MINUTES REGULAR MEETING OF THE CITY COUNCIL CITY OF MONTEREY by decree

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									                                            MINUTES
                             REGULAR MEETING OF THE CITY COUNCIL
                                      CITY OF MONTEREY
                                   TUESDAY, October 18, 2005
                                  4:00 5:30 and 7:00 11:00P.M.
                                            —                —


                             COUNCIL CHAMBER, FEW MEMORIAL HALL
                                    MONTEREY, CALIFORNIA

CALL TO ORDER:

Mayor Albert called the meeting to order at 4:00 p.m.

Council Members
       Present:       Councilmembers Della Sala, Downey, Haferman, Roberson, Mayor Albert
       Absent:        None

City Staff:
        Present:      City Manager, City Attorney, City Clerk, Assistant City Manager, Community
                      Development Director, Finance Director, Public Facilities Director, Fire Chief, Library
                      Director, Recreation and Community Services Director, Police Chief, Police Captains,
                      Deputy Public Works Directors, Principal Personnel Analyst

PRESENTATIONS

City Manager Meurer announced that the Fly Monterey Campaign Report would be postponed. He said that
Traffic Engineer Deal recently returned from a trip to Bay Saint Louis, where he provided hurricane relief
assistance, and would make a presentation to the City Council regarding that trip.

§       Monterey Airport Report on Noise Abatement (Monterey Peninsula Airport District) Action:
        Presentation made; public comment taken; discussed

Tom Greer made a presentation on the noise impacts from the airport, the status of the residential
soundproofing insulation program and the Airport Noise and Capacity Act of 1990. He presented a map
showing the noise contours for the areas surrounding the airport, and explained that they will continue to work
hard to be a good neighbor.

Mayor Albert opened the floor for public comment. Dan Presser asked if private jets and other private aircraft
meet the sound requirements. He said that to fly from Monterey to Dallas costs $500, while it is $150 less from
San Jose and asked what the airport is doing about that. Richard Ruccello, Casanova Oak Knoll Neighborhood
Association, said that the word, voluntary, bothers him when applied to the curfew. He said that the generators
used to clean the planes are just as noisy as the planes, and with added flights, Monterey is approaching a 24-
hour operation. He said that the planes fly over homes in the area, and he would like a strong attempt to
encourage the planes to follow the preferred flight patterns. He said that the General Plan and Neighborhood
Plan require that the airport pay a portion of road and traffic improvements.

Bruce Crist, New Monterey Neighborhood Association, said that it is bothersome to have planes arriving at
1:47 a.m. He cited portions of the General Plan as a way to make operations smoother and encourage the
limiting of noise. Barbara Bass Evans said that the 5:00 a.m. flights are noisy over her home. She asked if the
ratio of private planes has gone up in recent years, and why planes fly over her home during clear weather.
She asked if the curfew could be made mandatory. Sandra Imlay, Casanova Street resident, said that the
airport has grown over the past seven years. She said that her neighborhood is within 200 feet of the airport
and those homes have not been insulated. She said that the new hangar and phase three are coming, and
asked for Council’s support. Adrian Shunaman, Casanova Street resident, said that the airport’s hours of
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operation have increased since she moved into her house twenty-five years ago. She said that she is not
eligible for home insulation, and the noise is very loud. Michael Hollingsworth, Casanova Street resident,
agreed with the previous speakers. He said that the helicopters have a flight path directly over his house at a
very low altitude. Pete Gastaius asked to hear a discussion regarding the growth of the non-aviation
businesses at the airport. He said that those businesses create traffic issues, such as opening Airport Road to
Hwy. 218. He asked to change the name of Airport Road to give it a more residential feel. Mayor Albert closed
the floor for public comment.

On the Mayor’s request, Mr. Greer said that the Act was enacted to govern commercial aircraft, so private
aircraft are not governed by the same rules. He stated that operations have decreased steadily since 1998 and
general aviation operations are about half of what they were fifteen years ago. He said that he can not impose
a curfew, as these matters are relegated to the federal government. He noted that there is some light industrial
use on the North side, but it has not recently expanded or grown. Mr. Greer addressed traffic issues. He said
that hangared planes typically get very low use, and that they impose some restrictions for the hangar area on
the North side. He said that no flights are scheduled before 6:00 a.m.

Mr. Greer said that the airport has scheduled a meeting with Del Rey Oaks to pursue building a road going out
onto Highway 218. On question, he explained that the airport has contracted with Del Rey Oaks to provide
police protection at night. Mr. Greer clarified that private jets are louder than commercial jets. He said that
there are five elected members on the board and three or four are pilots. Councilmember Downey asked if the
airport could encourage additional federal regulation of private jets. He said that he cannot promise anything,
but will pursue that vigorously.

Councilmember Haferman said that he and Councilmember Della Sala are the Council’s Airport subcommittee.
He said that the 1:40 a.m. America West flight is causing concerns in the neighborhoods, and the City should
encourage the airport to limit flights between 11 p.m. and 7 a.m. He proposed that Mr. Greer and a member of
the FAA could meet with some of the neighborhoods and try to work out some of the problems. Mr. Greer
clarified that he has told the homeowners and associations that the airport is glad to meet with them at any
time.

Councilmember Della Sala suggested that the airport can control the uses in the hangars and insulate them.
He suggested that there might be quieter generators. In answer to Mr. Della Sala’s question, Mr. Greer
explained that the problem with landscaping to hide the hangars is that they are 30 feet high. He said that
vines planted along the fence line should help alleviate the visual issues, or they might consider another type
of barrier.

City Manager Meurer clarified that any member of the community is eligible to run for a seat on the Airport
Board, whether or not they have an aviation background. He said that talking to that Board or running for a
position on the Board is a way to impact change

§ Fly Monterey Campaign Report (Monterey County Convention & Visitor’s Bureau)
       Action: Postponed

CONSENT ITEMS

On a motion by Councilmember Haferman seconded by Councilmember Della Sala, and carried by
the following vote, the City Council approved the Consent Agenda, except Items C4, C7, C10 & C13:

AYES:          5       COUNCILMEMBERS: Della Sala, Downey, Haferman, Roberson, Albert
NOES:          0       COUNCILMEMBERS: None
ABSENT:        0       COUNCILMEMBERS: None
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Approval of Minutes

C1. October 4, 2005 (City Clerk)
       Action: Approved as amended

Award of Contract

C2.     Authorizing Contract with Enforcement Technology, Inc. to Provide Parking Citation Processing (Public
        Facilities)
        Action: Adopted Resolution No. 05-161

Ordinances

C3.     Second Reading—Amendment to Municipal Code Section 31-9 (Exempt signs) to permit certain flags
        or pennants at automobile dealerships (Community Development)
        Action: Adopted Ordinance No. 3363

Resolutions

C4.     Approving Funding for the Operations and Maintenance of the Child Care Development Center
        Located at the Presidio of Monterey (Public Works)
        Action: Removed from consent; discussed and adopted Resolution No. 05-162

Councilmember Haferman asked for a brief status report on the Child Care center. City Manager Meurer said
that the new operator is doing an excellent job with the program, but clients’ having to go through a security
check at the gate has been problematic. He said that he has been working with the Army to relax the
requirements with regard to the gate pass.

On a motion by Councilmember Della Sala seconded by Councilmember Downey, and carried by the following
vote, the City Council adopted Resolution No. 05-162 approving the funding for operations and maintenance of
the Child Care Development Center:

AYES:          5       COUNCILMEMBERS: Della Sala, Downey, Haferman, Roberson, Albert
NOES:          0       COUNCILMEMBERS: None
ABSENT:        0       COUNCILMEMBERS: None

C5. Approving Replacement of One Parking Lot Sweeper (Public Works)
       Action: Adopted Resolution No. 05-163

C6.     Authorizing New Lease for Southern Cal Seafood, Inc. — Pete Guglielmo Lessee — Pump House —
        Municipal Wharf No. 2 (Community Development)
        Action: Adopted Resolution No. 05-164

C7. Authorizing Concession Agreement with Percival Lammie, d.b.a. Dive Caddy, to Conduct
       Transport of Dive Equipment Business on Public Streets and Property (Community
       Development)
       Action: Removed from consent; public comment taken; adopted Resolution No. 05-165

Mayor Albert opened the floor for public comment. Bruce Crist asked why concession and franchise fees are
not charged to others who use the beach or recreation trail for commercial purposes, such as surrey rental
and, banquets on the beach. Having no further request to speak, Mayor Albert closed public comment.

City Manager Meurer explained that some concessionaire agreements have been granted, and those who do
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not have exclusive use are controlled by a leasehold, such as kayak rentals and beach parties. He said other
uses are controlled through a use permit.

It was moved by Councilmember Della Sala, and seconded by Councilmember Haferman, to adopt
Resolution No. 05-165, authorizing a concession agreement with Percival Lammie d.b.a. Dive Caddy
to conduct transport of dive equipment on public streets and property.

Councilmembers discussed whether they might consider concession agreements in the future.
The motion carried by the following vote:

AYES:        5                     COUNCILMEMBERS: Della Sala, Downey, Haferman, Roberson, Albert
NOES:        0                     COUNCILMEMBERS: None
ABSENT:      0                     COUNCILMEMBERS: None

C8.   Appropriation of Additional Funding for the Presidio of Monterey Public Works Authority Fund (Public
      Works)
Action: Adopted Resolution No. 05-166

C9. Transfer of Funds for ADA Curb Ramps (Oak Grove) ***NIP*** (Public Works)
Action: Adopted Resolution No. 05-167

C10. Accept and Appropriate Funds from Monterey City Disposal Service (MCDS) for Lifter Clean-up (Public
      Works)
Action: Adopted Resolution No. 05-168

Councilmember Downey reported that she and the Mayor met with CalTrans officials about one year ago, and
agreed that the City would clean the highway ramps if CalTrans would clean the rest of the Highway. She said
that after the money was donated, Caltrans took three ramps from the City, citing safety concerns. Ms. Downey
said that she met again with CalTrans who has agreed to do traffic control so the City could clean the ramps.
On question Deputy Public Works Director Uslar confirmed that they have been in contact with Mr. Price to
work through this issue and the ramps will be cleaned again this weekend.

Ms. Downey said she would like to clean the ramps more frequently. Mr. Uslar said that based on funding, they
have scheduled once per month, with monitoring and an increase in frequency if necessary.

On a motion by Councilmember Downey, seconded by Councilmember Della Sala, and carried by the following
vote, the City Council adopted Resolution No. 05-168, accepting and appropriating funds from Monterey City
Disposal Service (MCDS) for litter clean-up:

AYES:   5              COUNCILMEMBERS: Della Sala, Downey, Haferman, Roberson, Alber
NOES:   0              COUNCILMEMBERS: None
ABSENT: 0              COUNCILMEMBERS: None

C11.   Authorizing the Acceptance and Appropriation of Beverage Container Redemption Fee Grant Funds
       from the California Department of Conservation (Public Works)
              Action: Adopted Resolution No. 05-169

C12.   Amending Resolution No. 05-43 to Clarify Amount of Award of Contract for On-Call General Building
       Improvements (Public Works)
             Action: Adopted Resolution No. 05-1 70
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Other

C13. Approving Changes to December City Council Meeting Schedule (City Clerk)
      Action: Removed from consent; public comment taken; approved

Mayor Albert opened the floor for public comments on the item. Barbara Bass Evans congratulated Ms.
Downey on her work with CalTrans. She asked questions regarding the trip to Dubrovnik. Having no further
requests to speak, Mayor Albert closed public comment.

In answer to the questions, City Manager Meurer said that this is the second time that staff has been asked by
the State Department to travel to Dubrovnik. He said that Monterey is looking at their Historic Preservation
efforts. He said that through preparation for seismic events, that City was able to restore historic buildings
quickly after bombings during a civil war. He said that they are looking at Monterey’s tourism to learn how they
might be able to develop that industry in Dubrovnik. Mr. Meurer said that he would be making a presentation
on how we govern and how to transition to a grass roots democracy, and the Mayor will present, “Monterey
Then and Now.” Mr. Meurer explained that the State Department pays for these trips.

Councilmember Della Sala said that he would be out of town the week of December 13th , so would not be in
attendance at the rescheduled December meeting.

On a motion by Mayor Albert, seconded by Councilmember Haferman, and carried by the following vote, the
City Council approved changes to the December City Council Meeting Schedule:

AYES:          5       COUNCILMEMBERS: Della Sala, Downey, Haferman, Roberson, Albert
NOES:          0       COUNCILMEMBERS: None
ABSENT:        0       COUNCILMEMBERS: None

                                   ***End of Consent Agenda***
PUBLIC COMMENTS

Mayor Albert opened the floor for Public Comments on items not on the agenda. Howie Hugo, Viejo Road
resident, expressed his appreciation for the Monterey Fire Department and their response to a recent fire near
his home. He voiced concerns that there have been several fires in this area, noted that people who live in the
woods appear to be the cause, and said that he hopes the dangerous situation can be alleviated. City Manager
Meurer agreed that this has been an issue, and the city has been working with the property owner, Pebble
Beach Company, regarding the encampment. He noted that finding a solution is difficult because when the
individuals are moved out of one location, they go to another. He suggested that private property owners
reduce the fuel load on their property.

Councilmember Downey said that she had requested removal of Item C1 from the Consent Agenda, so she
could amend the October 4th Minutes. She asked to make the following additions: to add her recommendation
on the 801 Lyndon Street item that the house be moved 10 feet toward Irving, the deck removed and the
ceiling height lowered; and on the Public Service Center item, that the north building be built as one story with
a new, separate office building replacing the modular where the Personnel and Attorney’s office is currently
located. Council agreed to the changes.

City Manager Meurer said that there would be no action on the Safeway Item tonight, and Mayor Albert
adjourned the meeting to closed session at 5:25 p.m.

CLOSED SESSION

1.      Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Agency
        Negotiators:Ralph Bailey, Mike McCarthy, Fred Cohn, Carlo Cudio, Michael Aspland, Tim
        Shelby — Employee Organization: Monterey Police Association (MPA) (City Manager)
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       Action: On a unanimous roll ca/I vote, the City Council gave confidential direction to
       their negotiators

2.     Conference with Legal Counsel Pursuant to Government Code Section 54956.9(a) Existing
       Litigation — Name of case: Bernardi v. the City of Monterey (City Attorney)
       Action: On a unanimous roil call vote, the City Council gave confidential direction to
       their legal counsel (4-1, Downey voting no)

3.     Conference with Real Estate Negotiators - Direction to Negotiators on Disposition of City-
       Owned Leasehold Parcel at 570 Munras Avenue (APN# 000-58-018) - Current Lessee is
       Safeway Corporation - Agency Negotiators: Bill Wojtkowski, Bob Cea, Charmaine Geiger,
       Don Rhoads - (Authorized in Open Session February 18, 2003) (Community Development)
       Action: Report received and discussed

ANNOUNCEMENTS FROM CLOSED SESSION

City Clerk Gawf made the announcements as noted above, and Mayor Albert called a recess at
6:23 p.m.

At 7:00 p.m., there were no Councilmembers present, and City Clerk Gawf adjourned the meeting,
for lack of a quorum, to the next Regular Meeting on November 1, 2005

CONTINUED PUBLIC COMMENTS

There were no public comments.

CONTINUED PUBLIC HEARINGS

4.     Resolution of Application Requesting the Local Agency Formation Commission to Take
       Proceedings for the Formation of a Community Services District for the Desalination Plant
       at Ocean View Plaza, an Agreement to Indemnify the City, a Waiver Agreement with
       California American Water Company and Related Documents (City Attorney/Public Works)
       Continued from July 19, 2005, August 2, 2005, September 6, 2005, September 20, 2005
       and October 4, 2005. Staff Recommends this item to be continued until November 1, 2005
       Action: Meeting adjourned and item continued to November 1, 2005

COUNCIL COMMENTS

There were no Council Comments.

CITY MANAGER REPORTS

No report was given.

ADJOURNMENT

Meeting adjourned by City Clerk for lack of a quorum at 6:23 p.m.

Respectfully Submitted,                            Approved,


_________________________                          __________________________
Bonnie L. Gawf, City Clerk                         Dan Albert, Mayor

								
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