Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 15, 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 Principal Planner, Senior Associate Planner, Assistant City Manager, Present: Director of Information Resources/City Clerk, City Attorney, 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, City Engineer, Senior Planner, Traffic Engineer, Police Lieutenant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 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 comments. PUBLIC HEARING 1. Rezone 867 Alameda from R-1-6 to R-1-6-H2 and Approve Mills Act Contract; Applicant/Owner James Sivo; R-1-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Held Public Hearing; passed Ordinance to print to rezone the property; adopted Resolution No. 11-150 C.S., authorizing Mills Act contract Senior Associate Planner Hopper presented the staff report. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed an Ordinance to print rezoning 867 Alameda from R-1-6 to R-1-6-H2 and adopted Resolution No. 11-150 C.S., approving 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 ***Adjourn to Closed Session*** Council adjourned to a Closed Session at 4:11 p.m., then recessed at 5:20 p.m. Mayor Della  City Council Minutes Tuesday, November 15, 2011 Sala reconvened the meeting at 7:00 p.m. and all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that there was no action taken regarding a public employee performance evaluation for the City Attorney, nor was there an action taken regarding a conference with the labor negotiators about amending the personnel rules for all City employee associations. She said that a motion to give direction to the negotiators failed on a vote of 2 to 3, with Councilmembers Haferman and Sollecito and Mayor Della Sala voting no. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments for items not on the agenda. Julie Armstrong, Big Sur Marathon, announced that the Big Sur Half Marathon is being held this weekend, and she invited people to com out. She thanked City staff and submitted a paper summarizing the economic impact of the event. Timothy Barrett applauded the people in Zucatti Park for standing up against corporate greed. He said that the system is broken and voiced concerns regarding economic inequality. He announced that he would begin a 24 hour vigil tonight on the steps of the City Council Chamber. Jim Fink said that the Occupy Wallstreet movement is an example of envy, and it is wrong for people to expect to have things handed out to them.He said that corporations are not greedy, as only individuals can be greedy. Sharon Dwight reported that a dozen volunteersworked on the Big Sur Marathon, and and raised significant funds for CERT. Luis Osorio, long time Monterey resident, said that every great City has a great downtown, and Monterey's downtown is not well defined and needs to be improved. Having no further requests to speak, Mayor Della Sala closed public comment. PRESENTATIONS 2. Recognition of Defense Language Institute Quarterly Joint Service Awards - 1st Quarter (City Manager - 701-17) Action: Recognition given Mayor Della Sala presented Proclamations to Sergeant Rebekah D. Combs and Airman First Class Caleb N. Fryer. Both thanked the City Council and made brief comments. CONSENT ITEMS Assistant City Manager Cohn said that staff received a request from the public to remove Item 13 and a Councilmember has asked to remove Item 14 from the Consent Agenda. Councilmember Downey asked to remove Item 12. A member of the public asked what is meant by tabling the Ordinance on Item 6, and Assistant City Manager Cohn explained that the original Ordinance had an error, so would be brought back at the next meeting for a new first reading. Community Services Director Bui-Burton answered a question regarding Item 8. Mayor Della Sala noted that there was a duplication of two paragraphs on page 5 of the November 1 Minutes, and those paragraphs would be removed. Mayor Della Sala noted that he and Councilmember Haferman were not in attendance at the 2  City Council Minutes Tuesday, November 15, 2011 November 2 meeting so would abstain from voting on those Minutes. Councilmember Haferman abstained from voting on Item 3 because he did not attend the November 2 meeting. 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 12, 13, and 14: 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 3. October 26, 2011 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman abstaining) 4. November 1, 2011 (Information Resources - 701-09) Action: Approved with corrections 5. November 2, 2011 (Information Resources - 701-18) Action: Approved (3-0-2; Haferman, Della Sala abstaining) Ordinances 6. Tabling “Second Reading – Adopt an Ordinance to Ban the Use of Plastic Single-Use Carry-Out Bags and Prohibit the Free Distribution of Recycled Paper Bags by Retail Establishments” (Plans & Public Works - 802-07) Action: Tabled Resolutions 7. Authorizing the Appropriation of Funds for the Presidio of Monterey Public Works Authority Fund for the Presidio of Monterey and the Defense Manpower Data Center (DMDC) Base Operations and Maintenance Contract ***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 11-151 C.S. 8. Adopt Resolution to Revoke Resolution 86-142; Eliminate Two Taxi Zone Spaces (One at Munras Avenue, One at Calle Principal); Terminate License with Monterey Checker Transportation Company (Public Facilities - 901-06) Action: Adopted Resolution No. 11-152 C.S. 9. Adopt the Annual Report and Approve a Resolution to set a public hearing date to Levy the Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID). (Finance - 407-08) Action: Adopted Resolution No. 11-153 C.S. 3  City Council Minutes Tuesday, November 15, 2011 10. Accept and Appropriate Annual CRV Funds from the State of California Resources Recycling and Recovery Department (Plans & Public Works - 802-07) Action: Adopted Resolution No. 11-154 C.S. 11. Amend Resolution 06-97 C.S. to Approve David Avenue Lighted Crosswalk Project Scope Revision and Project Title Change ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 11-155 C.S. 12. Mark Thomas Sidewalk/Bike Lane FY2011/12 NIP Cut-off Project #1 – Reduce Funding Allocation from $180,000 to $65,000 and Approve Funding ***NIP*** (Plans & Public Works - 505-05) Action: Removed from Consent; discussed; adopted Resolution No. 11-156 C.S. City Engineer Reeves presented the staff report, and NIP Spokesperson Heuer answered Councilmembers' questions regarding the grant funding of the project. Mayor Della Sala opened the floor for public comments on the item. Jim Fink asked how this action would affect bicycle traffic on Mark Thomas Road, and Traffic Engineer Deal explained how the bike lanes would be improved as a result of this project. Lou Whitney, Glenwood Neighborhood, said that the bike traffic in that area is heavy and she supported the item. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-156 C.S., approving the Mark Thomas Sidewalk/Bike Lane FY2011/12 NIP Cut-off Project #1 and reducing the funding allocation from $180,000 to $65,000 and approving the funding: 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 13. Approve Amendment to the Citywide Transportation and Parking Study Contract to Include Study of Lighthouse Avenue as a Counterclockwise One-Way Couplet (Plans & Public Works - 802-10) Action: Removed from Consent; discussed; denied Principal Planner Cole presented the staff report. Mayor Della Sala opened public comment on the item. Mike Mosebach, Monterey Commercial Property Owners Association, said that the recommendation for a two-way street originated in a three-day charrette and was unanimously approved by the Planning Commission as well as by the City Council. He supported a two-way street, and he opposed the item. Rick Heuer, NIP Spokesperson clarified that NIP has taken two actions with regard to traffic on Lighthouse, with the first being the allocation of $100,000 for traffic studies on Lighthouse. He said that this recommendation is to use a portion of that money on this particular study. Jim Fink voiced concerns that Lighthouse already has choked traffic, saying that it is extremely dangerous for bicyclists. He suggested widening Lighthouse and maintaining Foam and Hawthorne as two-way streets. Michele Knight, Cannery Row Business Association, opposed 4  City Council Minutes Tuesday, November 15, 2011 the staff recommendation and submitted a letter to the Council. Howard Fosler, President of the New Monterey Neighborhood Association, said that Council is being asked whether to gain as much information as possible before making a final decision regarding Lighthouse. He voiced concerns that only the businesses are being considered, rather than the residents and tourists. Rick Johnson, Administrator of the New Monterey Business Association, read a letter into the record supporting the staff recommendation to study the counter clockwise one-way couplet. Frank Donangelo, Cannery Row Company, said that his organization is a member of the NMBA and is not in favor of any further study on this matter.John Narigi, Montery Plaza Hotel General Manager, urged Council to move forward with the two-way recommendation without further study. Sharon Dwight, NIP Representative for New Monterey, spoke in support of the additional study and asked Council to approve the staff recommendation. Having no further requests to speak, Mayor Della Sala closed public comment. On question, Traffic Engineer Deal reviewed potential configurations that would address some of the traffic issues. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council denied the amendment to the Citywide Transportation and Parking Study 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 14. Designating City Representative to the Access Monterey Peninsula Board of Directors (City Manager - 701-04) Action: Removed from Consent; discussed; amended and adopted Resolution No. 11- 157 C.S. designating Councilmember Selfridge Assistant City Manager Cohn presented the staff report. Councilmember Selfridge volunteered to be the representative. Mayor Della Sala opened the floor for public comment. Jim Fink asked to what extent the AMP Board affects the program choices. Mr. Cohn said that the Board does not have any influence on the content of the programming. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On question, Councilmember Haferman said that a certain level of technical expertise is desirable to serve on the board, though many of the decisions are related to the business operations. He said that the Assistant City Manager Cohn has a long history and a great deal of expertise regarding the AMP Board, and he would want him to continue to attend the meetings if a Councilmember is appointed to this position. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council amended and adopted Resolution No. 11-157 C.S. designating Councilmember Selfridge as the City representative to the Access Monterey Peninsula Board of Directors: 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 5  City Council Minutes Tuesday, November 15, 2011 15. Authorize the City Manager to Enter into an Agreement, on Behalf of the City, to Participate in the 2011 U.S. Department of Justice Office of Community Oriented Policing Services Secure our Schools Regional Grant Project (Police - 704-05) Action: Adopted Resolution No. 11-158 C.S. Other 16. Approve a Monday - Thursday Locals Parking Program In Waterfront Attendant Parking Lot Through December 31, 2013 (Public Facilities - 901-06) Action: Approved Mayor Della Sala called a recess at 8:55 p.m., then reconvened the meeting at 9:10 p.m. He said that there had been some confusion regarding Item 16 and whether it was approved as part of the Consent Agenda, so the item would be reconsidered at the next City Council meeting. ***End of Consent Agenda*** PUBLIC HEARING 17. 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: Continued from 10/18/11 City Council Meeting, Public Comment is Closed. Staff reccomendation is to continue this item to December 6, 2011. (Plans & Public Works - 701-18) Action: Continued to December 6, 2011 On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued the item to December 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 18. Amend Monterey City Code Section 20-40 Increasing Speed Limits on Certain Street Segments (Plans & Public Works - 803-16) Action: Held Public Hearing; passed ordinance to print Traffic Engineer Deal presented the staff report, explaining that by California State Law, speed limits must be set by a traffic survey if they are to be enforced by radar. On question, Mr. Deal said that David Avenue, Sloat, and Glenwood Circle have traffic calming projects scheduled, which might ultimately lower the speeds on those streets. Mayor Della Sala opened public comments on the item. Jess Stupa, Josselyn Canyon resident, said there used to be many accidents on his road, and a County Supervisor had speed bumps installed, which eliminated the problem. He asked Council not to raise the speed limit. Jason Pectel, Glenwood Circle resident, voiced concerns with raising the speed limit on that street. Marilyn McMasters, Josselyn Canyon resident, said that a part of the road has conditions that are not readily apparent to the driver, and she opposed raising the speedi limit. Lee Whitney 6  City Council Minutes Tuesday, November 15, 2011 voiced concerns regarding people speeding near MPC, as well as parking on the streets. She asked Council not to increase the speed limit on Glenwood Circle. Jimmy Hen, New Monterey resident, asked Council to look at traffic calming rather than raising the limits. Jim Wurtz, Josselyn Canyon Road resident, asked Council not to raise the speed limit on his street. Jim Fink voiced concerns that raising the speed limits would cause people to go even faster than the new speed limit. Rick Heuer urged Council to move forward with the planned traffic calming projects. He asked how many tickets actually are challenged in court. Sharon Dwight, New Monterey resident, asked if traffic enforcement is fully manned. She suggested leaving the current speed limits on some streets and not enforcing with radar. She suggested petitioning the State to revert back to the old method of setting speed limits. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Sollecito agreed that Council should work with the League of California Cities to go back to the legislature to ask them to revert to the old calcuations. He said that Council can not give up the authority to enforce speed on City streets. Councilmemer Haferman agreed and asked if there are some of the roads that could be enforced by pacing. Lieutennant Sonne said that it is possible in some conditions, but not as effective as radar. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to approve the staff recommendation to pass an Ordinance to print to amend Monterey City Code Section 20-40 Increasing Speed Limits on Certain Street Segments and to conduct new studies every time a traffic calming project is completed. Councilmember Selfridge asked if the motion maker would consider removing the streets that have pending NIP traffic calming projects. Councilmember Sollecito said that he does not see the advantage to doing that, and Councilmember Downey said that she would leave her motion as it is. Councilmember Downey suggested amending her motion to leave Josselyn Canyon Road at its current speed. Councilmember Sollecito said that he would not agree to making Josselyn Canyon an exception because he wants the City to keep its enforcement capabilities. Mayor Della Sala said that it's important to pursue legislation to change the law back. Ms. Downey did not amend her motion. 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 Councilmember Selfridge recused herself from participating in the discussion of Item 19 due to a potential conflict of interest and left the Chamber. Mayor Della Sala called a recess at 10:26 p.m., then reconvened the meeting at 10:30 p.m. Councilmember Downey recused herself from hearing Item 19 due to a potential conflict of interest and left the Chamber. 19. Appeal 1410 Del Monte Center – Planning Commission Decision that Approved Revisions to the Employee Holiday Shuttle Program.; Application 11-163 to Re-open Use Permit 99-149; Applicant Jill Vivanco; Owner Pacific Oceanside Holdings, LLP; C-2-SC Zoning District; Exempt from CEQA Requirement. (Plans & Public Works - 203-02) Action: Held Public Hearing; denied the appeal and upheld the Planning Commission (3- 0-2; Downey, Selfridge not participating) Senior Associate Planner Bennett presented the staff report. Mayor Della Sala opened the 7  City Council Minutes Tuesday, November 15, 2011 Public Hearing to the appellant. Rick Heuer said that the Planning Commission did not have sufficient information when they made their decision. He stated that the shuttle program was a mitigation put in place to protect the neighboring residential areas from parking overflow, and those neighborhoods are being affected by overflow parking under the current program. Mr. Heuer stated that it does not make sense to reduce the program and expect to improve the situation. Mayor Della Sala opened the hearing to the general public. David Stoker, Planning Commission representative, said that the Commission had plenty of information when they made this decision. He said that there are ten years of data regarding the parking program that the Planning Commission used. He asked Council to uphold their decision. Mike Dawson said that the current management of the center has done a great job. He noted that the issue arises only on the shuttle days, so reducing the shuttle days should help alleviate the problem. He asked Council to deny the appeal. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council denied the appeal of the Planning Commission decision regarding 1410 Del Monte Center and approved revisions to the Employee Holiday Shuttle Program.; Application 11-163 to Re-open Use Permit 99-149; Applicant Jill Vivanco; Owner Pacific Oceanside Holdings, LLP; C-2-SC Zoning District; Exempt from CEQA Requirement.: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 2 COUNCILMEMBERS: Downey, Selfridge RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 20. Authorize Agreement to Provide Fire and Emergency Services to the City of Carmel-by-the-Sea and Related Labor Agreement (Fire - 601-05) Action: Adopted Resolution No. 11-159 C.S. Assistant City Manager Cohn introduced the item, and Fire Chief Miller presented some details of the proposed agreement and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments. Jason Stillwell, City Administrator, City of Carmel-by-the-Sea, thanked the City Council, saying that they look forward to building a strong partnerhsip. Having no further requests to speak, Mayor Della Sala returned the discussion to the City Council. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 11-159 C.S., authorizing an agreement to provide Fire and Emergency Services to the City of Carmel-by-the-Sea and the related labor 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 COUNCIL COMMENTS 8  City Council Minutes Tuesday, November 15, 2011 21. Request to Agendize On-Call Contractor Policy (Selfridge - 02) Action: No action taken; will be heard at the December 6, 2011 meeting Councilmember Selfridge asked to consider this item at the next meeting. Councilmember Downey said that she would like to agendize an item to discuss the Regional Water Project. Mayor Della Sala said that an update is scheduled for December 6. Councilmember Downey said that she prefers agendizing a discussion, rather than just an update, as soon as possible. Councilmember Selfridge said that the feedback on Art in the Adobes has been very positive. She reported on Griffin Plaza. Ms. Selfridge thanked Finance Director Rhoads for protecting the fishing industry and said congratulations to CERT. CITY MANAGER REPORTS Due to the lateness of the hour, there was no report. ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:41 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9