Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 16, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS 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, Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Housing & Property Manager, Assistant City Attorney, Principal Engineer, Police Lieutenant, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, except Item 5 on which Councilmember Haferman voted no, 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 RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. November 2, 2010 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Awarding of Contract for the Pacific Street Erosion Control Project ***NIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-162 C.S. Ordinances 3. First Reading - Ordinance Amending Monterey City Code Chapter 11, Emergency Management (Fire - 611-04) Action: Passed Ordinance to print  City Council Minutes Tuesday, November 16, 2010 4. Second Reading - Amending the City of Monterey Zoning Map (Plans and Public Works - 701-13) Action: Adopted Ordinance No. 3456 5. Second Reading - Extension and Amendment of Interim Urgency Ordinance 3441 C.S. of the City of Monterey Establishing a Moratorium on the Establishment and Operation of Marijuana Dispensaries Pursuant to Government Code Section 65858 (City Attorney - 203-07) Action: Adopted Ordinance No. 3454 (4-1; Haferman voting no) Resolutions 6. Reallocation of 2008-09 Proposition 1B Funding (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-163 C.S. 7. Adopting the Annual Report and Approving a Resolution to Set a Public Hearing date to Levy the Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Finance - 407-08) Action: Adopted Resolution No. 10-164 C.S. 8. Authorization of the Appropriation and Transfer of Funds for Three Neighborhood Improvement Program Projects ***NIP*** a. Pacific Street Erosion Control and Shoulder Restoration Phase II (Monterey Vista) b. Lower Presidio Walkway Phase II (Citywide) c. Dennis the Menace Park Security Light Fixtures and Pole Replacement (Citywide) (Plans and Public Works - 406-04) Action: Adopted Resolution No. 10-165 C.S. 9. Adopting the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management Plan (Plans and Public Works - 706-08) Action: Adopted Resolution No. 10-166 C.S. Other 10. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Sam Rashkin, Rick Marvin to Consider a Report on the SP Passenger Depot at 290 Figueroa Street and Provide Direction on Items Related to a New Lease (Plans and Public Works) (Plans and Public Works - 206-03) Action: Approved 11. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Chip Rerig, Sam Rashkin and Rick Marvin to Review and Consider a Proposal to Extend the Term of the Lease for 256 Figueroa Street (London Bridge Pub and Sapporo Japanese Steakhouse (Assessor's Parcel No. N?A Government Land) (Plans and Public Works - 704-07 ) Action: Approved ***End of Consent Agenda*** 2  City Council Minutes Tuesday, November 16, 2010 PUBLIC COMMENTS Mayor Della Sala opened public comments for items not on the agenda. Robert Teresi, fish market owner on Wharf 2, suggested expanding his business to the Train Depot, fashioned after Pike's Place Market, and asked about the leasing schedule for the building. He asked if Monterey would consider selling properties. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 12. Presentation of the Status of the Regional Alternative Water Project (City Manager - 706-04) Action: Presentation made City Attorney Mall presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Lorna Moffett asked the Council to make sure that Roundup is not used at the Wharf again. Mike Zimmerman, Cannery Row Company, voiced a concern about the high cost of the project and said that there needs to be some risk and reward. On question, he said that the Monterey County Hospitality Association absolutely supports the project. On further question, he clarified that cost containment incentives are very important. He confirmed that his group is struggling with unintended consequences that could be brought about by the delay of the project. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Council adjourned to Closed Session at 4:44 p.m., then recessed at 5:30 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m. where all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with Legal Counsel regarding existing litigation in the matter of the application of California-American Water Company for a Certificate of Public Convenience and Necessity, the City Council gave confidential direction to their legal counsel. The roll call vote was 3-2, with Downey and Selfridge voting no. The Council voted unanimously to adjourn the closed session to Thursday, November 18, 2010 at 4:30 p.m. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Lorna Moffett said that Canadian Geese are under an assault by the USDA that will reduce the number of geese, and she voiced concerns about their numbers locally. John Sanders, President of the Monterey Navy League, said that a Pearl Harbor remembrance dinner would be held on December 3rd to honor Monterey heroes who served on the USS Arizona. Paul Bruno, Monterey Peninsula Engineering, thanked the Council for awarding a contract to his firm. Having no further requests to speak, Mayor Della Sala closed public comments. 3  City Council Minutes Tuesday, November 16, 2010 PUBLIC APPEARANCE 13. Consideration of Repealing Municipal Code Section 20-48.6 (Mobile Billboard Advertising) (Plans and Public Works - 609-01) Action: Approved the repeal of Municipal Code Section 20-48.6 that prohibits mobile billboards parked on public streets and/or public parking lots; directed staff to bring an ordinance repealing that section to the December 7, 2010 meeting; and referred the matter to the Police Department to modify the ordinance so it would allow Mr. Beach to use his trailer and return it for Council consideration at a future meeting City Manager Meurer introduced the item, and Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Richard Beach, owner of Papa Murphy's Pizza, said that he follows the rules, as he did when he designed and purchased his mobile sign. He said that the pizza business is very competitive and the sign increases his sales enough for him to be able to pay his bills. He asked Council to change their ordinance so he can use the sign. Lorna Moffett said that the City owes Mr. Beach compensation or should grandfather his sign in. Reanne Eisler agreed with the previous speaker and said that she does not understand how the law is retroactive. City Attorney Mall clarified that this traffic ordinance applies to the current situation not the past. Paul Bruno suggested that exceptions could be granted for certain roads. George Schroeder agreed with the previous speakers and suggested that Council pass an exception or designate a place for the sign. Nina Beatty said that because a businessman made an investment and took actions based on the City's rules, which changed afterward, the City should allow an exception. Having no additional requests to speak, Mayor Della Sala closed public comment. It was moved by Councilmember Downey, and seconded by Councilmember Haferman, to direct staff to return with an ordinance repealing Municipal Code Section 20-48.6 (Mobile Billboard Advertising) on December 7, 2010. Councilmember Haferman amended his motion to add a referral back to the Police Department to modify the ordinance so it would allow Mr. Beach to use his trailer and return it for Council consideration at a future meeting, and Councilmember Downey agreed to the amendment. City Manager Meurer noted that others might come forward to disagree with the revocation of the ordinance. Councilmember Della Sala said that the City did not do anything to intentionally harm this individual. He suggested that as part of the staff analysis of the ordinance, Mr. Beach could work with his landlord to get a dedicated parking space for the trailer to be parked in the front of the parking lot. Mayor Della Sala suggested amending the motion to continue the item so additional options could be explored. Councilmember Haferman declined the amendment, saying that this is a delicate issue, and he is hoping that it can be brought back within a reasonable six months. The motion carried by the following vote: 4  City Council Minutes Tuesday, November 16, 2010 AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala recused himself from hearing the next item due to a potential conflict of interest. He handed the gavel to Vice Mayor Sollecito and left the Chamber. 14. Consideration of Planning Commission Recommendation to Reaffirm the 2008 Design Framework and Guidelines as the Basis for the Downtown Specific Plan and Include an Increased Height Allowance as the Baseline for the Downtown Specific Plan; Consideration of a Planning Commission Recommendation to Prepare a Downtown Streetscape and Plaza Design Concept for incorporation into the Downtown Specific Plan. (Plans and Public Works - 201-08) Action: Approved the Planning Commission recommendation and reaffirmed the 2008 Downtown Design Framework and Guidelines as the basis for the Downtown Specific Plan; included a study of a maximum of five stories as a baseline assumption in the Downtown Specific Plan process; and directed that staff return to the City Council with funding options to prepare a Downtown Streetscape and Plaza Design concept for incorporation into the Downtown Specific Plan (3-1-1; Selfridge voting no, and Della Sala not participating) Principal Planner Cole presented the staff report. Vice Mayor Sollecito opened the floor for public comments. George Schroeder thanked the Planning Commission and staff for bringing back the proposal for five stories, and he spoke in favor of that proposal. Chris Chidlaw, president of the Monterey County Hospitality Association, spoke in support of a revitalized Downtown and read a letter supporting the Planning Commission and staff recommendation. Bonnie Adams, Executive Director of the Cannery Row Business Association, read a letter into the record from the Association's President, Michele Knight, supporting the Planning Commission's recommendation. Michael Mosebach, President Monterey Commercial Property Owners Association, agreed with the previous speaker and supported the Planning Commission recommendation. He read a letter of support from Anthony Davi. James Bryant, resident and small business owner, encouraged the Council to adopt the Planning Commission's recommendation, except the recommendation to consider five stories. He encouraged Council to reopen the adobes that are currently closed. Nelson Vega supported the Planning Commission and staff recommendation, including consideration of five stories. Mike Dawson agreed with Mr. Bryant regarding the Downtown adobes being overshadowed by tall buildings. He supported the Guidelines regarding stepping down next to historic resources. John Narigi, General Manager of the Monterey Plaza, asked Council to think about why the Downtown is in its current state and suggested that it is due to regulations. He supported the Planning Commission's recommendation. Jerry Anderson, Sausito Land Company, said that housing is a central question and taller building heights would allow more people to live Downtown. He urged Council to allow staff to study the five story building height. He noted that the design guidelines address the effect on the adobes. Rene Boskoff, General Manager of Monterey Marriott Hotel, spoke in support of the Planning Commission's recommendation. 5  City Council Minutes Tuesday, November 16, 2010 Lorna Moffett said that Monterey is a sleepy town and that is part of the charm. She opposed five story buildings. Paul Davis, Vice Chair of Planning Commission, said that the recommendation is to give the Planning Commission the opportunity to study the potential impacts and develop a framework for guidelines for five story buildings. On question, he outlined the process if Council were to approve the Planning Commission's recommendation. Having no further requests to speak, Vice Mayor Sollecito returned the discussion to the City Council. it was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to approve the Planning Commission recommendation to reaffirm the 2008 Design Framework and Guidelines as the basis for the Downtown Specific Plan and to study an increased height allowance as the baseline for the Downtown Specific Plan; and approve the Planning Commission recommendation to prepare a Downtown Streetscape and Plaza Design Concept for incorporation into the Downtown Specific Plan. Councilmember Haferman noted that the plan would have to pass CEQA, so he would support the motion. Councilmember Selfridge said that she is uncomfortable studying five stories. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Sollecito NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala Vice Mayor Sollecito called a recess at 9:15 p.m., and Mayor Della Sala returned to the dais and reconvened the meeting at 9:26 p.m. PRESENTATIONS 15. Presentation by Water Plus on Potential Public Ownership of Water Supply and Distribution System (City Manager - 706-04) Action: Presentation made and discussed Ron Weisman gave a presentation advocating public ownership of the Peninsula's water supply and answered Councilmembers' questions. Councilmembers thanked him for the presentation. Mayor Della Sala opened the floor for public comment. Lorna Moffett said she was thrilled with the presentation and she supported public ownership of water. David Loy said that corporate entities have set out to grab the water supply, and he supported public ownership. Mike Dawson said that this is another opportunity to take control of the water supply, and he asked Council to agendize the matter. Paul Bruno said that lack of water has caused the community to suffer and Cal-Am does not represent a corporate grab of the water supply. He said that private enterprise and private water companies are efficient, and noted that the Monterey Peninsula Water Management District is not a model of efficiency. Having no further requests to speak, Mayor Della Sala closed public comment. 6 City Council Minutes Tuesday, November 16, 2010 COUNCIL COMMENTS Councilmember Downey thanked the Herald for their Sunday editorial on water. She asked if the staff is still trying to facilitate the water issue regarding the hair salon on Calle Principal, and Mr. Rerig gave an update on that project. She reported on a Salvation Army benefit where $164,000 was raised for homeless individuals. Councilmember Selfridge congratulated the Half Marathon this weekend. She asked Council to consider how to use volunteers to reopen the State owned adobes. She invited people to the upcoming Whale Fest in January on Fisherman’s Wharf. Ms. Selfridge thanked Jo Greenshields on behalf of the students in Monterey for her work landscaping around Monterey High. Councilmember Sollecito said he recently visited an open house at DLI, and Monterey has the finest individuals in the military at DLI. He reported that he is helping with a Football Bowl at MPC for the Living Breath Foundation, and DLI provided a number of volunteers for the event. Mayor Della Sala agreed that the Half Marathon was a wonderful event for the community that is environmentally sensitive and helps local businesses. He said that the City received high marks at a recent neighborhood association presidents' meeting with the City Manager. CITY MANAGER REPORTS City Manager Meurer reported on public participation in the Priority Based Budgeting process. He noted that there would be a need to hold the Council's December 21 regular meeting. He said staff is still working on a date for the Retreat, and he asked Councilmembers to confirm with the City Clerk if January 10 would fit their schedules. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:25 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 7