Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 5, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Director of Information Present: Resources/City Clerk, Finance Director, Fire Chief, Human Resources Director, Library Director, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning and Engineering, Principal Planner, Senior Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS City Manager Meurer noted that Item 9 on the evening session is recommended for tabling. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Approval of Minutes 1. December 15, 2009 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Authorizing Removal of Inactive Communication Lines, Base-Wide: American Recovery and Reinvestment Act (ARRA) Project ***PMSA*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-001 C.S. Ordinances 3. Second Reading - Amending Monterey City Code Chapter 20 - Motor Vehicles and Traffic: To Prohibit, with Certain Exceptions, Mobile Billboard Advertising (Police - 607-11) Action: Adopted Ordinance No. 3440  City Council Minutes Tuesday, January 5, 2010 Resolutions 4. Authorizing the Appropriation of Grant Funds for the Interpretation of the Pacific Biological Laboratory (Library - 406-04) Action: Adopted Resolution No. 10-002 C.S. 5. Amending Resolution 07-224 C.S. Approving Change Orders for the Presidio Municipal Services Agency (PMSA) - Defense Manpower Data Center (DMDC) Second Floor Offices and Meeting Rooms Tenant Improvements Project and Approving Related Funding ***PMSA*** (Plans and Public Works - 706-06) Action: Adopted Resolution No. 10-003 C.S. Other 6. Settlement of Workers' Compensation Claim - R. Sechrist (Human Resources - 505-02) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda, no one came forward, and he closed public comments. PUBLIC APPEARANCE 7. Review of City's Integrated Pest Management Policy and Approval of Proposed Changes (Plans and Public Works - ) Action: Received Report and approved changes as recommended by staff Parks and Maintenance Superintendent Stafford presented the staff report. Assistant Public Works Director Uslar reviewed the green building principles used at 735 Pacific Street. Councilmember Haferman suggested submitting an editorial to the newspaper regarding things individuals can do to reduce the use of pesticides. Mayor Della Sala agreed and asked to include similar information on the website. Mayor Della Sala opened the floor for public comments, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council received the report on the City's Integrated Pest Management Plan and approved the changes proposed by staff: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Mayor Della Sala opened the floor for public comment on the closed session items, and having no requests to speak, he adjourned the meeting to closed session at 4:33 p.m. 2  City Council Minutes Tuesday, January 5, 2010 The Council recessed at 5:54 p.m., and then reconvened at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that during a conference with the labor negotiators for all employee associations and unrepresented positions, the City Council received and discussed a report and continued the item to January 19, 2010 on a 4-1 vote with Mayor Della Sala voting no. Ms. Gawf announced that a conference with City real property negotiators on lease related items for the Sea Scout building would be heard after this evening’s open session. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened the floor for public comment on items not on the agenda. Bob Oliver noted that he has invited people to join him in viewing UFOs through third generation night vision goggles, and no one has shown up. He asked the City Council to voice their opinion on two illegal wars. Lorna Moffett thanked Parks Superintendent Stafford for significantly reducing the use of Roundup. She asked why pesticide is used at all. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 8. Appeal of a Planning Commission Decision Upholding an Architectural Review Committee Decision to Approve Application 09-215 for Construction of a One-Story Single-Family Dwelling at 885 Lottie Street in the R-1-5 Zoning District; Appellant Conrad Chao; Owner/Applicant Guido Ausenda/Terry Latassa (Exempt from CEQA) (Plans and Public Works - 203-02) Action: Denied the appeal and upheld the decision of the Planning Commission and ARC to approve application 09-215 (3-2; Downey and Selfridge voting no) Senior Planner Ebbs presented the staff report. Mayor Della Sala opened the Public Hearing to the appellant. Conrad Chow, neighbor of the applicant, stated that he believes the Planning Commission and ARC erred. He said that the views from his house would be blocked, and the laws require that an alternative must be implemented. He asked the Council to require specific changes. Henry Ruhnke, architect, further explained the proposed changes. John Bridges, representing the appellant, said that the view policies were written to protect the existing homeowners. He said that the proposed changes would not affect the applicant's view or make significant changes to the project. Mayor Della Sala opened the hearing to the applicant. Terry Latassa, project architect, agreed with the staff presentation and recommendation. He said that the project is for a small house that on a lot that has many restrictions, and the views would be shared. He asked Council to uphold the Planning Commission and ARC. On question Mr. Latassa explained that the applicant would like to retain the ceiling height, but it would not be an issue to reduce the ceiling joists to six inches. Guido Ausenda, applicant, said that the ARC evaluated Mr. Ruhnke's design, and opted to remove twelve feet from the back of the house. He read a letter into the record that asked Council to deny the appeal and uphold the Planning Commission and ARC decisions. Mayor Della Sala opened the hearing to members of the general public. Nelson Vega said that the City Council has become political on every decision, and he asked Council to uphold the 3  City Council Minutes Tuesday, January 5, 2010 Planning Commission and ARC. Councilmember Sollecito clarified that the Council makes decisions based on the law and does not go outside their authority. Mr. Vermano, a friend of the applicant, supported the proposed project and asked Council to deny the appeal. Barbara Bass Evans, New Monterey resident, said that the item should be sent back to the ARC because they did not have full information. She clarified that the association did not take a position, but she personally did not think the New Monterey Plan was followed. Mayor Della Sala opened the hearing to the appellant for a one-minute rebuttal. Mr. Bridges read from the view sharing policy, saying that the burden of proof is on the applicant if alternative approaches are presented. Mayor Della Sala closed the public hearing. City Attorney Mall clarified that she did not participate in the previous hearings. She said that the view impact is a policy of the Planning Commission and ARC. Councilmember Sollecito said that the ARC and Planning Commission are the Council's experts. He said that they did not err in this instance. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman to deny the appeal of a Planning Commission decision upholding an Architectural Review Committee decision to approve application 09-215 for construction of a one-story single-family dwelling at 885 Lottie Street in the R-1-5 Zoning District. Councilmember Selfridge asked what it would take to remove the large redwoodtree, and Mr. Ebbs gave a brief explanation. She said she could not support the motion because the proposed project is in the center of the view. Councilmember Downey said she has been at the property, and she thinks the Council should take a field trip to the property. Mayor Della Sala said he was on the Planning Commission when the view sharing policy was adopted, and the emphasis is on view sharing. He said that based on the staff report, the view is being shared by each of these properties. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 8:54 p.m., then reconvened the meeting at 9:03 p.m. 9. Consider Adopting Resolution Approving the Final Map, Approving Use Permit 09-257 Amending Master Use Permit 05-503 to Delete Conditions of Approval 4b, 4c and 5b, and Authorizing Recording of the Affordable Housing Agreement for the Condominium Plan Located at 1330 Skyline Drive (Exempt from CEQA) - Staff recommends tabling this item (Plans and Public Works - 203-06) Action: Tabled at the request of the applicant On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled the item: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, January 5, 2010 Adjourn to Redevelopment Agency Meeting 10. Consider Planning Commission Recommendation to the Redevelopment Agency to Adopt a Resolution Adopting the Five-Year Implementation Plan for Fiscal Years 2009/10 – 2013-14 and Consider a Resolution Aggregating New or Substantially Rehabilitated Dwelling Units within the Cannery Row, Greater Downtown, and Custom House Plaza Redevelopment Areas (Plans and Public Works - 207-03) Action: Approved Planning Commission recommendation and adopted RDA Resolution No. 840 adopting a five-year Implementation Plan for FY 2009/20-2013/14; and adopted RDA Resolution No. 840A aggregating new or substantially rehabilitated dwelling units within the Cannery Row, Greater Downtown, and Custom House Plaza RDAs Principal Planner Caraker introduced Marie Munson of Seifel Consulting, and Ms. Munson reviewed the plan. Chair Della Sala opened the floor for public comments. Nelson Vega suggested said that spending $25 million over the next five years seems excessive and a waste of taxpayers' money. Having no further requests to speak, Chair Della Sala returned the discussion to the dais. Finance Director Rhoads clarified that most of the $25 million is not for housing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the RDA Board of Directors approved the Planning Commission recommendation and adopted RDA Resolution No. 840 adopting the Five-Year Implementation Plan for Fiscal Years 2009/10 – 2013/14; and adopted RDA Resolution No. 840A aggregating new or substantially rehabilitated dwelling units within the Cannery Row, Greater Downtown, and Custom House Plaza Redevelopment Areas: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Adjourn to City Council Meeting PUBLIC APPEARANCE 11. Approve Strategy for Closing General Fund Operating Budget Shortfalls in Fiscal Years 2009- 10 and 2010-11 (Finance - 405-05) Action: Approved staff recommendation, adding a restriction that any ending balance funds would be spent only on City services Finance Director Rhoads presented the staff report. City Manager Meurer and Assistant City Manager Cohn presented additional details. Mayor Della Sala opened the floor for public comment. Nelson Vega said that the taxpayer is being crushed right now and is not adequately represented. He asked members of the public to contact Council and let them know how terrible it is right now. Joseph Aiello Jr., native Monterey resident, voiced concerns about the dwindling sales tax revenue, saying that the condition of the Downtown is deteriorating and needs to be rebuilt. Bob Oliver said that the country needs a new direction. He said that surrounding cities might be the first to go, but the bigger they are the harder they fall. Having no further requests to speak, Mayor Della Sala returned the discussion to the City Council. Councilmember Sollecito acknowledged that times are bad, but Monterey still has a lot of great shopping districts. Councilmember Downey supported staff recommendations 1, 2 and 3. She 5  City Council Minutes Tuesday, January 5, 2010 noted that both members of the NIP subcommittee recommended the NIP plan. She said that she does not support the transfer of the remaining $400,000 from NIP to provide a $325,000 ending balance without specific guidelines on how to spend it. On question, City Manager Meurer said that the recommendation would be presented to the NIP at their upcoming meeting. He said that he does not anticipate recommending any grants this year. Councilmember Downey said that she would not want the ending balance spent easily. Assistant City Manager Cohn explained that the ending balance serves as a cushion for unanticipated items. Councilmember Sollecito clarified that he votes to grant money to nonprofit organization because Monterey is a recreation town and they help bring people and revenue to the City. On a motion by Councilmember Haferman, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the proposed strategy for closing General Fund Operating Budget shortfalls in Fiscal Years 2009-10 and 2010-11as recommended by staff, adding a restriction that any ending balance funds would be spent only on City services: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 12. Authorizing a Lease Amendment to Allow a Twelve (12) Month Temporary Closure of Monterey Maritime Museum and History Center for the Specific Purpose of Accommodating a Comprehensive Evaluation of the Collection and Reorganization (Parcel C1b at 5 Custom House Plaza (Plans and Public Works - 206-03) Action: Adopted RDA Resolution No. 841(3-2); Downey and Selfridge voting no) Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened the floor to the Monterey History and Art Association. John Greenwald, President, said that he regrets not having done a good job of informing people of the closure. He assured everyone that the Maritime Museum will continue to be an important part of the museum. He asked the community to join him in saving the museum. Pam Crowe- Weisberg, Executive Director, said that they are in the process of developing an interpretive plan. She outlined the approach for obtaining grants and expressed confidence that the effort to rebuild the museum would be a success. Mayor Della Sala opened the floor for public comments. Ed Crankshaw voiced concerns about eliminating the maritime portion of the museum. Judy Karas, Monterey resident, said that the original Allen Knight Maritime Museum was on Calle Principal, and she believes that part of the problem was having too many paid staff. She suggested that the theater and a visitor information kiosk could remain open. Frank Emerson, Alliance for Sustainable Fisheries, opposed a lease amendment allowing the museum to close and voiced concerns that fishing would be less of an emphasis in the reopened museum. Ernie Maritazo opposed closing the museum. Mike Maraino said that the problem is organizational and fiscal and is unrelated to the subject of the museum. He said that a group is forming that is ready to work to keep the museum open and operating. Carol Todd, Monterey History and Art member and former president, said that she believes the maritime name will stay, and she understands the need for closure. Joseph Aiello asked if the community room would remain open for use, and if there would be exterior remodeling, and he supported keeping the theater open. Linda Wilde, Board Member, said that Ms. Crowe-Weisberg has been working very hard to obtain grants and meet Council's 6 City Council Minutes Tuesday, January 5, 2010 requirements. Eric Sands, Board Member, said that we need to reestablish what Monterey History and Art stands for, and Ms. Crowe-Weisberg is a professional who knows how to get things done. Bob Oliver said that his grandfather worked with the History and Art Association, which gave him an understanding of the community. He opposed closing the museum. Tom Hood, local architect and Board Member, asked Council to support the recommendation. With no further requests to speak, Mayor Della Sala closed public comment on the item. Director Sollecito said that he does not want to see the museum close, but that Council should listen to them. Director Downey said that she would not suport closing the museum without a plan. Director Selfridge said that she has heard from many community members that they are not happy. Chair Della Sala said that the statu quo is no sustainable. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the RDA Board adopted RDA Resolution No. 841 authorizing a lease amendment to allow a twelve (12) month temporary closure of Monterey Maritime Museum and History Center for the specific purpose of accommodating a comprehensive evaluation of the collection and reorganization (Parcel C1b at 5 Custom House Plaza): AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Downey suggested that agendas be arranged that the quicker items could be scheduled first. Councilmember Selfridge reminded people to sign up for CERT training. CITY MANAGER REPORTS City Manager Meurer reported that staff just became aware of and will be investigating a medical marajuana operation that has opened on Lighthouse Avenue. ***Adjourn to Closed Session*** Mayor Della Sala opened the floor for public comments on the closed session item. John Whitacre, Exectuvie Director of Monterey Veterans, asked Council to support the Vets' proposal to lease the facility. Chet McAndrews, Monterey Bay Vets Founder, gave a brief history of the organization. Sam McCloud, Vice President of Monterey Bay Vets, supported the Vets' request to lease the Sea Scout house. April Nero, Ad Hoc Committee to Establish a Veterans Hall and Museum, urged Council to lease the Sea Scout House to the Veterans. James Bogen, United Veterans Council, spoke in support of renting the Sea Scout house to the Monterey Bay Veterans. Joan Bennett, Retired Naval Officer and Past President of Monterey Bay Veterans, supported rental of the Sea Scout house to the Monterey Bay Vets Steve McCullough, veteran, spoke in support of leasing the Sea Scout house to the Monterey Bay Veterans. David Berkowitz spoke in support of leasing the Sea Scout house to Monterey Beach Party. Kelly Conover, Entertainment Director at Adventures by the Sea, supported Monterey Beach Party. Brad Pierce supported Monterey Beach Party's proposal. Michael 7 City Council Minutes Tuesday, January 5, 2010 Adamson, Monterey resident, spoke in support of Monterey Beach Party's proposal. Doug Lanzero spoke in support of the Monterey Bay Vets' proposal. Kimberly Stewler spoke in support of the Monterey Bay Vets' proposal. Having no further requests to speak, Mayor Della Sala closed public comment, and adjourned the meeting to closed session at 12:30 a.m. ADJOURNMENT Having no further business to come before the Council, Mayor Della Sala adjourned the meeting at 12:54 a.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 8