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Council Regular Meeting

Regular Meeting

Monterey, CA · April 1, 2014

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 1, 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, Interim Assistant City Manager, Chief of Planning, Engineering, and Environmental Compliance, Interim Finance Director, Community Services Director, Police Chief, Fire Chief, Principal Planner, Housing & Property Manager, Acting Human Resources Director, Communications and Outreach Manager, Assistant Finance Director CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. COUNCIL COMMENTS There were no Council comments. CONSENT ITEMS City Manager McCarthy advised Council that community members have asked to remove Items 6, 9, and 13 for discussion, and staff would like to pull Item 7. Mayor Della Sala asked to remove Item 10, and Councilmember Selfridge asked to remove Item 4 from the Consent Agenda. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except items 4, 6, 7, 9, 10, and 13, which were removed for discussion: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. February 26, 2014 (Information Resources - 701-09) Action: Approved (4-0-1; Haffa absent) 2. March 6, 2014 (Information Resources - 701-09) Action: Approved (4-0-1; Haffa absent) 3. March 18, 2014 (Information Resources - 701-09) Action: Approved (4-0-1; Haffa absent) City Council Minutes Tuesday, April 1, 2014 Award of Contracts 4. Authorize the Purchase of Three (3) GO-4 Parking Enforcement Vehicles (Plans & Public Works - 812-02) Action: Removed from consent; discussed; continued to April 15, 2014 for additional information (4-0-1; Haffa absent) Chief of Planning Rerig presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Nelson Vega said that the cost seems exorbitant, and he suggested discussing these matters during the budget hearings. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Mr. Rerig explained that the funds to purchase these vehicles were approved as part of this fiscal year's budget process. He said that the maintenance costs are high for the existing vehicles due to their age. Mr. Uslar stated that there is no competition in the market place for this type of vehicle, thus they are expensive. Councilmembers discussed the importance of equipping the vehicles with cameras, and asked that staff return the item to them with cost information for that option. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to the April 15, 2014 meeting for additional information regarding a cost comparison between these vehicles and those with license plate recognition cameras and software, and the advantages of using the cameras: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Ordinances 5. 1st Reading – Amend Chapter 22, Article 1, Section 22-1 of the Municipal Code to Allow Alcohol Sales, Consumption and Possession in Approved Outdoor Seating Areas (Plans & Public Works - 701-11) Action: Passed Ordinance to print (4-0-1; Haffa absent) 6. 1st Reading – Amend Monterey City Code Section 38-112.4 (Personal Wireless Services Facilities Ordinance) to Comply with Changes to Federal Law (City Attorney - 701-11) Action: Removed from consent; discussed; passed Ordinance to print (4-1; Haffa voting no) City Attorney Davi presented the staff report, saying that this item is meant to keep Monterey's City Code in alignment with Federal laws and guidelines. She noted that staff would return to Council with ordinance revisions if the City is given broader discretion or powers in the future. Councilmember Haffa arrived at 4:19 p.m. Mayor Della Sala opened public comment on the item. Nina Beety said that this is a project under CEQA, citing the increase of radio frequency exposure and increased size and height of the towers. She said that the current ordinance and the revision are unconstitutional. Having no further requests to speak, Mayor Della Sala closed public comment on the item. 2 City Council Minutes Tuesday, April 1, 2014 Councilmember Sollecito said that radio frequency waves are not the same as gamma rays and have not been scientifically proven to affect DNA or be detrimental to the human body. Ms. Davi explained that CEQA applies to discretionary acts, and Council has no discretion in this case. Councilmember Downey said it is clear that Federal laws require this change. On question, Ms. Davi said that this was brought forward in response to a change in Federal law and subsequent complaints from applicants. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to pass an Ordinance to print amending Monterey City Code Section 38-112.4 (Personal Wireless Services Facilities Ordinance) to Comply with Changes to Federal Law. Councilmember Haffa said that he would not support the motion, as he objects to the Federal government removing the City's discretion, particularly in regard to public health and safety. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. 2nd Reading – Amend Monterey City Code Section 20-74 Pertaining to Peddling Food from the Public Right-of-Way; Amend Monterey City Code Section 32-3 to be Consistent with Monterey City Code Section 20-74 Providing That Section 32-3 Does Not Regulate Public Streets – Continued from March 18, 2014 (City Attorney - 607-11) Action: Removed from Consent; discussed; tabled City Attorney Davi presented the staff report and answered Councilmembers' questions. She explained that staff has not been able to craft findings sufficient to restrict mobile food vendors in historic districts. She said that Mr. Johnson suggested an amendment that would require mobile vendors to pay any special assessments required within a particular district. She said that there is no legal impediment to that, but it might be difficult administratively. She said signage would be difficult to regulate from a legal standpoint. Chief of Planning Rerig recommended that Council put the Ordinance on the books for a trial period and review how it is working after January 1, 2015 Mayor Della Sala opened public comments on the item. Rick Johnson, Executive Director of OMBA and Administrator of NMBA, thanked the City Attorney for meeting with him. He said that if food trucks are part of the business mix in the Downtown, they must be governed the same as other businesses in the area. He asked Council to require the food trucks to pay the special assessments that are required of other businesses. Ken Row, Cannery Row Business Association member and business owner, read a statement into the record regarding concerns about mobile vendors doing business on Cannery Row. He asked for time limits and size limits on the food trucks. He supported a review in six to nine months. John Narigi, General Manager at the Monterey Plaza, said that Cannery Row is congested, and he has safety concerns. He asked that the Ordinance include public plazas. He voiced concerns regarding the ability to enforce the ordinance, posting permits on vehicles, specifications for portable signs, hours of operation, noise, specifying non-alcoholic beverages, and time limits. With no further requests to speak, Mayor Della Sala closed public comment. 3 City Council Minutes Tuesday, April 1, 2014 City Attorney Davi said that the assessment fees are enforced based on address, but that issue does not need to be placed in the Ordinance and can be addressed separately. She said that alcoholic beverages are regulated by ABC. Councilmember Sollecito voiced concerns regarding public safety along certain areas, including Lighthouse Avenue because of traffic and Cannery Row due to deliveries and pedestrians. Councilmember Haffa suggested that all relevant licenses be posted on the outside of the vehicle. He voiced concerns regarding signage, and Ms. Davi cautioned against regulating the signs on vehicles. On a motion by Councilmember Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the item: 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 Resolutions 8. Appropriate Donation Funds in the 2013-14 Library Trust Fund Budget (Library - 701-13) Action: Adopted Resolution No. 14-050 C.S. (4-0-1; Haffa absent) 9. Ratify Past Practice and Adopt Formal Policy Regarding Payment of Prevailing Wages (City Attorney - 807-02) Action: Removed from Consent; discussed; adopted Resolution No. 14-051 C.S. (3-2; Haffa and Selfridge voting no) Legal Assistant Hayes presented the staff report and answered Councilmembers' questions. Interim Assistant City Manager Uslar reviewed the projected increase in labor costs, saying that a study shows that overall project costs would increase by approximately 5%, plus an additional administrative burden for compliance monitoring. He compared prevailing wage costs to staff costs. Mayor Della Sala opened public comment on the item. Ron Cheshire said that Monterey has never done anything with regard to prevailing wage and the State will set a penalty on the City if this is passed within two years prior to SB7. He suggested continuing the item. Chris Burdett, Business Representative IBW 234, said that prevailing wage is actually a standard wage and anything less is substandard area wages. With no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey asked to take a wait and see approach and continue the item. Ms. Davi said that the resolution simply ratifies and adopts current practices, and the decision should be left to the City rather than the State legislature. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to adopt Resolution No. 14-051 C.S., approving past practice and adopting a formal policy regarding payment of prevailing wages. Councilmember Haffa said that the Council could choose to adopt prevailing wage for projects over $1,000, and that would not be giving up rights as a Charter City. He said it is important to 4 City Council Minutes Tuesday, April 1, 2014 pay a competitive wage. Mr. Sollecito said that he has no evidence that what the City has been doing is wrong. Councilmember Selfridge said she would like to study the issue for an additional two weeks. Councilmember Downey said that she is comfortable with the motion as it is. On question from the Mayor Ms. Davi said that she does not understand SB7 to have a retroactive effect. Mayor Della Sala said that waiting to see what happens with SB7 while ratifying current practice is reasonable. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Haffa, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Transfer Funds Donated for the Golden State Theatre, and Previously Dedicated to the Old Monterey Foundation, to the Friends of the Golden State Theatre (Plans & Public Works - 701- 09) Action: Removed from Consent; discussed; amended and adopted Resolution No. 14- 052 C.S. Chief of Planning Rerig gave a brief report and answered questions. On question, Councilmember Selfridge explained that the Friends of GST is not a non-profit, but falls under the umbrella of the Monterey Opera Association. She said that the Steering Committee voted to transfer the money so it would be used to show a bicycle movie in conjunction with AMGEN. Councilmember Downey said that the three major donors were already contacted and asked if they wanted their donations refunded. Mayor Della Sala opened public comment on the item. Tom Rowley offered kudos to the Steering Committee, and he urged donating the money to a 501C3. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-0552, transferring funds donated for the Golden State Theatre, and previously dedicated to the Old Monterey Foundation, to the Monterey Opera Association, and designated the funds for the movie event at the Golden State Theatre stipulating that donors will have the opportunity to have their donations refunded: 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 11. Authorize Waiver of Fees for Walk-a-thon and Bar-b-que Fundraiser to Support the Leukemia & Lymphoma Society (Recreation & Community Services - 301-02) Action: Adopted Resolution No. 14-053 C.S. (4-0-1; Haffa absent) 5 City Council Minutes Tuesday, April 1, 2014 12. Amend Resolution No. 13-101 Changing the Position Control List by Reclassifying One Regular Part Time (RPT) Sales Office Assistant Position to One RPT Event & Sales Assistant in the Conference Center Administrative Division of the Community Services Department (Public Facilities - 502-03) Action: Adopted Resolution No. 14-054 C.S. (4-0-1; Haffa absent) Other 13. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin, Chip Rerig to Provide Negotiating Direction to Respond to Terms and Conditions Proposed by GTE Mobilenet of California d/b/a Verizon Wireless to Lease a Portion of the City Recreational Vehicle Storage Yard at 23 Ryan Ranch Road for Wireless Antenna Facility (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; authorized Mayor Della Sala opened public comment on the item. Nina Beety said this is blood money, and anyone who says yes to it becomes a gross polluter. She said that these towers cause genetic damage. Having no further requests to speak, Mayor Della Sala 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 authorized the Closed Session conference Pursuant to Government Code Section 54956.8 with City real property negotiators, Rick Marvin and Chip Rerig to provide negotiating direction to respond to terms and conditions proposed by GTE Mobilenet of California d/b/a Verizon Wireless to lease a portion of the City recreational vehicle storage yard at 23 Ryan Ranch Road for wireless antenna facility: 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 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Tom Rowley expressed a frustration with the time that Council takes to pass the consent agenda. He said he is frustrated with traffic on Carmel Hill, and that he has offered to meet with Councilmembers to give them ideas regarding how to fix traffic issues in Monterey. He offered again and asked to delete the "Son of Crunch Alley" tonight. Nina Beety expressed concerns regarding Fukushima radiation and recycling of radioactive materials. She said that Friday is the anniversary of the assassination of Martin Luther King, and she urged people to read The 13th Juror regarding who was involved in that assassination. Mayor Della Sala closed public comment and called a recess at 6:00 p.m. Council reconvened at 7:00 p.m., and all Councilmembers were present. WATER UPDATE Executive Director Cullem reported that there was a unanimous vote by the Water Authority Board to oppose Proposition O, and the Authority made its decision based on the poor timing of 6 City Council Minutes Tuesday, April 1, 2014 the proposition, rather than its pros and cons. He said that the Board emphasized the need for the community to stay focused on a new water supply project. Mr. Cullem reported that Cal Am has completed eleven boreholes, with two more to go, and all data needed should have been collected by the end of April. Executive Director Cullem reported that Cal Am continues working closely with the City of Marina staff to complete the environmental work on the permit for the CEMEX site test slant well, with a goal to start installation by November. He said that information regarding residential and business rates can be found on the Cal Am website. He reported that the Water Authority will advertise an RFP for a Value Engineering Study on the desal plant at its next meeting, and the study is intended to identify additional short and long term cost savings. Councilmember Downey gave an update on the MRWPCA, saying that they have decided not to enter into arbitration, but to keep working on an agreement. On question, Mr. Cullem discussed the differences in costs between purchasing Cal Am before versus after the construction of the desal plant. Councilmember Haffa expressed his disappointment that the Water Authority took a vote on Measure O and that he did not know about it being on their agenda. Mayor Della Sala said the Water Authority publishes its agenda on the web and dozens of people attended the meeting to testify on the issue. Mr. Cullem answered questions regarding Cal Am's plans for fixing leaks. Ms. Selfridge asked for a presentation on that topic at the next meeting and the name of the person who is addressing the spikes in the water bills. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. June Stein said that April is National Distracted Driving Month, and said that she hopes Monterey will support the entire month. She cited statistics from the National Safety Council, saying that the number two cause of death is motor vehicle accidents caused by cell phones. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 14. 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 February 18, 2014 (Plans & Public Works - 201-12) Action: Amended North Fremont Specific Plan with regard to parking requirements and building height; passed Ordinance to print: adopted Resolution No. 14-055 C.S. and Resolution No. 14-056 C.S. (3-2; Haffa and Selfridge voting no) Interim Assistant City Manager Uslar introduced the item. Planning Commissioner McCrone presented a brief history of the process and the vision of the plan. He reviewed the Planning Commission recommendation. Principal Planner Cole presented details of the plan. Planning Commissioners Osorio and Davis summarized, saying that the specific plan would recreate and reestablish a good pattern for the area. They recommended approval. On question, Commissioner McCrone said that the key is to incentivize private parties to risk capital investment in the area. 7 City Council Minutes Tuesday, April 1, 2014 Mayor Della Sala opened the Public Hearing. Rick Heuer, Monterey resident, said he is concerned about treating all mixed use areas identically when they are very different. He said that VAF zoning changes should not provide an incentive for reduction of the number of hotel rooms. Sam Teel, Monterey County Hospitality Association, supported the plan and said leaving the VAF provisions in the plan is crucial. Daryl Hawkins, local architect and Board Member at Dela Vina Neighborhood, said that the plan solves noise issues with the hotels and he said his board fully supports it. Mike Brassfield said that he was proud of the planning process, and he is pleased with ninety percent of the plan. He voiced concerns regarding parking, allowing three stories, and changing the VAF, saying that it is unnecessary. James Nichols voiced concerns regarding allowing three story buildings, either on the front or back of properties. Frank Russo voiced concerns regarding the building heights that would be allowed under the proposed plan. Merrily Alley, President of the Laguna Grande neighborhood, voiced concerns regarding parking in the proposed plan as well as building heights. Diana Jones, CONA resident, asked not to adopt the plan at this time, saying that she is concerned regarding building heights, possible changes in the VAF, and parking. Robert Yoha voiced concerns regarding the parking requirements. Clyde Roberson said it is the duty of City Hall to put the residents first and protect them. Janie Haynes asked Council to think about the future when they consider the parking requirements. Timothy Barrett said that there is a disconnect between the enthusiasm of the staff and Planning Commissioners and the concerns expressed by members of the community. He asked Council to table the item and direct staff to reengage the community. Rebecca Bishop said that she hopes the residents' concerns are heard. Edwina Brassfield voiced concerns regarding building height, parking, and possible changes in the VAF. Ken Brown, Del Monte Grove Laguna Grande Association Board, expressed concerns regarding parking and building height. He asked that any VAF decisions be made on an individual basis. Jerry Anderson, North Fremont Business District President, said that the existing plan allows three stores, and the new plan should not take that away. He stated that the smaller allowed footprints should justify three stores. He said all of the concerns voiced tonight are addressed in the plan. He asked Council to let the plan work. Richard Ruccello, President of the Casanova Oak Knoll Neighborhood Association, said that economy drives development. He said that permitting fees are out of control and makes development more difficult. Paul Ortho, Lerwick Drive, voiced concerns regarding parking and building height. Nelson Vega, MCPOA, said that his association supports the plan. He said that while he is sensitive to the neighbors' concerns, it is important to do something. He said that uncertainty would stop development. Jody Hansen, President of Monterey Peninsula Chamber of Commerce, applauded the Planning Commissioners and spoke in support of the plan. Mary Alice Cerrito Fettis, North Fremont Business District Board Member and former President, spoke in support of the plan. Leslie Svetich, Monterey Lanes and North Fremont Business District, spoke in support of the plan. David Wright, speaking as a resident of Monterey, said that there is an opportunity to make the back of businesses look as good as the front. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. He called a recess at 9:35 p.m., then reconvened the meeting at 9:40 p.m. Councilmember Haffa said that he has concerns that the neighbors do not feel like they have been heard. He said that he does not believe he will be able to make a decision tonight. 8 City Council Minutes Tuesday, April 1, 2014 Councilmember Downey said that she received a letter of support from former Councilmember Haferman, who was on the North Fremont Subcommittee for eight years. She noted that Cypress Center was placed at the rear of the lot because of requests from the residents. She said that she also has concerns about the parking. She supported 1.5 parking spaces per unit and the proposed VAF change, and said that because three stories are already allowed and would require a use permit, she is supportive of that provision. She applauded the Planning Commission and staff, and she thanked the neighbors for coming to testify tonight. Mayor Della Sala agreed with the CONA requests regarding parking space requirements. He said that significant setbacks for a third story are the key. He noted that the Charter dictates whether VAF would be changed. Councilmember Sollecito said that state and federal laws are driving what the commissions have developed. Council discussed the setbacks further. It was moved by Mayor Della Sala, and seconded by Councilmember Downey, to approve the recommendation from the Planning Commission with the following amendments: requiring 1.5 parking spaces per unit, with at least one assigned space per unit and no shared parking; permit three story structures with a 35 foot maximum height with great scrutiny by the ARC and Planning Commission to ensure that the residential neighborhood is protected from noise, privacy invasion, and loss of light and that they would consider building mass importantly; and to move forward to place on the ballot at some future date a change to allow flexibility in the VAF zone and to adopt Resolution No. 14-055 C.S., adopting a Mitigated Negative Declaration; pass an ordinance to print rezoning portions of the North Fremont Specific Plan Planning Area from Community Commercial (C-2), to Planned Community – North Fremont (PC-NF); and, adopt Resolution No. 14-056 C.S. repealing the North Fremont Area Plan and adopting the amended North Fremont Specific Plan. Councilmember Haffa said that he appreciates the concessions on the parking, but is unable to support the motion due to concerns regarding the building heights. Councilmember Selfridge said that she would not support the motion, but would feel better about it if included setbacks. Councilmember Sollecito said he will support the motion because this plan is so much better than the current situation. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Haffa, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 15. Council Consideration of Councilmember Haffa's Request for $28,252 Challenge Grant ($1.00 Per Resident) to Assist the Homeless, and Direction to Staff (Recreation & Community Services - 101-03) Action: Adopted Resolution No. 14-057 C.S. Community Services Director Bui-Burton presented the staff report. Councilmember Haffa said that this is a regional plan, and most of the money is available. Mayor Della Sala opened public comment on the item. Ken Cuneo, Pacific Grove City Council Member, said that each city has different situations so he is not here to put pressure on 9 City Council Minutes Tuesday, April 1, 2014 anyone. He asked Council to join with Pacific Grove to work on this issue. Bill Leone, former teacher, spoke in support of the item. Christopher Marohn, Monterey City Commissioner, spoke in support of funding the grant. Judy Karas, Monterey resident, thanked Councilmember Haffa and supported the grant. Leila Emadin, Executive Director of Housing Resource in Monterey, spoke in support of the grant. Paul Cline, IHELP, spoke in support of the grant. Wanda Sue Perez, Seaside resident, spoke in support of the proposed grant. Diane Cotton said she would be proud of the Councilmembers if they support this program. Father Michael Reid, St Mary's Episcopal Church, spoke in support of the grant. Michael Vector, Monterey resident, challenged Council to return the $20,000 that went to a Police program. Brian Bajari said that he is proud of the coalition building and he supported the grant. Rosemarie Axton spoke in support of the grant, saying that she is enriched by the community. She urged Council to restore the $20,000 that was used for Police overtime. Callie King, senior advocate for homeless women, spoke in support of the grant. Reverend Kenneth Murray, Community Baptist Church in Pacific Grove, spoke in support of the grant. Erica Fisk spoke in support of the grant. Tim Wilson, Monterey resident, spoke in support of the grant. Karen Araujo spoke in support of the proposed grant. Timothy Barrett asked Council to restore the $20,000 that was formerly allocated to Police overtime. He supported the grant program. Dr. Tia Sukin, One Starfish Parking Program, congratulated the Council for looking into programs to help the homeless. She supported funding the grant. Carol Collin, Pacific Grove resident, spoke in support of the grant. Having no further request to speak, Mayor Della Sala closed public comments. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to adopt Resolution No. 14-057 C.S., approving a $28,252 Challenge Grant. Councilmember Downey reminded everyone that the City channels $80,000 to social services, in addition to $50,000 of City money this year. She suggested a meeting with Downtown merchants to address the problem with individuals loitering there. She said that she will support the motion because this is a regional program. Councilmember Haffa said that when a third city joins, there will be a regional subcommittee to determine how the money is spent. He clarified that the City Managers would discuss those details and make recommendations to their City Councils. Mayor Della Sala said that he will support this regional effort. He noted a typographical error in the resolution. 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 10 City Council Minutes Tuesday, April 1, 2014 16. Review and Discuss Finance/Budget Committee Concept (Finance - 406-01) Action: Received and discussed report Interim Finance Director Statler presented the staff report. Councilmember Downey said that her intent is to not involve staff time. She said she would like to get a few qualified people to work with staff. She said that she has envisioned that each Councilmember would appoint a member. Councilmember Selfridge said that she would like this to be a short term task force that is a true citizens' committee. Mayor Della Sala opened the floor for public comment. Nelson Vega said that Mr. Statler got most of his information from the League of Cities. He said that he would like to see a balance, and bend the curve of spending, but it is not a revenue problem. He said that an independent committee is needed. Having no further requests to speak, Mayor Della Sala closed public comments. CITY MANAGER REPORTS Interim City Manager McCarthy reported that the AMGEN tour is a go for May 14th, starting at 11:00 a.m. He said that the survey on the revenue measure is complete. Mayor Della Sala opened public comment on the three closed session items, no one came forward, and he closed public comment. Council adjourned to closed session at 11:30 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that after a brief discussion, the City Council decided not to discuss the closed session items due to the lateness of the hour, and that no action was taken. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:40 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 11

Agenda

City Council City Council Agenda Chuck Della Sala, Mayor Regular Meeting Libby Downey, Councilmember Alan Haffa, Councilmember Monterey City Council Nancy Selfridge, Councilmember Tuesday, April 1, 2014 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. Interim City Manager Council Chamber 7:00 - 11:00 p.m. Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. February 26, 2014 (Information Resources - 701-09) 2. March 6, 2014 (Information Resources - 701-09) 3. March 18, 2014 (Information Resources - 701-09) Award of Contracts Awarding of CONTRACTS for construction contracts. 4. Authorize the Purchase of Three (3) GO-4 Parking Enforcement Vehicles (Plans & Public Works - 812-02) Ordinances ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two readings at separate Council meetings, is "passed to print" for legal advertisement when introduced, and is "passed and adopted" when given final approval. 5. 1st Reading – Amend Chapter 22, Article 1, Section 22-1 of the Municipal Code to Allow Alcohol Sales, Consumption and Possession in Approved Outdoor Seating Areas (Plans & Public Works - 701-11) Tuesday, April 1, 2014 6. 1st Reading – Amend Monterey City Code Section 38-112.4 (Personal Wireless Services Facilities Ordinance) to Comply with Changes to Federal Law (City Attorney - 701-11) 7. 2nd Reading – Amend Monterey City Code Section 20-74 Pertaining to Peddling Food from the Public Right-of-Way; Amend Monterey City Code Section 32-3 to be Consistent with Monterey City Code Section 20-74 Providing That Section 32-3 Does Not Regulate Public Streets – Continued from March 18, 2014 (City Attorney - 607-11) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 8. Appropriate Donation Funds in the 2013-14 Library Trust Fund Budget (Library - 701-13) 9. Ratify Past Practice and Adopt Formal Policy Regarding Payment of Prevailing Wages (City Attorney - 807-02) 10. Transfer Funds Donated for the Golden State Theatre, and Previously Dedicated to the Old Monterey Foundation, to the Friends of the Golden State Theatre (Plans & Public Works - 701-09) 11. Authorize Waiver of Fees for Walk-a-thon and Bar-b-que Fundraiser to Support the Leukemia & Lymphoma Society (Recreation & Community Services - 301-02) 12. Amend Resolution No. 13-101 Changing the Position Control List by Reclassifying One Regular Part Time (RPT) Sales Office Assistant Position to One RPT Event & Sales Assistant in the Conference Center Administrative Division of the Community Services Department (Public Facilities - 502-03) Other 13. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin, Chip Rerig to Provide Negotiating Direction to Respond to Terms and Conditions Proposed by GTE Mobilenet of California d/b/a Verizon Wireless to Lease a Portion of the City Recreational Vehicle Storage Yard at 23 Ryan Ranch Road for Wireless Antenna Facility (Plans & Public Works - 206-03) ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. ***Adjourn to Closed Session (See additional agenda)*** RECESS 5:30 p.m. 2 Tuesday, April 1, 2014 RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 14. 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 February 18, 2014 (Plans & Public Works - 201-12) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 15. Council Consideration of Councilmember Haffa's Request for $28,252 Challenge Grant ($1.00 Per Resident) to Assist the Homeless, and Direction to Staff (Recreation & Community Services - 101-03) 16. Review and Discuss Finance/Budget Committee Concept (Finance - 406-01) CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. 3 Tuesday, April 1, 2014 The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. 4 Tuesday, April 1, 2014 UPCOMING MEETINGS AT CITY HALL Apr 2 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Apr 3 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Apr 3 Zoning Administrator Meeting, Council Chamber - 4:00 pm Apr 7 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Apr 8 Planning Commission Meeting, Council Chamber - 4:00 pm Apr 8 Council Retreat Meeting, Larkin Room, Conference Center - 11:30 AM Apr 10 Neighborhood Improvement Program Committee Meeting, Hilltop Park Center - 7:00 PM Apr 10 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Apr 10 MP Regional Water Authority Meeting, TBD - 7:00 PM Apr 15 Council Regular Meeting, Council Chamber - 4:00 PM Apr 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Apr 17 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Apr 17 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Apr 17 Zoning Administrator Meeting, Council Chamber - 4:00 pm Apr 21 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Apr 22 Planning Commission Meeting, Council Chamber - 4:00 pm Apr 23 Council Study Session, Council Chamber - 4:00 PM Apr 23 Library Board Meeting, Library Community Room - 5:00 PM Apr 23 Oversight Board Meeting, Council Chamber - 7:00 PM Apr 24 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

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