Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 16, 2014 4:00 - 6:00 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, Fire Chief, Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Haffa reported that he and City Manager McCarthy met with the regional homeless committee to hear proposals and allocate grants to area non-profits: He said that awards went to One Starfish, I-Help, The Gathering Place, Good Samaritan Center, Friends of Homeless Women, and the Fund for Homeless Service Providers to help fund their biennial census. He said that micro housing was briefly discussed, and the balance of the funding was set aside for contingencies. Councilmember Downey congratulated Principal Planner Caraker for obtaining a $6.5 million grant for Monterey. She reported that Finance Director Forbis met with hospitality and community people to explain the commercial water rates compared to residential rates. She reported on a luncheon she and Councilmember Selfridge attended with the Friends of Homeless Women, and she urged people to attend an upcoming brunch fundraiser. She said that she has heard that the Planning Commission may be hearing some appeals of ARC decisions and asked to receive a statistical report regarding the number of ARC items that have been appealed in the last five years. Ms. Downey encouraged attendance at the Lighthouse Landuse Plan meetings. She said that she has received calls regarding the intersection at Munras & Eldorado, and asked to refer an item to staff to review the safety of that five-way intersection. Councilmember Selfridge encouraged people to attend the November 16 brunch sponsored by the Friends of Homeless Women. She congratulated the New Monterey Business Association for the movie they recently hosted, and she said that the last one scheduled this year will be "Pirates of the Caribbean." Ms. Selfridge congratulated Monterey County Reads for their work with area students on reading skills. 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:  City Council Minutes Tuesday, September 16, 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 Approval of Minutes 1. August 27, 2014 (Information Resources - 701-09) Action: Approved 2. September 2, 2014 (Information Resources - 701-09) Action: Approved Resolutions 3. Certify Mitigated Negative Declaration and Accept Coastal Development Permit (CDP) Conditions of Approval for the City of Monterey Causeway Shoreline Embankment Erosion Control Project (Plans & Public Works - 807-02) Action: Adopted Resolution No. 14-159 C.S. and Resolution No. 14-160 C.S. 4. Approve Amendment of Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination at 951 Del Monte Avenue to include Phase II Scope of Work at Assessor Parcel Numbers (APN) 001-801-002, APN 001-801-005, APN 001-801-006, and APN 001-801-016 (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-161 C.S. 5. Authorize the Application for Grant Funds from the California Habitat Conservation Fund Program for Trails Restoration Project at Laguna Grande Park and, if Awarded, Authorize the City Manager to Enter into a Contract with the California Department of Parks and Recreation (Finance - 409-02) Action: Adopted Resolution No. 14-162 C.S. 6. Award On-Call Civil Engineering Services 2014-2016 Professional Services Agreements ***CIP/NIP/PMSA*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-163 C.S., Resolution No. 14-164 C.S., and Resolution No. 14-165 C.S. 7. Approve Revision to CIP Project Description; Authorize Appropriation of Wharf 1 Sprinkler System Funds; and Reject All Bids and Direct Staff to Enter into Open Market Negotiations for the Wharf 1 Utility Pipe Hangers Project (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-166 C.S. 8. Amend Resolution 14-132 to Add DUI Cost Recovery for Fire Department Emergency Services Response to DUI Incidents (Fire - 407-06) Action: Adopted Resolution No. 14-167 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Michele Newbert, Pebble Beach resident, voiced concerns regarding the ownership of Pebble Beach Company and the lack of public services. She protested the removal of trees, said that the area 2  City Council Minutes Tuesday, September 16, 2014 is a monopoly, and suggested dividing Pebble Beach among adjacent cities. Renee Leonard voiced concerns regarding activities in the Transit Plaza, such as young people drinking alcohol. She said that the bird mess in the area is disgusting. June Stein voiced concerns regarding the drug addicts and alcoholics at the Transit Center. She thanked the Police and Fire for working on the issue, and asked that people be arrested rather than cited. She reviewed the costs of transporting people to CHOMP and detoxing individuals. She opposed CHOMP closing their blood bank and suggested opening three detox centers for area cities. Don Williams voiced concerns regarding four-wheeled bicycles causing congestion and safety issues on the Recreation Trail. He asked what is contained in nearby fuel tanks. He stated concerns regarding the speed of Segways and mopeds. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 9. Receive a Report and Provide Direction to Select MidPen Housing as Developer to Enter into an Exclusive Negotiating Agreement for Development of Van Buren Street Senior Housing Project (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-168 C.S. (3-2; Downey, Selfridge voting no) Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor to the applicant. Betsy Wilson, Development Director with MidPen Housing, reviewed her company's history, ties to the community, core expertise and experience with senior affordable housing. She gave an overview of their projects in Monterey County and on the Central Coast and presented details of their proposal for the Van Buren property, along with who it will serve. She presented a proposed schedule of milestones for pre-development critical path items. Mayor Della Sala opened the floor to the general public. Nelson Vega said that this project allocates over $7 million to a few individuals, and he believes there are better ways to spend taxpayer money. He suggested buying existing units and considering selling the Van Buren property and putting it back on the tax rolls. Renee Franken, Monterey resident, said that her entire career was in affordable housing and she has seen hundreds or thousands of projects. She ranked MidPen as one of the top five non-profit housing developers in the state. She said that the development process is really long, and it is important to move forward on this initial and important step. Having no further requests to speak, Mayor Della Sala closed public comments. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa, to adopt Resolution No. 14-168 C.S. and select MidPen Housing as developer to enter into an Exclusive Negotiating Agreement for development of Van Buren Street Senior Housing Project. Councilmembers discussed the ramifications of moving forward with negotiations at this time and the possibility of a new Council deciding to use the property for an entirely different purpose. Councilmember Haffa reminded Council that affordable housing is one of the top priorities identified in a survey of residents. Councilmember Selfridge expressed concerns that the cost for the proposed units is too high and purchasing something already built would make more sense. Mayor Della Sala agreed that affordable housing is a top priority for residents, and the 3  City Council Minutes Tuesday, September 16, 2014 City's current reserve of $1.3 million would have to be forfeited if this project does not move forward. Councilmember Downey said that this action is short sighted and she is disappointed. On question, Finance Director Forbis clarified that the $1.3 million has been placed in escrow from the General Fund and would have to be refunded to HUD if this project does not move forward. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Consider Moving the Council Comments Section of the Agenda to the Evening Session (Information Resources - 701-15) Action: Directed staff to move Council Comments to the evening session, immediately following the Public Comments Section. (4-1; Della Sala voting no) Information Resources Director/City Clerk Gawf introduced the item. Mayor Della Sala opened public comment on the item, had no requests to speak, and closed public comments. Councilmember Downey said that she believes having the Council comments early during the evening session rather than late at night provides better information to the public. Mayor Della Sala said that Councilmembers are elected to serve the public first. He said that he prefers to do the public's business first because Council wants feedback on those agenda items, but Council Comments are designed to only provide information without public comments. He suggested that people who want to hear the comments can watch the rebroadcast of the meeting the following day if the Council's comments are given late at night. Councilmember Selfridge said that some announcements are time sensitive and about things that are coming up, so it's important to have them heard early in the meeting. She suggested placing them immediately following the Public Comments section. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to move the Council Comments section of the Agenda to the beginning--first or second item--of the evening session. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None WATER UPDATE Executive Director Cullem reported that SB 936 is awaiting the Governor's signature. He said the MRWPCA and the Water Management District have reached tentative agreement with the Salinas Valley Agricultural interests on source water for the GWR project. He reviewed the delays that have arisen for the draft EIR at the CPUC and delay of the test well at the CEMEX site. 4 City Council Minutes Tuesday, September 16, 2014 Mr. Cullem reported that the MRWPCA has asked for an 11 month extension in its schedule to allow the DEIRs to remain coordinated. He said that the parties to the CPUC Settlement Agreements are working together to petition the State Water Resources Control Board for a 2- year time extension from the current CDO deadline. He reported on the Value Engineering study of the desal design, saying that the report is on the Water Authority's website. Finally, Mr. Cullem said that he would appear before the Board of Supervisors to support the County's $153,000 fair-share contribution for FY 2014-15 and to justify the request for a FY 2013-14 fair share. Mayor Della Sala opened public comments on the item, no one came forward, and he closed public comments. CITY MANAGER REPORTS City Manager McCarthy reported that Monterey has sent an engine and four firefighters to assist with the King Fire in Eldorado County. He reminded Council of their Study Session scheduled for September 24th, where the formation of a Budget Committee will be discussed, along with a potential to develop a two-year budget. He said that the Monterey Firefighters Association and Old Monterey Business Association will host a free showing of "Rio II" on Colton Hall lawn on September 27. He said there is a coastal clean-up planned for this Saturday, and volunteers will be picking up trash on area beaches. ADJOURNMENT Mayor Della Sala adjourned the meeting to closed session at 6:22 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that Council received a report from the City Attorney in a conference with legal counsel regarding potential litigation of one case. There was no action taken. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 5