Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 21, 2013 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, 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, Library/Community Services Director, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Interim Finance Director, Assistant Finance Director, Building Official CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognize Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-17) Action: Made presentation Mayor Della Sala read a proclamation and presented it to Specialist Tyler D. Benjamin, who made brief comments. On behalf of Staff Sergeant Tyler M. Demeuse, Mr. Clifton accepted a proclamation. CONSENT ITEMS City Manager Meurer said that he has a request to pull Items 4, 5, and 6 from the Consent agenda. Councilmember Haffa asked to comment on Item 8. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Items 4, 5, 6, and 8: 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 24, 2013 (Information Resources - 701-09) Action: Approved 3. May 7, 2013 (Information Resources - 701-09) Action: Amended and approved  City Council Minutes Tuesday, May 21, 2013 Resolutions Mayor Della Sala recused himself from hearing Items 4, 5, and 6, handled the gavel to Vice Mayor Selfridge, and exited the Chamber. 4. Award Contract to Orrick, Herrington & Sutcliffe, LLP to provide Bond and Disclosure Counsel in Connection with the Formation of the Conference Center Community Facilities District and the Issuance and Sale of Bonds, and Authorize a Transfer and Appropriation of Funds (Finance - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-065 C.S. (4-0-1; Della Sala not participating) Council agreed to hear one staff report combining the three items, 4, 5, and 6, and City Manager Meurer introduced those items. He said that two hotels have come together and agreed to pay up to $52,000 to alleviate the City's potential exposure if the bonds are not ultimately approved. Interim Finance Director Lefebvre explained that if the bonding process moves forward, the entire amount will be paid via the bond proceeds. She reviewed the timeline for the various contract services. On question, Mr. Meurer explained that it is important to move forward with these contracts so the details of the formula could be worked out. Councilmember Downey said that she would prefer that the hoteliers conduct a straw vote before the Council considers these contracts. Councilmember Sollecito said that since the City's liability is zero, he does not understand the reluctance to approve the contracts. Councilmember Haffa asked if there is a one hundred percent guarantee that the City would have no liability, and City Manager Meurer confirmed that is true. Vice Mayor Selfridge opened public comment on the item. Arthur Simons, Monterey Vista Neighborhood Board Member, said that the citizens are providing the City's valuable real estate for this venture. He said that his neighborhood’s questions went unanswered. He said that his personal opinion is that the area could be better used, and he suggested doing some market research to determine the best use. Uwe Grobecker asked that the weighted voting process be better explained to the public. He compared the operation of the San Diego Conference Center with Monterey. He suggested that Council set a strategic plan on how the Downtown Plan and Waterfront Plan would be implemented. Joyce Vandevere voiced concerns regarding the issuance of bonds in the current economic climate. She said that if the hotels go under, the City would be responsible for the debt. Maxwell Green, citizen, said that he has talked to the hotels in his neighborhood, and they were not aware of the details of the expansion. Daniel, local artist, suggested that making Monterey more beautiful would be a better way to stimulate the economy. Rick Heuer, speaking as an individual who has been involved in the hospitality industry, explained that the Conference Center generates a large amount of TOT, and this proposal has no exposure for the City. He urged the Council to continue to move forward with this matter and said that there is a strong forecast for the hotel industry. He said that it is important to keep the industry healthy. Mr. Winters said that he is homeless said that he heard the word "con" many times tonight and it means against. Sara Louise said that she is homeless and it is difficult to get a hotel room. She said that the Conference Center is extremely important and she supported the staff recommendation. Rene Boskoff, General Manager of Monterey Marriott, explained that under the anti-trust law the hoteliers are not allowed to share financial information with each other, so it is necessary to have a third party to have access to the data and determine the formula. He explained that there 2  City Council Minutes Tuesday, May 21, 2013 is nothing to take a straw vote on until a third party makes that determination. He emphasized the need to upgrade the Conference Center. John Narigi, Monterey Plaza Hotel General Manager, voiced concerns regarding the Council's reluctance on these items. He said that he is ready to invest in the Conference Center, and they need the professionals to assist them in this endeavor. He said that the tourist industry is the lifeblood of the City, and the Conference Center is outdated. He urged the Council to approve these items tonight. Sean Henshall, team member at one of the inns on Munras Avenue, said that the Conference Center redevelopment will benefit the smaller inns. He said that they depend on the Conference Center to keep their hotel up to date and can benefit the community. Nelson Vega, apartment owner, said that the Conference Center is the building block for the City. He said that a delay tonight adds to the timeline of the upgrade and would cost the City more than $50,000. He asked Council to move forward on these items tonight to help employ people. Jodi Hansen, CEO of the Monterey Peninsula Chamber of Commerce, said that the City needs a functional Conference Center. She asked Council not to delay any further. Rachel Soude, smaller hotel owner, said that they see benefits from the Conference Center. She said that it creates jobs and she supported the staff recommendation. Vice Mayor Selfridge closed public comments. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to: 1) adopt Resolution No. 13-065 C.S., awarding a contract to Orrick, Herrington & Sutcliffe, LLP to provide bond and disclosure counsel in connection with the formation of the Conference Center Community Facilities District and the Issuance and Sale of Bonds, and authorizing a transfer and appropriation of funds; 2) adopt Resolution No. 13-066 C.S., awarding a contract to Fieldman, Rolapp & Associates for Financial advisory services related to the Conference Center Financing District and associated bond issuance and authorizing a transfer and appropriation of funds; 3) adopt Resolution No. 13-067 C.S., awarding a contract to Raftelis Financial Consultants for special tax consulting services for the formation of the proposed Conference Center Facilities District and authorizing a transfer and appropriation of funds; and 4) stipulating that to begin this process there would be a limit of spending no more than $51,000 without approval of the Council on items 5 and 6. Councilmember Haffa said that staff must do more outreach to the community on this matter so it does not end up like the public service center project. He said that with that he would support the motion. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala 5. Award Contract to Fieldman, Rolapp & Associates for Financial Advisory Services Related to the Conference Center Financing District and Associated Bond Issuance, and Authorize a Transfer and Appropriation of Funds (Finance - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-066 C.S. (4-0-1; Della Sala not participating) 3  City Council Minutes Tuesday, May 21, 2013 6. Award Contract to Raftelis Financial Consultants for Special Tax Consulting Services for the Formation of the Proposed Conference Center Facilities District, and Authorize a Transfer and Appropriation of Funds (Finance - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-067 C.S. (4-0-1; Della Sala not participating) 7. Authorize Appropriation of Funds and Approve Use of City Property for 4th of July Monterey County Pops! Concert on July 4, 2013 (Recreation & Community Services - 406-04) Action: Adopted Resolution No. 13-068 C.S. 8. Amend Encroachment Permit for Outdoor Seating at 409 Alvarado Street (Plans & Public Works - 202-02) Action: Discussed; adopted Resolution No. 13-069 C.S. Councilmember Haffa asked if the Planning Commission would be reviewing the meandering streetscape issue soon, and staff clarified that a subcommittee would look at that issue. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-069 C.S., amending the encroachment permit for outdoor seating at 409 Alvarado 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 Waiver of Fees for 1st Annual Monterey Beach Open Volleyball Tournament on August 3-4, 2013 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 13-070 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala suggested moving Item 10 to right before Item 16. Councilmember Haffa said that he has a problem with moving the item to that late in the evening. He said that the items would be taken up in order during the evening session. Mayor Della Sala opened the floor for public comments on items not on the agenda. Larry Parrish reported on the homeless symposium last Saturday, saying that the organizers showed a lot of leadership and deserved gratitude. He asked Council to move Item 16 to a different meeting and wait for the report from the symposium. Robert Norris, Santa Cruz resident, said that he is concerned regarding civil rights. He suggested a new ordinance that people who sleep outside would not be disturbed, but that they are responsible for litter. Cathy Giamanco suggested that Council place a sign, "Meeting in Session" on the steps outside to help with the noise in the back of the room. She said that people should not clap. Sara Louise said that everybody needs to concentrate on what they do best, and balance is what everyone is after. Timothy Wynn asked Council to consider problems with EMS at a future study session, Don Williams asked where the sewage system goes. He said that the Lake El Estero is dirty, and should not be dumped into the Bay. He voiced concerns regarding the bicyclists and children sharing the Rec trail. Having no further requests to speak, Mayor Della Sala closed public comments. 4  City Council Minutes Tuesday, May 21, 2013 Council recessed at 5:57 p.m. Mayor Della Sala called the meeting back to order at 7:00 p.m. and all Councilmembers were present. Councilmember Sollecito reported that Chris Martin has been working on the Great Pacific Race from Monterey to Hawaii, and the port of Monterey has been chosen as the starting point for this race. He thanked Joe Headley and Mr. Martin for their work on behalf of Monterey. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued Items 11 and 12 to May 29, 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 On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council changed the order of the Agenda to move Item 16 to be heard immediately following Item 10: 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 PUBLIC APPEARANCE 10. Review Options and Provide Direction on Smoking, Overnight Parking, and Sit/Lie Ordinances (Police - 607-09) Action: Directed staff to investigate and bring back a no smoking ordinance for Fisherman’s Wharf and Downtown (4-1; Selfridge voting no); directed staff to Investigate overnight parking restrictions in all commercial parking areas in conjunction with investigating a safe parking program within the region, including investigating using church parking lots; directed staff not to bring back a sit-lie ordinance at this time Police Chief Penko presented the staff report and answered Councilmembers’ questions. Mayor Della Sala opened the floor for public comments. Sydney Ramkin Scott said that she does not feel fear when walking through Monterey, and she suggested placing outdoor seating and planter boxes, similar to Santa Cruz. Phil Livernois said that a sit-lie law is perceived to be against homeless people, and another law is not needed. Sara Louise, homeless, said that the police are very kind. She said that she never thought she would be homeless and it is important to work together. Joyce Vandevere, retired kindergarten teacher, said that telling people no is not the answer. She suggested having positive alternatives for people. Rick Johnson, Executive Director of OMBA, said that solutions to this problem depend on having money to pay for them, and money is dependent on a good economy. He said that panhandling has been a problem Downtown and he urged Council to obtain the information on ordinances. James Bas, Unitarian Universalist 5 City Council Minutes Tuesday, May 21, 2013 Church Sexton, suggested putting together a team of volunteers to work on this issue. Larry Parrish, Homeless Solutions Action Network, spoke in opposition to enacting a sit-lie law. Jason Wadell spoke in opposition to sit-lie ordinances. Colin Gallagher said that a sit-lie ordinance is prima fascia unconstitutional, and it would be challenged. He said it is a mistake to consider it. Diane Cotton, retired high school guidance counselor, recounted stories about homeless children she has worked with, and said that homelessness should not be addressed by ordinances. Don Williams said that veterans can obtain help through the VA. He said it is important that the homeless individuals need to do something other than sit around. Jan Black, Monterey County Central Committee member, read a resolution passed by her committee. Adam Conterras said that homelessness is a problem, but homeless people should not be described as a problem. Henry Runhke, business owner on Garden Road, presented slides showing campers, trailers, and dilapidated vehicles parked along Garden Road. He asked Council to consider limitations on parking in that area. Rachel Soude said that her hotel has experienced a problem with campers parked on the street nearby, where littering occurs and camper owners have plugged extension cords in to their hotel. Fred Goldsmith, Monterey citizen, said there are likely a number of citizens who are not comfortable coming to this venue to speak about the issue. He urged Council to separate the issues of panhandling from homelessness. Jack Ryan, building owner in the Downtown, said that there have been health issues near his building with human feces around the building. Jaycee Romero said that he has never handled a pan, but he does take donations and helps his homeless friends. He said that the Police Officers follow him around all day. Maxwell Green, private citizen, disagreed with Council’s action to oppose AB5. He said that there is no connection between crime and homelessness. Jason Storm, homeless full time college student, said that he is doing the best he can. He asked the Council to use compassion and wisdom. Kenny Holmes Royce, business owner and student, said that he had been homeless in the past. He asked Council to be compassionate. Tim Wilson, New Monterey resident, noted that people can become homeless in a moment, as in the event of a tornado. He opposed passing a sit-lie ordinance. Jeremy Schrock, homeless individual, said that he was camped in the woods and his camp was torn up and posted with signs that said he was trespassing and would have to remove his items. He opposed a sit-lie ordinance. Heberd Olsen, Monterey resident, urged cooperation between the police and homeless individuals. Shondra Holmes Royce said that this is a homeless issue and the homeless people have rights like every other American citizen. Julie Pizzo, Monterey resident, said that she enjoys having people on the street. She opposed passing new ordinances. Dr. Tia Sukin, Monterey resident, opposed passing new ordinances. She quoted a portion of a letter from Willard McCrone. Arleen Neason, Downtown property owner and manager, said that there is a small group of individuals that are aggressively targeting businesses. She expressed her appreciation to the Council. Timothy Wynn, homeless person, said that he has not recently had trouble with the Police. He expressed his appreciation for the City’s participation in the symposium. Ron Amato said it is inappropriate to use Veteran’s Park as a homeless enclave because it is in a residential area and it would not solve the problem. He said programs need to get people out of homelessness, not encourage it. Mike Marotta, commercial property owner in Downtown Monterey, said that he has great compassion for homeless and there are ways to help them, such as through the Salvation Army. He said that it is not fair for panhandlers to stand in front of someone’s business and ask for money from the businesses’ potential customers. Christian Brusch said it might make sense to 6 City Council Minutes Tuesday, May 21, 2013 prohibit smoking on the Wharf, but ash trays could be placed in other areas to prevent littering. Alex Winter said that Monterey has one of the fairest police forces in California. He said that there is no more middle class in America. Lisa spoke in opposition to the new ordinances that are being proposed. She suggested using some of the ideas that came out of the symposium. Julie said that money is the root of all evil. She said that the homeless are a vital part of the community. John Clark agreed with the Homeless Issues Action Network initiatives, including opening city-owned parking areas for people to park at night. Nelson Vega said that property rights are the cornerstone of this country. He said that the City has a problem. He said that the economy is built on business and it is important to have mutual respect. An unidentified gentleman said that public urination is ridiculous, and it is probably done by people leaving the bars. Gretchen Nicholas said that she coordinates the I-HELP dinners for her church. She said that anybody could become homeless today. She said that it is important to create jobs for homeless people. Robert Norris said that most of the people that came here tonight oppose the passage of ordinances. He urged Council to look at statistics and not to criminalize people. Luis Osorio said that it is striking that we are complaining about homeless people. He said that homeless people are the same as him. He opposed new ordinances and urged collaboration. Matthew Sundt, Monterey resident, suggested providing alternatives, such as increasing the number of toilets and providing a place to park. Timothy Barrett, Monterey Peninsula resident, noted that Monterey County Democrats have taken a position against punitive measures. He cited a Berkeley paper that said that there is no correlation between sit-lie laws and an increase in business. “Nobody” said that homelessness is a worldwide problem and said that she is a homeless advocate and was homeless herself for seven years. She spoke in opposition to passing new ordinances. A Monterey Bay citizen said that this is a tough decision for Councilmembers. He said that he was taking a walk with his young daughter in Monterey when a number of aggressive panhandlers approached him and his family. Dennis Duke, Monterey resident, spoke in favor of the no smoking ordinance and said that there is a problem with overnight parking on Garden Road. He said that more restrooms are planned. Bob Oliver said that the water issue affects homeless people. He said things must change. Sunny Fawcett said that the MPC symposium was wonderful. She said that she values helping people. She opposed the sit-lie ordinance. Jessie Quinley said that some friends of his will be getting out of rehab soon, and it is important to help people. An unidentified gentleman agreed that it is important to create opportunities for homeless people, such as the Santa Cruz community garden project. He opposed passing new ordinances. Erika said that she interviewed homeless people and wrote about them. She voiced concerns regarding how they are treated. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said he does not believe in making more laws, and would rather enforce the laws that are already on the books. He supported no smoking on the Wharf. He urged business owners to call the police if someone is intimidating customers. He supported limiting overnight parking in certain areas. Mayor Della Sala suggested voting on each of the three proposed ordinances. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the Council directed staff to investigate banning smoking on Fisherman’s Wharf and Downtown: 7 City Council Minutes Tuesday, May 21, 2013 AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala suggested consideration to direct staff to look into restricting parking in commercial areas. Councilmember Haffa supports looking into this issue only if we look at safe parking lot. It was moved by Councilmember Haffa, and seconded by Councilmember Selfridge to direct staff to investigate a safe parking lot and restricting parking in commercial areas. Councilmember Sollecito suggested amending motion to make it a regional, solution, and Mr. Haffa declined. Councilmember Downey said that parking needs to be restricted near Roberts Lake. She said that parking at churches would be a better venue for safe parking. Councilmember Haffa clarified that the solution would involve church parking lots Mayor Della Sala asked for that the motion be clarified to state that it is to Investigate overnight parking restrictions in all commercial parking areas in conjunction with investigating a safe parking program within the region, including parking in church lots. The motion maker and seconder agreed. The motion carried by the following vote: 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 Downey asked to have statistics from the police regarding if the existing ordinance is adequate. City Manager Meurer suggested that OMBA could participate. Mayor Della Sala moved, and Councilmember Sollecito seconded that the City would not entertain a sit-lie ordinance at this time. The motion carried by the following vote: 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 Haffa read from the writings of Martin Luther King, who was in jail for sitting where African-Americans were not allowed to sit. He said that sit-lie law is unjust and he does not want it brought back. Mayor Della Sala called a recess at 10:40 p.m., and reconvened the Council at 10:50 p.m. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council Continued Item 15 to May 29, 2013 due to the lateness of the hour: 8  City Council Minutes Tuesday, May 21, 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 On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council decided to take up Item 13 as the next item on the agenda: 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. 1st Reading to Repeal Monterey City Code section 22-18.1 Oral Advertising Prohibited on Municipal Wharf #1 (City Attorney - 904-17) Action: Passed Ordinance to print City Attorney Davi presented the staff report. Mayor Della Sala opened public comment on the item. Pam Silkwood, on behalf of James Gilbert, spoke in support of the proposed ordinance. She voiced concerns regarding the distribution of food samples. Timothy Glenn said that a friend sells items on the Wharf and was told it was illegal. Dale Ellis, on behalf of the Shake family, agreed with Ms. Silkwood and urged the City to look at the sample carts. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council passed an Ordinance to print repealing Monterey City Code Section 22-18.1, Oral Advertising Prohibited on Municipal Wharf #1: 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 16. Review Options and Provide Direction on Social Policy Programs for People Experiencing Homelessness in the City of Monterey (Recreation & Community Services - 101-03) Action: Council directed that all neighborhood parks remain as they currently are; Directed staff to investigate police officer liaison with social works or restorative justice training, give MST bus passes to hand out, a jobs program encouraged by the City, and investigate a collaboration for a regional shelter City Manager Meurer introduced the item, and Community Services Director Bui-Burton presented the staff report. Councilmember Sollecito said that it is important to continue to make good business decisions in order to increase revenues. Councilmember Haffa agreed that Council needs to support economic development and ask questions as to the type of jobs that a development would produce. Mayor Della Sala agreed. 9 City Council Minutes Tuesday, May 21, 2013 Mayor Della Sala opened public comment on the item. Council agreed that each speaker would be given two minutes to speak. Demetrius Castros, Skyline Homeowners Association, spoke in opposition to altering the use of Veterans Park. Timothy Glenn said he would prepare a package of ideas on how to address the situation. Dr. Tia Suken supported a unified suite of services, a safe car park program, a jobs program, and advocating for a regional shelter in the area. She read from Mr. McCrone’s letter to the City Council. Michael Fector, humorist and charity worker, said that he acts as a street ambassador and he supported that idea. He said it is important to take action. Arthur Pasquinelli, President of the Skyline Neighborhood Association, said that the Veteran’s Park facility works well as it is now and he asked Council not to allow longer term camping and to keep the current rules. Jody Hansen, President and CEO of the Chamber, spoke on behalf of local businesses. Maxwell Green, private citizen, reviewed statistics from the City of San Diego, saying that addressing the homeless issues appears to have helped them reduce crime and homelessness. Heberd Olsen, Monterey resident, asked Council to look at several other cities’ programs. He said cooperating with other cities would be an advantage. He suggested employing the homeless people in appropriate jobs. Joyce Vandevere supported overnight parking, open bathrooms, adding benches, and establishing a camping site. Elizabeth Yannish, Monterey resident, proposed forming a liaison group between businesses, non-profits, and City staff. She suggested vocational training. Dennis Dukes, Skylline Forest, said that Veteran’s park needs to stay a community park. James Bas, Homeless Solutions Action Network, said that he struggled for almost five years with homelessness. He said that the way out of homelessness is through an advocacy program. He said he would volunteer for the program. Christopher Ryan, volunteer, spoke in support of additional programs. Timothy Barrett said that the community is failing the homeless. He suggested preventative programs. Lisa said that Veteran’s Park does not have the space to accommodate enough people. She suggested that work programs might assist some people. Irene Mastellar, Monterey Peninsula resident, said that business is one of Council’s biggest concerns. She urged Council to be more creative in order to help businesses and the homeless. Nelson Vega said that this is a problem that is beyond the City Council. He said that the City needs business people to create economic prosperity and create jobs. He said the City should not enable homelessness. With no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, that Veterans Park shall remain as is and continue as is. Mayor Della Sala asked to amend the motion to say “any neighborhood park,” and the motion maker and seconder agreed. The motion carried by the following vote: 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 Downey suggested that volunteer police might be an economic way to address the problems. She said that an ambassador would be nice to have if Council can find the money. She supported having receptacles to take donations for non-profits as a good idea. She said there might be opportunities for housing at Fort Ord. She suggested providing bus tickets for people to travel to a shelter or day center. 10  City Council Minutes Tuesday, May 21, 2013 Deputy City Manager Uslar reminded Council that the City’s challenges are huge regarding water, infrastructure, and base closures. Ms. Downey said that she agrees with Mr. Vega that Council should not be in the business of social services. Councilmember Sollecito said that in the 1970s there were unsafe streets, but today the streets are safe. He said that there are many people and agencies who want to help. He suggested education, handing out cards, and using social services to assist people. Councilmember Haffa acknowledged that the City has finite resources, but said that the City only redirects money at this time. He reviewed potential sources of funding, such as rent from the Wharf Marketplace, the down payment assistance program, and the new City Manager’s salary. He asked to see information on a jobs program, bus passes, and a police liaison, and a resolution supporting a regional shelter. It was moved by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, to direct staff to investigate: 1) a Police liaison officer with social work or restorative justice training; 2) obtaining MST bus passes to hand out; 3) a jobs program with the business community to be encouraged by the City; 4) a street ambassador program and 5) investigating a collaboration for a regional shelter at Fort Ord: 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 Mayor Della Sala said that he is uncomfortable with the potential amount of time these investigations will take, suggesting that the Council should move forward by working through existing organizations that have the necessary expertise. Community Services Director Bui- Burton asked Council prioritize these matters due to the limitations of time. The City Council reviewed a decision tree and discussed and prioritized the issues. 11. First Review of Recommended Capital Improvement Program (CIP) Projects for FY 2013/14 ***CIP*** (Plans & Public Works - 406-03) Action: Continued to May 29, 2013 12. First Review of Recommended Neighborhood Improvement Program (NIP) Projects for FY 2013/14 ***NIP*** (Plans & Public Works - 406-03) Action: Continued to May 29, 2013 WATER UPDATE Due to the lateness of the hour, there was no water update. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comments, had no request to speak, and closed public comments. 11  City Council Minutes Tuesday, May 21, 2013 PUBLIC HEARING 14. Approve the Updated Americans with Disabilities Act (ADA) Transition Plan (Plans & Public Works - 101-01) Action: Held Public Hearing; adopted Resolution No. 13-071 C.S. Building Official Kuehl presented the staff report and answered Councilmembers’ questions. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the Hearing. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 13-071 C.S., approving the updated ADA Transition Plan: 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 PUBLIC APPEARANCE 15. Review Proposed Operating Budget for Fiscal Year 2013/14 (Finance - 406-03) Action: Continued to May 29 COUNCIL COMMENTS 17. Request to Agendize Discussion on Taking a Position on the Comprehensive Immigration Reform Act (Selfridge - 701-01) Action: Continued to June 4, 2013 On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to June 4, 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 18. Request to Agendize Discussion of Moving the "Council Comments" Section of the Agenda to the First Item of the Evening (Downey - 701-15) Action: Continued to June 4, 2013 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to June 4, 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 12 City Council Minutes Tuesday, May 21, 2013 CITY MANAGER REPORTS City Manager Meurer announced that next week's study session would now be an adjourned meeting. ADJOURNMENT Having no more business before the City Council, at 12:45 a.m. Mayor Della Sala adjourned the meeting to May 29, 2013 at 4:00 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 13