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Council Regular Meeting

Regular Meeting

Monterey, CA · November 4, 2014

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 4, 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 , Housing & Property Manager, Human Resources Analyst CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, 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 1. October 21, 2014 (Information Resources - 701-09) Action: Approved Ordinances 2. 1st Reading - Amend City Code Section 25-3.08 Pertaining to the Employment of Relatives (Human Resources - 701-11) Action: Passed Ordinance to print 3. 2nd Reading - Amend Chapter 28 of the Monterey City Code to Add Prevailing Wage Requirements in Conformance with SB 7 (City Attorney - 807-01) Action: Adopted Ordinance No. 3507 City Council Minutes Tuesday, November 4, 2014 4. 2nd 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: Adopted Ordinance No. 3508 Resolutions 5. Authorize Application for California Wildlife Conservation Board Grant Funds for Restoration of Wharf II Fishing Pier; Authorize City Manager to Enter Into an Agreement with CWCB (Public Facilities - 904-18) Action: Adopted Resolution No. 14-192 C.S. 6. Appropriate Donation Funds in the Library Trust Fund (Library - 406-04) Action: Adopted Resolution No. 14-193 C.S. 7. Authorize the Appropriation of NIP Contingency for the Skateboard Park Renovation Project; Reject all Bids for the Skateboard Park Renovation, Dennis the Menace Park (DTM) Walkway/Access Improvements Phase II and DTM Park North Side Path ADA Upgrade Projects; and Direct Staff to Separately Re-Bid the Skateboard Park Renovation Project ***NIP*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-194 C.S. 8. 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: Adopted Resolution No. 14-195 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. John Narigi, Monterey Plaza Hotel and Spa, addressed comments by John Turner at the October 21st Council Meeting saying that he did not direct his employees to support a water project, and the comment was a lie. Having no further requests to speak, Mayor Della Sala closed public comments. COUNCIL COMMENTS LD offered kudos to Councilmember Haffa for leading the charge din making phone calls in regard to Measure P. She said that she has been hearing complaints regarding a vacant lot on Josselyn Canyon Road that is being used as a construction staging area. She said that it is legal use, but she would like for staff to review the applicable ordinance to see if that can be remedied. She said she is glad the election is almost over, and she said that she is disappointed in the large amounts of money being spent and the use of PACs. She thanked staff who met with Jim Cullem and David Stoltz regarding the MOU for ground water replenishment. She thanked the Mayor and Vice Mayor for thiei volunteerism. 2 City Council Minutes Tuesday, November 4, 2014 NS reported on a meeting with the Turkish Community. Mayor Della Sala expressed thanks to candidates for Mayor and Council seats, saying that they will find gratification and their service will be gratifying. NS congratulated the Work family for the groundbreaking yesterday for the burned out site on Alvarado Street. WATER UPDATE Executive Director Cullemtn reported that the next significant event at CPUC is the release of the MPWSP draft EIR on January 30, 2015. He said that the CPUC has issued an extension to March 2015 the deadline for the Pollution Control Agency to finalize an agreement with the agricultural community on source water for the groundwater replenishment project. Mr. Cullem said that on November 12, the Coastal Commission will consider an appeal by CalAm of Marina's rejection of the tesdt Slant well Coastal Development Permit and the Superior Court will consider CalAm's request on November 7 to require CEMEX to allow access to the site. He noted that the Coastal Commission meeting is very important to keep the project on schedule. Mr. Cullem reported that a meeting with California State Water Resources Board staff is scheduled on November 7th to discuss the process by which the deadline date for the CDO can be extended. He said that the Water Authority TAC will conduct a site visit to Deep Water Desal and the Peoples' Desal at Moss Landing on November 17, with a purpose to gain more information on the status of the two projects. On question from Councilmember Selfridge, Mr. Cullem explained the Superior Court case, and the issues if the CDO extension is denied. Mayor Della Sala opened/closed pc. CITY MANAGER REPORTS City Manager McCarthy reported that the City is beginning construction at Lagunna Grande Park. Mayor Della Sala opened the floor for public comment on the closed session item and had not request to speak. He closed public comments, and Council adjourned to closed session at 4:23 p.m. ***Adjourn to Closed Session*** ADJOURNMENT ANNOUNCEMENTS FROM CLOSED SESSION Conference with Legal Counsel – Existing Litigation Pursuant to G.C. Section 54956.9 (d)(1) Name of case: Delgado vs. City of Monterey (Workers’ Compensation Appeals Board). On a unanimous roll call vote, the City Council gave confidential direction to their legal counsel. 3 City Council Minutes Tuesday, November 4, 2014 Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 4

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, November 4, 2014 Frank Sollecito, Councilmember 4:00 - 6:00 p.m. City Manager Council Chamber Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 6:00 p.m. CALL TO ORDER 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. October 21, 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. 1st Reading - Amend City Code Section 25-3.08 Pertaining to the Employment of Relatives (Human Resources - 701-11) 3. 2nd Reading - Amend Chapter 28 of the Monterey City Code to Add Prevailing Wage Requirements in Conformance with SB 7 (City Attorney - 807-01) 4. 2nd Reading - Adopt Article 5, Sections 19-105 through 19-121 of Chapter 19 Relating to the Licensing of Tobacco Retailers (City Manager - 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." 5. Authorize Application for California Wildlife Conservation Board Grant Funds for Restoration of Wharf II Fishing Pier; Authorize City Manager to Enter Into an Agreement with CWCB (Public Facilities - 904-18) 6. Appropriate Donation Funds in the Library Trust Fund (Library - 406-04) Tuesday, November 4, 2014 7. Authorize the Appropriation of NIP Contingency for the Skateboard Park Renovation Project; Reject all Bids for the Skateboard Park Renovation, Dennis the Menace Park (DTM) Walkway/Access Improvements Phase II and DTM Park North Side Path ADA Upgrade Projects; and Direct Staff to Separately Re-Bid the Skateboard Park Renovation Project ***NIP*** (Plans & Public Works - 701-13) 8. 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) ***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. 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). WATER UPDATE 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. ***Adjourn to Closed Session (See additional agenda)*** 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). 2 Tuesday, November 4, 2014 CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. 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 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]. Later requests will be accommodated to the extent feasible. For communication-related assistance, 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. UPCOMING MEETINGS AT CITY HALL Nov 5 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 6 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 6 Disabled Access Appeals Board Meeting, Council Chamber - 9:00 AM Nov 6 Appeals Hearing Board Meeting, Council Chamber - 11:00 AM Nov 11 City Holiday, City Offices Closed - 8:00 AM Nov 11 Planning Commission Meeting Cancellation Notice, Council Chamber - 4:00 pm Nov 13 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Nov 13 MP Regional Water Authority Meeting, TBD - 7:00 PM Nov 13 Planning Commission Meeting, Council Chamber - 7:00 PM Nov 17 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Nov 18 Council Regular Meeting, Council Chamber - 4:00 PM Nov 19 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 20 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 20 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Nov 24 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Nov 25 Planning Commission Meeting, Council Chamber - 4:00 pm Nov 26 Oversight Board Meeting, Council Chamber - 7:00 PM Nov 27 City Holiday, City Offices Closed - 8:00 AM Nov 27 MP Regional Water Authority Meeting, TBD - 7:00 PM Nov 28 City Holiday, City Offices Closed - 8:00 AM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 3

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