Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 21, 2015 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, Smith, Roberson Absent: Councilmember Barrett City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager, Plans and Public Works, Finance Director, Fire Chief, Police Chief, Chief of Planning, Engineering, and Environmental Compliance CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Presentation of William E Parker Award to Division Chiefs Felix Colello and Stewart Roth (Fire - 601-01) Action: Presented Awards to Division Chiefs Colello and Roth Fire Chief Panholzer and Councilmember Downey presented awards to Division Chief Felix Colello and Division Chief Stewart Roth, and each of them made brief remarks. 2. Presentation on Monterey: Language Capital of the World Festival (Plans and Public Works - 701-03) Action: Received Presentation Upon recognition by City Manager McCarthy, Deputy City Manager Pick and Jaclyn Jordan gave a brief presentation. CONSENT ITEMS Mayor Roberson noted that there is a recommendation to continue Item 7 to May 19. On a motion by Councilmember Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, continuing Item 7 to May 19, 2015: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. March 25, 2015 (Information Resources - 701-09) Action: Approved (4-0-1; Barrett absent)  City Council Minutes Tuesday, April 21, 2015 4. April 7, 2015 (Information Resources - 701-09) Action: Approved (4-0-1; Barrett absent) Award of Contracts 5. Award On-Call Construction Management and Inspection Services Professional Service Agreements (Plans & Public Works - 704-05) Action: Adopted Resolutions No. 15-069 C.S., No. 15-070, C.S. and No. 15-071 C.S. (4-0- 1; Barrett absent) Ordinances 6. 1st Reading to Amend Chapter 32 of the Monterey City Code Regarding Special Events Held on City Property and Fee Waivers (City Attorney - 701-11) Action: Passed Ordinance to print (4-0-1; Barrett absent) 7. 1st Reading to Delete City Code Section 22-31 And Add City Code Sections 22-31 Through 22- 31.16 Relating To Massage And Massage Establishments -- Staff recommends continuance to May 19, 2015 Meeting Action: Continued to May 19, 2015 (4-0-1; Barrett absent) Resolutions 8. Adopt a Resolution in Support of California Safe Digging Month (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-072 C.S. (4-0-1; Barrett absent) 9. Authorize Waiver of Fees for Use of Del Monte Beach for 3rd Annual Monterey Beach Open Volleyball Tournament on July 31-August 2, 2015 and Two Mini Tournaments Scheduled for June 13-14, 2015 and July 11-12, 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-073 C.S. (4-0-1; Barrett absent) 10. Authorize Waiver of Fees for Use of Del Monte Beach for Monterey Beach SportsFest on October 3-4, 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-074 C.S. (4-0-1; Barrett absent) 11. Authorize Open Market Negotiations to Secure a Construction Contract for the Repair/Replace Water Wells Project ***PMSA*** (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-075 C.S. (4-0-1; Barrett absent) 12. Authorize Waiver of Fees for Two (2) Disc Golf Tournaments Scheduled for July 11-12, 2015, and September 26, 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-076 C.S. (4-0-1; Barrett absent) 13. Authorize Waiver of Event Fee for Law Enforcement Torch Run to Raise Awareness for the World Special Olympics (City Manager - 101-14) Action: Adopted Resolution No. 15-077 C.S. (4-0-1; Barrett absent) ***End of Consent Agenda*** 2  City Council Minutes Tuesday, April 21, 2015 PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Lorna Moffett asked the Council to agendize an item to make Monterey County GMO-free. She said that genetically modified organisms (GMOs) are killing us and it is important to get educated about them. She said that she has been diagnosed with a GMO disease. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 14. Comparable Agencies for the City's Class and Compensation Study (Human Resources - 502-03) Action: Continued to May 5, 2015 City Manager McCarthy said that staff is recommending continuance to the next meeting. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the item to May 5, 2015: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None City Manager McCarthy noted that staff would be recommending continuance of Item 15 this evening as well. Councilmember Smith said that it is important to read and fully understand that CDBG item. Council recessed at 5:40 p.m. Mayor Roberson reconvened the meeting at 7:02 p.m., and Councilmember Barrett was absent. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. WATER UPDATE Executive Director Cullem reported on a possible unexpended balance for FY 15-16. He reported that there has been no response to the preliminary draft proposal for a CDO extension and that Cal Am has completed five full days of testing the slant well operation. He said that the Water Authority sent a declaration to the Santa Cruz County Superior Court in opposition to a Marina Coast Water District lawsuit seeking to halt the operation of the test slant well, the DEIR for the GWR is expected out this month, and that the Authority sent a letter in support of the MPWMD position that Peninsula residents' conservation accomplishments justify the lowest possible water cutbacks due to the drought.. Councilmember Downey and Mayor Roberson expressed concerns regarding the Water Authority's budget. Councilmember Haffa reported that the Airport Board discussed a possible catchment facility for the runoff at the Airport, and that he had advised them that we are interested in capture and reuse of storm water. He asked if Cal Am has ever looked at locating their desal plant closer to the Peninsula. Mr. Cullem said that he believes studies have shown that the plant has to be near the water intakes and there is not an opportunity to use off shore intakes south of Marina. 3 City Council Minutes Tuesday, April 21, 2015 He noted that MPRWA has reached out to FORA in hopes of cooperation with regard to their potential desal project. Councilmember Smith asked about the location of the desal building with respect to the slant wells, and Mr. Cullem explained that the building would be inland, near the power plant, which would help reduce costs. Councilmember Downey explained that a portion of the processing will take place at the Monterey Peninsula Water Pollution Control Agency, so the plant needs to be nearby. Mr. Cullem said that the Pollution Control Agency would be responsible for disposal of the brine. Mayor Roberson asked Mr. Cullem to talk about the DEIR and arrange a presentation on the location of the pipes in Monterey next month. He opened public comment on the item, had no requests to speak, and closed public comments. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on non-agendized items. Jim Cullem, Skyline Forest resident, voiced concerns regarding a recent rupture of a gas line that blocked traffic for several hours and would have trapped residents in his neighborhood if it had caused a fire. Mayor Roberson said a report on the incident was prepared by the Fire Chief which will be forwarded to Mr. Cullem. He said that there was no danger of an explosion. Alex Peterson, teacher at Monterey High School reported that sixty-four students attended this afternoon's City Council session. He invited people to come to their Open House this Thursday at 6:00 - 8:00 p.m. With no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Haffa reported further on the Joint Airport Board meeting, saying that they discussed the need for landscaping along Highway 68 near recent construction. He said that the West Side of the Airport will be expanded for safety reasons, which might necessitate truck traffic on Airport Road. He reported that they are working on a long-term Master Plan, which could move the terminal and a parking lot. He said they emphasized their interest in partnering with the City. Councilmember Downey said she received a letter regarding handicapped parking on the Wharf, and she asked if we are in compliance. She said that she would like the Council to think about starting meetings at 4:30 to accommodate Mr. Haffa's teaching schedule. She voiced concerns regarding fire hazards at Jack's Peak Park due to the homeless encampments. She said that 70 people at MST might lose their jobs because the federal government is threatening to withhold funds due to labor disagreements. Councilmember Smith reported on the recent AMBAG meeting, where the state Traffic Commissioner reported on the condition of the roads and highways. He said the state is looking at possible changes to the gas tax and alternative funding sources. Mr. Smith said he attended a Fire orientation. He reported that at MPC on Wednesday at 1:00 there would be panel discussion on the desalination issues. Mayor Roberson acknowledged Police Chief Phil Penko, who is attending his last meeting in his official capacity. 4  City Council Minutes Tuesday, April 21, 2015 PUBLIC HEARING 15. Approve Substantial Amendment to Fiscal Year 2014-2015 Action Plan for Community Development Block Grant (CDBG) Program and Budget and Authorize Submission to the U.S. Department of Housing and Urban Development (HUD) (Plans & Public Works - 201-09) Action: Continued to May 5, 2015 Mayor Roberson noted that this item will be continued. He opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the item to May 5, 2015: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey recused herself from hearing Item 16 due to a potential conflict of interest. She left the Chamber at 7:56 p.m. 16. Consider Adoption of Negative Declaration and Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18’ Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District (Plans & Public Works - 201-12) Action: Referred to back to Planning Commission (2-1-1-1; Smith voting no, Barrett absent, Downey not participating) Chief of Planning and Engineering Rerig presented the staff report and answered Councilmembers' questions. Mayor Roberson called a recess at 8:20 p.m., then reconvened the meeting at 8:29 p.m. Mayor Roberson opened the Public Hearing. Captain Ace Trask, representing Mrs. Morford who lives next door to the subject property, said that Mrs. Morford’s entire house is less than 18 feet tall. He voiced concerns that this would over-crowd the property. He noted that this would be a fifty percent increase in height. Cynthia Spellacy, representing the applicant, said that the twelve foot height limitation on a small accessory structure causes a very low-sloped roof that might not match the type of architecture of the house. With no further requests to speak, Mayor Roberson closed the hearing. It was moved by Councilmember Smith to adopt the Negative Declaration and Draft Zoning Ordinance Amendment to allow 18’ tall accessory structures. The motion died for lack of a second. 5 City Council Minutes Tuesday, April 21, 2015 Councilmember Haffa suggested modifying the proposal, and Mayor Roberson said it might be better to refer the matter back to the Planning Commission. Councilmember Smith said that he believes 18 feet is fine, but might consider sending it back to the Planning Commission. It was moved by Councilmember Haffa, and seconded by Mayor Roberson, to refer the matter back to the Planning Commission to reconsider the height of the building, a minimum lot size of 20,000 square feet, and consider not allowing a building to exceed the height of existing buildings on the property. Councilmember Smith Said he would not support the motion because he believes the Planning Commission has already done the work. The motion carried by the following vote: AYES: 2 COUNCILMEMBERS: Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Downey CITY MANAGER REPORTS City Manager McCarthy announced that next Wednesday's Study Session meeting would be canceled and replaced by a Special Closed Session. He said that the first August City Council meeting would be cancelled. He announced that NIP would be meeting to vote on projects this Thursday. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 8:47 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 6