Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 2, 2013 4:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haffa, Selfridge, Sollecito, Della Sala Absent: Councilmembers: None City Staff Assistant City Manager, City Attorney, Director of Information Present: Resources/City Clerk, Deputy City Manager, Plans & Public Works, Library/Community Services Director, Chief of Planning, Engineering, and Environmental Compliance , Assistant City Attorney, Senior Associate Planner, Housing & Property Manager, Principal Engineer, Assistant Finance Director, Police Lieutenant, Harbormaster, City Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. Councilmember Selfridge arrived at 4:06 p.m. COUNCIL COMMENTS Councilmember Downey asked the Mayor and Vice Mayor to consider agendizing a future study session regarding forming a JPA to consolidate area Police Departments She said that she hopes straw vote is being conducted by the hotels regarding financing the Conference Center upgrades. She said that the Council Chamber has been improved, but the microphones and the Elmo document camera are still problematic. She voiced concerns regarding some long term code violations in the Alta Mesa neighborhood. Ms. Downey said that she has asked the City Attorney to look into whether Monterey can get water credits for the effluent that currently flows from MRWPCA to irrigate the fields in Castroville. She said that she would like the Council to look at a public-private partnership with the State Theater, perhaps in a study session or presentation. Councilmember Downey said that regarding the homeless issue, she believes that staff can craft a no smoking ordinance and produce educational materials about donating money to non-profit organizations rather than giving money to the homeless. Councilmember Haffa reported that he met with the people on Stephen’s place and he would like to agendize a public hearing on the gate issue. He reported that the Market Restaurant on Fremont Street is having issues with their sign, and he encouraged staff to work with them to resolve the issue. He reported on a recent meeting with Interim, thanking Barbara Mitchel for showing him around. Councilmember Selfridge reported that the New Monterey Business Association and New Monterey Neighborhood Association are very pleased with the NIP project at Scholze Park. She said that the new banners are up on Cannery Row, and she encouraged everyone to go look at them. Ms. Selfridge agreed that she would like to have a study session on the State Theater. Mayor Della Sala said that Monterey is fortunate to have a balanced budget in place that restores Library hours and grants money to the United Way, First Night Monterey, and other worthy organizations. He said that Council has worked with Executive Management to make this happen, and he thanked staff for their hard work. Council Meeting Minutes Tuesday, July 2, 2013 CONSENT ITEMS Acting City Manager McCarthy said that staff would like to remove Item 18 from the Consent Agenda to give a brief report. Councilmember Downey said that she will vote no on Item 17, and Councilmember Selfridge also registered a no vote on that item. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent agenda, except Item 18, which was removed for a staff report, and with Councilmembers Downey and Selfridge voting no on Item 17: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. May 21, 2013 (Information Resources - 701-09) Action: Approved 2. May 29, 2013 (Information Resources - 701-09) Action: Approved Ordinances 3. 2nd Reading – Repeal and Replace Monterey City Code, Chapter 22, Article 2 (City Attorney - 705-03) Action: Adopted Ordinance No. 3181 4. 2nd Reading – Amend Monterey City Code section 1-7, to Provide that Violations of the Graffiti Ordinance Shall be Subject to Civil and Administrative Penalties (City Attorney - 705-03) Action: Adopted Ordinance No. 3182 5. 1st Reading – Recognize Monterey Fire Chief Officers' Association (MFCOA) as the Bargaining Unit Formerly Known as Fire Management Association (FMA) and Reflect the Name Change Throughout the City Code (Human Resources - 507-05) Action: Passed Ordinance to print Resolutions 6. Authorize License Agreements with Two Food Vendors - A&M Gourmet Dogs and Lopez Gonzalez Corporation - for Simoneau Plaza (Plans & Public Works - 704-10) Action: Adopted Resolution No. 13-102 C.S. and Resolution No. 13-103 C.S. 7. Amend the 2013-2014 Position Control List for Plans and Public Works Department by Adding One Sign Craftsworker Position and Deleting One Sign and Crafts Supervisor Position in the Street Maintenance Division (Plans & Public Works - 502-03) Action: Adopted Resolution No. 13-104 C.S. 8. Amend Resolution 12-046 C.S. Sanitary Sewer Rehabilitation Program Management and Design Phase 1 Professional Services Agreement with Harris & Associates (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-105 C.S. 2 Council Meeting Minutes Tuesday, July 2, 2013 9. Amend Resolution 12-092 (the 2013-2014 Position Control List) for the Plans and Public Works Department by Adding One Inspector Position for the Permit and Inspection Services Division (Plans & Public Works - 502-03) Action: Adopted Resolution No. 13-106 C.S. 10. Authorize Staff to Submit a Grant Application Package to the Ocean Protection Council and Authorize the City Manager to Execute the Applications, Contracts, Agreements, and Amendments Necessary to Implement the Grant Application Package (Plans & Public Works - 409-02) Action: Adopted Resolution No. 13-107 C.S. 11. Accept Annual Report for Fisherman's Wharf Association (Plans & Public Works - 307-04) Action: Adopted Resolution No. 13-108 C.S. 12. Authorize the Housing and Property Manager to Decline Exercise the First Right Option to Purchase an Affordable Deed Restricted Condominium Unit at 565 English Avenue Unit #4 (Plans & Public Works - 206-03) Action: Adopted Resolution No. 13-109 C.S. 13. Certify Compliance with State Law with Respect to Levying Assessments and Special Taxes (Finance - 407-08) Action: Adopted Resolution No. 13-110 C.S. 14. Adopt Memorandum of Understanding with Management Employees Association (MEA) (Human Resources - 507-03) Action: Adopted Resolution No. 13-111 C.S. 15. Rescinding Resolution 08-167 (Construction Activity Road Impact Fee) (Plans & Public Works - 201-14) Action: Adopted Resolution No. 13-112 C.S. 16. Establish a New Capital Improvement Project Entitled “Wharf II Critical Repairs, Phase I and Parking Area Upgrades,” Authorize Reallocation of Funds from Related Projects, and Award a Professional Services Agreement to Ben C. Gerwick, Inc. for Final Design Services (Plans & Public Works - 405-04) Action: Adopted Resolution No. 13-113 C.S. Other 17. Consider Cancellation of the July 16, 2013 Regular City Council Meeting (Information Resources - 701-01) Action: Cancelled meeting (3-2: Downey; Selfridge voting no) 18. Appoint Community Panel for the Purpose of Participating in the City Manager Recruitment Interview Process (Human Resources - 502-11) Action: Removed from Consent; received report; appointed Benefits Manager Maloney presented the report and answered Councilmembers’ questions. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council appointed Community Members Bauman, Franken, Ruccello, Scannell, and Stocker to the Community Panel for the Purpose of Participating in the City Manager Recruitment Interview Process: 3 Council Meeting Minutes Tuesday, July 2, 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 The City Council adjourned to a meeting of the Successor Agency of the RDA. 19. Authorize Request to Oversight Board to Direct the Successor Agency to Transfer Former Redevelopment Agency Properties to the City: Osio Plaza Walkway, Custom House Plaza Walkway, Spanish Plaza and 5 Custom House Plaza Ground Lease to the City as Assets Constructed and Used for a Governmental Purpose Pursuant to Health & Safety Code Section 34181(a) (Plans & Public Works - 206-03) Action: Received report; adopted Resolution No. SA/RDA862 On question, Property and Housing Manager Marvin gave a brief report on the status of the properties. Chair Della Sala opened public comment on the item, and having no requests to speak, he returned the discussion to the dais. On a motion by Director Sollecito, seconded by Director Haffa, and carried by the following vote, the Successor Agency of the Redevelopment Agency of the City of Monterey adopted Resolution SA/RDA 862 authorizing a request to the Oversight Board to direct the Successor Agency to transfer former Redevelopment Agency properties to the City: Osio Plaza Walkway, Custom House Plaza Walkway, Spanish Plaza and 5 Custom House Plaza ground lease to the City as assets constructed and used for a Governmental purpose pursuant to Health & Safety Code Section 34181(a): AYES: 5 DIRECTORS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The Successor Agency of the RDA adjourned to a meeting of the Ocean View Community Services District. ***End of Consent Agenda*** The Successor Agency of the RDA adjourned to a meeting of the Ocean View Community Services District. 20. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706- 09) Action: Received report City Attorney Davi answered Councilmembers’ questions. Chair Della Sala opened public comment, had no requests to speak, and closed public comments. The Ocean View CSD Board adjourned back to the City Council meeting. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Rick Johnson, Executive Director of OMBA, encouraged Council and everyone to come to the 4th of July Parade, lawn party, and evening concert. Maxwell Green, Oak Grove Neighborhood 4 Council Meeting Minutes Tuesday, July 2, 2013 Association, said that only one of his neighborhood hotels has been contacted by the City about the Conference Center renovation and the proposed financing mechanism. He encouraged the City to keep the hotels in the loop. Councilmember Downey clarified that the proposal does not affect the TOT rate. On the Mayor’s request, Community Services Director Bui-Burton said that all hotels were sent a letter to advise them of the proposal. She briefly explained the financing mechanism. Bob Oliver said that there should be more of an outreach to the hotels because the new taxes come out of their profit. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 21. Adopt Levy Assessment to Fund the Cannery Row Business Improvement District (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-114 C.S. Chief of Planning Rerig presented the staff report. Mayor Della Sala opened the Public Hearing. Michele Knight, President of the Cannery Row Business Association, said that it is only through self assessment that the association can continue to make improvements. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council Adopted Resolution 13-114 C.S. levying an assessment to fund the Cannery Row Business Improvement District: 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 22. Consider 1375 Josselyn Canyon Road; Appeal 13-235 for a New Vehicle-Oriented Freestanding Sign; Appellant Reverend Barry Kennard for Living Hope Church of the Nazarene; Applicant Daryl Hawkins, AIA; Owner Living Hope Church of the Nazarene; R- 1-20 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Resolution No. 13-115 C.S.; directed staff to meet with the applicant to modify the sign and refund all fees that were paid (3-2; Haffa, Sollecito voting no) City Attorney Davi stepped down from the dais, and Christopher Callahan sat in as Acting City Attorney to assure procedural due process and preserve neutrality. Senior Associate Planner Hopper presented the staff report and answered Councilmembers’ questions, with assistance from Acting City Attorney Callahan. Mayor Della Sala opened the floor to the appellant. Reverend Barry Kennard said that the actual square footage of the cross is only fourteen square feet and the ARC said that it is minimal in impact. He asked Council to keep an open mind. He referenced a letter of support from the Monterey Woods Homeowners’ Association. He outlined the intent of the church, which is that the cross is a universal Christian symbol, not a sign particular to the Living Hope Church of the Nazarene. He asked Council to consider the intent of the sign ordinance. Reverend Kennard explained that a City staff member originally told them that it was not a sign and no permit was needed. He stated that it was designed to improve the corner and reduce visual blight. He said that the Planning Commission erred in their decision and the ARC was well within the guidelines and their rights in theirs. He asked Council to uphold the appeal. 5 Council Meeting Minutes Tuesday, July 2, 2013 Mayor Della Sala opened the hearing to the general public. Bob Oliver suggested said that the Council could take into account that the church is difficult to see from the street. He suggested that the imaginary rectangle could be eliminated from the square footage. He favored granting the appeal. Dan Turner, Fisherman’s Flats resident, said that the size of the cross is not appropriate. He said that he is a nontheist and he finds the 20 foot cross rude, inconsiderate, and insensitive. He said that there are lots of people who feel the same as he does. He asked Council to deny the appeal. David Canepa, Fisherman’s Flats resident, said that he thinks the cross is a wonderful idea. He said that people have difficulty seeing the church when they drive by, and the corner is currently blighted. He said that the church is a good neighbor and he supported the appeal. Hank Smith Josselyn Canyon Road resident, said that the residents have worked very hard to keep their street from being blighted. He said that the church is a fantastic neighbor that provides great services to the entire community. Daryl Hawkins said that the cross was designed with the idea of showing the community that there is a church at the location. He said they would be happy to work with the City by moving or lowering the cross. Having no further requests to speak, Mayor Della Sala closed the hearing. Councilmember Downey said that the scenic highway is important to protect, and approving this cross would set a precedent and would be inconsistent and the purpose of the sign ordinance. She reviewed the decisions of the ARC and Planning Commission and the Planning Commission findings. She apologized that the applicant was told that the cross was not a sign and said that she would like to have all of their appeal fees refunded. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to uphold the decision of the Planning Commission and deny the appeal; to direct staff to meet with the applicant to modify the sign; and to refund all the fees that were paid. Councilmember Sollecito said that Council has the discretion to do what they believe is right. Councilmember Haffa said that he respects Councilmember Downey’s points, but given the split votes on the Planning Commission and ARC, he believes either argument could be made. He said that he appreciates that Councilmember Downey wants to refund the fees, but the mistake has to be made right. He said that he does not think the cross is high profile in this context. He said that Councilmembers swore an oath to uphold the Constitution, and there has to be a governmental concern to uphold the Planning Commission’s decision. He said that free expression is the most important element. Councilmember Selfridge said that she is sorry that the applicant did not have the opportunity to work with staff. She agreed that the fee should be waived. Mayor Della Sala said that he has a deep faith in God, but also has a commitment to the City’s ordinance. He said that he would like to see the cross approved, but not in the current location or at a 20 foot height. He said that he will support the motion and he hopes that the Living Hope Church of the Nazarene will come back with a new design. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Selfridge, Della Sala NOES: 2 COUNCILMEMBERS: Haffa, Sollecito ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None City Attorney Davi returned to the dais. 6 Council Meeting Minutes Tuesday, July 2, 2013 Mayor Della Sala said that Items 23 and 24 would be taken up at the 7:00 session just following Announcements from Closed Session. Council adjourned to Closed Session at 5:51 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that on two unanimous roll call votes, the City Council gave confidential direction to their negotiators in a conference with their labor negotiators for the employee organizations: Police Lieutenants’ Management Association (PLMA), Assistant Police Chief, Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA), and Assistant Fire Chief. Ms. Gawf reported that in a conference with their legal counsel, the City Council received a quarterly report regarding the first seven of the ten items listed on the agenda. She said that the Council, on a roll call vote, gave confidential direction to the legal counsel regarding Item 2.A.7. Mercurio v. City of Monterey, and the vote was 4-1, with Selfridge voting no. PUBLIC HEARINGS 23. Peter Ellett's Appeal of City Manager's Decision Upholding Notice to Vacate Transient Berthing Space (Monterey City Code section 17-47(c)) (Public Facilities - 904-19) Action: Amended and adopted Resolution No. 13-116 C.S., denied the appeal, upholding the City Manager’s decision and instructed the appellant to pay all sums due to the Harbor and vacate the Harbor by July 16, 2013 City Attorney Davi stepped down from the dais, and Christopher Callahan sat in as Acting City Attorney to assure procedural due process and preserve neutrality. Community Services Director Bui-Burton and Harbormaster Scheiblauer presented the staff report. Mayor Della Sala opened the floor to the appellant. Peter Ellett presented the July 1, 2012 Monterey Marina Rate Schedule, saying that the transient rates are fraudulent because they are listed as monthly, but the rules state that one can stay only two weeks at a time. He reviewed his history in the Harbor since he arrived as a transient customer in October. He said that Harbor staff disrespected him, overcharged him. He charged that a staff member stole a sink from the dock next to his boat, but later returned it. Mayor Della Sala opened the floor to the general public. Bob Oliver asked to discuss the third rate that was mentioned by the appellant. With no further requests to speak, Mayor Della Sala closed the hearing. On question, Mr. Scheiblauer explained that the space where Mr. Ellett was first assigned is a transient berth, so it is not on the map. He explained the Marina berthing rates, and explained the per-foot charge. On further question, Mr. Scheiblauer said that staff is reviewing whether a written contract is needed, but he has never had an incident such as this before. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council amended and adopted Resolution No. 13-116 C.S. and denied the appeal, upholding the City Manager’s decision and instructing Mr. Ellett to pay all sums due to the Harbor and vacate the Harbor by July 16, 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 7 Council Meeting Minutes Tuesday, July 2, 2013 City Attorney Davi returned to the dais. PUBLIC APPEARANCE 24. Consider Encroachment Permit #EN13-063 (Russo and Steele) Appealing a Staff Decision to Deny Request to Display Vehicles and Banners on One Side of Alvarado Mall; and if Appeal is Granted, Consider Modifications to Encroachment Permit #EN13-064 (RM Auctions). (Plans & Public Works - 803-13) Action: Denied the appeal; directed staff to allow directional signage on Alvarado Mall and allow marketing advertising on the Russo and Steele fence (4-1; Selfridge voting no) Chief of Planning Rerig presented the staff report and answered Councilmembers’ questions. Mayor Della Sala opened the item for public comments. Bob Massaro said that the Alvarado Mall is a City street. He said that 2012 was the first year that Russo and Steele moved to the Depot, and he reviewed the operation with regard to the Alvarado Mall that year. He reviewed this year’s decision making process and asked that both Russo and Steel and RM be treated in an equitable way. On question, Mr. Rerig clarified that there would be directional signs. Hansen Reed, on behalf of RM Auctions, displayed the areas used by RM Auctions. He said that it would be disadvantageous to have a competitor park their cars within RM’s sphere of influence. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Mayor Della Sala said that he believes a compromise would be the fairest solution to allow the display of directional signage on the east side of Alvarado Mall. Councilmember Haffa said that he believes if the sphere of influence division is kept, there should be advertising allowed on the Russo & Steele tent. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa, to deny the appeal, but allow directional signage on Alvarado Mall, and allow marketing advertising on the Russo and Steele fence 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 WATER UPDATE MPRWA Executive Director Cullem presented the report, saying that a delay in the deadline for the final intervener positions at the CPUC has been approved. He said that the TAC would meet on July 15 regarding the GWR issue. He reported that the scoping meeting for the EIR for the GWR took place on June 18, and that a design build RFP is out. He said that they are working their way through the snowy plover issue in order to get the test wells in. Councilmember Selfridge said that she was excited that Monterey and Pacific Grove are looking into the old reservoir on David Avenue, and she would like to hear more about that. She said that Pacific Grove was thankful to the NIP for their support. 8 Council Meeting Minutes Tuesday, July 2, 2013 Mayor Della Sala opened public comment on the item. Nelson Vega asked about the time frame for the GWR project in order to meet the commitment as required by the CPUC. He said that the cost is uncertain and urged that the focus be on desalination at this time. Rick Heuer, NIP Spokesperson, thanked Pacific Grove for matching the funds allocated by the NIP. Bob Oliver asked what effect a large increase in water prices would have on the homeless. He said that a dam is the most inexpensive way to get water, and it does not make sense that the silt cannot be removed from the existing reservoir. Having no further requests to speak, Mayor Della Sala closed public comments Mayor Della Sala said that whether the source is GWR or desal it is likely that a lawsuit could be filed, and that is why the projects are traveling down parallel tracks. Councilmember Downey said there is a greater chance of a suit over the desal plan than GWR. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Nelson Vega clarified that he is not consistently for budget cuts. He said that his concern is that we are all in the same boat, and suggested that it is time to consider claw-backs because the public is taking cuts. Nina Beatty voiced concerns regarding biological warfare and radiation tests that were done in the 1950s. She also voiced concerns that chemicals caused a Chronic Fatigue Syndrome in the 1980s. She said that documents from the 1970s show extensive knowledge about detrimental effects of radio frequencies. Maxwell Green clarified that it is true that letters were sent to hotels regarding the Conference Center, saying that there are many small hotels off the beaten path and the City should consider what they can do to help them. Bob Oliver said that Sunny Fawcett is having an issue with the Monterey Police Department, and he has been trying to have a meeting with the Police Chief. Having no further requests to speak, Mayor Della Sala closed public comments. City Attorney Davi explained that, with regard to the Sunny Fawcett matter, the City Council does not have jurisdiction over criminal cases. Mayor Della Sala called a recess at 9:02 p.m., and reconvened the meeting at 9:10 p.m. PUBLIC HEARING 25. Request to Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (Finance - 407-08) Action: Adopted Resolution No. 13-117 C.S. 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. Assistant Finance Director Porter presented the staff report, saying that there were no protests regarding this item. Vice Mayor Selfridge opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-117 C.S., continuing the levy assessments on lodging businesses within the Monterey County Tourism Improvement District: 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 Council Meeting Minutes Tuesday, July 2, 2013 PUBLIC APPEARANCE 26. Adopt FY 2013/2014 Neighborhood Improvement Program (NIP) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 13-118 C.S. Deputy City Manager Plans and Public Works Uslar presented the staff report. Mayor Della Sala opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 13-118 C.S., approving the FY 2013/2014 Neighborhood Improvement Program, applauding the NIP for their work: 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 27. Adopt FY 2013/2014 Capital Improvement Program (CIP) (Plans & Public Works - 807-02) Action: Adopted Resolution No. 13-119 C.S. Deputy City Manager Plans and Public Works Uslar presented the staff report. Mayor Della Sala opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-119 C.S., approving the FY 2013/2014 Capital Improvement Program: 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 28. Amend Resolution 07-207 C.S. Moving 2.0 Acre Feet of Water From the Affordable Housing Water Allocation to the Economic and Environmental Sustainability Water Allocation; Amend Resolution 12-041 C.S. Clarifying that the Request for Proposal Evaluation Criteria Include an Assessment of the Qualitative Economic Impacts of a Project Versus Empirical Evidence, Adopt a Resolution Authorizing Distribution of a Request for Proposals for Projects (RFP) that Can Satisfy the Criteria for the Economic and Environmental Sustainability Water Allocation and Approving RFP Distribution List (Plans & Public Works - 203-07) Action: Amended and adopted Resolution No. 13-120 C.S. (3-2; Haffa, Della Sala voting no) Chief of Planning Rerig presented the staff report and answered Councilmembers’ questions. Mayor Della Sala opened the item for public comments. Nelson Vega voiced concerns regarding the criteria for the process, and suggested that affordable housing should be a separate category and that the water be distributed equitably across the City. He suggested allowing 60 days to submit a response to the RFP. 10 Council Meeting Minutes Tuesday, July 2, 2013 Jerry Anderson on behalf of the Saucito Land Company thanked the Council for their expressions of support. He said that they are prepared to move forward with their project as soon as it is approved. He asked Council to renew the pre-commitment of 1.6 acre feet of water for their project. On question, City Attorney Davi explained that an indemnification against law suits would require a separate document. On question, Mr. Anderson said that he is unable to say tonight that his company would indemnify the City if water were granted. On question, He said that all of their planning since 2008 has included the 1.6 acre feet of water that was pre- committed. He reviewed the risks and uncertainties regarding the RFP process. He clarified that he cannot move forward on his project until water is secured. Randy Johnson, property owner on the corner of Munras and Soledad, said that his property is not on the list, but he would like to have it included on the list to respond to the RFP. On question, Chief of Planning Rerig clarified that the property is outside of the three areas that the Council has identified for revitalization. Mr. Johnson said that his property is in the City, fits the applicable criteria, and is a gateway to the City. Having no further requests to speak, Mayor Della Sala closed public comment Councilmember Downey moved the staff recommendation to adopt Resolution No. 13-120 C.S. with the change of “empirical” to “qualitative” under #2; and to allow the Work Property to resume their water allocation without having to go through this process under #4, and Councilmember Sollecito seconded the motion. City Attorney Davi said that the Work site could be exempted from the process, but allocating the water is not on the agenda. Mayor Della Sala said that given the delay in being able to grant water to the project he does not believe it is worth the risk to exempt the Work project. Councilmember Haffa agreed. Councilmember Downey amended her motion to add Council’s desire to be indemnified in exchange for the waiver of the process for 459 Alvarado, and the seconder of the motion agreed. Upon further discussion, Councilmember Downey withdrew her motion. It was moved by Councilmember Downey, and seconded by Councilmember Haffa to approve the staff recommendation to adopt Resolution No. 13-120, changing the word “empirical” to “qualitative” under #2, and finding 459 Alvarado be exempt from the process; and to direct staff to bring back the allocation of 1.6 acre feet of water for 459 Alvarado at a subsequent meeting. Mr. Anderson expressed concern that there would be impossible conditions attached. After discussion, Councilmember Haffa withdrew his second, and Councilmember Sollecito seconded the motion. Councilmember Downey amended her motion to direct staff to bring back the allocation at the next regular Council meeting, and the seconder agreed. Councilmember Selfridge said that she was confused about the expiration date, so she understands Mr. Anderson’s point. On question, staff clarified that there would be 4.789 acre feet left to allocate if the 1.6 acre feet were committed to 459 Alvarado. Councilmember Downey amended her motion to express a desire that the City is indemnified against a lawsuit, and Councilmember Sollecito agreed to the amendment. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Selfridge, Sollecito 11 Council Meeting Minutes Tuesday, July 2, 2013 NOES: 2 COUNCILMEMBERS: Haffa, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS Assistant City Manager McCarthy reported on upcoming PG&E projects for pressure testing the lines along Del Monte and Figueroa Streets. Mayor Della Sala reminded people to attend the 4th of July festivities. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:24 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 12