Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 2, 2014 4:00 - 5:30 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. ROLL CALL (2012-2014 City Council) Information Resources Director/City Clerk Gawf called the role. 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 Compliance, Assistant Finance Director, Principal Planner, Housing & Property Manager CERTIFICATION OF ELECTION RESULTS AND COUNCIL INSTALLATION 1. Approve Resolution Declaring Canvass of Returns and Results – Consolidated General Municipal Election November 4, 2014 (Information Resources - 702-03) Action: Adopted Resolution No. 14-210 C.S. Information Resources/City Clerk Gawf presented the staff report and answered Councilmembers' questions. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 14-210 C.S., declaring the Canvass of Returns and Results of the Consolidated General Municipal Election of November 4, 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 2. Council Remarks (City Council - 701-01) Councilmember Selfridge reviewed her experiences and accomplishments during her time as a Council Member. She thanked her supporters, and encouraged everyone to get more involved in the community. She left the Chamber at 4:07 p.m. Councilmember Sollecito noted that unlike Ms. Selfridge, he did not go on a Police ride-along during his term as a Councilmember. He said that he began as a Police Officer with the City when he was 22 years old. He reminisced that he was first elected in 2006, and a recession hit  City Council Minutes Tuesday, December 2, 2014 in 2007. He congratulated staff, citizens and the Council on their accomplishments in spite of the lack of money and water. Councilmember Haffa said that he appreciated Councilmember Selfridge's work on the Golden State Theater, and he enjoyed working with Councilmember Sollecito on subcommittees. He thanked the Mayor for his professional demeanor and said that he respected the Mayor for that. Councilmember Downey offered her appreciation for Councilmember Selfridge's, Councilmember Sollecito's, and Mayor Della Sala's hard work. Mayor Della Sala said that it has been an honor and privilege to serve over the past eight years. He spoke of the Council's vision and accomplishments toward realizing the vision. He emphasized the importance of the passage of Measure P at the last election. He said that the staff in the City of Monterey is second-to-none, and it has been a joy to work with them. 3. Installation of 2014-2016 Monterey City Council (Information Resources - 701-01) Action: Administered Oaths of Office and seated new City Council Information Resources Director/City Clerk Gawf administered the Oath of Office to newly elected Councilmembers Smith and Barrett and Mayor Roberson and asked them to be seated at the dais. 4. Council Remarks (City Council - 701-01) Mayor Roberson took up the gavel and recognized Former Mayor Albert, thanking him for being here. He thanked and acknowledged individuals in attendance for being present today, noting that they are all public servants when they volunteer. He thanked the staff. He thanked the families of the elected officials and introduced his wife, Dottie, and other family members. Councilmember Downey said that Bank of America is matching dollar for dollar every donation to the homeless. She invited people to attend the Christmas Tree Lighting on Thursday. Councilmember Haffa expressed his appreciation to the outgoing members and offered congratulations and welcome to the new Councilmembers. Councilmember Smith thanked the community for their endorsement and said that he is honored to be a part of the City Council. He expressed a desire to work together with the other Councilmembers as a team. He thanked his wife, Sharon, and his family. He said he wants to bring his experience and service to this City Council and wants to get things done. Councilmember Barrett said that he is honored to serve on this City Council and thanked the previous Council for being good care takers of the City. He thanked his supporters and hoped that the collaborative spirit can continue. He said that he is encouraged by the large number of people in attendance. He expressed a desire to increase voter participation in the future. Mayor Roberson spoke about City Council priorities and challenges. He said that the City will do good work, but cautioned his colleagues to be careful not to let 'perfect get in the way of good.' 5. Recognition of Mayor Della Sala, Councilmember Selfridge and Councilmember Sollecito (Information Resources - 701-01) Action: Recognized and made presentations to Outgoing Mayor and City Councilmembers 2  City Council Minutes Tuesday, December 2, 2014 Mayor Roberson recognized the outgoing Councilmembers and Mayor, presenting them with tokens of appreciation. Mayor Roberson called a recess at 4:52 p.m. and reconvened the meeting at 5:04 p.m. 6. Appoint Vice Mayor for 2015 (Information Resources - 701-01) Action: Appointed Vice-Mayor Haffa Mayor Roberson requested a motion. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council appointed Councilmember Haffa as Vice Mayor for 2015: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ROLL CALL (2014-2016 City Council) Information Resources Director/City Clerk Gawf called the roll. Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Smith, Roberson Absent: None CONSENT ITEMS Mayor Roberson noted that Item 20 would be removed from Consent for discussion. On question, Traffic Engineer Deal answered a question about bulb-outs and bike lines. With regard to Item 9, Councilmember Downey said that she thinks the parking signs are unclear on Cannery Row. She asked staff to look into the matter. Mayor Roberson commented on Item 12, saying that rejecting inflated bids is not a bad thing. He said he would like to look at the Marina District boundaries in the future. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Item 20, which was removed for discussion: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 7. November 18, 2014 (Information Resources - 701-09) Action: Approved 3  City Council Minutes Tuesday, December 2, 2014 Resolutions 8. Authorize Consent to Sublease Agreement for Rental Space at 32 Cannery Row Between Monterey Bay Boatworks Company and David Shake, Individually as Owner, dba Sea Mist Entertainment, LLC (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-211 C.S. 9. Amend Traffic Resolution 98-186 C.S., Exceptions to Hours of Parking Enforcement on Alvarado Street (Plans & Public Works - 701-13) Action: Adopted Resolution No. 14-212 C.S 10. Authorize the Mayor to Execute Consent to Sublease Agreement between CTB McGraw-Hill LLC as Sublessor and Northrop Grumman Technical Services, Inc., as Sublessee for Office Lease of a Portion of the McGraw-Hill Building at 20 Ryan Ranch Road and Authorize Administrative Approval for Future Consent to Sublease Requests for Office Use at this Location (Plans & Public Works - 206-03) Action: Adopted Resolution No. 14-213 C.S 11. Amendment to Extend the Existing Agreement for Food and Beverage Operations at the Monterey Conference Center Due to the Renovation and Upgrade Project (Public Facilities - 902-03) Action: Adopted Resolution No. 14-214 C.S 12. Reject All Bids and Re-bid the Causeway Shoreline Embankment Erosion Control Project ***CIP*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 14-215 C.S 13. Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (FPPC Form 700) (Information Resources - 707-13) Action: Adopted Resolution No. 14-216 C.S 14. Approve Rescope of Third Street/Aguajito Curb Bulb-Out and Crosswalks ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-217 C.S 15. Approve Appropriation and Transfer of Funds for Additional Funding for the Library Public Loudspeaker Project ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-218 C.S 16. Approve Rescope of Jessie/Irving Crosswalk Improvements ***NIP*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-219 C.S 17. Establish Fee for Tobacco Retail License (City Attorney - 701-13) Action: Adopted Resolution No. 14-220 C.S 18. Consider 39 Wharf #1 - Planning Commission Recommendation to Authorize Wharf Permit Application and Approving in Concept a 98.8 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure; Applicants Chris Shake/Dennis Hodgin; Owner City of Monterey; Exempt from CEQA (Plans & Public Works - 202-02) Action: Adopted Resolution No. 14-221 C.S 4  City Council Minutes Tuesday, December 2, 2014 19. Authorize the City Manager to enter into a Memorandum of Understanding (MOU) with the City of Salinas for Grant Funding Reimbursement for Police Department Participation in the "Avoid the 20 DUI Campaign" in Monterey and San Benito Counties (Police - 704-05) Action: Adopted Resolution No. 14-222 C.S 20. 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: Remove from Consent; discussed; adopted Resolution No. 14-223 C.S Mayor Roberson introduced the item. Councilmember Smith said that he is comfortable with the staff recommendation as the right amount of insurance, noting that no one knows what is in the ground. Councilmember Downey said that Council received good input from the Risk Manager and former Finance Director. She voiced concerns regarding the expense to FORA for their highly paid executive director. Councilmember Haffa noted that the concerns regarding what is beneath the surface are valid and the recommended amount of insurance is reasonable. Councilmember Barrett noted that the premium is one-third the amount of the previous premium. He said that he is also concerned about unseen liabilities and emphasized having the developer pay a portion of the premium. Mayor Roberson opened public comment on the item, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 14-223 C.S. and authorized the 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: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Claudia Selete voiced disappointment that she could not show a video about the dangers of GMOs. Lorna Moffett said that we have an emergency situation regarding GMOs in Monterey County. She said that she previously tried to get Monterey County to pass an ordinance, but was not successful in convincing the supervisors to vote for it. She said that people are subject to illness. She asked Council to send a Resolution to the Supervisors to implement a GMO moratorium. Nina Beety said that the City and country are entering the most challenging time. She said she hopes the Council will be more fact-based, science-based, and heart-based. She voiced concerns about the impacts of Fukushima. She said that she has been discouraged by the lack of progress on various issues in the City. Mike Brassfield, CERT representative, congratulated the Mayor and Councilmembers and invited them to attend a drill to test emergency responses. Having no further requests to speak, Mayor Roberson closed public comments. 5  City Council Minutes Tuesday, December 2, 2014 WATER UPDATE There was no water update presented. Mayor Roberson opened public comments regarding the item, had no requests to speak, and closed public comments. COUNCIL COMMENTS 21. Request Reconsideration of Council's November 18, 2014 Action Regarding the City’s Economic and Environmental Sustainability Water Allocation Projects; their Extension of the Pre-commitment of Water for Two Projects to Obtain Building Permits for 24 Months; their Declination to Extend the Water Allocation at 2201 North Fremont; and Direction Staff to Release a Request for Proposals for the Remaining Water Allocation (Haffa - 701-01) Action: Agendized for reconsideration On request of the Mayor, City Attorney Davi gave a brief explanation of the reconsideration process. Councilmember Haffa said that he is sorry to have to ask for reconsideration, but received new information after the meeting that caused him to do so. He said that he had misunderstood the letter from MCPOA that was at the dais at the last meeting. He said that he has also heard from the North Fremont developer that helped him appreciate the significant risk they faced before they heard the decision on sub-metering. He said that another concern was distribution of the remaining water to different areas throughout the City. Councilmember Downey said that she does not want to reconsider the water for the Calle Principal project, but she might reconsider giving six additional months to the North Fremont developer. Councilmember Barrett said that he would like an opportunity to look for a win-win situation and would welcome reconsideration. Mayor Roberson opened public comment on the item. Mr. Fortes, Buena Vista Land Company, voiced concerns said that MCPOA's letter that says they do not support taking water from another area for the downtown. He supported reconsideration. Mr. Davi said that the first MCPOA letter was signed by the Executive Director and correctly expressed the policies and goals not to take water from another area's project. He noted that there is no project proposal on North Fremont. He said that when the City issues an RFP with conditions, it takes money to respond. He asked Council to enforce their previous decision. Nelson Vega said Bob Massaro did not write the letter. Instead Mr. Davi wrote the letter and sent it to Mr. Massaro to sign without board approval. He said that he had a project proposal that was approved by the Planning Commission several years ago. He said that none of the projects has a building permit, and he is asking for some time. He said that his project is in compliance with the neighborhood and area plan. Mike Brassfield, CONA and North Fremont Business Association representative, said that their interest on North Fremont is to raise the existing building and get new construction at the site. Henry Ruhnke, Wald, Ruhnke, and Dost Architects, reviewed the timeline since the water pre- commitment was awarded. He noted that the ordinance change was first heard last June. He asked that if this item is reconsidered, he would like to retain the 24 month extension for their project. Anthony Cosentino, 520 Fremont, said he is thankful for the extra time. He asked Council to keep the extended time frame and consider the water separately. It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to approve a request for reconsideration of Council's November 18, 2014 action regarding the City’s Economic and Environmental Sustainability Water Allocation projects and their extension of the 6 City Council Minutes Tuesday, December 2, 2014 pre-commitment of water for two projects to obtain building permits for 24 months; their declination to extend the water allocation at 2201 North Fremont; and Council’s direction to staff to release a request for proposals for the remaining water allocation. Councilmember Smith said that he will likely support the motion in order to obtain additional information. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager McCarthy announced that the Tree Lighting ceremony is scheduled to begin at 5:00 on Thursday, and that the January 6, 2015 City Council meeting is canceled. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 6:06 p.m. to a reception at the Monterey Museum of Art Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 7