Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 5, 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 City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager, Plans & Public Works, Finance Director, Community Services Director, Police Chief, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, City Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda as presented: 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. February 12, 2013 (Information Resources - 701-09) Action: Approved 2. February 19, 2013 (Information Resources - 701-09) Action: Approved Resolutions 3. Approve Sanitary Sewer Management Plan (Plans & Public Works - 802-04) Action: Adopted Resolution No. 13-034 C.S. 4. Approve Revisions to Scope of Project and Appropriation and Transfer of Funds for CONA Traffic Calming Phase V (Airport Rd, Ramona Ave, Casanova St) Project (30n0709) ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-035 C.S. 5. Order Engineer’s Report for Alvarado Street Maintenance District 85-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-036 C.S.  City Council Minutes Tuesday, March 5, 2013 6. Order Engineer’s Report for Calle Principal Maintenance District 00-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-037 C.S. 7. Authorize the Purchase of Three (3) 2013 Police Interceptor Utility Vehicles (Plans & Public Works - 812-02) Action: Adopted Resolution No. 13-038 C.S. Other 8. Approve Villa Del Monte Representative to Neighborhood Improvement Program Committee for Calendar Year 2013 ***NIP*** (Plans & Public Works - 701-06) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments regarding items not on the agenda. Sherelien Haase, Director of Community Affairs for Associated Students of Monterey Bay, invited all of Monterey County to an informal on-campus event, Mixer with the Mayors, on March 13. Richard Ruccello said that in 1983 a group of residents got together to pass the hotel freeze because of a planned hotel on the Catellus site. He said that he disagrees with the way the historic train station process moved forward, and suggested an auction to open the process to get more value. Mayor Della Sala clarified that the lessee will pay either a base rent or a percentage of gross, whichever is greater. City Manager Meurer clarified that the property was purchased for $7,000,000. Michael Wallis Monterey County Pops, asked the Council to support them on their Fourth of July program this year, which will consist of a laser and light show. He said that they hope to enhance what they did last year. Sidney Ramsten Scott spoke about socially responsible investing, quoting John Steinbeck. She suggested that it is the Council's responsibility to invest responsibly, saying that many of the recent home foreclosures were fraudulent. She said that the City should not continue to invest in any bank that has been implicated in that fraud. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 9. Mid-year Budget Review (Finance - 406-03) Action: Received and discussed report City Manager Meurer introduced the item. He reviewed the recent discussions regarding homeless services. Finance Director Rhoads presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item. Bill Leone, MPC and Community Human Services, emphasized that abject poverty is not romantic. He encouraged the Council to set aside a portion of the budget to help the homeless and hungry in Monterey, and said that ignoring these issues only exacerbates the problems. On question he suggested using other cities' programs as a model. Maxwell Green, citizen, said he is happy that the projections are looking good, and he supported looking into what the City can do for the homeless. Timothy Barrett thanked the Council for their service. He said that Monterey Peninsula College is a first line service provider to the homeless, and they are holding a symposium on May 18th. 2  City Council Minutes Tuesday, March 5, 2013 He invited Councilmembers to attend and said that he hopes we can take a human perspective to this human problem. He said there are interesting and creative models in the state, such as Santa Barbara. On question, Chief Penko reported that in total, Santa Barbara spends approximately $343,000 on their programs for the homeless. Roger Case thanked the Council and Councilmember Haffa for his recommendation. He provided statistics regarding the numbers of homeless children and asked Council to address the issues. William Krause said that he has been homeless for the past three years because of health issues. He asked Council to give the homeless a place to go for showers and doing laundry and a place to park their vehicles. Vince Delgado, Safe Place Community Services, said that he is proud of the previous speaker. He supported providing additional services to address the homeless issue. On question he explained the Safe Place programs. Elizabeth Yanish, Safe Place volunteer, said that she is a pediatric nurse and often children are a forgotten population. She supported the City helping to establish a place to meet basic needs. Councilmember Selfridge said that CHS is doing a great job. Michael Wallis suggested that the City approach a sponsor to lend their name to the Sports Center or other City facility in order to fund a program. He suggested a pilot program to identify some parking spaces near the Police station. Ben Balistreri said that he works on the Wharf and a sense of belonging is important to everyone. He supported creating a day facility. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Haffa suggested a car park, perhaps with a permit. He said that a program for women is needed through IHELP and purchasing a van would help. He suggested a dawn to dusk camping ordinance and identifying a site to place a new CRV buy-back. He supported establishing a day center to provide showers and laundry. He proposed dedicating the revenue from the Train Depot rent to establish that program. Councilmember Downey said that the City gives funds to 15 or 20 organizations to address this problem, and she suggested making that information available to the public. She said that it might be possible to redirect some of that money. Finance Director Rhoads noted that the Parking Fund owns the parcel where the Train Depot is located, so those revenues would not be available for general use. Councilmember Sollecito said that this is the investigative phase and it is worth exploring further. He said the he would not be comfortable making a specific proposal at this time, but it is worth further analysis. City Manager Meurer said that while the City has contributed resources to many organizations, it has not been involved in program delivery. He said that would be a new business for the City, and he needs guidance on the level of resources and what the role of the City should be. Mayor Della Sala called a recess at 6:05 p.m., saying that Item 10 would be the first item of business at 7:00 and the closed session items would be taken at the end of open session. Mayor Della Sala reconvened the meeting at 7:03 p.m., and all Councilmembers were present. 10. Appropriate Funds for Certain Capital Renewal Projects and State Reimbursement for Fire Strike Team Expenses and Other Fire Reimbursements and for Community Service Area 74 Funding (Finance - 406-03) Action: Adopted Resolution No. 13-039 C.S. Finance Director Rhoads presented the staff report. Mayor Della Sala opened public comments and had no requests to speak. He returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 03-039 C.S., appropriating funds 3  City Council Minutes Tuesday, March 5, 2013 for certain capital renewal projects and State reimbursement for Fire strike team expenses, other Fire reimbursements, and Community Service Area 74 funding: 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 Adopt Negative Declaration and Adopt Monterey on the Move, a Citywide Multi-Modal Mobility Plan Action: Continued to March 19, 2013 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the item, Monterey on the Move, a Citywide Multi-Modal Mobility Plan, to March 19, 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 WATER UPDATE Mayor Della Sala summarized the comments and exhibits that were submitted by the Water Authority to the PUC. He said that an RFQ would be issued for a consultant. Councilmember Downey asked if CalAm builds this plant and if another desal plant comes on line that is less expensive, will there be an obligation to continue to purchase from the CalAm plant? Mayor Della Sala said that matter has not been detailed, but the Authority has been clear that they favor a variety of solutions. On request by Councilmember Downey, he said that he would bring that issue before the Authority. Councilmember Sollecito agreed that the City wants the most economical source of water and until a contract is signed, there is no obligation. Mayor Della Sala opened public comment on the item. Nelson Vega said that CalAm is the Peninsula's current water provider and it would be difficult to change to any other provider. With no further requests to speak, Mayor Della Sala closed public comments. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Uwe Grobecker said that a decision on the Conference Center Upgrade is coming soon. He asked what completing the Downtown plan would cost, and wondered how it would be paid for. He said that the upgrade to the Conference Center would not help the Downtown, and he asked Council to combine the budget for both projects together. Judy Karas thanked the Councilmembers for being here. She said that she is here to speak to Item 13, and Councilmember Haffa said that he is asking to table Item 13 and bring it back at a later date. Ms. Karas said that a Constitutional Amendment is a complicated issue and she said that she will return when the item is brought back for discussion. Michael Hemp, Cannery Row Foundation, announced that they recently celebrated their 30th year. Gabby Abrego and Zana Timister, representatives of Women Rise Monterey, spoke about the importance of supporting CEDAW, which is a United Nations women's equality initiative. They 4  City Council Minutes Tuesday, March 5, 2013 asked that Monterey support CEDAW. Nina Beety asked Council to establish a Drone Free Zone, and asked the City to adopt a Resolution and approach the Naval Post Graduate School. Caludine Assalit asked the Council to not allow Monterey to be a Drone Free City. Lorna Moffett agreed with the two previous speakers. She voiced concerns regarding the slaughter of wild horses by the Federal Bureau of Land Management. She supported Sam Farr's efforts to save the wild horses. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 12. Receive Recommendation on 290 Figueroa Street (S.P. Passenger Depot) from Waterfront Master Plan Subcommittee and Authorize Lease Negotiations with Trailside Café (Plans & Public Works - 704-10) Action: Adopted Resolution No. 13-040 C.S. and directed staff to enter into lease negotiations with the Wharf Marketplace and authorized negotiations with Trailside Café as a back-up if the Marketplace negotiations should fail (3-2; Haffa, Selfridge voting no) Deputy City Manager Plans and Public Works Uslar introduced the item. Property and Housing Manager Marvin summarized the two proposals: Trailside Café and The Wharf Marketplace. On question, Subcommittee Chair McCrone said that the committee was concerned about compliance with the RFP, and the change in plans for the Monterey Marketplace would have had no impact on their recommendation. Councilmembers discussed and clarified the issue of the limit for surrey rentals on the trail. Mayor Della Sala opened the floor to the representatives of the Trailside Café. Sean Allen detailed the Trailside Café proposal. Mayor Della Sala opened the floor to the Wharf Marketplace representatives, who submitted a packet of written materials. Rick Antle gave a presentation and asked the City Council to give him the opportunity to negotiate for the use of the Passenger Depot. Mayor Della Sala called a recess at 9:02 p.m., then reconvened the meeting at 9:14 p.m. Mary Elwood, Anthropologist, reviewed her analysis of the proposals and recommended Trailside as the best fit for the location. Randy David, business owner, supported the Trailside Café. Jeff Souza, server at Trailside Café, spoke in support of the Trailside's proposal. Maxwell Green, private citizen, voiced concerns regarding the Subcommittee process and some of the business practices of each of the two proposers. Patrick Stafford, Realtor working with Mr. Antle, spoke in support of the Marketplace proposal. Mr. Baer spoke in support of the Marketplace solution. Hans Reinvolthe spoke in support of the Trailside Café. Nelson Vega spoke in support of the Marketplace proposal and urged a logical decision. Dale Ellis, Government Affairs Director of the Monterey County Hospitality Association, spoke in support of the Marketplace proposal at the direction of his Board of Directors. Tom Tassas, Monterey resident and employee of Tamura and Antle, spoke in support of the Marketplace proposal. Susan Cavanaugh, Monterey resident and Tamura and Antle employee, spoke in support of the Marketplace proposal. Mike Avila, Avila Construction, spoke in support of Tanamura and Antle, saying that he provided the building improvement estimates for them. Henry Ruhnke voiced his initial concerns when he heard about the intent to lease the building, but said that he now supports the Marketplace proposal. Rob Terese, Ocean Fresh Seafood Company, supported the Marketplace proposal. John Narigi, Monterey Plaza Hotel General Manager, supported the Marketplace proposal. Mary Etta 5  City Council Minutes Tuesday, March 5, 2013 Bain spoke in support of the Marketplace. Meredith Nelson supported Trailside Café, saying that she is concerned about the viability of the Marketplace. Steve Thomas, Monterey native, spoke in support of the Trailside Café. Petra Sellers, teacher, spoke in support of Trailside Café. Michael Hemp, citizen, supported spoke in support of the Trailside Café. Alan Gros, Seaside resident, supported the Trailside Café proposal. Steve Zumak, Marina resident and business owner, spoke in support of the Trailside Café. Greg Poole, CSUMB employee, thanked Tanamura and Antle for their contribution to the campus, and supported the Trailside Café proposal. Chris Shake, Monterey business owner, supported the Marketplace. Kennon Raff spoke in support of the Trailside Café proposal. Ron Allen, former business owner, spoke in support of the Trailside proposal. Having no further requests to speak, Mayor Della Sala closed public comment on the item. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito to adopt Resolution No. 13-040 C.S. and direct staff to enter into lease negotiations with the Wharf Marketplace for use of 290 Figueroa Street (S.P. Passenger Depot); and authorize negotiations with Trailside Café as a back-up if the Marketplace negotiations should fail. Councilmember Downey expressed her interest in helping the Trailside Café find a new location, and said that she believes the Marketplace is a more visionary use for the Depot site. Mayor Della Sala agreed. Councilmember Haffa reminded the Council that there is a recommendation from the Subcommittee and a large amount of support from the community, and he is not sure that the motion is the right action to take. He said he is unsure that locals would frequent the Wharf Marketplace, and the Trailside Café has submitted a more complete proposal. Councilmember Sollecito said that the process was a good one, and it is not a slap in the face to the Subcommittee to not support their recommendation. He said that he would support the motion. Councilmember Selfridge said that she has concerns about the process and hopes that it will be better next time. She agreed with Councilmember Haffa and said she would not support the motion. Mayor Della Sala commended staff for their outreach during the process, and said that it was significant. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Haffa, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS 13. Councilmember Request to Agendize a Resolution Supporting a Constitutional Amendment that Reverses the United States Supreme Court Decision on the Citizens United Case on Federal Campaign Contribution Limits (Haffa - 706-02) Action: Tabled On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the Councilmember Request to agendize a Resolution Supporting a Constitutional Amendment that Reverses the United States Supreme Court Decision on the Citizens United Case on Federal Campaign Contribution Limits: 6 City Council Minutes Tuesday, March 5, 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 Councilmember Sollecito said that he needs time to study the CEDAW request, and is not ignoring the emails being sent to him. He reported on the Monterey Experience Project, saying that they have hired an Executive Director and has an office at the Aquarium. He said that this organization will promote cultural and historical aspects of the City. He said that Thursday at 4:00 the new infield and scoreboard will be dedicated at Sollecito Park. He thanked the NIP for their support. Councilmember Selfridge said that Michael Groves and the community raised over $200,000 for the project. Councilmember Downey reported that Bill Monning declined to put forward legislation regarding liability on the train. She said she is anxious to see the ADA improvements to the Chamber. Councilmember Selfridge asked to agendize the CEDAW request. She said that the City Manager recruiter told her about the Leagues range rider program and she would like to agendize a discussion of an interim City Manager. She said that she would like to agendize a discussion regarding awarding two on-call contractors. Councilmember Sollecito asked to review the bonding required for smaller jobs. Councilmember Haffa agreed that he would like to discuss hiring an Interim City Manager. CITY MANAGER REPORTS Deputy City Manager Plans and Public Works Uslar reported that six pianos will be placed throughout the town as an art and music promotion on March 8-24. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council tabled Closed Session Items CS2 and CS3: 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 Council adjourned to closed session at 10:51 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with Legal Counsel regarding existing litigation, Monterey Wharf Concession No. 3 (Gilbert’s) et al versus City of Monterey, the Council gave confidential direction to their attorney on a unanimous roll call vote. Ms. Gawf reported that the City Council received a report from legal counsel regarding the LaBonte versus City of Monterey existing litigation. She noted that two of the previously scheduled items were tabled earlier prior to the closed session. 7 City Council Minutes Tuesday, March 5, 2013 ADJOURNMENT The City Council adjourned at 11:10 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 8