Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 3, 2011 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, Police Chief, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Senior Associate Planner, Parks Superintendent, General Services Superintendent, Urban Forester, Building Official, Principal Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Declare May as Building Safety Month (Plans & Public Works - 701-18) Action: Presented proclamation Mayor Della Sala read the proclamation and presented it to Building Official Kuehl. 2. City of Monterey to Receive StormReady Recognition per National Oceanic and Atmospheric Weather Service (Fire - 702-05) Action: Received recognition from the National Weather Service Tom Evans, National Weather Service, made a presentation, reading a letter into the record and presenting a Certificate of Recognition to the Mayor. 3. Tree City USA Presentation/Arbor Week--30 Years (Plans & Public Works - 810-01) Action: Received Tree City USA Award and recognized Arbor Week and the efforts of Monterey's Urban Forestry section City Forester Reid announced the City's 30 year Tree City USA award and introduced James Scheid, San Francisco Bay Area Cal Fire Forester, who made the presentation. CONSENT ITEMS City Manager Meurer said he has requests to remove Items 7 and 9 from the Consent Agenda for discussion. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 7 and 9, which were removed for separate action by the Council:  City Council Minutes Tuesday, May 3, 2011 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 4. April 18, 2011 (Information Resources - 701-09) Action: Approved 5. April 19, 2011 (Information Resources - 701-09) Action: Approved Award of Contracts 6. AWARD-Presidio of Monterey Dental and Medical Clinics Ground Enhancement Project Contract***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 11-043 C.S. Resolutions 7. Approval of No-Interest Loan from PG&E for the Installation of Variable Frequency Drives in the Monterey Sport Center Pool Pump Motors and Authorization of Appropriation of Funds (Plans & Public Works - 409-02) Action: Removed from Consent; discussed; adopted Resolution No. 11-044 C.S. Assistant Public Works Director Uslar answered Councilmembers' questions. Mayor Della Sala opened the floor for public comment on the item, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Selfridge, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-044 C.S., approving a no- interest loan from PG&E for the installation of variable frequency drives in the Monterey Sport Center pool pump motors and authorizing an appropriation of funds: 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. Ratification of an Award of Contract to Property Restoration Services for Emergency Abatement and Repair of Fire, Smoke and Water Damage to Presidio of Monterey, Building 645 (Plans & Public Works - 807-02) Action: Adopted Resolution No. 11-045 C.S. 9. Award of Contract to Wald, Ruhnke and Dost Architectural Team to Prepare Downtown Streetscape, Plaza and Urban Design Plan (Plans & Public Works - 201-12) Action: Removed from Consent; discussed; and adopted Resolution No. 11-046 C.S. (3- 2  City Council Minutes Tuesday, May 3, 2011 1-1; Selfridge voting no, Della Sala not participating due to a potential conflict of interest) Mayor Della Sala announced that he has a potential conflict of interest with this item due to his property holdings and would not be participating in this discussion. He handed the gavel to Vice Mayor Haferman and left the Chamber. Principal Planner Cole presented the staff report. Vice Mayor Haferman opened the floor for public comments on the item. Mike Mosebach, MCPOA President, spoke in support of the staff recommendation to award the contract to Wald, Ruhnke and Dost. He clarified that his Board has approved $50,000 for this study and said that this is extremely important to the businesses. Henry Ruhnke explained that the scope of the project has already been reduced through negotiations and he believes that continuity is important for this project. Carl Outzen said that MCPOA represents property owners throughout the City, not just Downtown. He asked if they would provide funds for other areas of the City. He asked who is going to pay to build the project. Rene Boskoff, Monterey Marriott Hotel, spoke in support of the project, saying that the City needs to reinvest in the Downtown. John Narigi, Monterey Plaza Hotel, said that he supports Mr. Ruhnke's firm, the Downtown is the City's core, and he agrees with the staff recommendation. Janine Chicourrat, Portola Plaza Manager and MCHA President, spoke in support of the staff recommendation. Mark Bastist, Hyatt Hotel, spoke in support of the staff recommendation. Jody Hansen, Executive Director of Monterey Peninsula Chamber, supported the staff recommendation. Having no further requests to speak, Vice Mayor Haferman closed public comment on the item. On request of the Vice Mayor, City Manager Meurer clarified the issues and answered questions. He said that the selection process was especially rigorous for this proposal. It was moved by Councilmember Sollecito, and seconded by Councilmember Downey, to adopt Resolution No. 11-045, awarding the contract to Wald, Ruhnke and Dost Architectural Team to prepare the Downtown Streetscape, Plaza and Urban Design Plan. Councilmembers discussed the funding source and timing for the project and the opportunity to raise revenues. Ms. Selfridge said that she would not support the motion because she is uncomfortable spending this money while people are being laid off. 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 The Mayor returned to his seat and the Vice Mayor handed the gavel back to him. Other 10. Approving Cherry's Jubilee Request to Close Streets and Use of City Properties for an Event on September 8, 9, and 10, 2011 (Recreation & Community Services - 302-04) 3  City Council Minutes Tuesday, May 3, 2011 Action: Approved 11. Authorize Letter to USFWS Regarding Proposed Critical Habitat for the Western Snowy Plover (Plans & Public Works - 204-09) Action: Approved 12. Recommend Approval of Workers' Compensation Settlement - K. Davidian (Human Resources - 505-02) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, and having no requests to speak, closed public comments. PUBLIC APPEARANCE 13. Resolution Allocating .0985 acre-feet of Water from the City's Public Projects Reserve Allocation to 316 Alvarado Street (Plans & Public Works - 804-05) Action: Adopted Resolution No. 11-047 C.S. Chief of Planning and Engineering Rerig presented the staff report, and the Mayor explained his reasoning for his recommendation. Mayor Della Sala opened the floor for public comments. Mike Marotta spoke in support of the recommendation, and confirmed that he has submitted plans for review. Dan Bowen, Pinkberry Frozen Yogurt Licensee, gave a brief overview of his company and said that this would be their flagship store for the Central Coast, employing about twenty people. Rick Johnson, Executive Director of OMBA, referenced a letter he submitted and supported the staff recommendation. Mike Mosebach, President of MCPOA, supported the staff recommendation. Bob Masarro, Monterey Resident and Executive Director of MCPOA, spoke in support of the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved Resolution No. 11-047 C.S. allocating .0985 acre-feet of water from the City's Public Projects Reserve Allocation to 316 Alvarado Street, finding that this would facilitate revitalization of an important downtown site, this is a public/private partnership, it is a small amount of water, and it leaves a balance of .2585 acre feet of water in the Public Projects Reserve: 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 noted that the closed session item would be taken up at the end of the evening session. Council recessed at 5:43 p.m., then reconvened at 7:00 p.m., where all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION 4  City Council Minutes Tuesday, May 3, 2011 Information Resources Director/City Clerk Gawf announced that the closed session was not held during the afternoon session and would be taken up later in the evening. She reported that a closed session was held yesterday, May 2, for an employee performance evaluation of the City Manager and the Council conducted that evaluation. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments, and having no requests to speak, closed public comments. PUBLIC HEARING 14. 454 Cedar Street; HPC Application 11-040 (Mills Act Contract and H-2 Historic Zoning); Applicant/Owner Lorene M. and Charles H. Kimzey; R-1-6 Zoning District; Exempt from CEQA Requirements. (Plans & Public Works - 209-05) Action: Passed an Ordinance to print to rezone the property and adopted Resolution No. 11-048 C.S., authorizing a Mills Act contract Associate Planner Hopper presented the staff report. Councilmember Haferman reported that the house has an interesting history and was previously owned by General Gourley. Mayor Della Sala opened the floor for public comments. Charles Kimzey, owner, thanked the staff for explaining the process and helping them through it. Patrick Tregenza, next door neighbor, spoke in support of the application. Having no further requests to speak, the Mayor closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved application 11-040, passing an ordinance to print to rezone the property to H-2 Historic and adopting Resolution No. 11-048 C.S. to approve the Mills Act Contract: 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 15. Provide Policy Direction on the Monterey Peninsula Yacht Club Lease (Plans & Public Works - 704-07) Action: Approved exercising the lease option under modified terms; directed staff to get an appraisal for similar type uses and professional advice; waived the 200% increase in rent; and directed staff to obtain financial and tax statements from the applicant Chief of Planning and Engineering Rerig presented the staff report. Mayor Della Sala opened the floor to the Yacht Club representative. Commodore Joe Headley asked the Council to support a exercising the lease option. Jeff Gorman suggested that the City Council remove Mr. McCrone from the Planning Commission and spoke in support of the lease option for the Yacht Club. Kate Chandler, Junior Sailor, spoke in support of the Yacht Club. Ron Baxter, Monterey resident, spoke in support of the Yacht Club lease, noting that they are responsible for the pilings beneath the building. Sara 5 City Council Minutes Tuesday, May 3, 2011 Duncan spoke in support of the Yacht Club lease. Dylan Harrison spoke in support of the Yacht Club lease. Dr. Joan Channon spoke in support of the Yacht Club. Luis Osorio said that City Councils role is to lead for the support of the community values. He said that the question is what the term of the lease should be, given the current community values. Carol Hutchings, Monterey resident & business owner, spoke in support of the Yacht Club lease. Daniel Emerson supported the Yacht Club lease. Debbie Platt, Monterey resident, spoke in support of the Yacht Club lease. Ken Skate spoke in support of the Yacht Club. Bruce Zinetta said that Mr. McCrone represents the public and is watching out for the taxpayers. He voiced concerns about setting a precedent for subsidizing other leases. Ron Blue, Monterey resident and business owner, spoke in support of the Yacht Club, saying that they are looking for a fair deal. Carol Lieberman spoke in support of the Yacht Club. Frank Pierce, former commodore, spoke in support of the Yacht Club. Uwe Grobecker, Santa Lucia Cafe, supported the Yacht Club, but said that the Waterfront Plan should be finalized before the lease is renewed. Steve Hyland spoke in support of the Yacht Club. Bill Scannel, Monterey resident, said that the club is universally admired in the community, and he encouraged them to take an active role in the master planning process. Dick Clark Yacht Club member, spoke in support of the Yacht club. Dr. Belinda Eisenhauer spoke in support of the Yacht Club lease. Bill McCrone referenced his letter of April 29 and said that the Yacht Club is an asset to Monterey and an appropriate use on the waterfront. He said that the Council is bound by a charter to lease property at fair market rent, this is a private club, and people deserve to know how much the subsidy is. Allen Cheffan spoke in support of extending the Yacht Club lease. Charles Kirkman spoke in support of the Yacht Club. Lane McDaniel spoke in support of the Yacht Club lease. Commodore Headley clarified that they hold two or three regattas each year and the Junior Foundation is a 501c3. Having no further requests to speak, Mayor Della Sala closed public comments. City Manager Meurer clarified that Mr. McCrone has in no way positioned himself as a Planning Commissioner while addressing this issue. Mayor Della Sala called a recess at 8:55 p.m., then reconvened the meeting at 9:05 p.m. It was moved by Councilmember Downey, and seconded by Councilmember Haferman, to approve continuing the current lease month to month until the draft Waterfront plan is complete; have staff research and complete a professional review either by a commercial real estate professional or attorney and advise the City Council on the lease so it will give the City Council an opportunity to make policy decisions with findings regarding value based on comparable properties and if there should be a subsidy; plus obtain a financial statement and a tax return for the City's review and waive the 200% penalty. Councilmember Sollecito said that this is an appropriate use and it brings revenue into the City. He suggested discussing the matter in closed session. Councilmember Downey added to her motion a review of the lease for professional advice, as well as having an appraisal done, and the seconder agreed to the amendment. On the suggestion of the City Attorney, the motion maker and seconder agreed to amend the motion to include a lease term to allow the rent to continue at the current level. On question, Mr. Headley clarified that in order to vest the permit, they would need to begin 6  City Council Minutes Tuesday, May 3, 2011 building in September. Mayor Della Sala called a recess at 9:30 p.m., then reconvened the meeting at 9:37 p.m. City Manager Meurer clarified that there is a goal to obtain vesting on the permit, and he is hearing that the Council is supportive of the Yacht Club, and the intent seems to be to negotiate a new lease with a subsidized rate. Councilmember Haferman suggested exercising the lease option, hinging the determination on the appraisal only, and not including the completion of the Master Plan in the motion. Councilmember Sollecito said that he does not believe the Waterfront Plan needs to be completed prior to making this decision. Councilmember Haferman withdrew his second from the amended motion, and the motion died for lack of a second. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved an exercise of the lease option under modified terms; directed staff to get an appraisal for similar type uses; waived the 200% increase in rent; and directed staff to obtain financial and tax statements from the applicant, clarifying that the modified terms and negotiating strategy would be developed in closed session, the lease would continue on a month to month basis until Council provides direction, and the motion includes all terms of Councilmember Downey’s amended motion, above, except the requirement to complete the draft Waterfront Master Plan: 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 16. Recommendation to the City Council Regarding Use of Archer Park Center (APC) and Archer Park by Bay View Academy (BVA) Charter School and Provide Policy Guidance Regarding any Other Potential Campus Options (Plans & Public Works - 704-10) Action: Gave conceptual approval for the use of Archer Park Center and Archer Park by Bay View Academy Charter School beginning with the 2012-13 school year, and relocate First Night Monterey (3-2; Downey, Selfridge voting no) Assistant Public Works Director Uslar presented the Planning Commission recommendation and Community Services and Library Director Bui-Burton presented additional details. City Manager Meurer said that he found out during the break that the BVA organizers have changed their most recent request and will clarify during their presentation. He noted that this is a major policy decision for the City Council. Mayor Della Sala opened the floor to the BVA representative. Bill Shaw, Board President of BVA, said that the goal is to have a high quality school in New Monterey. He gave a brief history of the sites they have considered, noting that the Del Monte School site offered by the district is not suitable. He requested Council to approve shared use of Hilltop and Archer Park. On question, City Manager Meurer, Mr. Shaw reported that MPUSD officials have indicated that they do not have a current tenant for Bay View School, and it would likely be late summer 7  City Council Minutes Tuesday, May 3, 2011 before they completed their process necessary to lease the school. He said that Superintendent Shepherd did not think it is in the school district's interest for BVA to occupy Bay View School because its success would undermine the success of MPUSD schools. Brian Riechels said that the group feels badly having to change their request again, but as they explored the Del Monte location they had concerns about sharing that facility with some of the adult programs. Rolena Houston, First Night Monterey Board Member and Monterey resident, asked Council to consider the social value that First Night brings to Monterey. Bob Evans spoke in support of the BVA proposal and said that the New Monterey Board is concerned about not having a school in that neighborhood. Mr. Wilson founder of BVA said that the only thing that they are missing at this time is a facility. He said that it is very important for them to remain in New Monterey. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Haferman said that he is leaning toward the Park and Recreation Commission recommendation to allow use of Archer Park Center next year, and Councilmember Sollecito agreed. Councilmember Sollecito said that Del Monte School would be adequate for the first year. Councilmember Selfridge said that it is extremely important for the City to support BVA. Councilmember Downey said that it is too late to do anything this year, and she suggested that BVA go to Del Monte for one year. She said that she would like to work on Hilltop and Archer together for the following year. Mayor Della Sala thanked the BVA Board for their hard work. He said that the City is squeezed due to the time frame and current situation and hurdles. On a motion by Mayor Della Sala, seconded by Councilmember Haferman, and carried by the following vote, the City Council gave conceptual approval for the use of Archer Park Center (APC) and Archer Park by Bay View Academy (BVA) Charter School and relocate First Night Monterey: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Adjourn to Ocean View Community Services District Meeting OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 17. Ocean View Community Services District Quarterly Report (City Attorney 701-03) (City Attorney - 701-03) Action: Received report Adjourn to City Council Meeting COUNCIL COMMENTS Councilmember Selfridge said that she would like the Council to consider a policy to direct staff to purchase Bay View School. Councilmember Downey asked to hear a report from the Blue Ribbon Committee in the near future. She said that $100,000 decisions should not go on the Consent Agenda. City Manager Meurer clarified that the staff recommendation on the Consent Agenda was an implementation of an item the Council had already voted on. Councilmember 8 City Council Minutes Tuesday, May 3, 2011 Downey said that she understands that the philosophy had been voted on, but not the financial part of $100,000, which was a big decision. Councilmember Sollecito said that he might start talking to people in town about a Monterey City School District in the interest of Monterey's kids and the economy. Mayor Della Sala said that the next Waterfront Master Plan meeting would be held on May11, and the next Mayor's ad hoc Committee Meeting will take place in June. He noted the international tenant that has been attracted to the Alvarado site. He said that commercial tenants have been attracted to the downtown burned building site, there is action on the Regency Theater, and the completion at the Monterey hotel is moving forward. He said there is a lot of progress to be thankful for. Councilmember Sollecito said that Senator Blakeslee is putting a bill through the legislature that would make it easier to keep state properties open by cities and individuals. Mayor Della Sala said that this is Clean Air Month in Monterey. CITY MANAGER REPORTS The City Manager had no report. ADJOURNMENT Mayor Della adjourned the meeting in honor of those who have been fighting the global war on terror, and he noted that Monterey is home to DLI and NPS. Council adjourned at 11:15 p.m. Respectfully Submitted, Approved, /s/ /s/ Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9