Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 1, 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, Police Chief, Fire Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental , Assistant Director Plans and Public Works, Principal Planner, Housing & Property Manager, City Engineer, Parking Superintendent, Senior Associate Planner, Traffic Engineer, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS City Manager Meurer said that he has received a request to remove Item 9 from Consent, and Councilmember Downey asked to remove Item 11 for possible amendments. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda, except Items 9 and 11: 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. April 17, 2012 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Reject DMDC Building 4385 – 3rd Floor Roof Repair Project Bids ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 12-056 C.S. Ordinances 3. 2nd Reading - Amend City Code § 20-40 to Decrease Speed Limits on David Ave, Garden Rd, Glenwood Circle, and Sloat Ave (Plans & Public Works - 803-16) Action: Adopted Ordinance No. 3476  City Council Minutes Tuesday, May 1, 2012 Resolutions 4. Receive Alvarado Street Maintenance District 85-1 Engineer's Report, Adopt Resolution of Intention to Levy Assessment, and Set Time for Public Hearing (Plans & Public Works - 407-08) Action: Adopted Resolution No. 12-057 C.S. 5. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report, Adopt a Resolution of Intention to Levy Assessment, and Set Time for Public Hearing (Plans & Public Works - 407- 08) Action: Adopted Resolution No. 12-058 C.S. 6. Authorize Consent to Tidelands Sublease at 700 Cannery Row between The Cannery Row Company, as Sublessor, and Monterey Wine and Produce Corporation, as Sublessee (Plans & Public Works - 704-09) Action: Adopted Resolution No. 12-059 C.S. 7. Authorize Appropriation Of Funds For Urgent Structural Repair To The Pool Slide At The Monterey Sports Center (Plans & Public Works - 903-06) Action: Adopted Resolution No. 12-060 C.S. 8. Authorize Additional Funding for Hilltop Center Water Tank Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 12-061 C.S. 9. Approve Resolution Authorizing Release of Funds Identified in the Amended Enforceable Obligations Payment Schedule and Held in Escrow with Rabobank to Fund Repair Construction at the Monterey Hotel (Plans & Public Works - 406-05) Action: Removed from Consent; discussed; adopted Resolution No. 12-062 C.S. Property and Housing Manager Marvin presented the staff report, reviewing the repair expenditures. Mayor Della Sala opened public comments on the item, and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 12-061 C.S., authorizing release of funds Identified in the Amended Enforceable Obligations Payment Schedule and held in Escrow with Rabobank to fund repair construction at the Monterey Hotel: 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 10. Authorize the Mayor to Execute an Employment Contract Retaining M. Christine Davi as City Attorney and Amend the City of Monterey's Full-Time Salary Schedule (Human Resources - 502-11) Action: Adopted Resolution No. 12-063 C.S. 2  City Council Minutes Tuesday, May 1, 2012 Other 11. Approve Changes to Board, Commission, and Committee Handbook (Information Resources - 701-15) Action: Removed from Consent; discussed; amended; approved Councilmember Downey outlined the changes she is requesting. Mayor Della Sala opened the floor for public comments on the item and having no requests to speak, returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council amended the Handbook page 1 to reflect the most recent population number available from the U.S. Census; page 7 to reflect that Commission Chairs only need attend Council meetings when staff does not support the Commission’s recommendation and that the staff report will specifically state that their recommendations differ; and page 9 to state that Commissioners’ attendance records would be given to the Council subcommittee when considering reappointment; and approved the changes to Board, Commission, and Committee Handbook: 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 12. Recommendation for Appointments to the Parks and Recreation Commission (Information Resources - 701-06) Action: Appointed Vance Baldwin to a term expiring December 31, 2012 13. Authorize City Co-Sponsorship/Maximum Rental Relief of Festa Italia Santa Rosalia Foundation Concert at Monterey Conference Center on June 16, 2012 (Public Facilities - 101-14) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda, and having no requests to speak, closed public comments. The Mayor welcomed the students from Monterey High School and thanked them for attending the meeting. PUBLIC APPEARANCE 14. Amend the Schedule of Administrative Citation Fines to Increase the Fine for Violation of Monterey City Code Section 22-28.1, Prohibiting Oral Advertising on Municipal Wharf No. 1, From $250 to $1,000 (Plans & Public Works - 705-01) Action: Adopted Resolution No. 12-064 C.S. (3-2; Downey, Selfridge voting no) Chief of Planning and Engineering Rerig presented the staff report and answered questions. Mayor Della Sala opened public comment on the item. Roy Gunter, local attorney representing several of the concessionaires, said that his clients oppose raising the fine, and would prefer to 3 City Council Minutes Tuesday, May 1, 2012 eliminate dispensing samples of any kind outside the door of their establishments. He said that increasing the fine or handling it as a civil suit would not solve the problem. On question, he clarified that his clients advocate no soliciting until the customer is inside the restaurant. David Lang said that he occasionally has worked on the Wharf since 1979 and clarified that he does not represent anyone. He said that he hears comments about how fun the atmosphere is, but on a few occasions the solicitations become harassing. He proposed eliminating the fine due to First Amendment concerns and the difficulty of enforcement. On question, City Attorney Davi said that at the time the ordinance was adopted it was thought to be a reasonable time, place and manner regulation of commercial speech. John Pisto, former Wharf restaurant owner, said that this issue has always been a problem, and suggested that the City needs to be a strong landlord. He asked Council to enforce the leases. Dominic Mercurio said that not allowing chowder is the solution to this problem. He said that the fine is a waste of time. Bob Massaro, Monterey resident representing Chris Shake Enterprises, said that Mr. Shake supports the Resolution to increase the fine. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that it is important to consider the entire Wharf, and if someone has a bad experience on the Wharf they don't come back at all. He said that increasing the fine will help the situation. Councilmember Downey suggested that eliminating the samples all together might be a better solution if most of the owners want to do that. On question, City Attorney Davi clarified that the matter presently before the Council is under their police powers, not their role as a landlord. Councilmember Haferman supported increasing the fine. Councilmember Downey said that she does not believe this can be enforced and barking cannot be controlled without doing away with the food. Councilmember Selfridge said that she has worked with the Wharf Association, and they are able to come together. She suggested that a better definition of "barking" might help. Councilmember Haferman suggested that a staff person who is responsible for enforcement should not patronize any of the restaurants in order to avoid the appearance of favoritism. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 12-064 C.S., amending the Schedule of Administrative Citation Fines to increase the fine for violation of Monterey City Code Section 22-28.1, Prohibiting Oral Advertising on Municipal Wharf No. 1, from $250 to $1,000. Councilmember Haferman asked that the matter be brought back to the Council if this action does not resolve the problem. Mayor Della Sala said that while this might not be the silver bullet that completely solves the problem, it is a first step, and he will support the motion. Councilmember Selfridge said that she would prefer to review other solutions first, so will not support the motion. Councilmember Downey said that she will not support the motion because she is heavily swayed by the opinion expressed by 75% of the leaseholders. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, May 1, 2012 Mayor Della Sala called a recess at 5:37 p.m., then reconvened the meeting at 7:00 p.m. He noted a change to the order of the agenda, with Item 16 would be taken up as the last item and that he would be abstaining and Councilmember Selfridge would recuse herself from that discussion. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Jack Signorella, representing Friends of the Monterey Public Library, said that a Library is more than books in that there are a number of activities and programs going on. He reported on an upcoming fundraiser: a drawing for gold coins. Having no further requests to speak, Mayor Della Sala closed public comment. PRESENTATIONS 15. Monterey Peninsula Water Management District Presentation on Proposed Water Use Fee and Water Supply Projects (Information Resources - 706-08) Action: Received report Judi Lehman, Monterey Peninsula Water District 2 Board Member, introduced the item, and General Manager Dave Stoltz gave the presentation and answered questions. Mayor Della Sala opened the floor for public comments on the item, had no requests to speak, and closed the floor. COUNCIL COMMENTS 17. Councilmember Request to Agendize Parking Problems on Ramona as Reported by Mr. Morgan at the April 3, 2012 Meeting (Continued from April 17th Meeting) (Selfridge - 901-07) Action: Agendized (3-2; Sollecito, Della Sala voting no) Councilmember Selfridge asked to agendize this item, based on her observation of the site. It was moved by Councilmember Selfridge, and seconded by Councilmember Haferman, to agendize parking problems on Ramona as reported by Mr. Morgan at the April 3, 2012 meeting: Mayor Della Sala noted that a memorandum from staff indicates that there is space available for parking inside Mr. Morgan's business. He said that staff interviewed the other tenants in the building, and none of them favored adding a 24-minute space. Councilmember Haferman voiced concerns that there is simply a shortage of parking and a 24-minute space would make the situation worse. Councilmember Sollecito said that staff has already done the work and the area does not qualify. Councilmember Downey said that the investigation has been done, and she believes that there is an option to put a space inside the compound. Councilmember Selfridge said that she would like to look into the matter a little bit more because Mr. Morgan came and spoke to Council several times. She voiced concerns that a dump truck is parked on the street and uncovered all day. Mayor Della Sala said that staff, including the Traffic Engineer, Police Officers, and City Manager, have investigated this matter, and he believes that the City has done enough on this issue and there are better ways to spend limited resources. Councilmember Sollecito agreed. Councilmember Haferman said the he will support the motion, but he would not want staff to do additional work on this matter if it does pass. He asked to amend the motion to include that provision, and Ms. Selfridge agreed. The motion carried by the following vote: 5  City Council Minutes Tuesday, May 1, 2012 AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Selfridge congratulated the Wharf construction crew on their work. She asked for a copy of the Pacific Grove City Council’s subcommittee report on the People's Water Project. She supported the Library Goldrush event. Councilmember Haferman congratulated Ms. Davi on her appointment as City Attorney this afternoon and Michael McCarthy on his appointment to the incoming Assistant City Manager position. Councilmember Downey reported on the recent NIP committee meeting and an open house that she attended at the Perry House and Beach House. She said she heard a complaint about some neon flashing lights in town, and she asked that it be looked at. She asked if it is time for the Downtown Blue Ribbon Committee to meet regarding the plans for Downtown. She requested updates from staff on the Work Building project. Ms. Downey offered congratulations to Councilmember Selfridge for getting an invitation to New York to meet with the President of Azerbaijan. She reported on the Kerns Memorial Pool and presented the Mayor with a certificate of thanks for that organization. Councilmember Sollecito noted the importance of getting a water project on line. He reported on the progress being made to design a fix to the Highway 156 congestion, saying that TAMC has made that project a priority and formed a subcommittee to address the issue. Mayor Della Sala reported on his discussions with five visitors to Monterey from Australia, saying that he heard a lot of positive comments from them. He thanked the City Council for voting to help sponsor the Festa Italia, saying that it is a part of Monterey's rich heritage. CITY MANAGER REPORTS City Manager Meurer said that it is easy to sometimes forget what a great organization we have. He said that he and other staff members had spent the last few days presenting to military personnel, and he received many positive comments. PUBLIC HEARING 16. Adopt the National Historic Landmark District and Downtown Area Historic Context Statement and Reconnaissance Survey and Revise to Include 501 Figueroa Street, 511 Figueroa Street, 539 Figueroa Street, 527 Van Buren Street and 398 East Franklin Street. (Plans & Public Works - 209-07) Action: Adopted Resolution No. 12-065 C.S. and directed the HPC to study the theme of automobile-related commercial development within the WWII and Postwar Era context for the Downtown Area (3-0-1-1; Della Sala abstaining, Selfridge not participating due to a potential conflict of interest) Councilmember Selfridge recused herself from hearing this item due to a potential conflict of interest, and Mayor Della Sala said that he would abstain. Mayor Della Sala handed the gavel to Vice Mayor Downey, and he and Ms. Selfridge left the Chamber. Senior Associate Planner Hopper presented the staff report. Vice Mayor Downey opened public comments on the item. Bill Wojtkowski, representing the Ansels, noted their objection to including 527 Van Buren Street due to it having been moved 6 City Council Minutes Tuesday, May 1, 2012 and the many alterations to the buildings that are not consistent with the original design. He outlined several additional details, including the total cost of $457,600 in renovations needed for the building. On question, he confirmed that the owners are willing to donate the building to the City and possibly assist in moving it. Ms. Hopper clarified that there is a process that the owners could follow in order to demolish the building. On question, Mr. Wojtkowski said that the Ansels would be willing to go through the demolition process, but they do not have a new building planned, as is required by that process Mike Dawson urged Council to listen to the HPC on this issue. Having no further requests to speak, 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 adopted Resolution No. 12-065 C.S., adopting the National Historic Landmark District and Downtown Area Historic Context Statement and Reconnaissance Survey and revised it to Include 501 Figueroa Street, 511 Figueroa Street, 539 Figueroa Street, 527 Van Buren Street and 398 East Franklin Street, and directed the HPC to study the theme of automobile-related commercial development within the WWII and the Postwar Era context for the Downtown Area for a recommendation to the City Council: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Della Sala RECUSED: 1 COUNCILMEMBERS: Selfridge Councilmember Sollecito expressed his reluctance to make this motion and his concerns about property rights. ADJOURNMENT Having no further business to come before the City Council, Vice Mayor Downey adjourned the meeting at 9:34 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 7