Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 1, 2013 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, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff Assistant City Manager, City Attorney, Director of Information Resources/ Present: City Clerk, Assistant City Attorney, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental Compliance, Community Services Director, Police Chief, Assistant Finance Director, Principal Planner, Housing & Property Manager, Senior Associate Planner, Principal Planner, Traffic Engineer CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Selfridge reported on the recent public meetings held regarding the potential purchase of the Golden State Theatre, saying that there is a lot of community interest in maintaining this historic asset. Councilmember Downey reported that the National Trust was invited and agreed to come to Monterey to discuss the Cooper Molera Adobe. She said that they since have put that meeting on hold. Ms. Downey reported that last night she got a motion that the Water Pollution Control Agency would take a much more active role in storm water recycling. She reported that there is an eye toward creating a more regional solution. Councilmember Downey asked for a report on the progress toward hiring an Interim City Manager. She said that she is receiving more complaints regarding panhandling Downtown, and she suggested reconsidering a sit-lie ordinance. Ms. Downey said that MCPOA and numerous business owners are very supportive of the Golden State Theatre, and they said that some work needs to be done determining the return on investment. She asked the Council to consider putting an open and closed session on every agenda regarding the topic between now and the conclusion of the process. She asked to agendize an item to give staff direction that the City use existing resources to evaluate the building. Councilmember Haffa reported that the Council Subcommittee has looked at the possibility of hiring an Interim City Manager in the event that a permanent City Manager is not on board by January 1. Mayor Della Sala said that topic could be agendized for the next meeting for a detailed report from the Subcommittee. Mayor Della Sala advised that he would not be present at the evening session tonight because he has a potential conflict of interest regarding the only agenda item to be heard during that session.  City Council Minutes Tuesday, October 1, 2013 CONSENT ITEMS On question from Councilmember Selfridge, Property and Housing Manager Marvin explained details regarding Item 3. Councilmembers asked to remove Item 4 from Consent for a staff report. 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 4, which was removed for clarification and discussion: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. September 17, 2013 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Award Monterey Sports Center Roof Repair Project (Plans & Public Works - 405-04) Action: Adopted Resolution No. 13-150 C.S. Resolutions 3. Authorize $28,324 in Housing Funds to Reimburse the City’s CDBG Program Income Account for Affordable Housing Expenditures that Exceeded Administrative and Planning Expenditures Cap FY 2004-05 and FY 2009-10 (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-151 C.S 4. Authorize Consent to Sublease Agreements for Rental Space at 32 Cannery Row Between Monterey Bay Boatworks Company, as Landlord and Laurence Henry, DBA Fast Raft; Glenn Bernasconi, DBA Glenn’s Aquarius II; Christian Hestness, DBA Bella on the Bay; and Adventures by the Sea, Inc. as Tenants (Plans & Public Works - 206-03) Action: Removed from Consent; received report; discussed; and adopted amended Resolution No. 13-152 C.S Property and Housing Manager Marvin explained that only four of the five subleases could be approved tonight due to noticing issues. On request from Councilmember Haffa, he reviewed the process for approval of these subleases. He clarified that the current lease terms reflect an enormous initial investment by the developer. He said that the City is receiving rent commensurate with the ground value. On question by Councilmember Downey, he said that he would provide the expiration date of the lease to the Council. He stated that Mr. Baird has reviewed the agenda report and the proposed subleases. Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, closed public comment. 2  City Council Minutes Tuesday, October 1, 2013 On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council amended and adopted Resolution 13-152 C.S., authorizing a consent to sublease agreements for rental space at 32 Cannery Row between Monterey Bay Boatworks Company, as Landlord and Laurence Henry, DBA Fast Raft; Glenn Bernasconi, DBA Glenn’s Aquarius II; Christian Hestness, DBA Bella on the Bay; and Adventures by the Sea, Inc. as tenants: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5. Authorize the Appropriation of PG&E Grant Funds to Purchase "Meals Ready to Eat" for Fire Department Emergency Preparedness (Fire - 406-04) Action: Adopted Resolution No. 13-153 C.S 6. Authorize Letter Supporting the Transportation Agency of Monterey County’s Application to the Association of Monterey Bay Area Governments for the Allocation of Federal Grant Funding to Prepare a Feasibility Study for Interim Bus Rapid Transit along the Monterey Branch Line between Marina and Monterey (Plans & Public Works - 813-07) Action: Adopted Resolution No. 13-154 C.S 7. Authorize an Agreement with the Houston-Galveston Area Council (H-GAC) for the Purchase of Certain Products and Services through the H-GAC Cooperative Purchasing Program (Finance - 405-04) Action: Adopted Resolution No. 13-155 C.S 8. Appropriate $30,000 from Parking Fund to Reimburse Tanimura & Antle LLC for Depot Building Sprinkler System Per Lease Agreement #Ag-1004 (Public Facilities - 406-04) Action: Adopted Resolution No. 13-156 C.S 9. Reject All Bids for the Defense Manpower Data Center (DMDC) - 12KV Service Installation Project ***PMSA*** (Plans & Public Works - 405-05) Action: Adopted Resolution No. 13-157 C.S ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Having no requests to speak, he closed public comments. PUBLIC APPEARANCE 10. Accept Petition and Recognize Formation of the Monterey Executive Management Employee Association (City Attorney - 507-08) Action: Accepted Petition and adopted Resolution No. 13-158 C.S. City Attorney Davi presented the staff report. On question from Councilmember Selfridge, Ms. Davi explained the process the Council would use in negotiating with the group. On question from the Mayor, Ms. Davi outlined the credentials of the outside attorneys that assisted her in 3 City Council Minutes Tuesday, October 1, 2013 the evaluation of the petition. On question from Councilmember Downey, she said that the Mayor and Vice Mayor agreed that she should work with outside counsel on this issue to avoid any appearance of bias. Mayor Della Sala opened public comments on the item. Nelson Vega supported the Executives being established as an independent group. He said that Council should never agree to something without having all the blanks filled in. He suggested establishing a citizen's group to assist the Council on this matter. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. City Attorney Davi clarified that this action only affects Executive Management negotiations, not the other employee groups. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 13-158 C.S., accepting the Petition and recognizing formation of the Monterey Executive Management Employee Association: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala opened public comment on the closed session item, and had no requests to speak. Council adjourned to closed session at 4:43 p.m. Vice Mayor Selfridge called the meeting to order at 7:01 p.m. She noted that Mayor Della Sala was absent because he has a potential conflict of interest regarding tonight's agenda item on the Downtown Plan. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that the City Council received and discussed a report in a closed session with the City's real estate negotiators to provide negotiating direction and respond to a proposal by Warren Dewey to sell the Golden State Theatre at 413-421 Alvarado Street and 420 Tyler Street to the City of Monterey. Ms. Gawf said that there was no action taken. WATER UPDATE There was no water update. CONTINUED PUBLIC COMMENTS Vice Mayor Selfridge reopened public comment on items not on the agenda. Rick Heuer said that conceptually the idea of looking at the State Theatre is great, but there needs to be a detailed pro forma and more importantly, a plan for the long term financing to maintain and operate the building. Jim Vossen said that he initially thought that it was a great idea to form a nonprofit to purchase the Golden State Theatre, and he commended the Councilmembers on the Subcommittee for their approach. He encouraged the City to take care of the asset. Judy Karas, Monterey resident, said she would like the City to be proactive on the plan for the Cooper Molera Adobe, and there are chances to compromise. Nina Beety voiced concerns regarding planes filling the air with chemical trails. She said that Monterey has a long history of 4  City Council Minutes Tuesday, October 1, 2013 racism and spoke regarding past mistreatment of the local Indian tribes. She spoke about Italian values. She said it is time to repudiate our history. Having no further requests to speak, Vice Mayor Selfridge closed public comments. PUBLIC HEARING 11. Consider Planning Commission, Historic Preservation Commission and Architectural Review Committee Recommendation to: 1) Adopt a Mitigated Negative Declaration; 2) Adopt the Downtown Specific Plan; 3) Repeal Downtown Area Plan, Redevelopment Plan for the Custom House Redevelopment Project, Redevelopment Plan for the Greater Downtown Monterey Redevelopment Project, Design Framework and Guidelines for Downtown and East Downtown Mixed Use Area, and Alvarado Street Study; 4) Rezone Portions of the Planning Area from Planned Community (PC), Community Commercial (C-2), Commercial Office and Professional (CO), Residential Medium Density (R-3), and Open Space (O) to Planned Community (PC) - Downtown; 4) Repeal Monterey City Code Section 20-48.4 that Restricts Bicycles and Vehicles on the Alvarado Mall (Plans & Public Works - 201-12) Action: Received report; held Public Hearing; continued to October 23, 2013 Planning Commissioners Stocker and Widmar introduced the report, saying that this is the community's plan for the Downtown and noting that there have been thirty-one public hearings on the matter. Chief of Planning and Engineering Rerig presented the staff report. Principal Planner Cole presented additional details. Traffic Engineer Deal presented details of the proposed Downtown transportation plan. Deputy City Manager Uslar presented the Financing and Implementation Plan, including several ideas for potential funding mechanisms. Staff answered Councilmembers' questions Councilmember Downey said that she appreciated the presentation, the plan, and the work that has been done. She said that her only concerns are that she does not want to allow cars on Alvarado Mall and she would like to have the wall at the plaza taken down. Councilmember Haffa agreed with Ms. Downey regarding the wall at Custom House Plaza. He said that his concern regarding two-way traffic on Alvarado is the potential speed of traffic. He asked if there is a way to design the street scape to cause traffic to move more slowly. Mr. Deal explained that if a destination street has interesting features on it, traffic will slow. He said that features will make the street more pedestrian friendly. Mr. Haffa said that he would like to have an explicit goal of the plan spelled out to keep the traffic speeds slow. Vice Mayor Selfridge opened public comment on the item. Mike Albov spoke in support of the Downtown plan, particularly a two-way Alvarado Street. Rick Heuer, business owner of a property outside the Downtown Plan, said that that street name changes would have a major negative impact on his business that has not been quantified. He opposed changing the names. Cathy Anderson supported the Downtown Plan. Doug Wiele, Foothill Partners, spoke in support of the Downtown Plan, particularly two-way streets. Tony Tolner, business owner and citizen, thanked the staff and supported the Downtown Plan. Judy Karas, long-time resident, said that she hopes parts of the plan will be piloted so they can be reversed if they do not work. She voiced concerns regarding traffic at the end of Tyler Street near Trader Joes, but said she generally supports the plan. Mary Alice Cerrito Fettis, Fisherman's Wharf Association, said that her organization supports the specific plan for Downtown. Rick Johnson, Executive Director of OMBA, spoke in support of the plan, saying that the OMBA Board voted unanimously to support it. Pamela Burns Downtown resident and business owner, 5 City Council Minutes Tuesday, October 1, 2013 wholeheartedly supported the Downtown Plan. Jody Hansen, President of the Monterey Chamber of Commerce, said that the Chamber supports the Downtown Plan. Nelson Vega, member of MCPOA, spoke in support of the Downtown Plan. Michelle Pierce, President of OMBA, echoed Mr. Johnson's comments saying that the organization supports the Plan. She said that there is plenty of parking in the garages. She supported changing street names, and changing streets to two-way traffic. Larry Daniels, resident, spoke in support of the plan, and said the key was involving the community. Barbara Meister, Public Affairs Director for Monterey Bay Aquarium, said that her organization fully supports the Downtown Plan. Jerry Anderson, Saucito Land Company, spoke in support of the Downtown Plan, urging Council to restore the historic two-way traffic to the Downtown. Henry Ruhnke, Wald, Ruhnke and Dost Architects, thanked the staff and supported the Downtown Plan. Matthew Sundt, Monterey resident and business owner, commended staff and the consultants and spoke in support of the Downtown Plan. The owner of Pinot's Cafe said that the Custom House Plaza is very unique and should only be enhanced. Sam Phillips, President of MCPOA, commended the staff and Mr. Ruhnke, spoke in support of the plan, and asked why not make appropriate amendments tonight and approve it? He asked for Council's indulgence and told his kids at home to go to bed. Timothy Barrett said that he would be supportive of adopting the plan tonight if his suggestions for amendments are incorporated. He suggested enhancing the human habitat and uniqueness, such as by planting fruit trees in public spaces. Having no further requests to speak, Vice Mayor Selfridge closed the hearing and called a recess at 9:21 p.m. Vice Mayor Selfridge reconvened the meeting at 9:31 p.m. Councilmember Haffa thanked the staff, saying that the report was easy to read and the presentation was great. He suggested creating a vision for the Custom House Plaza area that has something memorable in that space that "shouts Monterey." He suggested adding an eye-catching architectural feature that would draw people in and play upon Monterey's identity. Mr. Haffa said that he likes many elements in the plan, including mixed use, way-finding signs, public art, and bicycle access. On question, Mr. Rerig said that the plan bans fruit trees because of the mess they create. Mr. Haffa suggested that volunteers could gather the fruit and donate it, and that it could be a community resource in the event of an emergency. Councilmember Downey said that her concerns regarding Ordway's driveway and cars on the mall have been addressed. She said that the Downtown trees currently look like they are half- lit. Ms. Downey stated that the plan is fantastic, and she would like to have the wall at Custom House Plaza removed as phase one of the implementation. She noted that there are many positive things happening Downtown. Councilmember Sollecito said that things are looking up because of excellent work like this Downtown Plan. He said that fruit trees would be problematic because of the State restrictions on stormwater running into the Bay. He supported the plan. Vice Mayor Selfridge asked about a survey that said 71% of the people did not want two-way streets. Mr. Rerig said that survey question was not asked within a context, and staff has since reached out to all of the neighborhoods and have heard strong support for two-way traffic. Ms. Selfridge asked about the financing and phasing, and Deputy City Manager Uslar said that would be worked out after the plan is adopted. He said that it could be done potentially through development impact fees and other means. On further question, Mr. Uslar said that the State Parks leadership has indicated to City staff that they are willing to make changes to the Custom House Plaza if we can provide a vision and a one-step process. 6 City Council Minutes Tuesday, October 1, 2013 Vice Mayor Selfridge thanked the Police Department for their handling of the problem Downtown last week. CITY MANAGER REPORTS There was no report. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:55 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 7