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Council Regular Meeting

Regular Meeting

Monterey, CA · June 4, 2013

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 4, 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, Della Sala Absent: Councilmember Sollecito 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 , Principal Planner, Housing & Property Manager, City Engineer, Interim Finance Director, Assistant Finance Director, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Receive the American Public Works Association’s 2013 Project of the Year Award of Merit for the LED Street Lighting Replacement Project and Receive a Rebate Check for $151,475 from the AMBAG Energy Watch Program and PG&E (Plans & Public Works - 802-12) Action: Received award General Services Superintendent Helms gave a brief report, saying that in addition to the energy savings the City would be receiving a check from PG&E as a result of the lighting replacement. Mayor Della Sala said that even though this was an excellent project that has great benefits for the citizens, someone initiated litigation in opposition to it. Rob Cruz, PG&E, and Joseph Button, AMBAG, presented a $151,475 rebate check to the City Council, noting that it is the largest ever offered in the tri-county region. Councilmember Downey expressed her appreciation. 2. Presentation on the 4th Anniversary of the 2-1-1 Program by United Way of Monterey County (Recreation & Community Services - 701-03) Action: Received presentation United Way representatives Katie Castagna and Fatima Dias gave an update on their 2-1-1 Program. City Council Minutes Tuesday, June 4, 2013 CONSENT ITEMS City Manager Meurer reported that a citizen has requested that Item 9 be removed from Consent. Councilmember Downey asked to remove Item 7 for a report. She thanked the Fire Fighters and Fire Management for their agreement with regard to the MOU. Mayor Della Sala agreed, noting that their agreement would save the City $114,000 per year. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Items 7 and 9, which were removed for a staff report: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Ordinances 3. 2nd Reading to Repeal Monterey City Code section 22-18.1 Oral Advertising Prohibited on Municipal Wharf #1 (City Attorney - 904-17) Action: Adopted Ordinance No. 3480 (4-0-1; Sollecito absent) Resolutions 4. Authorize Appropriation of Funds and Request for Use of City Property, Services and Street Closures for 4th of July Event on July 4, 2013 (Recreation & Community Services - 302-05) Action: Adopted Resolution No. 13-072 C.S. (4-0-1; Sollecito absent) 5. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment (Plans & Public Works - 407-08) a. New Monterey Business Improvement District b. North Fremont Business Improvement District Action: Adopted Resolutions No. 13-073 C.S. and No. 13-074 C.S.(4-0-1; Sollecito absent) 6. Accepting the Annual Report - Old Monterey Business Association (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-075 C.S. (4-0-1; Sollecito absent) 7. Amend Resolution No. 12-092 (the 2012-2013 Position Control List) for the Plans and Public Works Department by Adding One Construction Project Manager and One Contract Public Works Inspector for the Capital Projects Division (Plans & Public Works - 502-03) Action: Removed from Consent; discussed; adopted Resolution No. 13-076 C.S. (4-0-1; Sollecito absent) Deputy City Manager Plans and Public Works Uslar introduced the item and Principal Engineer Harary presented additional details of the work program and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment on the item, no one came forward. The Mayor returned the discussion to the dais. 2 City Council Minutes Tuesday, June 4, 2013 On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-076 C.S., amending Resolution No. 12-092 (the 2012-2013 Position Control List) for the Plans and Public Works Department by Adding One Construction Project Manager and One Contract Public Works Inspector for the Capital Projects Division: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Accept an Urban Forestry Grant from the California Department of Forestry & Fire Protection and Appropriate the Funds (Plans & Public Works - 409-02) Action: Adopted Resolution No. 13-077 C.S. (4-0-1; Sollecito absent) 9. Approve Two Food Vendors - A&M Gourmet Dogs and Lopez Gonzalez Corporation - for Simoneau Plaza and Direct Staff to Enter Into License Agreement Negotiations; Exempt from CEQA (Plans & Public Works - 202-02) Action: Removed from Consent; discussed; adopted Resolution No. 13-078 C.S. (4-0-1; Sollecito absent) Principal Planner Cole presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for comments. Mike Miele, A&M Gourmet Dogs asked Council to act in favor of business and expedite the process to approve his business. On question, he said that he would be open to make reasonable adjustments to his cart in a few months if he could open now. Manuel Lopez reiterates his interest in setting a food vendor cart at the Plaza. Rick Johnson, Executive Director of OMBA, encouraged making the process go as quickly as it can. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Mayor Della Sala said that he agrees that the City should do anything possible to speed the process along. On question, City Manager Meurer reviewed the process that was established by the Council. Ms. Cole reviewed the schedule, and staff answered Councilmembers' questions. On question, City Attorney Davi said that the City Code requires ARC review, and she recommended that Council adhere to the established process. Councilmember Downey said that she prefers to follow the process, but to expedite it wherever possible. Mr. Meile said that this process is expensive and takes too long for a simple business. Mr. Uslar explained that the RFP outlined the complete process, so the responders knew the requirements in advance. Councilmember Haffa said that, while he respects the process, he would like to find a way to expedite this project. On question, Chief of Planning Rerig said that staff would do their best to expedite. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried 3 City Council Minutes Tuesday, June 4, 2013 by the following vote, the City Council adopted Resolution No. 13-078 C.S., approving two Food Vendors - A&M Gourmet Dogs and Lopez Gonzalez Corporation - for Simoneau Plaza and Direct Staff to Enter Into License Agreement Negotiations, with the expectation that staff will do everything possible to expedite the process: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Sollecito 10. Amend Memoranda of Understanding with Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA) and Assistant Fire Chief (Human Resources - 507-01) Action: Adopted Resolutions No. 13-079 and 13-080 C.S. (4-0-1; Sollecito absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mickey Taylor, Monterey resident, voiced concerns regarding the difficulties faced by the City's Code Compliance Division in enforcing within his neighborhood. Phil Maestas, Casanova Avenue resident, gave additional details regarding code enforcement issues, such as frequent garage sales, in the neighborhood. Esther Malkin, Casanova Avenue resident, said there are three separate businesses being run out of three houses in the neighborhood. She said that while Code Enforcement and Police employees have assisted them with various issues, there is no code against perpetual garage sales, which are a public nuisance. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 11. Approve Recommended Course of Action for the Train Engine at Dennis the Menace Park and Approve Installation of a Metal Fence (Plans & Public Works - 809-08) Action: Adopted Resolution No. 13-081 C.S. (4-0-1; Sollecito absent) Deputy City Manager Plans and Public Works Uslar presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment. Brian Flores, Save the Train Group, thanked staff for their work on this issue and said that they are happy to see the recommendation to keep the train in place. He suggested opening up any part of it if possible, and adding elements to replace the loss of the train. Maxwell Green, private citizen, said that this is an exciting process and he is happy that the City will be able to keep the train. He said that he is happy that the NIP Committee favors this project. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Downey said that she and Councilmember Sollecito worked on this issue and she was very disappointed when Senator Monning declined to try to get Monterey a waiver. She supported the staff recommendation. 4 City Council Minutes Tuesday, June 4, 2013 On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 13-081 C.S., approving the recommended course of action for the Train Engine at Dennis the Menace Park and approved installation of a metal fence: 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 said that he is pleased with the recommendation and it is very exciting. Council adjourned to Closed Session at 5:32 p.m., then reconvened at 7:00 p.m. ***Adjourn to Closed Session*** At 7:00 p.m. Mayor Della Sala reconvened the meeting where all Councilmembers were present except Councilmember Sollecito. ANNOUNCEMENTS FROM CLOSED SESSION Director of Information Resources announced that in a conference with labor negotiators for all employee organizations, the City Council on a roll call vote gave confidential direction to its negotiators, voting 4-0-1, with Councilmember Sollecito absent. WATER UPDATE Monterey Peninsula Regional Water Authority (MPRWA) Executive Director Cullem provided Council with a water update, noting he replaced Bill Reichmuth as the executive director. He provided Council and listeners with the results of 2 recent meetings and activities for upcoming ones. He discussed the Authority's purpose and how the Authority is working on ways to get necessary water for the peninsula and reduce costs to rate payers as much as possible. He noted that a request for proposal (RFP) goes out June 17th. Councilmember Downey stated if energy is provided from the landfill, it can help reduce overall costs. She expressed a desire for any savings gained to go towards rate reductions and not to the CalAm stockholders. Councilmember Downey stated she hoped that a company who has successfully gone through the design and construction process wins the desal RFP. Mr. Cullem stated he hopes the winner would be a company that best demonstrates its understanding of our issues on the peninsula and is capable of using all emerging technologies. The Council and Mr. Cullem discussed the idea of a connection fee, stating it would be a tool to minimize the cost to current rate payers since current rate payers will pay a lot upfront costs. They discussed size and scope, noting that most of the infrastructure required could be used to build small, medium to large plants, but that the size of the peninsula project may be determined more by environmental constraints. The group discussed Ground Water Replenishment (GWR), expressing that this option is environmentally superior to a desal plant and that GWR is at this time more cost effective, but if energy costs do go down, then in the end both options may be comparable in terms of costs. 5 City Council Minutes Tuesday, June 4, 2013 Mayor Della Sala opened public comment and Nelson Vega supported the project, discussed Salinas problems with water, expressed a preference for a plant that can be scaled as necessary to suit the peninsula's needs. Sam Teel provided comparisons for water utilities for a restaurant in Monterey, noting that although the restaurant's usage went down in 2 years time by 13%, but that the charge for water in that time period doubled and so did utility taxes. He asked that local cities need to change how they tax water utilities. Seeing no more requests to speak, Mayor Della Sala closed public comment. Councilmember Downey stated there are two separate issues relating to Salinas and provided clarification. Mayor Della Sala stressed that the project uses shallow water from wells and is not harming the Salinas basin. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Joseph Aiello applauded the improvements made on Del Monte and Pacific Streets, especially pedestrian improvements, signs, and lighting. He stated he hopes similar lighting changes will be done on Alvarado. Casanova Oak Knoll Neighborhood Association President Ruccello asked Council to turn its attention to blight and code enforcement issues on North Fremont and asked why there is only a part-time code compliance officer. Nelson Vega stated there are several reasons for blight, citing a lack of water and zoning at a site reducing how the property can be used and that old buildings are not torn down because that starts the 5 year clock requiring something be built to use what water that is on the property or lose it. Mike Gabrielson, property owner on Stephen Place, asked Council to agendize a discussion of putting a gate on their private road, stating he has tried unsuccessfully to resolve this problem with Planning and the City Attorney's office. Having no more requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 12. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-082 C.S. (4-0-1; Sollecito absent) Jeff Krebs presented the agenda report, describing how the district was composed, maintained and described assessments for this year, indicating rope lights will be added to the remaining trees on Alvarado. Uwe Grobecker, Santa Lucia cafe, suggested there is no longer a need for the assessment district. Seeing no further requests to speak Mayor Della Sala closed public comment. City Manager Meurer explained that initially the assessment was used to install lighting and other improvements and that now the annual assessment is used to maintain and update improvements as necessary. On a motion by Councilmember Downey, seconded by Councilmember Della Sala, and carried by the following vote, the City Council adopted Resolution 13-082 C.S. the Confirming Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-083 C.S. (4-0-1; Sollecito absent) 6 City Council Minutes Tuesday, June 4, 2013 Jeff Krebs presented the agenda report, describing the maintenance that is targeted at finishing a capital improvement on mid block of Franklin Street. Councilmember Downey asked how the City can motivate property owners to improve the backside of properties Calle Principal. Chief of Planning, Engineering and Environmental Compliance Rerig stated that this question is asked annually when assessments are discussed. He pointed to the Downtown specific plan and other development documents as references. Mayor Della Sala stated that many things have been improved and possibly it is not just the parking lots on that street that need improvement. City Manager Meurer stated that Council finding the right kind of strategies and priorities could improve things, here and on North Fremont. He said that approval all the plans is just not approving a document to sit on a shelf. Instead, he said they should become the touch stones for developing areas of the city. He illustrated his point, but noted that all still depends on water being available. In response to a question by Councilmember Haffa, Mr. Meurer noted that water on the City's Fort Ord property must be used with that property; it cannot be transferred to be used within Downtown, North Fremont, and other city locations. Mayor Della Sala opened public comment and Joseph Aiello stated he is excited to hear about the lighting on Franklin, preferring fixtures that match the historic character if possible. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 13-081 C.S. confirming the Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Consider Planning Commission Recommendation to Approve the 2013/2014 One-Year Action Plan for Community Development Block Grant (CDBG) Funds, Authorize Amendment to CONA NID for Sidewalk Accessibility Improvements and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) and Consider Successor Housing Agency (SHA) Approval of the 2013/14 Housing Program Budget (Plans & Public Works - 201-09) Action: Continued to June 18, 2013 (4-0-1; Sollecito absent) City Manager asked Council to continue this item. On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council continued item 14 to the June 18th meeting: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 15. Presentation and Adoption of 2013-14 Operating Budget (Finance - 406-02) Action: Received report; discussed; public comment received; by consensus item was continued to June 18th City Manager Meurer introduced the item. He requested Council hear the item, take public comment, and then continue it to till June 18th in order for Councilmember Sollecito to be able 7 City Council Minutes Tuesday, June 4, 2013 to participate in the discussion and vote. Mr. Meurer noted there are a few fundamental financing policies adopted by previous Councils included as part of the budget document. He stated Council should consider them. He noted the policy regarding fees needs updating, so that Council will then know what it is knowingly subsidizing. He stressed that is gives Council protection if they adopt a policy that they follow. Interim Finance Director Peggy Lefebre started staff's presentation, stating the City is coming out of a down turn but is not out of the woods. She noted that most of the City's revenue is discretionary, meaning it is not a steady revenue source; generally it is dependent on the economy and tourists, which always fluctuates. Assistant Finance Director Porter went through projected revenues, noting that our government and public safety percentages are quite low in comparison to other cities. She stated projected expenditures are based on successful negotiations with the City's employee bargaining units. She indicated that many of the City's fee based programs do not pay for themselves 100%, provided Council with a list of special funds and their purposes, and reviewed a small number of position changes. Assistant Finance Director Porter responded to Council questions. Council and staff discussed reopening the library on Sunday, and Library Director Bui-Burtons stated they will propose this when they believe they have a long-term source of funding to sustain reopening the Library on Sundays on a permanent basis. Council and staff discussed the expenditures for MPRWA and Mayor Della Sala stressed that these expenditures are well worth it for delivering a totally transparent process to the public. He noted, due to the cost of the project, the expenditures are not extraordinary large. Councilmember Selfridge stated she could support reducing the Civic Pride fund down to $20K. Councilmember Downey stated her preference is for requests for funding to come to Council when the budget is being reviewed and approved. Council and City Manager discussed how some funds donated by the City Manager could be used, noting though that much of the donations are already earmarked for specific purposes. Council and staff discussed Social Policy Programs for Person Experiencing Homelessness and the fact that currently there are no costs associated with these programs and no line items in the budget for these programs. Library and Community Services Director Bui-Burton described how her staff are researching these programs and that later should have some cost data. Councilmember Selfridge asked about the addition of a security system to the Visitor Center since the City owns this property. Deputy City Manager Plans and Public Works Uslar clarified that if the tenant determines a security system is needed, and then it is the tenant’s responsibility to pay for that improvement. Councilmember Haffa and City Manager Meurer discussed projected revenues and the need to make quality recommendations, distributing and funding Council priorities. Councilmember Selfridge stated the current downtown policing operations appear to be working and hopes that they will continue into the new fiscal year. Deputy City Manager Plans and Public Works Uslar noted for Council that all agenda reports identify revenue sources and stressed that he too wished there was an ending balance but noted that most project, programs, and services encumber all the funds apportioned to each 8 City Council Minutes Tuesday, June 4, 2013 City department and division. Interim Finance Director Lefebre concluded the presentation stating the 5-year summary is the City's best case forecast, but the City is still expected to be upside down in FY15 and 16 unless there is a dramatic economic improvement. Mayor Della Sala opened public comments on the draft budget. Michael Sovereign, President of Friends of the Library stated increasing Library hours on Sunday to 4 hours means a lot and is a no-brainer. Library Board Vice Chair Yamanishi stated they have requested a grant and are working on other revenue sources to reopen on Sundays. She stressed that opening the Library on Sunday is not a one day event, but a year-long service to the community. John Castagna spoke in support of reopening the Library on Sundays. Clyde Roberson spoke in favor of the Library initiatives and said the Library is a social program in many ways. He recommended Council look at doing more in-house and using consultants less, spoke against using the buzzer during public comments, and suggested using Planners to help with the NIP proceeds. Mr. Roberson spoke in favor of increasing the transient occupancy tax as well as the sales tax to increase City revenues, noting that revenues are what are needed to balance the budget. Paulette Lynch, Ellen Martin, Susan Britton spoke in support of Council funding for First Night in order for it to continue to provide a safe and family-oriented celebration. Lee Whitney spoke in favor CERT training, the air compressor for the Fire Department, and anything that makes citizens and visitors safe. Nelson Vega spoke in favor or reducing personnel costs and in support of funds for MPRWA. Uwe Grobecker spoke in favor of increased Library hours and an increase in taxes. He suggested more City departments be eliminated or reduced. Joseph Aiello spoke in favor of increased Library hours, hoping that Sunday hours include the History Room being open. He suggested the City raise rents on some of its non-wharf properties. Erika Fiske stated, based on tonight's meeting, she does not believe the Council is truly going to anything about homelessness. She spoke in favor of parking programs and could not understand how these programs could cost the City anything. Mayor Della Sala seeing no more requests to speak closed public comments. City Manager Meurer referred the public and Council to agenda report page 79 (packet page 265) where it lists the operating budget polices, one of which is to adopt and maintain a balanced annual operating budget, stressing the balanced part. At 9:54 pm. Mayor Della Sala called a short recess and at 10:00 p.m. called the meeting back to order. Adjourn to Joint Powers Authority Meeting JOINT POWERS AUTHORITY - PUBLIC APPEARANCE 16. Approve and Adopt the City of Monterey Joint Powers Financing Authority Budget for 2013-14 (Finance - 406-06) Action: Adopted JPA Resolution No. 031 (4-0-1; Sollecito absent) Assistant Finance Director Porter presented the agenda report, stating this hat the Council wears is its legal entity to issue bonds. Mayor Della Sala opened public comment and seeing no requests to speak closed public comment. On a motion by Director Downey, seconded by Director Selfridge, and carried by the following vote, the Joint Powers Financing Authority adopted JPA Resolution 031 Approving and Adopting the City of Monterey Joint Powers Financing Authority Budget for 2013-14: 9 City Council Minutes Tuesday, June 4, 2013 AYES: 4 DIRECTORS: Downey, Haffa, Selfridge, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Sollecito ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 17. Adopt the Ocean View Community Services District Budget for 2013-14 (Finance - 406-07) Action: Adopted CSD Resolution No. 015 (4-0-1; Sollecito absent) Assistant Finance Director Porter stated that this year's budget is a repeat of last year's budget, stressing that all expenses are reimbursable and paid by developer with no cost to city. Mayor Della Sala opened public comment and seeing no requests to speak closed public comment. On a motion by District Member Haffa, seconded by District Member Della Sala, and carried by the following vote, the Community Services District Adopted CSD Resolution 015 Adopting the Ocean View Community Services District Budget for 2013-14: AYES: 4 DIRECTORS: Downey, Haffa, Selfridge, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Sollecito ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Adjourn to City Council Meeting COUNCIL COMMENTS Councilmember Selfridge stated she feels discussing items after 11:00 p.m. may not result in Council making the best decision. She asked Council to make it a practice to take at vote at 11:00 p.m. on whether to continue discussion of the current item and whether to hear anything remaining on the agenda. City Manager Meurer noted that voting as described has been a policy for some years. Councilmember Selfridge asked that Councilmember Sollecito's request to agendize a discussion of a Sister City Friendship Park be on the next agenda. Councilmember Downey asked when her discussion on moving Council Comments would be on an agenda and City Manager Meurer indicated it is on the June 18th tentative agenda. Councilmember Downey expressed concerns that the First California Festival to be held in Monterey this summer might bring with it noise and other public safety concerns. Council and Staff discussed the use of a beeper in conjunction with the timer to give speakers both a visual and audio reminder to wrap up their comments and indicated 2 or 3 beeps when time was up was sufficient. Councilmember Downey asked about the gate issue on Stephen Place and City Manager Meurer indicated that he believes an existing map or subdivision document prohibits installation of a gate. She asked that staff let Mr. Gabrielson know its status and provide a copy to her. In response to her questions about code compliance, Deputy City Manager Plans and Public Works Uslar indicated a part-time code compliance officer has increased his hours to almost full-time in order respond to more complaints. Councilmember Downey indicated that if an ordinance needs to be created to prevent habitual garage sales, then that might be something the Council wants to do and Councilmember Haffa 10 City Council Minutes Tuesday, June 4, 2013 stated he is sympathetic to the code compliance concerns of residents on Casanova Avenue. Councilmember Haffa noted that he and Councilmember Selfridge met with the airport board to discuss fly-over concerns, stating the board will encourage commercial, private plane and Navy flight school planes to use established flight paths and to not veer out over the neighborhood. Councilmember Selfridge congratulated the Sports Center as it is the number 1 public sports center in California. Mayor Della Sala stated City Manager Meurer would receive the Community/State Leadership Award from the Association of Defense Communities next week and Council applauded his award as one that is well deserved. 18. Request to Agendize Discussion on Taking a Position on the Comprehensive Immigration Reform Act (Selfridge - 701-01) Action: Agendized (3-1-1; Della Sala voting No; Sollecito absent) If agendized, Councilmember Selfridge asked the City Attorney to review what other local cities have done in support of this act. On a motion by Councilmember Selfridge, seconded by Councilmember Haffa, and carried by the following vote, the City Council agendized a Discussion on Taking a Position on the Comprehensive Immigration Reform Act: AYES: 3 COUNCILMEMBERS: Downey, Haffa, Selfridge NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 1 COUNCILMEMBERS: Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Meurer noted that the ADA Upgrade of the Council Chamber starts tomorrow, June 5th. ADJOURNMENT Having no more business before the City Council, Mayor Della Sala adjourned the meeting at 10:25 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, June 4, 2013 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m. Fred Meurer Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Receive the American Public Works Association’s 2013 Project of the Year Award of Merit for the LED Street Lighting Replacement Project and Receive a Rebate Check for $151,475 from the AMBAG Energy Watch Program and PG&E (Plans & Public Works - 802-12) 2. Presentation on the 4th Anniversary of the 2-1-1 Program by United Way of Monterey County (Recreation & Community Services - 701-03) 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. Ordinances ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two readings at separate Council meetings, is "passed to print" for legal advertisement when introduced, and is "passed and adopted" when given final approval. 3. 2nd Reading to Repeal Monterey City Code section 22-18.1 Oral Advertising Prohibited on Municipal Wharf #1 (City Attorney - 904-17) 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." 4. Authorize Appropriation of Funds and Request for Use of City Property, Services and Street Closures for 4th of July Event on July 4, 2013 (Recreation & Community Services - 302-05) 5. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment (Plans & Public Works - 407-08) a. New Monterey Business Improvement District b. North Fremont Business Improvement District Tuesday, June 4, 2013 6. Accepting the Annual Report - Old Monterey Business Association (Plans & Public Works - 407-08) 7. Amend Resolution No. 12-092 (the 2012-2013 Position Control List) for the Plans and Public Works Department by Adding One Construction Project Manager and One Contract Public Works Inspector for the Capital Projects Division (Plans & Public Works - 502-03) 8. Accept an Urban Forestry Grant from the California Department of Forestry & Fire Protection and Appropriate the Funds (Plans & Public Works - 409-02) 9. Approve Two Food Vendors - A&M Gourmet Dogs and Lopez Gonzalez Corporation - for Simoneau Plaza and Direct Staff to Enter Into License Agreement Negotiations; Exempt from CEQA (Plans & Public Works - 202-02) 10. Amend Memoranda of Understanding with Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA) and Assistant Fire Chief (Human Resources - 507- 01) ***End of Consent Agenda*** 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. 11. Approve Recommended Course of Action for the Train Engine at Dennis the Menace Park and Approve Installation of a Metal Fence (Plans & Public Works - 809-08) ***Adjourn to Closed Session (See additional agenda)*** RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE 2 Tuesday, June 4, 2013 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 HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 12. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) 13. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report (Plans & Public Works - 407-08) 14. Consider Planning Commission Recommendation to Approve the 2013/2014 One-Year Action Plan for Community Development Block Grant (CDBG) Funds, Authorize Amendment to CONA NID for Sidewalk Accessibility Improvements and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) and Consider Successor Housing Agency (SHA) Approval of the 2013/14 Housing Program Budget (Plans & Public Works - 201-09) 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. 15. Presentation and Adoption of 2013-14 Operating Budget (Finance - 406-02) Adjourn to Joint Powers Authority Meeting JOINT POWERS AUTHORITY - PUBLIC APPEARANCE This is a separate legal body, established by an agreement between the City and the Joint Powers Financing Authority (JPA), comprised of the members of the City Council, with the Mayor serving as Chair. The JPA was established during FY 1994-95 for the purpose of issuing bonds to finance the construction of a materials recycling facility at Ryan Ranch. 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 JPA Chair. The JPA may limit the time each speaker is allocated. 16. Approve and Adopt the City of Monterey Joint Powers Financing Authority Budget for 2013-14 (Finance - 406-06) 3 Tuesday, June 4, 2013 Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE This is a separate legal body of the City that oversees the operations of the Ocean View Community Services District desalinization plant. 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 Chair. The District may limit the time each speaker is allocated. 17. Adopt the Ocean View Community Services District Budget for 2013-14 (Finance - 406-07) Adjourn to City Council Meeting 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). 18. Request to Agendize Discussion on Taking a Position on the Comprehensive Immigration Reform Act (Selfridge - 701-01) 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 4 Tuesday, June 4, 2013 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. UPCOMING MEETINGS AT CITY HALL Jun 5 ARC Meeting Cancellation Notice, Council Chamber - 4:00 pm Jun 11 Planning Commission Meeting, Council Chamber - 4:00 pm Jun 13 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jun 13 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Jun 13 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM Jun 18 Council Regular Meeting, Council Chamber - 4:00 PM Jun 19 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jun 20 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jun 24 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jun 25 Planning Commission Meeting, Council Chamber - 4:00 pm Jun 26 Council Study Session, Council Chamber - 4:00 PM Jun 26 Library Board Meeting, Library Community Room - 5:00 PM Jun 26 Oversight Board Meeting, Council Chamber - 7:00 PM Jun 27 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jun 27 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM Jul 2 Council Regular Meeting, Council Chamber - 4:00 PM Jul 3 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jul 4 City Holiday, City Offices Closed - 8:00 AM Jul 9 Planning Commission Meeting, Council Chamber - 4:00 pm Jul 11 Zoning Administrator Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

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