Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 6, 2010 4:00 p.m. - 5:30 p.m. 7:00 p.m. - 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, Library Director, Recreation & Community Services Director, Public Facilities Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Deputy Police Chief, Housing & Property Manager, Principal Planner, Harbormaster, Principal Engineer, Police Lieutenant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. CONSENT ITEMS City Manager Meurer said that he has requests to remove Items number 6 and 8 from the Consent Agenda. Councilmember Downey and Councilmember Haferman recused themselves from Item #2 because they were not in attendance at the March 16th meeting. On request of Councilmember Selfridge, Principal Engineer McMinn presented a staff report on Item No. 5 and answered questions. Assistant City Manager Cohn clarified that this is phase 2 of a multi phase contract, and noted that it had been deferred due to costs. On question by Councilmember Haferman, City Manager Meurer clarified that the City looks at economies of scale on projects where applicable. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6 and 8, which were removed for separate discussion, and with Councilmembers Downey and Haferman abstaining from voting on Item #2: 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. February 24, 2010 (Information Resources - 701-09) Action: Approved 2. March 16, 2010 (Information Resources - 701-09) Action: Approved (3-0-2; Downey, Haferman abstaining)  City Council Minutes Tuesday, April 6, 2010 Award of Contracts 3. Awarding Contract for the Replace Failing HVAC Components Building 660, POM and HVAC Coil Replacement at Building 842 Project ***PMSA*** (Plans and Public Works - 806-08) Action: Adopted Resolution 10-033 C.S. 4. Awarding Contract for the 420 Estrella Avenue CDBG-R Energy Independence Project: PV and Lighting (Plans and Public Works - 201-09) Action: Adopted Resolution No. 10-034 C.S. 5. Awarding Contract for the Conference Center HVAC Phase II Improvements Project ***CIP*** (Plans and Public Works - 405-04) Action: Report received; adopted Resolution No. 10-035 C.S. Resolutions 6. Authorizing the Appropriation of Funds to Replace One (1) Van for the Police Department and One (1) Half-Ton Pickup Truck for the General Services Division - Presidio of Monterey Base Operations (Plans and Public Works - 812-02) Action: Removed from Consent; discussed; adopted Resolution No. 10-036 C.S. Assistant Public Works Director Uslar presented the staff report, saying that this action is occurring out of the regular budget cycle as a result of catastrophic failures of two vehicles. Mayor Della Sala opened the floor for public comment on the item, no one came forward, and he closed the floor. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council authorized the appropriation of funds to replace one van for the Police Department and one half-ton pickup truck for the General Services Division - Presidio of Monterey Base Operations: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 7. Authorizing the Appropriation of Funds for Two Building Maintenance Projects - Replacement of the Failing Heating and Cooling System in the Council Chambers and the Installation of an Exterior Drainage System at the City Library (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-037 C.S. 8. Awarding Professional Services Contract for On-Call Architectural Design Services 2010-2011 ***CIP, NIP, & PMSA*** (Plans and Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 10-038 C.S. (4-1; Selfridge voting no) Principal Engineer McMinn presented the staff report. Mayor Della Sala opened the floor for public comment, and with no requests to speak, returned the discussion to the dais. 2  City Council Minutes Tuesday, April 6, 2010 Councilmember Selfridge said that she is uncomfortable awarding the entire $300,000 contract to one firm. Councilmember Sollecito said that if there is not much work, it makes common sense to use one architect for the sake of uniformity and consistency. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 10-038 C.S., awarding a professional services contract for on-call architectural design services 2010-2011: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 9. Summary Vacation of an Additional 0.25 foot (3 inch) Strip of the Front Street Right of Way Contiguous with the Monterey Beach Hotel (Plans and Public Works - 803-02) Action: Adopted Resolution No. 10-039 C.S. 10. Adoption of a Resolution in Support of the Local Taxpayer, Public Safety and Transportation Protection Act of 2010 (Finance - 701-01) Action: Adopted Resolution No. 10-040 C.S. Other 11. Approving Old Monterey Business Association Request to Conduct Rats to Riches Car Show Event and Use of City Properties (Recreation - 302-06) Action: Approved 12. Approving Neighborhood Improvement Program Committee Representative for Old Town Neighborhood for Calendar Year 2010 (Plans and Public Works - 808-01) Action: Approved ***End of Consent Agenda*** Mayor Della Sala noted that on the Consent Agenda, the City Council passed a resolution supporting the League of California Cities' Local Taxpayer, Public Safety and Transportation Protection Act of 2010. He urged people to support the initiative. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comment on items not on the agenda. Rhett Smith, owner of 774 Wave Street, said that the City staff is moving to close his business down without giving him the opportunity to address the City Council. He said that a parking payment plan he presented to the City Manager was rejected. Victoria Blazak presented a DVD produced at Wave Street Studios that was video streamed to soldiers in Iraq. Having no further requests to speak, Mayor Della Sala closed Public Comment. City Manager Meurer clarified that the issue is how Mr. Smith will pay for his parking adjustment fee, and that he had presented a very favorable payment plan to assist Mr. Smith, and Mr. Smith did not accept that plan. 3  City Council Minutes Tuesday, April 6, 2010 PUBLIC APPEARANCE 13. Receive Report and Update on the Waterfront Master Plan Regarding Issue Identification and Direct Staff to Draft Vision and Goals Based on Public Input (Plans and Public Works - 201-12) Action: Report received; directed staff to draft vision and goals based on public input. Principal Planner Caraker presented the staff report and Lee Steinmetz presented additional details of the planning process. Councilmembers discussed ways to obtain more specific feedback on issues such as whether to keep or demolish existing buildings. Councilmember Haferman suggested to his colleagues that they tour the waterfronts of other coastal cities. Mayor Della Sala opened the floor for public comment on the item. Craig Zenetta suggested raising Del Monte Avenue so people could see the water as they drive into town. He said that doing away with the businesses to develop the Window on the Bay has reduced revenues. He suggested canvassing people at the site in order to determine preferences, and said that the existing businesses should be left in place. He voiced support for Wave Street Studios. John Kilenny, Del Monte Beach Townhouse Association President, said that beaches are eroding, and he asked that the Master Plan address that issue. Dan Albert, Monterey citizen, suggested that the Conference Center would be a better venue for the workshops, and wondered if there would be a picture of the proposed light rail vision. He asked how one would know if an individual took the online survey multiple times. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council directed staff to draft vision and goals based on public input: 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*** City Manager Meurer stated that staff is withdrawing the first closed session item. Council adjourned to closed session at 5:30 p.m. and reconvened in open session at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made announcements from Closed Session as follows: Item cs1, a conference with the labor negotiators regarding all employee organizations and unrepresented employees, was withdrawn by staff and no closed session was held. Item cs2 was a conference with real property negotiators to consider a report and provide direction on items related to a potential new lease at 380 Alvarado street, and on a unanimous roll call vote, the Council gave confidential direction to their negotiators. Item cs3, a conference between the RDA Board of Directors and real property negotiators, was continued to the evening session. 4  City Council Minutes Tuesday, April 6, 2010 CONTINUED PUBLIC COMMENTS Barbara Bass Evans, New Monterey Neighborhood Association, invited all interested persons to attend two upcoming events, one on April 12 at 7:00 p.m. to hear Dennis Copeland present a summary of New Monterey history, and a second meeting on April 17 at Archer Park Center to celebrate New Monterey History Day. Rhett Smith said that the staff is seeking to close Wave Street Studio for failure to pay parking in lieu fees, and he expressed disappointment that his proposal to pay 50% in cash and 50% in- kind was not brought before the City Council. Mayor Della Sala advised Mr. Smith that the Council's policy is to allow an individual to speak either during public comments in the afternoon session or during continued public comments in evening session, but not both. With no further requests to speak, Mayor Della Sala closed public comment and clarified that the City Council did approve a payment arrangement for Mr. Smith, but he declined that arrangement. He noted that the Council was aware of a more lenient payment schedule offered by the City Manager and ultimately declined by Mr. Smith. PUBLIC HEARING 14. Consideration of an Appeal of a Planning Commission Decision to Approve a Religious Assembly (Monterey Church) in conjunction with an Existing Commercial Recreation and Entertainment use (Golden State Theater) at 417 Alvarado Street. No Building Expansion is Proposed. (Exempt from CEQA Requirements) (Plans and Public Works - 203-06) Action: Upheld the Planning Commission decision and denied the appeal with Findings as outlined in the staff report and Conditions as amended to include language further defining "primary use" in the introductory paragraph Principal Planner Cole presented the staff report. Mayor Della Sala opened the Public Hearing to the appellant. George Schroeder, Managing Partner of the Professional Building of Monterey, stated that the proposed findings are insufficient, and asked Council to approve the permit with the changes he proposes in his April 1, 2010 letter. Mayor Della Sala opened the floor to the applicant. John Bridges stated that this is not a change in use, and he supported the staff recommendation to uphold the Planning Commission's decision and deny the appeal. He asked members of the audience who support the church to stand, and most of the people in the full Council Chamber stood. He introduced Pastor James from Monterey Church, and the pastor made himself available for questions. Mayor Della Sala opened the hearing for members of the general public. Mike Mosebach, Monterey Commercial Property Association, spoke in support of the church use at the State Theater. He said that his organization did not believe that a church venue would be a good permanent use. He requested that the Council establish a definition of the primary use and require that a theater remain the primary use. Robert Gore Jr., local business owner and Monterey Church attendee, spoke in support of the applicant. Carol Fleshon, Monterey resident and business owner and Monterey Church attendee, spoke in support of allowing the church use. Brian Hudgins, Monterey resident, spoke in support of the church use. Mayor Della Sala opened the floor for rebuttal. Mr. Bridges said that he has done his best to better define "primary" and the best definition that anyone could devise is included in the 5  City Council Minutes Tuesday, April 6, 2010 Planning Commission's approval. Mr. Schroeder said that his main concern is that the language in the report is not a condition, and he requested that it be included as a condition. He said that he is mainly concerned with an end date. Mayor Della Sala closed the Public Hearing. On question, City Attorney Mall said that this use is consistent with the City's General Plan, and said that the Council is not allowed under federal law to consider a religious use differently than another commercial use. She said that Council cannot require a review of the use permit in five years unless the applicants agreed to that stipulation. City Manager Meurer noted that the theater had been on the market for sale and available for purchase by anyone. He said that the church has allowed the performing arts center to continue and should be celebrated. Councilmember Sollecito said that Council was so worried that the performing arts center would close that they gave a grant to support the productions. He said that the church seems to be working well for everyone. He moved the staff recommendation, and Councilmember Haferman seconded the motion, agreeing with Mr. Sollecito's comments. Mayor Della Sala offered a friendly amendment to the Conditions of Approval to include language in the introductory paragraph that reads, "will remain the primary, most important/most essential use of the building." The motion maker and seconder agreed to the amendment. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council upheld the Planning Commission decision to approve a religious assembly (Monterey Church) in conjunction with an existing Commercial Recreation and Entertainment use (Golden State Theater) at 417 Alvarado Street and denied the appeal with Findings as outlined in the staff report and Conditions as amended to include language further defining "primary use" in the introductory paragraph: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 15. Consideration of Planning Commission Recommendation for a Major Use Change for 78 Wharf #1 (Concession #21), Wharf Master Plan and Harbor Land Use Plan (LUP) Amendments. Changes Include the Number of Boats, Number of Water Spaces (Parking Spaces), Storage Sheds Under Wharf #1, Floating Dock Extension, Skiffs, Camel, Overnight Stays, and Sailboat Activity Center. (Plans and Public Works - 201-12) Action: Accepted the Planning Commission recommendation, with Findings and Conditions, and keeping the floating dock and one boat at the north end and only using the floating dock to board passengers--not to berth boats; and adopted Resolution No. 10-041 C.S. amending the Wharf Master Plan and Harbor LUP and Resolution No. 10-042 C.S. authorizing the lease (3-2; Downey, Sollecito voting no) Principal Planner Cole presented the staff report, and Harbormaster Scheiblauer offered additional information and details. Mayor Della Sala called a recess at 8:45 p.m., then reconvened the meeting at 8:53 p.m. and opened the Public Hearing to the applicant. Willard McCrone, representing Captain Meyer, supported the Planning Commission recommendation, except regarding the third berthing space at the north end of the pier. He said that the Commission recommended that be deferred, but he said that his client does not believe that a deferral is necessary. He asked that Council allow a maximum of three boats to be 6 City Council Minutes Tuesday, April 6, 2010 berthed, and include the space at the north end of the dock. Mayor Della Sala opened the hearing to members of the public. Dutch Meyer, President of Monterey Sailing, said that there is only one other concessionaire who operates a boat from that bay and others do not operate in the same waters. He agreed with the Planning Commission recommendation that the floating dock remain. Chris Gonzales, student at NPS, said that any safety issue might be caused by the adjacent boat not docking properly. He supported the application. Miles Williams, co-owner of the Post Ranch, spoke in support of the application. Airforce Captain Abby Dougherty, NPS student spoke in support of the application. Moyota Russen, sailing enthusiast and professor of economics, said that these are tough economic times and she supported the application. John Bernhardt spoke in support of the application. Mitch Matthews, Coast Guard Captain, spoke in support of the application. Captain Rebecca Lee spoke in support of the application. Katie Fleener spoke in support of the application. Captain Gene Maly of Carrera Sailing said that he never had a permanent dock and while it was inconvenient, it is possible to operate. He said that he moved to Wharf #2 because of safety issues. He said that Monterey sailing should remove the dock or if they keep it, the boats should not be kept there. Richard Ternullo, owner of Monterey Whale Watch, spoke in opposition to the application due to safety concerns. Pete Bruno, Randy's Fishing, said that safety is an issue and said that the floating dock should only be used for loading and unloading passengers. Tony Rappa, master lease holder, supported the application. With no further requests to speak, Mayor Della Sala opened the hearing for rebuttal. Mr. McCrone said that there would never be an accident caused by sailboats being moored in the proposed location. He asked the Council to approve the Planning Commission recommendation with the exceptions that 1) the lease be amended to allow the space on the north end of the dock; and 2) the requirement for a licensed captain to drive the skiff be dropped because there is already a Coast Guard requirement for that. Mayor Della Sala closed the Public Hearing. It was moved by Councilmember Haferman, and seconded by Mayor Della Sala, to accept the Planning Commission recommendation, keeping the floating dock and one boat at the north end and only using the floating dock to board passengers--not to berth boats; adopt a major use change for 78 Wharf #1 (Concession #21), Wharf Master Plan and Harbor LUP amendments, with Findings and Conditions; and adopt Resolution No. 10-041 C.S. amending the Wharf Master Plan and Harbor LUP and Resolution No. 10-042 C.S. authorizing a lease for 78 Wharf #1. Councilmembers agreed to reopen the Public Hearing for brief answers and asked Captain Meyers which of two solutions would work best from an operations point of view. Captain Meyers voiced concerns with removing the dock or only allowing one berthing space. Captain Lee opposed the motion. Captain Maly supported the motion. Mrs. Dutch Meyer said that the problem with Council's proposal is financial. Captain Dougherty opposed the motion. Mr. McCrone said that the motion would destroy Mr. Meyers' business. Richard Ternullo said that either solution would work from his perspective. 7  City Council Minutes Tuesday, April 6, 2010 Councilmember Downey said that she believes that the Council is ill-suited to micro-manage this business. She said that she supports the Planning Commission's decision with the exception of allowing the floating dock. Mayor Della Sala said that the motion addresses safety issues and he thinks that the floating dock should be allowed to remain in place for boarding purposes. Mayor Della Sala said that the motion addresses safety issues and he thinks the floating dock should be allowed to remain in place. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Selfridge, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Sollecito ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Downey said that the cross dedication was a very nice ceremony and thanked the Diocese and Monterey Engineering for their roles in relocating the cross. She reported that the Board of Supervisors approved the Regional Water Project today, and last night the Water Board removed their support. She said that the City of Monterey has lost an outstanding employee with the passing of Jim Conway and she asked to adjourn tonight's meeting in his memory. Councilmember Selfridge reported that Sudanese student association held a forum at MIIS to discuss problems in Sudan. She offered congratulations to Azerbaijan on the recognition of their spring festival by the United Nations. Ms. Selfridge reported that planting day was phenomenal. She asked to agendize a review of the policy concerning non profits using the Conference Center. 16. Request to Agendize Streetscape Demonstration Project for Lighthouse Avenue (Selfridge) (City Council - 203-07) Action: Agendized for May 4, 2010 On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized for May 4, 2010 a discussion of a streetscape demonstration project for Lighthouse Avenue: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Meurer reported on an upcoming CERT training exercise to be held at the Library, and an upcoming memorial service to honor Mr. Conway. ADJOURNMENT TO CLOSED SESSION Mayor Della Sala asked for a moment of silence in honor of Jim Conway and adjourned the open session of the meeting in his memory. Council adjourned to closed session at 11:00 p.m. 8 City Council Minutes Tuesday, April 6, 2010 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that Item cs3 was a conference between the RDA Board of Directors and real property negotiators to review a report and provide direction on releasing additional RDA housing set-aside funds to the Monterey Hotel (406 Alvarado Street) Receiver, and on a unanimous roll call vote, the RDA Board gave confidential direction to their negotiators. ADJOURNMENT Having no further business to come before the Council, Mayor Della Sala adjourned the meeting at 11:40 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Information Resources/City Clerk Mayor 9