Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 21, 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, Housing & Property Manager, Police Sergeant, Communications and Outreach Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS 1. Request to Agendize Discussion of Council’s Labor Negotiator for Executive Management Employee Association (Downey - 701-01) Action: Agendized Councilmember Downey said that she would like to have the salary survey go forward as planned, but she would like to agendize an item to review the Council's current negotiator for the MEMEA contract. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council agendized a discussion of Council’s labor negotiator for the Monterey Executive Management Employee Association: 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 CONSENT ITEMS City Manager McCarthy requested removing Items 7 and 8 and tabling them. He said staff would like to withdraw Items 13 and 17. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled Items 7 and 8: 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 Council Minutes Tuesday, October 21, 2014 On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council accepted staff's withdrawal of Items 13 and 17: 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 With regard to Item 15, it was moved by Councilmember Selfridge, and seconded by Councilmember Haffa, to agendize the formation of an oversight committee for the Conference Center expansion budget. After further discussion, Ms. Selfridge withdrew her motion. 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 7, 8, 13, and 17: 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. October 7, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award Replace Floor Covering for Building 631 & 635 at the Presidio of Monterey ****PMSA**** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 14-180 C.S. Ordinances 4. 1st Reading - Amend Chapter 28 of the Monterey City Code to Add Prevailing Wage Requirements in Conformance with SB 7 (City Attorney - 807-01) Action: Passed to print 5. 1st Reading - Adopt Article 5, Sections 19-105 through 19-121 of Chapter 19 Relating to the Licensing of Tobacco Retailers (City Manager - 701-11) Action: Passed to print 6. 2nd Reading - Amend City Code Section 31-3(D) to Prohibit Private Party Temporary Ground- Mounted Signs at Don Dahvee Park, Window on the Bay, El Estero Park, and the Colton Hall Complex; Adopt Time, Place, and Manner Restrictions for Hand Held and Personally Attended Signs on City Property in Traditional Public Forum Locations and for Private Party Temporary Ground-Mounted Signs; Add Section 31-3(F) to Include a Message Substitution Clause; Add Section 31-3(G) to Address Banners Placed by the City on City Property; and Amend City Code Section 31-7 to Authorize a Sign Encroachment Permit; and Delete Reference to Multitenant Sign Program From Sign Abatement Section (City Attorney - 701-11) Action: Adopted Ordinance No. 3506 2  City Council Minutes Tuesday, October 21, 2014 Resolutions 7. Authorize the Mayor to Execute an Amendment to the Lease with Monterey Beach Party, Inc. for Property Located at 285 Figueroa Street (Plans & Public Works - 704-10) Action: Tabled 8. Authorize the Mayor to Execute a New Lease with Surfside Enterprises, Inc. for the Marina Facilities Building Located at 256 Figueroa Street (Plans & Public Works - 206-03) Action: Tabled 9. Authorize the City Manager to Enter into a Contract of Acquisition to Purchase an Easement for Sewer Purposes over portion of the Land at 824 Belden Street and for the Mayor to Sign the Certificate Accepting the Easement (Plans & Public Works - 704-02) Action: Adopted Resolution No. 14-181 C.S. 10. Authorize Acceptance of Former Redevelopment Agency Properties to be Transferred from the Successor Agency to the City Of Monterey Pursuant to Health and Safety Code Section 34181(a); Properties are 717 and 731 Del Monte Avenue (APN 001801011 and 001801010000) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-182 C.S. 11. Authorize the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for the Presidio of Monterey Base Operations and Maintenance Contract ***PMSA*** (Plans & Public Works - 903-06) Action: Adopted Resolution No. 14-183 C.S. 12. Consider 414 Calle Principal (14-257) and 654 Cannery Row (14-258) Outdoor Seating – Planning Commission Recommendation; Exempt from CEQA Requirements (Plans & Public Works - 202-02) Action: Adopted Resolution No. 14-184 C.S. and Resolution No. 14-185 C.S. 13. Authorize the Appropriation of NIP Contingency for the Skateboard Park Renovation Project and Provide Direction to Reject all Bids OR Authorize Additional Funding and Award a Construction Contract for the Skateboard Park Renovation and Dennis the Menace Park Walkway/Access Improvements Phase II and DTM Park North Side Path ADA Upgrade Projects ***NIP*** (Plans & Public Works - 701-13) Action: Withdrawn. 14. Authorize Payment of $159.00 from the General Fund, Planning & Engineering Department to pay for the Temporary Encroachment Permit for the Bay View Academy (Plans & Public Works - 104-06) Action: Adopted Resolution No. 14-186 C.S. 15. Amend Resolution 14-047 C.S. to Increase Loan from the Parking Fund in the Amount of $1,200,000, Authorize Loan from the Economic Uncertainty Fund of $1,900,000, and Award Professional Services Agreement to Skidmore, Owings, and Merrill, LLP, for Architectural and Engineering Design Services for the Monterey Conference Center Renovation Project (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-187 C.S. and Resolution No. 14-188 C.S. 3  City Council Minutes Tuesday, October 21, 2014 16. Establish a New Capital Improvement Program (CIP) Project Entitled “Monterey Sports Center Swimming Pool Cleaning,” Authorize Reallocation of Funds from Completed CIP Projects, Appropriate Additional Funds from the Sports Center Operating Budget, and Award a Services Contract to Scuba Pool Repair (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-189 C.S. 17. Authorize Acceptance of Building Improvements at 256 Figueroa Street to be Transferred from Surfside Enterprises, Inc to the City of Monterey Pursuant to October 24, 1988 Amendment to Lease Marina Facility Building Condition No. 23 (Plans & Public Works - 206-03) Action: Withdrawn 18. Authorize Modification to Consent to Assignment Conditions of Approval for 101 Fisherman's Wharf, Wharf No. 1, Concession #15 (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-190 C.S. 19. Authorize Consent to Sublease Agreement for Wharf No. I, Concession #33 (Gilbert’s Red Snapper Restaurant at 30 Fisherman’s Wharf) between Gloria Brown and Mary Alice Cerrito Fettis as Sublessor and Chris Shake and Sabu Shake Jr. as Sublessee (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-191 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Dan Presser reminded everyone that there would be a golf tournament on November 8th at the Black Horse course to raise money for the Veterans Cemetery. He invited people to register and to join the veterans for a barbeque afterward. David Pallachi, owner of Monterey Beach Party, said that the leasing process for his building began in February, and his company has done a lot for the community and invested $300,000 in the building. He said that they are satisfied with the negotiated lease and would like to see it approved. Tammy Blunt, President of MCCVB and Monterey resident, said that they have completed a study of the impact of Car Week this year, and a report will be released tomorrow. She reviewed the statistics regarding the positive economic impacts. Janine Chicourrat, CEO of Portola Plaza, spoke in support of Measure P, noting that 50 percent of the tax would be paid by visitors. Tom Rowley noted that Monterey Peninsula Taxpayer Association supports Measure P. He expressed thanks for Mayor Della Sala, especially his work on the Monterey Peninsula Regional Water Authority. He said that there is still a desperate need for contributions to this group to get a water solution on line. He said that without the Mayor's leadership he does not believe the Water Authority would be as successful. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala opened public comments on the four closed session items, noting that Item CS 3 is being withdrawn. No one came forward, and he closed the floor. Council adjourned to Closed Session at 4:20 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that a public employee performance evaluation for the City Attorney was conducted, and the Council received and discussed a report, with no action was taken. She said that a scheduled conference with labor negotiators 4  City Council Minutes Tuesday, October 21, 2014 for the employee organizations: Monterey Fire Fighters’ Association (MFFA) and Monterey Fire Chief Officers’ Association (MFCOA) was tabled. Ms. Gawf reported that a conference with legal counsel regarding existing litigation in the case of Shaumbe Wright v. City of Monterey was withdrawn by staff without discussion. She said that Council received and discussed a report in a conference with legal counsel to decide whether to initiate litigation in one case and took no formal action. WATER UPDATE 20. Receive a Report on Monterey Peninsula Regional Water Authority Funding (Continued from September 2, 2014 Council Meeting) (City Manager - 704-03) Action: Received and discussed report Executive Director Cullem reported to the City Council regarding the latest information on public funding for the proposed water supply projects, including bond funding for the MPWSP and for ground water replenishment. He presented the Council with the Monterey Peninsula Regional Water Authority's Profit and Loss Budget for discussion. Mayor Della Sala opened the floor for public comments on the item. Esther Malkin said that there were a number of unanswered questions at the recent public meeting with CalAm, and she asked about the plan for follow-up. She said that there was a lot of information given at the meeting, but she did not feel it resolved anything. Having no further requests to speak, Mayor Della Sala closed public comments on the item. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Cat Benson said that CalAm will not meet the deadline for the Cease and Desist Order, and CalAm has asked to pass the fines along to the ratepayers. She said that Public Water Now protests this action and CalAm needs to accept the responsibility for the failure. She asked Council to register a protest. Dan Turner, Monterey resident, said that employees of the Monterey Plaza Hotel were asked to write letters to the Marina City Council meeting in favor of approving CalAm's proposed slant test wells. He asked Council to censure whoever is responsible. Nelson Vega thanked the Council for tabling the leases this afternoon and recommended that Council redouble their efforts to pass a leasing policy. He recommended that the Council authorize the leasee to replace the roof at the Monterey Beach House and reimburse the tenant. He said that additional information is needed when the leases come forward for approval in open session. He said that with regard to taxes, everybody should have skin in the game. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 21. Consider Options and Provide Direction on Enhancing Safety Downtown (Police - 607-09) Action: Approved moving forward with the intern program and direct the City Manager to grant money to OMBA to be used for the Downtown revitalization program for a six month period in the amount of $36,288 Police Chief Penko presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Rick Johnson, Executive Director of OMBA, urged Council to approve Option 4, "long term security," in the staff report because it is working. He said that other options could also be used in conjunction with Option 4. Mike 5 City Council Minutes Tuesday, October 21, 2014 Becker, Vice President and Property Manager of Cannery Row Company, said that the number one thing is having a safe community. He said that Uretsky Security does a good job at security as well as public relations and acts as ambassadors. Esther Malkin, Laguna Grande neighborhood resident, said that when areas such as the Downtown are made safer, it causes problems at Laguna Park. She asked what happens to non-business areas and why the Downtown does not pay for their own security. Ed Smith, Monterey resident and retired law enforcement, said that the security augmentation downtown will help in the short term. He said that the long term perspective is to get on the fast track for police officer recruitment. Timothy Barrett said that the City Council considered this matter before, and the Council decided that hiring private security was a bad idea, and it is still a bad idea. He said that business owners can hire private security. He favored starting the intern program. Having no further requests to speak, Mayor Della Sala closed public comments on the item. It was moved by Councilmember Downey, and seconded by Mayor Della Sala, to approve the security officer option (Option 4). Mayor Della Sala suggested hiring security officers for the short term, perhaps six months, and moving forward with the intern program for a longer term solution. Councilmember Sollecito clarified that he wants to begin to start up the intern program immediately, and to keep the security guards to cover while it is starting up. Councilmember Haffa said that he cannot support the motion, but could have supported going out to find police interns or community services officers. He said that he is not sure that being short on police officers is not a short term problem. He said that there are problems with having a private company represent the City in a delicate responsibility. He said that the real problems are mental health issues and poverty, and this does not solve those problems. Councilmember Sollecito said that Monterey is a safe City. City Manager McCarthy suggested going forward by hiring one Police Intern and one Community Services Officer. He recommended keeping the security company employed until those positions are filled. Councilmember Sollecito suggested that OMBA could pay the security company to limit the City's liability. Councilmember Selfridge said that there are numerous mental issues that we need to look at. She supported the intern program and would like to see at least two interns. A substitute motion was offered by Councilmember Sollecito, and seconded by Councilmember Haffa, to approve moving forward with the intern program and direct the City Manager to grant money to OMBA to be used for the Downtown revitalization program for a six month period in the amount of $36,288. Councilmember Haffa said that Council needs to be cognizant of the mental health issues with regard how those are handled. He said that he does not know that the services in the area are meeting the need. City Manager McCarthy noted that the downtown office will help. The Substitute 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 6 City Council Minutes Tuesday, October 21, 2014 RECUSED: 0 COUNCILMEMBERS: None CONTINUED COUNCIL COMMENTS Councilmember Selfridge reported on her attendance as Monterey’s representative at a meeting in San Diego with the Cultural Minister of Azerbaijan to discuss an upcoming Spring Festival. On Ms. Selfridge’s request, Deputy City Manager Pick announced that Monterey has been awarded the Language Capital of the World trademark. Councilmember Downey proposed having a discussion regarding the Water Authority. She asked if mopeds and Segways are allowed on the Recreation Trail, and Chief Penko said that Segways are, but not mopeds. Ms. Downey requested that the Mayor adjourn the meeting in memory of the City Manager's Father in Law, who recently passed away. Councilmember Haffa said that he would like to agendize the concept of a medical marijuana dispensary, and Councilmember Downey said that she hopes the information that Council requested will be available before it is agendized. Mayor Della Sala said that he and the Vice Mayor have agreed to put the matter on the November 18th agenda. Councilmember Sollecito said that the increase in homeless population is beyond the Council’s control, but it is important that people not stand on a median in the middle of the road collecting money because it is a safety issue. He asked the Police Chief to remind his patrol officers. CITY MANAGER REPORTS City Manager McCarthy reported that there is a lot of building activity starting up in Monterey. He reminded Council of an upcoming study session on October 29th, and announced that the Giants won the first game of the World Series with a score of 7-1. ADJOURNMENT Mayor Della Sala adjourned the meeting at 8:40 p.m. in memory of City Manager Mike McCarthy's father in law who passed away several days ago. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 7