Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 1, 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, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Fire Chief, Human Resources Director, Library Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Deputy Police Chief, Public Facilities Director, Housing & Property Manager, Principal Planner, Traffic Engineer, Conference Center General Manager, Employee Relations Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS City Manager Meurer noted that a Councilmember has asked to remove Item 11 from Consent for discussion. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Item 11, which was removed for discussion: 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. May 18, 2010 (Information Resources - 701-09) Action: Approved Ordinances 2. Second 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: Adopted Ordinance No. 3448 Resolutions 3. Calling Regular Municipal Election on November 2, 2010 and Requesting Consolidation (Information Resources - 702-02) Action: Adopted Resolutions No. 10-066 C.S. and 10-067 C.S.  City Council Minutes Tuesday, June 1, 2010 4. Amending Resolution No. 09-175 C.S. Revising Scope of Work and Authorizing Staff to Amend the Contract to Include Additive Alternate Bid 1 and Approving Additional Funding for the Install/Modernize Exterior Lighting for Barracks Areas, 800 and 600 Series Buildings -American Recovery and Reinvestment (ARRA) Project ***PMSA*** (Plans and Public Works - 704-05) Action: Adopted Resolution No. 10-068 C.S. 5. Approving Ratification of Emergency Installation of Temporary Boiler for Presidio of Monterey Medical Clinic Building 422 ***PMSA*** (Plans and Public Works - 903-02) Action: Adopted Resolution No. 10-069 C.S. 6. Authorizing the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects at the Presidio and Defense Manpower Data Center (DMDC) ***PMSA*** (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-070 C.S. 7. Adopting the Annual Reports and Approving Resolutions to Set a Public Hearing Date to Levy the Annual Assessment (Plans and Public Works - 407-08) a. Cannery Row Business Improvement District Action: Adopted Resolution No. 10-071 C.S. b. New Monterey Business Improvement District Action: Adopted Resolution No. 10-072 C.S. c. North Fremont Business Improvement District Action: Adopted Resolution No. 10-073 C.S. d. Old Monterey Business Improvement District Action: Adopted Resolution 10-074 C.S. 8. Prohibiting Truck Parking on the 2300 and 2400 Block of North Fremont Street (Plans and Public Works - 901-04) Action: Approved 9. Amending Resolutions 08-178 C.S. and 09-125 C.S. Authorizing Staff to Extend the Contract with Mark Thomas & Company for Program Management and Design Services ***NIP & CIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-075 C.S. 10. Resolution Authorizing One-Hour Time Limit Parking, 9:00 a.m. to 6:00 p.m., Monday Through Friday, Except By Residential Permit, On the 400 Block of Colton Street. (Public Facilities - 901- 01) Action: Adopted Resolution No. 10-076 C.S. 11. Resolution Authorizing Proposed Guidelines for Modification of Monterey Conference Center Rates and Fees to Support Non-Profit Organization's Special Circumstances (City Manager - 307-03) Action: Removed from Consent; report received and discussed; tabled City Manager Meurer presented the staff report. Councilmember Selfridge explained that her objectives include bringing people into the downtown and assisting non profits. She suggested forming a sub-committee. Councilmember 2  City Council Minutes Tuesday, June 1, 2010 Downey said that with so many variables a subcommittee would make sense. 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 Haferman, seconded by Councilmember Sollecito, 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 Other 12. Denial of Claim - Waltrowski (Finance - 408-04) Action: Claim denied ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Richard Ruccello voiced concerns about enforcement of the prohibition of trailer-mounted signs on Fremont Street and asked about progress on the entrance to the city in that area. He said that scrapping the barge might end the fireworks forever. He voiced concerns about spending money that does not need to be spent and asked Council to cut spending. Mr. Cardinalli, voiced concerns about the reduction in the size of the parking lot at Ordway Drugstore. City Manager Meurer explained that this is the result of a disagreement between two downtown businessmen, and discussions are ongoing. Having no further requests to speak, Mayor Della Sala closed public comment. ***Adjourn to Closed Session*** Council adjourned to closed session at 4:33 p.m. Mayor Della Sala called a recess at 4:52 p.m., then reconvened the meeting in open session at 7:00 p.m. where all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that Council received and discussed a report in a conference with labor negotiators regarding all employee associations and unrepresented employees, and no action was taken. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for comments on items not on the agenda. Barbara Bass Evans, Monterey resident, said that the recent Waterfront Master Plan report is incomplete because it does not address the Bus Rapid Transit issue, the light rail proposal, or the history element of the waterfront. Bob Oliver said that he has not been contacted by City staff regarding his comments made at Council meetings. He voiced concerns regarding three traffic tickets he recently received. He again offered to put together a package on a monorail system for comparison with light rail. 3  City Council Minutes Tuesday, June 1, 2010 City Manager Meurer noted that the back of a traffic ticket has instructions on how to contest it. Nelson Vega said that the Regional Water Project needs strong support of the City Council and community. He said that if the project is not fulfilled, there will be a more severe economic downturn than we currently are experiencing. City Manager Meurer said a presentation on water is tentatively scheduled for June 15. Marilyn Shepherd, Monterey Schools Superintend, invited the Council and community to a meeting at Monterey High School of the Monterey Learning Community Advisory Committee and a meeting with the auditor who will answer questions regarding the financial condition of the district. Bob Mulford implored the Council to take control of the local taxi situation. He told of a recent experience of poor taxi service when he arrived at the airport. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC HEARING 13. Consideration of a Planning Commission Recommendation to Override a Recommendation of the Monterey County Airport Land Use Commission for a School at 601 East Franklin (Continued from the April 20, 2010 Meeting) (Plans and Public Works - 203-02) Action: Received report; held Public Hearing; supported the Planning Commission's approval of Use Permit 09-117 for a private school to operate from the site located at 601 East Franklin by overriding the Monterey County Airport Land Use Commission's determination City Manager Meurer said that he met with the applicants and they were able to develop an additional condition that he is now comfortable recommending to the Council for approval. Senior Associate Planner Bennett presented the staff report. He noted that Condition 10 should be corrected to refer to "Carl Miller." He recommended an adding a Condition that would cause the permit to expire 5 years after a new peninsula water source is on line. Mayor Della Sala opened the Public Hearing to the applicant. John Bridges gave a brief history of the process. He stated that this matter is fully under the jurisdiction of the City, not the ALUC, and he referenced a letter from Carl Miller, of the Airport Board. He urged Council to uphold the Planning Commission. Tim Wong, Trinity Christian High Director, said that this is his third year at the school and they take their responsibility to serve the Monterey Peninsula community very seriously. Mayor Della Sal opened the hearing to the general public. Gary Bales said that he has two grandchildren attending the school, and there is a waiting list for next year's freshman class. William Sabo, Monterey Peninsula Airport Board Chair, clarified that it is not the position of his board that aircraft overhead pose a safety hazard. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Councilmembers discussed whether to add the condition that would cause the use permit to expire after new water becomes available. Staff noted that the condition had been negotiated with the applicant, who had agreed to it. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Planning Commission recommendation to override a recommendation of the Monterey County Airport Land Use Commission and issue Use Permit 09-118 for a private school at 601 East Franklin, with a corrected Condition 10; an added condition, "This permit shall expire 5 years after the date a new peninsula water source becomes available and water from the new source is on line and authorized by the MPWMD for allocation to commercial uses in the city:" 4  City Council Minutes Tuesday, June 1, 2010 AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 14. Consideration of a Resolution Creating a Joint Powers Agreement for a Monterey County Regional Taxi Authority and Ordinance Amending Municipal Code Chapter 36 Taxicab Regulations (Continued from the May 4, 2010 Meeting) Recommend continuance to July 6, 2010 (Plans and Public Works - 1001-04) Action: Continued to July 6, 2010 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to July 6, 2010: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 15. Presentation of 2010-11 Operating Budget (Finance - 406-03) Action: Report received and discussed City Manager Meurer introduced the item, and Finance Director Rhoads presented the staff report. Mayor Della Sala opened the floor for public comment on the item. Barbara Bass Evans, Monterey resident, said that she appreciates how the Finance Director presents the budget and that the biggest problems are management salaries and too many managers whose salaries are over $100,000 and too high. City Manager Meurer clarified that many of those $100,000 salaries belong to police and fire employees and are caused by necessary overtime. He noted that employee concessions are included in the budget, and the management positions have been cut by 30% over the past few years. Mayor Della Sala said that all employee groups except one have agreed to concessions for the next fiscal year. Jerry Lushka said that the fishing industry used to be a major source of income for the City, and 93% of the visitors come with the expectation of experiencing coastal living, which includes the fishing industry. He asked for Council's support of the fishing industry. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Haferman noted that revenues are included in the budget for repairs on the stormwater and sewer lines. He asked why the City subsidizes the cemetery, and City Manager Meurer said that the fees are set based on private sector charges, and there is a debt being paid on the columbarium. Councilmember Sollecito said that Sacramento is a major problem with regard to unfunded mandates and raids on city and county revenues. On question Library Director Bui-Burton explained the current role of the Library's Special Services Coordinator. Mayor Della Sala reminded the public that the budget would be up for adoption on June 15. He called a recess at 9:07 p.m., then reconvened the meeting at 9:17 p.m. 5  City Council Minutes Tuesday, June 1, 2010 16. Consideration of Planning Commission Recommendation to: (Plans and Public Works - 203-02) Action: Approved concept and directed staff to scope the traffic and circulation study, identify and have grants in place by fall and identify any additional funding source needed; move forward with the Conference Center feasibility study; and review how to reconfigure Alvarado Street as a two-way street, reviewing its previous two-way configuration. Adopted Resolution No. 10-077, C.S. amending the work program. a. Allocate $285,000 towards a Citywide Transportation and Parking Study to support Downtown Planning efforts; b. Allocate $50,000 for a Downtown Streetscape and Plaza Design Plan to support Downtown Planning efforts; and c. Adopt a Resolution Accepting a Report on the 2009-2010 Work Program and Amending the 2010-2011 Planning Office Work Program to focus staff resources on the preparation of a Downtown Specific Plan. City Manager Meurer introduced the item, and Principal Planner Cole presented the staff report. Mayor Della Sala opened the floor for public comment on the item. Henry Ruhnke, Wald, Ruhnke, & Dost Architects, spoke in support of the Planning Commission recommendation. Chris Chidlock, President of the Monterey County Hospitality Association, supported the recommendation. Nelson Vega supported the Planning Commission's recommendation, saying that it would be an investment in the future. Michael Mosebach, Monterey Commercial Property Owners Association, spoke in support of the Planning Commission's recommendation. Rick Johnson Executive Director of OMBA, supported the Planning Commission recommendation and asked Council to approve the concepts and explore funding opportunities. John Narigi, Monterey Plaza Hotel and Cannery Row Association, supported the recommendation as a way to grow City revenues. Rene Boskoff, Marriott General Manager and MCHA, spoke in support of the Planning Commission recommendation, saying that expansion of the Conference Center is important with regard to competition. David Boquil, Wald Ruhnke and Dost, supported the commission's recommendation. Jeannine Chicourrat, Portola Hotel and Spa General Manager, spoke in support of the recommendation. Anthony Davi, local business man and property owner, spoke in support of the Planning Commission's recommendation. Barbara Bass Evans, New Monterey resident, said that it is time to do something rather than another study. She suggested trying a two-way street on Alvarado. Bob Oliver, Monterey resident, agreed with the previous speakers and urged Council to review their priorities, including Monterey Peninsula Unified School District. Jerry Anderson, Sausito Land Company, said that the Downtown neighborhood deserves to be improved, and he supported making Alvarado a two-way street. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Haferman said that he strongly supports the plan, and said that he would like to do whatever it takes to accomplish the plan and wants to explore where the money might come from. City Manager Meurer said that the money could come from reserves. He urged Council to do the necessary studies. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to approve the Planning Commission recommendation to allocate $285,000 toward a Citywide transportation and parking study; allocate $50,000 for a Downtown streetscape and plaza design plan; and adopt Resolution 10-077 C.S. accepting a report on the 2009-10 work program and amending the 2010-11 planning office work program to focus staff resources on the preparation of a Downtown specific plan; and explore the use of grant funding for the project: 6  City Council Minutes Tuesday, June 1, 2010 Mayor Della Sala said that he supports improving the Downtown, and suggested waiting until September while staff explores and applies for the grants. Councilmember Downey supported approval of the concept with the staff returning with the additional information on the grant. Councilmember Sollecito, amended his motion to approve the concept and wait until September to identify grant funding for the project and Councilmember Haferman agreed, saying that he wants to move forward as soon as possible. Councilmember Downey offered an amendment to the motion to review the previous Alvarado two-way configuration and complete the Conference Center study and the motion maker and seconder accepted the amendment. City Manager Meurer clarified his understanding of the amended motion is that staff would scope the traffic and circulation study, identify grants in order to have the available grants in place by fall, identify funding for any difference, move forward with the Conference Center feasibility study, review the previous Alvarado Street two-way configuration, and prepare to complete the related EIR. Councilmembers agreed. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Due to the lateness of the hour, at 11:25 p.m. Mayor Della Sala asked and received consensus from the City Council to hear Item 17. 17. Consideration of a Planning Commission Recommendation and Resolution to Add a 45 Square- Foot (7'-6" x 6'-0") Ticket Booth at 90 Wharf I (Concession #17) on the Main deck Area of Wharf 1. (Plans and Public Works - 704-07) Action: Adopted Resolution No. 10-78 C.S., adding a requirement that the ticket booth be the minimum height as required by the building code (4-1; Downey voting no) Principal Planner Cole presented the staff report. Mayor Della Sala opened the floor to the applicant. Anthony Lombardo gave a presentation and requested that the Council approve the application. Mayor Della Sala opened the floor for general public comments. Pamela Silkwood, representing Anthony Palma, spoke in opposition to the Planning Commission recommendation, saying that it would be inconsistent with the LCP under the Coastal Act. She suggested a portable ticket booth. Bob Oliver supported the Planning Commission recommendation. Christopher Palmer, Wharfside Limited partner, opposed the recommendation. Kevin Phillips, Managing Partner of Abalonetti Seafood, spoke in opposition and said that the matter should at least be postponed for further study. Dutch Meyer spoke in support of the recommendation. Anthony Palma, Concession 28 master holder of the lease, spoke in opposition to the recommendation, saying that it is outrageous. Mayor Della Sala reopened the floor to Mr. Lombardo for rebuttal, and he said that this building is much smaller than the one that was removed and does not violate the LCP. Having no further 7 City Council Minutes Tuesday, June 1, 2010 requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Downey suggested continuing the item pending more information on a lawsuit that was settled in 1993. Councilmember Sollecito disclosed that he spoke with Mr. Shake prior to the meeting. It was moved by Councilmember Haferman, and seconded by Mayor Della Sala, to adopt the Planning Commission recommendation and Resolution No. 10-078 C.S. to add a 45 square- foot (7'-6" x 6'-0") ticket booth at 90 Wharf I (Concession #17) on the main deck area of Wharf 1, and direct that the ARC review a design that includes the Council's original condition requiring additional glass windows above the height of the rail to be evaluated. Councilmember Downey said that the City has spent millions of dollars on Window to the Bay to protect ocean views, and protecting the view is most important. She voiced concerns about adding clutter and said that she could not support the motion. Councilmember Selfridge said that she supports the requirement for glass above the height of the rail. Mayor Della Sala asked to amend the motion to require the booth to be the minimum height as required by the building code and Councilmember Haferman accepted the amendment. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Downey said that the state is expanding plastic bag regulations, and she asked if the City is ready to move forward with a ban. City Attorney Mall said that Manhattan Beach lost a suit over this issue. Assistant Plans and Public Works Director Uslar reported that the state legislature will vote on AB1998 on Friday to ban plastic bags and place fees on paper bags by 2012. Ms. Downey said she enjoyed the Memorial Day concert. She asked for an update on Trader Joe's parking lot and the Hartnell Gulch path near there. Chief of Planning Rerig said that he would prepare a report. CITY MANAGER REPORTS Due to the lateness of the hour, City Manager Meurer gave no report. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 12:25 a.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Services / City Clerk Mayor 8