Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 4, 2014 4:00 - 7:00 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, City Attorney, Director of Information Resources/City Present: Clerk, Chief of Planning, Engineering, and Environmental Compliance, Community Services Director, Police Chief, Fire Chief, Principal Planner, Housing & Property Manager, City Engineer, Parking Superintendent, Senior Associate Planner, Harbormaster, Human Resources Analyst, Benefits Manager, Communications and Outreach Manager, Employee Relations Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Selfridge reported on the Golden State Theatre fundraiser, saying that it was a great success. She thanked everyone who worked on the event. Councilmember Downey agreed that the fundraiser was a wonderful, vibrant event. She gave a special thank you to Steve Vagnini, who produced it, and thanked everyone for their support. Councilmember Haffa said that the Golden State Theatre fundraiser was an amazing event, the performers were outstanding, and he was very impressed with the support shown by the community. Mayor Della Sala cited a front page article in this morning's Herald regarding a Monterey Police Association survey. He said that the survey was meant for internal use. He assured the public that the Chief and Police Officers will address the issues brought forward in the survey. CONSENT ITEMS Mayor Della Sala noted an amendment to the minutes. Councilmember Downey expressed concerns regarding a public comment made by Sam Rashkin at the last meeting when he asked Vice Mayor Sollecito to take a leadership role in the upcoming lease renewals. Vice Mayor Sollecito said that he attended a meeting at the Wharf as a Councilmember to listen to concerns of the lease holders, and Council is already working on the backlog of leases. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the amended Minutes of January 21, 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  City Council Minutes Tuesday, February 4, 2014 Interim City Manager McCarthy said that a member of the public has asked to remove Items 6 and 7 from consent for discussion. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved Items 2, 3, 4, and 5 of the Consent Agenda: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. January 21, 2014 (Information Resources - 701-09) Action: Amended and approved Ordinances 2. 2nd 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: Adopted Ordinance No. 3493 Resolutions 3. Appropriate Funds from the 2013-14 Monterey Bay Unified Air Pollution Control District (MBUAPCD) AB 2766 Grant for the Lighthouse Avenue Corridor Adaptive Signal Control System Project; and Authorize the City Manager to Enter into a Contract with MBUAPCD (Plans & Public Works - 409-02) Action: Adopted Resolution No. 14-012 C.S. 4. Authorize City Manager to Execute Agreement with California State Parks Division of Boating & Waterways to Accept and Appropriate Annual Grant from the Vessel Turn-In Program (Public Facilities - 904-01) Action: Adopted Resolution No. 14-013 C.S. 5. Award On-Call Environmental Consulting Services 2014-2016 Professional Services Agreements ***CIP/NIP/PMSA*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-014 C.S. 6. Amend the Schedule of Administrative Citation Fines to Increase the Fine for Violation of Monterey City Code Section 38-26(O) (Short Term Rental in Residential Zone Prohibited) From $500 to $1,000 (City Attorney - 701-13) Action: Removed from Consent; discussed; adopted Resolution No. 14-015 C.S. City Attorney Davi presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Nelson Vega said that he does not own any short-term rental properties. He suggested that there might be an opportunity to allow short-term rentals in some areas in order to encourage tourism and increase TOT and sales tax revenue. He said that the fine should be graduated, rather than charging $1,000 per day. 2  City Council Minutes Tuesday, February 4, 2014 Having no further requests to speak, Mayor Della Sala closed public comment on the item. On question, City Attorney Davi confirmed that the Charter would have to be changed regarding Visitor Accommodation Facility zoning by a vote of the people in order to allow short-term rentals. Councilmember Downey explained the difficulties associated with a short-term rental that was occurring illegally in her neighborhood. City Attorney Davi clarified that the City Charter excludes house swapping from the VAF regulations. Mayor Della Sala stated that this action protects Monterey's neighborhoods and citizens, who are the Council's first responsibility. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-015 C.S., amending the Schedule of Administrative Citation Fines to increase the fine for violation of Monterey City Code Section 38-26(O) (Short Term Rental in Residential Zone Prohibited) From $500 to $1,000: 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 Other 7. Appoint Agency Negotiators for Labor Negotiations with the Monterey Executive Management Employees Association (MEMEA), Management Employees’ Association (MEA), General Employees of Monterey (GEM), Unrepresented Regular Part-time (RPT) Employees, Unrepresented Assistant Police Chief, Police Lieutenants Management Association (PLMA), Monterey Police Association (MPA), Monterey Fire Chief Officers’ Association (MFCOA), and Monterey Fire Fighters Association (MFFA) (Human Resources - 507-01) Action: Removed from Consent; discussed; approved (3-2; Downey and Selfridge voting no) Acting Human Resources Director Maloney presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment on the item. Nelson Vega said that there should be an independent group of people negotiating with the employee groups on behalf of the City Council because it is an inherent conflict of interest. He opposed appointing negotiators until after the budget process has begun. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Downey said that she cannot support these negotiating teams because she believes outside negotiators should be utilized. Mayor Della Sala said that each time the Council negotiates, a comprehensive analysis is done of a comparable set of cities and Monterey is not at the top of those comparisons. He noted that the employees are voluntarily paying 3% of the City's share of the PERS costs. Councilmember Sollecito said that the City has done a good job in these negotiations and he would like to stay with the current system because an outside negotiator could not do better. Councilmember Haffa said that if a manager's salary is affected it would be a conflict. He said that he has been on the other side of the table and has never felt that the administration was 3 City Council Minutes Tuesday, February 4, 2014 trying to help his group get a raise. He said that having an outside negotiator for the Executive Management Group will give a chance to see how that works. Councilmember Selfridge said that she could not support the appointment of these negotiators. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council appointed the agency negotiators for labor negotiations with the Monterey Executive Management Employees Association (MEMEA), Management Employees’ Association (MEA), General Employees of Monterey (GEM), Unrepresented Regular Part-time (RPT) employees, unrepresented Assistant Police Chief, Police Lieutenants Management Association (PLMA), Monterey Police Association (MPA), Monterey Fire Chief Officers’ Association (MFCOA), and Monterey Fire Fighters Association (MFFA): AYES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments for items not on the agenda. Dewey Ichen quoted Section 20.85 of the Monterey City Code regarding sleeping in vehicles, saying that this law is reprehensible for civil liberties. Ron Chesshire, CEO Monterey-Santa Cruz Building Counsel, congratulated the people who arranged the State Theatre fundraiser and supported studying its purchase. He addressed closed session Item 4, saying that as a Charter City, Monterey has latitude with regard to State law. He said that Prevailing Wage is not strictly a municipal affair and affects the whole community. He asked Council to oppose any effort to have the State law reconsidered. Glen Schaller, Political Coordinator of the Monterey Labor Council, agreed with the previous speaker. He asked Council to contact state representatives Mark Stone and Bill Monning before taking any action to challenge SB7. Nelson Vega thanked the Mayor for addressing the State of the City. He asked what happened to the money with regard to an increase in the General Fund revenue over the past several years. He recommended having an independent board look at the budget. He said that there must be fairness with respect to public and private employees. Andy Hartman, International Electrical Union, expressed disappointment in recent bids undertaken by the City without any requirement for paying prevailing wage. He opposed fighting SB7, noting that the City of Santa Cruz has recently adopted a prevailing wage ordinance. Charles Wilson, Monterey resident, said there is no provision for children of Monterey Peninsula families to be able to afford housing here. He supported building small, cheap, plain micro- houses, and asked if Council would consider such a plan if it were presented. Linda Feldman, Pebble Beach resident, said that cars and bicyclists must follow the laws, and she suggested licensing bicyclists to hold them accountable. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala clarified that any project that the City of Monterey puts out for bid in excess of $60,000 is required to pay prevailing wage. 4  City Council Minutes Tuesday, February 4, 2014 PUBLIC HEARING 8. Adopt the New Monterey Historic Context Statement and Reconnaissance Survey as Recommended by the Historic Preservation Commission, Exempt from CEQA (Section 15308) (Plans & Public Works - 209-01) Action: Amended and adopted Resolution No. 14-016 C.S., excluding 861 Lobos Street, 690 Pine Street, and 598 Pine Street, from the list, and sent 824 Lobos Street back to the HPC for further evaluation (4-0-1; Selfridge not participating due to a potential conflict of interest) Councilmember Selfridge recused herself from hearing this item due to a potential conflict of interest because she owns property in the area. She left the Chamber. Senior Associate Planner Hopper presented the staff report and answered Councilmembers' questions. She reviewed the list of recommended exclusions as well as properties that are not recommended for exclusion. On question, Ms. Hopper said that additional time could be granted for further review. Councilmember Haffa thanked the staff for the work on the project. Councilmember Downey clarified that this action does not place restrictions on property owners. Mayor Della Sala clarified that this action could be beneficial to homeowners. Councilmember Downey expressed concern in designating the properties whose owners object, particularly the “Modern” category. Mayor Della Sala opened the Public Hearing. Mary Ann Kane, owner of 861 Lobos Street, asked to remove her home from the list of potential historic resources, saying that hers is not the original house because 45% of the home is an addition and not fifty years old. She said that originally, there were two buildings, an office and guest house. She summarized by reviewing the historic zoning ordinance and said that her house does not qualify. With no further requests to speak, Mayor Della Sala closed the hearing regarding this property. Councilmember Downey disclosed that she talked previously with Ms. Kane about this topic and received the information that was presented tonight. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council excluded 861 Lobos Street from the list: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Selfridge The hearing was reopened by the Mayor. Mr. Wilson, 690 Pine Street, said that he has done extensive work to the house during the past 35 years, including adding a foundation, replacing the porch, and building a substantial addition in 1975. He asked to be excluded from the list of potentially historic property. With no further requests to speak about this property, Mayor Della Sala closed this portion of the hearing. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council excluded 690 Pine Street from the list: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Selfridge 5 City Council Minutes Tuesday, February 4, 2014 Mayor Della Sala reopened the Public Hearing. Diana Galbraith said that she has not previously asked for an exclusion from the list for her property at 380 Belden. She said that while there is a tax benefit to being on the list, it is a detriment to selling a property. She said that she understands that her property will soon be on the "no" list. Michael Androsko, 598 Pine Street, said that he does not want to be on the list due to the potential lessening of the value of the house. With no further requests to speak, Mayor Della Sala closed the hearing. On question, Ms. Hopper said that this house falls under the Mid- Century Modern designation, Councilmember Sollecito said that he does not see that this style is scarce and he does not understand adding this category on at the last minute. Councilmember Haffa agreed. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council excluded 598 Pine Street from the list: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Selfridge Councilmember Downey said that she understands the idea intellectually regarding “Modern,” but emotionally she does not agree with it. Mayor Della Sala cited a letter from Theresa Hallock of 824 Lobos Street asking to be excluded. Ms. Hopper said that she spoke to the property owner, but does not have a history of this property. Mayor Della Sala opened the Hearing on this property, had no requests to speak, and closed the Public Hearing. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council referred the property at 824 Lobos Street back to HPC for further analysis: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Selfridge It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to exclude 487 Foam and 704 Foam from the list Senior Associate Planner Hopper said that there are very few examples of High Victorian homes and 487 Foam is an example of that. She recommended keeping it on the list. She reviewed 704 Foam, saying that it was probably a four-square house. Mr. Haffa said he would have difficulty excluding 487 Foam. Councilmember Downey withdrew her motion. Mayor Della Sala opened the Public Hearing on 487 and 704 Foam Street, had no requests to speak, and closed the Public Hearing. 6  City Council Minutes Tuesday, February 4, 2014 On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 14-016 C.S., approving the New Monterey Historic Context Statement and Reconnaissance Survey as amended: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Selfridge PUBLIC APPEARANCE 9. Authorize Staff Support for Development of a Community Quota Fund to Secure the Groundfish Fishery in the Area (Public Facilities - 904-01) Action: Adopted Resolution No. 14-017 C.S. Harbormaster Scheiblauer presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the item for public comment. Gino Pennisi said that the Quota Fund could help the fishing community and asked Council to adopt it. With no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey said that Mr. Scheiblauer does a great deal for the fishing community and Councilmember Sollecito agreed. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-017 C.S., authorizing staff support for development of a Community Quota Fund to Secure the groundfish fishery in the area: 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 10. Adopt Prioritization of Building Usage on North End of Municipal Wharf II (Public Facilities 904-01) Action: Adopted Resolution No. 14-018 C.S. Harbormaster Scheiblauer presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Gino Pennisi spoke in support of the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-018, approving the recommended prioritization of building usage on North End of Municipal Wharf II: 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 City Council Minutes Tuesday, February 4, 2014 WATER UPDATE Mayor Della Sala said that Senator Monning has introduced legislation to provide public financing for Cal Am's utilization on the water project. He reported that the Marina Planning Commission took up the bore hole issue and had quite a few questions. He said that the Mayors discussed the matter with the Mayor and City Manager of Marina to let them know that further delay could prolong the project by another 6 to 9 months. He said that the Planning Commission will hold a special meeting in Marina to take up the matter on February 6. He explained the process would allow testing of the mineral content of the sub surface water. Mayor Della Sala asked of there were any public comments on water. No one came forward and he closed public comment. CITY MANAGER REPORTS There was no report. Councilmember Downey congratulated City Engineer Tom Reeves on his recent award and City Attorney Davi for her appointment to a League of California Cities committee. Council adjourned to Closed Session at 6:31 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators regarding unrepresented regular part-time (RPT) employees, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. She reported that the Council gave confidential direction to their negotiators on two separate votes in a conference with labor negotiators regarding the Monterey Fire Fighter’s Association (MFFA) and Monterey Fire Chief Officers’ Association (MFCOA). The first roll call vote was 4-1, with Councilmember Selfridge voting no, and the second was unanimous. Ms. Gawf announced that the City Council directed their negotiators to open discussions with one candidate regarding a public appointment of an unrepresented employee, the Potential City Manager, and the roll call vote was 3-2, with Haffa and Selfridge voting no. There was no action on a discussion with labor negotiators for that unrepresented potential City Manager candidate. Ms. Gawf reported that a conference with legal counsel to decide whether to initiate litigation to challenge to SB 7 – State Interference with Constitutional Power of Charter Cities to Direct Municipal Affairs – resulted in a vote of 3-2, with Haffa and Selfridge voting no, to authorize financial participation of $5,000 in a lawsuit to challenge SB 7 ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 8:15 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 8