Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 2, 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, Selfridge, Sollecito, Della Sala Absent: Councilmember Haferman City Staff City Manager, Director of Information Resources/City Clerk, City Attorney, Present: Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental , Finance Director, Fire Chief, Community Services Director, Human Resources Director, Deputy Police Chief, Principal Planner, Housing & Property Manager, City Engineer, Traffic Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS A member of the public requested removal of Item 4 from the Consent Agenda. Councilmember Downey asked the City Clerk to listen to the tape regarding the last paragraph on page 7 of the July 19 Minutes and amend them as appropriate. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Item 4, which was removed for discussion, and with Item 1 to be amended if appropriate: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. July 19, 2011 (Information Resources - 701-09) Action: Approved with direction to amend if appropriate (4-0-1; Haferman absent) Ordinances 2. Second Reading - Adopt Amendment to Section 19-103 Schedule of Fees and Service Charges and Section 19-104 Development Project Fees: Public Hearing, Notice, Provision of Data (IR - 701-11) Action: Adopted Ordinance No. 3462 (4-0-1; Haferman absent) 3. Second Reading - Adopt Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement System ; Staff recommends continuing this item to August 16, 2011 (IR - 701-11) Action: Continued to August 16, 2011 (4-0-1; Haferman absent)  City Council Minutes Tuesday, August 2, 2011 Resolutions 4. Approve Award of Contract for the Transportation and Parking Study to Include an Interim Bus Rapid Transit line Along Del Monte Avenue (Plans & Public Works - 203-07) Action: Removed from Consent; discussed; adopted Resolution No. 11-110 C.S., with a caveat directing staff to try and negotiate the price downward (3-1-1; Selfridge voting no, Haferman absent) Principal Planner Cole presented the staff report. Mayor Della Sala opened public comments on the item. Tom Rowley supported moving forward with the study and voiced concerns regarding the cost, saying that it should include some alternatives. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. It was moved by Councilmember Downey, to approve an award of Contract for the Transportation and Parking Study to include an interim Bus Rapid Transit line along Del Monte Avenue, but reducing the scope of the study by dropping the study of a two-way line and negotiating a reduced cost. On question, Traffic Engineer Deal explained that the bulk of the cost in a study is taking the traffic counts, and there would not be much of a discount to study only one lane. Councilmember Downey amended her motion to approve the staff recommendation, with direction to try to negotiate the price downward either by a reduction to the scope of the study or a reduction in the pricing for the current scope. On question, Principal Planner Cole said that further negotiations would delay the completion of the transportation study. Councilmember Downey amended her motion, which was seconded by Councilmember Selfridge and carried by the following vote, to adopt Resolution No. 11-110, C.S., awarding the contract for the Transportation and Parking Study to include an interim Bus Rapid Transit line along Del Monte Avenue, with a caveat directing staff to try and negotiate the price downward: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5. Approve Lease with PRIMA Heart for Cardiac Screening and Evaluation Services at Monterey Sports Center (Recreation & Community Services - 309-03) Action: Adopted Resolution No. 11-111 C.S. (4-0-1; Haferman absent) 6. Rescind Resolution #02-119 and Amend Fire Department Schedule of Fees for CPR Heart Saver and CPR Healthcare Provider Training (Fire - 407-06) Action: Adopted Resolution No. 11-112 C.S. (4-0-1; Haferman absent) 2  City Council Minutes Tuesday, August 2, 2011 Other 7. Appoint Administrative Appeal Hearing Board Members (Information Resources - 701-04) Action: Reappointed Members Stocker, Hawkins, Villalpando and Alternate Member Dwight; directed staff to draft an ordinance to include an alternate member; directed staff to draft an ordinance to include two disabled access members (4-0-1; Haferman absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Tom Rowley displayed a map from the 1980s showing the major traffic arteries on the Peninsula. He said that staff sometimes lacks historical perspective. He said Bus Rapid Transit gives flexibility that is not available with light rail. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 8. Receive Report and Consider a Resolution Providing Direction on Lease Terms for Tideland Adjacent to 300 Cannery Row (Plans and Public Works - 206-03) (Plans & Public Works - 101- 10) Action: Referred the lease terms and Mr. McCrone's letter to Ernest Lostrom for further evaluation and directed that the item be brought back to the City Council on August 16, 2011 (4-0-1; Haferman absent) Property and Housing Manager Marvin presented the staff report. Councilmember Downey voiced concerns about not following the appraisal. Mr. Marvin explained the progression of the negotiations. Mayor Della Sala opened the floor for public comments on the item, asking the applicant to explain why they believe six percent rate of return is appropriate and what percentage of the buildout of the project would be subject to the tidelands lease. Anthony Lombardo, attorney representing the applicant, noted that the market has changed markedly since the appraisal, and six percent is the upper end for a rate of return. He said that the State of California will not discuss the Tidelands issue with them, and the Tidelands portion is not the same as the rest of the parcel, as the appraisal assumes. He said that the recommendation is not an ideal solution, but he believes that the lender will finance the project for a long term lease under these terms. Glenn Yonakura said that he is opposed to an annual CPI increase because the increases cannot be passed on to the current tenant, and the bank would not finance the project without that ability. He stated that they have talked to three lenders in regard to this project. Jerry Moison agreed with the previous speakers. He said they are ready, willing, and able to do the project when issues are resolved. Willard McCrone, Monterey resident, said it is important to structure the deal and get the benefit of the bargain. He disagreed with the proposal to cap 3  City Council Minutes Tuesday, August 2, 2011 CPI at 2%. He said that if the appraisal says the property is worth eighty cents per square foot, that is what Council should be charging. He agreed with the recommended fifty year term on the lease, but said that concessions should be tied to performance. Mayor Della Sala asked why the speaker believes the developer is not committed to perform and Mr. McCrone voiced concerns that they had closed escrow without a ground lease in place for the tidelands. Mr. Yonekura explained that they are unable to get financing without an acceptable lease in place. He said that they have spent $4.5 million on the property and have demonstrated a commitment to perform. He clarified that the total cost of the project would be over $15 million. Mayor Della Sala closed public comment on the item. Mayor Della Sala reviewed the potential additional property tax if the project moves forward as contrasted to the detriment to the area if no project is developed, and Councilmember Sollecito agreed. Councilmember Downey, moved to resubmit the lease term to Mr. Lostrom for a final evaluation of the staff recommendation and the letter provided by Mr. McCrone, focusing on rent and addressing the value of subleasing, and the matter returned to Council, and Councilmember Selfridge seconded the motion. Ms. Downey added direction to bring the item back to the City Council on August 16, and the seconder agreed. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 5:57 p.m., and then reconvened the meeting at 7:00 p.m. Councilmember Haferman was absent, and the remaining Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. James Bryant, Monterey resident and co-chair for the Art in the Adobes Festival, reminded everyone about this Thursday's dinner and public auction to benefit the festival. James Morgan, business owner on Ramona Street, asked Council to agendize an item to restrict overnight parking on that street. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 9. Amend Chapter 30, Article 4, of M.C.C to Restructure the Sanitary Sewer Rates and Connection Fees (Plans & Public Works - 802-06) Action: Passed Ordinance to print; adopted Resolution No. 11-113 C.S. (4-0-1; Haferman absent) City Engineer Reeves presented the staff report. Mayor Della Sala opened public comment on the item. Nelson Vega said that borrowing money is not free. He asked why this matter was not addressed ten or fifteen years ago and why fifty percent of the vote is not required to be positive for it to pass, rather than negative for it to fail. Carl Outzen asked when the ballots were sent and if the statement includes the cost of the 4  City Council Minutes Tuesday, August 2, 2011 increase for all fees. He suggested a tiered system for low and moderate income housing. Mike Becker, Cannery Row Company, asked what the expected life time of a sewer pipe is. He said that at some time, the system will be new, and the City would be banking money, so there should be a provision to reduce rates at that time. He asked if a factor has been applied to take into account the number of baby boomers who will become eligible for the senior rate. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Staff addressed the speakers' questions. Councilmember Selfridge voiced concerns that fees are rising, but said that this is a problem that has to be fixed and increasing the fees is the only way to do it. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council passed an Ordinance to print amending Chapter 30, Article 4, of M.C.C to restructure the sanitary sewer rates and connection fees and adopted Resolution No. 11-113 C.S. adding and establishing sewer rates to the City's rate schedule: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 10. Accept Citywide Transportation and Parking Study Preferred Alternative (Plans & Public Works - 203-07) Action: Received, on separate votes, various portions of the Planning Commission recommendation on the Citywide Transportation and Parking Study Preferred Alternative, as outlined in the staff report (4-0-1; Haferman absent) and on the Historic Polk walk (3-1-1; Della Sala abstaining and Haferman absent); and agreed by consensus to complete hearing the item at the September 6, 2011 meeting City Manager Meurer introduced the item, and Principal Planner Cole and the consultants presented the staff report. Mayor Della Sala opened the floor for comments regarding "Street Naming." Jody Hansen, Monterey Peninsula Chamber, urged Council to consider the recommendations. Having no further requests to speak, Mayor Della Sala returned the discussion to the Council. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved a study to rename Fremont and Munras to Alvarado and Munras and Washington to Abrego: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened the floor for public comments on Downtown Circulation-Two-way traffic. Kirk Probasco, former owner of Stokes Adobe restaurant, spoke in support of the recommendation. Jim Cullem commended the efforts and voiced concerns about complex 5 City Council Minutes Tuesday, August 2, 2011 turning movements that might result from two-way streets. Michael Adamson, Monterey resident, asked if consideration has been given to making Alvarado a pedestrian only street. Having no further requests to speak, the Mayor returned discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved a study on two-way traffic on Downtown Streets: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comment regarding Alvarado: Two-way with Wider Sidewalks, Larkin House Plaza and Historic Polk Walk, and with no requests to speak, returned the discussion to the dais. He noted that he would be abstaining from voting on the Historic Polk Walk portion of the recommendation due to a potential for the perception of a conflict of interest. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved a study of Alvarado: Two-Way Street with Wider Sidewalks and Larkin House Plaza: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved a study of the Historic Polk Walk: AYES: 3 COUNCILMEMBERS: Downey, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 1 COUNCILMEMBERS: Della Sala RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened the floor for public comment regarding the Planning Commission recommendation on bicycles. Jim Cullem voiced aesthetic and maintenance concerns regarding some of the proposed pavement markings and signage. There were no further requests to speak, and the Mayor returned the discussion to the City Council. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council received the Planning Commission Recommendation regarding bike boulevards on Pearl/Jefferson and Van Buren, bike lanes on Calle Principal and Tyler, bike/transit street on Pearl between Tyler and Alvarado, and the bicycle parking program: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None 6 City Council Minutes Tuesday, August 2, 2011 RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 9:00 p.m., then reconvened the meeting at 9:15 p.m. Mayor Della Sala opened public comments on the Transit Plaza recommendation, and having no requests to speak, closed public comments. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council received the Planning Commission recommendation regarding moving the Transit Mall to Washington Street and a redesign of Simoneau Plaza: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comment regarding the recommendation on an Expanded Downtown. Michele Knight, Cannery Row Business Association, said that an expanded Downtown offers potential improvement in circulation throughout the City. Barbara Meister, Monterey Bay Aquarium, said that auto transportation is critical and alternatives are also important. She endorsed the recommendation. There were no further requests to speak, and the discussion was returned to the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council received the Planning Commission recommendation on the Expanded Downtown: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comment on the recommendation to extend Alvarado to Scott Street and Scott to Washington Street. Jim Cullem said that Monterey is a very special place, and he opposed extending the streets through the plaza, but would rather make it more accessible to pedestrians. Having no further requests to speak, the Mayor closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council received the Planning Commission recommendation on extending Alvarado to Scott and Scott to Washington: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comments on parking, and having no requests to speak, closed public comments. 7 City Council Minutes Tuesday, August 2, 2011 On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council received the Planning Commission recommendation on the Downtown Parking Management study: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmembers agreed to complete this item at the September 6, 2011 meeting. COUNCIL COMMENTS Councilmember Downey suggested that the Maritime Museum be supplied with brochures about Historic Monterey. She voiced concerns about getting the second tier retirement system in place prior to hiring new employees. She reported on a dinner she attended that was sponsored by the Business Council. Councilmember Selfridge thanked the Police Department for their "Night Out America" participation at tonight's Farmer's Market. She reminded people about the Art in the Adobes event and benefit dinner. Mayor Della Sala reported that there would be a Fishermen's Memorial Dinner at the Monterey Beach House. He reported on the upcoming Bronco World Series. CITY MANAGER REPORTS City Manager Meurer reminded Council about the Hartnell Gulch ribbon cutting on Friday morning. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:00 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 8