Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 20, 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, Sollecito, Della Sala Absent: Councilmember Selfridge City Staff City Manager, Interim City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Finance Director, Community Services Director, Human Resources Director, Chief of Planning, Engineering, and Environmental , Assistant Director Plans and Public Works, Housing & Property Manager, Senior Assistant City Clerk, Police Lieutenant, Principal Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. CONSENT ITEMS City Manager Meurer noted that Item 10 has been withdrawn by the applicant. Councilmember Downey removed Item 12 from the Consent Agenda for discussion. 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 10 and 12: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. March 6, 2012 (Information Resources - 701-09) Action: Approved (4-0-1; Selfridge absent) Award of Contracts 2. Award DMDC - Roof Duct and Hatch Replacement Project Contract for Construction ***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 12-034 C.S. (4-0-1; Selfridge absent) Ordinances 3. 2nd Reading - MCC 35-20 Amendment Related to Refunds of Transient Occupancy Taxes (City Attorney - 701-11) Action: Adopted Ordinance No. 3474 (4-0-1; Selfridge absent)  City Council Minutes Tuesday, March 20, 2012 4. 2nd Reading - Adopt Major Revision to Monterey City Code Chapter 31, Signs, and Adopt Citywide Sign Guidelines (Plans & Public Works - 201-08) Action: Adopted Ordinance No. 3475 (4-0-1; Selfridge absent) Resolutions 5. Amend Resolution 08-119 by Adding an Office Assistant Classification and Authorizing an Hourly Wage to the City of Monterey’s Part-Time Salary Schedule (Human Resources - 701-13) Action: Adopted Resolution No. 12-035 C.S. (4-0-1; Selfridge absent) 6. Deappropriate Alta Mesa Intersection Traffic Calming Phase III (Copa Del Oro & Via Mirada) Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 12-036 C.S. (4-0-1; Selfridge absent) 7. Order Engineer’s Report for Alvarado Street Maintenance District 85-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 12-037 C.S. (4-0-1; Selfridge absent) 8. Order Engineer’s Report for Calle Principal Maintenance District 00-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 12-038 C.S. (4-0-1; Selfridge absent) 9. Authorize Caltrans Grant Appropriation of Funds for Caltrans 5086 (032) Del Monte Ave and Pacific Street Intersection Improvement Project and City Manager to Enter into agreement with Caltrans (Plans & Public Works - 409-02) Action: Adopted Resolution No. 12-039 C.S. (4-0-1; Selfridge absent) 10. Authorize Consent to Sublease Agreement for Gilbert’s Red Snapper Restaurant at 30 Wharf No. 1, Concession #33 between Gloria Brown and Mary Alice Cerrito Fettis as landlord and Dennis Joshi , Rashmi Joshi and Joshi Ventures as Tenant (Plans & Public Works - 704-07) Action: Withdrawn by Applicant 11. Approve Resolution Adopting an Amended Enforceable Obligation Payment Schedule (Finance - 406-01) Action: Adopted Resolution No. 12-040 C.S. (4-0-1; Selfridge absent) Other 12. Approve Changes to Board, Commission, and Committee Handbook (Information Resources - 701-15) Action: Removed from Consent; discussed; tabled (4-0-1; Selfridge absent) Senior Assistant City Clerk Raynor presented the staff report. Councilmember Downey said that she would like to continue the item so the Boards and Commissions had a chance to review the handbook. She presented several suggestions for changes to the draft. She said that some of the language seems punitive. Ms. Downey asked that attendance records be given to the Council Subcommittee prior to interviews with incumbent commissioners and board members. Councilmember Haferman agreed that the attendance record should be routinely given to the subcommittee. He said that he does not have a problem with the handbook going to the boards and commissions for review or the language regarding supporting Council positions. On question, Ms. Raynor confirmed that only substantive changes would be brought to the Council. 2  City Council Minutes Tuesday, March 20, 2012 Mayor Della Sala opened public comment on the item. Bill McCrone, speaking as a Planning Commissioner but not for the Planning Commission, agreed that while commission actions do not set policy, but when a commission decision is not appealed, it is a decision of the City. He suggested a study session with the Assistant City Manager would be beneficial to clarify how advisory body decisions are accorded when final. He supported continuance of the item. On question, he confirmed he is primarily concerned with sections relating to relationships with City Council and City Staff. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that he disagrees with the statement that everyone knows what is expected, and it is not punitive to tell people what their responsibilities are. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council tabled the item: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Approve Fisherman Flats Representative to Neighborhood Improvement Program Committee for Calendar Year 2012 (Plans & Public Works - 701-04) Action: Approved (4-0-1; Selfridge absent) ***End of Consent Agenda*** Mayor Della Sala opened the floor for public comments on items not on the agenda. Hans Uslar, Assistant Public Works Director, introduced three interns from Germany who are assisting City staff: Tabea, working in Finance; Madeline, working in the City Clerk's Office; and Stephan in Plans and Public Works. He noted that the City has hosted a number of interns over the past few years. Mayor Della Sala welcomed and thanked the interns, and having no further requests to speak, closed public comments. The Mayor reported that Councilmember Nancy Selfridge is not here because she is in route to Lankaran Azerbaijan. He offered an opportunity for public comments on closed session items, and with no requests to speak, adjourned the meeting to closed session. Council reconvened at 7:00 p.m., with Councilmember Selfridge absent. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel regarding existing litigation, case name: Monterey Peninsula Water Management Dist. v. State Water Resources Control Board, the City Council gave confidential direction to their legal counsel on a roll call vote of 4-0-1, with Selfridge absent. Ms. Gawf said that the Council discussed a public employee performance evaluation of the Interim City Attorney and took no action. She stated that the council voted 4-0-1, with Selfridge absent, on a roll call vote to give confidential direction to their negotiators regarding a public employee appointment of the City Attorney. 3  City Council Minutes Tuesday, March 20, 2012 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Garth Hobson, former Commodore and current Race Chairperson for the Monterey Peninsula Yacht Club, gave a report and slide presentation on regattas hosted by the club. James Morgan, owner of Monterey Furniture Restoration, congratulated Council on their ban of plastic bags and installation of new street lights. He said that the parking situation on Ramona Street was better for a while, but is worse again, with two people living in a mobile home there. He asked if there is a way for the City to help homeless people and alleviate the parking situation. Chief of Planning Rerig said that staff has been monitoring the situation and will make a decision on a recommendation. Allen Haffa wondered if there could be a space designated where people could park heavy vehicles and sleep in them overnight. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 14. 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: Adopted the Findings (3-1-1; Haferman abstaining, Selfridge absent) Chief of Planning Rerig presented the staff report. Mayor Della Sala opened public comment on the item. Sara Shafer, representing Ray and Liz LaBonte, asked for information regarding Council's action on this item. She said that the City cannot revoke the permit because the project is vested and the City is not immune. She said that there is no evidence that the view impacts are unreasonable, and that the Mercurios knew ten years ago that the remodel was planned and that is why they added a second story to their home. She submitted a letter from Santa Pisto as evidence. Christine Kemp said that the previous speaker had her facts wrong and that the letter she submitted is irrelevant. She said that the previous speaker is wrong on the law because the original permit was not legally issued. She asked Council to hold strong with their decision and to not delay the matter any further. Nelson Vega, speaking as a tax payer, suggested that the Council hire an attorney to represent the taxpayers. Having no further requests to speak, Mayor Della Sala returned the discussion to the City Council. Councilmember Haferman said that he would abstain from voting on this matter because he was not present at the initial hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted the Findings for Decision; Architectural Review of 1001 Hellam Street; Appeal 11-302 of Appeal 11-250 of Architectural Review Application 11-062: AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 1 COUNCILMEMBERS: Haferman RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, March 20, 2012 Interim City Attorney Davi gave an update, saying that she has sent a letter to the parties involved to schedule mediation on this matter, and she expects to hear from them soon. 15. Appeal of a Staff Decision Denying an Encroachment Permit at 482 High Street. (Plans & Public Works - 803-13) Action: Denied the appeal, upholding the staff decision (4-0-1; Selfridge absent) Chief of Planning Rerig presented the staff report. Mayor Della Sala opened the floor for public comments on the item. Tom Bruno, appellant, said that he is very interested in gardening and planted roses to enhance the neighborhood, but without protection, the deer eat them. He said that he has tried every remedy he knows, but the deer have not been dissuaded. He described the proposed project, saying that it would beautify the neighborhood without causing any safety or other problems. Having no additional requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmembers made suggestions on how to protect the rose bushes that are already planted. Councilmembers discussed possible ways to protect the rose bushes that are already planted. Councilmember Haferman said that the difficulty is that granting the request would set a precedent. Councilmember Downey said that it is difficult to say no, but she also is concerned about setting precedent. Councilmember Sollecito agreed. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council denied the appeal, upholding the staff decision denying an Encroachment Permit at 482 High Street: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Amend Resolution 07-207 and Provide Policy Direction on the City's Water Allocation (Plans & Public Works - 602-12) Action: Adopted Resolution No. 12-041 C.S., amending Resolution No. 07-207 by reprogramming 4.389 acre feet of water to the Economic and Environmental Sustainability Allocation and providing evaluation criteria for precommitments and/or allocations to potential projects (4-0-1; Selfridge absent) Chief of Planning Rerig presented the staff report. City Manager Meurer said that this is one of the City's few remaining tools to create incentives for revitalization. Mayor Della Sala opened public comments on the item. Patrick Stafford, Mahoney and Associates, representing the Birkettes, who are owners of 401 Alvarado Street, said that the only interest he has received on leasing the building are restaurateurs. He said that the highest and best use would be a restaurant with a banquet room, but that use would require additional water. Nelson Vega said that he has a potential project on North Fremont that would remove blight, and he suggested adding blight removal to the criteria. He supported the staff recommendation. He suggested that any affordable housing projects that receive water under these criteria be released from the affordable requirement when more water becomes available. 5  City Council Minutes Tuesday, March 20, 2012 Anthony Davi, owner of 296 Lighthouse Avenue, displayed photographs of his building and said that even though the property is zoned for a restaurant or beauty salon, the water allocation does not support those uses. He proposed that in exchange for additional water, he would convert the two upstairs apartments to affordable units. He noted that the property is already zoned for mixed use, and the affordable apartments would be available immediately. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 12-041 C.S., amending Resolution 07- 207: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 17. Authorize Amended List of Comparable Agencies for Compensation Review (Human Resources - 701-03) Action: Continued to April 3, 2012 City Manager Meurer suggested that the Council hear the staff report, give feedback on the list of cities, and continue action until the next meeting when Councilmember Selfridge is present. Human Resources Director McCarthy presented the staff report. He reviewed the proposed cities and the other criteria used to set salaries. On question, he reviewed the factors that the consultant used to determine which non-local cities would be comparable to Monterey. Mayor Della Sala opened the floor for public comment on the item. Nelson Vega said that ability to pay was not considered, and asked if there was consideration of private sector salaries. He suggested using criteria of demand for the jobs, saying that if there are numerous applicants for a particular job, perhaps the compensation is too high. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Mr. McCarthy explained that it is very difficult to obtain salaries from private companies. Councilmember Downey said that she appreciated the way the list was developed, and she noted that Santa Cruz, in particular, would make a good comparison. Councilmember Sollecito agreed. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the Item to April 3, 2012: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. Review of Assistant City Manager Work Program (City Manager - 507-08) Action: Continued to April 3, 2012 City Manager Meurer recommended that the item be continued to the next meeting because it was originally requested by Councilmember Selfridge and she is absent from tonight's meeting. 6  City Council Minutes Tuesday, March 20, 2012 On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council continued the item to April 3, 2012: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Selfridge ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. Receive a Report on a Proposed Hotel/Motel Capital Investment Program and Expansion of the Visitor Accommodation Facility Zoning Designation and Provide Direction (Plans & Public Works - 703-02) Action: Received and discussed report Councilmember Sollecito said that since tourism is the main industry in Monterey, the city should incentivize hotels to remodel, perhaps by enacting provisions that would allow expansion. He said that just one remodel would put local people to work. He asked to develop tools to help existing establishments to remodel and upgrade their property. On request, Chief of Planning Rerig described the VAF zoning designation and the impediments to adding areas to the current VAF zones. Councilmember Sollecito said that he does not believe there is a shortage of hotel rooms in Monterey, but there are hotels in town that need to be remodeled. Mayor Della Sala recalled that the City used to provide facade grants to local businesses to upgrade, but funds are no longer available. Councilmember Sollecito clarified that he is not advocating that the City change the VAF zoning, but is asking for a think tank. Councilmember Downey said that she would not be supportive of the general case, except on an individual basis. Mayor Della Sala opened public comments on the item. Mike Dawson said that it is important to think regionally, because Monterey should have the best hotels in the region or they will lose business to other communities. With no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Haferman noted that the North Fremont Plan would address the economic development of that area. He said that there probably is a way to accomplish the goal. He said that he would like additional input from the business districts and neighborhoods regarding the prospect of rezoning. City Manager Meurer voiced concerns regarding the competition from newer hotels in neighboring communities. He suggested tasking the North Fremont Plan group with looking at this issue. Councilmember Sollecito said that leaders are willing to have a healthy discussion about visions and ideas. He said that he would talk with the CVB about this suggestion, as well as bring up the idea at the North Fremont Business District meeting. COUNCIL COMMENTS Councilmember Downey said that California received a report card from the ASCE, and said that the grades were not very good. She offered kudos to the Police and Fire Departments. Ms. Downey said that she appreciates Chris Shake's new advertisements. She said that she would like to help Mr. Morgan with the parking issues on Ramona. She reported that there is a property on Josselyn Canyon that is being used for construction purposes. 7 City Council Minutes Tuesday, March 20, 2012 Mayor Della Sala said that the Monterey Bay Regional Water Authority will meet again on Thursday in Pacific Grove. He gave a brief report on the progress of the agency. He said that more than 200 people attended the last water forum in Seaside. CITY MANAGER REPORTS City Manager Meurer reminded Council that there is a study session next Wednesday to talk about ADA improvements to the City Council Chamber. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:20 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 8