Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 6, 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 City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Community Services Director, Police Chief, Acting Human Resources Director, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, Communications and Outreach Manager, Assistant Finance Director, Parking Superintendent, Senior Associate Planner, Associate Planner, Human Resources Analyst, Sustainability Coordinator CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. COUNCIL COMMENTS Councilmember Downey said that she would like to have the answers provided to Council earlier when a Councilmember submits written questions to staff regarding agenda items. She gave a brief report on the Japanese American Heritage Days festival. She asked about the width of Lottie Street with regard to whether Fire engines could get through. Ms. Downey said that the worst litter on Alvarado Street is cigarette butts and she hopes the business property owners would be asked to decide about non-smoking in the Downtown. She described a water meeting in Marina where they asked members of the public to submit questions by writing them on cards, and she suggested that Monterey could consider that process. Councilmember Downey said that she finds it a little disconcerting that the mayors have taken a political position on Measure O, and she wishes they had been more proactive when the water rate tiers were changed. She applauded the mayors for working to get funding for the desal plant. Councilmember Selfridge offered congratulations for the Japanese-American Heritage cultural event. She reported that the Bicycle Monterey Movie Night would take place on Saturday through Tuesday night at the Museum of Monterey. She gave a brief report on the recent meeting with Azerbaijan representatives where they emphasized Azerbaijan's strategic position with regard to world affairs and discussed various projects that promote friendship and building understanding between the United States and Azerbaijan. Councilmember Haffa reported on his attendance at the recent Panetta lecture where his question regarding income inequality was answered by the speakers. He said that Mr. Panetta referenced a book by Thomas Piketty, Capitalism in the 21st Century. Mr. Haffa said that both panelists agreed that income inequality is an issue. He urged focusing on businesses that promote middle-income jobs. He spoke about campaign finance issues and said that it is a bigger issue that we should address. Mayor Della Sala reported on Japanese American Heritage Days noting the many contributions to the wharf by the Japanese Americans. He said that as we continue to look at Monterey's history we recognize the contributions made by Chinese, Portuguese, and Japanese Americans and the significance of that history.  City Council Minutes Tuesday, May 6, 2014 PRESENTATIONS 1. Recognition of the Participation of MIIS Graduate Students Matthew Nichols and Gabriel Kiritz in the City of Monterey Climate Action Plan (Plans & Public Works - 802-07) Action: Presentation made Sustainability Coordinator Terrasas recognized Gabriel Kiritz and Matthew Nichols for providing data analysis and their critical thinking and writing abilities to the project. CONSENT ITEMS City Manager McCarthy said that he had a request to remove Item 11 from Consent for a report. Councilmember Sollecito corrected the April 15 Minutes, saying that Federal Gas Tax Fund will be depleted, not bankrupt. Councilmember Downey asked to remove Item 5 for reconsideration. Councilmember Selfridge recused herself from Item 8. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, except Item 8 from which Councilmember Selfridge abstained, the City Council approved the Consent agenda, with corrections to the Minutes of April 15, and with the exception of Items 5 and 11, which were removed from the Consent calendar: 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 2. April 9, 2014 (Information Resources - 701-09) Action: Approved 3. April 15, 2014 (Information Resources - 701-09) Action: Amended and approved Award of Contracts 4. Sanitary Sewer System Rehabilitation Program, Construction Packages 1 and 2 ***CIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-072 C.S. Ordinances 5. 2nd Reading – Amend Monterey City Code Chapter 1, Article 2, Division 3 Pertaining to the Appeals Hearing Board and Adding a Building and Housing Appeals Board and a Disabled Access Appeals Board (Plans & Public Works - 701-10) Action: Removed from Consent; discussed; amended; approved Councilmember Downey said that she would like to reconsider the wording regarding the third member of the Hearing Board from "shall be a member of the public" to "may…” Council- member Haffa requested clarification regarding the other members of the Board, and City Attorney Davi said that those appointees would be required to be Monterey residents. Mayor Della Sala opened public comment, had no requests to speak, and closed public comment. 2  City Council Minutes Tuesday, May 6, 2014 It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to amend "shall" to "may" be a member of the public in the ordinance amending Monterey City Code Chapter 1, Article 2, Division 3 pertaining to the Appeals Hearing Board and Adding a Building and Housing Appeals Board and a Disabled Access Appeals Board. On request by Councilmember Haffa, Ms. Downey amended her motion to include a requirement for the Appeals Hearing Board as follows: "All members shall be members of the public of the City of Monterey," and the seconder agreed. 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 Resolutions 6. Appoint Michael McCarthy as City Manager, Approve Employment Contract, and Amend the City of Monterey's Full-Time Salary Schedule (City Attorney - 501-04) Action: Adopted Resolution No. 14-073 C.S. 7. Award a Contract for Purchase of CCTV Pipeline Inspection Equipment for Van #1248 (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-074 C.S. 8. Authorize the City Manager to Enter into Contracts of Acquisition to Purchase Easements for Sewer Purposes over Portions of Land at: 827 Laine Street, 330 Laine Street, 499 Drake Avenue, 108 Soledad Drive, 116 Soledad Drive, 98 Via Encina, and 30 Castanada Place and to Sign the Certificates Accepting the Easements (Plans & Public Works - 704-02) Action: Adopted Resolution No. 14-075 C.S. (4-0-1; Selfridge abstaining) 9. Authorize Purchase of Four (4) Equipment Packages to Outfit New Police Interceptor Vehicles (Plans & Public Works - 812-02) Action: Adopted Resolution No. 14-076 C.S. 10. Authorize One-Hour Time Limit Parking, 9:00 AM - 6:00 PM, Monday - Friday, Except by Residential Permit, on Anita Street (Public Facilities - 901-06) Action: Adopted Resolution No. 14-077 C.S. 11. Authorize Professional Services Agreements with RRM Design Group for On-Call Planning Services and Preparation of the Villa del Monte Neighborhood Revitalization Plan and with Kimley-Horn Associates for On-Call Planning Services (Plans & Public Works - 201-12) Action: Removed from Consent, discussed, continued to next meeting Principal Planner Caraker presented the staff report. Councilmember Selfridge questioned whether it would be more appropriate to wait until the New Deputy City Manager of Plans and Public Works is on board. She voiced concerns that this action would not address the NIP Committee's concerns. Ms. Caraker clarified that the report had been distributed. 3  City Council Minutes Tuesday, May 6, 2014 It was moved by Councilmember Selfridge, seconded by Councilmember Downey, to continue the item for two weeks: Mayor Della Sala opened public comment on the item, had no requests to speak, and he returned the discussion to the dais. On question, Chief of Planning Rerig said that delaying this action would significantly delay the revitalization process. Ms. Downey suggested delaying it two weeks. Vice Mayor Sollecito said that he is confused by the motion and said that this is an unnecessary delay and sends the wrong message. Ms. Downey said that she is trying to do more canvassing in the neighborhood to make sure the neighbors want it. Councilmember Haffa said that he appreciates the concerns on both sides, and is OK with continuing the matter for two weeks. 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 12. Approve Appropriation and Transfer of Funds for Additional Funding for Eddie Burns Lane Drainage Improvements Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 14-078 C.S. 13. Authorize the City Manager to Renew the Memorandum of Understanding with the South Bay Information Sharing System (SBISS) - COPLINK (Police - 704-05) Action: Adopted Resolution No. 14-079 C.S. 14. Authorize Professional Services Agreement with EMG for Various Building Condition Assessments and for On-Call Building Condition Assessment Services (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-080 C.S. 15. Reject Bids for Construction of Energy Conservation Measures at Multiple Buildings: POM B838 Install Boiler, HVAC, VFD's and Controls Project (Plans & Public Works - 807-02) Action: Adopted Resolution No. 14-081 C.S. Other 16. Authorize Closed Session Conference with Real Property Negotiators Pursuant to Government Code section 54956.8 with Real Property Negotiators Hans Uslar, Chip Rerig, Rick Marvin and Janna Aldrete to Provide Lease Negotiation Direction for Lease at 1187 Del Monte Avenue (Mohr Imported Cars, Inc.) (Plans & Public Works - 704-10) Action: Authorized ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, had no requests to speak, and closed the public comment period. 4  City Council Minutes Tuesday, May 6, 2014 PUBLIC HEARING 17. Adopt Resolutions to Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement District (Plans & Public Works - 405-04) Action: Held Public Hearing; adopted Resolution No. 14-082 C.S., Resolution No. 14-083 C.S., and Resolution No. 14-084 C.S. Principal Planner Cole presented the staff report. Mayor Della Sala asked for a show of hands of those in support of the item and approximately 12 people indicated support. No one indicated opposition when the Mayor asked for a show of hands of any opponents. He opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-082 C.S., Resolution No. 14- 083 C.S., and Resolution No. 14-084 C.S. to Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts: 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 18. Consider a Recommendation from the Historic Preservation Commission Excluding 704 Foam Street and Buildings Surrounding the Victorian Building at 487 Foam Street, and Including 824 Lobos Street and Only the Victorian Building at 487 Foam Street on the New Monterey Reconnaissance Survey (Plans & Public Works - 209-01) Action: Adopted Resolution No. 14-085 C.S. Senior Associate Planner Hopper presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment on the item. Frank Donangelo voiced concerns regarding including 487 Foam Street as an historic property, saying that significant changes have been made to the building over the years. He said that this designation puts a red flag on a property for purposes of refinancing and insurance. He asked Council to be relieved of this designation. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey moved to exclude 824 Lobos Street from the HPC survey. Councilmember Sollecito voiced concerns about removing a property from the list by Council because Federal law indicates that a qualified professional must recommend removal. Councilmember Downey withdrew her motion. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa, to adopt Resolution No. 14-085 C.S., approving the recommendation from the Historic Preservation 5  City Council Minutes Tuesday, May 6, 2014 Commission excluding 704 Foam Street and buildings surrounding the Victorian building at 487 Foam Street, and Including 824 Lobos Street and only the Victorian building at 487 Foam Street on the New Monterey Reconnaissance Survey. Councilmember Sollecito clarified his motion that he is moving the staff recommendation due to the City Ordinance that has been adopted in accordance with the Federal Historic Preservation Act. 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 Mayor Della Sala said that the Council would not get to Item 19 until this evening's session, and he adjourned to closed session at 5:16 p.m. Mayor Della Sala called the meeting back to order at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel there was a unanimous roll call vote to give direction to legal counsel. WATER UPDATE There was no water update. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comment on items not on the agenda. Char Carter, Monterey resident, referenced an article in the Carmel Pine Cone, and expressed concerns regarding employee salaries and benefits. She asked Council that the new Finance Director review salaries. Mayor Della Sala said that the figures quoted were based on total compensation, not just salaries. He said that Council recognizes the concerns and regularly reviews salaries and benefits. John Gay, Senior Vice Commander of the Monterey Chapter of Purple Heart, presented two Purple Heart signs to be posted within the City. Lawrence Samuels, realtor in Monterey, said that he is trying to have Monterey pass a resolution against Section 1021 and 1022 relating to the Indefinite detention of prisoners. He noted that the State has already passed legislation on this matter. He submitted a copy of a letter and sample resolution. Having no further requests to speak, Mayor Della Sala closed public comments. 19. Receive a Report on Naming Policy for City-owned Property; Provide Direction on Updating the Policy and Include Sponsorship Opportunities (City Manager - 101-03) Action: Received report; directed staff to draft an updated policy establishing the criteria for naming or renaming City-owned property and include sponsorship opportunity Community Outreach Manager McGrath introduced the item, and Administrative Assistant Miller presented the staff report and answered Councilmembers' questions. 6  City Council Minutes Tuesday, May 6, 2014 Mayor Della Sala opened public comments on the item, no one came forward, and Mayor Della Sala returned the discussion to the dais. Councilmember Downey said that she requested this item when she planned to request naming the Conference Center after Leon Panetta, but is withdrawing that request because the Panettas have told her that they plan to erect a building on Fort Ord. She said that it would be confusing to have two buildings with the same name. She said that she does not believe that an individual has to be deceased to have a building named after them. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to draft an expanded Naming Policy for City-owned property, update the policy and include sponsorship opportunities, and on a case by case basis Council could choose to honor a living person: Mayor Della Sala said that it is important to continue branding the City of Monterey and keep Monterey first in the name of major projects and buildings. Councilmembers agreed. 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 PUBLIC APPEARANCE 20. Report on the City’s Economic and Environmental Sustainability Water Allocation; and Adopt Resolutions Extending the Water Pre-commitments for Six Months for Projects to Obtain Building Permits (Plans & Public Works - 203-07) Action: Adopted Resolutions No. 14-086 C.S., 14-087 C.S., 14-088 C.S., 14-089 C.S., and 14-090 C.S. (4-0-1: Della Sala not participating) Mayor Della Sala recused himself due to a potential conflict of interest, handed the gavel to Vice Mayor Sollecito, and left the Chamber. Principal Planner Cole presented the staff report and answered Councilmembers' questions. Vice Mayor Sollecito opened public comment on the item. Henry Ruhnke, Wald Ruhnke and Dost, said that they have been making progress on their project on Calle Principal and are working through technical issues. He estimated that they could meet the six month time line if everything falls into line. Mr. Davi said that the process takes a lot of time. He said that he is making a financial commitment, and he asked Council to consider a twelve month extension. Paul Davis and Anthony Cosentino explained the process, saying that there is a water district review after the City approvals. They said that they are proceeding at full speed with 528 Fremont. Mr. Cosentino said that they have relocated their tenant, and they are now ready to move forward. Mr. Davis explained the variance process that is needed to get water district approval. Carl Outzen gave an update on his project at 230 Lighthouse Avenue, saying that they are now at the final stage with the ARC, their plans are 95% done, and they hope to start construction no later than July. He said that he is in the process of requesting a variance from the water district. He noted that the Fire Department is currently doing training in the condemned buildings. Doug Wiele gave an update on the project at 595 Munras, saying that City staff has persuaded Exon Mobile to clean up the site, and their construction documents are well under 7  City Council Minutes Tuesday, May 6, 2014 way. Having no further requests to speak, Vice Mayor Sollecito closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolutions No. 14-086 C.S., 14-087 C.S., 14-088 C.S., 14-089 C.S., and 14-090 C.S. extending the water pre-commitments for six months for projects to obtain building permits: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala Councilmember Downey explained that in the past water has been allocated and not used for over 18 months, so the six month time frame is important. Mayor Della Sala returned to the dais, took up the gavel, and called a brief recess at 8:03 p.m., then reconvened the meeting at 8:05 p.m. 21. Establishing Refuse and Recycling Collection Discount Rates for Senior, Lifeline, and Physically Challenged Residents (Plans & Public Works - 802-07) Action: Adopted Resolution No. 14-091 C.S. Sustainability Coordinator Terrasas presented the staff report, and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. There were no requests to speak, and he closed public comment. On a motion by Councilmember Haffa, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-091 C.S., establishing the refuse and recycling collection discount rates for senior, Lifeline, and physically challenged residents: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 22. Appoint Members of the Temporary Ballot Measure Advisory Committee (Finance - 701-04) Action: Amended Exhibit A, adding Dan Baldwin, President of the Monterey Community Foundation and Norm Edwards, past President of Rotary, to the list, removing the four volunteers from the list, and adopted Resolution No. 14-092 C.S. Finance Director Forbis presented the staff report and answered Councilmembers' questions. Councilmembers discussed the composition and the scope of the committee. Councilmember Downey expressed concern that two of the volunteers already serve on City committees. Mayor Della Sala opened the floor for public comment, and there were no requests to speak. The Mayor returned the discussion to the dais. 8  City Council Minutes Tuesday, May 6, 2014 Councilmember Haffa said that he hesitates not to include the volunteers, but he has concerns that the intent was not to have duplicate efforts. It was moved by Councilmember Sollecito, to adopt Resolution 14-092 C.S., appointing members of the Temporary Ballot Measure Advisory Committee, accepting all of the nominees and the volunteer who is not already serving on another City advisory body. After discussion, the motion was withdrawn. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 14-092 C.S., appointing Members of the Temporary Ballot Measure Advisory Committee to include Councilmember nominations and community group representatives, including Dan Baldwin and Norm. Edwards: 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 recused himself from hearing the next item due to a potential conflict of interest. He handed the gavel to Vice Mayor Sollecito and left the Chamber. 23. Authorize New Lease with Foothill Partners Inc./Douglas Wiele and Carl Outzen for 595 Munras Avenue (Plans & Public Works - 201-10) Action: Adopted Resolution No. 14-093 C.S.(4-0-1; Della Sala not participating) Chief of Planning Rerig presented the staff report and answered Councilmembers' questions. Vice Mayor Sollecito opened the floor to the applicant. Doug Wiele explained that the original concept drawing that was presented has evolved as it has moved through the review process. He said that the current rendering is how it will look. Vice Mayor opened the floor for general public comments on the item, had not requests to speak, and closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 14-093 C.S., authorizing a new lease with Foothill Partners Inc./Douglas Wiele and Carl Outzen for 595 Munras Avenue: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala Mr. Wiele thanked the Council. CITY MANAGER REPORTS City Manager McCarthy said that the Alvarado Street Brewery is opening this week. He reported that the AMGEN press conference will be held tomorrow, and the race takes place on May 14. On request from Councilmember Downey, Mr. McCarthy clarified that the new Finance Director's salary in the $160,000 range, and was misstated in an article in The Herald. 9 City Council Minutes Tuesday, May 6, 2014 The City Council adjourned to closed session at 9:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with labor negotiators regarding employee organizations GEM, MPA, PLMA, MFCOA, there were three unanimous roll call votes where the City Council gave confidential direction to their negotiators. ADJOURNMENT With no further business to come before them, Council adjourned at 10:04 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 10