Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 21, 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, Community Services Director, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Principal Planner, Senior Associate Planner, Traffic Engineer, Deputy Police Chief, Harbormaster CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS Councilmember Downey asked to remove Item 2 from the Consent Agenda. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Item 2, 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 Ordinances 1. First Reading - Restricting Overnight Parking on Sand Dunes Drive (Plans and Public Works - 901-04) Action: Passed Ordinance to print Resolutions 2. Approving the Application for Grant Funds for the Sustainable Communities Planning Grant and Incentives 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 - 409-02) Action: Removed from Consent; report received & discussed; adopted Resolution No. 10-129 C.S. Principal Planner Caraker presented the staff report and answered Councilmembers' questions. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 10-129 C.S., approving the  City Council Minutes Tuesday, September 21, 2010 application for grant funds for the Sustainable Communities Planning Grant and Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 3. Resolution Authorizing Appropriation of Stuart Day Trust Bequest Funds in the Library Trust Fund (Library - 406-04) Action: Adopted Resolution No. 10-130 C.S. 4. Resolution Authorizing the Appropriation of Funds for the California Historic Preservation Fund Grant 06-10-21911 (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-131 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Mike Dawson referenced a front page article in today's Herald about the Western Flyer, and he supported raising money to bring the Western Flyer back to Monterey. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 5. Consider Adopting an Ordinance to Rezone the Property Located at 504 Larkin Street as a City Historic Resource From R-3-6 to R-3-6-H-2 and Adopting a Resolution Authorizing a Mills Act Contract (Property Tax Savings Program for Historic Structures) for the Property. (Plans and Public Works - 203-02) Action: Held Public Hearing; passed ordinance to print; adopted Resolution No. 10-132 C.S. Senior Associate Planner Hopper presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, returned the discussion to the Council. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed an Ordinance to print to rezone the property located at 504 Larkin Street as a City Historic Resource from R-3-6 to R-3-6-H-2, and adopted Resolution No. 10-132 C.S., authorizing a Mills Act contract for the property: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 6. Consider Adopting an Ordinance to Rezone the Property Located at 660 Madison Street as a City Historic Resource From R-3-6 to R-3-6-H-2 and Adopting a Resolution Authorizing a Mills Act Contract (Property Tax Savings Program for Historic Structures) for the Property. (Plans and Public Works - 203-02) 2  City Council Minutes Tuesday, September 21, 2010 Action: Held Public Hearing; passed Ordinance to print; adopted Resolution No. 10-133 C.S. Senior Associate Planner Hopper presented the staff report. Mayor Della Sala opened the Public Hearing. Don Tiegens, property owner, said that he and his wife are restoring the property and the windows would be addressed in the future. Having no further requests to speak, the Mayor closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed an Ordinance to print to rezone the property located at 660 Madison Street as a City Historic Resource From R-3-6 to R-3-6-H-2 and adopted Resolution No. 10-133 C.S., authorizing a Mills Act contract for the property: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 7. Consideration and Direction Whether to Accept and Process an Application to Amend the Master Plan and Allow the Addition of Boat Slips and 200-foot Guest Dock at the Monterey Bay Boatworks Company Marina Leasehold at 32 Cannery Row (Plans and Public Works - 201-12) Action: Adopted Resolution No. 10-134 C.S. Administrative Analyst Rashkin presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Bart Bruno, Monterey Boatworks Company partner, noted his support for the Western Flyer project and asked for Council support for the addition of the proposed boat slips and guest dock. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 10-134 C.S. and directed staff to accept and process an application to amend the Master Plan and allow the addition of boat slips and 200-foot guest dock at the Monterey Bay Boatworks Company Marina leasehold at 32 Cannery Row: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Councilmember Haferman noted that Council received a letter from John Whitacre of the Sports Rehab Center regarding concerns about ADA accessibility issues. Harbormaster Scheiblauer said that he has clarified with the State Department of Boating and Waterways that the ADA enhancements do not exclude the use of the facility by others. Mayor Della Sala called a recess at 4:44 p.m., then reconvened the meeting at 7:00 p.m. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Barbara Bass Evans announced a fundraising dinner and art auction on November 11 for the Western Flyer Project to bring the historic boat back to Monterey. Bob Oliver submitted a letter regarding 3  City Council Minutes Tuesday, September 21, 2010 the widespread use of antidepressants in the United States and asked for a response to his remarks about Charles Holifield at a February Council meeting. He asked the City to provide a lie detector test for Mr. Holifield. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 8. Monterey Peninsula Unified School District (MPUSD) Presentation on Monterey Learning Community (City Manager - 706-07) Action: Report received and discussed Superintendent Shepherd introduced the MPUSD Assistant Superintendent and Board Members and gave a presentation regarding the District's Blueprint for Success. Assistant Superintendent Albert reviewed some of the enrollment challenges experienced over the past several years and summarized upcoming school closures and boundary changes. Mayor Della Sala opened the floor for public comments on the item. Tim Mahan said that nothing will be lost if Bayview Academy goes forward. Bob Oliver gave some history of school closure process on the Peninsula. Joanna Greenshields, Bayview Parent, said that she was told three weeks ago that the opening of the Charter School would not affect the opening of Monte Vista, and she asked what has changed since then. Raju Silla, Bayview Parent, presented statistics and analysis with regard to Bayview School attendance. Camilla Wilson, Bayview Parent, agreed with a previous speaker about being told previously that Monte Vista School would open even if a Charter School were formed. Clyde Roberson noted the difference in the amount of money spent per child between MPUSD and basic aid districts. He asked if a K-8 school could be maintained at Colton. He thanked the district for their presentation. Former Mayor Dan Albert noted that Carmel and Pacific Grove citizens have passed bond issues to help build new facilities. He said that MPUSD citizens should pass a bond. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On question Assistant Superintendent Albert reviewed the reasons for past school closures. Superintendent Shepherd explained the reasoning as to whether to reopen Monte Vista. She said that the District is working collaboratively with the military with regard to their lease. 9. Approval of Concept of Sharing Hilltop Park Center Site with Bay View Academy Non-Profit Public Benefit Corporation (Community Services - 809-09) Action: Approved the concept of sharing Hilltop Park Center site with Bay View Academy Non-Profit Benefit Corporation Mayor Della Sala clarified that the zoning at Hilltop Center is "O" and the property would have to go through a rezoning process in order to be used as a school. Recreation and Community Services Director Russo presented the staff report. Mayor Della Sala opened the floor to the spokesperson for Bayview Academy. Bill Shaw, New Monterey resident, thanked the City for considering this matter and asked that the Council approve the shared use of the Hilltop Center. He reviewed the group's plans to form the school and their vision for the project. Mayor Della Sala opened the floor for general public comments on the item. Camilla Wilson, founding member of Bayview Academy, presented additional financial details and supported 4  City Council Minutes Tuesday, September 21, 2010 the staff recommendation. Jake VanBuren spoke in support of the staff recommendation. Brian Greenshields, Vice President of Bayview Charter, supported the staff recommendation. Catherine Bros, Seaside resident, parent, and teacher, supported the staff recommendation. Marilyn McMasters, Founding Member of Bayview Academy, spoke in support of the staff recommendation. Cathy Gomes, Bayview parent, supported the staff recommendation. Bob Oliver supported Charter Schools and the staff recommendation. Joanna Greenshields, Bayview parent, spoke in support of the staff recommendation. Bob Evans, New Monterey Neighborhood Association, voiced concerns about closing Bayview School and supported the Charter School at Hilltop Park Center. Clyde Roberson supported the staff recommendation. Having no further requests to speak, Mayor Della Sala returned the discussion to the City Council. Councilmembers voiced their strong support of the formation of the Charter School and the concept of sharing Hilltop Center with Bay View Academy. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the concept of sharing Hilltop Park Center with Bay View Academy non-profit Public Benefit Corporation: 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 9:28 p.m., then reconvened the meeting at 9:40 p.m. 10. Policy Direction Regarding Hiring Outside Bond Advisors Pertaining to the Water Purchase Agreement . (Previously heard at the September 7, 2010 meeting) (City Manager - 804-01) Action: Directed staff to hire a Bond Advisor to advise Council on how the Regional Water Purchase Agreement could be amended to include full membership participation by the municipal advisors with indemnity provisions that would make bonds marketable. City Manager Meurer presented the staff report. Councilmember Downey followed up with additional details saying that it is important to get an objective opinion. Mayor Della Sala voiced concerns about having someone, such as an engineer, other than the Mayors sit at the table as the representatives, but said that he supports hiring a bond advisor with a 'not to exceed' amount. Ms. Downey said that if the representative had a vote it might be a better solution than advisory representatives. Mayor Della Sala opened the floor for public comment. Bob Oliver said that the entire project is a scam because reducing Cal Am's draw from the Carmel River will not solve the problem with it. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Sollecito clarified that the City still believes in the regionalization of the water process and supports this project. Councilmember Selfridge said that Phase I does not provide any new water, and she wants to protect the rate payers by looking at every alternative. Councilmember Downey said that she is fighting for a seat at the table. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to direct staff to issue an RFP to hire outside bond advisors to advise the City Council on how the 5  City Council Minutes Tuesday, September 21, 2010 Regional Water Purchase Agreement could be amended to include full membership participation by the municipal advisors with indemnity provisions, if needed, to make bonds marketable. Councilmember Downey amended the motion to include a not to exceed amount of $15,000, and the seconder 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 It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to recommend ex-parte communication to the PUC that a professional, such as an engineer, be appointed by the municipalities to represent the municipalities as a voting member. Mayor Della Sala said that he is concerned this action would drive a wedge between the cities and Monterey so he will not support the motion. Councilmember Haferman voiced concerns that this is the first he has heard about this suggestion. Councilmember Downey said that it was discussed at the last meeting, when Mr. Haferman was not present. City Attorney Mall advised Council that the motion does not fall within the agenda item and should not be acted upon without proper notice. Councilmember Downey withdrew her motion. Councilmembers agreed to hear an item at their next meeting regarding ex partee communication with the PUC about the formation of the committee. 11. Re-Consideration of City Council Decision Forming a Committee for the Proposed Downtown Specific Plan Schedule and Public Outreach Strategy (Previously heard at (the September 7, 2010 meeting) (City Council - 201-13) Action: Continued to October 5, 2010 Councilmember Sollecito explained that he asked to bring this item back because there is already a successful Blue Ribbon Committee, and he does not see a need for a second committee. Councilmember Downey said that she would like to include representatives of all City Commissions, and Mayor Della Sala noted that there is a Planning Commissioner and NIP Member on the committee. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to the next meeting: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Selfridge noted that the Fisherman's exhibit would be closing, but will reopen. She asked staff to give her an update on Hartnell. She challenged the City Council to walk inside the restroom at the foot of Wharf II. 6 City Council Minutes Tuesday, September 21, 2010 Councilmember Haferman asked to agendize consideration of adopting an ordinance establishing a one-year moratorium on the PGE Smart Meters. Councilmember Downey asked to agendize parking at Via Mirada. CITY MANAGER REPORTS City Manager Meurer announced that the on line City Focus is up. He reminded Council of next week's study Session. He reported that the City recently received $167,000 grant. He said that a field trip to the Monterey History and Art Museum will be scheduled for October 4, and a budget workshop will be held on October 6. ADJOURNMENT Having no further requests to speak, Mayor Della Sala adjourned the meeting at 10:55 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7