Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 21, 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, Human Resources Director, Community Services Director, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Associate Planner, City Engineer, Deputy Police Chief, Housing & Property Manager, Principal Planner, Administrative Analyst-Real Estate CALL TO ORDER Mayor Della Sala called the meeting to order 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Items 1, 3, and 7, 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 Approval of Minutes 1. September 7, 2010 (Information Resources - 701-09) Action: Tabled On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council tabled the September 7, 2010 Minutes: 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 2. December 7, 2010 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, December 21, 2010 Ordinances 3. Second Reading - Adopting Ordinance Repealing Monterey City Code Section 20-48.6 (Mobile Billboard Advertising) (City Attorney - 607-09) Action: Removed from Consent; discussed; continued to evening session City Manager Meurer gave an update on correspondence received since the first reading of the Ordinance. City Attorney Mall explained the legalities surrounding sign regulations. Mayor Della Sala opened the floor for public comment on the item. Marcia Hardy spoke in opposition to mobile billboards and in opposition to repealing the ordinance. Richard Beach, Papa Murphy’s Monterey, said that he has submitted a letter of apology to the Council. He said that he learned integrity from his parents, and his testimony before the City Council two meetings ago was sincere. He said that he did not intend to take Council’s time by posting the sign in his shop, and he is extremely sorry for that and the content of the sign. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that repealing the existing ordinance is not in the best interest of the City. He clarified that his proposal does not have anything to do with the correspondence that the City Council received. It was moved by Councilmember Sollecito to deny the second reading, and Mayor Della Sala seconded the motion. Mayor Della Sala said that he does not believe repealing the mobile billboard ordinance is good for the City. Councilmember Haferman said that he will not support the motion, and would like to move ahead with the repeal, possibly putting the ordinance back in place in one year, which would give Mr. Beach an opportunity to recoup his expense. Councilmember Selfridge suggested continuing the item for two weeks to investigate whether Mr. Beach’s mobile billboard could be parked on private property. City Manager Meurer suggested continuing the item to the evening session so the sign ordinance can be reviewed prior to the Council taking action. Councilmember Sollecito withdrew his motion and the seconder agreed. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the item to the evening session: 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 As a point of order, Councilmember Haferman registered an abstention on Item 5 due to a potential conflict of interest. 4. Second Reading - Adopting Ordinance Amending Chapter 38, Article 25 of the Monterey Municipal Code, Architectural Review (Plans & Public Works - 201-01) Action Adopted Ordinance No. 3458 2  City Council Minutes Tuesday, December 21, 2010 5. Second Reading - Adopt Rezone of Property at 487 Monroe Street from R-3-6 to R-3-6-H2 (Plans and Public Works - 203-02) Action: Adopted Ordinance No. 3459 (4-0-1; Haferman abstaining) Resolutions 6. Awarding a Contract for the Few Memorial Council Chamber HVAC Upgrade and Authorizing an Appropriation of Funds (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-179 C.S. 7. Approval of Resolution Adopting Museums, Cultural Arts and Archives Manager Classification and Salary Schedule and Concurrence with Library Board Recommendation (City Manager - 502-03) Action: Removed from Consent; discussed; continued to January 4, 2010 City Manager Meurer presented the staff report, saying that he has used the retirements of Department Heads as an opportunity to reduce expenses, and has reduced the number of Department Heads by about 40% over the past few years. He noted that there is a cost to this action. Councilmember Selfridge asked to continue the item so she could get more information on the savings on compensation. Councilmember Downey agreed that she would like to continue the item because there is inadequate salary savings information. Ms. Downey suggested that part time department heads might be sufficient for optimal operation of the City. City Manager Meurer said that he would return with more detailed information. Councilmember Sollecito said that just because the City is operating with part time department heads now in order to save money, does not mean that it is desirable to continue in the same mode if the economy improves. Mayor Della Sala clarified that the Councilmembers want to see the salary information broken out for each position. Mayor Della Sala opened the floor for public comments on the item. On question, Clyde Roberson, Library Board Chairperson, explained the Library Board’s rational for recommending this action, saying that it was not a unanimous decision. He noted that many of the library staff members supported this action in front of the Board. He said that avoiding layoffs is one of the Board’s goals. Tandy Messenger, Colton Hall Museum/Cultural Arts Commission Chairperson, said that she understands budget concerns, and while this is not an ideal situation, there is no one better suited for this job. She asked to have the matter resolved as soon as possible. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to January 4, 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 8. Authorizing Extension of Term and Amended Scope of Services to Interim Fire Services Agreement Between Cities of Monterey and Carmel-By-The-Sea (Fire - 601-05 ) Action: Adopted Resolution No. 10-180 C.S. ***End of Consent Agenda*** 3  City Council Minutes Tuesday, December 21, 2010 PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Tom Rowley said that while he has not been able to participate in the recent planning process, he has been watching the meetings. He said that Monterey has a great Planning staff and greater Planning Commission. He said that there has been a breakdown in the planning process, such as not having all the facts and being sidetracked. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 9. Informational Report on Low Impact Development Measures to be Incorporated into the Storm Water Program (Plans and Public Works - 806-11) Action: Received and discussed report Associate Planner Tricia Wotan presented the staff report. City Engineer Reeves presented additional details. City Manager Meurer explained the fiscal and operational impacts of this program. Staff answered Councilmembers’ questions. Mayor Della Sala opened the floor for public comment on the item, and having no requests to speak, closed public comment on the item. Mayor Della Sala recessed the meeting at 5:36 p.m., noting that the closed session item would be taken up at the end of the evening session. He reconvened the meeting at 7:00 p.m., where all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION The Mayor reported that the closed session item would be heard after this evening’s session. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Margot Gibbons asked the City Council to ban single use plastic bags. John O’Neill, Fisherman’s Flats resident, voiced safety concerns regarding demonstrations at Window on the Bay Park. Nina Beatty sang a song protesting the installation of SmartMeters and asking for the repeal of the program. Carol Preddy said that there is a moratorium on SmartMeters in Santa Cruz County, and RF radiation causes cancer. Marilyn Garrett, WAN, agreed with the previous speaker and noted that there is a video on YouTube that outlines the dangers of SmartMeters. She asked Council to adopt an urgency ordinance prohibiting installation of the meters. Barbara Bass Evans thanked the City Council and said that Councilmember Sollecito’s speech to the MPUSD School Board was one of the best that she’s heard. She questioned whether the Council has been fully informed regarding compensation costs, consultant costs, and income from Wharf leases. She asked for help getting a response to a recent public records request. On request of the Mayor, the City Attorney summarized the legal requirements regarding responding to public records requests, and said that staff will respond to Ms. Evans’ most recent request for numerous documents in a timely manner. Having no further requests to speak, Mayor Della Sala closed public comments. PRESENTATIONS 4  City Council Minutes Tuesday, December 21, 2010 10. Presentation on the City of Lankaran (City Council - 102-04) Action: Presentation given Councilmember Selfridge and Councilmember Haferman presented a report on their recent trip to the Lankaran region of Azerbaijan. Mayor Della Sala said that while a formal sister city relationship may not be feasible at this time, he encouraged a continued cultural exchange between Monterey and Lankaran. 3. Second Reading - Adopting Ordinance Repealing Monterey City Code Section 20-48.6 (Mobile Billboard Advertising) (City Attorney - 607-09) Continued from afternoon session Action: Referred to ARC (5-0); denied the second reading (4-1; Haferman voting no) Chief of Planning and Engineering Rerig reviewed the pertinent sections of the sign ordinance, saying that Mr. Beach could apply to park his mobile billboard in the parking lot in front of his business. He said that he is not sure whether it would be approved. Councilmember Downey suggested that sign issues should be continued until after a joint meeting with the ARC and Planning Commission. Councilmember Sollecito disagreed. Mayor Della Sala suggested referring the matter to the ARC On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council referred the matter to the Architectural Review Commission: 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 It was moved by Councilmember Haferman to adopt the ordinance on second reading, and the motion died for lack of a second. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council denied the second reading of the ordinance: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haferman ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala asked that staff give Mr. Beach due consideration regarding his fees for a sign application, and Councilmembers agreed. PUBLIC HEARING 11. 47 Fisherman’s Wharf 1; Appeal 10-233 of ARC Application 10-204; Appellant Chris Shake; Applicant Phil Vanderkraats; Owner City of Monterey; Exempt from CEQA Requirements. Appeal of Architectural Review Committee Approval of Application 10-204 for a Freestanding Sign and a Fin Sign. (Plans and Public Works – 203-02) Action: Upheld Planning Commission and ARC decision to deny the appeal with findings and conditions 5  City Council Minutes Tuesday, December 21, 2010 Principal Planner Cole presented the staff report for both Item 11 and Item 12. Mayor Della Sala opened the Public Hearing for Items 11 and 12 to the appellant. Anthony Lombardo, on behalf of the appellant, said that this is a matter of equal protection under the law. He said that his client made a similar application that received a negative recommendation by staff, so his client amended his application to reduce the size of the proposed sign. He asked that Council develop a standard and apply that standard to everyone. He recommended that the City not take applications from anyone who has active violations. On question, Mr. Lombardo clarified that he supports requiring the applicant to stay consistent with the existing rules. City Manager Meurer clarified that the staff recommendation was the same for both concessions. Mayor Della Sala opened the Hearing to the applicant from Café Fina and Domenico’s. Phil Vanderkratz, Signs by Van, said that the City of Monterey has one of the most reasonable, intelligent staffs that he has ever worked with, and the commissions apply the guidelines in a practical way. He said that it is important to give as much consideration to all businesses in this economic climate. He said that it is time for businesses to work together. Dominic Mecurio, Owner of Café Fina and Domenicos, said that this type of sign already exists on the Wharf. He said that the signs he currently has are all in compliance. On question, ARC Member Dawson clarified the issues that the ARC considered during their review of the application, saying that the board has a lot of artistic and architectural talent. He said that the proposed Café Fina sign over hangs a seating area. Mayor Della Sala suggested that the criteria should include consideration of size and proportion. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. It was moved by Councilmember Downey to continue the item until after a joint meeting with the ARC and Planning Commission, and after discussion, she withdrew her motion. City Attorney Mall said that the applicant has a right to have a decision on their application within a reasonable amount of time, and waiting until after the Study Session would be too long. Councilmember Sollecito said that he does not want a City that is strictly “by the book,” and he does not see any error in the decision by the ARC and Planning Commission. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to uphold the Planning Commission and ARC decision to deny Appeal 10-233 and 10-234, with findings and conditions. Councilmember Downey asked to add to the motion that no applications should be considered until all previous violations have been corrected and finalled, and the motion maker clarified that is part of the motion and is included in the conditions of approval. 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 RECUSED: 0 COUNCILMEMBERS: None 12. 50 Fisherman’s Wharf 1; Appeal 10-234 of ARC Application 10-205; Appellant Chris Shake; Applicant Phil Vanderkraats; Owner City of Monterey; Exempt from CEQA Requirements. Appeal of Architectural Review Committee Approval of Application 10-205 for a Freestanding Sign, Fin Sign, and Chowder Cart. (Plans and Public Works - 203-02) 6  City Council Minutes Tuesday, December 21, 2010 Action: Upheld Planning Commission and ARC decision to deny the appeal with findings and conditions Mayor Della Sala called a recess at 9:30 p.m., then reconvened the meeting at 9:43 p.m., and Council adjourned to the Redevelopment Agency meeting. REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 13. Authorizing the Temporary Closure of the Monterey Maritime Museum and History Center to be Extended to April 15, 2011; (Continued from December 7, 2010) (Plans and Public Works - 206-03) Action: Received report; adopted RDA Resolution No. 849, with a requirement for monthly reports from MHAA City Manager Meurer introduced the item, and Property and Housing Manager Marvin presented the staff recommendation. Mayor Della Sala opened public comment on the item. Sharon Maney, President of Monterey History and Art, gave a progress report and said they plan to work their hardest to get the museum open by April 15. Marissa Mercado, Collections Curator, said that MHAA is open for business and she described recent events in which they have participated, as well as upcoming planned events. Mark Baer, Board Member, expressed his enthusiasm for the project. Ranko Radoman, Board Member said that he is excited to be a part of building the new museum. Thomas Hood, Board Member read from their Strategic Plan, saying that the Board is committed to MHAA’s financial stability. Mary Alice Fettis, Co-chair of Merrianda, spoke about the success of the event. Ann Peterson Burke told the story of Los Amigo, an auxiliary of Monterey History and Art Association. Ms. Maney said that MHAA continues to receive small grants, and has great plans for fund raising. Barbara Bass Evans applauded the enthusiasm of the speakers. She voiced concerns about MHAA not having audited financial statements and the responsibilities of maintaining two buildings. She supported continuing the lease, and considering spinning off the Maritime Museum and issuing an RFP for another group. John Sanders said that he has produced some exhibitions for the museum. He said that he was hoping to see some plans tonight, and would like to have that made available to the public soon. Mayor Della Sala closed public comment on the item. On question, Ms. Mercado said that between now and April exhibits are being constructed around stories, and exhibit plans would be available in January. On question, Ms. Maney said that money has been spent, the budget is frozen, and every cent has been accounted for. Mr. Baer said that a $300,000 budget was approved for the renovation, and there is currently a balance of $160,000. Chair Della Sala said that tonight’s testimony indicates that there is a lot of momentum and enthusiasm. Director Selfridge asked to have monthly reports, and Director Downey asked to see the reviewed financials. It was moved by Chair Della Sal, and seconded by Director Haferman, to adopt RDA Resolution No. 849, authorizing an extension of time for the temporary closure of the Maritime Museum at 5 Custom House Plaza that allows the Museum to be closed until April 15, 2011. Chair Della Sala amended the motion to include requirements for monthly reports from MHAA and the seconder agreed. The motion carried by the following vote: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None 7  City Council Minutes Tuesday, December 21, 2010 ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The RDA Board adjourned back to the City Council meeting. COUNCIL COMMENTS Councilmember Downey asked if the work has to stop on Hartnell Gulch since the rains have started. Chief of Planning and Engineering Rerig said that the conditions of the permit require that the work stops under these weather conditions. Ms. Downey asked if staff is working on a plastic bag ban, and Assistant Public Works Director Uslar said that staff is working on it. Councilmember Downey noted for the public that SmartMeter regulations fall under the jurisdiction of the State. She said that she hopes that the Cultural Arts Commission can help with History Fest. Councilmember Selfridge reported on last Monday’s lighted boat parade. Councilmember Sollecito asked to agendize an urgency ordinance regarding SmartMeters. Councilmember Haferman agreed with the request to agendize. Mayor Della Sala reported that, with the assistance of City and Water District staff, water credits have been obtained for individuals who recently asked Council for help opening a downtown hair salon. 14. Request to Agendize Consideration of City Council Policy Direction Regarding Light Rail Service in the Waterfront Area (City Council - 803-12) Action: Agendized for a future date to be determined by the Mayor and Vice Mayor Councilmember Selfridge said that it is time to have the light rail discussion. She asked to find out what happens if Council says no to light rail, said that she would like to see a budget, and asked if there is a self-supporting light rail system in existence. Mayor Della Sala opened public comment on the item. Michael Albov, representing Doug Weile, said that Foothill Partners supports having this discussion. Robert Curry, Monterey Green Action member speaking for himself, said that light rail has to be given serious consideration, and he supported having a public forum to discuss the matter. He said that light rail can only succeed if it comes into Monterey. Barbara Bass Evans agreed with the previous speakers that light rail is the future for the State, but that between here and Marina is not necessarily the future. She asked to see the costs, safety requirements, and Monterey commitments. Megan Tolbert CSUMB Transportation Planner said that they have a significant interest in having light rail come all the way into Monterey. Having no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that while transportation systems are subsidized, they are cheaper than building roads. He said that fences are not needed any more than they are around a busy boulevard. He said that a public forum should be held when the application is submitted for the branch line. Mayor Della Sala suggested voting to put it on a future agenda, with the Mayor and Vice Mayor determining when that discussion would take place based On a motion by Mayor Della Sala seconded by Councilmember Haferman, and carried by the following vote, the City Council agendized for the future a discussion of light rail with the date to be determined by the Mayor and Vice Mayor: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None 8  City Council Minutes Tuesday, December 21, 2010 ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. Request to Agendize Public Purchase of Local CalAm Water Distribution System (Council - 804-05) Action: No action taken Councilmember Downey said that she would like to get more information about this process. Mayor Della Sala asked how many hours it would take to put together a report. City Manager Meurer said that this goes far beyond the City of Monterey, and the Monterey Peninsula Water Management District would be the proper agency to work on this issue. He reminded Council that there was a vote on this issue a few years ago that was defeated. Councilmember Sollecito suggested forming an ad hoc committee to look into this issue, and he volunteered to serve on that committee. Mayor Della Sala opened public comment on the item. John O’Neill urged the Council to do something on the issue to move it forward. Having no further requests to speak, Mayor Della Sala closed public comment CITY MANAGER REPORTS The City manager had no report. ADJOURNMENT Mayor Della Sala adjourned the meeting to closed session at 11:05 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with real property negotiators to provide direction on items related to a potential new lease at 380 Alvarado Street, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. Respectfully Submitted, Approved, /s/ /s/ Bonnie L. Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9