Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 18, 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, City Attorney, Director of Information Resources/City Present: Clerk, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental Compliance, Community Services Director, Police Chief, Housing & Property Manager, Fire Chief, Benefits Manager, Communications and Outreach Manager, Assistant Finance Director CALL TO ORDER Mayor Della Sala called the meeting to order at 4:05 p.m. and introduced Nicholas Brady, five- year-old violin virtuoso from Youth Music Monterey County, and he entertained the Council with a short concert. Master Brady received a standing ovation. COUNCIL COMMENTS Councilmember Haffa said that he met with some of the leadership of Monterey's Police Department after the recent survey came out and he conveyed his concern to them. He announced that Pacific Grove passed a challenge grant in the amount of $1 per resident, and he asked to agendize a comparable grant of $1 per resident from Monterey to go toward a regional parking program. Councilmember Downey asked to bring forward the idea of appointing a Budget Oversight Committee, noting that there is not enough staff time to administer the committee. She thanked Royal Calkins for his editorial regarding the State Theatre, and expressed regret regarding the Herald's recent reorganization. She said that CalTrans' service has been inadequate regarding public education on litter along the highway, and she asked that they do something to correct the problem. Ms. Downey said that having nine of twelve people who sit on the PERS Board eligible for PERS retirement benefits seems to be a conflict of interest. She offered kudos to the Work property developers and the Planning staff for their work on a recent application to rebuild the burned site Downtown. She congratulated Interim City Manager McCarthy for being appointed to the League's Employee Relations Committee. Councilmember Selfridge announced that Japanese American Heritage Days at the Wharf would be coming up in May and reported that Cannery Row is working on new signage. She agreed with Ms. Downey regarding the Budget Oversight Committee. Ms. Selfridge thanked Royal Calkins and the Monterey Youth Orchestra. Mayor Della Sala said that the monument currently under construction on Cannery Row will be unveiled on February 26th. He said that he appreciates the Cannery Row Association's expenditure of $1 million on that sculpture.  City Council Minutes Tuesday, February 18, 2014 CONSENT ITEMS Interim City Manager McCarthy said that there are no items requested for removal from Consent. He reported that the North Fremont Neighborhood Association has requested continuance of this evening's item regarding the Master Plan for that area. Councilmember Downey voiced her concern about continuing the item. She suggested hearing public comments on the item tonight. Mayor Della Sala said that he prefers to hear the item and all comments in their entirety at one hearing. Councilmember Downey asked to remove Item 5 from the Consent Agenda for discussion. Councilmember Haffa clarified that Item 3 is recommended for continuance. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, except Item 12 from which the Mayor abstained, the City Council approved the Consent Agenda, except Item 5: 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 22, 2014 (Information Resources - 701-09) Action: Approved 2. February 4, 2014 (Information Resources - 701-09) Action: Approved Ordinances 3. 1st Reading – Amend Monterey City Code Chapter 20, Article 6, Section 74 Pertaining to Peddling Food from the Public Right-of-Way – Staff Recommends Continuing This Item to March 4, 2014 (City Attorney - 701-11) Action: Continued to March 4, 2014 4. 1st Reading - Amend Monterey City Code Section 20-48.4, Subsections (a) and (b), to Allow Bicycles on the Alvarado Mall (Plans & Public Works - 201-12) Action: Passed to print Resolutions 5. Authorize Reimbursement Agreement in an Amount Not to Exceed $198,245 with PRI, LLC to Complete Construction of Common Area to Facilitate Completion of the Monterey Hotel 406 Alvarado Street (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; adopted Resolution No. 14-019 C.S. Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item. Nelson Vega said that we are in a rough position, but must move forward. He suggested including strong language in the agreement to protect public funds. He said that no one has been identified as responsible. 2  City Council Minutes Tuesday, February 18, 2014 Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On question, Mr. Marvin reviewed the various outside consultants who were consulted regarding the strategy for completing the project. Ms. Downey encouraged staff to continue to consult and to include in the staff report the total amount of expenditures on this project every time it comes before to Council. Councilmember Haffa suggested that the idea regarding reimbursement after inspections should be used. Mr. Marvin said that would be included in the reimbursement agreement. Mayor Della Sala reiterated that PRI Construction would not be paid until various phases of the construction of the common area are completed and have passed inspection. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-019 C.S. authorizing the Reimbursement Agreement in an amount not to exceed $198,245 with PRI, LLC to complete construction of common area to facilitate completion of the Monterey Hotel 406 Alvarado Street: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. Authorize the Interim City Manager to Enter into an Agreement for Jail Services with the Cities of Carmel-by-the-Sea, Del Rey Oaks, and Pacific Grove, and with the Monterey Peninsula Airport District (Police - 704-05) Action: Adopted Resolution No. 14-020 C.S. 7. Authorize the City Manager to Enter into Contracts of Acquisition to Purchase Easements for Storm Drain Purposes over Portions of the Land at 308 Mar Vista Drive, 309 Mar Vista Drive, and 241 Soledad Drive and to Sign the Certificates Accepting the Easements (Plans & Public Works - 803-04) Action: Adopted Resolution No. 14-021 C.S. 8. Approve Funding Pacific 1200 Blk Install Curb/Gutter No Sidewalk Cut-off Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 14-022 C.S. 9. Approve Appropriation and Transfer of Funds for the Dennis the Menace Park Boat Structure Replacement and Aguajito/10th St. Sidewalk/ADA Ramp Projects ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 14-023 C.S. 10. Authorize the Purchase of Four (4) 2014 Ford Police Interceptor Utility Vehicles (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-024 C.S. 11. Approve Request to Use Monterey Beach for Monterey Beach Sportsfest on October 4 and 5, 2014 and Authorize Waiver of Fees (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 14-025 C.S. 3  City Council Minutes Tuesday, February 18, 2014 Other 12. Authorize Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 595 Munras Avenue Agency Negotiators: Hans Uslar, Chip Rerig, Rick Marvin Negotiating Parties: Foothill Partners/Carl Outzen Under Negotiation: Discuss Offer to Purchase from Selected Developer (Plans & Public Works - 704-04) Action: Authorized (4-0-1 with Mayor Della Sala abstaining due to a potential conflict of interest) ***End of Consent Agenda*** Council adjourned to a meeting of the Successor Agency to the RDA. 13. Receive Report and Pursuant to Health and Safety Code Section 34191.5 Approve Long Range Property Management Plan That Proposes Transfer of Hotel Pacific at 300 Pacific Street to the City of Monterey (Plans & Public Works - 206-03) Action: Received report; adopted SA/RDA Resolution No. 864 Property and Housing Manager Marvin presented the staff report. Chair Della Sala opened the item for public comment, had no requests to speak, and closed public comments. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the Board received a report pursuant to Health and Safety Code Section 34191.5 and adopted SA/RDA Resolution No. 864, approving a Long Range Property Management Plan that proposes transfer of Hotel Pacific at 300 Pacific Street to the City of Monterey: 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 Board adjourned back to the City Council meeting. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments. Nina Beety requested accommodation under the ADA by having the wireless access turned off in the Council Chamber. She made several announcements regarding wireless, projects, radiation, and upcoming Naval testing. Nelson Vega voiced concern regarding the City Manager candidate that was identified in an article in the paper, saying that he has a lack of experience managing cities. He supported the idea of a Budget Oversight Committee. He said that pensions are a big issue, and people who benefit from the system should not sit on the PERS board. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 14. Consider 574 Watson Street; HPC Application 13-425 for a Mills Act Contract; Applicant/Owner Brushira and Amadou Diallo; R-3-6-H-2 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 209-05) Action: Held Public Hearing; adopted Resolution No. 14-026 C.S. 4  City Council Minutes Tuesday, February 18, 2014 Senior Associate Planner Hopper presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing to the applicant. Brushira Dialla thanked the Council and offered to answer questions. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-026 C.S. approving the 574 Watson Street HPC Application 13-425 for a Mills Act Contract; Applicant/Owner Brushira and Amadou Diallo; R-3-6-H-2 Zoning 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 PUBLIC APPEARANCE 15. Consider 301-375 Alvarado (P-13-259), 426 Alvarado (P-13-263), 459 Alvarado (P-13-264) and 474 Alvarado (P-13-257) Outdoor Seating - Planning Commission Recommendation; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Received report; adopted Resolution No. 14-027 C.S. (4-0-1; Mayor Della Sala not participating due to a potential conflict of interest) and Resolution No. 14-028 C.S. (5-0) Mayor Della Sala announced that he has a potential conflict of interest regarding 474 Alvarado Street so would not be participating in that portion of the hearing. He handed the gavel to Vice Mayor Sollecito and left the Chamber. Planning Commissioners Stocker and Widmar presented the report and answered Councilmembers' questions. They recommended approval, saying that the Planning Commission's approval was very enthusiastic. Principal Planner Cole presented additional details, including the effects on parking and traffic circulation. Vice Mayor Sollecito opened the floor for public comment on 474 Alvarado, no one came forward, and he closed public comment. On a motion by Vice Mayor Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-027, approving the Planning Commission recommendation on 474 Alvarado outdoor seating: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala Mayor Della Sala returned to the dais and took up the gavel. Ms. Cole presented additional details regarding the remaining properties and answered questions. Mayor Della Sala opened the public comment on the item. Jerry Anderson, Saucito Land Company, supported approval. He noted that the original RFP went out asking for five feet of clearance, but was revised after submittals. He said that the light post in front of his 5 City Council Minutes Tuesday, February 18, 2014 project should be addressed. With no further requests to speak, the Mayor closed public comment. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution 14-028 C.S., approving the Planning Commission recommendation regarding 301-375 Alvarado, 426 Alvarado, 459 Alvarado, outdoor seating, and directed staff to work with the applicant on the relocation of the light pole in front of 459 Alvarado: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened the floor for public comment on the closed session item. Nina Beety said that Colonel Pick does not have the required experience to be the Monterey City Manager, and his loyalty is to the military. She voiced concern regarding transparency and asked for more public involvement in the process, with no further consideration of Colonel Pick. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Council adjourned to closed session at 5:31 p.m. Council Reconvened at 7:00 p.m. Mayor Della Sala noted that there is a request from the Casanova Oak Knoll Neighborhood Association to continue Item 19. He asked if anyone was present to speak to that item, and no one came forward. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued Item 19, the Planning Commission recommendation to rezone portions of the North Fremont Specific Plan, to April 1, 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 ANNOUNCEMENTS FROM CLOSED SESSION Informational Resources Director/City Clerk Gawf announced that in a conference with labor negotiators, agency negotiator Janae Novotny, employee organization Executive Management Employee Association a report was received and no action taken. Ms. Gawf announced that in a conference with labor negotiators, agency negotiators Bill Avery and Michele Maloney, unrepresented employee potential City Manager, there was a motion to give confidential instructions to the negotiators, which failed due to a requirement for a four-fifths vote. The vote was 3-2, with Councilmember Sollecito and Mayor Della Sala voting no. She said that the item would be discussed further after the evening open session. WATER UPDATE Executive Director Cullem reported that State Senators Monning and Cannella introduced SB 936 in an effort to save ratepayers money on water bills through the use of public funding. He said that the Water Authority and City of Marina collaborated to gain approval for the installation of exploratory boreholes at the CEMEX site prior to the Snowy Plover nesting season, and samples of water are already being taken and evaluated. Mr. Cullem said that the State is 6  City Council Minutes Tuesday, February 18, 2014 offering very favorable terms for financial assistance for shovel ready recycling projects and the Pollution Control Agency is investigating if the GWR project qualifies. Mr. Cullem answered Councilmember Downey's concerns regarding speeding the process to select arbitrators for a potential arbitration. Mr. Cullem said that the first borehole is complete and samples have been sent to the lab. Mayor Della Sala thanked Mayor Delgado and the City Council of Marina for their thoughtful and justified decision regarding the boreholes. Mayor Della Sala opened public comment on the item. Nelson Vega suggested that Council have CalAm do a presentation regarding commercial and residential water rates. He said that the water rights have not been clearly defined regarding the recycled waste water and that should be resolved before spending too much money. He explained that it is important for the Mayor's group let the public know the importance of getting the largest desal plant and how it will reduce the cost of water. Mahine Gutano, Monterey resident, said that water is essential and should not be privatized because it is a public resource. She asked about the status of a petition that was circulated. Mayor Della Sala closed public comment on the item. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Judy Karas said that she is happy to see the Monterey Civics students in the Chamber. She voiced concerns regarding hydraulic fracturing, and said that petitions would be circulated asking Monterey County officials for a moratorium. She supported answering the challenge grant that the City of Pacific Grove passed. Jeralyn Crivillo, Monterey Civic Club President, gave a report on the club and announced that on March 1 they are celebrating the 100th Birthday of their building. Mahine Gutano, Monterey resident, voiced concerns regarding monthly street sweeping, saying that if cars are parked on the side of the street the sweeper misses the gutters. Interim Assistant City Manager Uslar said that the idea of placing signs was rejected due to issues of enforcement and the difficulty of finding parking spaces. Brushira Dialla agreed with the previous speaker, saying that sometimes the sweeper misses the curb even when the street is empty. Mr. Uslar noted that the Monterey City Disposal Director is in the audience and will address the issue. Having no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 16. Receive a Report on the Amgen Tour of California Stage 4 Start in Monterey (City Manager-101-14) Action: Received report Interim City Manager McCarthy introduced Eric Smith, who gave the presentation and answered Councilmembers' questions. Mayor Della Sala offered the opportunity for public comments, and no one came forward. PUBLIC APPEARANCE 17. Receive Verbal Report from City Council Subcommittee and Agency Negotiators on the Golden State Theatre (Plans & Public Works - 105-01) Action: Received and discussed report Councilmember Selfridge introduced Steve Vagnini, Chair of the Golden State Theatre Committee. Mr. Vagnini reported that the February 1st fundraiser was very successful and raised enough money for the MIIS study. He said that he has reviewed previous studies that 7  City Council Minutes Tuesday, February 18, 2014 were done on the theater. He reported that five MIIS students have undertaken writing the business plan for a nominal fee. He reported that the asking price for the building has been lowered from $5 million to $4 million and the committee continues to analyze the actual value. He said that the group is seeking 501c status, developing a website, and a way to accept donations. He said that a proposal has been submitted to the Neighborhood Improvement Program, and other potential City funding is being explored. Mr. Vagnini said that several fundraisers are being explored, as well as the condition of the building. Councilmember Sollecito thanked Mr. Vagnini for the report, and asked if the timeline for receiving the business plan is sufficient, and Mr. Vagnini said that he believes it is. He said that he believes that a quick response will be feasible. Ms. Selfridge said that the students would present to the Council on May 13th in the Council Chamber. On question from the Mayor, Mr. Vagnini said that the difference between the State Theatre and Sunset Center is mainly the debt service on Sunset and income from the rentals above the GST. He noted that the third floor is another potential venue. Councilmember Downey said that with the loss of the Steinbeck Forum, the GST will be an excellent venue. Mayor Della Sala opened public comments on the item. Judy Karas said that she has friends on both sides of this issue. She said that it is important to hire a good booking agent who will bring in the right shows to attract a large crowd. With no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Downey explained that the funding differences between the Sunset Center and GST were outlined at a recent forum. PUBLIC HEARING 18. Setting Rates Effective March 1, 2014 (Commercial) and May 1, 2014 (Residential) for Solid Waste and Recyclables Collection (Plans & Public Works - 802-06) Action: Adopted Resolution No. 14-029 C.S. (4-1, Selfridge voting no) Sustainability Coordinator Terrasas presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing. Nelson Vega said that he believes that the rate is fair. He said that as the rate goes up, apartment owners are looking for ways to save money. He cited examples of how people will pick up metals and construction materials for free or in some instances pay for metals. He supported putting the money from the franchise fee back into street maintenance. Gary Parola, President of Monterey City Disposal Service, addressed street sweeping comments that were made earlier. He said that the rate increases are due to rising expenses, noting that they have operated at deficits for two years. With no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-029 C.S., setting rates effective March 1, 2014 (Commercial) and May 1, 2014 (Residential) for solid waste and recyclables collection, and maintaining and funding the lifeline program through the franchise fee: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8  City Council Minutes Tuesday, February 18, 2014 19. 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 – Continued from January 21, 2014 (Plans & Public Works - 201-12) Action: Continued to April 1, 2014 CITY MANAGER REPORTS Interim City Manager McCarthy noted that the voting closed tonight for the Conference Center Facilities District, and the votes would be tallied tomorrow. He gave an update on recruitments for the Library Director and Finance Director positions. He reported that Bill Statler would start as the City's Interim Finance Director on March 4th. Council adjourned to Closed Session at 8:57 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Informational Resources Director/City Clerk Gawf announced that the Council continued their discussion and took no action in a conference with labor negotiators, agency negotiators Bill Avery and Michele Maloney, unrepresented employee potential City Manager. Ms. Gawf reported that the Council voted 4-0-1, with Della Sala not participating to give confidential direction to their negotiators in a conference with real property negotiators regarding 595 Munras Avenue. The agency negotiators are Hans Uslar, Chip Rerig, Rick Marvin, and the negotiating Parties are Foothill Partners/Carl Outzen. Under negotiation was a discussion of an offer from the selected developer to purchase. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:54 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 9