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Council Regular Meeting

Regular Meeting

Monterey, CA · December 6, 2011

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 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, Assistant City Attorney, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental Compliance, Finance Director, Fire Chief, Community Services Director, Police Chief, Human Resources Director, Deputy Police Chief, Housing & Property Manager, City Engineer, Senior Planner, Parking Superintendent, Traffic Engineer, Principal Planner, Senior Associate Planner, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS Councilmember Downey asked to remove Item 10 for a staff presentation. Councilmember Selfridge asked to remove Items 7 and 8 from the Consent Agenda and for a continuance of Item 8. A member of the public asked to remove Item 5 from the Consent Agenda. 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 5, 7, 8 and 10: 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 1. November 3, 2011 (Information Resources - 701-09) Action: Approved 2. November 15, 2011 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award of Contract for Painting the Interior of Four Barracks and One School Building on Presidio, Buildings #651,#831,#832,#840,#848 ***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 11-160 C.S. City Council Minutes Tuesday, December 6, 2011 Ordinances 4. Second Reading - 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: Adopted Ordinance No. 3469 5. Second Reading - Amend Monterey City Code Section 20-40 Increasing Speed Limits on Certain Street Segments (Plans & Public Works - 803-16) Action: Removed from Consent; discussed; adopted Ordinance No. 3470 Mayor Della Sala opened the floor for public comments on Item 5. Nina Beatty objected to some of the proposed speed limit increases. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito explained that because of California laws, the City would not be able to enforce speed limits using radar if these changes are not made. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Ordinance No. 3470, amending Monterey City Code Section 20-40 increasing speed limits on certain street segments: 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 Resolutions 6. Authorizing the Appropriation and Transfer of Park Dedication Funds for Sidewalk Improvements at Scholze Park and Park Improvements in New Monterey (Plans & Public Works - 406-04) Action: Adopted Resolution No. 11-161 C.S. 7. Approve Additions, Deletions, and Modifications to City of Monterey Records Retention / Disposition Schedule (Information Resources - 104-03) Action: Removed from Consent; discussed; adopted Resolution No. 11-162 C.S. Senior Assistant City Clerk Raynor presented a staff report and answered Councilmembers' questions regarding updates to the retention schedule. Mayor Della Sala opened public comment on the item and had no requests to speak, so he returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution No. 11-162, approving additions, deletions, and modifications to City of Monterey Records Retention / Disposition Schedule: 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. Amending Salary Schedule for Police Chief Classification (Human Resources - 701-13) Action: Removed from Consent; discussed; continued to December 20, 2011 2 City Council Minutes Tuesday, December 6, 2011 Councilmember Selfridge asked to continue the item until the next meeting so she would have time to do additional research. It was moved by Councilmember Selfridge, and seconded by Councilmember Downey, to continue the item to the next City Council Meeting: On request of the Mayor, Human Resources Director McCarthy presented the staff report. 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 9. Ratification of Award of Contract for Emergency Repairs to the Del Monte Beach Boardwalk (Plans & Public Works - 809-08) Action: Adopted Resolution No. 11-163 C.S. 10. Authorizing Amended Fire Department Position Control List and Related Budget Adjustment Required to Implement Fire Services Contract with City of Carmel-by-the-Sea (Fire - 601-05) Action: Removed from Consent; discussed; adopted Resolution No. 11-164 C.S. Assistant City Manager Cohn presented the staff report and answered Council's questions. Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council adopted Resolution No. 11-164 C.S., authorizing the amended Fire Department Position Control List and related budget adjustment required to implement a Fire Services contract with the City of Carmel-by-the-Sea: 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 11. Award On-Call Archeological Professional Services Contract ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 11-165 C.S. 12. Award of Contract for Audiovisual Services for the Monterey Conference Center (Public Facilities - 902-01) Action: Adopted Resolution No. 11-166 C.S. 13. Accepting Resignation of City Attorney and Authorizing Execution of a General Release of All Claims (Human Resources - 704-05) Action: Adopted Resolution No. 11-167 C.S. 3 City Council Minutes Tuesday, December 6, 2011 Other 14. Authorize Use of the Depot Parking Lot and a Portion of the Waterfront Attendant Lot for Russo & Steele Automobile Auction in August, 2012 and August, 2013 (Public Facilities - 901-02) Action: Approved 15. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2012 ***NIP*** (Plans & Public Works - 701-04) Action: Approved 16. Approve Policies and Procedures Manual Revisions for the Neighborhood Improvement Program for Calendar Year 2012 ***NIP*** (Plans & Public Works - 808-01) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Nina Beatty gave an update on the Public Utility Commission's action concerning the ability to opt out on SmartMeters. She voiced concerns regarding Japan's burning of radioactive materials and asked Council to send a letter to the Japanese government in objection. Gregg spoke in support of the Occupy Movement and thanked the City for issuing a permit. He showed a video in support of the movement. Lorna Moffett said that the government is infested with criminals who distort and destroy the law. She voiced concerns regarding recent actions of the government and asked politicians to uphold the Constitution. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 17. Request to Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Finance - 407-08) Action: Held Public Hearing; adopted Resolution No. 11-168 C.S. Finance Director Rhoads presented the staff report. Mayor Della Sala opened the Public Hearing on the item. Marta Hayden, Monterey County Visitors Bureau, offered to answer any questions. With no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 11-168 C.S., continuing to levy assessments on lodging businesses within the Monterey County Tourism Improvement District (MCTID): 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 4 City Council Minutes Tuesday, December 6, 2011 PUBLIC APPEARANCE 18. Receive a Report and Adopt Resolution to Authorize an Extension of Term for the 20 Del Monte Avenue Ground Lease for the Portola Vista Senior Housing Apartments Between the Housing Authority of the County of Monterey and the City of Monterey to Allow Refinancing Through the HUD FHA 223(f) Loan Program. (Plans & Public Works - 704-10) Action: Adopted amended version of Resolution No. 11-169 C.S. Property and Housing Manager Marvin presented the staff report. He noted that the Resolution had been corrected since the packets were sent out, and he presented the updated version to the City Council. On question, Starla Warren, Director of Development of the Housing Authority of Monterey County, presented some details of the application that has been submitted to HUD, saying that while the commitment for refinancing is not firm, it is quite likely. Mr. Marvin explained that the resolution is written in such a way that the extension is contingent on the approval of the refinancing. Mayor Della Sala opened the floor for public comment on the item, and having no requests to speak, closed public comments. Councilmember Downey said that she sees this differently than other types of commercial leases, and she believes that supporting the extension of the lease creates an advantage for the Seniors. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council received the report and adopted Resolution No. 11-169, authorizing an extension of the term for the 20 Del Monte Avenue ground lease for the Portola Vista Senior Housing Apartments between the Housing Authority of the County of Monterey and the City of Monterey to allow refinancing through the HUD FHA 223(f) Loan Program: 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 19. Reconsideration of a Monday Through Thursday Locals Parking Program in the Waterfront Attendant Parking Lot Through December 31, 2013 (Public Facilities - 901-06) Action: Denied reconsideration Community Services Director Bui-Burton introduced the item, and Parking Superintendent Dalton presented the staff report. Mayor Della Sala opened the Public Hearing. Chris Shake spoke in support of the program, presented some statistics, and asked Council to keep the seven day per week program in place. Bob Massaro, Wharf Association Administrator, spoke in support of the program. Mary Alice Cerrito Fettis, Wharf Association Board of Directors, noted that free parking is offered in other areas, and she asked Council to continue it. Willard McCrone, Monterey resident, said that street parking is not free, and this program costs approximately $550,000 per year, including the fees and parking attendant salaries. He said that there is not a substantial justification for this program and he opposed it. Luis Osorio, 5 City Council Minutes Tuesday, December 6, 2011 Monterey citizen, said that good governance is important and there must be a full accountability of the costs and benefits. He recommended making the program temporary until the master planning Process is completed. Kevin Phillips, Abalonetti Bar and Grill, said that the parking revenue is not lost because more people come and spend money at the Wharf. He asked to continue the program. Kurt Gandy said that he has used the Marina for a number of years, and he believes that the parking program is excellent and should be expanded. Having no further requests to speak, Mayor Della Sala closed the hearing. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council denied the motion for reconsideration of a Monday through Thursday Locals Parking Program in the Waterfront attendant parking Lot Through December 31, 2013: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey said that she believes the program should be extended only until the parking study is complete. Mayor Della Sala announced that Item 20 would be taken up at the evening session and the closed session items would be heard after the completion of the evening open session. He called a recess at 6:03 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m. OTHER BUSINESS 20. Potential City Sponsorship of Monterey Bay Symphony Concert December 17th at the State Theatre (City Manager - 101-14) Action: Approved City sponsorship City Manager Meurer presented the staff report. Councilmember Selfridge said that the program is a children’s holiday concert and they expect about 1000 people to attend. Mayor Della Sala opened the floor for public comment. Jim Fink said that music is very important, especially for young people, and contributing to this event would be good stewardship of City funds. Having no further requests to speak, the Mayor returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved City sponsorship of Monterey Bay Symphony concert December 17th at the State Theatre: 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 Downey suggested that the symphony consider using the Conference Center next year. Councilmember Haferman and Mayor Della Sala clarified that the City supported sponsorship all along, but this change in venue is the issue. Mayor Della Sala said that he supports the action this year, but would not support this expenditure next year, when the Conference Center could be used at no cost to taxpayers. 6 City Council Minutes Tuesday, December 6, 2011 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments. Jim Fink thanked the City of Monterey for the beautiful Christmas tree in front of Colton Hall. He noted that the birth of Jesus of Nazareth is an historical fact and Christmas should be recognized as the celebration of that event. Timothy Barrett thanked the previous speaker for his comments on Christmas. He thanked the City Council said that many people in Monterey supported his vigil on the steps of Colton Hall. He read from a letter he wrote to the Assistant City Manager thanking staff for treating him well. He invited people to come to an Occutalks event this Saturday. John Milnan said that he volunteered to work for WaterPlus last Labor Day, and he was able to obtain 500 signatures in four days on a petition to make CalAm a public utility. Jim Morgan voiced ongoing concerns regarding abandoned vehicles on Ramona Avenue. He asked if signs could be posted to prohibit overnight parking. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 21. Appeal 479 Alvarado Street; Planning Commission Decision that Approved Revisions to Conditions of Approval; Appellant City of Monterey; Applicant Anthony Buich; C-2 Zoning District; Exempt from CEQA Requirements. (City Manager - 701-18) Action: Held Public Hearing; granted the appeal and revised the Conditions of Approval related to the hours of operation and live entertainment on the patio area (4-1; Della Sala voting no) City Manager Meurer explained his reasons for appealing this decision. Associate Planner Bennett presented the staff report, explaining the conditions that staff had recommended to the Planning Commission. Mayor Della Sala opened the floor to the applicants. Anthony Buich, owner of the Mucky Duck, acknowledged that this is a big decision that affects the revitalization of Monterey. He noted the differences between the new operation and past management, and said that it is imperative to his business to keep the extended hours that were approved by the Planning Commission. Alex Buich, owner, said that allowing live music on the weekends draws people downtown, and as new owners they are controlling the clientele. Mayor Della Sala opened the floor to members of the general public. Michael Albov said that the issue is noise, not music. He said that nothing good happens after midnight, and an outdoor nightclub does not work in this community. He supported the appeal. Quinn Gardner spoke in support of the Buich brothers and asked Council to deny the appeal. Cathy Anderson, Monterey resident, said that she is impressed with the current owners, but she thinks that loud music should be enclosed. Kevin Pratt said that the issue is that the music is outdoors. He commended the new owners, but said that the live music should be moved indoors. Jody Hanson, Monterey Peninsula Chamber of Commerce, spoke in support of the business owners and asked Council to work with them. Mike Dawson, Alta Mesa resident, said that many of his neighbors have complained to him about loud music coming from the Mucky Duck. He suggested building an enclosure. Jerry Anderson, Saucito Land Company, spoke in support of the appeal. Jeff Rothell, Pacific Grove resident, asked Council to maximize the number of hours that music is allowed on the patio. Joel Carmillo commended the new owners of Mucky Duck and supported their request. John Mount, Monterey resident and Monterey County employee, spoke in support of the request of the Mucky Duck. Jerome Paulitzer asked Council to encourage the 7 City Council Minutes Tuesday, December 6, 2011 rebuilding of this business. He opposed the appeal. Sara Nelson, Monterey resident, spoke in support of extended hours and opposed the appeal, saying that venues like this attract young people. Joe Lepler supported the owners of the Mucky Duck and opposed the appeal. Peter Blackwell, former owner of the Mucky Duck, said that the patio is a critical part of that business, and he opposed the appeal. Bill Stahl said that there are many events that can be heard throughout the Peninsula. He said that the Planning Commission rigorously reviewed a number of options before coming up with a balanced alternative and he asked Council to follow their recommendation. Joe Hernandez spoke in support of the Mucky Duck and opposed the appeal. Curtis Gandy spoke in support of the Mucky Duck and opposed the appeal. He suggested looking at the decibel level as a potential solution. Doug Wiele supported the appeal, saying that it is in the best interest of the downtown. Clyde Roberson thanked the City Manager for the appeal and supported the staff recommendation. Connie Woodward, Figueroa Street resident, supported the Mucky Duck and opposed the appeal. Jim Fink supported the ABC regulations and the Planning Commission's decision. He noted that the air in the area is moist and carries sound a long way. Mayor Della Sala opened the floor to Mr. Buich for rebuttal. Mr. Buich noted that many of the comments related to the past owner. He took issue with a perceived threat not to develop another parcel if the appeal is denied. Having no further requests to speak, Mayor Della Sala closed the hearing. Mayor Della Sala called a recess at 9:37 p.m., then reconvened the meeting at 9:49 p.m. He suggested that due to the late hour that Council would continue Item 23 to the next meeting. Councilmember Haferman said that he is willing to support the Planning Commission decision. Mayor Della Sala said that he could support having live music until 9:00 p.m. on weeknights and 10:00 p.m. on weekends and on New Year's Eve. Councilmember Sollecito suggested that there are probably six special events where it might be appropriate to allow the Mucky Duck to have later hours. Councilmember Haferman said that he is comfortable with having the staff make the determination six times a year. Councilmember Downey supported letting them apply for each event individually. Councilmembers discussed adopting the following Conditions of approval: 1. Hours of operation shall coincide with the ABC regulation not to exceed 6:00 a.m. to 1:00 a.m. daily, which coincides with the ABC condition. 2. Sales, service and consumption of alcoholic beverages shall be allowed between the hours of 10:00 a.m. and midnight daily to coincide with the ABC condition. 3. Allow live entertainment on the patio until 9:00 p.m. on weekdays and 10:00 p.m. on weekends, with up to five annual one-day events on the patio with live entertainment until midnight, with a list of those events submitted to the Planning office by January 1 for the upcoming year. 4. Live entertainment shall not be allowed past midnight, which coincides with the ABC condition. 5. Allow Outdoor seating on the patio shall end by midnight, as decided by the Planning Commission. 6. Dancing shall be allowed on the patio until 9:00 p.m. on weekdays and 10:00 p.m. on weekends, with up to five annual one-day events on the patio with dancing until midnight. 7. The business shall close every night by 1:00 a.m., as conditioned by the ABC. 8 City Council Minutes Tuesday, December 6, 2011 8. There shall be a six-month review of compliance with the Conditions of approval. It was moved by Councilmember Sollecito, and seconded by Councilmember Selfridge, to grant the Appeal regarding 479 Alvarado Street and amend the Planning Commission decision and make further revisions to the Conditions of Approval as discussed and outlined above. Councilmember Downey suggested on condition #3 reducing number of events to four, not five. Mayor Della Sala suggested only one event. Councilmember Sollecito amended his motion, reducing the number of special events to four, and the seconder agreed, amending the Conditions of Approval to read as follows: 1. Hours of operation shall coincide with the ABC regulation not to exceed 6:00 a.m. to 1:00 a.m. daily, which coincides with the ABC condition. 2. Sales, service and consumption of alcoholic beverages shall be allowed between the hours of 10:00 a.m. and midnight daily to coincide with the ABC condition. 3. Allow live entertainment on the patio until 9:00 p.m. on weekdays and 10:00 p.m. on weekends, with up to four annual one-day events on the patio with live entertainment until midnight, with a list of those events submitted to the Planning office by January 1 for the upcoming year. 4. Live entertainment shall not be allowed past midnight, which coincides with the ABC condition. 5. Allow Outdoor seating on the patio shall end by midnight, as decided by the Planning Commission. 6. Dancing shall be allowed on the patio until 9:00 p.m. on weekdays and 10:00 p.m. on weekends, with up to four annual one-day events on the patio with dancing until midnight. 7. The business shall close every night by 1:00 a.m., as conditioned by the ABC. 8. There shall be a six-month review of compliance with the Conditions of approval Councilmember Haferman said that he agrees with the Planning Commission's decision on conditions 1 and 2, but said that he would support the motion The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 22. Pass Ordinance to Print to Ban the Use of Plastic Single-Use Carry-Out Bags and Prohibit the Free Distribution of Recycled Paper Bags by Retail Establishments (Negative Declaration Proposed) (Plans & Public Works - 802-07) Action: Held Public Hearing; certified the negative declaration; passed Ordinance to print Assistant Public Works Director Uslar presented the staff report. Mayor Della Sala opened the Public Hearing. Jim Fink spoke in strong opposition to the ordinance, saying that he uses a bicycle for transportation, and plastic bags are easier to hang from the handle bars than reusable bags. Having no further requests to speak, Mayor Della Sala closed the hearing. 9 City Council Minutes Tuesday, December 6, 2011 On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed the Ordinance to print to ban the use of plastic single-use carry-out bags and prohibit the free distribution of recycled paper bags by retail establishments and certified the Negative Declaration: 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 23. 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. (Plans & Public Works - 701-18) Action: Continued to December 20, 2011 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council continued the Item to December 20, 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 COUNCIL COMMENTS Councilmember Sollecito suggested having staff devise an incentive program to get hotels to upgrade their properties in order to stimulate the economy. Councilmember Selfridge said that she hopes staff can get some ideas on how we can use volunteers more effectively. She said that this agenda packet was too large to get through in a timely manner. Councilmember Downey reported on a sing-along she and Councilmember Selfridge conducted in conjunction with the tree lighting. She asked to have money budgeted for this and the Fourth of July next year. She suggested asking business associations to participate. Ms. Downey reported that the MRWPCA is working on an alternative water supply and is investigating a Joint Powers Authority and how to fund a plant via Prop 218. She applauded the agency for working on alternatives in case other projects are not completed. She thanked City Manager Meurer, Mayor Della Sala, and Councilmember Haferman for traveling to Orange County to tour the reverse osmosis plant. Mayor Della Sala reported on his trip to Orange County where waste water is treated and used as potable water. He said that CalAm Water is funding the new landscaping along Del Monte Avenue in order to save water. 24. Request to Agendize On-Call Contractor Policy (Selfridge - 02) Action: Moved item to the first or second meeting in January as time allows. On a motion by Councilmember Selfridge, seconded by Mayor Della Sala, and carried by the following vote, the City Council moved the request to the first or second meeting in January, as time allows: 10 City Council Minutes Tuesday, 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 25. Request to Agendize Update and Policy Direction Regarding the Regional Water Desalinization Project (City Manager - 804-05) Action: Agendized for December 20, 2011 Councilmember Downey asked to agendize this item in order to consider new information. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council agendized an update and policy direction regarding the Regional Water Desalinization Project for December 20, 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 CITY MANAGER REPORTS City Manager Meurer reminded Council that a bench would be dedicated to the late Jim Conway on Sunday. He said that the annual meeting with the Board and Commission Chairs would be held in the Library Community Room on December 15, and that Christmas in the Adobes would take place on Thursday and Saturday. He said that staff is arranging a joint meeting in January between the City Council and Planning Commission regarding the parking and traffic study. ADJOURNMENT Council adjourned to closed session at 11:02 p.m. ANNOUNCEMENTS FROM CLOSED SESSION The Closed Session adjourned at 11:32 p.m., and Information Resources Director/City Clerk Gawf announced that in a closed session regarding a public employee appointment, on a roll call vote, the City Council unanimously appointed Chrissy Davi as the Interim City Attorney. Ms. Gawf reported that in a conference with Labor Negotiators for all employee organizations and unrepresented employees, the City Council gave confidential direction to their negotiators on a roll call vote. The vote was 4-0-1, with Councilmember Sollecito not participating due to a potential conflict of interest. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 11

Agenda

City Council City Council Agenda Chuck Della Sala, Mayor Regular Meeting Libby Downey, Councilmember Jeff Haferman, Councilmember Monterey City Council Nancy Selfridge, Councilmember Tuesday, December 6, 2011 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m. Fred Meurer Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. November 3, 2011 (Information Resources - 701-09) 2. November 15, 2011 (Information Resources - 701-09) Award of Contracts Awarding of CONTRACTS for construction contracts. 3. Award of Contract for Painting the Interior of Four Barracks and One School Building on Presidio, Buildings #651,#831,#832,#840,#848 ***PMSA*** (Plans & Public Works - 903- 02) Ordinances ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two readings at separate Council meetings, is "passed to print" for legal advertisement when introduced, and is "passed and adopted" when given final approval. 4. Second Reading - 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) 5. Second Reading - Amend Monterey City Code Section 20-40 Increasing Speed Limits on Certain Street Segments (Plans & Public Works - 803-16) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." Tuesday, December 6, 2011 6. Authorizing the Appropriation and Transfer of Park Dedication Funds for Sidewalk Improvements at Scholze Park and Park Improvements in New Monterey (Plans & Public Works - 406-04) 7. Approve Additions, Deletions, and Modifications to City of Monterey Records Retention / Disposition Schedule (Information Resources - 104-03) 8. Amending Salary Schedule for Police Chief Classification (Human Resources - 701-13) 9. Ratification of Award of Contract for Emergency Repairs to the Del Monte Beach Boardwalk (Plans & Public Works - 809-08) 10. Authorizing Amended Fire Department Position Control List and Related Budget Adjustment Required to Implement Fire Services Contract with City of Carmel-by-the-Sea (Fire - 601-05) 11. Award On-Call Archeological Professional Services Contract ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) 12. Award of Contract for Audiovisual Services for the Monterey Conference Center (Public Facilities - 902-01) 13. Accepting Resignation of City Attorney and Authorizing Execution of a General Release of All Claims (Human Resources - 704-05) Other 14. Authorize Use of the Depot Parking Lot and a Portion of the Waterfront Attendant Lot for Russo & Steele Automobile Auction in August, 2012 and August, 2013 (Public Facilities - 901-02) 15. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2012 ***NIP*** (Plans & Public Works - 701-04) 16. Approve Policies and Procedures Manual Revisions for the Neighborhood Improvement Program for Calendar Year 2012 ***NIP*** (Plans & Public Works - 808-01) ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 17. Request to Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Finance - 407-08) 2 Tuesday, December 6, 2011 PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 18. Receive a Report and Adopt Resolution to Authorize an Extension of Term for the 20 Del Monte Avenue Ground Lease for the Portola Vista Senior Housing Apartments Between the Housing Authority of the County of Monterey and the City of Monterey to Allow Refinancing Through the HUD FHA 223(f) Loan Program. (Plans & Public Works - 704-10) 19. Reconsideration of a Monday Through Thursday Locals Parking Program in the Waterfront Attendant Parking Lot Through December 31, 2013 (Public Facilities - 901-06) OTHER BUSINESS 20. Potential City Sponsorship of Monterey Bay Symphony Concert December 17th at the State Theatre (City Manager - 101-14) ***Adjourn to Closed Session (See additional agenda)*** RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 21. Appeal 479 Alvarado Street; Planning Commission Decision that Approved Revisions to Conditions of Approval; Appellant City of Monterey; Applicant Anthony Buich; C-2 Zoning District; Exempt from CEQA Requirements. (City Manager - 701-18) 22. Pass Ordinance to Print to Ban the Use of Plastic Single-Use Carry-Out Bags and Prohibit the Free Distribution of Recycled Paper Bags by Retail Establishments (Negative Declaration Proposed) (Plans & Public Works - 802-07) 3 Tuesday, December 6, 2011 23. 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. (Plans & Public Works - 701-18) COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). 24. Request to Agendize On-Call Contractor Policy (Selfridge - 02) 25. Request to Agendize Update and Policy Direction Regarding the Regional Water Desalinization Project (City Manager - 804-05) CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. 4 Tuesday, December 6, 2011 UPCOMING MEETINGS AT CITY HALL Dec 7 Library Board Meeting, Library Community Room - 5:30 PM Dec 7 ARC Meeting Cancellation Notice, Council Chamber - 4:00 pm Dec 8 HPC Meeting Cancellation Notice, Council Chamber - 4:00 pm Dec 8 Zoning Administrator Meeting Cancellation Notice, Council Chamber - 4:00 pm Dec 13 Planning Commission Meeting, Council Chamber - 4:00 pm Dec 15 Council Study Session, Council Chamber - 4:00 PM Dec 20 Council Regular Meeting, Council Chamber - 4:00 PM Dec 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Dec 22 Zoning Administrator Meeting, Council Chamber - 4:00 pm Dec 23 City Holiday, City Offices Closed - 8:00 AM Dec 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Dec 26 City Holiday, City Offices Closed - 8:00 AM Dec 27 Planning Commission Meeting Cancellation Notice, Council Chamber - 4:00 pm Jan 3 Council Regular Meeting, Council Chamber - 4:00 PM Jan 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jan 10 Planning Commission Meeting, Council Chamber - 4:00 pm Jan 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Jan 12 Zoning Administrator Meeting, Monterey Library - 4:00 pm Jan 16 City Holiday, City Offices Closed - 8:00 AM Jan 17 Council Regular Meeting, Council Chamber - 4:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

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