Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 6, 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, Assistant City Manager, Director of Information Present: Resources/City Clerk, City Attorney, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental , Finance Director, Community Services Director, Police Chief, Deputy Police Chief, Housing & Property Manager, City Engineer, Principal Planner, Traffic Engineer, Harbormaster, Parks & Maintenance Superintendant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, no one came forward, and he closed public comment. Adjourn to Joint City Council and Neighborhood Improvement Program Committee Meeting Council adjourned to a Joint Meeting with the Neighborhood Improvement Program Committee. The following neighborhoods were represented: Aguajito Oaks-Morgan; Alta Mesa-Heuer; Casanova-Oak Knoll-Ruccello; Deer Flats-Robinette; Del Monte Beach-Fields; Del Monte Grove-Laguna Grande-Alley; Fisherman's Flats-Reed; Monterey Vista-Jannasch; New Monterey-Dwight; Old Town-Harrison; Skyline Ridge-Lieberman; Villa Del Monte-Conte PUBLIC APPEARANCE 1. Review of NIP Processes According to Charter, and Consider NIP Committee Request to Release and Build NIP Projects Currently on Hold - Council Special Joint Meeting with Neighborhood Improvement Program Committee - Continued from July 27, 2011 (Plans & Public Works - 808-01) Action: Approved the NIP Committee Request to release and build NIP projects currently on hold City Engineer Reeves presented the staff report, and recommended that Council discuss whether to remove any of these projects from hold. The City Council and NIP Committee discussed the projects which had been placed on hold and whether those projects address health and safety issues. City Council Minutes Tuesday, September 6, 2011 Mayor Della Sala opened the floor for public comments on the item. Mike Brassfield, CONA Alternate NIP Representative, supported releasing projects from hold. Richard Lind, Del Monte Beach Alternate, spoke in support of taking the projects off of hold. Tom Rowley said that projects have continually become more complex and more expensive. He supported taking projects off of hold. Mary Ann Finocchi, Old Town Alternate, spoke in support of releasing funds for the projects. Colleen Sullivan, Old Town resident, spoke in support of taking the projects off of hold. Robert Larson, NIP Alternate, supported releasing the projects from hold. Lee Whitney, Glenwood Neighborhood, supported releasing the funding for the projects on the list. Having no further requests to speak, Mayor Della Sala closed public comment on the item. It was moved by Councilmember Sollecito, and seconded by Councilmember Selfridge, to approve the NIP Committee request to release and build NIP projects currently on hold. Mayor Della Sala asked for clarification regarding the project for the intersection of Casa Verde and Encina. Mr. Reeves explained that the funding for the project. On question, the motion maker and seconder indicated that project is part of the motion and any issues could be worked out through the normal NIP process. Mr. Reeves clarified that if an adjacent property owner objects, the project would not go forward. Councilmember Haferman said that he would support the motion, but that he has some concerns regarding this project because of issues brought to his attention through correspondence. 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 Adjourn to City Council Meeting ***Adjourn to Closed Session*** The Council did not adjourn to Closed Session due to the time. Mayor Della Sala called a recess at 5:32 p.m. and reconvened the meeting at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION The Mayor announced that the Closed Session would be held at the end of the evening session. CONSENT ITEMS Councilmember Selfridge asked to comment on Item 4. Councilmember Downey asked to remove Items 2, 4, 12, and 14 from the Consent Agenda. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, except Item 3 on which Councilmembers Haferman and Sollecito registered a no vote, the City Council approved the Consent Agenda, except Items 2, 4, 12 and 14: 2  City Council Minutes Tuesday, September 6, 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 2. August 16, 2011 (Information Resources - 701-09) Action: Removed from Consent; discussed; continued to September 20, 2011 Councilmember Downey said that she would like to include findings in regard to Items 18 and 19 on the August 16, 2011 Minutes. She recalled that there was a discussion that the subject businesses are unique and therefore the fees should be waived. The Council agreed to ask the City Clerk to listen to the tape of the meeting and include the appropriate comments. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the August 16, 2011 Minutes to their next meeting to give the City Clerk the opportunity to listen to the tape pertaining to Items 18 and 19 and include the reasoning behind Council's decisions on those items: 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 Ordinances 3. Second Reading - Adopt an Ordinance to Ban Medical Marijuana Dispensaries in Monterey in All Zones (City Attorney - 203-07) Action: Adopted Ordinance No. 3465 (3-2; Haferman, Sollecito voting no) 4. Second Reading - Approve Revisions and Extension to Monterey City Disposal Service Solid Waste, Recycling and Street Sweeping Franchise Agreement (Plans & Public Works - 802-06) Action: Removed from Consent; discussed; adopted Ordinance 3466 Councilmember Selfridge noted that there are areas that need to be kept cleaner. Councilmember Downey reported on efforts to get area cities to join Monterey in picking up litter on the highway ramps. Councilmember Sollecito said that while he has no problem picking up the litter on the ramps in an emergency situation, he does not want the State to take advantage of the situation. Councilmember Downey advised that the Litter Committee regularly communicates with CalTrans. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Ordinance No. 3466, Revisions and Extension to Monterey City Disposal Service Solid Waste, Recycling and Street Sweeping Franchise Agreement: 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 3  City Council Minutes Tuesday, September 6, 2011 Resolutions 5. Authorize the Appropriation of Funds from the California Historic Preservation Grant; Authorize City Manager to Enter into a Grant Agreement with the California Office of Historic Preservation; and, Initiate the Preparation of a Historic Context Statement and Reconnaissance Historic Survey for the New Monterey Residential Neighborhood and the New Monterey Business District (Plans & Public Works - 209-02) Action: Adopted Resolution No. 11-120 C.S. 6. Eliminate Fish Market Permit Parking Spaces and Establish Permit Parking In Parking Lot #6 (Public Facilities - 901-06) Action: Adopted Resolution No. 11-121 C.S. 7. Amend Resolution 00-172 C.S. and Approve Surf Way Chicanes & Realignment Neighborhood Improvement Program (NIP) Project Recommended Scope Revision ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 11-122 C.S. 8. Approve Funding to California Council for Environmental and Economic Balance (Plans & Public Works - 406-04) Action: Adopted Resolution No. 11-123 C.S. 9. Authorize Membership in the County Supervisors Association of California - Excess Insurance Authority (Finance - 408-06) Action: Adopted Resolution No. 11-124, C.S. 10. Authorize the Appropriation of Funds from a Caltrans Grant for the Mark Thomas Sidewalk and Bike Lane Project and Authorize the City Manager to Enter into an Agreement (Plans & Public Works - 406-04) Action: Adopted Resolution No. 11-125 C.S. 11. Reject Marina Dredging and Disposal Phase 1 Bids and Authorize Purchase of Dredging Equipment ***CIP*** (Plans and Public Works - 405-04) Action: Adopted Resolution No. 11-126 C.S. Other 12. Receive Report on the Potential for the Monterey Peninsula Water Management District to Locate a Desalination Facility on U.S. Navy Property. (Plans & Public Works - 706-08) Action: Removed from Consent; discussed; received and applauded report Chief of Planning and Engineering Rerig presented the staff report. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council received and applauded the report on the potential for the Monterey Peninsula Water Management District to locate a desalination facility on U.S. Navy Property: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, September 6, 2011 RECUSED: 0 COUNCILMEMBERS: None 13. Authorize Workers' Compensation Settlement - D. Potter (Human Resources - 505-02) Action: Approved 14. Extend Cannery Row Garage Locals Parking Program Through December 31, 2013 (Public Facilities - 901-06) Action: Removed from Consent; discussed; approved Councilmember Downey asked if Cannery Row Company has been asked to share the cost of this two-year program. City Manager Meurer suggested that perhaps all parking programs should be reviewed in the same manner. Mayor Della Sala opened the floor for public comments on the item. Frank Donangelo, Cannery Row Company, said that the businesses on the Row are dependent on the locals. He asked Council to give favorable consideration to the proposal. Sharon Dwight, New Monterey resident, supported renewing the program for two years. Joseph Aiello said that locals programs should be supported. With no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council extended the Cannery Row Garage Locals Parking Program through December 31, 2013: 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 ***End of Consent Agenda*** CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Joseph Aiello, Monterey resident, voiced concerns about the cleanliness and other problems occurring Downtown and dilapidated buildings in the vicinity of City Hall. He suggested that the City hire a Downtown liaison. James Morgan gave a progress report regarding parking in the vicinity of Ramona Avenue and asked Council to agendize an item to prohibit overnight parking there and to improve the cleanliness of the area. Nina Beatty, Monterey resident, said that a letter from the PUC's Legal Counsel regarding the SmartMeter issue misstates and omits certain sections of the code. She said that it is clear that the PUC does not have exclusive jurisdiction over utilities. The City Attorney noted that Monterey adopted a resolution regarding this matter, and an opt-in, opt-out provision was adopted by PG&E. George Riley, Citizens for Public Water, said that his group advocates for multiple water resources, not just desal. He said that their objective is to reduce the cost, and he encouraged Council to support an effort to moderate the cost and to encourage the existing agencies to work together on solutions. Sharon Dwight said that PG&E's opt out program simply puts those individuals to the end of the line for getting a SmartMeter. Having no further requests to speak, Mayor Della Sala closed public comments. 5  City Council Minutes Tuesday, September 6, 2011 PUBLIC APPEARANCE 15. Accept Citywide Transportation and Parking Study Preferred Alternative - Continued from August 2, 2011 (Plans & Public Works - 803-12) Action: Approved study of the preferred alternatives for Lighthouse and North Fremont City Manager Meurer introduced the item. Paul Davis, Planning Commission Chair thanked the Council for making the study a priority. Principal Planner Cole and the consultants presented the staff report. Mayor Della Sala opened the floor for public comments. Mary Alice Fettis, Fisherman’s Wharf Association, said that the clockwise loop into the tunnel would not help tourists see the marina as they drive by. Howard Fosler, New Monterey Neighborhood Association, said that his association is completely divided on the issue, and he voiced concerns that the proposal for Lighthouse does nothing to relieve traffic congestion. He noted that many successful downtowns have parking behind the businesses. Dale Ellis, Government Affairs Director of the Monterey Hospitality Association, said that his organization strongly supports the Planning Commission recommendation. He said that maintaining two way streets strengthens the businesses. Carl Outzen voiced support for retaining two way traffic on Lighthouse, but had concerns that the bulb-outs would reduce parking. Bonnie Adams, Executive Director of Cannery Row Business Association, voiced support for keeping Lighthouse two way. John Turner, General Manager of The Clement, spoke in support of maintaining four lanes of two-way traffic on Lighthouse Avenue. Anthony Davi endorsed the Planning Commission recommendation for the modified two way plan on Lighthouse Avenue. Frank Donangelo agreed with the previous speakers and he congratulated the Planning Commission on their work. He supported two way traffic on Lighthouse Avenue. Matt Baskin congratulated staff and the Planning Commission and spoke in support of keeping Lighthouse Avenue a four lane, two way street. Sharon Dwight, New Monterey resident since 1978, said that there is a tremendous amount of traffic traveling across Lighthouse. She supported a one way counter clockwise traffic loop on Lighthouse and Foam and asked Council not to make a decision tonight. Mike Mosebach, Monterey Commercial Property Owners Association President, spoke in support of the Charrette process and planning effort. He supported the recommendation. Ben Ayres, New Monterey resident and real estate broker, explained why two way traffic is important to the business community. He suggested some alternatives that might alleviate some of the traffic and commended the Council. Having no further requests to speak, Mayor Della Sala closed public comments on the item. It was moved by Mayor Della Sala, and seconded by Councilmember Downey, to approve further study of the Preferred Alternative for Lighthouse. 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 6  City Council Minutes Tuesday, September 6, 2011 Mayor Della Sala called a recess at 9:45 p.m., then reconvened the meeting at 10:00 p.m. Staff and the consultants presented the preferred alternative on North Fremont Street. Mayor Della Sala opened public comments on the item. Tom Rowley voiced concerns regarding mergers as traffic comes off of Highway 1, mid block crosswalks, and increasing density along North Fremont. Mary Alice Fettis, North Fremont Business District, supported the recommendation to create a gateway by narrowing the street at the Highway 1 entrance. She supported changing the name of the Monterey portion of the street and a thirty mile per house speed limit. She said there is never enough parking. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Haferman, seconded by Councilmember Downey, and carried by the following vote, the City Council approved a study of the preferred alternative for North Fremont, with a detailed study of mid block cross walks and keeping those to a minimum, a close look at the Highway 1 gateway concept, and consideration of signal synchronization: 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. Receive Report and Recommendation from Waterfront Master Plan Subcommittee Regarding Proposal to Issue Request for Proposal (RFP) for Lease of S.P. Passenger Depot (Plans & Public Works - 405-04) Action: Approved recommendation with the addition of a criteria to return to Council with the process defined to determine fair market value determining the amortization of building improvements Property and Housing Manager Marvin presented the staff report. Mayor Della Sala opened public comment on the item. Tom Rowley said that he attended some of the Wharf Subcommittee meetings, and they were very well run. He suggested integrating this use with the long term use for what is now a medical building. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council received the report and approved the recommendation from Waterfront Master Plan Subcommittee regarding a proposal to Issue Request for Proposal (RFP) for lease of S.P. Passenger Depot and directed staff to return with the process defined to determine fair market value determining the amortization of building improvements: 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 COUNCIL COMMENTS Mayor Della Sala suggested continuing the Closed Session to another meeting and Councilmembers agreed. Councilmember Selfridge announced that on October 23rd the Friends of the Library will be hosting a visiting author. She reminded everyone about the upcoming Art in the Adobes event. She asked to agendize an item to discuss having the 7 City Council Minutes Tuesday, September 6, 2011 boatyard operated by the Harbormaster. Councilmember Downey reported that during the last car auction, the Wharf was closed off from the Portola hotel. She asked to have directional signs that are more visible. Ms. Downey requested that the lectern be returned to the old location and suggested adding a second screen to the Chamber. Assistant City Manager Cohn explained that there is an active project to address both of these issues as part of a permanent ADA upgrade. Councilmember Downey suggested talking with the Jazz Festival about using the Regency Theater. Councilmember Selfridge congratulated the County Fair on their 75th Anniversary. Mayor Della Sala agreed that there is a lack of visibility of the Wharf from the Portola, and he suggested hanging year-round banners. CITY MANAGER REPORTS City Manager Meurer reminded Council that a Retreat is scheduled for November 3rd. Mayor Della Sala noted that there would be an important Study Session on September 28. Councilmembers discussed whether a Retreat was needed at this time, and there was a consensus to cancel the Retreat. ADJOURNMENT Having no further business to come before the Council, Mayor Della Sala adjourned the meeting at 11:15 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 8