Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 18, 2011 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA CALL TO ORDER City Clerk Gawf noted that no Councilmembers were present at the 4:03 p.m. session and adjourned the meeting for lack of a quorum to 7:00 p.m. Mayor Della Sala called the meeting to order at 7:00 p.m., noting that Councilmembers Selfridge and Sollecito were absent, and all other Councilmembers were present. Councilmembers Present: Councilmembers Downey, Haferman, Della Sala Absent: Councilmember Selfridge, Sollecito 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 , Human Resources Director, Housing & Property Manager, Senior Planner, Traffic Engineer CONSENT ITEMS Staff responded to questions from Councilmember Downey regarding Item 3, the Strategic Initiatives Status Report for October 2011. On a motion by Councilmember Haferman, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Selfridge, Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. September 28, 2011 (Information Resources - 701-09) Action: Approved (3-0-2; Selfridge, Sollecito absent) 2. October 4, 2011 (Information Resources - 701-09) Action: approved (3-0-2; Selfridge, Sollecito absent) Other 3. Receive Strategic Initiatives Status Report for October 2011 (City Manager - 101-06) Action: Report received (3-0-2; Selfridge, Sollecito absent) 4. Authorize Workers' Compensation Settlement - J. Short (Human Resources - 505-02) Action: Authorized settlement (3-0-2; Selfridge, Sollecito absent)  City Council Minutes Tuesday, October 18, 2011 5. Authorize the Housing and Property Management Manager to Decline to Purchase an Affordable Deed Restricted Condominium Unit (#63) at 820 Casanova Avenue and Allow a Waiver of the 120 Day Marketing Period to Allow, if Necessary, a Market Price Sale Without the Deed Restriction. (Plans & Public Works - 206-03) Action: Authorized (3-0-2; Selfridge, Sollecito absent) ***End of Consent Agenda*** PUBLIC APPEARANCE 6. Receive a Report and consider providing direction on Proposed Property Management Leasing Strategy (Plans & Public Works - 704-01) Action: Continued to November 1, 2011 (3-0-2; Selfridge, Sollecito absent) Mayor Della Sala suggested continuing the item to the next City Council meeting, when there would be a full Council present. On request, the Mayor opened the floor for members of the public to comment. Sam Balasteri suggested that consideration should be given to the leaseholders on the Wharf and that representatives of Fishermen's Wharf should be involved in the process. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued the item to November 1, 2011: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Selfridge, Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CONTINUED PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Gerry Low-Sabado invited the Mayor, City Council, City Manager, and the community to see CSUMB's documentary, "By Light of Lantern," at the Library on Saturday. She invited them on Sunday, October 23, to a book signing and luncheon at the Clement Hotel. She said that a walking tour along Cannery Row to point out sites that were historically significant to the Chinese Americans is full, but she hopes to arrange another one. Robert Tereze said that he is still interested in leasing the Train Depot for a seafood market, and he suggested that the Council take a field trip to that location. Councilmember Haferman noted that Item 6, which was continued from tonight's agenda, includes information on the Train Depot. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 7. Consider an appeal of the Planning Commission approval of a Use Permit for demolition of an existing commercial building and construction of a new grocery store (applicant is Fresh and Easy) at 2020 Del Monte Avenue. (Plans & Public Works - 701-18) Action: Held Public Hearing; continued to November 15, 2011 (3-0-2; Selfridge, Sollecito absent) 2 City Council Minutes Tuesday, October 18, 2011 Senior Planner Ebbs presented the staff report. Traffic Engineer Deal reviewed the traffic study results. Mr. Ebbs summarized that the project is consistent with the city's ordinances and general plan, and he recommended that Council approve the Mitigated Negative Declaration, deny the appeal, and approve the project with findings. Mayor Della Sala reviewed the materials that were placed at the dais this evening because they were received too late to be included in the packet. Mayor Della Sala opened the floor to the appellant. Jason Maas Baldwin, Representative for Helvic Avenue Neighborhood Coalition, clarified that the appeal is brought by the entire Neighborhood Coalition. He said that if it is not possible to make the closing of the Helvic Gate a condition of approval for this project, his group recommends granting the appeal. He suggested that the preferred remedies would be to close that gate or install traffic delineators on Palo Verde. He reviewed the history of the property and his organization's concerns about increased traffic and decreased street parking. He disputed some of the assumptions in the traffic report. Mayor Della Sala opened the hearing to members of the general public. Larry Conte presented a brief history of the traffic circle and a nearby commercial site. He said that the best solution would be to isolate the neighborhood from the adjacent commercial traffic. Clyde Roberson said that we need to protect the neighborhoods, which includes businesses. He said that there have to be enforceable conditions, and the Helvic Street Gate is not an enforceable condition, so it should be closed. City Attorney Mall explained that the Helvic gate is located on the property next door, and if Council wishes to close the gate, it would have to be done as a review of the use permit for that property. Toy Bryant, Monterey resident, voiced concerns that closing the gate would create a dangerous situation on Del Monte. She voiced concerns regarding the noise and whether the sound wall would adequately address those issues. Mike Dawson said that the parking for the store should not overlap into the neighborhood. He voiced additional concerns about early deliveries causing too much noise. He asked Council to grant the appeal. Mike Cleary voiced concerns about the traffic study. He showed a video of traffic along Helvic and adjacent streets during school drop off hours. Mayor Della Sala called a recess at 8:57 p.m., then reconvened the meeting at 9:00 p.m. and reopened the floor for public comments. Maren Dinsmore, Helvic Avenue resident, said that the residents are not opposed to having traffic on their street, but they do not want to increase traffic on an already busy street. She voiced concerns regarding the timing of the traffic counts. On question, Serine Ciandella, traffic consultant said that the traffic volumes on Helvic were taken by a camera last week. Kathleen Brady, owner of Rising Star Gymnastics, said that her customers do not violate the gate, and it has worked for ten years without one accident or injury. She said that her parking lot is seldom full, and she has always been able to find a parking space. Chris Evans, Jump N Around, said that the gate is vital to the businesses. He said that the market would be an extreme improvement and he completely supports the project. Bill Hammond, owner of 2024 Del Monte, said that the Helvic gate has been open for 46 years. He said that he owns property adjacent to a public street and he has a right to access that street. He supported the Fresh and Easy Market, saying that it will improve the property. He said that any use at that property will increase the traffic. Rose Olinder, Palo Verdo resident, voiced concerns regarding existing traffic and parking. She asked for additional mitigation measures and solutions. Jim Fink spoke in favor of maintaining the roller skating rink. He asked Council to work with him to restore the rink. 3 City Council Minutes Tuesday, October 18, 2011 Mayor Della Sala opened the hearing to the applicant. Jennifer Daw, representing the applicant, gave a presentation describing the Fresh and Easy stores, values, and goals. She noted that the new store would provide up to thirty jobs with benefits. She said that their delivery trucks do not drive through school zones during drop off and pick up times. Scott Mason supported the neighbors' concerns. Serine Ciandella, Kimley-Horn and Associates traffic consultants, noted that there are fluctuations in parking demand, and with one hundred spaces there is a lot of leeway in parking. Jason Meirise, ESA, said that his firm prepared the noise study for the project, and he reviewed that study and the recommended mitigation of creating a noise barrier on the roof and around the building. On question Mr. Mason clarified that the truck noise occurs twice a day, and he could take measures to reduce the noise from the rooftop equipment further. Having no further requests to speak, Mayor Della Sala closed the public hearing. Councilmember Downey supported doing a parking study in one year. She suggested directing staff to bring additional options such as closing Helvic at Palo Verde, a residential parking program, and issuing cards to access the Helvic gate. On question, Traffic Engineer Deal explained how a residential parking program is established. Councilmember Haferman said that he likes the idea of a store at this location, but he would like to see more suggestions for solutions. Mayor Della Sala summarized that Councilmembers’ direction to staff is to investigate further a residential parking permit program for Helvic Street, key card control of the Helvic gate including exploration of the costs, that the Traffic Engineer explore the impacts of closing Palo Verde between Del Monte and Helvic, and that the applicant explore reducing the noise by 20 db. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to November 15, 2011: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Selfridge, Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Downey reported on her visit to the Prima Heart Center that will be opening soon at the Sports Center and said that she is pleased with this new asset. She apologized for not mentioning the Wharf in her recent comments about contributions to Art in the Adobes. She offered kudos to Theresa Del Pierro for the brochure design. Ms. Downey asked if Rick Johnson has received the comments regarding the litter downtown. She asked to have an option for members of the public to stand or sit while making public comments. Mayor Della Sala confirmed that a letter was forwarded to the Downtown Association asking them to keep the sidewalks in front of their businesses clean. Ms. Downey reported on a conference she attended for special districts where she saw a report on how to make PowerPoint presentations, and she passed along several tips from that presentation. 4 City Council Minutes Tuesday, October 18, 2011 CITY MANAGER REPORTS City Manager Meurer reminded Council that the Water Forum would be held next Wednesday, October 26 at 6:00 p.m. in the Steinbeck Forum. He reported that MCHA would meet Thursday at Monterey Plaza Hotel to review the history of the Regional Project, and on October 27 MRWPCA will make a presentation on aquifer augmentation. ***Adjourn to Closed Session*** On a motion by Mayor Della Sala, seconded by Councilmember Haferman, and carried by the following vote, the City Council tabled the closed session item: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Selfridge, Sollecito ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ANNOUNCEMENTS FROM CLOSED SESSION No closed session was held. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:22 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 5