Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 21, 2014 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 Interim City Manager, Director of Information Resources/City Clerk, City Present: Attorney, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental , Community Services Director, Police Chief, Housing & Property Manager, City Engineer, Harbormaster, Associate Planner, Principal Engineer, Communications and Outreach Manager, Assistant Finance Director CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Sollecito announced that Monterey will receive a project award at tomorrow’s TAMC meeting for the recent redesign of the Del Monte/Pacific Street intersection. He reported that there will be a California Public Safety meeting tomorrow where they will discuss unmanned aircraft and marijuana. Councilmember Downey offered kudos to NPS and DLI for offering a Saturday morning “Breakfast for your Brain” to mentor students with several topics. She said that later there will be a report regarding the most recent Golden State Theatre Steering Committee meeting. Councilmember Haffa reported that he met with Chief Penko and Downtown business representatives last week to discuss an ambassador program and hiring a security officer to address some of the homeless issues. He reported on the ACLU's annual meeting regarding homelessness, said that he participated in yesterday's Martin Luther King march, and thanked Seaside for hosting that event. Councilmember Selfridge reported on a recent South County cities meeting and announced that the next FORA meeting would take place on February 13. She said that there will be a fund raiser for the Golden State Theatre on February 1. Councilmember Downey reported on a League of California Cities meeting regarding PERS, where they discussed a referendum. Mayor Della Sala reported on the recent Waterfront Subcommittee meeting, saying that they plan to have a draft plan within the next sixty days. He summarized some elements of that plan. CONSENT ITEMS Interim City Manager McCarthy said that there are requests to remove Items 2 and 4 from the Consent Agenda.  City Council Minutes Tuesday, January 21, 2014 Councilmember Downey offered kudos to staff on the Storm Water Management Program that is the subject of Item 3. Councilmember Selfridge asked if approving Item 4 would help offset the cost of the minimum wage raises, and Community Services Director Bui Burton said that it would. On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Items 2 and 4, which were removed for discussion: 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. January 7, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Approve Withdrawal of Monterey Peninsula Engineering Bid; Award Construction Contract for Highway 68 Sewer Forcemain Rehabilitation Project (Plans & Public Works - 704-06) Action: Removed from Consent; discussed; adopted Resolution No. 14-005 C.S. and Resolution No. 14-006 C.S. Chief of Planning and Engineering Rerig presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment, had no requests to speak, and 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 adopted Resolution No. 14-005 C.S. approving a withdrawal of the Monterey Peninsula Engineering bid: 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 Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution 14-006 C.S., awarding the Construction Contract for Highway 68 Sewer Forcemain Rehabilitation Project, including the ten percent contingency: 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 2  City Council Minutes Tuesday, January 21, 2014 Ordinances 3. 1st Reading – Amend Monterey City Code Chapter 31.5 Storm Water Management Article 2 Urban Storm Water Quality Management and Discharge Control to Implement Post- Construction Stormwater Management Requirements for Development Projects (Plans & Public Works - 806-11) Action: Passed Ordinance to print Resolutions 4. Approve Schedule of Fees and Charges for Programs and Services of the Recreation Division of the Community Services Department and Veteran's Memorial Park Camping Fees of the Plans and Public Works Department (Recreation & Community Services - 407-06) Action: Removed from Consent; discussed; adopted Resolution No. 14-007 C.S. Community Services Director Bui Burton gave a staff presentation and answered Councilmembers' questions. Councilmember Downey said that she has not voted for an increase for the past two years and feels that one is needed at this time. She voiced concerns regarding the increase for senior citizens and suggested charging more for corporate memberships instead. Sports Center Manager Vierra explained that the advertised corporate rate is based on ten percent off of a regular adult membership. Ms. Downey asked that staff review the rules and regulations in the future, keeping youth and seniors in mind. On further question, Mr. Vierra explained the "Playship" program. Councilmember Selfridge thanked staff for keeping the fees affordable. Mayor Della Sala opened public comment on the item, no one came forward, and he returned the discussion to the dais. On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-007 C.S. approving the Schedule of Fees and Charges for programs and services of the Recreation Division of the Community Services Department and Veteran's Memorial Park Camping Fees of the Plans and Public Works Department: 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 5. Award Contract for Police Transcription Services and Authorize the City Manager, or His Appointee, to Enter Into an Agreement for Transcription Services (Police - 704-05) Action: Adopted Resolution No. 14-008 C.S. 6. Authorize the City Manager, or His Designee, to Enter Into a Memorandum of Understanding with the City of Salinas for Police Department Participation in the "Avoid the Twenty DUI Campaign - Monterey and San Benito Counties" (Police - 704-05) Action: Adopted Resolution No. 14-009 C.S. 7. Authorize Appropriation of Community Foundation for Monterey County Grant Funds for Pacific Biological Laboratories Interpretive Plan (Library - 409-05) Action: Adopted Resolution No. 14-010 C.S. 3  City Council Minutes Tuesday, January 21, 2014 8. Ratify Award of Contract and Appropriate Funds to Monterey Bay Diving for Emergency Diving Services for Sunken Vessel Andrea (Public Facilities - 904-01) Action: Adopted Resolution No. 14-011 C.S. ***End of Consent Agenda*** Council adjourned to a meeting of the Ocean View Community Services District. 9. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-09) Action: Received report City Attorney Davi said that there is no report at this time. On question, she said that staff has not received any information regarding a bankruptcy, but that the land use rights run with the property. Director Sollecito said that the project is still under discussion at the Coastal Commission. Chair Della Sala noted for the record that the report was received by the Board. The Board of Directors adjourned back to the City Council meeting. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Ron Cheshire voiced concerns regarding the continuing drought and the potential of water rationing. He reviewed the most recent Charter Amendment regarding bid requirements. He voiced concerns regarding requirements to pay prevailing wages and submitted information to the Council for review. Sam Rashkin, economic development consultant, introduced three new projects to improve locally owned businesses. He said that timing is an issue and that working under expired leases is a problem for tenants. He said that he has assembled a team to work on the backlog of leases and asked that Vice Mayor Sollecito accept a leadership role to get the job done. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 10. Guidance Concerning 2014 Neighborhood Improvement Program (NIP) Objectives (Plans & Public Works - 808-01) Action: Council consensus to direct staff to turn in application forms for road improvements, refurbishing Council Chamber pews, improved safe access to the Dennis the Menace train, and replacement of the microphones in the Chamber. City Engineer Reeves gave a brief report and said that if Council has specific projects that they would like to recommend, the NIP Committee would like to receive those recommendations at this time so they can be considered during their process. On question, Mr. Reeves said that he would recommend that Council consider road projects. Councilmember Selfridge asked to have the Council Chamber pews refurbished. She said that the State Theatre Steering Committee is working on a proposal, but is not quite ready. Mayor Della Sala reminded that the deadline to submit proposals is February 14. Councilmember Sollecito said that roads must be a top priority. Councilmember Haffa echoed the comment regarding roads and noted that the City survey last year showed that is a priority for citizens. He suggested a project to increase children's safe access to the train at Dennis the Menace Park. On question, Interim Assistant City Manager Uslar explained that the street in front of the Youth Center needs extensive reconstruction and competes with other streets within neighborhoods. He reported that at this time the funds have been limited to slurry seal. 4 City Council Minutes Tuesday, January 21, 2014 Mr. Reeves said that NIP Spokesperson Heuer reminded him that there is a current project regarding the train at Dennis the Menace train. He clarified that he would turn in in nomination forms for roads, Council Chamber pews, and the train. Ms. Downey asked NIP to consider replacing the microphones in the Chamber. Mayor Della Sala opened the floor for public comments on the item, had no requests to speak, and closed public comments. Mayor Della Sala reviewed the closed session agenda and offered the public an opportunity to speak on any of the three items. There were no requests to speak. Mayor Della Sala adjourned the meeting to closed session at 4:48 p.m. Council reconvened at 7:00 p.m. with all Councilmembers present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the Council received and discussed a report during a conference with legal counsel about seven existing cases of litigation and one case to decide whether to initiate litigation. She reported that in a conference with real property negotiators regarding property at 101 Fisherman's Wharf (Wharf No.1, Concession 15), agency negotiators: Hans Uslar, Chip Rerig, and Rick Marvin, negotiating parties: Anthony Rappa, et al, under negotiation: terms for granting consent to lease assignment, the City Council gave confidential direction to their negotiators on a 4-1 vote, with Haffa voting no. Ms. Gawf stated that the Council did not discuss or take action on a third item, a conference with legal counsel regarding anticipated litigation due to significant exposure to litigation, Rappa assignment of lease request. WATER UPDATE Executive Director Cullem reported that Cal Am has awarded the design build contract for the desalination project to CDM, and Dave Stoldt has completed 15 presentations to City Councils and others regarding the water rate bond and water project update. He reported that Senator Monning will introduce the Monterey Water Supply Securitization Act into legislation this week in order to save ratepayers tens of millions of dollars. He said that the Water Authority audit is now complete and ready to present to the Authority. Mr. Cullem said that Cal Am and MRWMD are making good progress toward development of a term sheet and possible purchase agreement for renewable electrical power fueled by landfill gas. He said that the TAC continues to explore ways to provide support for the Pollution Control Agency's GWR project and the biggest delay at this point is the delay in getting a Marina permit for Cal Am to build the test slant well at the CEMEX plant. Councilmember Downey said that she is discouraged with MRWPCA regarding GWR because the committee's process has slowed with regard to mediation or arbitration talks. On question from Mayor Della Sala, Mr. Cullem reported that he has passed information on to the Special Counsel regarding the Governor's declaration of a drought emergency and how that might help speed the process. Mayor Della Sala opened public comment on the item. Daryl Kenyon, Monterey commercial property owner, read a portion from the Governor's proclamation that he said seems to indicate there might be help available from the State. Having no further requests to speak, Mayor Della Sala closed public comments. 5  City Council Minutes Tuesday, January 21, 2014 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Judy Karas thanked the City for street and signage repairs. She noted that there is rut in the sidewalk on Munras near the corner of Fremont Street. She said that the car wash on Fremont Street has a high release of water that comes out with no ability to turn it down. Nina Beety cited an editorial asking people to pray for rain. She said that there is a worldwide protest scheduled for Saturday to stop geoengineering. She said that there is an electromagnet wall that causes some of the horrible weather that is currently being experienced. She voiced concerns regarding military use of electromagnetic waves and other experiments. With no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 11. Update on the Cooper Molera Adobe - A Presentation by National Trust and Foothill Partners Action: Received presentation and public comment Interim City Manager McCarthy introduced the item and the speakers: Stephanie Meeks, President of the National Trust for Historic Preservation, Douglas Wiele, President Foothill Partners, and Katherine Malone-France, Director of Outreach, Education and Support of Historic Sites. Ms. Meeks thanked the community for the support. She presented a history of stakeholder meetings and the process that has taken place over the past year. She described the current concept for the property. Doug Weile said that he is excited to be at the table for this project, and the plan has strengthened over the past months. He reviewed additional details regarding the concept. Katherine Malone-France reviewed how the facility will be interpreted, development of the gardens, and some of the proposed programs for the site. Ms. Meeks summarized the benefits of the proposal, including capital repairs to the site, greater access, continuation of programming and new programming, new jobs, new tax revenues, on site presence of National Trust, a new National model for managing an historic site, and a sustainable economic future. Councilmember Sollecito asked how the State's recent actions regarding the adobes affect this asset. Ms. Meeks said that she does not know the specifics, but it is likely that the State will not continue its relationship with the National Trust. Councilmember Downey applauded the National Trust regarding the evolution of this project. She voiced one remaining concern that parking would be an issue. She hoped that a valet parking agreement would be a written requirement regarding this facility so it would not impact Trader Joe's lot. She said that if the parking issue can be solved it will be a great project. Councilmember Haffa thanked the National Trust, saying that he supports this plan that keeps the homes intact and creates a synergy. Mayor Della Sala asked about the value of the presence of the National Trust, and Ms. Meeks said that it is important for them to do outreach to the community. Mayor Della Sala opened public comment on the item Mat Fuzie, District Superintendent of California State Parks in Monterey said that his organization is proud to work with the National Trust on this matter. He said that this will allow the State to use their resources at other historic sites in the area. 6  City Council Minutes Tuesday, January 21, 2014 Jan Houser, Co-president at Monterey State Park Association spoke in support of the proposal. Rick Johnson, Executive Director OMBA, said that OMBA is a member of the National Trust and the adobes are critical to the Downtown. He supported the proposal to make Cooper- Molera a living asset. Bill Leahy, Executive Director Big Sur Land Trust, said that his organization is fascinated to see the adobes reconnected to the public and community. Judy Karas, Monterey resident and Member of the National Historic Trust, said that she is grateful to the people who have kept the Cooper-Molera going and she supported the proposal. She suggested keeping the grounds open on Tuesdays when the Farmers' Market is open. Pamela Burns, Monterey resident, spoke in support of the proposal, saying that it creates community. Bob Reese, former State Park Ranger and Historian, spoke in support of the proposal. Tony Tolner spoke in support of the proposal. Michael Albov spoke in support of the proposal. Cathy Anderson spoke in support of the proposal. Toy Bryant said that MSPA has been able to put together grants to achieve a goal of reopening the adobes. She supported the proposal for Cooper Molera. Mike Dawson, President of Monterey Alliance of Preservationists, spoke in support of the current proposal. Having no further requests to speak, Mayor Della Sala closed public comment on the item. PUBLIC HEARING 12. Consider Recommendation from the Planning Commission to Adopt a Mitigated Negative Declaration; Rezone Portions of the North Fremont Specific Plan Planning Area from Community Commercial (C-2), to Planned Community – North Fremont (PC-NF); Repeal the North Fremont Area Plan; and, Adopt the North Fremont Specific Plan – Staff Recommends Continuing This Item to February 18, 2014 (Plans & Public Works - 201-12) Action: Continued to February 18, 2014 On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to February 18, 2014: 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 13. Receive Verbal Report from City Council Subcommittee and Consider its Recommendation to Authorize the Expenditure of up to $20,000 to Complete a Facility Condition Assessment; Authorize Finance to Create a Separate Account to Accept Donations for Golden State Theatre Due Diligence costs. (Council Subcommittee - 104-01) Action: Authorized staff to set up an account. Chief of Planning Rerig reported on yesterday's subcommittee meeting, a fundraising event at the State Theatre on February 1, 2014, the development of the Steering Committee, and the development of a Business Plan by MIIS. On request by Councilmember Selfridge, Steve Vagnini clarified that no one is saying that the City should buy the GST, rather that it is important to perform the due diligence. He said that there is excitement in the community and it is important to raise funds so the City does not have to spend money up front. 7 City Council Minutes Tuesday, January 21, 2014 Councilmember Downey thanked Mr. Vagnini for pulling together the fundraiser and for chairing the Steering Committee. She asked if someone is needed to review the performing arts requirements for the theatre. Councilmember Sollecito thanked the people who are working so hard on this project. He suggested that it might be better to have the business plan before moving forward with the building inspection. Mr. Rerig said that both could proceed in tandem. Councilmember Sollecito said that he fears a business plan would indicate that a subsidy is necessary and he does not want to spend taxpayer money in advance of obtaining that information. Councilmember Downey said that if there is a structural problem it might end the conversation. Mr. Sollecito said that an ongoing substantial subsidy is far more concerning than a structural problem. Councilmember Sollecito said that he would hope a private entity would operate the facility. He said that he needs more information. On question by Councilmember Haffa, Ms. Selfridge said that the MIIS report would be done in May. Mr. Haffa said that there is a possibility that much of the funds will be raised privately. Ms. Selfridge explained that the subsidy for the Sunset Theater is largely due to the $22 million upgrade that was done on that building. She said that the committee does not plan to spend the money now, but would like to have it available. Councilmember Downey asked to hear from Mr. Vagnini. Mr. Vagnini said that he believes the City could negotiate a good deal and with the right organizational structure he believes the facility could be run without a subsidy. He said that cost is the missing piece at this time. Mayor Della Sala asked if the owner has been asked if they are willing to allow a facilities assessment. Mr. Vagnini said that there is reluctance by the owner to do that study at this time. On request by the Mayor, Mr. Flagel said that the owner of GST has no problem with the MIIS study. He said that doing a physical study on the building before it is under contract would be in the wrong order. Ms. Downey said that the City is not going to purchase a building without knowing its condition. Mr. Flagel said that many studies and inspections have been done on the building and there is adequate information to put the building under contract. Councilmember Downey disagreed. Councilmember Haffa urged Council to be cautious about negotiating the deal in public. City Attorney Davi said that it is appropriate to consider whether an inspection is done prior to an offer or as a contingency. Mayor Della Sala opened general public comment on the item. Nelson Vega said that the GST could be a great asset for the City, but before putting a contract together the Council should have a real estate broker represent them. He opposed spending money on the property prior to having it under contract. He said that he would support the purchase if it is at the right price and is not a drag on the taxpayer. Interim City Manager McCarthy said that he believes getting the business proforma prior to committing money to a building inspection would be the first step. It was moved by Councilmember Selfridge, and seconded by Councilmember Sollecito, to authorize the Finance Department to create a separate account to accept donations for Golden State Theatre due diligence costs. Councilmember Downey said that the Mayor and Vice Mayor were not present at the recent Forum where a panel discussion was held on this topic, so do not know all of the information. 8 City Council Minutes Tuesday, January 21, 2014 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 CITY MANAGER REPORTS Interim City Manager McCarthy reminded Council that there would be a Study Session regarding PERS tomorrow at 4:00 p.m. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:07 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 9