Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 20, 2011 4:00 - 7:00 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, Interim City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Chief of Planning, Engineering, and Environmental Compliance, Finance Director, Fire Chief, Community Services Director, Human Resources Director, Deputy Police Chief, Principal Planner, Housing & Property Manager, City Engineer, Harbormaster CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS With regard to Item 1, Councilmember Downey stated that she believes she said during Council Comments that MRWPCA is working on alternatives "in case the Regional Project does not materialize." She asked City Clerk Gawf to review the tape and verify that and amend the Minutes as appropriate. Councilmember Selfridge asked why there is a 15% contingency on Item 2, and Mr. Rerig explained that the nature and the size of the project requires it. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda, except Item 1, which was removed for a separate 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 On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the December 6, 2011 Minutes, with direction to the City clerk to review the tape of the December 6 meeting and make amendments to Councilmember Downey's Council Comments as appropriate: 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 Council Minutes Tuesday, December 20, 2011 Approval of Minutes 1. December 6, 2011 (Information Resources - 701-09) Action: Removed from Consent; approved with direction to the City Clerk to review the tape and amend the Councilmember Downey's Council Comments as appropriate Award of Contracts 2. Award Mark Thomas Sidewalk and Bike Lane Project Contract for Construction ***CIP*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 11-170 C.S. Ordinances 3. Second Reading - 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: Adopted Ordinance No. 3471 Resolutions 4. Adopt Resolution Rejecting Marina Labor-Only Dredging Bids ***CIP*** (Public Facilities - 904- 01) Action: Adopted Resolution No. 11-171 C.S. 5. Authorizing an Agreement to Provide Interim Ambulance Administration Services Between the Cities of Monterey and Carmel-by-the-Sea (Fire - 601-05) Action: Adopted Resolution No. 11-172 C.S. 6. Appropriate Grant and Donation Funds in the Library Trust Fund (Library - 409-03) Action: Adopted Resolution No. 11-173 C.S. 7. Amending Salary Schedule for Police Chief Classification (Human Resources - 701-13) Action: Adopted Resolution No. 11-174 C.S. 8. Authorizing the City Manager to Execute a Letter of Commitment to Participate in Monterey County Multi-Jurisdictional Hazard Mitigation Plan Update (Fire - 601-04) Action: Adopted Resolution No. 11-175 C.S. Other 9. Recommendation from the Parks and Recreation Commission to Accept the Donation of the Ben Omoto Memorial Scoreboard for Sollecito Ball Park from the Monterey High School Baseball Boosters (Plans & Public Works - 409-03) Action: Accepted donation 10. Recommendation for Appointments to the Parks and Recreation Commission and Administrative Appeals Hearing Board (Council Subcommittee - 701-06) Action: Appointed Louise Penski to a term expiring December 31, 2012 and reappointed Dan Stevens and Inez Kirkman to terms expiring December 31, 2013 2  City Council Minutes Tuesday, December 20, 2011 ***End of Consent Agenda*** OTHER BUSINESS 11. Appointments to the Outside Agencies (Information Resources - 701-04) Action: Approved appointments as recommended; vote was 5-0 on all appointments, except the following: Monterey Regional Waste Management District and Monterey Salinas Transit (4-0-1; with Councilmember Downey recusing herself due to a potential conflict of interest), AMBAG (3-0-2, with Councilmembers Downey and Haferman recusing themselves due to a potential conflict of interest), Monterey Regional Water Pollution Control Agency (3-0-2, with Councilmember Downey and Mayor Della Sala recusing themselves due to a potential conflict of interest), and TAMC (3-0-2, with Councilmember Sollecito and Mayor Della Sala recusing themselves due to a potential conflict of interest) Mayor Della Sala introduced the item and reviewed a new ruling by the FPPC that an appointee with the potential to earn stipends in excess of $200 per year would have a conflict of interest and should recuse themselves from voting on their own appointments to the applicable agency. He noted that AMBAG, MRWPCA, Monterey Regional Waste Management District and MST grant stipends in excess of $200 per year. Councilmember Sollecito noted that TAMC representatives earn a $50 per meeting stipend. Mayor Della Sala opened public comment on the item. No one came forward, and he returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the appointments to the outside agencies as recommended by the Mayor, except AMBAG, MRWPCA, Monterey Regional Waste Management District, TAMC, and MST: 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 recused herself from voting and left the Chamber at 4:10 p.m. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council appointed Councilmember Downey as the City's representative to Monterey Regional Waste Management District and MST: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Downey Vice Mayor Haferman recused himself and left the room at 4:11 p.m. On a motion by Mayor Della Sala, seconded by Councilmember Selfridge, and carried by the following vote, the City Council appointed Councilmember Downey as the City's representative 3  City Council Minutes Tuesday, December 20, 2011 and Councilmember Haferman as the alternate on the AMBAG Board: AYES: 3 COUNCILMEMBERS: Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 2 COUNCILMEMBERS: Downey, Haferman Vice Mayor Haferman returned to the dais, and Mayor Della Sala handed him the gavel, recused himself, and left the Chamber at 4:12 p.m. On a motion by Vice Mayor Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council appointed Councilmember Downey as the City's representative and Mayor Della Sala as the alternate on the MRWPCA: AYES: 3 COUNCILMEMBERS: Haferman, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 2 COUNCILMEMBERS: Downey, Della Sala Councilmember Sollecito recused himself and left the Chamber, and Councilmember Downey returned to her seat at 4:13 p.m. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council appointed Councilmember Sollecito as the City's representative and Mayor Della Sala as the alternate to TAMC: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 2 COUNCILMEMBERS: Sollecito, Della Sala Councilmember Sollecito and Mayor Della Sala returned to the dais at 4:15 p.m., and Vice Mayor Haferman returned the gavel to the Mayor. 12. Appointing the Vice Mayor for 2012 (Information Resources - 701-04) Action: Appointed Councilmember Downey as the Vice-Mayor for 2012 Mayor Della introduced the item and opened the floor for public comments. Having no requests to speak, he closed public comments on the item. On a motion by Mayor Della Sala, seconded by Councilmember Selfridge, and carried by the following vote, the City Council appointed Councilmember Downey as the Vice Mayor for 2012: 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 20, 2011 PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Joe Lefler, Helvic Avenue resident, asked the Council to reopen the use permit regarding the Helvic Avenue gate into an area business' parking lot. He said that the misuse of the gate causes traffic to back up on Helvic. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 13. 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. Staff recommendation is to continue this item to January 3, 2012. (Plans & Public Works - 701-18) Action: Continued to January 3, 2012 On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the item to January 3, 2012: 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 PUBLIC APPEARANCE 14. Adopt Resolution Confirming 2007 Council Direction for City Management and Location of the Boat Dry Storage Yard (Public Facilities - 904-01) Action: Amended and adopted Resolution No. 11-176 C.S. Community Services Director Bui-Burton introduced the item, noting that staff is bringing this item before Council at their direction. Harbormaster Scheiblauer presented the staff report. Mayor Della Sala opened the floor for public comment on the item. Luis Osorio, Planning Commission member, said that the Chair and Vice Chair are unable to attend tonight and he has been authorized to represent the Planning Commission. He said that there is no mention in the staff report of the Council's direction regarding this item. He clarified that whatever project that is included in the Master Plan has to go through an environmental review process. He said that the management of the facility must be included in the Master Plan. He stated that the Yacht Club is only one of the players in this process and should not be given special consideration. He explained that the Planning Commission recommends that the Council step back and consider this issue as part of the Master Plan. Patrick Tragenza, Yacht Club Director and Manager of the Boat Dry Storage yard, clarified that the yard is open to the general public. He agreed that the fence is ugly, but they cannot afford to replace it while on a month-to-month lease. Joe Headley, Monterey resident and member of the Yacht Club, generally supported the Harbormaster's management of the dry boat storage yard. 5  City Council Minutes Tuesday, December 20, 2011 Sara Duncan, member of Monterey Peninsula Yacht Club, opposed having the City take over the operation of the yard. She voiced concerns regarding transients and the occurrence of damage within the yard. Patricia Nicewander, Commodore of the Monterey Peninsula Yacht Club, commended the City staff. She voiced concerns about keeping the sailboats accessible and asked to maintain the current affordability and accessibility. Willard McCrone, Planning Commissioner, said that he also was asked to speak on behalf of the Planning Commission. He said that this project was never presented to them as a direction from the City Council. He said that the Commission specifically rejected growing the facility and chose 35 as the appropriate number of slips, to be used by the existing boat owners. He voiced objections and said that staff is circumventing the process by disagreeing with the Planning Commission. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Sollecito said that there were some mistakes and miscommunications. He noted that the temporary solution could be in place for a long time, but this is not necessarily the ultimate goal. He said that it is important to clean up the yard, and he supports the staff recommendation. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 11-176 C.S., confirming the 2007 Council direction for City management and location of the Boat Dry Storage Yard. Councilmember Haferman said that this seems to be in line with the Waterfront Committee recommendation. He noted that this plan has to move through a process with the Coastal Commission and CEQA review. Councilmember Downey said that the yard should be aligned with the Scout House. She noted that the Planning Commission agreed on most of the points. She said that doing this would make a huge improvement to the aesthetics at the waterfront. She apologized to the Planning Commission for this being out of sync with the Master Plan. Councilmember Selfridge agreed with Councilmember Downey's comments. Councilmember Downey asked the motion maker to take out the word "generally" in point number 3 on the resolution in order to preserve the trees on either side of the yard, and Councilmember Sollecito and the seconder agreed to the amendment. Mayor Della Sala said that this is a relatively low expenditure that will allow a great improvement to the area. He said that this would in no way interfere with the Master Planning process. 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 15. Receive Financial Report on 4th Quarter 2010-11 and 1st Quarter 2011-12 (Finance - 406-03) Action: Received report Finance Director Rhoads presented the report, and answered Councilmembers' questions. Councilmember Sollecito suggested that cities might take action regarding unfunded state mandates and the clean water act. City Manager Meurer said that Monterey has already joined 6 City Council Minutes Tuesday, December 20, 2011 with other cities regarding this matter. Mr. Rerig agreed that the act has created a very cumbersome and staff intensive process. Mayor Della Sala opened the floor for public comments, and having no requests to speak, returned the discussion to the dais, noting that the financial report has been received by the Council. COUNCIL COMMENTS Councilmember Selfridge congratulated the Monterey Bay Symphony for their excellent free family concert last Saturday. She introduced Dr. Jane who is visiting from China and working with MIIS. Councilmember Downey said that the issue of electronic packets was brought up at the recent meeting with the City's Boards and Commissions. She cautioned that using electronic devices at the dais could induce Brown Act violations and asked staff to look into that matter. Ms. Downey asked if Mr. Morgan's issues regarding Ramona Avenue parking have been addressed, and staff said that they are in contact with Mr. Morgan. Councilmember Downey said that she is considering if the Mucky Duck issue should be brought back to the Council and whether the ABC rules could be changed. She asked if a restriction could be loosened when the matter comes back to the Council in six months. Interim City Attorney Davi said that those conditions of approval could be reevaluated and changed at that time. Ms. Downey said that she wants to consider at the six-month review making the regulations on the Mucky Duck the same as those imposed on other, similar businesses. Councilmember Sollecito recommended that Councilmembers visit the Fresh and Easy site prior to the next hearing. Ms. Downey suggested going around 3:30 in the afternoon to see the traffic impacts. She said that she has requested reopening the use permit for the gymnastics studio. Chief of Planning Rerig said that staff is working with the owners of the gymnastic studio. Mayor Della Sala said that the Fairgrounds Subcommittee has not met for a while, and because of recent activity he plans to call a meeting of that committee. He said that the City Councilmembers serve on a lot of outside agencies, and the time spent here is only a small part of their community involvement. He thanked the Councilmembers for their service. He said that Monterey is a world class city, known for many things and if it were not for the stability of the staff, Monterey would not be the City that it has become. He thanked the staff and wished everyone a Merry Christmas and Happy Holidays. CITY MANAGER REPORTS With regard to accessing the agenda materials via a personal electronic device, City Manager Meurer said that anyone can intentionally violate the Brown Act today, and that should not stop us from using the appropriate technology. 7 City Council Minutes Tuesday, December 20, 2011 ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 6:14 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 8