Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 7, 2010 4:00 p.m. - 5:30 p.m. 7:00 p.m. - 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, Human Resources Director, Community Services Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Housing & Property Manager, Principal Planner, Senior Assistant City Clerk, Principal Engineer, Senior Associate Planner, Administrative Analyst-Real Estate CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS Mayor Della Sala acknowledged Retiring Fire Chief Sam Mazza, saying that tonight is his last City Council meeting as Monterey's Fire Chief. 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-13) Action: Presentations made Mayor Della Sala presented Proclamations to Lance Corporal Sean Charbonneau and Sergeant Ryan Busse, and each of them made brief comments CONSENT ITEMS City Manager Meurer noted that staff recommends continuance of Item 26 to the December 21st meeting. He asked Council to table Item 11. Councilmember Selfridge asked to have a staff report on Item 9. A member of the public asked to remove Item 5 from the Consent Agenda. Councilmember Downey suggested continuing Item 24 until Council has an opportunity to read the Planning Commission Minutes or review the video. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5, 9, and 11, which were removed for separate action: 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  City Council Minutes Tuesday, December 7, 2010 On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled Item 11: 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 2. October 27, 2010 (Information Resources - 701-09) Action: Approved 3. November 16, 2010 (Information Resources - 701-09) Action: Approved Ordinances 4. Second Reading - Amending Monterey City Code Chapter 11, Emergency Management (Fire - 611-04) Action: Adopted Ordinance No. 3457 5. First Reading - Repealing M.C.C. Section 20-48.6 Mobile Billboard Advertising (City Attorney - 607-09) Action: Removed from Consent; discussed; passed Ordinance to print City Attorney Mall presented the staff report and, on question from Councilmember Downey, clarified the process for the review of the ordinance for possible modification in the future. Mayor Della Sala opened the floor for public comments on the item. Jay Leon voiced concerns regarding graffiti. Robert Larson, Monterey resident, spoke in opposition to the repeal of the Mobile Billboard Ordinance. Lorna Moffett thanked the City Council for their compassion during the last session and supported the ordinance. Richard Beach, Papa Murphy's Monterey, thanked the Council for their consideration. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council passed the ordinance to print, repealing MCC Section 20- 48.6 - Mobile Billboard Advertising: 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 Resolutions 6. Adoption of a Resolution Authorizing Execution of a Contract with the Department of Boating and Waterways, Accepting State Grant Funds for the Vessel Turn-In Program, and Appropriating the Funds (Community Services - 409-02) 2  City Council Minutes Tuesday, December 7, 2010 Action: Adopted Resolution No. 10-167 C.S. 7. Authorizing Issuance of Discount Coupons for Cemetery-related Purchases and Approving Resolution Authorizing a Temporary Reduction in Cemetery Fees Under Resolution 09-079 from 2011 thru 2015 (Plans and Public Works - 407-06) Action: Adopted Resolution No. 10-168 C.S. 8. Amending Resolutions 08-178 C.S., 09-125 C.S., and 10-075 C.S. Authorizing Staff to Extend the Contract Duration with Mark Thomas & Company for Program Management and Design Services by Six Months ***NIP/CIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-169 C.S. 9. Amending Resolution 10-120 C.S., Revising the Scope of Work for the French Consulate Seismic Upgrade and Roof Replacement Project ***CIP/NIP*** (Plans and Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution No. 10-170 C.S. Principal Engineer McMinn presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Jay Leon voiced concerns regarding Americans being unable to get jobs. Having no further requests to speak, Mayor Della Sala returned the discussion to the City Council. On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 10-170 C.S.: 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 10. Awarding Contract for Citywide Printing and Copy Services (Information Resources - 405-04) Action: Adopted Resolution No. 10-171 C.S. 11. Approving Revisions to Police Department Fees (Police - 407-06) Action: Tabled 12. Resolution Amending Resolution 10-107 Extending One Overfill Harbor Security Worker Position Through June 30, 2011 in the Marina & Harbor Division of the Public Facilities Department. (Public Facilities - 502-03) Action: Adopted Resolution No. 10-172 C.S. 13. Approving a Two-Year Contract with an Energy Service Provider to Purchase Electric Power for the City of Monterey (Plans and Public Works - 704-05) Action: Adopted Resolution No. 10-173 C.S. 14. Resolution Amending Resolution 10-088 Adding One Human Resources Assistant Position and Establishing Salary and Deleting One Administrative Assistant II Position in the Human Resources Department (Human Resources - 502-03) Action: Adopted Resolution No. 10-174 C.S. 3  City Council Minutes Tuesday, December 7, 2010 15. Benefit Changes to the City of Monterey Dental and Vision Plans for Dependents, and Authorization to offer a Voluntary Supplemental Insurance Program to City Employees (Human Resources - 504-02) Action: Approved Other 16. Approving the Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2011 ***NIP*** (Plans and Public Works - 701-06) Action: Approved 17. Extending Approved Locals Parking Program at Cannery Row Garage and Waterfront Attendant Lot through December 31, 2011 (Public Facilities - 901-06) Action: Approved 18. Approval of Proposed Donation by the Cannery Row Foundation of a Memorial Statue recognizing Kalisa Moore located at Bruce Ariss Way at Cannery Row (Library - 906-02) Action: Approved 19. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Sam Rashkin, and, Rick Marvin to Consider a Report on Items Related to a New Lease of the Osio-Rodriguez Adobe at 380 Alvarado Street (Plans and Public Works - 206-03 PW-HPM (Plans and Public Works - 206-03) Action: Authorized ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Jay Leon stated that there is a connection between the current recession and the number of illegal immigrants in the country. Bob Wilkens, Vice President of the Monterey Firefighters Association, expressed the appreciation of the members of MFA for the opportunity to work for Chief Mazza over the past few years. Nina Beatty voiced her continuing concerns regarding SmartMeters and asked Council to enact a moratorium. Lorna Moffett said that Council's most important job is to protect citizens' constitutional rights and people have lost their freedoms, and she cited an ordinance against sleeping in cars as an example. Robert Teresi expressed his continued interest in developing the old train depot into a fish market, and suggested that the Council take a field trip to the building. Mary Alice Cerrito Fettis, President of Fishermans Wharf Association, said that her members are very interested in what happens at the train depot. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 20. Consideration of Planning Commission Recommendation to Rezone 487 Monroe Street as a City Historic Resource from R-3-6 to R-3-6-H-2 and Consideration of a Mills Act Contract (Plans and Public Works - 203-02) Action: Passed Ordinance to print rezoning the property and adopted Resolution No. 10- 175 C.S. authorizing Mills Act contract (4-0-1; Haferman not participating) 4  City Council Minutes Tuesday, December 7, 2010 Councilmember Haferman recused himself from hearing this item due to a potential conflict of interest and left the Chamber. Senior Associate Planner Hopper presented the staff report. Mayor Della Sala opened the Public Hearing. Mike Dawson said that he is the former owner of the historic house, and he urged Council to approve the staff recommendation. Having no further requests to speak, Mayor Della Sala closed the hearing. It was moved by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, to pass the ordinance to print rezoning property located at 487 Monroe Street from R-3-6 to R-3-6-H-2; and adopted Resolution No. 10-175, CS authorizing a Mills Act Contract: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Haferman 21. Request to Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID). (Finance - 407-08) Action: Adopted Resolution No. 10-176 C.S. levying assessments on MCTID businesses Finance Director Rhoads presented the staff report. Mayor Della Sala opened the Public Hearing and having no requests to speak, closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 10-176 C.S. to continue levy assessments on lodging businesses within the Monterey County Tourism Improvement District: 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 ***Adjourn to Closed Session*** Council adjourned to Closed Session at 5:15 p.m. Council recessed at 5:55 p.m., and 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 City Real Property Negotiators to consider a proposal to extend the term of the lease for 256 Figueroa Street, the City Council gave confidential direction to their negotiators on a roll call vote of 4-1, with Councilmember Selfridge voting no. Ms. Gawf reported that the second closed session item was not heard and would be considered later in the evening. Mayor Della Sala said that there had been a request to continue Item 26 to December 21 and asked for a motion. 5  City Council Minutes Tuesday, December 7, 2010 On a motion by RDA Director Sollecito, seconded by Director Haferman, and carried by the following vote, the RDA continued Item 26 to December 21, 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 Councilmember Selfridge requested financial reports and a business plan to be presented to the City Council when the item is brought back. Councilmember Downey asked that the Finance Director be prepared to give an analysis of MHA's financial situation. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Terrance Zito, Pacific Grove resident, on behalf of Helping Our Peninsula's Environment (HOPE), gave a presentation and voiced concerns regarding the proposed regional water project. Dan Presser, Monterey resident, continued the presentation saying that the proposed desalination plant would produce the most expensive water ever developed. He proposed building a smaller desalination plant. David Dilworth, HOPE, supported the smaller project and said that the Monterey Peninsula Water Management District has voted unanimously to study it further. Barbara Bass Evans asked Council to agendize a study of the Wharf leases at the earliest possible date. She submitted data compiled from a recent public records request and said that higher rent should be charged for those leases. Marcia Hardy, Oak Grove Neighborhood Association, spoke about the recent event honoring three young men who lost their lives on the Arizona during the bombing of Pearl Harbor. Having no further requests to speak, Mayor Della Sala closed public comment. City Manager Meurer said that the Council has a copy of Mr. McCrone's letter regarding the Wharf leases and the City Attorney's response. He clarified that Wharf rents were recently renegotiated based on three appraisals of fair market value, and those amounts were upheld in arbitration and litigation procedures, where the City prevailed. PUBLIC HEARING 22. Consideration of Proposed Revisions to the Oak Grove Neighborhood Plan; Applicant City of Monterey; Initial Study and Negative Declaration Proposed. (Plans and Public Works - 201-12) Action: Adopted Resolutions 10-177 C.S. and 10-178 amending the Oak Grove Neighborhood Plan and approving the Negative Declaration Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened the Public Hearing. Marcia Hardy, President of the Oak Grove Neighborhood Association, said that her association voted 16-1 to support architectural review of all single family construction and asked for confirmation that the new regulations require that review. Mayor Della Sala confirmed that the new resolution meets that goal. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolutions No. 10-177 and 10-178 C.S. adopting the Initial Study and Negative Declaration and amending the Oak Grove Neighborhood Plan: 6  City Council Minutes Tuesday, December 7, 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 23. Consideration of Revised Proposed Amendments to Chapter 38, Article 25 of the Monterey Municipal Code, Architectural Review (Plans and Public Works - 201-01) Action: Passed Ordinance to print Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed to print an Ordinance replacing Chapter 38, Article 25, Architectural Review, of the Monterey Municipal Code: 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 PUBLIC APPEARANCE 24. Mixed Use Specific Plan - Consider Planning Commission Recommendation to Use the Draft Mixed Use Land Use Concept as a Basis for the Development of a Mixed Use Specific Plan and Include the Potential Monterey Branch Line Transit Project in the Citywide Transportation and Parking Study (Plans and Public Works - 201-12) Action: Accepted Planning Commission recommendation Principal Planner Caraker presented the staff report. Mayor Della Sala opened the floor for public comments. Barbara Bass Evans said that it is Council's job to listen to the vision of their constituents. She asked Council to place the matter of whether to install light rail on a ballot. Mayor Della Sala noted that the City has gone to great pains to do community outreach on this issue. Councilmember Sollecito clarified that it is premature to put anything on the ballot because no project has been brought forward. Jody Hansen, Executive Director of Monterey Peninsula Chamber of Commerce, spoke in support of the planning process. She said that the City is doing their due diligence in this process to make sure there is flexibility. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council accepted the Planning Commission recommendation to use the Draft Mixed Use Land Use Concept as a basis for the development of a Mixed Use Specific Plan and include the potential Monterey Branch Line Transit Project in the Citywide Transportation and Parking Study: 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 7  City Council Minutes Tuesday, December 7, 2010 25. 290 Figueroa Street ; Receive Report and Provide Policy Direction on Proceeding to Issue Request For Proposal (RFP) for Lease of SP Passenger Depot, Use Expectations and Level of Desired Improvements ( Plans and Public Works - 206-03) Action: Referred to Planning Commission for a recommendation to be brought back to the City Council in February 2011 City Manager Meurer introduced the item, and Administrative Analyst Rashkin presented the staff report. Mayor Della Sala opened public comment on the item. Chet McAndrews, Monterey Bay Vets, urged Council to move forward with the RFP and develop a Veterans Museum at the site. Colonel Robert Hannis agreed and spoke in support of issuing the RFP. Corporal Jerome Morris supported issuing and RFP in order to provide a place for a Monterey Veterans' Museum. Toni Reid spoke in support of the RFP. Avril Nero supported issuing the RFP, saying that there is a great deal of support for a Veterans' Museum at that location. Bill McCrone, Planning Commissioner, suggested referring the matter to the Planning Commission to develop the RFP. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Selfridge moved to accept the report and provide direction to staff, with changes to staff recommendations on item 4 to state that parking would depend on the use, item 6 to not require public restrooms, and item 8 to add a requirement to keep an area to layout and mend nets, and stating that the prime use is to protect the historic building at a prime location. On further discussion Councilmember Selfridge clarified her motion, saying to make public restrooms optional and she has no concerns with items 4 and 8, and the motion died for lack of a second. Councilmember Sollecito said that he would feel more comfortable sending the matter to the Planning Commission and Councilmember Downey agreed. City Manager Meurer asked for clarification that Council wants to direct staff to obtain fair market rent, and there was Council consensus that they do want fair market rent with possible allowance for incentive provisions. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito to refer the matter to the Planning Commission for a recommendation to be returned to the City Council within a reasonable time frame. Councilmember Haferman said that it is very unusual to refer this type of matter to the Planning Commission, and he voiced concerns that any policy issues must be decided by the City Council. On request by Councilmember Selfridge, the motion maker amended the motion to direct staff to bring back the item to a February 2011 meeting. The amended 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 RECUSED: 0 COUNCILMEMBERS: None 8  City Council Minutes Tuesday, December 7, 2010 REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 26. Authorizing the Temporary Closure of the Monterey Maritime Museum and History Center to be Extended to April 15, 2011 (Plans and Public Works - 206-03) Action: Continued to December 21, 2010 COUNCIL COMMENTS Councilmember Downey said that she is sad that the City is not having a Christmas celebration. She said that it is time to do something about regulating plastic bags. Ms. Downey reported on the PUC meeting regarding the Regional Water Project and voiced concerns regarding the potential cost of the water. She clarified that 21 citations were issued in Alta Mesa since January 1. Ms. Downey thanked Ron Weisman for his presentation and she recommended agendizing the matter. Councilmember Selfridge and Councilmember Haferman gave a brief report on their recent trip to Azerbaijan. Councilmember Selfridge asked to agendize the topic of light rail. CITY MANAGER REPORTS City Manager Meurer reminded Council of the swearing in ceremony and meeting with Board and Commission Chairs on December 16; the December 21 Regular Council Meeting; and the all day Retreat on February 23. He reported that the Priority Based Budgeting $500 exercise is ongoing. ADJOURNMENT At 9:30 p.m., Mayor Della Sala adjourned the meeting in honor of the three Oak Grove residents who died on the Arizona in Pearl Harbor 69 years ago today: Yeoman 2nd Class Michael Criscuolo, Seaman 1st Class Thomas Trovato, and John "Jack" Hazdovac. Council adjourned to Closed Session. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with the City Real Property Negotiators to consider a report on the Southern Pacific Passenger Depot at 290 Figueroa Street and provide direction on items related to a new lease, the City Council received and discussed a report. Respectfully Submitted, Approved, /s/ /s/ Bonnie L. Gawf Chuck Della Sala Information Resources Director / City Clerk Mayor 9