Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 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 City Manager, Director of Information Resources/City Clerk, City Attorney, Present: Finance Director, Assistant City Manager, Chief of Planning, Engineering, and Environmental , Community Services Director, Police Chief, Principal Planner, Fire Chief, Senior Associate Planner, Principal Planner, Human Resources Analyst, Acting Human Resources Director, Principal Engineer, Communications and Outreach Manager, Assistant Finance Director, Deputy City Manager, Plans and Public Works *No discussion of a new item will be started after 10:30 p.m. CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Selfridge reported on her experience serving as part of the crew on the Tall Ship Irving Johnson. Councilmember Downey said that she would like to request a reconsideration of the budget for the MPRWA. She said she would like to agendize a discussion of an outside negotiator for all employee groups. She voiced concerns regarding spikes in some residential water bills and said that she would like to work on the issue. She reported on PCA's efforts to negotiate with the agricultural community to work together on GWR, and she is discouraged by the lapse of deadlines and the ability to get a source water agreement. Councilmember Sollecito commented on the issue of fixing improvements to Highway 156, saying that no decision has been made on funding and won't be made for quite a while. He clarified that traditional funding is being studied along with the possibility of a toll road. Councilmember Haffa said that he would be meeting tomorrow with the City Manager and City Attorney to discuss the campaign finance item. He hopes to come up with something that is not too much work, and he is concerned about legality. He suggested that simply having a disclosure might be more important than recusal and be less controversial. He said that he would like to have a consensus on the sign issue that addresses the concerns while allowing some signs that might make a political statement. Mayor Della Sala announced that there would be a Fourth of July celebration on Friday, including a parade, lawn party, and patriotic ... OMBA and Union Bank for their work and  City Council Minutes Tuesday, July 1, 2014 contribution to the effort. City Manager McCarthy gave a report of received report, no action. CONSENT ITEMS Councilmember Downey asked to remove Item 5 from the consent agenda and offered kudos on Item 7 to the Planning Department. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Item 5, which was removed for discussion: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. May 28, 2014 (Information Resources - 701-09) Action: Approved 3. June 3, 2014 (Information Resources - 701-09) Action: Approved 4. June 17, 2014 (Information Resources - 701-09) Action: Approved Resolutions 5. Amending Hourly Wages for Part-Time Positions (Human Resources - 507-08) Action: Removed from Consent; discussed; adopted Resolution No. 14-126 C.S. (4-1; Downey voting no) Administrative Analyst Russo presented the staff report and answered Councilmembers' questions. Mayor Della opened/closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 14-126 C.S., amending hourly 2  City Council Minutes Tuesday, July 1, 2014 wages for part-time positions: AYES: 4 COUNCILMEMBERS: Haffa, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Finance - 407-08) Action: Adopted Resolution No. 14-127 C.S. 7. Authorize Staff to Submit Grant Application to the California Coastal Commission and Ocean Protection Council to Prepare a Local Coastal Plan and, If Awarded, Authorizing Appropriation of Grant Funds and Matching Grant Funds, and Authorizing the City Manager to Execute All Necessary Grant Documents (Plans & Public Works - 203-02) Action: Adopted Resolution No. 14-128 C.S. and Resolution No. 14-129 C.S. 8. Ratify Construction Change Order No. 2 to Geo. H. Wilson, Inc. for Emergency Hazardous Material Abatement and Repairs for the Presidio of Monterey Chapel Building 325 ***PMSA*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-130 C.S. Other 9. Recommendation for Appointments to the Disabled Access Appeals Board (Information Resources - 701-06) Action: Appointed Hawkins, Stocker, Villalpando, each with a term expiring December 31, 2015, and Castaneda, Stevens, each with a term expiring June 30, 2016 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Robbie Terriso, Robbie's Ocean Fresh Seafood, voiced concerns regarding parking and traffic issues on the Wharf, especially with the recent abundant squid harvest and sales to the public. He asked for the City to observe the situation before adding more spaces to the building. PK Diffenbaugh, Superintendent of MPUSD, said that this is his first day on the job and that he looks forward to working with the City. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 10. Consider 720 and 750 Via Mirada; Adopt a Resolution Certifying the Negative Declaration; 1st Reading of an Ordinance to Rezone 14-043 to Remove the Historic Landmark Designation on a Portion of the Lot (Plans & Public Works - 203-02) 3  City Council Minutes Tuesday, July 1, 2014 Action: Adopted Resolution No. 14-131 C.S. and passed Ordinance to print Principal Planner Cole presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Jason Retterer, on behalf of the Bains, spoke in support of the item. Melissa Burnette, President of the Board of Trustees of the Museum of Art, spoke in support of the Resolution. Mayor Della Sala closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Della Sala, and carried by the following vote, the City Council adopted Resolution No. 14-131 C.S. certifying the Negative Declaration finding no significant impacts for the rezoning of 720 and 750 Via Mirada; and passed to print an Ordinance approving Rezone 14-043 to remove the Historic Landmark designation on a portion of the lot: 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. Adopt a Resolution Establishing a Master Fee Schedule and 1st Reading - Amend Monterey City Code, Chapter 19 Article 4, Section 19-103 Schedule of Fees and Schedule Charges (Finance - 407-06) Action: Adopted Resolution No. 14-132 C.S. and passed Ordinance to print Assistant Finance Director Porter presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing, had no requests to speak, ... On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution 14-132 C.S., establishing a Master Fee Schedule and passed an Ordinance to print amending the Monterey City Code, Chapter 19 Article 4, Section 19-103 Schedule of Fees and Schedule Charges: 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 12. Consider Encroachment Permit #EN14-021 (Russo & Steele) for a Request to Display Vehicles and Banners on One Side of Alvarado Mall (Plans & Public Works - 803-13) Action: Approved?/Denied? temporary encroachment permit 4 City Council Minutes Tuesday, July 1, 2014 Mayor Della Sala opened public comment on the item. Bob Massaro, Russo and Steele, spoke in support of granting the permit. He noted that last year's signs were of great assistance to people in directing them to the auction. He asked Council to approve the item. On question, Police Chief said that while there were some issues last year the traffic plan worked well. He favored directing people through Alvarado Mall. Mr. Peterson, Potola Hotel and Spa, encouraged Council to keep the plan the same as last year. Hansen Reed, RM Auctions, said that Alvarado Mall is an integral part of their auction, and branding is part of that. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Clarifying that since the public mall space is being used without compensation. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Encroachment Permit #EN14-021 (Russo & Steele) for the display of banners only, but no vehicles, on Alvarado Mall: Councilmember Selfridge said that the car display could be shared on one side of the mall. Councilmember Downey offered a substitute motion to deny the encroachment permit, and allow directional signs for the auctions, and the motion died for lack of a second. AYES: 4 COUNCILMEMBERS: Haffa, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comment on the closed session items, had no requests to speak, and closed the floor to public comment. Council adjourned to closed session at 5:15 p.m. ***Adjourn to Closed Session*** Council will adjourn to closed session no later than 5:00 p.m. *No discussion of a new item will be started after 10:30 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a closed conference with their legal counsel to discuss existing litigation, Mercurio versus the City, the Council gave unanimous confidential direction to their counsel. Ms. Gawf said that in a conference with labor negotiators Maloney, Jones, and Russo regarding Monterey Fire Fighters' Association, Monterey Fire Chief Officers' Association, Monterey Police Association, Monterey Police Lieutenants' Management Association and unrepresented Regular Part Time employees, the City Council unanimously gave confidential direction to their negotiators. 5  City Council Minutes Tuesday, July 1, 2014 WATER UPDATE Mayor Della Sala no Jim CMRWPCA has had three deadlines to talk with the agricultural community... CONTINUED PUBLIC COMMENTS Mayor Della Sala opened public comment on items not on the agenda. Charlene Carter, Monterey resident and advocate for short term rentals in Monterey, said that there are over 200 short term rentals that are not allowed, which would be a great tax base if they were permitted. Judy Karas referenced her previous comments regarding a sidewalk in front of the 76 gas station, and said that nothing has been done to fix it. She urged a change in the City's policy that would insure this type of condition would be corrected in a short time frame. Mary Alice Cerrito Fettis, President of Fisherman's Wharf Association, encouraged the Council to keep an open mind regarding all possibilities regarding the waterfront. Nina Beety said that she is not speaking in person because the wifi, ipads, cell phones, and other technology in the Chamber make her will. She said that a Councilmember that has a conflict of interest voted on a recent ordinance regarding cell phone towers. She asked that the Ordinance be reconsidered with that Councilmember recusing herself. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 13. Consider 1340 Munras Avenue; Appeal 14-209 of Planning Commission Approval of Use Permit 13-563 for a New Personal Wireless Service Facility; Appellant Jennifer and Tom Hamrick; Owner TTNTT Alliance, LLC; R-3-20-AP Zoning District (Plans & Public Works - 203- 02) Action: Adopted Resolution No. 14-133 C.S. and Resolution No. 14-134 C.S. (4-0-1; Selfridge not participating) Councilmember Selfridge recused herself from hearing this item due to a conflict of interest and left the Chamber. Senior Assistant Hopper presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing. Calvin Wilkes, restaurant owner in Pacific Grove, said that cell phones are essential for poor people who work in the community and there is a need for additional overall coverage in Monterey County. Tom Hamrick, Appellant, gave examples of past Council actions that denied a cell tower location and supported an opt out provision for SmartMeters. He said that Council should honor its code, protect citizens, and grant his appeal, denying the Use Permit. He asked those in support of his appeal to stand, and approximately 35 people stood. Hunter Harvath, President of MST, spoke in support of the Planning Commission recommendation to deny the appeal, saying that MST's bus drivers use this technology to communicate and cell coverage in that area is weak. Sam Teal, Monterey County Hospitality Association Chairperson, said that visitors often complain to his members about dropping coverage in that area, and he supported installation of the towers. Mr. Annish???, President of 6 City Council Minutes Tuesday, July 1, 2014 the Monterey Vista Neighborhood Association, said that his association is in full support of increasing coverage, but oppose putting towers directly adjacent to a residential neighborhood. Nina Beety, via telephone, said that there was a lack of technical information in the report. She said that she would be conducting blood cell analysis before and after the towers are installed to monitor health problems. She opposed the installation of the tower, saying that it would create a more healthful environment and attract more tourists. Ed Smith, Pacific Street resident, voiced concerns regarding the selection of 1340 Munras as the tower cite. He said that it would jeopardize the neighborhood, and urged Council to send the applicant back to find another site. Ed Smith supported the Hamrick's motion to not allow the cell towers at 1340 Munras. Mya Pollack said that she loves her cell phone and understands why AT&T wants to expand coverage, but they have not done their homework. She opposed the AT&T Use Permit. Director at CSUMB... spoke in opposition to AT&T's appeal. Heidy Friry said that she lives on the other side of Del Monte Center said that she attended the Planning Commission meeting and all the the questions being brought up tonight were answered. She said that the need is obvious, AT&T has done their due diligence, and she supports AT&T's appeal and the Planning Commission recommendation. Bill Sollitario said that he was at the Planning Commission meeting, and AT&T did not prove anything. He said that this is not an issue of whether we need better coverage, it is an issue of where to put the antennaes in a residential area. He supported the Hamricks' motion. On question, Natalie Blum said that she resides about fifty feet away from the antennae location and she opposed allowing their installation there. She thanked the Council for protecting quality of life in Monterey's neighborhoods. Sandy Sollitario said that Councilmember Selfridge may be on the wrong side of this issue. She said that she talked with the Mall Manager at Del Monte Center and he said he would be willing to work with AT&T to locate a tower behind the Whole Foods market. Ms. Park, retired teacher opposed locating the cell tower at 1340 Munras because it is forty feet from her house. Ms. Pollack submitted a petition opposing the installation of the cell towers signed by 25 residents who live adjacent to the proposed location. Judy Karas spoke in opposition to the installation of the cell towers and said that there are alternatives that should be explored. George Helm, Del Monte Shopping Center Manager, said that he supports better cell reception, AT&T, and the neighbors and there should be a compromise. He confirmed that there is a possibility that a tower could be located behind Whole Foods and Del Monte Center would accommodate that. Clyde Roberson, Monte Vista resident and elementary school teacher, said that he knows the Council will protect the neighborhood as requested by the Hamricks. Troy Miller said that cell towers could affect the property values in the area. Christina Ornellas, Surgical RN, said that she purchased her home in the neighborhood because she is on call. She said that she has coverage on her AT&T cell phone, and this is a commercial issue that deserves a commercial solution. Larry Probst said that he lives less than fifty steps from the building, and he opposes the Use Permit. Teddy Berahas, Director of External Affairs for AT&T, said that they are seeking approval for a Use Permit. She presented details regarding the equipment and the coverage gap that it is meant to cover. She said that the technical details are included in the packet and she would be happy to answer questions about the data. She said that AT&T has done a significant alternate site analysis, they are seeking to place the antennaes on a wholly commercial site, and the location is based on line of site. She said that AT&T has met its obligation, and she asked Council to uphold the Planning Commission decision and grant the Use Permit. On question Ms. Berahas said that they would be willing to extend the shot clock with a certainty that the City would support a particular 7  City Council Minutes Tuesday, July 1, 2014 location. Mayor Della Sala opened the floor for a rebuttal from the appellant. Mr. Hamrick showed some possible solutions that could be used at Del Monte Center. He said that almost everyone who supports this location are not voters in the City of Monterey. Councilmember Sollecito said that there is new information here, but he believes there is a potential solution at Del Monte Center. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to grant the 1340 Munras Avenue; Appeal 14-209 of Planning Commission Approval of Use Permit 13- 563 and deny the application for a New Personal Wireless Service Facility. Councilmember Haffa said that he watched the Planning Commission meeting and he does not believe AT&T has made their case. Mayor Della Sala said he believes there is an opportunity at Del Monte Center. 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 Councilmember Selfridge returned to the dais. PUBLIC APPEARANCE 14. Adopt FY 2014/2015 Capital Improvement Program (CIP) (Continued from June 17, 2014) (Plans & Public Works - 406-03) Action: Adopted Resolution No. 14-135 C.S. Principal Engineer Harary presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item. Mary Alice Cerrito Fettis, President of Fisherman's Wharf Association, said that the Wharf parking lot needs to be repaired, but asked Council to defer making any changes at this time. Richard Ruccello commented on the Pavement Condition Index and said that the amount of money budgeted for street repairs is inadequate. He asked Council to postpone non-essential items and put the money into street repairs. He said that the residents are looking for a unified City Council so they can be unified. Tom Rowley said that he watched the Planning Commission meeting, and said that much of the recent controversy stems from the last traffic and parking study that was adopted a couple of years ago and it was lousy. He said the four speakers at the last Planning Commission meeting 8  City Council Minutes Tuesday, July 1, 2014 were very eloquent about the parking situation at the Wharf. Clyde Roberson said that the Wharf parking lot should have further study before it is approved. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Downey said that she favors spending the minimum amout of money to do safety repairs to the parking lot. She asked if all of the sidewalk tripping issues are addressed in the plan. Mr. Harrary said that the past year many of the sidewalks have been fixed over the past year and this year's budget will go a long way, but not address all of them. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council do only the bare minimum on the parking lot and adopt the Capital Improvement Program (CIP) minus the $600,000 proposed for the Wharf Parking Lot and look at the sidewalks to work on trip hazards: Councilmember Sollecito asked to amend the motion to take the sidewalks out of the motion, and the motion maker said that she is concerned about the number of lawsuits from trip hazards. City Manager McCarthy said that staff would come back with a report on sidewalks. The motion maker and seconder agreed with that amendment. 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 called a recess at 9:10 p.m. the reconvened the meeting at 9:20 p.m. 15. Adopt FY 2014/2015 Neighborhood Improvement Program (NIP) (Continued from June 17, 2014) (Plans & Public Works - 406-03) Action: Adopted Resolution No. 14-136 C.S. NIP Coordinator Francis presented the staff report. Rick Heuer, NIP Spokesperson, highlighted the amount of funds being directed toward street repairs. He clarified that 100% of the funds that NIP spends is on capital improvement projects. He asked to have any desired street repair projects submitted far in advance of the deadline. Councilmember Downey asked to have an alternate appointed for Alta Mesa neighborhood. Judy Karas spoke on behalf of Rosemary, a resident on the 300 block of Van Buren Street, saying that she hopes the NIP would consider a storm drain project at that location next year. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey thanked staff for the project listing. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-136 C.S., approving the FY 9  City Council Minutes Tuesday, July 1, 2014 2014/2015 Neighborhood Improvement Program (NIP) and make a concerted effort to identify streets in Monterey early on that need repair: 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 16. Ballot Measure Advisory Committee Report and Direction to Staff on Whether to Consider a Sales Tax Measure at the August 5, 2014 City Council Meeting (Finance - 404-01) Action: Staff direction (4-1; Downey voting no) Finance Director Forbis introduced the item and introduced Mr. Tilley, Chair of the Ballot Measure Advisory Committee. Mr. Tilley thanked the staff. He said that the time was very limited for the task of understanding the City's budget. He said that on a close vote, the committee supports placing a ballot measure to increase sales tax. He said that there is strong support for a special tax to fund street repairs, ADA improvements, the Downtown Specific Plan and North Fremont Specific Plan, with a four-year sunset and an oversight committee. He summarized the vote the recommend the Council to look into a study on privatization of certain services, do a total compensation study, encourage NIP to support Capital improvements and study implications of binding arbitration. Councilmember Sollecito said that he would like to pay off the PERS side fund and use the resulting money to fund roads. He said that it is nearly impossible to obtain a two-thirds vote for a special tax. Mr. Tilley said that there was a reluctance in the group to approve a general tax. Councilmember Downey noted that it would be difficult to explain the side fund. She said that she believes that a special tax would be easier to garner support. Councilmember Selfridge thanked the committee and she agreed that it was a very short time frame. On question, Mr. Tilley said that there was no discussion about delaying the tax for a future election, but these recommendations were made for this coming election. Councilmember Downey thanked the committee and said that she understands the recommendation. Mayor Della Sala opened the floor for public comment. Sam Phillips, Advisory Committee member, said that the committee understands the benefit of paying off the side fund. He said that the committee's research said that increasing pension costs and salaries raised questions regarding adding a general tax. He said that he believes the business community might support it and there is a possibility that it might pass. Rick Heuer, Monterey resident and business owner and president of Monterey Peninsula Taxpayers Association, said that his association has not taken a position, but they would oppose a general tax. He said that he would oppos the recommendation primarily because it does not address pensions and funds controversial specific plans. He said that oversight committees are a panecea because they do not have any power but to look at the checks that are written. On question he said that the taxpayers association had more confidence in the Carmel Council to spend the funds than they do in Monterey's Council. Carol Chbagin, Monterey resident and committee member, noted that the vote of the committee for a special tax was ten to one, and she said that the committee would activly support a ballot measure for a special tax. Tom Rowley, MPTA Board Member, said that details are important, and the details in the proposed 10  City Council Minutes Tuesday, July 1, 2014 transportation special taxes caused them to fail. He suggested not including controversial projects. Sam Gell, Hospitality, said the committee did very good work. He said that his organization does not yet have a position, but will have by the next meeting, but they are highly interested in it. Having no further requestst to speak, Mayor Della Sala closed public comment on the item. Councilmember Selfridge said that the vote at the last meeting regarding the inclusion of the Downtown and North Fremont Plans in the vote was pending additional information. Coudncilmember Sollecito presented a 2013 Report Card for America's Infrastructure that shows the general condition of the country's infrastructure. He said it is falling apart and we have to fix it, and that will require cuts in services and quality of life will suffer. He said that he is worried. Councilmember Downey said that she wants 1% Special Tax with a four-year sunset. It was moved by Councilmember Haffa, and seconded by Councilmember Selfridge, to direct staff to prepare a ballot measure for a special tax of 1%, with a sunset in 4 years that would include roads, sidewalks, capital improvements on deferred maintenance of buildings, and storm drains, and the creation of an oversight committee. Councilmember Downey suggested that the side fund should also be included. Mr. McCarthy said that 40% could be dedicated to the side fund, which would pay it off in four years. Mr. Haffa said that it might cause the tax not to pass. Councilmember Sollecito said that as long as it is specific he believes the committee will support it. Ms. Downey asked to take the matter back to the committee for discussion. City Attorney Davi said that what she hears being described includes Streets, sidewalks and ADA improvements. Councilmember Haffa amended his motion to include only roads, sidewalks, storm drains, and ADA improvements, and Councilmember Selfridge seconded the motion. Councilmember Sollecito said that he believes that paying off the side fund is the best business practice. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Haffa, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 17. 1st Reading to Adopt Monterey City Code Section 32-6.2 to Prohibit Sitting or Lying Down on Sidewalks in Commercial Districts (Police - 701-11) Action: Passed Ordinance to print and directed staff to return to Council in one year with a study to determine its effectiveness and to install additional benches in the 11 City Council Minutes Tuesday, July 1, 2014 commercial districts (4-1; Haffa voting no) Police Chief Penko presented the staff report and answered Councilmembers' questions. Councilmember Haffa expressed concerns that the City does not have a shelter to send people to. Mayor Della Sala opened public comment on the item. Maxwell Green spoke in opposition to the ordinance, saying that the language is very subjective and similar ordinances in other cities have been found unconstitutional. Joyce Vandevere, Monterey homeowner, thanked Council for the money they have dedicated for the homeless and opposed the ordinance. Bill Leonie, former business owner in Monterey, encouraged Council to review the Berkeley study regarding sit-lie laws, and he opposed the ordinance. Michele Welch, representing ACLU, expressed concern regarding the constitutionality of a sit-lie ordinance and spoke in opposition to its adoption. Stephanie Spoto, Manager of Old Capitol Books, spoke in opposition to the ordinance. Judy Karas said that she can see both sides of this issue, but she is opposed to adoption of the ordinance. Michael Crederson spoke in opposition to the ordinance. Henry Ruhnke, Wald Ruhnke and Dost, said that he has researched several downtowns in the coastal area. He said he has seen compasionate treatment of homeless individuals. Rick Johnson, OMBA, said that his board of directors overwhelmingly supports this ordinance. He said that they know the ordinance will not solve everything, but it will help the situation. Jeff Gorman, Downtown business person, spoke in support of adopting the ordinance. An unidentified woman said that it is difficult to hear how people talk about the homeless. She opposed the ordinance. Ed Smith, Monterey resident, said that the ordinance is not designed for people in tragic circumstances. He supported adoption of a reasonable ordinance. Matthew Sundt, Old Capitol Books owner, spoke in support ofdoing what ever is necessary to reduce blight in the downtown. Sunny Fawcett spoke in opposition to the ordinance. Elliott Roberts, ACLU Monterey Chapter, acknowledged that there is a problem downtown, but the sit-lie ordinance is not the way to deal with it. Diane Cotton agreed with the previous speaker and opposed the ordinance. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council passed an ordinance to print, adopting Monterey City Code Section 32-6.2 to prohibit sitting or lying down on sidewalks in commercial districts: 12  City Council Minutes Tuesday, July 1, 2014 Councilmember Haffa said that there are practical, legal and moral issues with regard to the ordinance and it targets homelessness. He said that in other cities this type of ordinance affects long term homeless more than the travelers. He said that there are already laws on the books to address bad behavior, and this ordinance might be unconstitutional and did not support the motion. Mr. Haffa suggested another approach to direct staff to look into a street outreach program. Mayor Della Sala thanked Councilmember Haffa for his impassioned remarks. He said that the proposed ordinance does not make it illegal to sit and lie in public, rather it is very specific. He said that he believes it is legal and it does not matter whether the person is poor or not. He said that the status quo is not working, so it is important to try this ordinance. Councilmember Selfridge said that she appreciates Mr. Haffa's views, but something must be done. Councilmember Haffa asked for a time limit so the ordinance could be reviewed. The motion maker said that she would be amenable to directing staff to come back to the council in one year to determine if it is working and to direct staff to install more benches in commercial areas. The amended 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 CD/LD to table Item 18 and 19 (5-0) Adjourn to Joint Powers Authority Meeting JOINT POWERS AUTHORITY - PUBLIC APPEARANCE 18. Approve and Adopt the Joint Powers Financing Authority Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) Action: Tabled Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 19. Approve and Adopt the Ocean View Community Services District Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) Action: Tabled 13 City Council Minutes Tuesday, July 1, 2014 Adjourn to City Council Meeting CITY MANAGER REPORTS City Manager McCarthy reminded Council that the July 15th City Council meeting and the July 23 Study Session has been canceled. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:53 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 14