and he supported the appellant. Ed Smith, Monterey resident, said that the homeowner has a window of time, and he supported granting 4  City Council Minutes Tuesday, October 2, 2012 the appeal. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that staff has recommended appropriately under the letter of the law, but he believes that an exception is warranted in this case. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City adopted Resolution No. 12-157 C.S., granting the appeal and approving the request to release the Workforce Level affordable housing deed restriction from property at 231 Casa Verde Way to facilitate refinance of the mortgage: 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 8. Presentation to Council about "Dennis the Menace Train”, Receiving Public Input and Staff Recommendation to Authorize further Analysis of the Future of the Train Through Retention of a Qualified Consultant (Plans & Public Works - 903-03) Action: Received report; took public comment; closed public comment; directed staff and elected officials to contact Monning's office to encourage legislation to create an exception for the train; directed staff to work with the risk pool and Save the Train on this issue; and gave the Save the Train group thirty days to locate a qualified expert, certified by the National Playground Institute, to investigate possible alternatives for the future use of the train, and if they cannot find a qualified individual within thirty days, Council authorized staff to solicit one Interim Deputy City Manager Plans and Public Works Uslar introduced the staff report and gave the history of the train and its placement in the park. City Attorney Davi reviewed the mandatory playground equipment standards under California state laws and ADA requirements associated with playground equipment. Mr. Uslar requested Council's direction for staff to explore possible solutions to bring the City into compliance while protecting the City from financial liability. Mayor Della Sala opened public comments on the item. Clayton J. Peyton, organizer of Save the Train, said that being out of compliance does not inherently open the City to liability according to a Supreme Court ruling. He suggested altering the train to make it safe. He said that his group has contacts that are available to work pro bono to find a solution. City Attorney Davi said that the 2003 Supreme Court citations are based on a state law that no longer exists. Brian Flores, Monterey resident and Save the Train representative, thanked the Council and staff for placing this matter on the agenda. He urged Council not to remove the train from the park and to provide the public ample time to work with staff to save it. Gary Enloff, longtime Peninsula resident, said that creative padding would easily address the problems. He supported keeping the train in a usable, climbable way. Dania Ketcham, said that the train was her dad's idea, she played on it, and her daughter has played on it with supervision. She asked Council to keep the train in some form. Jessie Chrisland, Peninsula resident and Carmel Middle School teacher, spoke in support of keeping the train. Laurie Bend spoke in support of keeping the train in place and making it safe. Kyle Bend said he has been playing on the train since 2001, and he enjoys climbing on it. Ryan Pagan supported keeping the train in place so children can play on it. Martha Contraras, Monterey resident, said that she and her brothers love playing on the train, and it is important to make it safe and keep the train so children can play on it. George Vermiliar said that he used to 5 City Council Minutes Tuesday, October 2, 2012 play in Lake El Estero and in Dennis the Menace Park. He supported keeping the train accessible to children. Denise Estrada, City of Salinas employee, said that she went through a similar situation in 2000 and had to move the train from the park to a museum, which allows public access. She said that whatever Salinas can offer to Monterey to assist, they are willing. She said that California Rail Tours is qualified to do restorative work on the train. Maxwell Green, Monterey resident, said that if someone falls it is common that they are taken to the hospital. He urged the City to explore what can be done to keep the train. Alan Haffa, Monterey resident, said that the train is a part of the community, and Council needs to be clear in directing staff to find a solution. Susanna Bonner said that she played on the train growing up and she encouraged Council to keep the train. Tim McFadden said that the train has been a part of his life and he supported keeping the train as play equipment in the park. Wayne Yedder said that he rebuilds train cars and offered his assistance to keep the train in place. Michael Alba said that he grew up on the train, and he supported keeping the train in place. Ed Smith said that he recently visited a train in Fort Riley Kansas that was modified for safety purposes. He supported hiring a consultant to find a way to fix the train. Cathy Crystal, Seaside resident, spoke in support of keeping the train in place. Robert Brown said that he was born in Monterey and worked for the railroad. He said that kids must be supervised when playing on the train, and he supported keeping it. Bob Evans, on behalf of his seven grandchildren, spoke in support of keeping the train in place, as is. Jeff Galpin, Monterey resident, spoke in support of keeping the train. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Mayor Della Sala called a recess at 9:16 p.m., then reconvened the meeting at 9:25 p.m. Councilmember Downey said that Council needs to keep the train for the community. She suggested starting by contacting Bill Monning and forming a Blue Ribbon Committee. Councilmember Haferman agreed, saying that he wants to find a way to save the train and legislation is a way to get started. He noted that people would need to lobby the state legislature. He said that there is already a grass roots group, so perhaps a committee is not necessary. He said that hiring a consultant would be his lowest priority. Councilmember Selfridge agreed that Council has to save the train and this group of people can help. Councilmember Sollecito said that working with our legislator is a real possibility, especially considering the historic significance of the train and of Monterey. He agreed that the grass roots organization is also a good idea. City Manager Meurer said that staff can pursue legislation as well as maintain contact with the organized group. He encouraged Council to give staff all the tools necessary, including the authority to hire a consultant. Mayor Della Sala clarified that Council’s direction to staff should be to seek the help of state legislators, to hopefully have an answer in a year; work with the Save the Train group; authorize staff to issue an RFP for a professional; and work with the risk pool. Councilmember Haferman asked the Save the Train group to provide any professionals' names that might be willing to provide assistance. Councilmember Downey suggested that she could work with the Save the Train group, and Councilmember Selfridge agreed. City Attorney Davi noted that the type of professional needs to be a playground safety inspector/engineer with certification by the National Playground Certification Institute. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried 6 City Council Minutes Tuesday, October 2, 2012 by the following vote, the City Council directed staff and elected officials to contact Monning's office to encourage legislation to create an exception for the train; directed staff to work with the risk pool Save the Train on this issue; and gave the Save the Train group thirty days to locate a qualified expert, certified by the National Playground Certification Institute, to investigate possible alternatives for the future use of the train, and if they cannot find a qualified individual within thirty days, Council authorized staff to solicit one: 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 Haferman said that he has been contacted by individuals who are interested in all the water projects, and one has asked that Monterey get a presentation from Pacific Grove on what they are doing. He asked to agendize a presentation from Pacific Grove. Councilmember Downey agreed. She said that she is pleased with the consultant hired by the Monterey Peninsula Regional Water Authority Technical Advisory Committee to look into the desal plants. Councilmember Selfridge agreed. Mayor Della Sala said that MPRWA and Monterey County and CalAm signed a proposal. He reported that SPI, the consultant, will have a final report by mid-November. He explained that a governance committee has been formed by the Authority and said that significant progress has been made by MPRWA. CITY MANAGER REPORTS City Manager Meurer reported that only three Councilmembers would be in town for the October 16th meeting, and that meeting would be an afternoon-only session with a very light agenda. He said that November 6th is election night so that will also be an afternoon-only session, and the swearing in would be either the second November or first December meeting. He distributed a detailed cost analysis of the Monterey Hotel expenditures. ADJOURNMENT Mayor Della Sala adjourned the meeting to closed session at 10:13 p.m. ANNOUNCEMENTS FROM CLOSED SESSION The City Council adjourned from closed session at 10:37 p.m. City Clerk Gawf announced that in a conference with legal counsel to decide whether to initiate litigation in one case, confidential direction was given to legal counsel. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 7