Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 18, 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 (arrived at 7:00 p.m.), Selfridge, Sollecito, Della Sala Absent: Councilmembers: None City Staff City Manager, Assistant City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Finance Director, Human Resources Director, Library Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Deputy Police Chief, Parking Superintendent, Housing & Property Manager, Principal Planners, Traffic Engineer, Employee Relations Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-13) Action: Recognition given Mayor Della Sala presented a proclamation to Army Specialist Andrew White Whitmer, and Specialist Whitmer made brief comments. CONSENT ITEMS City Manager Meurer noted that a member of the public and a Councilmember have requested to remove Item 4 for discussion, and he suggested that Council consider it at the same time they discuss the related Item, number 14. On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Item 4, which was removed for discussion: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None Approval of Minutes 2. April 28, 2010 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman absent) 3. May 4, 2010 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman absent)  City Council Minutes Tuesday, May 18, 2010 Ordinances 4. First Reading - Amending Section 34-42-2.A of Article 3 of Chapter 34 of the Monterey City Code to Change Fees Charged to Video Franchise Holder in Support of Public, Education, and Government Access (City Manager - 107-02) Action: Removed from Consent; continued to evening session (4-0-1; Haferman absent); discussed; passed Ordinance to print (5-0) 5. Second Reading - Amending Monterey City Code § 6-13 to Allow for an Exemption from the Anti-Rabies Vaccination Requirement for At Risk Dogs, (Police - 701-11) Action: Adopted Ordinance No. 3447 (4-0-1; Haferman absent) Resolutions 6. Receiving Engineer's Report and Adopting a Resolution of Intention to Levy Assessment and Setting Time for Public Hearing – Alvarado Street Maintenance District 85-1 (Plans and Public Works - 407-08) Action: Adopted Resolution No. 10-062 C.S. (4-0-1; Haferman absent) 7. Receiving Engineer's Report and Adopting a Resolution of Intention to Levy Assessment and Setting Time for Public Hearing - Calle Principal Street Maintenance District 00-1 (Plans and Public Works - 407-06) Action: Adopted Resolution No. 10-063 C.S. (4-0-1; Haferman absent 8. Approving the Application for Grant Funds for the Urban Greening Planning Grant Program Under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84) (Plans and Public Works - 201-13) Action: Adopted Resolution No. 10-064 C.S. (4-0-1; Haferman absent) Other 9. Denial of Claim - Baker (Finance - 408-04) Action: Denied claim (4-0-1; Haferman absent) 10. Denial of Claim - Harper (Finance - 408-04) Action: Denied claim (4-0-1; Haferman absent) 11. Extending the Approved Locals Parking Program in the Cannery Row Garage and Waterfront Attendant Parking Lot Through December 31, 2010. (Public Facilities - 901-06) Action: Approved (4-0-1; Haferman absent) ***End of Consent Agenda*** Adjourn to Redevelopment Agency Meeting 2  City Council Minutes Tuesday, May 18, 2010 12. Authorizing Staff to Release up to $199,000 in Redevelopment Agency Housing Set-Aside Funds to the Monterey Hotel (406 Alvarado Street) Receiver to Cover Affordable Housing Costs Associated with Filing an Application for Condominium Plan, Managing the "Weatherization Contract", Managing the Construction Site, Property Taxes and Sewer Capacity Fees (Plans and Public Works - 203-02) Action: Adopted RDA Resolution No. 846 (4-0-1; Haferman absent) Property and Housing Manager Marvin presented the staff report. Chair Della Sala opened public comment on the item, and having no requests to speak, closed public comment. Director Downey said that there is no choice but to support this action in order to protect the funds and the other Directors agreed. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the RDA Board adopted RDA Resolution No. 846, authorizing staff to release up to $199,000 in Redevelopment Agency Housing set-aside funds to the Monterey Hotel receiver to cover affordable housing costs associated with filing an application for condominium Plan, managing the "Weatherization Contract", managing the construction site, property taxes and sewer capacity fees: AYES: 4 DIRECTORS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Haferman ABSTAIN: 0 DIRECTORS: None 13. Approving a Resolution Allowing a Special Events Venue at 201 Van Buren Street (Plans and Public Works - 302-01) Action: Adopted RDA Resolution No. 847 (4-0-1; Haferman absent) Principal Planner Cole presented the staff report. Chair Della opened the floor for public comments on the item. Mary Ann Finocchi, Old Town Neighborhood Association Chair, voiced concerns regarding traffic and parking, outside music, hours of operations, and allowing a large venue. She asked the Board to work with the Old Town Neighborhood Association by setting up a subcommittee. Colleen Sullivan, Old Town Neighborhood Association, voiced concerns regarding excessive noise that might emanate from the venue. Paul Davis, representing Jim and Cheryl Cox, provided details about the proposed use and how the Coxes would handle the stated concerns. He said that it is important to move this matter forward so the real estate purchase can be completed. On question, Jim Cox said that the maximum number of people could be limited to 140-150. Peter Baird, Mahoney and Associates Managing Partner, said that the property has been on the market for several months, and he expects that any use for it would likely be similar to this proposal. Having no further requests to speak, Chair Della Sala closed public comments on the item. On question, Principal Planner Cole clarified that the project has been reviewed for parking and traffic concerns, and that it would not be practical for guests to park in the one-hour time limited residential spaces. Director Selfridge said that she would prefer to have a subcommittee work with the neighborhood. Chair Della Sala voiced concerns regarding timing and suggested approval of the staff recommendation with amendments to allow a maximum of 140 guests, specific direction on parking, and direction for the owners to meet with the neighborhood representatives every six months. 3  City Council Minutes Tuesday, May 18, 2010 On question staff confirmed that if conditions of approval are not met, the use can be brought back before the board. Director Downey said that the conditions adequately address the issues. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the RDA Board of Directors adopted RDA Resolution No. 847 allowing a special events venue at 201 Van Buren Street with an amendment to the Conditions of Approval to allow up to 140 maximum guests and adding a Condition for the owners to meet with the neighborhood representatives semi-annually: AYES: 4 DIRECTORS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Haferman ABSTAIN: 0 DIRECTORS: None Adjourn to City Council Meeting PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Eugene Lee, Monterey Peninsula resident, voiced concerns about police activities surrounding a vehicle accident, and he asked the have a hearing on the matter. Bob Oliver said that he does a radio and TV program called "Quantum Leap," people's civil rights are eroding, and he referenced incidents at two intersections. He announced that anyone who has a claim or problem with a City should contact him. With no further requests to speak, Mayor Della Sala closed public comments and clarified that the intersection at Contra Costa and Del Monte is in the City of Seaside. The Assistant City Attorney clarified that the intersection on Fremont street has been fully vetted. PUBLIC APPEARANCE 14. Discussion Regarding the City's Regulatory Role in Telecommunications Matters and Policy Guidance Regarding Carriage of the City's Public, Education, and Government Access Channels on the ATT U-verse System (City Manager - 107-02) Action: Continued to evening session (4-0-1; Haferman absent); authorized the carriage of the City's PEG Access Channels 24, 25, 26, and 27 on the AT&T U-verse system (4-1; Haferman voting no) On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued Items 4 and 14 to the evening session: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Mayor Della Sala adjourned the meeting to closed session at 5:17 p.m., and the City Council reconvened at 7:00 p.m., and all members were present. 4  City Council Minutes Tuesday, May 18, 2010 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators for all employee associations and unrepresented employees, the City Council gave confidential direction to their negotiators on a roll call vote of 4-0-1, with Haferman absent. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Scott Wade submitted packets regarding Greenway medical marijuana clinics, and said that his organization is still interested in moving into Monterey. Richard Ruccello voiced concerns regarding the budget and funding for government services. He urged Council to put a freeze on all City programs. Patrick Halpin said that abandoned shopping carts are popping up throughout town, and he urged the City to have them picked up and put out of site. David Goldberg, concerned citizen and parent, said that people use the parks as a bathroom for their pets, and he voiced concerns about people not picking up after their dogs. Elizabeth Panetta, MPUSD Board Member, gave an update on recent and proposed changes within the school district and invited people to attend a meeting at 7:00 p.m. on Thursday at the IMC. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 15. Consideration of a Resolution Allocating Funds to Prepare Plans for a Streetscape Demonstration Project on Lighthouse Avenue. (Plans and Public Works - 203-07) Action: Adopted Resolution No. 10-065 C.S. Principle Planner Cole presented the staff report. Mayor Della Sala opened the floor for public comments. Rick Johnson, Administrator of the New Monterey Business Association, spoke in favor of the proposal and implored the Council to approve it. Melissa Thoeney, New Monterey Business Association Board Member, asked Council to approve the item. Carl Outzen said that Lighthouse Avenue needs some help, and he supported the proposal. Bob Oliver agreed with the previous speaker and supported the project. Bob Evans, New Monterey resident, urged Council to pass the resolution. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-065 C.S. allocating funds to prepare plans for a streetscape demonstration project on Lighthouse Avenue: 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 AND PLANNING COMMISSION JOINT MEETING Mayor Della Sala Called the joint meeting to order, noting that all members of the Planning Commission were present, as follows: Commissioners Bryant, Davis, Garden, McCrone, Osorio, Widmar, and Chair Stocker. 5  City Council Minutes Tuesday, May 18, 2010 17. Receive Report and Update on the Waterfront Master Plan Process and Consider Accepting the Vision and Goals Directing Staff to Develop Three Master Plan Concepts Based on the Vision and Goals (Plans and Public Works - 201-12) Action: Received report and accepted the Vision and Goals, directing staff to develop three Master Plan concepts Principal Planner Caraker presented the staff report and answered Planning Commissioners' and Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item. Bob Anea, Western Flyer Project, proposed two projects to enhance the plan: return of the Western Flyer boat to Monterey, and establish a multi-media museum to preserve the culture of Monterey's sardine fishing history. John Kilenney, Del Monte Beach Townhouse Association President, asked if the light rail would be part of the waterfront plan, and staff explained that a study of alternatives will be part of the process. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmembers expressed their support for the process and urged people to stay involved or get involved. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council received the report and update on the Waterfront Master Plan process, accepted the Vision and Goals and directed staff to develop three Master Plan Concepts based on the Vision and Goals: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 8:32 p.m., then reconvened the meeting at 8:40 p.m. 18. Receive Report and Update from Staff and the Transportation Agency for Monterey County on the Monterey Branch Line Light Rail Transit Project (Plans and Public Works - 1001-03) Action: Received report Principal Planner Caraker presented the staff report and TAMC Executive Director Hale gave additional details and ran a simulation with assistance from Kristian Hauschauer and Don Bachman. Ms. Hale answered Councilmembers' and Commissioners' questions. Mayor Della Sala opened the floor for public comments. Bob Oliver offered to put together a proposal for a monorail system for comparison. He outlined some of his concerns. Peggy Chandler voiced concerns regarding the proximity of the train to the recreation trail. Robert Crukshank supported light rail. John Kilenney, President of Del Monte Beach Townhouses spoke in opposition to the light rail project. Mike Dawson voiced concerns about the ridership and cost estimates as they relate to ongoing operations and maintenance. Matthew Sunt, Monterey resident, spoke in support of light rail all the way to downtown Monterey, saying that it would enhance the economic viability of the City and air quality. Carl Outzen asked how many jobs would be downtown and how workers would get to Cannery Row. Bob Evans, bicycle commuter, voiced concerns about the tracks overtaking the bike trail in 6  City Council Minutes Tuesday, May 18, 2010 some locations and he opposed the fixed rail solution. Bill Durous submitted a letter to the Council and Commission and spoke in support of light rail. Dan Albert noted that there are still many questions regarding rapid transit buses as an alternative and a presentation similar to tonight's should be made. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Executive Director Hale said that monorail is not in widespread use because of the costs. She said that the project would not remove any of the recreation trail, and the EIR will address traffic and noise impacts. Adjourn to City Council Meeting Mayor Della Sala adjourned the meeting back to the City Council at 10:10 p.m., and the Council took up Items 4 and 14. 4. First Reading - Amending Section 34-42-2.A of Article 3 of Chapter 34 of the Monterey City Code to Change Fees Charged to Video Franchise Holder in Support of Public, Education, and Government Access (City Manager - 107-02) Action: Passed Ordinance to print (5-0) On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council passed the ordinance to print, amending Section 34-42- 2.A of Article 3 of Chapter 34 of the Monterey City Code to Change Fees Charged to Video Franchise Holder in Support of Public, Education, and Government Access: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 14. Discussion Regarding the City's Regulatory Role in Telecommunications Matters and Policy Guidance Regarding Carriage of the City's Public, Education, and Government Access Channels on the ATT U-verse System (City Manager - 107-02) Action: Authorized the carriage of the City's PEG Access Channels 24, 25, 26, and 27 on the AT&T U-verse system (4-1; Haferman voting no) Assistant City Manager Cohn presented the staff report. Mayor Della Sala opened the floor for public comment. Bob Oliver suggested that the Council should communicate to ATT that they should change the access to the PEG channels. Dr. Betty Saxon, AT&T, voiced concerns about the representation on the PEG channels and outlined changes that have been made. She noted that AT&T agrees with the City's PEG calculations. Bob Evans, AMP Board Member and producer, asked Council to continue to encourage AT&T to change the way PEG channels are configured. Paul Congo, Executive Director of AMP, said that AMP is one of the nation's models, and he concurred with the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council received the report and gave policy guidance to carry the City's Public, Education, and Government Access Channels on the ATT U-verse System: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haferman ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 7 City Council Minutes Tuesday, May 18, 2010 COUNCIL COMMENTS Councilmember Selfridge congratulated Jackie Craighead, Woman of the Year. CITY MANAGER REPORTS City Manager Meurer advised Council that a Special Meeting of the NIP has been called with regard to budget issues. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:05 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Services / City Clerk Mayor 8