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Council Regular Meeting

Regular Meeting

Monterey, CA · August 5, 2014

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 5, 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, Fire Chief, Deputy City Manager Plans and Public Works, Acting Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, Senior Associate Planner, Human Resources Analyst, Principal Engineer, Communications and Outreach Manager, Assistant Finance Director CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS 1. Councilmember Request to Agendize Reconsideration of Funding for the Monterey Peninsula Regional Water Authority (Downey - 701-01) Action: Agendized by consensus Councilmember Downey said that she has requested reconsideration because one-third of the County constituents are unrepresented because the Board of Supervisors has no representative on the Authority and the County is not participating in the funding. Mayor Della Sala clarified that the County has paid the invoiced amount for FY 12-13 and will be taking up the funding for FY 13-14 at their next meeting. Councilmember Downey asked to agendize the matter and, with Councilmembers Haffa and Selfridge in agreement, the Council scheduled an item for a future meeting by consensus. Ms. Downey offered kudos to the Library and the Wharf Marketplace. She asked the Mayor to adjourn tonight’s meeting in memory of Bob Antle, father of Rick Antle. She said that she is still interested in hiring an outside negotiator to work with Council on employee salaries. She offered kudos to the Finance Department on the award they are being recognized for this evening and to the Ballot Measure Advisory Committee. Councilmember Selfridge thanked the Ballot Measure Advisory Committee for their work. She reported on her attendance at the Sister City International Conference in San Jose, and said she looks forward to working with Mr. Pick on this topic. Mayor Della Sala reminded everyone that next week is car week, which will bring hundreds of thousands of visitors who will produce significant revenue for the area in the form of hotel and sales taxes. City Council Minutes Tuesday, August 5, 2014 PRESENTATIONS 2. 2013 Government Finance Officers Association Certificate of Achievement for Excellence in Finance Reporting (Finance - 403-01) Action: Received presentation Assistant Finance Director Porter introduced Carol Bouchard, Wendy Davies, and Lorraine Frank, who are primarily responsible for working on the financial reports She presented a Certificate of Achievement, from the GFOA and reviewed the standards necessary to receive the award, saying that the City has received the highest score in each category. City Manager McCarthy said that the award is an achievement, especially considering the turmoil the Finance Department went through this past year with 2 interim directors and finally a permanent director. Mayor Della Sala said it is an achievement to receive this award for the past 18 consecutive years. CONSENT ITEMS City Manager McCarthy said that a member of the public has asked to remove Item 6 from Consent, staff is asking to table Item 10, and a Councilmember has asked to pull Item 13. Mr. McCarthy requested that Item 15 be amended to make only the appointments to the Library Board and Planning Commission, but to table the ARC appointments at this time. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6, and 13, which were removed for discussion, and amending Item 15 to make appointments to the Library Board and Planning Commission and tabling appointments to the ARC: 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 3. July 1, 2014 (Information Resources - 701-09) Action: Approved Ordinances 4. 2nd Reading - Rezone 14-043 to Remove the Historic Landmark Designation on a Portion of the Lot - 720 and 750 Via Mirada (Plans & Public Works - 203-02) Action: Adopted Ordinance No. 3501 5. 2nd Reading - Amend Monterey City Code, Chapter 19 Article 4, Section 19-103 Schedule of Fees and Schedule Charges (Finance - 407-06) Action: Adopted Ordinance No. 3502 2 City Council Minutes Tuesday, August 5, 2014 6. 2nd Reading - Adopt Monterey City Code Section 32-6.2 to Prohibit Sitting or Lying Down on Sidewalks in Commercial Districts (Police - 701-11) Action: Removed from Consent; discussed; adopted Ordinance No. 3503 (4-1; Haffa voting no) Police Chief Penko presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Robert Curry, Monterey resident, spoke in opposition to the ordinance, saying that it is probably unconstitutional, not needed, and fosters dangerous illusions about homeless people. Joyce Vandevere spoke in opposition to the ordinance, saying that it is unrealistic to prohibit sitting in public spaces. Janet Wilson, Pacific Grove resident and former Monterey resident, spoke in opposition to the ordinance. Bill Leone, former businessman and math teacher, asked how the difference between a homeless veteran and a traveler would be determined. He said that Santa Cruz businesses fund street ambassadors for $138,000 each year, and he urged Council to do their homework. Wanda Sue Parrot, advocate for homeless women on the Monterey Peninsula, said that she is here to gain understanding. She asked if there is a line of distinction between the medical area and the commercial area and if there is a time limit that a person can sit on a bench. Dianne Cotton, High School Counselor, said that you do not teach young adults respect by being disrespectful, and she spoke in opposition to the ordinance. Rick Johnson, Executive Director of the OMBA, said that there was a change right after the first vote on this ordinance and when the security patrol started and additional benches were installed. He spoke in support of the ordinance, saying that it goes a long way toward solving the problem. Don Williams, President and CEO of Lizard's Lick Clean Up, said that he has been cleaning up the town and helping veterans for six years. He said that the homeless are taking over the bus stop, and are not willing to work or help themselves. Having no further requests to speak, Mayor Della Sala closed public comment on the item. In answer to the questions, City Attorney Davi said that this ordinance does not apply to Cass Street and does not regulate how long or how much space an individual can take on a bench. Mayor Della Sala explained that the ordinance is very narrow, and does not apply to beaches or parks, only specified commercial areas. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Ordinance No. 3502, Monterey City Code Section 32- 6.2 to Prohibit Sitting or Lying Down on Sidewalks in Commercial Districts: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 7. Authorize Renewal of the School Resource Officer Program Services Agreement between the City of Monterey and the Monterey Peninsula Unified School District (Police - 704-05) Action: Adopted Resolution No. 14-136 C.S. 3 City Council Minutes Tuesday, August 5, 2014 8. Authorize Fee Waiver for Use of the Waterfront Community Room by Festa Italia Santa Rosalia (City Manager - 101-14) Action: Adopted Resolution No. 14-137 C.S. 9. Amend Resolution 13-105 C.S., Sanitary Sewer Rehabilitation Program Management and Design Professional Services Agreement with Harris & Associates (Plans & Public Works - 701- 13) Action: Adopted Resolution No. 14-138 C.S. 10. Award a Professional Services Agreement to Ausonio, Inc. for Program Management Services for the Monterey Conference Center Renovation Project and Amend Resolution 14-047 C.S. to Increase the Loan from the Parking Fund to the Capital Improvement Fund in the Amount of $150,000 (Plans & Public Works - 701-13) Action: Removed from Consent; continued to August 19, 2014 On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the Item to August 19, 2014: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Amend Resolution 13-140 C.S., Professional Services Agreement for the Holman Highway 68/Highway 1 Roundabout Project with Omni-Means Limited (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-139 C.S. 12. Reject Sole Bid for 2014 Street Resurfacing (Slurry) and Wharf 1 Seal Coat Projects ***CIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-140 C.S. 13. Approving Planning Office Work Program as Recommended by the Architectural Review Committee, Historic Preservation Commission and Planning Commission (Plans & Public Works - 201-01) Action: Removed from Consent; discussed; adopted Resolution No. 14-141 C.S. (4-1; Selfridge voting no) Principal Planner Cole presented the staff report and answered Councilmembers' questions. Councilmember Selfridge said that she would prefer to table this item until the new Council is seated. Councilmember Sollecito said that when you have people who want to invest in a community, they want to know that the community has a long-term plan. He said he prefers to move forward now. Councilmember Haffa confirmed that this item completes and implements plans that have already been approved, and Ms. Cole agreed. Councilmember Downey said that she would like to see these plans move forward. On question, Ms. Cole said that these plans leverage many things. Councilmember Haffa said that he hopes we continue to look at the neighborhoods. Mayor Della Sala opened public comment on the item. Rick Johnson, Administrator of the New Monterey Business Association, supported moving forward on the Lighthouse District plan and not losing momentum. Mayor Della Sala closed public comments. 4 City Council Minutes Tuesday, August 5, 2014 Councilmember Downey said that she hears from many people that it takes too long to get an item through the Planning Commission and that is not always in the best interest. Mayor Della Sala said that public engagement is always advantageous. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-140 C.S., approving the Planning Office Work Program as recommended by the Architectural Review Committee, Historic Preservation Commission and Planning Commission: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Amend Resolution 14-125 C.S., Changing the Position Control List for the Fire Department by Adding One 30-Hour Regular Part-Time Administrative Assistant I in the Administration Division and Appropriate Funds (Fire - 502-11) Action: Adopted Resolution No. 14-142 C.S. Other 15. Recommendation for Appointments to the Architectural Review Committee, Library Board of Trustees, and Planning Commission (Information Resources - 701-06) Action: Reappointed Yamanishi to the Library Board of Trustees; Reappointed Garden, Reed, and Widmar to the Planning Commission, appointed Ramaswamy to the Library Board of Trustees; tabled ARC appointments for a future meeting pending final recommendation of the Council Subcommittee 16. Send a Letter to Support Efforts to Protect Antique and Flea Markets by Opposing Assembly Concurrent Resolution 101 (City Manager - 701-01) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comment on items not on the agenda, had no requests to speak, and closed public comments. Councilmember Selfridge said that she is recusing herself from participating in the closed session Item 2 due to a disqualification. Mayor Della Sala opened public comment on closed session items, had no requests to speak, closed the floor, and adjourned to closed session at 5:05 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m., and all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that in a conference with Labor Negotiators Maloney and Russo regarding Unrepresented Regular Part-time Employees and Unrepresented Part-time Temporary Seasonal Employees, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. Ms. Gawf announced that the City 5 City Council Minutes Tuesday, August 5, 2014 Council received a report on one potential case and provided direction to legal counsel to extend a temporary tolling agreement to June 30, 2015 in a conference with legal counsel regarding anticipated litigation due to significant exposure to litigation in the matter of an AT&T use permit claim, 1340 Munras Avenue. The vote was 4-0-1, with Councilmember Selfridge not participating due to disqualification. WATER UPDATE Executive Director Cullem reported that since Mayor Della Sala is leaving office, he resigned as the President of the Water Authority and Mayor Burnett was elected to the position. Mr. Cullem reported that SB936 passed the Senate on a unanimous vote and will now go to the Assembly. He said the MRWPCA has not reached an agreement with the Salinas Valley Ag interests. He said that the Monterey Water Supply project has been delayed a few months due to the time it has taken to obtain approval of the test slant well, and the Marina City Council will consider a permit on August 26th. He said the Coastal Commission will hear the project on October 8-10. Executive Director Cullem said that the CPUC will release the draft EIR by September 30th, with hearings on the agreements in December. He said that the Water Authority, Cal Am, WMD and other parties to the CPUC settlement agreements are working together to petition for a 2-year time extension from the current CDO deadline. He reported that the water Authority has contracted for the value engineering study and Cal Am paid for it. Mr. Cullem gave an update on the approvals of the County’s and City’s fair share contributions to the Authority. Ms. Downey asked to have a regular financial report on this information. Councilmember Sollecito suggested that in light of the drought, a larger desal plant should be built. Mr. Cullem said that the size of the plant is part of the negotiated settlement agreement. Mr. Sollecito said that the entire state is in an emergency situation, which changes the political landscape. Councilmember Downey said that she believes GWR is an important part of the solution because she it will facilitate the extension of the CDO. She noted that she is very disappointed in the Pollution Control Agency Board, of which she is a member, for not pushing the negotiations with the Ag interests into arbitration. Mayor Della Sala opened public comments on the item. Nelson Vega agreed with Councilmember Sollecito's statement that the larger desal project should be built because it will be the most reliable and cost effective solution. He said that he does not believe that the state would punish Monterey during the drought. John Narigi, Chair of the TAC and Coalition of Business Leaders member, said that he is surprised that the MRWPCA has not moved to arbitration. He suggested that if they do not make the deadline, the coalition should support moving to the larger desal plant. He said that he does not believe that the State is willing to bend on the CDO deadline. Having no further requests to speak, Mayor Della Sala closed public comment. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda, no one came forward, and he closed the floor. PRESENTATIONS 17. Update on Aquarium Marketing of Monterey (City Manager - 101-13) Action: Received report 6 City Council Minutes Tuesday, August 5, 2014 Barbara Meister, Public Affairs Director for the Aquarium gave the presentation on the educational, social, and economic impacts of the Aquarium's programs. Councilmember Haffa expressed his appreciation for the outreach to the Hispanic community. Council adjourned to a Joint Meeting with the Monterey Ballot Measure Advisory Committee. JOINT MEETING - MONTEREY CITY COUNCIL AND MONTEREY BALLOT MEASURE ADVISORY COMMITTEE 18. Report from the Ballot Measure Advisory Committee (Finance - 406-01) Action: Received report Finance Director Forbis thanked the committee members, noting that they met fourteen times over two and a half months. He introduced Chair John Tilley who gave a brief report. Mayor Della Sala asked committee members to describe the most surprising thing they found in the City's budget. Ken Gordon said that he found that the City has not done what it has to do to be held fiscally responsible, but said that his position on the tax increase changed during the process to one of support. He said that the important thing is how the money is handled over the next four years. Moyara Ruehsen said that the pension system is unsustainable, in particular for the police and fire departments. She said that overtime and longevity pay were the most surprising. On question, Chair Tilley said that there was a unanimous vote to support the measure as it was drafted by the City Council. He noted that the idea of a specific tax to improve infrastructure is more highly supported. He complimented the Finance Department and other staff who worked with the committee. Carol Chorbajian said that it was an eye-opening experience, noting that public financing was quite different than private. She said that it is important to improve the pavement conditions and it will require additional money to do that. Dan Baldwin spoke about the process by which the committee arrived at their conclusion. Julianne Sweeny said that she is fairly new to the community, and what was surprising to her was that the infrastructure did not match the beauty of the area. She described her evolution from wanting a ten-year sunset general tax to the four-year special tax. She said that she was surprised to hear the negativity about how the money is spent by the City, as she did not feel that way. On question, Mr. Tilley said that arbitration was a hot topic at times and that the feeling was that too much was left up to the arbitrators. Mayor Della Sala opened public comment on the item. Timothy Barrett said that Council showed insight by appointing citizens to review this issue. He agreed with the recommendation for a specific tax with a four year sunset. He said that linking the side fund with this tax might jeopardize its passage. Nelson Vega encouraged Council to listen to what the Committee said and that they are saying that it's important to win back the confidence of citizens. Ed Smith, Monterey resident, spoke in favor of the Committee's recommendation. He said that the roads need to be repaired, along with the storm drains, sidewalks and handicap access. Sam Teel, Chair of the Monterey County Hospitality Association, said that his group supports the recommendation and will actively support it. Having no further requests to speak, Mayor 7 City Council Minutes Tuesday, August 5, 2014 Della Sala closed public comments. Mayor Della Sala adjourned the meeting back to the City Council. PUBLIC APPEARANCE 19. Disband the Temporary Ballot Measure Advisory Committee and Consider Establishing a Budget/Oversight Committee (Finance - 701-07) Action: Adopted Resolution No. 14-143 C.S. disbanding the committee and directing staff to bring back options to begin the process of forming an ongoing Budget Oversight Committee Assistant Finance Director presented the report. Mayor Della Sala opened public comment. Nelson Vega supported appointing a Budget Committee, and he suggested an open forum with the public. He suggested that there might be several different committees to look at different areas of the City. With no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to disband the Disband the Temporary Ballot Measure Advisory Committee and establish a Budget/Oversight Committee, to include the ballot measure oversight committee, encouraging current members of the Advisory Committee to apply, and to have a financial resume accompany the applications. Councilmember Selfridge suggested two committees, one for oversight, and a separate budget committee. Ms. Downey said that she would consider that, but she believes this committee would not take as much time. Councilmember Sollecito suggested contacting other jurisdictions to see examples before making a decision. Councilmember Haffa said that he agrees with Ms. Downey's direction, and he would like to follow Mr. Sollecito's idea. He said that Council simply wants to give direction to staff that they do want a separate Budget Committee. Ms. Downey amended her motion to adopt Resolution No. 14-143 C.S. to disband the Temporary Ballot Measure Advisory Committee as it has completed its task, and direct staff to bring back options to being the process of forming a new Budget/Finance Committee and Councilmember Selfridge agreed as the seconder. The amended 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 20. Strategies for Funding CalPERS Side Fund Liabilities (Finance - 403-01) Action: Received and discussed report Finance Director Forbis presented the staff report and answered Councilmembers' questions. Council reviewed the various options that were presented. Mayor Della Sala opened public comments on the item. Nelson Vega said that it is not equitable to ask people to pass a tax, then divert money to another use. Mr. Gordon said that 8 City Council Minutes Tuesday, August 5, 2014 diverting money should not be done in order to gain the trust of the taxpayers. He said that the current funding should remain. Moyara Ruehsen said that refinancing should be the approach. Carol Chorbajian said that she believes if you show the benefit to the people of the City of Monterey, it will gain support. Timothy Barrett asked if there is a pre-payment penalty. Joe Aielo said that he is very proud of Mr. Gordon. He said that if money is already set aside, why would people vote for a tax to make these improvements? Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that this was a good discussion. He noted that the discussion is part of the Council being transparent. Councilmember Haffa said that while he would favor paying the side fund off as soon as possible, he would not want to jeopardize the ballot measure, so he would favor a refinance at this time and relooking at the issue later. Mayor Della Sala called a recess at 9:17 p.m., then reconvened the meeting at 9:25 p.m. 21. Approve Ordinance Enacting a Special Transactions and Use Tax to be Administered by the State Board of Equalization, Subject to Adoption by the Electorate; Resolution Calling an Election to Ask the Voters of The City of Monterey to Approve a Special Transactions and Use Tax of One Cent Per Dollar for Four Years, with the Use of the Tax Revenue to be Used Exclusively for Street Infrastructure Rehabilitation and to be Reviewed and Reported on by an Independent Citizens Oversight Committee; and Requesting that the Board of Supervisors of the County of Monterey Consolidate the Election with the Established Election to be Held on Tuesday, November 4, 2014, and Direct the County Elections Department to Conduct the Election on the City’s Behalf (Finance - 407-01) Action: Adopted Ordinance 3504; adopted Resolution No. 14-144 C.S. Finance Director Forbis presented the staff report regarding the proposed ballot measure, and Deputy City Manager Pick reviewed the proposed infrastructure improvements. Mayor Della Sala opened public comment on the item. Joseph Aiello, Monterey resident, said that this is the third or fourth time a similar measure has been put on the ballot and is always voted down. He said that if he is convinced the money is going for infrastructure repair he would probably approve it. He said he does not want to see piecemeal projects, especially sidewalks. John Narigi, on behalf of himself and Monterey Plaza Hotel, read a letter into the record encouraging Council to place a measure on the ballot. Jody Hansen, President and CEO Monterey Peninsula Chamber of Commerce, thanked the committee and staff for working on the measure. She said that the Chamber has not yet taken a position on the measure but will review it next month and are likely to support it. Barbara Meister, Public Affairs Director of Monterey Bay Aquarium, urged Council to place the measure on the ballot. She said that the City has done a tremendous job of weathering the recession by asking employees to contribute more and by reducing staff. Ed Smith, Monterey resident, said that this is a long overdue investment in our community. He thanked the committee and urged Council to place the measure on the ballot. Having no further requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey to adopt an Ordinance enacting a Special Transactions and Use Tax to be administered by the State Board of Equalization, subject to adoption by the electorate; adopt a Resolution calling an election to ask the voters of the City of Monterey to approve a Special Transactions and Use Tax of one cent per dollar for four years, with the use of the tax revenue to be exclusively for street infrastructure rehabilitation and to be 9 City Council Minutes Tuesday, August 5, 2014 reviewed and reported on by an independent citizens oversight committee; and requesting that the Board of Supervisors of the County of Monterey consolidate the election with the established election to be held on Tuesday, November 4, 2014, and direct the County Elections Department to conduct the election on the City’s behalf; with the condition that the Council agendizes 1) longevity pay, 2) arbitration, and 3) NIP allocation of additional funds to streets and infrastructure. Mayor Della Sala said that he could not support marrying the added conditions to the ballot measure. Councilmember Haffa suggested changing the motion to say that the Council will conduct a study session to review the issues brought forward by the Ballot Measure Advisory Committee. The motion died for lack of a second. It was moved by Councilmember Downey to discuss the three issues and other issues as brought forward by the Budget Committee. The motion died for lack of a second. Councilmembers agreed to hold a discussion at a study session to talk about the three issues as stated by Councilmember Downey, and Mr. McCarthy said that staff would schedule that study session in the near future. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Ordinance No. 3504, enacting a Special Transactions and Use Tax to be administered by the State Board of Equalization, subject to adoption by the electorate; and adopted Resolution No. 14-144 C.S. calling an election to ask the voters of the City of Monterey to approve a Special Transactions and Use Tax of one cent per dollar for four years, with the use of the tax revenue to be exclusively for street infrastructure rehabilitation and to be reviewed and reported on by an independent citizens oversight committee, and requesting that the Board of Supervisors of the County of Monterey consolidate the election with the established election to be held on Tuesday, November 4, 2014, and direct the County Elections Department to conduct the election on the City’s behalf: 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. Receive Report and Certify Final Environmental Impact Report (FEIR) for the Area of Special Biological Significance (ASBS) Stormwater Management Project (Plans & Public Works - 806- 12) Action: Received and discussed report; adopted Resolution No. 14-145 C.S. certifying the FEIR Senior Engineer Krebs presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Timothy Barrett said that he believes that this is a great project, and in addition is regional. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-145 C.S. certifying the Final Environmental Impact Report (FEIR) for the Area of Special Biological Significance (ASBS) 10 City Council Minutes Tuesday, August 5, 2014 Stormwater Management Project: 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 Council adjourned to a meeting of the Joint Powers Authority Board. JOINT POWERS AUTHORITY - PUBLIC APPEARANCE 23. Approve and Adopt the Joint Powers Financing Authority Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) Action: Adopted JPA Resolution No. 033 Finance Director Forbis presented the report Chair Della Sala opened public comments on the item, had no requests to speak, and closed public comment. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the JPA Board of Directors adopted JPA Resolution No. 033 and adopted the Joint Powers Financing Authority Budget for 2014-2015: AYES: 5 DIRECTORS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The JPA Board adjourned to an Ocean View Community Services District meeting. OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 24. Approve and Adopt the Ocean View Community Services District Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) Action: Adopted CSD Resolution No. 016 Finance Director Forbis presented the report. Chair Della Sala opened, then closed the public comment period, as there were no requests to speak. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the Community Services District Board adopted CSD Resolution No. 016, approving the Ocean View Community Services District Budget for 2014-2015: AYES: 5 DIRECTORS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None 25. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-08) 11 City Council Minutes Tuesday, August 5, 2014 Action: Received report City Attorney Davi said that there was nothing new to report. Chair Della Sala opened, then closed the public comment period, as there were no requests to speak. The CSD Board adjourned back to the City Council Meeting. CITY MANAGER REPORTS City Manager McCarthy reported that the City of Monterey currently has two Fire Strike Teams and two EMT's assisting with fires throughout the state. He said that the tunnel would be closed on Thursday night for cleaning. On question, Mr. Rerig said that the City completed a public noticing for the current night time work by PG&E. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:34 p.m. in memory of Robert Antle who passed away yesterday. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 12

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, August 5, 2014 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m.* Michael McCarthy Few Memorial Hall of Records Monterey, California *No discussion of a new item will be started after 10:30 p.m. ***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). 1. Councilmember Request to Agendize Reconsideration of Funding for the Monterey Peninsula Regional Water Authority (Downey - 701-01) PRESENTATIONS 2. 2013 Government Finance Officers Association Certificate of Achievement for Excellence in Finance Reporting (Finance - 403-01) 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 3. July 1, 2014 (Information Resources - 701-09) 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. 4. 2nd Reading - Rezone 14-043 to Remove the Historic Landmark Designation on a Portion of the Lot - 720 and 750 Via Mirada (Plans & Public Works - 203-02) 5. 2nd Reading - Amend Monterey City Code, Chapter 19 Article 4, Section 19-103 Schedule of Fees and Schedule Charges (Finance - 407-06) Tuesday, August 5, 2014 6. 2nd Reading - Adopt Monterey City Code Section 32-6.2 to Prohibit Sitting or Lying Down on Sidewalks in Commercial Districts (Police - 701-11) 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." 7. Authorize Renewal of the School Resource Officer Program Services Agreement between the City of Monterey and the Monterey Peninsula Unified School District (Police - 704-05) 8. Authorize Fee Waiver for Use of the Waterfront Community Room by Festa Italia Santa Rosalia (City Manager - 101-14) 9. Amend Resolution 13-105 C.S., Sanitary Sewer Rehabilitation Program Management and Design Professional Services Agreement with Harris & Associates (Plans & Public Works - 701-13) 10. Award a Professional Services Agreement to Ausonio, Inc. for Program Management Services for the Monterey Conference Center Renovation Project and Amend Resolution 14-047 C.S. to Increase the Loan from the Parking Fund to the Capital Improvement Fund in the Amount of $150,000 (Plans & Public Works - 701-13) 11. Amend Resolution 13-140 C.S., Professional Services Agreement for the Holman Highway 68/Highway 1 Roundabout Project with Omni-Means Limited (Plans & Public Works - 701- 13) 12. Reject Sole Bid for 2014 Street Resurfacing (Slurry) and Wharf 1 Seal Coat Projects ***CIP*** (Plans & Public Works - 701-13) 13. Approving Planning Office Work Program as Recommended by the Architectural Review Committee, Historic Preservation Commission and Planning Commission (Plans & Public Works - 201-01) 14. Amend Resolution 14-125 C.S., Changing the Position Control List for the Fire Department by Adding One 30-Hour Regular Part-Time Administrative Assistant I in the Administration Division and Appropriate Funds (Fire - 502-11) Other 15. Recommendation for Appointments to the Architectural Review Committee, Library Board of Trustees, and Planning Commission (Information Resources - 701-06) 16. Send a Letter to Support Efforts to Protect Antique and Flea Markets by Opposing Assembly Concurrent Resolution 101 (City Manager - 701-01) ***End of Consent Agenda*** 2 Tuesday, August 5, 2014 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)*** Council will adjourn to closed session no later than 5:00 p.m. RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m.* *No discussion of a new item will be started after 10:30 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. PRESENTATIONS 17. Update on Aquarium Marketing of Monterey (City Manager - 101-13) Adjourn to Joint Meeting - Monterey City Council and Monterey Ballot Measure Advisory Committee JOINT MEETING - MONTEREY CITY COUNCIL AND MONTEREY BALLOT MEASURE ADVISORY COMMITTEE 18. Report from the Ballot Measure Advisory Committee (Finance - 406-01) Adjourn to City Council Meeting 3 Tuesday, August 5, 2014 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. 19. Disband the Temporary Ballot Measure Advisory Committee and Consider Establishing a Budget/Oversight Committee (Finance - 701-07) 20. Strategies for Funding CalPERS Side Fund Liabilities (Finance - 403-01) 21. Approve Ordinance Enacting a Special Transactions and Use Tax to be Administered by the State Board of Equalization, Subject to Adoption by the Electorate; Resolution Calling an Election to Ask the Voters of The City of Monterey to Approve a Special Transactions and Use Tax of One Cent Per Dollar for Four Years, with the Use of the Tax Revenue to be Used Exclusively for Street Infrastructure Rehabilitation and to be Reviewed and Reported on by an Independent Citizens Oversight Committee; and Requesting that the Board of Supervisors of the County of Monterey Consolidate the Election with the Established Election to be Held on Tuesday, November 4, 2014, and Direct the County Elections Department to Conduct the Election on the City’s Behalf (Finance - 407-01) 22. Receive Report and Certify Final Environmental Impact Report (FEIR) for the Area of Special Biological Significance (ASBS) Stormwater Management Project (Plans & Public Works - 806-12) Adjourn to Joint Powers Authority Meeting JOINT POWERS AUTHORITY - PUBLIC APPEARANCE This is a separate legal body, established by an agreement between the City and the Joint Powers Financing Authority (JPA), comprised of the members of the City Council, with the Mayor serving as Chair. The JPA was established during FY 1994-95 for the purpose of issuing bonds to finance the construction of a materials recycling facility at Ryan Ranch. 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 JPA Chair. The JPA may limit the time each speaker is allocated. 23. Approve and Adopt the Joint Powers Financing Authority Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE This is a separate legal body of the City that oversees the operations of the Ocean View Community Services District desalinization plant. 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 Chair. The District may limit the time each speaker is allocated. 24. Approve and Adopt the Ocean View Community Services District Budget for 2014-2015 (Continued from June 17, 2014) (Finance - 406-03) 25. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706- 08) Adjourn to City Council Meeting 4 Tuesday, August 5, 2014 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. 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@monterey.org 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. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification of 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. 5 Tuesday, August 5, 2014 UPCOMING MEETINGS AT CITY HALL Aug 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Aug 7 Zoning Administrator Meeting, Council Chamber - 4:00 pm Aug 12 Planning Commission Meeting, Council Chamber - 4:00 pm Aug 14 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Aug 14 MP Regional Water Authority Meeting, TBD - 7:00 PM Aug 18 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Aug 19 Council Regular Meeting, Council Chamber - 4:00 PM Aug 20 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Aug 21 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Aug 21 Zoning Administrator Meeting, Council Chamber - 4:00 pm Aug 21 Disabled Access Appeals Board Meeting, Council Chamber - 10:00 AM Aug 25 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Aug 26 Planning Commission Meeting, Council Chamber - 4:00 pm Aug 27 Council Study Session, Council Chamber - 4:00 PM Aug 27 Library Board Meeting, Library Community Room - 5:00 PM Aug 27 Oversight Board Meeting, Council Chamber - 7:00 PM Aug 28 MP Regional Water Authority Meeting, TBD - 7:00 PM Sep 1 City Holiday, City Offices Closed - 8:00 AM Sep 1 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Sep 2 Council Regular Meeting, Council Chamber - 4:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 6

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