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Council Regular Meeting

Regular Meeting

Monterey, CA · August 19, 2014

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 19, 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, Deputy City Manager, Plans and Public Works, Finance Director, Community Services Director, Fire Chief, Police Chief, Acting Human Resources Director, Chief of Planning, Engineering and Environmental Compliance, Assistant Finance Director, Principal Planner, Housing & Property Manager, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:06 p.m. On a request by the Mayor, City Manager McCarthy reported that the City Council received and discussed a report from their labor negotiator in a closed session conference with agency negotiator Janae Novotny, Esq. regarding the employee organization: Executive Management Employee Association COUNCIL COMMENTS Councilmember Sollecito said that it was a great weekend for the Peninsula, including car week and MPC’s hosting of their first antique fair. He said that he looks forward to another fair on September 28th. He advised that when one is confronted by police officers, the penal code says that, "You will obey lawful orders." He said that most of the time officers get voluntary compliance, and parents should teach children to obey lawful orders from police. He said if a wrong is done, it is appropriate to file a citizen's complaint. Councilmember Sollecito reminded drivers to slow down while driving on wet roads. Councilmember Downey said that the R&M auction is a premier event that supports the community. She noted that while car week creates a lot of traffic, the Rotary Club collected $60,000 by volunteering, and that money will benefit scholarships and non-profits. She said that there will be a lot of TOT collected as a result of this event, so it does a lot for the community, even with the inconvenience. Councilmember Selfridge congratulated New Monterey Business Association for hosting free movies in the park, and there will be one more this summer. Mayor Della Sala said that car week was a great success for the City of Monterey and the entire Peninsula. He thanked the volunteers. CONSENT ITEMS Mayor Della Sala said that a member of the public has asked to remove Item #2 and Item #6 from the consent agenda. Councilmember Downey asked to remove Item #4 for a report. City Council Minutes Tuesday, August 19, 2014 On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 2, 4, and 6, which were removed for discussion, and with the Mayor recusing himself from participating in the vote for Item 9: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. August 5, 2014 (Information Resources - 701-09) Action: Approved Ordinances 2. Second Reading of Ordinance 3504 C.S. Enacting a Special Transactions and Use Tax to be Administered by the State Board of Equalization, Subject to Adoption by the Electorate (Finance - 407-01) Action: Removed from Consent; discussed; approved Second Reading of Ordinance 3504 Finance Director Forbis presented a brief report. Mayor Della Sala opened public comment on the item. Nelson Vega reported on a recent survey in the Herald that said that 68% of people are against a tax. He said that it is important for the City to show people that the City is cutting costs and not giving out increases in order for this measure to pass. Having no further requests to speak, Mayor Della Sala closed public comment. Mayor Della Sala thanked Mr. Vega and explained that the Council has asked the staff to complete a new salary survey. He said that several executive managers are doing double duty, having reduced their number from 14 to 9 in recent years. He said that the measure sunsets in four years, and the City is being vigilant with regard to finances. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Second Reading of Ordinance 3504 C.S. enacting a Special Transactions and Use Tax to be administered by the State Board of Equalization, subject to adoption by the electorate: 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 3. Authorize the Purchase of a Portland Loo for the Downtown Additional Restroom Project ***CIP*** (Plans & Public Works - 405-03) Action: Adopted Resolution No. 14-146 C.S. 2 City Council Minutes Tuesday, August 19, 2014 4. Authorize Agreement with the Monterey County Convention & Visitors Bureau (MCCVB) for Destination Marketing Services and Operation of the Visitor Center (Recreation & Community Services - 307-03) Action: Removed from Consent; discussed; adopted Resolution No. 14-147 C.S. Community Services Director Bui-Burton presented the staff report and answered Councilmembers' questions. Councilmember Downey suggested that videos on the history of Monterey be made available to the hotels to play in their rooms. Councilmember Selfridge asked that the CVB help those with new events and attractions get started. Mayor Della Sala opened public comment on the item. Tammy Blunt, President and CEO of Monterey County Convention and Visitors' Bureau, said that they have made some videos available and plan to do more. She also recognized Councilmember Selfridge’s issue. With no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-147 C.S., authorizing an agreement with the Monterey County Convention & Visitors Bureau (MCCVB) for Destination Marketing Services and Operation of the Visitor Center: 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 5. Adopt the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management Plan (IRWMP) Update (Plans & Public Works - 706-04) Action: Adopted Resolution No. 14-148 C.S. 6. Adopt Resolution to Implement Changes to Hourly Wages for Regular Part-time (RPT) Employees Effective September 1, 2014 (Human Resources - 701-13) Action: Removed from Consent; discussed; adopted Resolution No. 14-149 C.S. Employee Relations Manager Jones presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Nelson Vega said that in the private sector in 2010 there were not many salary increases. He voiced concerns that this is the beginning of compaction and that will eventually increase all salaries. He said this could cause the tax measure to fail and suggested that Council should not increase salaries for the next four years. With no further requests to speak, Mayor Della Sala closed public comment. Mayor Della Sala said that eight years ago when he became Mayor there were approximately 550 employees, and now there are only 450. He said that employees are working harder than ever, Council cannot bind future City Councils, and Council cannot predetermine the outcome of negotiations. He said that it is estimated that 50% of the sales tax increase will be paid by tourists and will go to roads, sidewalks and storm drains. The Mayor said that this would be a wise investment. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa, to adopt Resolution 14-149 C.S. implementing changes to hourly wages for Regular Part-time (RPT) employees, effective September 1, 2014. 3 City Council Minutes Tuesday, August 19, 2014 Councilmember Haffa said that he is in favor of this action because part time employees are doing the same work for less money. Councilmember Selfridge said they haven't had a raise since 2010. 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 7. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with Real Property Negotiators Hans Uslar, Dino Pick, Chip Rerig, Rick Marvin, Janna Aldrete and Will Sterling to Provide Lease Negotiation Direction for Lease at 285 Figueroa Avenue (Monterey Beach Party, Inc.) (Plans & Public Works - 704-10) Action: Authorized 8. Authorize Acquisition and Award Contracts for Service to Infor Public Sector, Inc and TruePoint Solutions to Upgrade the Plans & Public Works Hansen Asset Management Software (Information Resources - 105-03) Action: Adopted Resolution No. 14-150 C.S. 9. 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 (Continued from August 5, 2014 Council Meeting) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-151 C.S. and Resolution No. 14-152 C.S. (4-0-1; Della Sala not participating due to a potential conflict of interest) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Don Williams said there are five storm drains that are clogged with leaves and paper Downtown, and they don't get cleaned up at all. He suggested that the bike trail needs to be widened to make room for pedestrians. Valencia Picinni asked Council to agendize, in September, opening a medicinal medical marijuana dispensary in the City of Monterey. Sam Rashkin said it is important to retain, expand, and attract with regard to economic development. He said that he knows of two local businesses that are closing and two more that might close. He asked Council to do a market rent survey. He reviewed a business on Wharf I that is in danger of closing and asked Council and staff to see if there is a way to save these businesses. Alex Peterson thanked the Mayor and Council for allowing his and Ms. Warner's classes to come to the Council meetings and learn about the City. Dereck Uma, Student at MHS, voiced concerns about parents parking in red zones and double parking on school property. Councilmember Sollecito said that the Chief of Police would advise the School Resource Officer. Having no further requests to speak, Mayor Della Sala closed public comments. 4 City Council Minutes Tuesday, August 19, 2014 PUBLIC HEARING 10. 1st Reading to Amend Monterey City Code Chapter 38, Article 8, Section 38-40.B to Include Animal Sales & Services: Animal Boarding, Animal Grooming, Animal Hospitals - as Conditionally Permitted Uses in the Industrial, Administration and Research Zoning District Per Planning Commission Recommendation; I-R Zoning District; Applicant: Deborah Bellingham; Negative Declaration (Plans & Public Works - 201-12) Action: Held Public Hearing; passed Ordinance amending City Code to print and adopted Resolution No. 14-153 C.S. certifying the Negative Declaration (4-1; Downey voting no) Principal Planner Cole presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the Public Hearing. Dr. Debbie Bellingham thanked the Council for their consideration, reviewed her credentials, and asked Council for their approval. Daryl Kenyon, property owner in Ryan Ranch said that it is up to the Council to determine how Ryan Ranch evolves and he does not think this change is consistent with the evolution of Ryan Ranch, noting that there is a small vet next to his business and noise is an issue. Roberta Brainard-Whitlakes, a neighbor on Route 68, voiced concerns that an animal boarding facility will create noise issues for nearby residents. She asked that Garden Road have a plan created. Having no further requests to speak, Mayor Della Sala closed the hearing. Councilmember Downey expressed concern that if a facility for dogs were allowed, it could create a noise problem for the neighbors. On question, Ms. Cole said that this ordinance would permit small animal boarding, but the Planning Commission has the opportunity to review each application for a use permit and would address noise and access issues. Councilmember Haffa suggested that Council might add specific noise restrictions. Councilmember Sollecito said that he cannot think of another location within the City that would be better for this type of facility. Ms. Cole clarified that the proposed application is only for felines. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa to pass an Ordinance to print to amend Monterey City Code Chapter 38, Article 8, Section 38-40.B to include animal sales & services: animal boarding, animal grooming, animal hospitals - as conditionally permitted uses in the Industrial, Administration and Research Zoning District per the Planning Commission recommendation; to adopt Resolution No. 14-153 C.S. certifying the Negative Declaration; and to direct the Planning Commission to give careful attention and consideration to the sound attenuation issue when considering applications. On question, City Attorney Davi said that the current application has been presented for felines only. She said that excluding dogs would require a change in definition. 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 ***Adjourn to Closed Session*** Mayor Della Sala opened public comments on the closed session items. Sam Rashkin said that he supports the Monterey Beach House extension. He said that small businesses like Mohr 5 City Council Minutes Tuesday, August 19, 2014 Motors do not have the ability to conduct an appraisal and hire an inspector, and that puts them at a disadvantage. He said that they can't know how much to spend on tenant improvements without knowing the recommended lease amount and terms. He asked Council to communicate known items as soon as possible. Adam Mohr, Mohr Motors, requested a ten-year lease renewal for their building on Del Monte Avenue so they can make improvements to that building. Having no further requests to speak, Mayor Della Sala closed public comment and adjourned the meeting to closed session at 5:23 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: In a conference with legal counsel regarding existing litigation, Adams vs. City of Monterey (Workers' Compensation Appeals Board), the City Council gave confidential direction to their negotiators on a unanimous roll call vote. Councilmember Selfridge recused herself and left the Chamber due to a disqualification while Council received a report on Item 3-B, anticipated litigation due to significant exposure to litigation regarding an AT&T Use Permit Claim (1340 Munras Ave.). WATER UPDATE Mayor Della Sala noted that Executive Director Cullem is out of town, so there would be no update tonight. He opened public comments on the item. Dan Turner, Monterey resident, voiced concerns regarding a special request included in CalAm's current rate increase. He said that they have requested a memorandum account where they would be allowed to track expenses for fines and penalties so they can pass those expenses on to customers. Mr. Turner asked the Council to join him in filing a protest. With no further requests to speak, Mayor Della Sala closed public comments. Councilmember Sollecito said that years ago when it was realized that the Carmel River system was being damaged by over-pumping, the government and people nonchalantly did not replace the lost water. He noted that by replacing gardens and lawns with rubber, rocks and wood chips, another eco-system is being destroyed. He said that water is not a luxury, it is a staple of life, and more of it needs to be produced. He said that the desal plant needs to be built. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments. Timothy Barrett referenced a recently approved City contract with Infor and TruPoint Solutions. He said that the City's website and information access is excellent. He voiced concerns that these contractors are located in San Francisco, and he asked Council to look at local IT providers to award these types of contracts to local businesses. Willard McCrone said that the Lower Presidio Historic Park is beautiful, and the City has leased the property for many years, but there are currently no signs there. He asked that the City study the Lower Presidio Historic Park Plan and find ways to fund benches, trails, and markers to complete portions of the plan. Charles Jack, Monterey resident, said that he read an article regarding Pueblo Water rights with regard to the Salinas River. He asked CalAm to report what percentage of their commercial customers fall into Divisions 3 and 4 of the rates and how that determination is made. Melody Chrislock congratulated Councilmember Sollecito for his views championing residential gardens. She reviewed the costs of a residential water bill for 17,054 gallons compared to what 6 City Council Minutes Tuesday, August 19, 2014 a commercial user would pay, saying that it represents a serious inequity. Luis Osorio referenced Western City magazine regarding massage parlors. He said that Monterey amended their zoning Ordinance with regard to this and there are a number of these businesses located throughout Monterey. He said some of the employees live at the businesses. He noted that the State bill has come up for reauthorization and he suggested that the City look at it. Having no further requests to speak, Mayor Della Sala closed public comment. PRESENTATIONS 11. Presentation by Cal-Am (City Manager - 101-03) Action: Received and discussed presentation Rob MacLean, President of CalAm, introduced the item. He introduced Shirene Chu, who is in charge of rate proceedings and rate design for CalAm. Ms. Chu gave a presentation reviewing the regulatory process and explaining CalAm’s rate design. Councilmember Sollecito expressed frustration with the lack of a new water supply and suggested that the largest desal plant possible should be built. Mayor Della Sala said that it is important to right-size the plant so there is not unused capacity. He noted that when more water is needed the desal plant’s capacity could be increased. Councilmember Downey said that there is no incentive for commercial customers to reduce their water use due to them paying a fixed rate. She voiced concerns regarding the age of the infrastructure and the resulting leakage problems. Mr. MacLean said that there has not been significant lapsing of conservation efforts since the new rate structure went into effect. He explained that water systems are designed to fight fires and that capacity is paid through taxes one way or another. On question, he explained that testing that has been done to locate the leak in Carmel, CalAm does not believe it is theirs, but that has not been ruled out. Councilmember Haffa said that going forward, it is very important to bring the residential customers into the rate setting process. Ms. Chu explained that the PUC has a process to include ratepayers and Mr. MacLean said that MPWMD was very involved in the process, as well as Mr. Weitzman and Mr. Riley. On question, Mr. MacLean said that CalAm is in the process of determining whether GWR would be more cost effective than a larger desal plant. Councilmember Selfridge asked for confirmation whether CalAm has requested to have customers pay the potential fines, and Mr. MacLean said that he is not aware of that filing, but will look into it. On question, Mr. MacLean said that soil composition determines the potential best location for slant wells, and he hopes to install a test slant well at the Cemex site. He said that everything seen so far is indicating that things are moving in the right direction. On further question, he explained the concept of the slant well is to reach as far as possible into the Ocean to avoid taking fresh water from the Salinas Basin. Mayor Della Sala opened public comment on the item. Ron Weitzman thanked Council for having a session on water and suggested that Monterey should take charge of the issue and let the laws of supply and demand work. He said that Monterey rate payers are paying 53% of the costs. Nelson Vega thanked CalAm for the presentation. He said that the rates are set by the state. He said that commercial users are the ones who provide customers to pay for the 7 City Council Minutes Tuesday, August 19, 2014 City's infrastructure and programs. He said that if there was a need to subsidize residential customers, some group of people would have to be taxed. He agreed that a bigger desal plant is needed by at least 20%. Timothy Barrett said that he understands the community's frustration about the rate structure because it is so complicated. He suggested that it might not need to be complicated. He said that it is not fair and it should be fair and transparent. Sharon Dwight, Monterey resident, recollected about the drought in the 1970s, saying that conservation was born out of that. She said that the tiers are way out of whack which causes rates to go up even with extreme conservation. Dan Turner, Monterey resident, said that CalAm is a high profit business and if profit were removed, rates would go down. He said that shifting most of the costs to residents is unfair. He asked why the desalinated water costs in Monterey are projected to be so much higher than other areas. Melody Chrislock asked what the rate is for division 1 commercial users. She said that she pays more now for less water. Gene Barnes, retired professor of physics, said that he suspects that the desal plan will run at capacity from its start up, and he agreed with a previous speaker that it should be built as large as possible. Clyde Hutchison, Carmel Valley resident, said that the residential rates are outrageous and it makes no sense to subsidize commercial use. He said that the length of the billing cycle affects whether one falls into a higher tier because the number of days varies. He voiced concerns regarding slant wells. Dan Presser said that GWR cannot be purified sufficiently to remove the impurities. Ms. Downey said the public health department has to OK the water quality. A Navy Veteran asked why the consumption is affecting residential users more than commercial users. He asked how much of the drop in the number of tier 5 users resulted from commercial users who were removed due to the rate structure changes. George Riley, Public Water Now, said that it is a question of fairness, and the current structure is not fair. John Narigi, Coalition of Peninsula Businesses, said that the coalition was formed by a group of volunteers who have full time jobs because the commercial tiered rates were grossly unfair. He said they worked with CalAm, and CalAm always represented residential customers. He said that the Plaza spent $300,000 on conservation improvements, which did not cut his costs. He said that his water bills have increased hundreds of thousands, and that cannot be passed on to customers. He said that conservation is important. Lynn Negubian, volunteer for Public Water Now, said that some time in the future, the Monterey Peninsula will have a public water utility. Mayor Della Sala gave Mr. MacLean the opportunity to answer any questions. Mr. MacLean thanked the Council and said he would be willing to come to a workshop to discuss these issues. He urged people to get involved the next time rates are being considered. He clarified that there are no subsidies between residential and commercial businesses. Mayor Della Sala closed public comments. Mayor Della Sala called a recess at 9:06 p.m., then reconvened the meeting at 9:16 p.m. PUBLIC HEARING 12. Consider Appeal 14-252 of 230 Lighthouse Avenue - Planning Commission Decision that Approved Preliminary and Final Design Review; Appellant New Monterey Neighborhood Association; Owner Carl Outzen; C-2 Zoning District; Finding of No Further Review for CEQA (Plans & Public Works - 203-02) Action: Amended and adopted Resolution 14-154 C.S., denying the appeal 8 City Council Minutes Tuesday, August 19, 2014 Chief of Planning Rerig introduced the item, reviewing the items that Council will consider and decide during tonight's hearing. Principal Planner Cole presented the details of the appeal and recommended upholding the Planning Commission decision and denying the appeal. Mayor Della Sala opened the floor to the appellant. Sharon Dwight, President of the New Monterey Neighborhood Association, said that the architectural review as not completed. She said this is the largest building ever proposed on Lighthouse, the applicant did not work with the ARC, and the Planning Commission did not look at the design issues. Mayor Della Sala opened the floor to the applicant. Henry Ruhnke, architect, reviewed the process and public hearings that this project has gone through over the past year. He explained that the issue at the last ARC meeting was that they wanted story poles erected and a set back from the side of Carbone's, so the applicant requested denial so it could be taken to the Planning Commission. He confirmed that they could add landscaping elements to the side of Building B. Carl Outzen, applicant, explained that the initial joint Planning and ARC meeting went well, but there were irregularities in the process after that point. Mayor Della Sala opened the floor to the general public. Nancy Runyon, New Monterey resident, said that the third story set back should be increased. She asked Council to send the project back to the ARC. Brendan Macalary, member of the New Monterey Neighborhood Association, said that the City Code details the required findings for ARC to approve a project, one of which is the view impact and that has never been done. Rick Johnson, Administrator of the New Monterey Business Association, said that his Board of Directors is in full support of this project. He said that while he likes this project, there will never be a project that everyone will like. He said that this project has been fully vetted, and he urged Council to move it forward. Nelson Vega spoke in support of the project, saying that the architect does beautiful work. He said housing is a critical part, and allowing three stories is necessary. Marilyn Barry said that she lives across the street and that Council must decide what they want Lighthouse to look like. She voiced concerns regarding potential traffic impacts. She said that she is neutral with respect to this project. Terry Latassa, Chair of the ARC, said that the ARC was not opposed, but was only looking for a reduction of the third floor. He said that the direction from Council was to reduce the third story. He said that this building deserves scrutiny and the story pole issue did a disservice to the neighborhood. Bill McCrone, Chairman of the Planning Commission, reviewed the basis for the applicant's appeal to the Planning Commission, saying that there were findings that the Planning Commission left as is, and some with which they disagreed. Timothy Barrett said that he embraces mixed use development and agrees that this is a very important project and deserves a close scrutiny. He said the lack of staking is an issue. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Councilmember Sollecito said that the system has been a problem for this particular project. He said that sometimes there is not unanimity on a project, but this one has been thoroughly scrutinized. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to adopt Resolution No. 14-154 C.S. denying the appeal 14-252 of 230 Lighthouse Avenue - Planning Commission decision that approved preliminary and final design review; with a finding 9 City Council Minutes Tuesday, August 19, 2014 of no further review for CEQA. Councilmember Haffa said that he supported this plan from the beginning. He said he would like to add two conditions in order to support the motion: one for trellising on Building B and moving back the overhang above the street. He said that he believes the Planning Commission erred by questioning the ARC's authority, but agrees with the Planning Commission's findings. Mayor Della Sala asked to amend the motion to have a trellis added to the side of Building B. The motion maker and seconder agreed to the friendly 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 CITY MANAGER REPORTS City Manager McCarthy reminded Councilmembers that a study session is scheduled for next Wednesday at 4:00 p.m. where the Holman Highway roundabout design will be discussed. He introduced Bill Michael, Monterey's new Library Director. ADJOURNMENT At 10:49 p.m. Mayor Della Sala adjourned the meeting and continued closed session items cs2 and cs3 to Tuesday, August 26, 2014 at 4:00 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 10

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 19, 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). CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. August 5, 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. 2. Second Reading of Ordinance 3504 C.S. Enacting a Special Transactions and Use Tax to be Administered by the State Board of Equalization, Subject to Adoption by the Electorate (Finance - 407-01) 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." 3. Authorize the Purchase of a Portland Loo for the Downtown Additional Restroom Project ***CIP*** (Plans & Public Works - 405-03) Tuesday, August 19, 2014 4. Authorize Agreement with the Monterey County Convention & Visitors Bureau (MCCVB) for Destination Marketing Services and Operation of the Visitor Center (Recreation & Community Services - 307-03) 5. Adopt the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management Plan (IRWMP) Update (Plans & Public Works - 706-04) 6. Adopt Resolution to Implement Changes to Hourly Wages for Regular Part-time (RPT) Employees Effective September 1, 2014 (Human Resources - 701-13) 7. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with Real Property Negotiators Hans Uslar, Dino Pick, Chip Rerig, Rick Marvin, Janna Aldrete and Will Sterling to Provide Lease Negotiation Direction for Lease at 285 Figueroa Avenue (Monterey Beach Party, Inc.) (Plans & Public Works - 704-10) 8. Authorize Acquisition and Award Contracts for Service to Infor Public Sector, Inc and TruePoint Solutions to Upgrade the Plans & Public Works Hansen Asset Management Software (Information Resources - 105-03) 9. 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 (Continued from August 5, 2014 Council Meeting) (Plans & Public Works - 701-13) ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 10. 1st Reading to Amend Monterey City Code Chapter 38, Article 8, Section 38-40.B to Include Animal Sales & Services: Animal Boarding, Animal Grooming, Animal Hospitals - as Conditionally Permitted Uses in the Industrial, Administration and Research Zoning District Per Planning Commission Recommendation; I-R Zoning District; Applicant: Deborah Bellingham; Negative Declaration (Plans & Public Works - 201-12) ***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. 2 Tuesday, August 19, 2014 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 11. Presentation by Cal-Am (City Manager - 101-03) PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 12. Consider Appeal 14-252 of 230 Lighthouse Avenue - Planning Commission Decision that Approved Preliminary and Final Design Review; Appellant New Monterey Neighborhood Association; Owner Carl Outzen; C-2 Zoning District; Finding of No Further Review for CEQA (Plans & Public Works - 203-02) 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. 3 Tuesday, August 19, 2014 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]. UPCOMING MEETINGS AT CITY HALL 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 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 2 Council Regular Meeting, Council Chamber - 4:00 PM Sep 3 Architectural Review Committee Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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