Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 7, 2012 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, Selfridge, Sollecito, Della Sala Absent: Councilmember Haferman City Staff City Manager, Interim City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Finance Director, Fire Chief, Community Services Director, Human Resources Director, Assistant Director Plans and Public Works, Chief of Planning, Engineering, and Environmental Compliance, Deputy Police Chief, City Engineer, Senior Planner, Traffic Engineer, Principal Planner, Senior Associate Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. City Manager Meurer recommended that Council continue Item 16 in order to give staff additional time to clarify some issues. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled Item 16: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PRESENTATIONS 1. Recognition from the United States Environmental Protection Agency for the City of Monterey's Status as Member of the "2012 Green Power Leadership Club" (Plans & Public Works - 801-01) Action: Presentation made Assistant Director of Plans and Public Works Uslar made the presentation, recognizing Monterey as a member of the 2012 Green Power Leadership Club. 2. Presentation on the 3rd Anniversary of the 2-1-1 Program by United Way of Monterey County (Information Resources - 701-17) Action: Presentation made Community Services Director Bui Burton introduced Katy Castagna, Chief Operating Officer, and Fatima Dias, Director of Marketing and Communication, for the United Way. Ms. Castagna and Ms. Dias presented a report on 2-1-1 Monterey County.  City Council Minutes Tuesday, February 7, 2012 CONSENT ITEMS Councilmember Selfridge asked to continue Items 7 and 8 until the next meeting so she could get additional information. Councilmember Sollecito said that he would prefer to hear a staff report and continue the item if more information is needed. Regarding Item 8, Councilmember Downey asked for clarification whether the new person hired into the position would be paid the same amount as the incumbent, and the City Manager explained that the salary range would be the same, but the new employee would be hired at step 1 versus step 5. Ms. Downey said that she would prefer that every position be reviewed when there is a vacancy. Assistant City Manager Cohn said that staff evaluates every position that is vacated. 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 7 and 8: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Selfridge, seconded by Councilmember Downey, and carried by the following vote, the City Council continued Items 7 and 8 until the next City Council meeting: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. January 12, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman absent) 4. January 17, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Haferman absent) Award of Contracts 5. Award Presidio of Monterey (POM) 800 Series Barracks - Upgrade Boiler System Project Contract for Construction***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 12-017 C.S. (4-0-1; Haferman absent) 6. Award Install Generator, ORD Military Complex Building 4463 Project Contract for Construction ***PMSA*** (Plans & Public Works - 807-02) 2  City Council Minutes Tuesday, February 7, 2012 Action: Adopted Resolution No. 12-018 C.S. (4-0-1; Haferman absent) Resolutions 7. Amending Resolution 11-0801 Changing the Position Control List By Deleting One Solid Waste Program Manager Position and Adding One Sustainability Coordinator Position (Plans & Public Works - 502-11) Action: Continued to February 21, 2012 (4-0-1; Haferman absent) 8. Authorizing Staffing Changes in the Office of the City Manager (City Manager - 502-03) Action: Continued to February 21, 2012 (4-0-1; Haferman absent) 9. Approve a Mills Act Contract for 201 Van Buren Street (Perry-Downer House); HPC Application 11-270; Applicant/Owner James Cox (Cox Holding Company, LLC); PC-H-2 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Resolution No. 12-019 C.S. (4-0-1; Haferman absent) Other 10. Review and Approve City of Monterey Investment Policy (Finance - 407-01) Action: Approved (4-0-1; Haferman absent) 11. Recommendation for Appointments to the Planning Commission and the Architectural Review Committee Action: Appointed Hansen Reed to the Planning Commission with a term expiring 6/30/2012 and Gordon Bartram to the ARC with a term expiring 6/30/2013 (4-0-1; Haferman absent) 12. Approve Aguajito Oaks Alternate to Neighborhood Improvement Program Committee for Calendar Year 2012 (Plans & Public Works - 701-04) Action: Approved (4-0-1; Haferman absent) 13. Reject Claim - Turner (Finance - 408-04) Action: Rejected claim (4-0-1; Haferman absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Matt Armstrong, Impact MB, referenced an invitation he sent to the Council and Staff to tour the businesses on Alvarado Street on February 10, 2012. He noted that he recognizes that there are potential Brown Act Issues if a quorum attends. City Manager Meurer cautioned the Council about the invitation to join Facebook due to potential Brown Act issues and suggested that no more than two Councilmembers attend the Downtown event. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 14. Receive Storm Water Program Informational Report (Plans & Public Works - 806-11) Action: Received report 3  City Council Minutes Tuesday, February 7, 2012 Associate Planner Wooten and City Engineer Reeves presented the Storm Water Permit Compliance Program report. Council adjourned to closed session at 5:29 p.m. ANNOUNCEMENTS FROM CLOSED SESSION The City Council reconvened in open session at 5:42 p.m. After giving direction in the closed session regarding a Conference with Legal Counsel concerning existing litigation, Grigori vs. City of Monterey and Pegasus Risk Management, they immediately took action on the matter in open session under Item 15. OTHER BUSINESS 15. Authorize Workers' Compensation Settlement - R. Grigori. (Human Resources - 505-02) Action: Authorized (4-0-1; Haferman absent) On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council authorized the Workers' Compensation Settlement - R. Grigori: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 5:43 p.m., then reconvened the meeting at 7:00 p.m. Councilmember Haferman was absent. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Joe Headley, Monterey Peninsula Yacht Club, said that during the next few meetings one of the club's volunteers would make a brief presentation regarding their activities as a volunteer for the club. Don Hoover, Downtown Business Owner and former Yacht Club Commodore, gave a brief overview of some of the club's programs. Larry Parrish, Occupy Monterey, said that he was disappointed by comments made by the neighbors at the last meeting, and he advocated for the homeless. He proposed that free campsites be made available at Veteran's Park. Allen Hoffa, Monterey resident and Occupy Monterey Peninsula member, said that while he was disappointed by the Council's decision he understood it. He offered his assistance in helping the homeless and proposed forming a task force to address the issue. He said that OMP has a food drop for the homeless on Saturdays at Colton Hall. Gary Carnes, Occupy Monterey Peninsula, said that OMP is taking part in the 'Move Your Money' campaign and submitted a Public Records Act request. He suggested holding a welcome home parade for returning veterans. Maxwell Breen said that he is not happy with the way the City handled the dissolution of the Occupy Monterey camp and voiced concerns about police reports about the camp. Nina Beatty 4  City Council Minutes Tuesday, February 7, 2012 reported that the PUC voted 4-0 to charge fees to opt out of the SmartMeter program and voiced her concerns. Lorna Moffett voiced concerns about the National Defense Authorization Act and asked Council to study it and resolve that the police are not going to abide by it. Mayor Della Sala acknowledged Alex Peterson, Civics teacher from Monterey High School, and his students who were attending the meeting. Having no further requests to speak, Mayor Della Sala closed public comments on items not on the agenda. PUBLIC APPEARANCE 16. Establish North Fremont Street as the Next Priority for Undergrounding Utilities (Plans & Public Works - 804-04) Action: Tabled (4-0-1; Haferman absent) PUBLIC HEARING 17. Consider Appeal of Planning Commission and ARC Decision – Architectural Review of 1001 Hellam Street; Appeal 11-302 of Appeal 11-250 of Architectural Review Application 11-062; Appellants/Owners Ray and Liz LaBonte. (Plans & Public Works - 701-18) Action: Denied the appeal of Planning Commission and ARC Decision and denied the project; finding that the views of other properties are unreasonably impaired as a result of the height of the garage; directed the City Attorney to return with proper findings; and proposed that the parties participate in a mediation of process (4-0-1; Haferman absent) City Manager Meurer introduced the item, apologizing because this matter is the result of a staff error. He said that in order to correct the error, Council should hear this item and consider it as if the project has not been built. Interim City Attorney Davi explained the legal issues associated with the City's view impact standards, explaining that the ordinance points to an evaluation of the reasonableness of the view impact. Councilmember Selfridge disclosed that she talked with Mrs. Mercurio last summer regarding difficulties she was having getting information about the project, and that Councilmember Selfridge had referred that call to the Assistant City Manager. Senior Planner Ebbs presented the staff report, reviewing the background and the issues surrounding the project and recommended that the Council find that the project does not unreasonably impair the views from 1007 Hellam Street and grant the appeal. Mayor Della Sala opened the floor to the appellant. Ray LaBonte, owner, and Anthony Balesteri, head of Balesteri Construction, made the presentation. Mr. LaBonte said that the building is there, so this matter should not be heard as if it does not already exist. He stated that the work passed every inspection. He said that the ARC hearing was out of the norm and influenced by external events, specifically the letter from Ms. Kemp. Mr. LaBonte voiced concerns that there had been Brown Act violations by staff and commissioners. He explained that the former roof was too flat and water would not drain. He said that they are adding 700 square feet to a 1200 square foot house. Mr. Balesteri reviewed how the project started with a demolition of the garage due to the roof caving in and a cracked foundation. He said that everything that has been done was under compliance with the building permit. Mayor Della Sala opened the floor to representatives of the Mercurios. Myron Etienne said that the staff decision is at the root of the problem. He said that the Mercurios were assured by staff that there would be a notice sent, and that was not done. He asked the City Council to deny the project. Christine Kemp asked that the Council not eliminate 25 years of policy and guidelines 5 City Council Minutes Tuesday, February 7, 2012 in making this decision, saying that the view impact policy is applicable. She said that the application was taken in as a major ARC project. She stated that there was no error in the ARC or Planning Commission analysis and asked that Council uphold those decisions. She submitted photographs of the existing and previous conditions. Mayor Della Sala called a recess at 8:52 p.m., and reconvened the meeting at 9:00 p.m. Mayor Della Sala opened the floor for general public comment. Geraline Smith-Crivello, neighbor, said that she is looking for a process she can depend on and is hoping that the Council can come up with a solution that we can build on for the future. David Crabbe, realtor, spoke in support of the Mercurios, saying that the loss of the view and light has decreased the value of their house. He said that the ARC did a fair evaluation. Vince Dorio, general contractor, said that he built the Mercurio home and they went through the process, and this matter could have been handled a long time ago if it had been processed properly. George Lemmon, neighbor, said that the story poles were misleading because they were not high enough. He said that he believes the addition will become an apartment. Janelle Trincolli said that the value impact is at least $100,000 due to the view impact and the lack of light. William Vasilovich, building designer of record, said that the project began as the addition of a deck, but evolved over time. He said that he was filling out the application for the project and informed the LaBontes that the project had to go to the ARC when he was summarily dismissed. He said that he could have redesigned the project if so instructed by the ARC, but was dismissed before he could do that. Dominic Mercurio said that he had to go through the ARC for a sign approval. Armando, senior project consultant for Balesteri Construction, said that he has pictures showing the story poles were properly placed and there is a doorway that will go into the home, but it is currently closed off to keep the dust out. John Pisto said that this has been very tough on his family, and the City is part of it. He asked why staff ignored Mr. Mercurio. Raymond Joseph LaBonte Jr. said that this process has been very painful for the family. He asked the Council to fix the issue. Liz LaBonte-Bailey said that making an improvement to a house was new to them. She said that the house is too small and she asked Council to do the right thing and fix the issue. Mike Dawson, ARC Chair speaking for himself, said that the ARC voted unanimously to deny the project. He said that the right thing would be to grant the appeal and require that the pitch of the roof be reduced to fix an unreasonable view impact. Angela Mercurio reviewed a portion of the timeline, saying that she was initially told that she would receive a notice. She said that the roof has destroyed their living environment. Sam Mercurio said that this project was kept from him and his wife from day one and has never been changed. Having no further requests to speak, Mayor Della Sala closed the hearing. It was moved by Councilmember Downey, and seconded by Mayor Della Sala, to deny the appeal of Planning Commission and ARC Decision – Architectural Review of 1001 Hellam Street; Appeal 11-302 of Appeal 11-250 of Architectural Review Application 11-062, and deny the project; finding that the views of other properties are unreasonably impaired as a result of the height of the garage; direct the City Attorney to return with proper findings; and propose that the parties institute a mediation of process. Mayor Della Sala suggested that the motion could be amended to approve the project on the condition of a reduced roof height. After further discussion, no amendment to the motion was made. 6 City Council Minutes Tuesday, February 7, 2012 The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haferman ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmembers expressed regret and apologized for the mistake that was made with regard to this property. COUNCIL COMMENTS Councilmember Selfridge congratulated the NAACP on their 80th anniversary. Councilmember Downey reported on a meeting she attended with Cal Am where they agreed that they would work with MRWPCA on recycling and groundwater replenishment, but are undecided on the desal plant. She reported on an upcoming candidate class and said that the SPCA has an impressive new building and a good staff. Mayor Della Sala reported that the Monterey Regional Water Authority will conduct its first meeting on February 9 in Carpenters hall in Carmel. Councilmember Downey said that she received a petition from a group, Citizens for a Safer Recreation Trail, and she asked that it be taken under advisement. Assistant City Manager Cohn said that staff is preparing a response to that petition. CITY MANAGER REPORTS City Manager Meurer said that some issues have come up about the new LED street lights, and staff is working to address those issues. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:51 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 7