Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 2, 2014 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmember Downey, Councilmember Haffa, Councilmember Selfridge, Councilmember Sollecito, Mayor Della Sala Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Services Present: Director, Finance Director, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering and Environmental Compliance, Police Chief, Fire Chief, Acting Human Resources Director, Assistant Fire Chief, Managing Principal Planner, Housing/Property Manager, Administrative Analyst, Acting Senior Assistant City Clerk, Administrative Assistant II CALL TO ORDER Mayor Della Sala called the meeting to order at 4:03 p.m. COUNCIL COMMENTS Councilmember Downey spoke about the need for CalTrans to step up and do more about litter. She said that perhaps Clint Eastwood could talk about litter when he speaks at events. She complimented the City of Monterey on being the first in the area to ban plastic bags; one by one, she said, other local cities and the County have followed suit, and now the State is looking at a possible ban. She asked for clarification on animal control services in the City, specifically with regard to coyote sightings. Police Chief Penko said that the department contracts with the Cities of Seaside and Marina for animal control services, the SPCA answers animal calls, and the California Department of Fish and Wildlife can help with wild animal issues. Police Chief Penko suggested calling 911 if a coyote is present. Councilmember Downey said she has received phone calls about unintended consequences of the new parklets on Alvarado Street, and asked if the City could look at making some handicapped parking available, especially near somewhere like Ordway Pharmacy. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Presented Proclamations to Airman First Class Jillian M. Shrader and Petty Officer Demian M. Ford Mayor Della Sala and the City Council recognized Airman First Class Jillian M. Shrader and Petty Officer Demian M. Ford, who each made brief comments and thanked the Council. Ms. Shrader and Mr. Ford received standing ovations from everyone present.  City Council Minutes Tuesday, September 2, 2014 CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda: 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. August 19, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Reject Bids for Pest Control Service Contract for the City of Monterey, Presidio of Monterey, and Ord Military Community***PMSA*** (Plans & Public Works - 903-06) Action: Adopted Resolution No. 14-155 C.S. 4. Award Contract for the Purchase and Delivery of Dock Replacement Components for the Wharf l Guest Dock (Public Facilities - 904-17) Action: Adopted Resolution No. 14-156 C.S. Ordinances 5. 2nd 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 (Plans & Public Works - 201-12) Action: Adopted Ordinance No. 3505 C.S. Resolutions 6. Authorize Purchase of One (1) Bauer Air Compressor, Two (2) Cylinders, One (1) Electronic Monitor Calibration Kit, One (1) Panel Mounted Regulated Remote Outlet, Plus Applicable Taxes, Installation, and Training (Fire - 701-13) Action: Adopted Resolution No. 14-157 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Having no requests to speak, Mayor Della Sala closed public comments. 2  City Council Minutes Tuesday, September 2, 2014 PUBLIC APPEARANCE 7. Authorize City Manager to Apply to Monterey County Emergency Medical Services Agency for the Fire Department to Become an Advanced Life Support Provider (Fire - 604-14) Action: Received report; Adopted Resolution No. 14-158 C.S. Fire Chief Panholzer presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item. Nelson Vega said he approves of the idea and asked if it meant the outside ambulance company would be unnecessary. He asked if there would be increased legal risk to the City as a result of providing these services. He said it is refreshing to see a consolidation of services in order to give a better value to the residents. Ken Hutchinson, President of Monterey Fire Fighters Association, encouraged Council to move forward with the staff recommendation. He said this would be the most significant impact in enhancement of service that the Fire Department could provide to the community. Receiving no further requests to speak, Mayor Della Sala closed public comments. Fire Chief Panholzer said that under state law, the Fire Department cannot take over ambulance services, and that Monterey County will still contract for a county-wide ambulance service. Addressing the question of legal exposure, he said that the current insurance coverage adequately covers the provision of paramedic services. Councilmember Selfridge commented that she was witness to a serious accident on Munras Avenue recently and was very impressed with the response she saw from both the Fire Department and the Police Department. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-158 C.S. authorizing the City Manager to Apply for Monterey County Emergency Medical Services Agency for the Fire Department to Become an Advanced Life Support Provider: 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 opened the floor for comments on the closed session items. David Berkowitz, of Monterey Beach Party, said that the community is sensitive to beach events on holidays, so he and his partner Dave made the business decision never to book events on holidays, and to limit them on holiday weekends. He said that in five years, they have held only three beach events on holiday weekends, and never on the holidays. He said that City-approved events like beach volleyball tournaments have limited their ability to host events at the same time, and asked Council to take into consideration that their building cannot be moved. He asked if there was a way for the City to accommodate two events on the beach at the same time. Nelson Vega said he hopes Council will look favorably upon the Monterey Beach Party proposal. He said that they are good tenants who employ locals and bring people to town. Kimberly Paley, owner of California Vacation Center Reservations, said she has worked with Monterey Beach Party to help their clients secure rooms in the area. She said that the majority 3  City Council Minutes Tuesday, September 2, 2014 of guests take the opportunity to turn their visit into a mini-vacation, thereby increasing TOT and contributing to additional revenue for local restaurants, shops, and the Aquarium. Darryl Kenyon, a Ryan Ranch commercial property owner, spoke regarding the Orosco Development item. He said the proposal isn’t the best use of this property, and that he has met privately with Planning Commissioners who agree with him that a mixed-use development would be a better use for the community. He said he wonders what other beneficial uses this property could be used for, and hoped Council would take that question into consideration. Receiving no further requests to speak, Mayor Della Sala closed public comments. Council adjourned to closed session at 4:49 p.m. Mayor Della Sala reconvened the meeting at 7:01 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting Senior Assistant City Clerk Bonner announced that Council discussed items cs1 and cs4 from the closed session agenda. On item cs1, Council gave unanimous confidential direction to legal counsel. On item cs4, Council gave confidential direction to their property negotiators on a vote of 3-1-1 (Councilmember Downey abstaining, and Councilmember Selfridge voting no). Items cs2 and cs3 were continued to later in the evening. WATER UPDATE 8. Receive a Report on Monterey Peninsula Regional Water Authority Funding (City Manager - 704- 03) Action: Received and discussed report; Continued to October 21, 2014 Council meeting Executive Director Jim Cullen presented a report detailing the cost breakdown and contribution of funds for the Monterey Peninsula Regional Water Authority, and answered Councilmembers’ questions. He showed the City of Monterey’s current contributions towards the MPRWA and how those contributions could be lessened by approximately $50,000 if Monterey County shares in the costs. Councilmember Downey expressed disappointment that the County has contributed only once in four years, and suggested a meeting between two MPRWA members and two County supervisors to discuss the County’s participation. Councilmember Sollecito and Mayor Della Sala agreed. Executive Director Cullem said he believes Supervisor Potter will be sympathetic, and that additional contact with supervisors couldn’t hurt. Mayor Della Sala opened the floor for public comments on items not on the agenda. Having no requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council agreed to continue the subject of Monterey Peninsula Regional Water Authority Funding to the second Council meeting in October: 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 4  City Council Minutes Tuesday, September 2, 2014 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Dan Turner, a Monterey resident, said that the California American Water presentation at the August 19, 2014 Council meeting attempted to show that residents have not been paying their fair share for water while commercial interests were overpaying. He said that Ron Weitzman presented figures showing residents pay much more than their fair share. He said this isn’t just a difference of opinion, and that Cal Am must prove that Mr. Weitzman’s figures are incorrect if they want to maintain credibility in the debate. He said that Public Water Now has good data, and wants the same amount of time that Cal Am was given, so their statistics can be presented. Councilmember Downey said that a water workshop is being planned for October 13, and that after a 30 minute presentation by Cal Am, the rest of the time will be designated for a back-and- forth with the chance for people to ask questions about water issues and get clarification. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 9. Further Discussion and Direction on the City's Regulation of Temporary Signs on City Property (City Attorney - 701-15) Action: Received and discussed report; Recommended on consensus to:  Add Don Dahvee Park to the list of excepted locations for ground-mounted signs  Not limit placement of ground-mounted signs beyond the excepted locations  Continue to prohibit ground-mounted signs in traffic medians and intersections  Set display time period for ground-mounted signs as 45 days before an election and two days after  Set size limitation for ground-mounted signs as 3 sq. ft.  Set time limit for hand-held and personally attended signs as 7 a.m. to 9 p.m., plus an extension of one half-hour after a public meeting  Set the distance between a person and a personally attended sign as 5 ft.  Set size limitation for personally attended signs as: aggregate limit of 6 sq. ft. (2’x3’), maximum size of any one personally attended sign to 32 sq. ft. City Attorney Davi presented the staff report and answered Councilmembers' questions. Council discussed and, on consensus, gave recommendations to legal counsel. Mayor Della Sala opened public comments on the item. Eugene Park, a senior at Monterey High School, asked what would happen if someone left ground-mounted signs up longer than the two day removal timeframe. Mayor Della Sala confirmed that there would be repercussions. With no further requests to speak, Mayor Della Sala closed public comments. CITY MANAGER REPORTS City Manager McCarthy reported that the City of Monterey has received two significant grants: one for over $6,000,000 for the North Fremont area, to be used to improve streets and pedestrian access, and on a multi-modal project; the other, over $3,000,000 to move forward with the traffic roundabout at Highway 68 near the entrance to Pebble Beach. Mayor Della Sala congratulated the Planning and Traffic departments for their hard work obtaining these grants. 5 City Council Minutes Tuesday, September 2, 2014 ADJOURNMENT With no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 7:58 p.m. Respectfully Submitted, Approved, Clementine Bonner Chuck Della Sala Acting Senior Assistant City Clerk Mayor 6