Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 7, 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, Chief of Planning, Engineering, and Environmental , Principal Planner, Housing & Property Manager, Police Lieutenant, Sustainability Coordinator CALL TO ORDER Mayor Della Sala called the meeting to order at 4:03 p.m. and welcomed MPUSD students . City Manager Meurer introduced and welcomed Interim Finance Director Peggy Lefebvre. PRESENTATIONS 1. Honor US Navy, Presidio of Monterey, for Clean-Up Activities along the Recreation Trail (Plans & Public Works - 701-17) Action: Made presentation Deputy City Manager Uslar introduced the item, and Mayor Della Sala presented the Proclamation. Commander Cooney and Chief Chen made brief comments on behalf of C.I.D. CONSENT ITEMS On the request of Councilmembers, Agenda Items 3, 7, 8, and 11 were removed from the Consent Agenda. On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Items 3, 7, 8, and 11: 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 2. April 16, 2013 (Information Resources - 701-09) Action: Amended and approved Mayor Della Sala noted that there were some minor changes to the April 16th Minutes on the dais and he corrected a typo on page 4, saying that the $100,000 figure regarding public financing of the desal plant should read $100,000,000.  City Council Minutes Tuesday, May 7, 2013 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council amended and approved the April 16, 2013 Minutes: 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 Ordinances 3. 2nd Reading - Amend the Monterey City Code Chapter 18, by Adding Article 7, Sections 18-65 through 18-83, All Relating to Procedures to be Followed in the Formation of a Conference Center Facilities District to Provide a Funding Mechanism for the Preferred Alternative for Monterey Conference Center Renovation and Upgrade (Finance - 407-08) Action: Removed from Consent; discussed; adopted Ordinance No. 3479 (4-0-1; Della Sala not participating) Mayor Della Sala recused himself from hearing this item due to a potential conflict of interest. He handed the gavel to Vice Mayor Selfridge and left the Chamber. Councilmember Haffa requested a cost benefit analysis of the upgrade to the Conference Center. City Manager Meurer asked for clarification of the scope of the analysis, and Mr. Haffa confirmed that a comparison of the amount of TOT generated by the current occupancy rate with the expected TOT from projected occupancy rates would be sufficient. Councilmember Selfridge asked to see a profit and loss statement for the Conference Center and also asked what percentage of the City's TOT comes from conferences. Councilmember Downey said that Council has asked that the hoteliers get together in the next five months to discuss the ramifications of this funding mechanism and to take straw votes. She asked if those discussions are taking place, and City Manager Meurer said that yes, the discussions on this matter are continuing. He noted that the hotel owners are reviewing the possible options in order to maximize their benefit. Councilmember Sollecito noted that if the hotel property owners do not support this, it will not happen. City Manager Meurer outlined some of the public outreach that is being done on this matter. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Ordinance 3479 C.S., amending the Monterey City Code Chapter 18, by adding Article 7, Sections 18-65 through 18-83, all relating to procedures to be followed in the formation of a Conference Center Facilities District to provide a funding mechanism for the preferred alternative for the Monterey Conference Center renovation and upgrade: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala 2  City Council Minutes Tuesday, May 7, 2013 Mayor Della Sala returned to the dais and Vice Mayor Selfridge handed him the gavel. Resolutions 4. Receive Alvarado Street Maintenance District 85-1 Engineer's Report, Adopt Resolution of Intention to Levy Assessment, and Set Time for Public Hearing (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-058 C.S. 5. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report, Adopt a Resolution of Intention to Levy Assessment, and Set Time for Public Hearing (Plans & Public Works - 407- 08) Action: Adopted Resolution No. 13-059 C.S. 6. Consider Issuance of Request for Proposal (RFP) for Supervised Weight Loss Program at the Monterey Sports Center (Recreation & Community Services - 309-03) Action: Adopted Resolution No. 13-060 C.S. 7. Direct Staff to Release a Request for Proposal (RFP) for Alvarado Street Outdoor Seating and Initiate a Municipal Code Amendment for Chapter 22, Article 22, Section 22-1 to Allow Outdoor Alcohol Sales (Plans & Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-061 C.S. On question, Chief of Planning Rerig addressed Councilmember Haffa's concerns regarding a meandering sidewalk, saying that this would add to the visual interest of the street as well as comply with the draft Downtown Specific Plan. He clarified that the encroachment of the public space is under the purview of the City Council, and outdoor seating is reviewed by the ARC. On further question, he explained that there is no fee proposed at this time, but that the project is designed to enhance the Downtown and attract more individuals to the area. City Attorney Davi said that if Council decides to adopt an ordinance in the future, fees could be imposed through that ordinance. Mr. Rerig said that the RFP indicates that the City reserves the right to modify or revoke the use permit. Mayor Della Sala opened public comment on the item. Henry Ruhnke said that Cafe Trieste will be spending in excess of $50,000 on their outdoor seating area and the owners of Cibo would be spending about $250,000 on theirs. He asked for Council's support. Charles Wilson said that he is looking forward to the installation of outdoor seating in Monterey. Having no further requests to speak, Mayor Della Sala closed public comment on the item. City Manager Meurer clarified that tonight's action would approve a process, not a specific project. Councilmember Haffa said that while he likes the idea, he is not comfortable that there is a clear vision. He said that he would be more comfortable if the Planning Commission looks at this matter before Council acts. Councilmember Sollecito said that this action does not approve a particular project, and he supports voting for the process. On question, City Manager Meurer said that alcohol sales are more likely to be approved if outdoor seating is against the building. Councilmember Sollecito said that the ARC would review any projects that come forward, and Mr. Haffa suggested that if this RFP moves forward, the Planning Commission could develop a vision for outdoor seating in the meantime. 3  City Council Minutes Tuesday, May 7, 2013 On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-061 C.S., directing staff to release a Request for Proposal for Alvarado Street outdoor seating; to initiate a Municipal Code amendment of Chapter 22, Article 22, Section 22-1 to allow outdoor alcohol sales; and directing the Subcommittee that reviews the proposals to review both types of seating venues, business- side and parking space, to see how each fits into the vision for the Downtown; and directing staff to return the matter to the City Council for review: 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. Authorize a New Lease with Tanimura & Antle Value Added, LLC dba The Wharf Marketplace for the S.P. Passenger Depot (290 Figueroa Street) (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; adopted Resolution No. 13-062 C.S. Chief of Planning Rerig gave a brief staff report. Councilmember Haffa said that while he supported the other candidate’s proposal for the depot, he will support the Council majority with regard to this action. He acknowledged that the negotiations on this item were done with due diligence. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 13-062 C.S., authorizing a New Lease with Tanimura & Antle Value Added, LLC dba The Wharf Marketplace for the S.P. Passenger Depot (290 Figueroa Street): 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. Authorize Payment of the City of Monterey’s Pro-Rata Costs Related to the Formation of the Regional Taxi Authority (RTA) and Forgiveness of the City’s Initial RTA Start-Up Contribution (Police - 813-04) Action: Adopted Resolution No. 13-063 C.S. 10. Authorize the City Manager to enter into a Memorandum of Understanding with the City of Salinas and Monterey County Destination Marketing Organization, Inc., doing business as the Monterey County Convention and Visitors Bureau, and Salinas Valley Tourism and Visitors Bureau, Inc. with respect to the California Welcome Center located in Salinas, California (Finance - 307-04) Action: Adopted Resolution No. 13-064 C.S. 11. Authorize Mayor to Sign a Letter Opposing AB 5 - Homeless Person’s Bill of Rights and Fairness Act (Recreation & Community Services - 101-03) Action: Approved (4-1; Haffa voting no) 4 City Council Minutes Tuesday, May 7, 2013 Councilmember Haffa said that he understands that this bill continues to be revised, and he questioned if it is wise to take this action at this time. City Manager Meurer reported that staff contacted the League of California Cities and there are still a number of concerns that Monterey shares with the League regarding this bill. Mayor Della Sala opened public comment on the item. Charles Wilson, Monterey resident, supported sending the letter, saying that it would be better for the City to devise their own solutions rather than being subject to State mandates. He made several suggestions regarding possible solutions. Maxwell Green, private citizen, said that AB5 should be given the benefit of the doubt. He said that there is a lot of animosity against homelessness in Monterey. Lilly Armstrong, local citizen, said that she moved to Monterey so her children could attend MPC. She said that she moved next to a hoarding situation, and nothing was done after a multitude of calls because she was stuck in bureaucratic red tape. She supported changing code enforcement. She said that she was forced to move because of health concerns. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that AB5 is a very bad bill, and the cities do not trust the State. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to authorize the Mayor to sign a letter opposing AB 5 - Homeless Person’s Bill of Rights and Fairness Act: Councilmember Haffa said that he understands unfunded mandates, but that he cannot support the motion because he believes that it has the potential to become a very good bill. He said that it would be more prudent to wait and see how the bill evolves, and this action is premature and reactionary. Councilmember Selfridge said that she would like to develop City of Monterey ordinances to solve Monterey's problems. Mayor Della Sala said that it is important to take a stand against state bills if the Council believes they are wrong. Councilmember Downey said that the state bill's mandates would be overwhelming. 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 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Leonard O'Neil, Hotel Workers of Monterey and Santa Cruz, asked Council to pass a resolution supporting the federal immigration bill to support the workers. Gary Carnes, Central Coast Coalition for Immigration Reform volunteer, asked the Council to pass a resolution supporting the federal immigration bill, saying that the U.S. Conference of Mayors supports comprehensive immigration reform. Sergio Rankel, immigrant from Mexico said that immigration reform is broken, and he supported passing a resolution supporting comprehensive immigration reform. Mr. Williams, City 5 City Council Minutes Tuesday, May 7, 2013 volunteer, said that he picks up trash for the City, and he sees a lot of trash that should not be there and it seems the City is not doing anything about it. He suggested placing cameras to monitor traffic signals. Julie Pizzo, hospitality industry worker, spoke in support of passing a resolution supporting comprehensive immigration reform. Alex Peterson, Monterey High School teacher, thanked the Council for allowing access to the Council Chamber for the students. He thanked Council for their work. Having no further requests to speak, Mayor Della Sala closed public comment and called a recess at 5:43 p.m. Mayor Della Sala reconvened the City Council meeting at 7:02 p.m. All Councilmembers were present. WATER UPDATE Mayor Della Sala reported that Monterey Peninsula Regional Water Authority held a workshop with Monterey Peninsula Water Management District to detail and discuss how best to meet the California Public Utilities Commission rules. He said that a request is being submitted to the CPUC to hold the settlement negotiations in public. He said that a private settlement negotiation is currently scheduled for Monday, May 13th. The Mayor reported that Fish and Game has requested an alternate site for the desal plant due to the presence of the Snowy Plover. He reported on the potential to strike an energy agreement with the landfill in Marina to harvest the methane gas from that location and use it as a power supply. He said that an application has been submitted for public financing. Mayor Della Sala announced that a GWR workshop is scheduled in June. He reported on the TAC's criteria that have been set so the public can get the biggest bang for the buck, saying that the Board will review it at their next meeting. He reviewed the schedule for the design build services award. Councilmember Sollecito requested that a member of the Taxpayers' Association be invited to give a presentation on the effect higher-priced water on utility taxes. Council agreed that it would be appropriate. Councilmember Downey shared a graph of the proposed advanced water purification process for GWR. She reviewed how Dallas, Fort Worth, and Houston use GWR to replenish their water supplies, explaining how a similar process happens with the Carmel River. Mayor Della Sala opened the discussion to the public. Nelson Vega noted that the Water Authority has accomplished a lot in a short time. He urged the Authority to work with the State Water Board to push the drop dead date out as far as possible so the cost can be studied. He discussed how the ground water that is used by the Salinas Valley agricultural community is not held here, and suggested that the Peninsula has another 6000 acre-feet of water. He suggested paying off the water bond early to access that additional water. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Downey gave a brief history of the agreement with the agricultural community. She explained that a large portion of the water is not being used and is being dumped into the ocean. She reviewed that the third amendment to their agreement allows the Peninsula to use 3500 a.f. of that unused portion. Councilmember Sollecito agreed that the Authority should try to get the deadline pushed out. He suggested that if there is a legal document with the agricultural community, it might be necessary to go to court to gain access to the unused portion of water. Ms. Downey said that the major expense for desal is energy and it is important to work with Waste Management District to use the methane gas and get a good price, but she has not seen any progress on a deal between Waste Management and CalAm. Mayor Della Sala said that the three major costs are energy, interest rates, and the return for Cal Am. 6  City Council Minutes Tuesday, May 7, 2013 He said that it is important to show some progress on increasing the water supply in order to request an extension of the deadline in the CDO. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Reverend Alice Ann Glenn asked Council to agendize an immigration reform resolution. Timothy Barrett thanked the Council for creating transparency in the water issue. He asked Council to pass a resolution supporting the Comprehensive Immigration Reform Act. Daniel McCormick, Monterey resident, asked Council to agendize and pass a resolution in support of comprehensive immigration reform. Christopher Marohn, Liberty Initiative Group, supported a resolution on immigration reform. Joanne Hague said that she practiced immigration law for a number of years. She supported agendizing and passing an immigration reform resolution. Maxwell Green spoke in support of Council passing a resolution on immigration reform. Having no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 12. Receive a Report on Results of the 2013 National Citizen Survey in Monterey (City Manager - 101-14) Action: Received report Community Outreach and Communications Manager McGrath presented the staff report. Assistant Finance Director Porter briefly reviewed the internal performance measurement program that is being done in conjunction with the ICMA survey process. Councilmembers reviewed some of the survey results. Mayor Della Sala opened public comment on the item. Nelson Vega commented on the results of the one-way Alvarado survey, saying that it is important to understand the studies that were conducted on that issue and we should not move backward because of one set of survey results. He said that the better way to increase housing is to allow greater density and let the private markets work, rather than government getting involved. Having no further requests to speak, Mayor Della Sala closed public comment on the item. PUBLIC APPEARANCE 13. Retain Twenty-Five Cent Bag Fee in Accordance with Ordinance 3471 Adopted on December 20, 2011. (Plans & Public Works - 802-12) Action: Retained twenty-five cent fee Chief of Planning Rerig introduced the item, and Sustainability Coordinator Terrasas presented the report. Councilmember Sollecito said that he has seen evidence that the ban is working, but he believes that the automatic raise was a mistake. On question, Mr. Terrasas said that additional CEQA review would cost a significant amount of staff time to complete. Councilmember Downey said that she initially asked that this item be brought back when she received complaints about the twenty-five cent fee, but she now believes it should remain as is. On question, City Attorney Davi said that there is a concern that changing the fee back to ten cents could cause CEQA issues. 7 City Council Minutes Tuesday, May 7, 2013 Mayor Della Sala opened public comment on the item. Vicky Pierce, Co Chair of Sustainable Pacific Grove spoke in support of retaining the twenty-five cent fee. Megan Tolbert, Monterey resident commended Mr. Terrasas on his presentation. She supported retaining the ordinance as is. William Merry, General Manager of the Monterey Regional Waste Management District, supported retaining the twenty-five cent fee. Laura Casa, Executive Director at Save Our Shores, explained some of the data cited and supported the staff recommendation. Peggy Stap, Director of Marine Life Studies non-profit, spoke in support of the twenty-five cent fee. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council retained the twenty-five cent bag fee in accordance with Ordinance 3471 adopted on December 20, 2011.: 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 COMMENTS Councilmember Sollecito said that the serves on the Public Safety on the National League of Cities, and he reported on bills at the state level regarding limitations on drones and that he had voted against those bills. Councilmember Downey said that there are a number of residents in the Skyline area who are worried about Vet's Park having camping spaces for the homeless and she does not believe that is even on the radar. She thanked the Monterey PD for their work on the Taxi Authority. She asked to agendize having the Council Comments at the beginning of the meeting. Councilmember Selfridge asked to agendize a discussion on comprehensive immigration reform. She said congratulated the Monterey High Dance group for the Spring Concert. She congratulated Youth Music Monterey on their 25th anniversary. She asked to have the Conference Center cost analysis by the next meeting. Councilmember Haffa agreed that Monterey should take up the discussion on immigration. Councilmember Sollecito asked staff to get back to Council about the progress on bringing the sister city plaques more to the forefront. Councilmember Selfridge said that she has been asked to attend a conference on US- Azerbaijan relationships at the end of this month, and she hopes to have more information regarding a “Friendship Park” after returning from that conference. Mayor Della Sala reported that the American Le Mans race will be this weekend at Laguna Seca, and he reminded everyone that the people who attend that race bring a great deal of revenue to the City. He asked for patience with the resulting increased traffic. CITY MANAGER REPORTS City Manager Meurer reported that the Pacific-Del Monte intersection construction should be completed ahead of schedule by Memorial Day. He reported that May 18 is the scheduled date for the homeless symposium, and the Council’s May 21 agenda will include the Budget, CIP, NIP, and a discussion on homelessness. He asked Council and the community to consider 8 City Council Minutes Tuesday, May 7, 2013 Monterey’s past funding of the homeless issue, the public safety component designed to minimize the impact, and whether to reallocate current resources. He asked Council to consider what they want Monterey to achieve regarding homelessness and how to measure that. Mr. Meurer suggested that the Retreat be postponed until the new City Manager is on board, and the Councilmembers agreed. Mayor Della Sala offered an opportunity for public comment on the closed session item, and having no requests to speak, he closed the floor and Council adjourned to closed session at 9:37 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources/City Clerk Gawf announced that the City Council continued a conference with labor negotiators for employee organizations GEM, MEA, MPA, PLMA, FMA, MFFA, Assistant Fire Chief, and Assistant Police Chief to Tuesday May 14, 2013 at 4:00 p.m. at 735 Pacific Street in the Orca Room ADJOURNMENT Having no further business to conduct, the Council adjourned at 11:25 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 9