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Council Regular Meeting

Regular Meeting

Monterey, CA · January 15, 2013

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 15, 2013 4:00 - 5:30 p.m. 7:00 - 10:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff Assistant City Manager, City Attorney, Director of Information Present: Resources/City Clerk, Finance Director, Community Services Director, Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, City Engineer, Senior Planner, Administrative Analyst CALL TO ORDER Mayor Della Sala called the meeting to order at 4:05 p.m., noting that Assistant City Manager McCarthy was sitting in for City Manager Meurer. CONSENT ITEMS Items 2, 3, 5, and 6 were removed from the Consent Agenda for discussion. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved Consent Agenda Items 1 and 4: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. January 2, 2013 (Information Resources - 701-09) Action: Approved Resolutions 2. Adopt Resolution Approving Schedule of Fees and Charges for Programs and Services of the Recreation Division of the Community Services Department (Recreation & Community Services - 407-06) Action: Removed from Consent; discussed; amended and adopted Resolution No. 13- 009 C.S. (4-1; Della Sala voting no) Community Services Director Bui Burton presented the staff report, and she and Sports Center Manager Vierra answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item. Clyde Roberson noted that he had previously submitted a letter, and he asked Council not to raise Recreation or Sports Center fees, but to consider reducing them during the budget process. He questioned why it is City Council Minutes Tuesday, January 15, 2013 problematic to subsidize these programs and noted that there is a lot of competition in this area that could cause membership to decrease if fees go up. Having no additional requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Sollecito clarified that his use of the word "subsidy" was not meant in a detrimental way. Councilmember Selfridge agreed with Mr. Roberson, saying that she could not support raising Recreation or Sports Center fees at this time. Mayor Della Sala noted that five items listed on the Resolution are group permits and not Recreation programs. It was moved by Councilmember Selfridge, to not increase fees and charges for programs and services of the Recreation Division of the Community Services Department and to keep the programs affordable. Councilmember Downey asked to amend the motion to allow the increases proposed for items 1, 2, 3, and 4 on the Resolution since those are group fees, and Councilmember Selfridge accepted the amendment, Mayor Della Sala proposed further amending the motion to include item #33 on the list, and Councilmember Selfridge declined to amend the motion further. Councilmember Haffa agreed with Mr. Roberson, saying that effectively there is still a recession, but he understands the need to sometimes increase the fees for classes based on contracts with instructors. Councilmember Sollecito asked to amend the motion to include revisitation of Item 33 on the Resolution at a later date pending additional information, and the motion maker agreed. Sports Center Manager Vierra clarified that the contractual classes and programs include swim lessons. Recreation and Community Services Manager Vierra outlined some of the additional classes included in that category. Mayor Della Sala offered a substitute motion to amend the resolution to include only the proposed increases for Items 1 through 4 and Item 33. Ms. Selfridge said that she would support the substitute motion if the Sports Center classes were removed from Item 33, and the motion maker declined to amend the substitute motion. The substitute motion died for lack of a second. The original motion was amended and restated by Councilmember Selfridge, to not increase fees and charges for programs and services of the Recreation Division of the Community Services Department: and keep the programs affordable, but to amend and adopt Resolution No. 13-009 C.S., including only the recommended increases for Items 1 through 4 and the non-Sports Center classes included in Item 33. The motion was seconded by Councilmember Sollecito and carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2 City Council Minutes Tuesday, January 15, 2013 3. Approve Traffic Calming Program Revisions (Plans & Public Works - 803-17) Action: Removed from Consent; discussed; adopted Resolution No. 13-010 C.S. Associate Civil Engineer Renney answered Councilmembers' questions. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 13-010, C.S., approving the Traffic Calming program revisions: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. Authorize the City Manager to Enter into a Fire Equipment Maintenance Agreement between the City of Monterey and the City of Pacific Grove (Plans & Public Works - 704-05) Action: Adopted Resolution No. 13-011 C.S. 5. Authorize Release of $36,959.17 in Housing Funds Held in Escrow with Rabobank for Final Payment to Monterey Hotel Project Receiver (Plans & Public Works - 406-05) Action: Removed from Consent; discussed; adopted Resolution No. 13-012 C.S. Property and Housing Manager Marvin presented the Staff report. Councilmember Sollecito clarified his understanding that the City is obligated to make this payment. Mayor Della Sala opened public comments on the item, had no requests to speak, and he closed public comments. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-012 C.S., authorizing release of $36,959.17 in Housing funds held in escrow with Rabobank for final payment to the Monterey Hotel project Receiver: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 6. Approve Villa Del Monte Representative and Alternates to Neighborhood Improvement Program Committee for Calendar Year 2013 (Plans & Public Works - 701-06) Action: Amended and approved Chief of Planning and Engineering Rerig amended staff's recommendation to appoint only the alternates, saying that the individual recommended to be the representative had moved. Mayor Della Sala invited public comments on the item, no one came forward, and he returned the discussion to the dais. 3 City Council Minutes Tuesday, January 15, 2013 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Villa Del Monte Alternates to the Neighborhood Improvement Program Committee for Calendar Year 2013: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Walter Beam, Monterey resident and Hearing Loss Association of America Monterey Chapter representative, gave a presentation regarding "hearing loop" advocacy by Dr. Sterkins. He said that the doctor will speak at the Library in February and he urged Councilmembers and others to attend. Tom Rowley, Monterey citizen and Monterey Peninsula Taxpayers Association representative, thanked the Mayor and Councilmember Downey for their leadership in finding a water supply for the Peninsula. He acknowledged that the Mayor acts as the Chairperson on the Monterey Peninsula Regional Water Authority and thanked the leadership of that JPA. He said that supporting only public ownership of the water project is a short-sighted view because the issue is the cost. He supported an honest evaluation. He asked Council to put this item on every agenda as the first item. Richard Ruccello announced the upcoming fund raiser by the Friends of the Monterey Library, an evening of wine and chocolate tasting, and urged people to purchase their tickets early. Having no additional requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 7. Guidance Concerning 2013 Neighborhood Improvement Program (NIP) Objectives (Plans & Public Works - 808-01) Action: Gave guidance to continue emphasizing projects addressing public health and safety, and essential maintenance such as repairs to storm drains and streets, as well as look into streamlining costs City Engineer Reeves presented the staff report. He recommended that Council give direction regarding the types of projects they would like to see. He suggested that streets and storm drains are in need of repair. Mayor Della Sala opened the floor for public comments. Richard Ruccello, Spokesperson for NIP, said that if there are any issues that are important to the Council the NIP needs to know at this time. He said that there is a continuing problem where people ask the NIP to solve problems in other jurisdictions without first going through the proper process. He suggested that the NIP needs better communication lines with these other jurisdictions. Clyde Roberson referenced his letter containing an analysis of sidewalk projects, and said that cost control should be a focus. He said that his analysis indicates that costs for projects done by the NIP are 15-20 times more than those done by a private contractor. He suggested that the problem be reviewed by staff and the NIP. 4 City Council Minutes Tuesday, January 15, 2013 Jay Jonakite of the Del Monte Beach Townhouse Complex Board said that over the last three and a half years they have been tackling traffic, beach, trees, and other problems, and the City has been very supportive and cooperative. He expressed his appreciation. Carl Outzen voiced concerns about the NIP process and the costs. He suggested that the process could be streamlined and costs reduced. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Sollecito said that every neighborhood had streets, storm drains, curbs, etc. He suggested that the guidance should be to go forward with the existing program of public safety, health and essential maintenance, including looking at costs. Councilmember Selfridge said that the restroom at the Wharf would fit into this category as well. Councilmember Haffa agreed that the restroom and cost cutting should be reviewed. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council provided guidance concerning the 2013 Neighborhood Improvement Program (NIP) objectives: to continue with projects addressing public health, safety, and essential maintenance such as repairs to storm drains and streets be emphasized, as well as look at streamlining costs: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Amend Resolution 08-119 by Adding a Water Authority Director Position and Hourly Wage to the City of Monterey’s Part-Time Salary Schedule (Human Resources - 701-13) Action: Adopted Resolution No. 13-013 C.S. Human Resources Analyst Russo presented the staff report and answered Councilmembers' questions. Councilmember Downey voiced concerns that this employee would not report directly to the JPA. Staff clarified that the JPA has the option not to contract with the City of Monterey if they are dissatisfied, and this position would be at will. Mayor Della Sala opened public comments on the item. Tom Rowley said that he attended the JPA meeting when they discussed this issue, and this is a critical time with regard to getting a water supply. He supported having someone fill this Executive Director position, saying that it is critical to move forward. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-013 C.S., amending Resolution 08-119 by adding a Water Authority Director position and hourly wage to the City of Monterey’s part-time salary schedule: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5 City Council Minutes Tuesday, January 15, 2013 Mayor Della Sala called a recess at 5:45 p.m., and reconvened the meeting at 7:00 p.m. All Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Doug Weile, Foothill Partners, gave an update on the proposed Market Hall project on Alvarado Street, saying that Saucito Land Company and Foothill Partners have come to an agreement on the ground lease. He said that he is looking forward to starting construction on that project and on 595 Munras. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 9. Approve Areas of Special Biological Significance (ASBS) Monitoring Memorandum of Agreement with Monterey Regional Water Pollution Control Agency (MRWPCA) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 13-014 C.S. and Resolution No. 13-015 C.S. City Engineer Reeves presented the staff report reviewing the proposed program and its costs. Mayor Della Sala opened public comment on the item, no one came forward, and the Mayor returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolutions 13-014 C.S. and 13-015 C.S., approving Areas of Special Biological Significance (ASBS) Monitoring Memorandum of Agreement with Monterey Regional Water Pollution Control Agency (MRWPCA) and appropriating funds: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Receive Report on 290 Figueroa Street (S.P. Passenger Depot) and Recommendation from Waterfront Master Plan Subcommittee and Authorize Lease Negotiations with Two Restaurant Proposers (Plans & Public Works - 704-10) Action: Referred two proposals back to the Waterfront subcommittee, with direction to bring back a recommendation to the Council by February 19, 2013 Administrative Analyst Aldrete and Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Planning Commissioner McCrone, who participated on the Subcommittee, reviewed the process and answered Councilmembers' questions. Mayor Della Sala opened the floor to the applicants. Jay and Ben Spungin, Southern Pacific Market and Creamery, outlined their proposal to provide a natural foods market that highlights local products. Sean Elder, Trailside Cafe submitted drawings of their proposed restaurant and 6 City Council Minutes Tuesday, January 15, 2013 gave a presentation of their vision for the Depot building that includes a Historical Visitor Center. He asked members of the audience who support Trailside Cafe to stand, and approximately thirty or more people stood. Mayor Della Sala opened general public comment on the item Terrance Zito read a letter in support of the Trailside Cafe proposal. Maxwell Green said that there are no produce stands in the area, and a restaurant would be redundant. Michael Hemp, Carmel Valley resident, thanked the Council for preserving the Depot and supported the Trailside Cafe proposal. Dale Ellis, Monterey County Hospitality Association, spoke in support of referring both proposals back to the Subcommittee to explore the development of a produce market. Rick Antle clarified that their proposal was submitted before they had access to the appraisal. He gave some details regarding their proposal as it evolved. Robbie Terriso, Ocean Fresh Seafood, said that Monterey has a history as a fishing community and he urged Council to consider his proposal to open a fish market in the building. Steve Thomas, Monterey native, supported revitalizing the historic Train Depot and supported relocating the Trailside Cafe there. J. Alan Fagan, Vice Chair of Governmental Affairs Monterey Peninsula Chamber of Commerce, suggested that after finding the best fit for this site the City should negotiate with all parties to find appropriate sites for all of the proposers. Tom Kassas, Monterey resident, supported a produce market at that location. Jerry Anderson, Saucito Land Company, said that private landlords consider the greater interest of their own investments along with the greater Downtown. He voiced concerns that a produce market would be too competitive with their proposed use on Alvarado. He supported the Trailside Cafe. Doug Weile, Foothill Partners, noted the high percentage of failure among business startups. He supported the Trailside Cafe. He agreed with the previous speaker regarding the Downtown market. Cathy DeMaria referenced a letter she submitted previously, and said that she did not submit a proposal, but would like an opportunity to open a doll and bear museum at the location. She asked Council to reopen the process. Cat's Meow owner spoke in support of the Trailside Cafe. Seeing no one else wishing to speak on this matter, Mayor Della Sala closed public comment on the item and called a recess at 9:05 p.m. He reconvened the meeting at 9:15 p.m. Mayor Della Sala said that he prefers the Trailside Cafe and Tamura and Antle proposals, which are both hybrids at this time. He recommended that the Council refer both proposals back to the Subcommittee with instructions to return to the City Council by the 2nd meeting in February with a recommendation on which proposal they would prefer. It was moved by Mayor Della Sala, and seconded by Councilmember Sollecito, to refer the Tamura and Antle and Trailside Cafe proposals for 290 Figueroa Street (S.P. Passenger Depot) back to the Waterfront Master Plan Subcommittee and direct that a recommendation be returned to the City Council by February 19, 2013: Councilmember Downey said that, while First Night is an excellent organization, she does not believe that would be an appropriate use for the site. Councilmember Haffa said that while all of the proposals have merit, he believes that the two proposals referenced in the motion are the most likely to succeed. Councilmember Selfridge voiced concerns that a sign was not placed on the building during the proposal process. She also said that she had concerns regarding competition for the proposed downtown marketplace. The motion carried by the following vote: 7 City Council Minutes Tuesday, January 15, 2013 AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Appoint Representative to Fort Ord Reuse Authority (Continued from January 2, 2013) (Information Resources - 701-04) Action: Reappointed Vice Mayor Selfridge (3-2; Sollecito, Della Sala voting no) Mayor Della Sala outlined how he came to his recommendation regarding the Outside Agency appointment recommendation, saying that his goal is to balance the assignments, while rotating the appointments so Councilmembers obtain broad experience in regional issues. Councilmember Downey said that Councilmember Selfridge has a depth of knowledge about FORA, and it would not be a good situation to put someone new in that position. Mayor Della Sala opened the floor for public comments. Mike Pekin, Monterey resident, said that FORA lacks integrity, and he supported Councilmember Selfridge as the representative. Megan Tolbert, Monterey resident, supported Councilmember Selfridge as the representative. J Fagan, Monterey Peninsula Chamber of Commerce, spoke in support of the Mayor's recommendation of Councilmember Sollecito. Maxwell Green voiced his appreciation of Ms. Selfridge's work toward transparency on FORA. Liz Reisenbichler supported Ms. Selfridge continuing on the FORA board. Bob Evans supported keeping Councilmember Selfridge as the representative because this is not the time to change representation. He suggested moving the appointment to a later date in the year. Luis Osorio, speaking as an individual, voiced concerns regarding what is happening at Fort Ord. He said that he wants to have the interests of the City of Monterey, as expressed by the City Council, expressed at the FORA meetings, not the feelings of an individual. Nelson Vega agreed with the previous speaker that it does not matter who the representative is as long as they always express the interest of the City of Monterey. He supported rotating the appointments. Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that he does not want to beat up on FORA. He said that if there were no FORA, there would likely not be the Open Space agreements in place that we have now, and a prison would probably have been built instead of the University. He said that it is important to uphold the City's interest in developing the portion of land that is being granted to Monterey. He said that he would protect the City's economic interests if he is appointed to the FORA board. Councilmember Downey said that the FORA board members that she has talked with said that there is not an issue with Monterey's property being developed, but Monterey Downs is the underlying problem. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to reappoint Councilmember Selfridge as the representative to Fort Ord Reuse Authority: Councilmember Selfridge said that she wants to help FORA correct some of their mistakes from the past and she would like to remain for one additional year. 8 City Council Minutes Tuesday, January 15, 2013 Mayor Della Sala clarified why he made the recommendation and said that if the motion passes, the Vice Mayor will hold eight positions on outside agencies, and because of his increased responsibilities, she is likely to have more duties as Vice Mayor. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haffa, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS 12. Request to Agendize a Placement of Water Update as a Standing Agenda Item on Council Regular Meeting Agendas (Councilmember Downey - 804-05) Action: Agendized water as a topic on every Regular Meeting agenda Councilmember Downey presented her reasons for agendizing a discussion of water at every meeting. Mayor Della Sala opened public comment on the item. Nelson Vega supported the request to agendize. Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized a Water Update as a standing Agenda item on Council Regular Meeting Agendas: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Request to Agendize a Discussion of Out-Sourcing Negotiations As a Means to Avoid Conflict of Interest (Councilmember Downey - 405-04) Action: Agendized Councilmember Downey explained her reasons for agendizing the matter. Mayor Della Sala opened public comment on the Item. Nelson Vega supported agendizing the matter. Mayor Della Sala returned the discussion to the dais. Councilmember Haffa said that he does not support hiring outside negotiators, but would support a motion to agendize a discussion. Councilmember Sollecito said that he supports agendizing the matter, but has many comments to make during the discussion. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council agendized a Discussion of out-sourcing negotiations as a means to avoid conflict of interest: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9 City Council Minutes Tuesday, January 15, 2013 14. Request to Agendize a Discussion of Twenty-Five Cent Bag Fee In Accordance with Ordinance 3471 Adopted December 20, 2011 (Councilmember Downey - 802-12) Action: Agendized (4-1; Haffa voting no) Councilmember Downey said that there is a great deal of confusion about this charge, and she asked council to agendize the matter. Mayor Della Sala opened public comment on the item. A representative of the Central Coast Alliance presented statistics regarding how people's habits have changed since the twenty-five cent charge was put into place. Maxwell Green agreed that it is important to keep the coastline clean, but twenty-five cents is excessive. Megan Tolbert, Monterey resident, said that the higher fee could result in a change for the better and she urged Council not to change the fee back. With no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to agendize a discussion of the twenty-five cent bag fee In accordance with Ordinance 3471, adopted December 20, 2011. Councilmember Sollecito said that he is very pleased with the successful results from the ten cent fee and he supports keeping the educational component going. Councilmember Selfridge agreed. Councilmember Haffa voiced concerns that the Council is being reactionary, and that stepping back might send the wrong message to surrounding communities. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None City Attorney Davi explained that it might take some time to put together an analysis on this topic. Councilmember Downey asked to agendize naming the Conference center after Leon Panetta Councilmember Selfridge thanked people for all of the nice phone calls and emails she has received. She noted the volume of late paperwork submitted at the Council Meeting tonight. She said that the last Colton Hall concert series was outstanding, and she urged people not to miss the next one starting in February. Mayor Della Sala gave an update on the Monterey Regional Water Authority, saying that an opinion received from the Attorney General said that it might not be a conflict of interest for the County to join the JPA, but the bylaws would need to be changed. The Mayor reported that the Board looked at a matrix on the three desal projects, those proposals are being reviewed further, and the Board will make a recommendation regarding the CalAm project on February 22nd to the CPUC. He said that the major issue at this time is where the water will come from. Councilmember Sollecito asked for an update on the lawsuit regarding online travel agencies and the collection of TOT. 10 City Council Minutes Tuesday, January 15, 2013 CITY MANAGER REPORTS Assistant City Manager McCarthy reported that the Citizen Survey is being sent out this week. He reported that the Monterey Fire Department has been selected to receive a $1.5 million FEMA SAFR grant to fund six additional firefighters for two years, at no additional cost to the City. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:30 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 11

Agenda

City Council City Council Agenda Chuck Della Sala, Mayor Regular Meeting Libby Downey, Councilmember Alan Haffa, Councilmember Monterey City Council Nancy Selfridge, Councilmember Tuesday, January 15, 2013 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 10:00 p.m. Fred Meurer Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. January 2, 2013 (Information Resources - 701-09) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 2. Adopt Resolution Approving Schedule of Fees and Charges for Programs and Services of the Recreation Division of the Community Services Department (Recreation & Community Services - 407-06) 3. Approve Traffic Calming Program Revisions (Plans & Public Works - 803-17) 4. Authorize the City Manager to Enter into a Fire Equipment Maintenance Agreement between the City of Monterey and the City of Pacific Grove (Plans & Public Works - 704- 05) 5. Authorize Release of $36,959.17 in Housing Funds Held in Escrow with Rabobank for Final Payment to Monterey Hotel Project Receiver (Plans & Public Works - 406-05) Other 6. Approve Villa Del Monte Representative and Alternates to Neighborhood Improvement Program Committee for Calendar Year 2013 (Plans & Public Works - 701-06) ***End of Consent Agenda*** Tuesday, January 15, 2013 PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 7. Guidance Concerning 2013 Neighborhood Improvement Program (NIP) Objectives (Plans & Public Works - 808-01) 8. Amend Resolution 08-119 by Adding a Water Authority Director Position and Hourly Wage to the City of Monterey’s Part-Time Salary Schedule (Human Resources - 701-13) RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 9. Approve Areas of Special Biological Significance (ASBS) Monitoring Memorandum of Agreement with Monterey Regional Water Pollution Control Agency (MRWPCA) (Plans & Public Works - 704-05) 10. Receive Report on 290 Figueroa Street (S.P. Passenger Depot) and Recommendation from Waterfront Master Plan Subcommitee and Authorize Lease Negotiations with Two Restaurant Proposers (Plans & Public Works - 704-10) 11. Appoint Representative to Fort Ord Reuse Authority (Continued from January 2, 2013) (Information Resources - 701-04) 2 Tuesday, January 15, 2013 COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). 12. Request to Agendize a Placement of Water Update as a Standing Agenda Item on Council Regular Meeting Agendas (Councilmember Downey - 804-05) 13. Request to Agendize a Discussion of Out-Sourcing Negotiations As a Means to Avoid Conflict of Interest (Councilmember Downey - 405-04) 14. Request to Agendize a Discussion of Twenty-Five Cent Bag Fee In Accordance with Ordinance 3471 Adopted December 20, 2011 (Councilmember Downey - 802-12) CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. 3 Tuesday, January 15, 2013 UPCOMING MEETINGS AT CITY HALL Jan 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jan 16 Library Board Meeting, Library Solarium Conference Room - 3:30 PM Jan 17 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jan 21 City Holiday, City Offices Closed - 8:00 AM Jan 22 Planning Commission Meeting, Council Chamber - 4:00 pm Jan 23 Library Board Meeting, Library Community Room - 5:00 PM Jan 23 Oversight Board Meeting, Council Chamber - 7:00 PM Jan 23 Council Special Meeting, Council Chamber - 4:00 PM Jan 24 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Jan 24 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jan 24 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM Jan 28 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 PM Jan 28 MP Regional Water Authority TAC Meeting, Council Chamber - 2:00 PM Jan 30 Council Study Session, Council Chamber - 4:00 PM Feb 4 MP Regional Water Authority TAC Meeting, Council Chamber - 2:00 PM Feb 5 Council Regular Meeting, Council Chamber - 4:00 PM Feb 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Feb 12 Planning Commission Meeting, Council Chamber - 4:00 pm Feb 13 Council Retreat Meeting, Monterey Conference Center - 8:30 AM Feb 14 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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