Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 21, 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, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, Interim City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Finance Director, Community Services Director, Fire Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Assistant Director Plans and Public Works, Principal Planners, City Engineer, Senior Assistant City Clerk, Police Lieutenant, Principal Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-17) Action: Recognition given Mayor Della Sala read a proclamation honoring Sergeant Jonathan A. Jove. Sergeant Jove made brief comments. CONSENT ITEMS City Manager Meurer said that members of the public have requested removal of Item 5 and Item 14 from the consent agenda. He asked Council to table Item 9. Councilmember Haferman recused himself from voting on Item 5 because he was not present at the February 7th meeting. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5, 9, 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 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled Item 9: 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, February 21, 2012 Approval of Minutes 2. January 25, 2012 (Information Resources - 701-09) Action: Approved 3. January 30, 2012 (Information Resources - 701-09) Action: Approved 4. February 6, 2012 (Information Resources - 701-09) Action: Approved 5. February 7, 2012 (Information Resources - 701-09) Action: Removed from Consent; discussed; continued to March 6, 2012 (4-0-1; Haferman abstaining) Information Resources Director Gawf noted corrections that were made to the Minutes. Mayor Della Sala opened the floor for public comments. Ray LaBonte clarified that at the February 7th meeting he had requested arbitration rather than a mediator that was included in the motion. He asked to include the City and the Council's findings regarding his appeal in the mediation process. He suggested that mediation be changed to arbitration, and said that his comments regarding the Brown Act were omitted from the Minutes. He stated that he misspoke at the last meeting when he said that he told his grandson he could sleep in the loft, because no one would be sleeping there. Having no further requests to speak, Mayor Della Sala closed public comments and explained to Mr. LaBonte that the Minutes are a record of what was said at the meeting. Ms. Gawf said that she had reviewed the video of the meeting and would include a statement about Mr. La Bonte's Brown Act concerns. Mayor Della Sala suggested continuing the item so those changes could be reviewed at the next meeting. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued approval of the February 7, 2012 Minutes to March 6, 2012: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Haferman RECUSED: 0 COUNCILMEMBERS: None Award of Contracts 6. Award POM #624 Floor Covering Project ***PMSA*** Contract (Plans & Public Works - 903-02) Action: Adopted Resolution No. 12-020 C.S. 7. Award Water Treatment for Boiler Systems at City of Monterey, Presidio of Monterey and Camp Roberts Service Contract***PMSA*** (Plans & Public Works - 903-06) Action: Adopted Resolution No. 12-021 C.S. 2  City Council Minutes Tuesday, February 21, 2012 Ordinances 8. First Reading - Adopt 2012 Omnibus Ordinance Amending Multiple Sections of the Monterey City Code (Information Resources - 701-11) Action: Passed Ordinance to print Resolutions 9. Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with Various Monterey Peninsula Law Enforcement Agencies, County of Monterey, and the California Highway Patrol for the Formation of the Peninsula Regional Violence and Narcotics Team (Police - 704-05) Action: Tabled 10. Authorize New Lease with Lawrence and Tammara Chavez dba Monterey Rock and Roll Experience for the apx. 525 Square Foot Portion of the Vacant Ground Floor Space at 380 Alvarado Street, Suite 102. (Plans & Public Works - 206-03) Action: Adopted Resolution No. 12-022 C.S. 11. Authorize New Lease with Debra Crawford Annis dba Law Offices of Crawford and Crawford for the apx. 550 Square Foot Portion of the Vacant Second Floor Office Space at 380 Alvarado Street, Suite 202. (Plans & Public Works - 206-03) Action: Adopted Resolution No. 12-023 C.S. 12. Resolution Authorizing Appropriation of Community Foundation for Monterey County Grant Funds for Historic Structures Report for Colton Hall and Appropriation of Donation for Historic Monterey (Library - 409-05) Action: Adopted Resolution No. 12-024 C.S. 13. Amend Contract for Professional Services with Parsons Brinckerhoff for Holman Highway 68 Roundabout Concept Design and Appropriate Funds from the 2011-12 Monterey Bay Unified Air Pollution Control District AB 2766 Grant (Plans & Public Works - 803-11) Action: Adopted Resolution No. 12-025 C.S. Other 14. Reject Bids for Jacks Park Replace Power Panel Project ***NIP*** (Plans & Public Works - 405- 04) Action: :Removed from Consent; discussed; adopted Resolution No. 12-026 C.S. Principal Engineer McMinn presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments. Kuljit Khunkhun, representing EIA MIA Inc., said that he was the lowest bidder for the project. He said he offered to negotiate the project, and he said that he does not understand why the negotiations would not take place until after the bids are rejected. City Manager Meurer explained that the City is waiting for information from PG&E, and, based on the bids, the City does not have enough money for the project. Assistant City Manager Cohn said that any negotiations would likely change the scope of the project, so to be fair to all bidders the project would be rebid. He said that the timing is a 3  City Council Minutes Tuesday, February 21, 2012 concern due to the impending baseball season. Mr. Khunkhun said that he could start the project at any time. Tom Rowley said that it is reassuring that the City is concerned about the lights going out at the park during the season, and he complimented the City on taking the necessary steps to make sure the project is done properly. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Haferman, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 12-026 C.S. rejecting all bids for the Jacks Park Replace Power Panel project: 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 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Tom Rowley said that he attended the Planning Commission meeting regarding transportation and was able to voice his concerns about creating "Son of Crunch Alley" at the Highway 1 exit onto North Fremont Street. He asked Council not to approve the consultant's recommendation on that issue. Larry Parish said that he sent out a proposal that he mentioned at the last City Council meeting about creating a free campground for the homeless at Veteran's Park. Jim Cullem reported that about twenty citizens, including himself, took advantage of the most recent CERT training program and he thanked the trainers. He said that part of that training was to learn how to turn off utilities in certain emergencies, and he was unable to turn the gas valve at his house. He suggested that the City review the PG&E franchise agreement and have them inspect all shutoff valves. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 15. Mid-year Budget Review (Finance - 406-03) Action: Received and discussed report Finance Director Rhoads presented the staff report, reviewing the changes in the budget. He explained that the recent court ruling regarding redevelopment agencies has created an operating deficit. He recommended an advance payment to the General Fund from the Parking Fund to cover that deficit and said that staff would bring that recommendation back during the budget process. Councilmember Sollecito reported that the League of California Cities has said that the State staff is looking at ways to take additional money from cities, especially TOT revenues. The Mayor and Councilmember Sollecito suggested that it would be prudent to consider how to further protect City revenues. 4  City Council Minutes Tuesday, February 21, 2012 Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, returned the discussion to the dais. City Manager Meurer noted that staff would continue to review ways to reduce expenditures through staffing and shared services with other agencies in the area. He said that there is movement toward two additional rounds of BRAC, and staff is keeping an eye on that situation. Mayor Della Sala called a recess at 5:29 p.m. The City Council reconvened at 7:00 p.m., and all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION The closed session was postponed until the end of the evening session, so there were no announcements. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. James Bryant spoke about the LED lighting that is being installed throughout the City, asking that a standard be established for the Historic District. He cautioned that the new lights would detract from the atmosphere. Ron Blue, Monterey Peninsula Yacht Club, spoke about his experience as the Vice-Commodore and volunteer for the club. He announced a presentation on February 28th regarding next summer’s America's Cup, and he invited the Council to attend. Nina Beatty said that she submitted an application to the NIP suggesting a project for a permaculture training program in order to prepare City staff and residents for the future. She said that Palo Alto has decided that SmartMeters are not cost effective and will not be installing them. She presented an update on the SmartMeter opt-out fees. Having no further requests to speak, Mayor Della Sala closed public comments on non-agendized items. On question from the Mayor, Chief of Planning Rerig said that he has been working with Mr. Bryant on the guidelines, and he gave a brief update on the progress. PUBLIC APPEARANCE 16. Adoption of Findings for Denial; 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: Directed the City Attorney return to the Council with amended findings for denial of the project; return the entire project to the ARC for review; and arrange mediation between the City and the two families (4-0-1; Haferman not participating) Councilmember Haferman said that while he does not have a conflict of interest on this item, he would not be voting on any motions tonight because he was not present at the last meeting. He remained at the dais. Senior Planner Ebbs presented the staff report. Mayor Della Sala opened the floor to the property owner. Ray LaBonte presented a copy of the 2003 Brown Act , and read a summary of the purpose and restrictions of the Brown Act, saying that there might be both civil and criminal violations of 5 City Council Minutes Tuesday, February 21, 2012 the Act, including accessory after the fact. He said that if Council affirms the findings of the ARC, they would be accepting tarnished and biased material. He said that he rejects any recommendation that follows the original recommendation by the Senior Planner. Christine Kemp, on behalf of Mr. and Mrs. Mercurio, said that she submitted suggested revised findings for decision via an email today, and she reviewed her suggestions. On question, City Attorney Davi explained that the findings were drafted based on the testimony and Council discussion regarding the garage. She reviewed Ms. Kemp's statements regarding the height of the garage from the last City Council meeting. City Manager Meurer said that his intent would be to enter into the mediation to solve the problem that was defined, and he said that Council's findings will drive what staff moves forward to remedy. Mayor Della Sala said that Council's February 7th hearing was de novo and not reliant on any previous hearings by the ARC or Planning Commission. On question, Ms. Kemp said that her document was taken from the staff report that is before the City Council tonight. Mayor Della Sala opened the floor for general public comments. John Pisto said that he was present when the Council took a field trip and the Council was taken through the entire first story of the Mercurio home to see the views were blocked by the whole project, not just the garage. Sam Mercurio said that the Council saw the devastation of the views, and he said that just taking the garage down would not look right. He asked to take the entire length of the roof down. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Downey said that when she used the word "project" she intended that the whole project go back to the ARC for review. City Attorney return with findings for the project; return to ARC; mediation between the City and two families. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council directed the City Attorney return to the Council with amended findings denying the project; and directed staff to return the entire project to the ARC for review and arrange mediation between the City and the two families: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Haferman RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala said that he understands why the findings were drafted as they were by staff because most of the discussion centered around the garage. Mayor Della Sala recused himself from the hearing of Items 17 and 18 because he owns property in the vicinity. Councilmember Selfridge said that she also owns property within 500 feet of the affected properties on Item 18, and she would recuse herself from hearing that item. Mayor Della Sala turned the gavel over to Vice Mayor Downey and left the chamber. Senior Associate Planner Hopper presented the staff report. 6  City Council Minutes Tuesday, February 21, 2012 PUBLIC HEARING 17. Adopt the National Historic Landmark District and Downtown Area Historic Context Statement and Reconnaissance Survey (Plans & Public Works - 203-07) Action: Adopted the National Historic Landmark District and Downtown Area Historic Context Statement and Reconnaissance Survey with exclusions recommended by staff and the HPC, and staff-recommended revisions to the Context Statement; and directed staff to take designated properties back to the HPC for review (4-0-1; Della Sala not participating due to a potential conflict of interest) Senior Associate Planner Hopper presented the staff report. Matthew Davis of the Architectural Resources Group presented details of the survey. Councilmember Haferman expressed concern that the HPC has not reviewed the requested exclusions. Ms. Hopper suggested that Council could adopt the Context Statement and Survey and refer the properties back to the HPC. Vice Mayor Downey opened the Public Hearing. Yvonne Lyon asked that 508 Del Monte Ave be removed from the list, saying that the property had been altered over the years. She reviewed the specific changes to the facade. Mark Blum, on behalf of Kit Sakamoto owner of 424 Pearl Street, presented evidence that the property is not historic. He asked for a decision on that property tonight. Frank Donangelo, Foursome Development Company, said that his company's building at 445 Tyler has been considerably altered over the years, including window, door, roof, and interior changes. Joe and Mike Ansel, owners of 527 Van Buren Street, said that the building was moved to its current location, and the architectural integrity is not consonant with the immediate area, has been irrevocably modified, has an addition of approximately 25%, and was raised to produce a cellar. He asked Council to decide tonight to exclude the property from the list. James Bryant, Monterey resident, congratulated staff and Matt Davis for bringing this to fruition, saying that they were responsive to suggestions from the community. He suggested that this matter merits a story in the local newspaper. Frank Flores, 414 Adams and East Franklin Street owner, said that they have gathered information showing that the property is not historic and done due diligence. He asked Council to make a decision tonight. On question, Ms. Hopper said that she is prepared to present the information that was provided by the property owners. She said that staff has reviewed evidence for 245 Van Buren, 445 Tyler, and 420 Pearl and is recommending that those be excluded from the list. She said that 414 Adams is recommended for exclusion. She stated that staff does not recommend exclusion of 527 Van Buren, saying that even though it has been moved, it was during its period of significance between 1905 and 1912 and is architecturally intact. It was moved by Councilmember Haferman, and seconded by Councilmember Sollecito, to adopt the National Historic Landmark District and Downtown Area Historic Context Statement and Reconnaissance Survey with exclusions recommended by staff and the HPC and staff recommended revisions to the Context Statement; and refer the 501, 511, and 539 Figueroa street properties, 527 Van Buren Street and 398 East Franklin and 508 Del Monte Avenue properties back to the HPC for evaluation and recommendation to the City Council. Vice Mayor Downey called a recess at 9:15 p.m., then reconvened the meeting at 9:29 p.m. 7  City Council Minutes Tuesday, February 21, 2012 Staff clarified that documentation was provided to the HPC regarding 508 Del Monte and recommends further research and formal documentation, and because no additional information has been provided, the action would likely be the same at the HPC. Councilmember Haferman amended his motion to remove 508 Del Monte Avenue from the properties to be returned to the HPC, and the seconder agreed. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala Councilmembers agreed that this would be a good subject for a newspaper article and asked that staff issue a press release. Councilmember Selfridge recused herself from hearing Item 18 and left the Chamber. 18. 1st Reading - M.C.C. Section 38-62 Amendment to Allow a Mix of Office and Residential Uses on One Property. The proposed text amendments will affect the existing parcels zoned Administrative Office Overlay Zoning District for the following Assessor Parcels/Addresses: 001827001000 / 101 Camino Aguajito; 001831001000 / 200 Camino Aguajito and 1064 Second St; 001836006000 / 371 Camino Aguajito; 001837011000 / 400 Camino Aguajito; 001846012000 / 660 Camino Aguajito; 001847014000 / 1043 Eighth St; 001847013000 / 1045 Eighth St; 001851005000 / 1050 Eighth Street; 001851006000 / 1050 Eighth Street; 001837009000 / 1035 Fifth; 001827015000 / 1038 First; 001836005000 / 1087 Fourth St; 013031069000 / 205 Montecito Ave; 001652008000 / 1334 Munras Ave; 001652003000 / 1398 Munras Ave; 001853018000 / 1201 Ninth St; 001853017000 / 1215 Ninth St; 001882002000 / 44 Porta Vista Dr; 001882004000 / 46 Porta Vista Dr; 001882006000 / 50 Porta Vista Dr; 001882003000 / 52 Porta Vista Dr ; 001882005000 / 55 Porta Vista Dr; 001882001000 / 56 Porta Vista Dr; 001882007000 / 56 Porta Vista Dr; 001881062000 / 53 Soledad Dr; 001661043000 / 81 Via Robles; 001661027000 / 99 Via Robles; 001881060000 / 1 Via Zaragoza; (Plans & Public Works - 201-12) Action: Certified the Negative Declaration; passed Ordinance to print (3-0-2; Selfridge, Della Sala not participating due to potential conflict of interest) Principal Planner Cole presented the staff report. Vice Mayor Downey opened the Public Hearing. A gentleman who did not identify himself spoke in support of the item. Vice Mayor Downey closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council certified the Negative Declaration and passed an ordinance to print amending M.C.C. Section 38-62 to allow a mix of office and residential uses on one property, affecting the existing parcels zoned Administrative Office Overlay Zoning District as outlined in the staff report: 8  City Council Minutes Tuesday, February 21, 2012 AYES: 3 COUNCILMEMBERS: Downey, Haferman, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 2 COUNCILMEMBERS: Selfridge, Della Sala Mayor Della Sala and Councilmember Selfridge returned to the dais, and Vice Mayor Downey handed the gavel back to the Mayor. OTHER BUSINESS 19. Authorizing Staffing Changes in the Office of the City Manager (City Manager - 502-03) Action: Adopted Resolution No. 12-028 C.S. Assistant City Manager Cohn presented the staff report. Mayor Della Sala opened public comment on the item, and having no requests to speak, closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 12-028 C.S. authorizing staffing changes in the Office of the City Manager: 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 Vice Mayor Downey offered kudos to the Monterey County Supervisors for rescinding their support of the Whispering Oaks decision. She said that she and Councilmember Sollecito were in downtown Monterey on a tour visiting restaurants/bars from about 9:30 p.m. until midnight, and she was proud to see the caliber of people. She asked if it would be appropriate to send a letter to ABC applauding the operation of the Mucky Duck. She asked to agendize an item for that purpose. She said she is pleased that the City was recognized by the business community for the Hartnel Gulch walkway. She suggested that a music venue at the State Theater would help revitalize the downtown. Councilmember Sollecito said that he has been reappointed to the Public Safety Commission for the State as well as the National League's Public Safety Committee. He said these appointments give him the opportunity to give input on important public safety issues. Mayor Della Sala thanked Councilmember Sollecito for volunteering his time to these important issues and said that it deserves Council's support. Councilmember Selfridge congratulated the graduating CERT class. She asked to agendize a possible restructuring and an adjustment to the salary schedule for the Assistant City Manager position, to take effect on July 1, 2012. Mayor Della Sala said that the next meeting of the Mayors' JPA has been rescheduled to Saturday February 25th at 1:00 p.m. at Sunset Center. Councilmember Downey noted that at their first meeting, the JPA did not discuss the issues included in the Monterey City Council's motion. Mayor Della Sala said that the first meeting was purely organizational. 9 City Council Minutes Tuesday, February 21, 2012 CITY MANAGER REPORTS City Manager Meurer reported that there have been two activations of the EOC recently and both went very well. He said that the Mayor and Vice Mayor are working to come up with a Council Retreat date and time. ADJOURNMENT Council adjourned to closed session at 10:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 10:27 p.m. Information Resources Director/City Clerk Gawf announced that in a conference with their legal counsel regarding Fenwick vs. City of Monterey Workers Compensation Appeals Board, the City Council gave confidential direction to their legal counsel a unanimous roll call vote. She reported that in a conference with labor negotiators, regarding negotiations with MEA, the City Council gave confidential direction to their negotiators on a 4-1 roll call vote, with Selfridge voting no. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 10