Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 6, 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, Community Services Director, Fire Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental , Principal Planner, Housing & Property Manager, City Engineer, Senior Planner, Harbormaster, Police Lieutenant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. CONSENT ITEMS Councilmember Selfridge asked to remove Item 9. She and Mayor Della Sala recused themselves from voting on Item 4. She noted a no vote on Item 7. Councilmember Haferman recused himself from voting on Item 1 because he was not present at the February 7 meeting. Mayor Della Sala opened public comment on items on the Consent Agenda. Mary Alice Cerrito- Fettis, commented on Item 10, saying that the issue is an assignment of lease, not a new lease. She said that the City would realize more revenue through this assignment, and explained that Joshi's history with other restaurants support this statement. On question she explained that the lease assignment provides a return on her invest in the building and pilings, as well as on the time she spends. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Item 9; with Councilmember Selfridge and Mayor Della Sala abstaining from voting on Item 4, Councilmember Selfridge voting no on item 7, and Councilmember Haferman abstaining on Item 1: 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. February 7, 2012. Continued From February 21, 2012 Council Meeting. (Information Resources - 701-09) Action: Approved (4-0-1; Haferman abstaining)  City Council Minutes Tuesday, March 6, 2012 2. February 21, 2012 (Information Resources - 701-09) Action: Approved Ordinances 3. Second Reading - Adopt 2012 Omnibus Ordinance Amending Multiple Sections of the Monterey City Code (Information Resources - 11) Action: Adopted Ordinance No. 3471 4. Second 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 - 12) Action: Adopted Ordinance No. 3472 (3-0-2; Selfridge, Della Sala recused) Resolutions 5. Authorizing the Fire Department to Hire Experienced Firefighters from the California Firefighter Joint Apprenticeship Committee (CFFJAC) Displaced Firefighter List (Fire - 502-11) Action: Adopted Resolution No. 12-028 C.S. 6. Supporting Designation of Public Lands Managed by the Bureau of Land Management on the Former Fort Ord as a National Monument (Plans & Public Works - 809-09) Action: Adopted Resolution No. 12-029 C.S. 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: Adopted Resolution No. 12-030 C.S. (4-1; Selfridge voting no) 8. Award Mark Thomas Drive Sidewalk and Class 2 Bike Lanes Project Contract for Construction Management and Inspection ***CIP/NIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-031 C.S. 2  City Council Minutes Tuesday, March 6, 2012 9. Support Proposed Legislation Action for Extension of Fort Ord Reuse Authority (FORA) until 2024 (Plans & Public Works - 203-02) Action: Removed from Consent; discussed; adopted Resolution No. 12-032 C.S. supporting proposed legislation for Extension of Fort Ord Reuse Authority in accordance with Assembly Bill 1614: (4-0-1; Downey abstaining) Chief of Planning Rerig presented the staff report. On question from Councilmember Downey, City Manager Meurer explained that some of the information in today's newspaper article was inaccurate. Steve Endsley, FORA, explained that the agreement caps taxpayer expenditures at $100 million, with overages paid by the insurer. He said that the recent public records request was for invoices from the contractor to the insurance company, and FORA does not have custody of those documents, but FORA produced all of the requested records that they had. On question from Councilmember Sollecito, Mr. Endsley said that liability for the remaining cleanup and mitigation would be handed off to the member agencies if FORA is not extended. City Manager Meurer gave a brief history of how and why the plan was developed to include open space and habitat management. Councilmember Selfridge said that FORA is looking at how to reuse some of the blighted areas. She said that she supports an extension, but thinks that ten years is too long. Councilmember Haferman said that the assembly bill likely designates ten years. Councilmember Selfridge said that she thinks six years is enough. It was moved by Councilmember Selfridge, and seconded by Councilmember Downey, to support proposed legislation to extend of Fort Ord Reuse Authority (FORA), but for less than ten years: Councilmember Haferman suggested amending the motion to support the extension of the sunset date for FORA, adding that Council had some discussion regarding shortening the time to six years, and leaving it to Assemblyman Monning to determine the proper time period. Mayor Della Sala agreed, saying that Council would need to do additional studies to determine the correct timeframe. Councilmember Downey suggested amending the motion to support the legislation and add that Council hopes it will take less than ten years. City Attorney Davi read from the legislation, explaining that if 80% of the work is done, FORA's authority would end sooner. Councilmember Downey said that she does not think she knows enough to vote on this matter. Councilmember Sollecito said he would support continuing FORA but does not wish to stipulate a timeframe. Councilmember Haferman suggested amending the motion to simply support AB 1614 and leave out the dates. Councilmember Selfridge agreed to amend her motion as suggested. Councilmember Downey said that she would need additional information to vote on the issue. in accordance with AB 1614: Councilmember Selfridge amended her motion, which was seconded by Mayor Della Sala and carried by the following vote, to adopt Resolution No. 12-032 C.S. supporting proposed legislation for Extension of Fort Ord Reuse Authority (FORA), in accordance with Assembly Bill 1614: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Downey RECUSED: 0 COUNCILMEMBERS: None Other 3  City Council Minutes Tuesday, March 6, 2012 10. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Rick Marvin and Chip Rerig to Provide Negotiating Direction to Respond to Sublease Request for Gilbert's Restaurant at Wharf No. 1 Concession #33 (Plans & Public Works - 704-07) Action: Approved ***End of Consent Agenda*** Adjourn to City Council Meeting PUBLIC COMMENTS Mayor Della Sala opened the floor for for public comments on items not on the agenda, no one came forward, and he closed public comments. PUBLIC APPEARANCE 11. Award a Contract for Construction Management Services for Completion of the Monterey Hotel Apartments at 406 Alvarado Street. (Plans & Public Works - 701-13) Action: Tabled, pending additional information (4-1; Della Sala voting no) Property and Housing Manager Marvin presented the staff report, recommending that Council authorize the professional services contract for phased construction management services. On question, he explained that the money is currently in escrow and would not come from the General Fund. He further outlined additional potential expenses that are anticipated to be paid from the escrow account. Mayor Della Sala opened the floor for public comment on the item. Nelson Vega spoke in opposition to proceeding with the project and suggested giving it back to the bank and offering to help them develop a hotel. He opposed spending additional money and said that low income housing is not an appropriate use for the site. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Haferman asked what would happen if the City decided not to proceed. Mr. Marvin noted that the City could not promise that a hotel could be developed there. He said that there is a risk that the City would be responsible to replace the lost 18 affordable apartments and would have to pay back $1.6 million to other taxing agencies. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the matter pending obtaining additional information on the RDA laws: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey suggested going to experts to obtain their opinions on this matter. City Manager Meurer said that as long as Council is comfortable with further delays then tabling is OK. The Mayor summarized that if the City does not move forward with this action, there is a potential liability for the $1.6 million already spent, plus a responsibility to provide 18 affordable units elsewhere. 4  City Council Minutes Tuesday, March 6, 2012 Mayor Della Sala said he thinks this phase should not be delayed. Councilmember Sollecito clarified that his intent is to just wait a bit longer for further clarification on the law and how to move into first position on foreclosure. Councilmember Selfridge said that she would like to have staff manage the project, and City Manager Meurer clarified that other project work would suffer. Mr. Marvin said staff can do a breakdown of the skill sets required and how that matches with staff, but it does not speak to capacity. Councilmember Selfrdige clarified that her requests for information are not included as part of the motion. Councilmember Haferman said he would like to explore if there is a better use. Mayor Della Sala noted that the closed session items would be heard later this evening, opened the floor for public comment on those items, and having no requests to speak, closed the floor and called a recess at 5:44 p.m. ***Adjourn to Closed Session*** Mayor Della Sala reconvened the meeting at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Della Sala said that the closed session would be held after this evening's session. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Dave Blaskovich, Rear Commodore at the Monterey Peninsula Yacht Club, distributed information to the City Council about the 2012 MPYC race schedule and discussed the economic benefits of the races. Jon Hill, Trustee of MPUSD, said that the district has a $20 million surplus and that he has set up a website to keep people informed and survey the public regarding their desires. TeeJay said that she is homeless and asked if Monterey would be willing to work on a drop in day center She spoke in support of homeless people on the Peninsula. Jim Courtney, President of the Monterey Fire Fighters Association, reported that some of their members would be traveling to New York to pick up a piece of steel from the 9-11 attacks. On question, he said that their Union is sponsoring the trip and the participants are traveling on their own time. Nina Beatty clarified that everyone who opts out of SmartMeters has to pay a $75 initial fee plus $10 per month. She said that the radiation exposure to a SmartMeter is huge compared to other devices. She said that wireless devices are a big problem. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 12. Adoption of Findings for 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. Continued From February 21, 2012 Council Meeting. (Plans & Public Works - 203-02) Action: Continued to March 20, 2012 with the stipulation that Council would move forward with an action at that meeting, even if an affected party is unable to attend (4-0- 5  City Council Minutes Tuesday, March 6, 2012 1; Haferman abstaining) Councilmember Haferman said that he would be abstaining from this item because he did not participate in the initial deliberation. Mayor Della Sala said that the applicant has requested a continuance, and the Mercurios have asked that the matter go forward tonight. City Attorney Davi said that while it is the discretion of the Council, past practice has been to grant a continuance when requested by the applicant. Mayor Della Sala opened public comment on the item. Christine Kemp, on behalf of the Mercurios, requested that the Council move forward because this a perfunctory action. She noted that the findings were published on Wednesday, and she asked Council to adopt them today. Having no further requests to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council continued the Item to the next Regular City Council Meeting with the stipulation that they would move forward with an action at that meeting, even if an affected party is unable to attend: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Haferman RECUSED: 0 COUNCILMEMBERS: None PUBLIC HEARING 13. 1st Reading - MCC 35-20 Amendment Related to Refunds of Transient Occupancy Taxes (City Attorney - 701-11) Action: Passed Ordinance to Print City Attorney Davi presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council passed to print the MCC 5-20 amendment related to refunds of Transient Occupancy Taxes: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Adopt Major Revision to Monterey City Code Chapter 31, Signs, and Adopt Citywide Sign Guidelines (Plans & Public Works - 201-08) Action: Passed Ordinance to print; adopted Resolution No. 12-033 C.S. Senior Planner Ebbs presented the staff report. Mayor Della Sala opened the Public Hearing. Mike Dawson, speaking as a private citizen, reported that the ARC spent many hours debating the issue and are happy with the outcome. Frank Donangelo, Cannery Row Company, Foursome Development Company, and Surfside Enterprises, congratulated the City on this work, and supported the ARC on the decision. He 6  City Council Minutes Tuesday, March 6, 2012 said that signs are the lifeblood of businesses. He thanked the staff and supported the Ordinance. Sean Adams, owner of Monterey Signs, supported the proposed changes to the code, particularly the North Fremont plan. Having no further requests to speak, Mayor Della Sala closed the public hearing. On a motion by Councilmember Haferman, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed the Ordinance to print and revising the Monterey City Code Chapter 31, Signs, and adopted Resolution No. 12-033 C.S., approving the Citywide Sign Guidelines: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Adjourn to Redevelopment Agency Meeting Adjourn to Joint Powers Authority Meeting Adjourn to Ocean View Community Services District Meeting Adjourn to City Council Meeting OTHER BUSINESS 15. Plan for City Council Retreat (City Council - ) Action: Decided to wait until after November 2012 to hold a teambuilding retreat; and decided to hold a facilitated strategic planning retreat as part of the budget process City Manager Meurer presented the report, asking Council if they would like to have a team building retreat and whether it would be facilitated. Councilmember Sollecito recommended going ahead with the strategic planning and decide afterward whether teambuilding is needed. Councilmember Haferman said that said that with elections coming up in November if this is the right timing. Mayor Della Sala said that the reason for the strategic planning is to assist with the budget.Mayor Della Sala reminded Council that Ms. Snider worked with Council during On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council decided to wait until after November for the teambuilding Retreat: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Selfridge suggested doing both the team Councilmember Haferman suggested that he would like a facilitator, but possibly someone less 7  City Council Minutes Tuesday, March 6, 2012 structured. He suggested Mr. Munks. Councilmembers discussed whether to hold it at a study session or all day. On a motion by Councilmember Sollecito, seconded by Councilmember Della Sala, and carried by the following vote, the City Council decided to hold a strategic planning retreat with a facilitator during the budget process: 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 Councilmembers discussed the possible dates for a retreat. Councilmember Haferman suggested Renee Main or Jeff Munks. Councilmember Selfridge said that Jeff Munks would be excellent COUNCIL COMMENTS Councilmember Downey asked about the progress of getting a story in the newspaper about the historic survey and the associated work Staff reported that it was in process. 16. Councilmember Request to Agendize a Letter to Alcohol Beverage Control (ABC) Applauding the Operation of the Mucky Duck by the New Owners (City Council - 203-02) Action: Agendized by consensus Councilmember Downey said that she heard compliments regarding the calaber of people coming to the bars since the Mucky Duck has changed ownership and that deserves Council's support. Councilmember Sollecito agreed and said it would serve to thank the new owners. There was consensus to agendize the matter for the next meeting. 17. Councilmember Request to Agendize Executive Management Compensation (Councilmember - 502-03) Action: Agendized by consensus Councilmember Selfridge said that salaries were set a long time ago and are unsustainable. She asked to agendize the matter with a goal of reducing the structural deficit. City Manager Meurer reported that the staff has already developed a list of comparible cities and will be bringing that back to the City Council. Ms. Selfridge asked that the Council receive an updated list of annual costs. There was concensus to agendize a closed session to discuss this matter. 18. Councilmember Request to Agendize Possible Restructuring and an Adjustment To the Salary Schedule for The Assistant City Manager Position, to Take Effect on July 1, 2012 (Councilmember - 502-03) Action: Agendized by consensus Councilmember Selfridge said that some cities use their Assistant City Manager as their Economic Development Director and she would like to explore that issue. City Manager Meurer reported that economic development is handled by him, the Assistant City Manager, and the Chief of Planning. He noted that there are now eight Execs covering the same number of department as used to be covered by twelve, which saves the City approximately $1 million per 8 City Council Minutes Tuesday, March 6, 2012 year. Councilmember Sollecito suggested that this item should come as part of the Executive Management review. CITY MANAGER REPORTS The City Manager had no report. Council adjourned to closed session at 8:22 p.m. ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION Informaiton Resources Director/City Clerk Gawf announced that in a Conference with Legal Council due to threatened litigation - significant exposure to litigation concerning 1001 Hellam Street, the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. She said that in a Conference with Legal Counsel regarding potential litigation for one case under G.C. 54956.9(c), on a unanimous roll call vote, the City council gave confidential direction to their legal counsel. Ms. Gawf announced that in a conference with real property negotiators to provide direction on negotiating conditions to consent to a sublease of Gilbert's Restaurant at Wharf No 1, Consession #33, the City Council gave unanimous direction to their negotiators in a roll call vote. ADJOURNMENT The meeting adjourned at 10:00 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 9