Council Special Meeting

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, October 23, 2013 4:00 - 6:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, Assistant City Manager, Director of Information Resources/ Present: City Clerk, City Attorney, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental , Principal Planner, Principal Planner, Harbormaster, Assistant Police Chief CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PUBLIC HEARING 1. 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 the 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 – Downtown (PC-D); and, 5) Amend Monterey City Code Section 20-48.4 to Allow Bicycles and Transit on the Alvarado Mall - Continued from October 1, 2013 (Plans & Public Works - 201-12) Action: Held Public Hearing; adopted Resolution No. 13-166 C.S., adopting the Mitigated Negative Declaration; adopted Resolution No. 13-167 C.S., amending and adopting the Downtown Specific Plan and repealing the Downtown Area Plan; passed an Ordinance to print rezoning portions of the planning area; and passed Ordinance to print amending Monterey City Code Section 20-48.4 (4-0-1; Della Sala not participating) Mayor Della Sala announced that he would be recusing himself from hearing this item due to a potential conflict of interest because he owns property within the Downtown Specific Plan area. He turned the gavel over to Vice Mayor Selfridge and left the Chamber. Vice Mayor Selfridge recognized Planning Commissioners Widmar and Stocker who introduced the item. Chief of Planning Rerig presented the report, noting how the proposed plan coincides with principles outlined in the recent "For the Love of Monterey" public workshop. Principal Planner Cole reviewed the ideas and comments that arose at the last Council meeting and reported how the plan has been amended since then to address those seven ideas. Ms. Cole asked Council to include in the motion tonight an amendment to the plan design to state the intent to include slow, safe two-way streets in order to address the concern about speeds along two-way streets. Traffic Engineer Deal answered questions regarding the traffic plan. City Council Minutes Wednesday, October 23, 2013 Vice Mayor Selfridge opened the Public Hearing. Michael Albov thanked the staff and asked Council to adopt the staff recommendation. Rick Heuer said that due to the street name changes, the brunt of the plan will impact businesses outside of the area. He asked Council not to adopt that portion of the plan, use wayfarer signs, and adopt the rest of the plan. Timothy Barrett said that he is enthused and excited about the plan and about how the City government responds to citizens. He said that he hopes homelessness will be handled similarly. Michael Bayer said that he surveyed the entire area and the western half is clear of power lines, but the rest is a mish-mash of lines. He encouraged Council to include a long-term plan to underground all of the power lines within the area. He highlighted specific areas that could be the primary focus. He suggested including a hardware store. Dale Ellis, Monterey County Hospitality Association Government Affairs, spoke in support of the staff and Commission recommendations. Ryan McCormick, OMBA Area Representative, spoke in support of the plan as recommended. Vince Cardinelli, owner of Ordway Drug Store, said that the preference would be to have the entry to his parking lot from Tyler Street, and he and his partner would be interested in a partnership with the City in order to accomplish the long-term goal. He supported the Downtown plan. Councilmember Downey clarified that that while that might be the preferred plan, it would be unlikely to happen right away. On question Mr. Rerig explained the necessity of the Scott Street extension. Traffic Engineer Deal said that the access would be controlled and it would look like and be used as a pedestrian mall. Councilmember Downey suggested that the Custom House Wall be removed before extending the street, and staff said that it could be phased in that way. Jerry Abanate, Ordway Drug store partner, said that he is also in favor of partnering with the City in order to redesign the parking lot and having the entry come off of Tyler Street. Mr. Davi, property and business owner in the Downtown, spoke in support of the plan With no further requests to speak, Vice Mayor Selfridge closed the hearing. On question, Mr. Rerig clarified that there are two options included in the Plan regarding the Ordway parking lot. On further question, Ms. Cole said that the street name changes would only happen after giving notice to business owners and with adequate time to plan for it. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Planning Commission, Historic Preservation Commission and Architectural Review Committee recommendation and 1) adopted Resolution No. 13-166 C.S. approving a Mitigated Negative Declaration; 2) adopted the Resolution No. 13- 167 C.S., approving the Downtown Specific Plan, amending it to include an amendment to the plan design to state the intent to include slow, safe two-way streets in order to address the concern about speeds along two-way streets; and 3) repealed the 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 the Downtown and East Downtown Mixed Use Area and Alvarado Street Study 4) rezoned 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 – Downtown (PC-D); and, 5) amended Monterey City Code Section 20-48.4 to allow bicycles and transit on the Alvarado Mall: 2  City Council Minutes Wednesday, October 23, 2013 AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala STUDY SESSION 2. Presentation of Past City Council Guidance on Ocean-Related Issues (Public Facilities - 904-01) Action: Received and discussed report Mayor Della Sala returned to the dais and picked up the gavel. City Manager Meurer introduced the item, and Harbormaster Scheiblauer presented the staff report and answered Councilmembers' questions. On question, Mr. Scheiblauer said that there are still points of contention regarding the governance of the Sanctuary Advisory Council. City Manager Meurer noted that because the Sanctuary is a federal agency it operates under a different set of rules and is not as transparent as local government. On further question, Mr. Scheiblauer explained that the Sanctuary is very good at educating and inspiring love and care of the ocean. He said that the Sanctuary could benefit from developing a stronger relationship with the fishing community in order to research issues, but there is tension between the two bodies. Ms. Downey said that the combination of the original promise that the Sanctuary would not regulate fishing and subsequent creeping into that regulatory role have created the tension. She thanked the Harbormaster for his watchful eye in that area. Mayor Della Sala opened public comment on the item. Mike Ricketts, President of the Monterey Commercial Fishers' Association, thanked the Council and City for past support of the fishermen and issues in general. He asked Council to support these past policies indefinitely, as outlined. Cathy Fosmark, Alliance of Communities for Sustainable Fisheries, spoke in support of the past policies, saying that they are still needed and valid. She called on the Sanctuary to keep their promise and not regulate fishing. She asked others who support the policies to stand and six people in the audience stood. Mary Alice Cerrito Fettis, President of Fishermans Wharf Association, said that the members of her organization are dependent on the fishing industry and support the policies. Chris Shake supported the Harbormaster's efforts and the policies. Having no further requests to speak, Mayor Della Sala closed public comments. Councilmember Sollecito said that with recent developments and the need for dredging, there should be a plan to change the Sanctuary’s Management. Mr. Scheiblauer said that there is a permit in place, and there is no urgency at this time. Mr. Sollecito asked if there is something that Council can do, and Mr. Scheiblauer said that would be addressed as part of the Sanctuary Management Plan review. 3  City Council Minutes Wednesday, October 23, 2013 PUBLIC APPEARANCE 3. Authorize Appropriation of $20,000 from the Social Programs Consideration Fund for Overtime Expense Associated with the Downtown Police Liaison Program (Police - 607-01) Action: Adopted Resolution No. 13-168 C.S. (3-2; Downey, Selfridge voting no) City Manager Meurer introduced the item. Deputy Police Chief Aspland presented the staff report and answered Councilmembers' questions. Michael Vitker, representing himself and Dr. Sukin, said that they are very close to setting up a safe parking program with appropriation of these funds, but if they are spent for additional Police overtime hours they would not be available for the parking program. Mr. Vitker reviewed progress that has been made regarding the program. Sherry, representing the Harbor House, thanked the Police for their quick response to her calls for assistance with bad behaviors. She described incidents of those behaviors including shoplifting, vandalism, and disruption. She said that public parks should not be used for camping. Mary Alice Cerrito Fettis, President of Fishermans Wharf, said that there are serious problems with people feeling safe to come to the Wharf and it is reassuring to see officers walking in the area. She supported the staff recommendation, but asked Council to look for another source for the funding. Sally Elves, Harbor House owner, said that they are having serious problems on the Wharf, and that people are cooking under the Wharf, which is a fire hazard. She said that other behaviors include vulgarities, blocking the way, and smoking marijuana. Lilly Goss said she is compassionate toward the shop owners and to the Police force. She said that the bigger issue is that people who are despondent have very low self-esteem and it is important to support them and be compassionate. Bill Fracture, Monterey resident, said that the homeless people who are behaving this way are a small segment and are causing problems for all homeless people. He said that people who sleep in their cars should not be harassed. Frank Penner, Pacific Grove resident, said that he has been involved in iHelp for two years, and they are able to assist with this issue. He supported Monterey taking the lead on a regional program, and he is concerned that using these funds for overtime will put the Safe Parking program at risk. Brian Bijari, minister and Care Corps International, said that three of his friends who were living in their cars have found apartments. He said that a safe parking program is needed and important. He supported the increased Police presence and said that he would encourage people he has contact with not to harass tourists and others. Dale Ellis, Monterey County Hospitality Association, said that Monterey is to be commended for moving in the right direction. He said that tonight's recommendation is to help with a small population who are causing problems, and he asked Council to appropriate the money. Jan Mason said that she supports the Police work, but the funds should come from another source. Michael Reed, Associate Director of St. Mary's by the Sea, said that he has been raising money to fund a public-private partnership and has raised $100,000. He said that he is disappointed that the City funds here might be depleted. Timothy Barrett said that Monterey is a City of love and compassion and the Police force is part of that compassion. He opposed using the funds that were previously set aside for homeless programs in order to pay for increased police overtime. With no further requests to speak, Mayor Della Sala closed public comments. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to adopt Resolution No. 13-168 C.S., authorizing the appropriation of $20,000 from the Social Programs Consideration Fund for Overtime Expense Associated with the Downtown Police Liaison Program. 4 City Council Minutes Wednesday, October 23, 2013 Councilmember Downey said that the security guards on Cannery Row have been very successful, and she favors granting this money to OMBA so they can hire security guards. She said that the transients are aggressive and are hurting people. She said that drug trafficking has increased and smoking is an issue. Ms. Downey reported that Carmel has an organization that is working on a safe parking program. She said that the transients are hurting the cause of homeless. She said that she wants a no smoking ordinance, and she would like to revisit the sit-lie ordinance. She said that this is a safety issue. She stated that she cares about the homeless, but she is elected to represent Monterey and that comes first. Councilmember Downey offered a substitute motion to grant the money to OMBA to hire a security firm to work on this problem. The substitute motion died for lack of a second. Councilmember Sollecito said that private security would not be able to violate the law or anyone's constitutional rights, so would have no additional authority to act. He said that the Police are better equipped to deal with this problem. Councilmember Selfridge said that she signed a citation recently regarding behavior. She said that it is important to give the Police some teeth by adopting ordinances. She agreed that the private security route is better, but the money could come from other places. Councilmember Haffa said that private security has helped along Cannery Row, and the OMBA could do the same thing. He does not support using City money and directing it to that purpose. He supported making sure dogs are licensed and looking at a smoking ban. He said that he could support the motion, but would like to find the money to come from another place. City Manager Meurer said that the money could be reallocated from another program. He said that when a regional program is brought forward, Council can reallocate money from another program to pay for a safe parking program. Mr. Meurer noted that the budget report he will bring forward is not pretty. He said that this action should not discourage people from donating to such a program at all. He said he would not recommend that the City fund private security hired by someone else., and it is important to address this problem now. Mayor Della Sala said that the status quo is unacceptable and the need is immediate. He said that he would be open, as plans for a regional safe parking program come forward, to finding funds to participate. He said that tonight this matter is urgent. Councilmember Haffa said that based on the Mayor's statement he will support the motion. Councilmember Downey said that the problem on Cannery Row is as bad as Downtown. She encouraged Councilmembers to walk the streets. Councilmembers discussed amending the motion, and the motion maker decided to leave it as is. City Manager Meurer committed that he will bring a budget by the first meeting in December so Council can allocate money based on their priorities. Councilmember Selfridge said that she does not see this as a homeless program and she favors giving the Police the teeth to deal with the problem. City Manager said that the officers are doing a good job and they have all the teeth that the Constitution allows. Ms. Selfridge disagreed. 5 City Council Minutes Wednesday, October 23, 2013 The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 6:00 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 6