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Council Regular Meeting

Regular Meeting

Monterey, CA · November 18, 2014

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 18, 2014 4:00 - 7:00 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, Library Director, Acting Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, Traffic Engineer, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Presentation on Recent Sister City Visit to Dubrovnik, Croatia (Public Facilities - 706-10) Action: Received presentation Traffic Engineer Deal and Harbormaster Scheiblauer presented a report on their trip to Dubrovnik. Councilmember Downey clarified that these trips are funded by donations from the former City Manager, not City funds. 2. Recognition of Mark Schmidt Award Recipient Officer Paul Oelfke (Police - 607-01) Action: Recognized Officer Oelfke Police Chief Penko gave a brief presentation, and Councilmembers congratulated Officer Oelfke, who acknowledged the other officers who assisted. WATER UPDATE Executive Director Cullem reported that on November 12, the Coastal Commission approved the test slant well coastal development permit at the CEMEX site. He said that CalAm and CEMEX have come to an agreement for access to that site. He said that the Water Authority, Water Management District, CalAm, agricultural interests, and others met with the California State Water Resources Board staff to discuss submission of a request to extend the deadline date for the CDO. Mr. Cullem reported that the Water Authority TAC conducted a site visit to the Deep Water Desal and the People’s Desal at Moss Landing to gain additional information on those projects. He said that the CPUC has issued a ruling, which extends to March 2015 the deadline for the Pollution Control Agency to finalize a Definitive Agreement with the agricultural community on source water for the GWR project. Councilmember Downey said that we want to make sure to document how much effluent has been contributed by the Peninsula to the PCA. She said that number is approximately 4300 City Council Minutes Tuesday, November 18, 2014 acre feet. On question from Councilmember Selfridge, Mr. Cullem said that any fresh water from the slant wells would be returned to the Salinas Valley. On further question, he reviewed various alternatives if the test well does not indicate that slant wells would not produce adequate water supplies. Executive Director Cullem read a proclamation honoring Mayor Della Sala that was presented by the Water Authority at their last meeting. Mayor Della Sala opened public comments on the item, had no requests to speak, and closed public comments. CONSENT ITEMS City Manager McCarthy said that a Councilmember has a question on Item 8 and pull 20. Councilmember Downey said that she would like to pull Item 17. With regard to Items 12 through 15, she said that NIP spent money for MPUSD, and she encouraged NIP to share at least half the cost of projects they recommend for MPUSD. 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 8, 17 and 20: 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 3. October 29, 2014 (Information Resources - 701-09) Action: Approved 4. November 4, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 5. Award a Contract for Purchase of Heavy Duty Portable Column Lifts for Use by the City of Monterey Fleet Division (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-196 C.S. 6. Ratification of an Award of Contract to DMC Construction Inc. DBA Property Restoration Services for Emergency Abatement of Water Damage to Presidio of Monterey, Building 607 (Plans & Public Works - 704-15) Action: Adopted Resolution No. 14-197 C.S. 7. Ratification of an Award of Contract to Disaster Kleenup Specialists for Emergency Abatement Water Damage to Presidio of Monterey, Building 627 (Plans & Public Works - 701-02) Action: Adopted Resolution No. 14-198 C.S. Ordinances 8. 2nd Reading - Amend City Code Section 25-3.08 Pertaining to the Employment of Relatives (Human Resources - 701-11) Action: Removed from Consent; discussed; tabled 2 City Council Minutes Tuesday, November 18, 2014 Councilmember Haffa asked about potential liability, and asked if it would be feasible to have the Mayor and City Council notified of any exception to Item D in the ordinance. City Attorney Davi reviewed the purpose of a nepotism policy, saying that it is not legally required. She said that the policy is very restrictive in comparison to other cities. She expressed concerns, saying that additional research regarding disclosing information about familial relationships would be needed. She said that since Council does not have authority over personnel issues, reporting the matter to the Council might expose private information. Councilmember Sollecito said that he believes a balanced approach is best. Councilmember Downey said that she would like the City Attorney to research the matter further, and Councilmember Selfridge agreed. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the matter: 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 9. Award Contract to Tyler Technologies for Annual Software Support for the Eden Financial System (Finance - 704-05) Action: Adopted Resolution No. 14-199 C.S. 10. Authorize the City Manager to Enter into an Assignment of Easement Agreement over Portion of the Land at 32 & 34 Castanada Place and 2 Via Castanada, APN 001-911-044, 001-911- 045, 001-911-046 and 001-911-060 for Sewer Line Maintenance and Repair, and for the Mayor to Sign the Certificate Accepting the Easement (Plans & Public Works - 704-02) Action: Adopted Resolution No. 14-200 C.S. 11. Amend Resolution 14-125 Changing the Position Control List for the Plans and Public Works Department by Extending the Contract Administrative Analyst Position in the Presidio Maintenance Buildings Division (Plans & Public Works - 903-06) Action: Adopted Resolution No. 14-201 C.S. 12. Authorize the City Manager to Sign a Memorandum of Understanding and Reimburse up to $162,000 to Monterey Peninsula Unified School District for the Purchase of an Easement to Accommodate the Foothill School Drop-Off and to Sign a “Termination of Easement” with the Property Owner at 1252 Olmsted Road (APN 259-131-010)***NIP*** (Plans & Public Works - 706-04) Action: Adopted Resolution No. 14-202 C.S. 13. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for the Purchase of Playground Equipment for Monte Vista Playground Equipment Project (32n1428) ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-203 C.S. 3 City Council Minutes Tuesday, November 18, 2014 14. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for Rehabilitation of the Multi-Purpose Sports Field for Foothill School Project (32n1509) ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-204 C.S. 15. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for the Purchase of Playground Equipment for Del Monte School Playground Equipment Project (32n1506) ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-205 C.S. 16. Approve Cannery Row Business Association's Request for a Locals Holiday Parking Program in the Cannery Row Garage from November 28 - December 26, 2014 (Public Facilities - 901-06) Action: Adopted Resolution No. 14-206 C.S. 17. Authorize City Manager to Enter into a Memorandum of Agreement with the Fort Ord Reuse Authority Regarding Payment of City of Monterey Portion of Basewide Environmental Insurance Coverage and Acceptance of Insurance Terms and Conditions (Plans & Public Works - 408-08) Action: Removed from Consent; discussed; continued to December 2, 2014 Councilmember Downey voiced concerns that Monterey's property is much smaller than other agencies' and she wants the amount to be fair. Staff explained that the amount of coverage is individual to each jurisdiction and is based on the level of cleanup and the amount of liability. Councilmember Downey said that she has concerns regarding whether the current development under negotiation may not go forward, so she would like to have additional information. Councilmember Selfridge said that she can bring information from the FORA meeting. Risk Manager Combs said that December 31 is the deadline to insure continued coverage. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to December 2, 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 18. Adopt Amendments to Unrepresented Regular Part-time (RPT) Employee Benefits (Human Resources - 507-08) Action: Adopted Resolution No. 14-207 C.S. Other 19. Reject Claim - Phyllis and Darrell Boynton (Finance - 408-04) Action: Rejected claims 20. Consider Encroachment Permit for Little Free Library at Via Paraiso Park (Hermann Drive); Applicant: Friends of the Library; Owner: City of Monterey; Exempt from CEQA Requirements (Recreation & Community Services - 203-02) Action: Removed from Consent; discussed; approved Encroachment Permit 4 City Council Minutes Tuesday, November 18, 2014 Chief of Planning and Engineering Rerig presented the staff report. On question, City Attorney Davi said that the free library would not be a City program, and the City should not be engaged in reviewing content or censorship. Mayor Della Sala opened public comment on the item. Bill Wojtkowski, Friends of the Monterey Public Library, spoke in support of the proposal. Having 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 approved an Encroachment Permit for a Little Free Library at Via Paraiso Park (Hermann Drive): 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 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Nina Beety alerted Council to a recent Senate Bill regarding the use of GMOs. She submitted a sample Ordinance and asked Council to take action prior to the January 1st deadline that would prohibit cultivating GMO plants within the City. She said that Tar Sands Oil would travel through the County if it is not blocked, and it is very toxic and explosive. She said it is irresponsible of the City to allow wireless in the Council Chamber. Lorna Moffett expressed the urgency of passing an ordinance to prohibit the cultivation of GMO plants in Monterey. She said that GMOs are toxic and create sudden death. She asked everyone to view "Seeds of Death" on YouTube. Julie Armstrong, Communication and Marketing Director of the Big Sur Marathon, thanked City staff for their hard work and assistance with last weekend's Half Marathon. She apologized to affected residents regarding any noise disturbances on Sunday morning. Marlene Huckleberry said that she is a Social Worker, and the Supreme Court has held a hearing regarding the need for a shelter in Monterey. She said that she is available to oversee the shelter so it is well run. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala called a brief recess at 5:20 p.m., then reconvened the meeting at 5:27 p.m. PUBLIC APPEARANCE 21. Report on the City’s Economic and Environmental Sustainability Water Allocation Projects; and Extend the Pre-commitment of Water for Projects to Obtain Building Permits for 6-12 Months; and Direct Staff to Release a Request for Proposals for the Remaining Water Allocation (Plans & Public Works - 202-02) Action: Action: Declined to extend the water allocation at 2201 North Fremont (4-1; Selfridge voting no): extended the pre-commitment of water for two projects to obtain building permits for 24 months, and adopted Resolutions No. 14-208 C.S and No. 14-209 C.S. 5 City Council Minutes Tuesday, November 18, 2014 Principal Planner Cole presented the staff report and answered Councilmembers' questions. Councilmember Downey disclosed that she previously spoke with Mr. Davi regarding this item. Mayor Della Sala opened the floor for public comments. Nelson Vega, speaking for the 2201 North Fremont project, said that an ordinance to sub-meter was just passed in August and there were other delays that caused the project not to be able to go through. He asked for ninety days additional time. Henry Ruhnke, Wald Ruhnke and Dost, described the investment and progress on their project at 449 Calle Principal. He presented a rendering of an elevation, and reviewed the timeline for the project. He asked Council to grant 24 months to provide adequate time for approvals. He said that they are requesting .033 acre feet for the addition of two showers, and if additional water becomes available in the future they would be willing to consider adding another floor for additional living units. On question, Mr. Davi said that he would like to have 24 months extension to insure that the project can be completed. Clyde Roberson said that he has no problem with the time limit extensions being discussed. He said that with regard to future allocations, the City might need some water to develop the Valero site. On question, Ms. Cole explained that the City has already allocated water to the Valero site, and the City is working with Cal Am regarding setting the meter. Mr. Roberson said that Cal Am might not be allowed return the meter to the site per the State Water Resources Control Board, so additional water might be needed. Carl Outzen said that Cal Am has taken the existing water meter/credits from the Valero site so the development does not have adequate water at this time. Mr. Rerig explained that the Water District wrote a letter saying that they would honor the existing water credits on the property. Paul Davis explained some of the delays their project at 520-522 Fremont has encountered and asked Council to extend their water allocation by 24 months. Mr. Cosentino agreed, and requested the 24 month extension, noting that he has moved the tenant out and he is no longer receiving income from the property. Fabrice Ronda, 419 Wave Street representative, said that he would like an opportunity to rehabilitate the property. He reviewed the sustainability of the project, including cisterns, walkability, and that it is a conversion project. He spoke about the importance of preserving a pre-1926 cottage on the property. He said that they have a potential tenant, a bistro based on Belgian culture. He asked for a water allocation for six months, saying that the project is ready to go, including financing. Having no further requests to speak, Mayor Della Sala closed public comments. Councilmember Sollecito disclosed that he had spoken with Mr. Davi prior to the meeting. He said that it is too bad that the City does not have adequate water to allocate. He favored reinvigorating Calle Principal and North Fremont. He said that he likes the idea of additional units downtown. He said that the idea of the Belgian bistro is appealing, and he has difficulty with the proposal for an RFP when that project has already submitted a proposal. Councilmember Haffa voiced concerns regarding the issues with the Valero site. He said he is inclined to grant an additional ninety days to Mr. Vega's project due to his explanation. He said he favors extending the two projects that are significantly under way, but suggested eighteen months might be adequate. Mayor Della Sala said that said that there has been a good faith effort by the two developers, and he does not have a problem with granting two years. He said 6 City Council Minutes Tuesday, November 18, 2014 the additional .033 acre feet for the Calle Principal project is a negligible amount. He spoke in favor of an RFP process. He supported the staff recommendation, except he would grant a two year extension. Councilmember Selfridge said that she feels that the water for 2201 North Fremont should also be extended, which would preclude the additional 0.033 acre feet allocation. Councilmember Haffa said that he is inclined to move forward with the projects that have shown progress. Councilmember Sollecito reminded Council of the two letters of support for the Calle Principal project. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council declined to extend the water allocation at 2201 North Fremont: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council amended and adopted Resolution No. 14-208 C.S., approving the additional water for 449 Calle Principal and extending the water pre-commitment for that project for 24 months to November 18, 2016; amended and adopted Resolution No. 14- 209 C.S., extending water pre-commitment for 520-522 Fremont for 24 months to November 18, 2016; and directed staff to release a Request for Proposals for the remaining water allocation: 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 22. Councilmember Comments from November 6, 2014 Regarding the Museum of Monterey (City Attorney - 206-03) Action: Received report Councilmember Haffa said that he was not aware that the public and press were not permitted access to the November 6th meeting. He said that he asked the Historic Association if they had reached out to CSUMB and he suggested a Marine Science Education Center at their location, and they indicated that they had pursued that option. Mr. Haffa said that the people running the organization did not know how to issue an RFP, and he suggested that the City might assist them in that task. Councilmember Downey asked if the building reverts to the City after fifty years, and City Attorney Davi said that does, and if there is a default, it would revert to the City. Ms. Downey said that she did not know it was a closed meeting. She said she pleaded the case for transparency with the board but did not win. She said that the board is planning to close on January 1st and are hoping for a sublease. She said it was a mistake to have a closed meeting. Councilmember Selfridge said that she also did not know it was a closed meeting. She said that as of that evening, the board thought they had enough money to keep the doors open until 7 City Council Minutes Tuesday, November 18, 2014 December 31, but were not sure. She said that they did not fully understand the issues associated with the lease process. She clarified that only the interest from the endowment fund can be spent. She clarified that the original $6 million was, in part, to build the building. Mayor Della Sala opened the floor for public comment, had no requests to speak, and closed public comments. 23. Establish an Oversight Committee to Oversee Measure P Revenues and Expenditures (Finance - 701-07) Action: Tabled (4-1; Downey voting no) Finance Director Forbis presented the staff report and answered Councilmembers' questions. Councilmember Sollecito noted that the election has not yet been certified, and he suggested waiting until the new Council is installed. Councilmember Downey said that she believes the experienced Council should make these appointments. Mayor Della Sala opened public comment. Rick Heuer, Monterey Taxpayers Association, said that every other oversight committee has had broad guidelines as to the membership, and has had a member of the Taxpayers' Association. He said there should be an opportunity to apply for the committee within certain categories, and there should be a member of a bonafide taxpayers association. He urged council to create a different framework. Nelson Vega agreed with the previous speaker and said this item should be tabled so the new Councilmembers can to make the appointments. He said that the structure should be more inclusive. Ed Smith said he is looking forward to coming on to the Council on December 2. He said he thinks that five members are not enough, and he agreed with Mr. Heuer. He said that the group should represent a wide diversity of people. With no further requests to speak, Mayor Della Sala closed public comments on the item. It was moved by Councilmember Haffa, and seconded by Councilmember Sollecito, to table the item: Councilmember Downey said that she believes tabling the item is a mistake, and the Ballot Measure Committee did an excellent job. Mr. Haffa said that he agrees that the Committee did a good job, but he also agrees with some of Mr. Heuer's comments. 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 24. Adopt Resolution Establishing City Council Budget Technical Advisory Committee (TAC) (Finance - 701-13) Action: Tabled Mayor Della Sala opened the floor for public comments. Nelson Vega encouraged Council to table the item. Having no further requests to speak, Mayor Della Sala closed public comments. Councilmember Downey said that she would like to include a requirement that members of this committee have a financial background. 8 City Council Minutes Tuesday, November 18, 2014 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council directed that staff include a requirement that the committee members have a financial background: 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 On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the matter: 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 COUNCIL COMMENTS On request of the Mayor, Terry Baer, Executive Director for the Veterans Transition Center, expressed his thanks to the City of Monterey and its citizens for the assistance with the 2014 Homeless Veteran Stand Down last August. He issued a challenge to help homeless Veterans. He said that in January there a census will be conducted of the homeless in Monterey County. Mayor Della Sala opened the floor for additional public comments. Dan Turner said that, while he could have been mistaken in his comments four weeks ago, it would not make him a liar. He said that he was not mistaken and has not received a reply to emails he sent to the gentleman. Councilmember Selfridge said that she received a letter today from the FPPC saying that Ms. Nina Beety's complaint was closed and there was no conflict. She said she has been on the FORA Board for many years, and she has received many questions regarding a raise for the executive officer. She said that the FORA Board has decided to change the wording in the executive officer's contract prior to reconsidering a raise. She reported on last week's Friends of Homeless Women's Brunch that she and Councilmember Haffa attended, and she complimented those who put it on. Councilmember Downey thanked the staff for the wonderful lights that are on the trees on Alvarado, especially Mr. Uslar. She reported on a recent Downtown Business Association meeting, saying that most favor prohibiting smoking downtown. She said that the Big Sur Half Marathon was very successful. She said that she attended an MST conference and was in the Steinbeck Forum four times. She thanked the "lizard man," Don Williams, for picking up litter. She said that Monterey pays a contractor to clean most of our highway ramps, but Cal Trans is still responsible for two of them because of safety concerns. She said that CalTrans does a very poor job of picking up litter on those highway ramps for which they are responsible. Councilmember Sollecito said that at Ms. Downey’s suggestion he will let the next Council make his comments. Councilmember Selfridge reported that she and Councilmember Downey attended the Solar Forum with Sustainability Coordinator Terrasas, and there were great ideas presented there. 9 City Council Minutes Tuesday, November 18, 2014 CITY MANAGER REPORTS City Manager McCarthy advised that the newly elected Councilmembers would be installed on December 2, and following that Council Meeting, there would be a reception at the Museum of Art honoring outgoing and incoming Councilmembers. He said that a reception to honor Board Members and Commissioners would be held on December 8. Mayor Della Sala opened the floor for public comments on the closed session items, had no request to speak, and closed the floor. Council adjourned to closed session at 7:31 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that on a unanimous roll call vote, the Council gave confidential direction to their attorney in a conference with legal counsel regarding existing litigation in the case of Sipple et al v. County of Alameda, et al. Ms. Gawf said that on a roll call vote of 4-1, with Selfridge voting no, the City Council gave confidential direction to their counsel in a conference with legal counsel regarding existing in the case of Wright v. City of Monterey Ms. Gawf said that a conference with labor negotiators regarding employee organizations: Monterey Fire Fighters’ Association (MFFA) Monterey Fire Chief Officers’ Association (MFCOA), Monterey Police Association (MPA), and Monterey Police Lieutenants' Association (PLMA) was not heard, and was continued to November 25, 2014 at 735 Pacific Street. ADJOURNMENT Mayor Della Sala adjourned the Closed Session meeting at 8:31 p.m. to Tuesday, November 25, 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, November 18, 2014 Frank Sollecito, Councilmember 4:00 - 7:00 p.m. City Manager Council Chamber Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Presentation on Recent Sister City Visit to Dubrovnik, Croatia (Public Facilities - 706-10) 2. Recognition of Mark Schmidt Award Recipient Officer Paul Oelfke (Police - 607-01) WATER UPDATE CONSENT ITEMS Approval of Minutes 3. October 29, 2014 (Information Resources - 701-09) 4. November 4, 2014 (Information Resources - 701-09) Award of Contracts 5. Award a Contract for Purchase of Heavy Duty Portable Column Lifts for Use by the City of Monterey Fleet Division (Plans & Public Works - 405-04) 6. Ratification of an Award of Contract to DMC Construction Inc. DBA Property Restoration Services for Emergency Abatement of Water Damage to Presidio of Monterey, Building 607 (Plans & Public Works - 704-15) 7. Ratification of an Award of Contract to Disaster Kleenup Specialists for Emergency Abatement Water Damage to Presidio of Monterey, Building 627 (Plans & Public Works - 701-02) Ordinances 8. 2nd Reading - Amend City Code Section 25-3.08 Pertaining to the Employment of Relatives (Human Resources - 701-11) Resolutions Tuesday, November 18, 2014 9. Award Contract to Tyler Technologies for Annual Software Support for the Eden Financial System (Finance - 704-05) 10. Authorize the City Manager to Enter into an Assignment of Easement Agreement over Portion of the Land at 32 & 34 Castanada Place and 2 Via Castanada, APN 001-911-044, 001-911-045, 001-911-046 and 001-911-060 for Sewer Line Maintenance and Repair, and for the Mayor to Sign the Certificate Accepting the Easement (Plans & Public Works - 704- 02) 11. Amend Resolution 14-125 Changing the Position Control List for the Plans and Public Works Department by Extending the Contract Administrative Analyst Position in the Presidio Maintenance Buildings Division (Plans & Public Works - 903-06) 12. Authorize the City Manager to Sign a Memorandum of Understanding and Reimburse up to $162,000 to Monterey Peninsula Unified School District for the Purchase of an Easement to Accommodate the Foothill School Drop-Off and to Sign a “Termination of Easement” with the Property Owner at 1252 Olmsted Road (APN 259-131-010)***NIP*** (Plans & Public Works - 706-04) 13. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for the Purchase of Playground Equipment for Monte Vista Playground Equipment Project (32n1428) ***NIP*** (Plans & Public Works - 704-05) 14. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for Rehabilitation of the Multi-Purpose Sports Field for Foothill School Project (32n1509) ***NIP*** (Plans & Public Works - 704-05) 15. Authorize the City Manager to Sign a Memorandum of Understanding to Monterey Peninsula Unified School District for the Purchase of Playground Equipment for Del Monte School Playground Equipment Project (32n1506) ***NIP*** (Plans & Public Works - 704- 05) 16. Approve Cannery Row Business Association's Request for a Locals Holiday Parking Program in the Cannery Row Garage from November 28 - December 26, 2014 (Public Facilities - 901-06) 17. Authorize City Manager to Enter into a Memorandum of Agreement with the Fort Ord Reuse Authority Regarding Payment of City of Monterey Portion of Basewide Environmental Insurance Coverage and Acceptance of Insurance Terms and Conditions (Plans & Public Works - 408-08) 18. Adopt Amendments to Unrepresented Regular Part-time (RPT) Employee Benefits (Human Resources - 507-08) Other 19. Reject Claim - Phyllis and Darrell Boynton (Finance - 408-04) 20. Consider Encroachment Permit for Little Free Library at Via Paraiso Park (Hermann Drive); Applicant: Friends of the Library; Owner: City of Monterey; Exempt from CEQA Requirements (Recreation & Community Services - 203-02) ***End of Consent Agenda*** 2 Tuesday, November 18, 2014 PUBLIC COMMENTS PUBLIC APPEARANCE 21. Report on the City’s Economic and Environmental Sustainability Water Allocation Projects; and Extend the Pre-commitment of Water for Projects to Obtain Building Permits for 6-12 Months; and Direct Staff to Release a Request for Proposals for the Remaining Water Allocation (Plans & Public Works - 202-02) 22. Councilmember Comments from November 6, 2014 Regarding the Museum of Monterey (City Attorney - 206-03) 23. Establish an Oversight Committee to Oversee Measure P Revenues and Expenditures (Finance - 701-07) 24. Adopt Resolution Establishing City Council Budget Technical Advisory Committee (TAC) (Finance - 701-13) COUNCIL COMMENTS CITY MANAGER REPORTS ***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). 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 3 Tuesday, November 18, 2014 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 19 ARC Meeting Cancellation Notice, Council Chamber - 4:00 pm Nov 20 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Nov 20 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 25 Planning Commission Meeting, Council Chamber - 4:00 pm Nov 25 Council Adjourned Meeting, Orca Conference Room, 735 Pacific St. - 4:00 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 Dec 1 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Dec 1 Oversight Board Meeting, Council Chamber - 7:00 PM Dec 1 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 PM Dec 2 Council Regular Meeting, Council Chamber - 4:00 PM Dec 3 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Dec 3 Library Board Meeting, Library Community Room - 5:00 PM Dec 4 Zoning Administrator Meeting Cancellation Notice, Council Chamber - 4:00 pm Dec 5 Zoning Administrator Meeting, Council Chamber - 4:00 pm Dec 9 Planning Commission Meeting, Council Chamber - 4:00 pm Dec 11 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Dec 11 MP Regional Water Authority Meeting, TBD - 7:00 PM Dec 15 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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