Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 5, 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 Barrett, Downey, Haffa, Smith, Roberson Absent: None 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, Community Services Director, Fire Chief, Police Chief, Interim Human Resources Director, Library Director, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, Police Lieutenant, Principal Engineer, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Presentation by Cal-Am: Update about DEIR Desalination Plant and Proposed New Water Lines in Monterey (City Manager - 804-05) Action: Received presentation Mayor Roberson introduced California American Water's representatives. Manager of External Affairs Catherine Steadman and Project Manager Ian Crooks reviewed the Draft Environmental Impact Report for the Monterey Peninsula Water Supply Project and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Nina Beety asked if an existing pipeline to the Seaside Basin could be used. She expressed concerns regarding underlying societal assumptions. With no further requests to speak, Mayor Roberson closed public comment. Mr. Crooks explained that the existing pipes could not be used due to volume. He said that this project would reduce use from the Carmel River and Seaside Basin. CONSENT ITEMS Mayor Roberson said that a Councilmember as asked to remove Item 3 from the Consent Agenda and staff has asked to remove Item 5. On a motion by Councilmember Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Items 3 and 5, which were removed for discussion: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, May 5, 2015 Approval of Minutes 2. April 21, 2015 (Information Resources - 701-09) Action: Approved (4-0-1; Barrett abstaining) Ordinances 3. 1st Reading – Amend Article 1 of Chapter 14 of the Monterey City Code related to Solid Waste and Recycling (Plans & Public Works - 802-07) Action: Removed from Consent; discussed; passed Ordinance to print Councilmember Haffa expressed concerns regarding a section of the ordinance that does not allow people to go through recyclables and take those away for salvage. Sustainability Coordinator Terrasas said that this is not a change to the existing code, which already prohibits people going through refuse bins and taking things away for personal salvage. He explained that the franchise agreement says that anything that is put out for collection becomes the property of Monterey City Disposal. He said that to allow people to take refuse from a public container might require an amendment to the Franchise agreement. Councilmember Barrett suggested possible tweaks to the language to omit references to plastic bags in Section 14.2.b.3. Mr. Terrasas said that the plastic liners are in the current code, and are needed for health and safety. Mr. Barrett suggested changing the language to say non- permeable, water-proof material, instead of plastic. Councilmember Smith suggested referring the matter back to staff. Mayor Roberson opened public comment on the item. Rick Johnson emphasized that the trash cans with the recycling bins on top have been a major step forward in the cleanliness Downtown and on Cannery Row. He suggested expanding that program. Having no further requests to speak, Mayor Roberson closed public comment. It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to pass an ordinance to print amending Article 1 of Chapter 14 of the Monterey City Code related to solid waste and recycling with the understanding that there will be further analysis and that staff will bring back further amendments. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. 1st Reading – Amend Monterey City Code, Chapter 19 Article 4, Section 19-103 Schedule of Fees and Service Charges and Amend Resolution 14-132 Establishing a Master Fee Schedule to Create a Fee for Mobile Food Vending Permits (Plans & Public Works - 407-06) Action: Passed Ordinance to print; adopted Resolution No. 15-078 C.S. 5. 2nd 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: Removed from Consent; discussed; amended and passed Ordinance to print City Attorney Davi explained a proposed change that would correct the ordinance. 2  City Council Minutes Tuesday, May 5, 2015 On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the change of "City Manager" to "Communications and Outreach Coordinator" and passed an ordinance to print amending Chapter 32 of the Monterey City Code regarding special events held on City property and fee waivers : AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson asked if there is public comment on the item and no one came forward. Resolutions 6. 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. 15-079 C.S. 7. Receive Alvarado Street Maintenance District 85-1 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. 15-080 C.S. 8. Reject Bids for Presidio of Monterey & Ord Military Community for Pest Control Treatment On- Call Services****PMSA**** (Plans & Public Works - 701-02) Action: Adopted Resolution No. 15-081 C.S. 9. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment a. Cannery Row Business Improvement District b. New Monterey Business Improvement District c. North Fremont Business Improvement District (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-082 C.S., Resolution No. 15-083 C.S., and Resolution No. 15-084 C.S. 10. Accept Annual Report for the Old Monterey Business Association (Plans & Public Works - 405- 04) Action: Adopted Resolution No. 15-085 C.S. 11. Award Construction Contract for the Eddie Burns Lane Drainage Improvements Project ***NIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-086 C.S. ***End of Consent Agenda*** 12. Receive a Presentation on Ocean View Plaza (Plans & Public Works - 101-14) Action: Received report Chief of Planning Rerig presented the staff report, reviewing the history of the project and answering Councilmembers' questions. 3  City Council Minutes Tuesday, May 5, 2015 Mayor Roberson noted for the record that he voted no on this project. Council adjourned to a meeting of the Ocean View Plaza Community Services District Board. OCEAN VIEW COMMUNITY SERVICES DISTRICT - PRESENTATION 13. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-09) Action: Received report City Attorney Davi said that there is no update. On question, Ms. Davi said that the original intent of the district was to have a public agency to own and operate the desalination plant. Chair Roberson opened the floor for public comments. An unidentified woman asked what is considered "low income" housing. Mr. Rerig offered to provide her with specific information regarding that definition. Having no further requests to speak, Chair Roberson closed public comment. Director Barrett asked to be kept informed of the maintenance and code enforcement issues. The OVPCSD Board adjourned to the City Council meeting. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Nina Beety, Monterey resident, voiced concerns regarding impacts from the Fukushima radiation. She asked if desal plants can strain out radioactive elements. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 14. Review Administrative Procedures for Sign Permits (Plans & Public Works - 201-08) Action: Received public comment Mayor Roberson opened public comment on the item, noting that it would be taken up later. Jody Hansen, Executive Director of the Monterey Peninsula Chamber of Commerce, spoke in support of the staff recommendation to streamline the process. Having no further requests to speak, Mayor Roberson closed public comment. 15. Comparable Agencies for the City's Class and Compensation Study--Recommended for Continuance to May 19, 2015 (Human Resources - 502-03) Action: Tabled Mayor Roberson 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 tabled the item: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4 City Council Minutes Tuesday, May 5, 2015 Mayor Roberson called a recess at 5:33 p.m., then reconvened the meeting at 7:04 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. WATER UPDATE Monterey Peninsula Regional Water Authority Executive Director Cullem presented the report, saying the County has agreed to make the $153,000 fair share contribution for FY 14-15, and Monterey would gain a fair-share credit in the amount of $87,000 to be applied to the FY 15-16 contribution. He encouraged the City of Monterey to remain a part of the Water Authority for the next year. Mr. Cullem reported that no response has been received from the State Water Board on the proposal for a CDO extension. He said that the DEIR has been released for the Groundwater Replenishment Project (GWR) and the desal plant. He reported on the test slant well and said that the Water Management District will brief City Councils and the Water Authority of the final State mandatory conservation requirements. Mayor Roberson commented that the Peninsula residents use the least amount of water in the state. Councilmember Downey voiced concerns that the County did not pay their fair share for two years prior to 2014-15. She suggested that it might be time to consider sun setting the Authority. Mr. Cullem reviewed the project schedule, saying that more would be known by next February. Councilmember Haffa said that it makes sense to provide political fire-power for this project, but he questioned the necessity for legal expenses. Mr. Cullem said that there has been a lot of merit in the settlement agreements because they have kept litigation to a minimum. Councilmember Smith agreed that it is important to stick together with the JPA at this time to deal with potential problems and issues with the EIR and the State. He said that he would be very hesitant to talk about dismantling the JPA. Councilmember Barrett said that he understands both viewpoints. He urged that Cal Am must do their own legal work. Councilmember Downey said that the Governance Committee could be an option. Councilmember Haffa clarified that he agrees that now is not the time to disassemble the Authority, but he wants to be sure they are not doing Cal Am's work. On question, City Attorney Davi explained that the Authority is a separate entity from the City. She said she would get back to the Council regarding a question of liability if the City withdrew from the Authority. Mayor Roberson opened public comment on the item. Nelson Vega said that the Water Authority should have an independent expert review the DEIR. He said that it is penny-wise and pound-foolish not to do so because of the potential risk if the project does not go forward. He opposed sun setting the MPRWA. John Narigi spoke in support of the Hospitality Association's initiative, the first of which is to secure a water supply. He said that the coalition has sent a letter to the authority to reconsider funding an expert to review the EIR, and the Technical Advisory Committee has voted 5  City Council Minutes Tuesday, May 5, 2015 unanimously to do so. He said that the Authority has unified the community. Nina Beety said that she wants to insure that there is testing at the slant well for radioactive elements on a monthly basis. She spoke about the burden to low-income residents of high prices. She said that she hopes the hotels are instituting water-saving measures. Having no further requests to speak, Mayor Roberson closed public comments. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on items not on the agenda. Jonathon Hill, MPUSD Trustee, said that in his recent visits to schools, he saw students who were engaged and clean campuses. He said that some facilities are in need of repair, and there are $62 million in bond funds available for that. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Haffa congratulated staff for their work on the Language Capital of the World event. Councilmember Downey agreed. She said that she spoke to a class at MPC regarding Women in Politics. She asked for an update on Monterey Hotel. She voiced concerns regarding the Chamber microphones and asked for a podium where speakers could stand. She said the streets behind the Memory Gardens are really bad. Councilmember Barrett gave accolades to the City's emergency services personnel. He recounted a traffic accident where he was broadsided by someone who ran a stop sign. He said the public safety officers exhibited great professionalism and personal care. He said that our region is in the midst of change with regard to FORA, and we are on the cusp of a regional economic evolution. He reported on his recent experience at the Cal Ed regional conference. Councilmember Smith asked for the status of the traffic impact fee, and City Manager McCarthy said that it is in process. Mr. Smith offered kudos to staff on the Language Capital of the World festival. He reported on the Rotary International Conferences at the Hyatt and Marriott Hotels this past weekend. CITY MANAGER REPORTS City Manager McCarthy reported that staff has started work on a Measure P project in Fisherman's Flats. He said that the ARC will be doing the final design review of the MCC and the Portola Plaza. He said that staff is putting final touches on the budget and will be bringing it to the Council at their next meeting. PRESENTATIONS 16. Monterey County Hospitality Association Presentation: Action Plan for Revitalizing Monterey (CM - ) Action: Received report Barbara Meister and Henry Ruhnke, Monterey County Hospitality Association Board Members, presented the report. Mayor Roberson opened public comments on the item. Nina Beety said that revitalization or urban renewal has been needed in Monterey for years. She said that a focus on tourism and the military has driven up the cost of housing for ordinary people. Nelson Vega said that the 6  City Council Minutes Tuesday, May 5, 2015 City has made a lot of progress, but the presentation lacked a concept that everyone has to have skin in the game. He said there is a lot of housing going into the Downtown. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 17. Establish a Business Improvement District to be Known as the "Fisherman's Wharf Business Improvement District" -- Recommended for Tabling Due to Withdrawal of Request by Old Fisherman's Wharf Association (City Attorney - 701-11) Action: Tabled Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the item: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Barrett noted that wanted to register an abstention on Item 2 from this afternoon's Consent Agenda because he was not present at the April 21 meeting. 18. 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: Action: Continued to May 19, 2015 Property & Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Roberson called a recess at 9:06 p.m., then reconvened the meeting at 9:22 p.m. Mayor Roberson opened the Public Hearing. Nelson Vega said that if this money is used for this purpose it should be over and above Measure P funds. He said that housing is expensive because of costs and the Council cannot solve this problem. He said that the solution to homelessness is finding people jobs, and Mr. Marvin is overwhelmed. Nina Beety said that in order to have a job, one must have a home. She suggested that Council partner with a private company or other cities or the county to create housing opportunities. She said it would be a waste to not use this money for housing. Wanda Sue Parrot, columnist, said that Shelter Outreach Plus built twelve units in Marina, and they are willing to partner with cities. She referenced the Housing Authority of Springfield Missouri and recommended that Council look into their program. James Miller, Monterey resident, asked Council not to approve the recommendation at this time. He said that the Central Coast Alliance for HIV and AIDS is closing permanently. He said he would like to see a strategy for dealing with the homeless. Shannon Hayes, Monterey resident, said that this makes the city look bad. He asked Council to make the right decision. Bill McCrone, Planning Commissioner, said that the Commission 7  City Council Minutes Tuesday, May 5, 2015 worked on this issue last month and forwarded this unanimous recommendation to the Council. He said that CDBG is complicated and Mr. Marvin has been overwhelmed due to staffing issues. Cindy Storrs, Pastor of Monterey United Methodist Church, asked Council not to approve this recommendation tonight. Phillip Geiger supported the staff recommendation, saying that there was no service organization that could use the money for housing. With no further requests to speak, Mayor Roberson closed the Public Hearing It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to table the item until May 19, 2015: On question from Councilmember Smith, Councilmember Haffa said that he would like the staff to work with members of the community, do further research, and come back with recommendations for alternatives. Councilmember Barrett said this is an opportunity to collaborate with philanthropic organizations so some of the money could be used to make affordable housing accessible to people in need. Councilmember Smith reminded Council that CDBG funds are not only used for housing. Councilmember Haffa said that he agrees, but there is a crisis in this community. He said he found a property in Seaside with 8 units for $800,000. Councilmember Downey suggested that there might be opportunities in Fort Ord. She said that the projects recommended by staff would be good NIP and Measure P projects. On question, Mr. Marvin said that staff has researched properties in Monterey, and none were appropriate for this use. He said that they also researched the Seaside property, and could not get a partner. Councilmember Downey said she would like to prefer to think regionally. Mr. Marvin said that staff has concerns regarding the time frame to develop a regional partnership. Councilmember Barrett said that there are potential opportunities in the community. On question, City Manager McCarthy said he would prefer to agendize the matter for the next meeting, but will check in with the Mayor to advise if it is still on schedule. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Amend Resolution No. 15-056 to Add Leasing Policies Regarding Common Area Maintenance Charges and Wharf I Business Consolidation (Plans & Public Works - 704-10) Action: Tabled Administrative Analyst Aldrete presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Nelson Vega supported devising a policy to institute CAM charges. He urged some flexibility and balance regarding the percentage of space that could be controlled by one entity. Bill McCrone said that Council must keep an eye on the goal that the City wants to accomplish to have a world class well-maintained facility, which is what the CAM charges pay for. He said that the current business model of letting the 8 City Council Minutes Tuesday, May 5, 2015 tenants pay for the maintenance of the pilings does not work and the City must take over the pilings for an absolute net charge of 100% of all expenses. Mr. Hayes said he feels good about this meeting and the Council does a good job. Anthony Lombardo, representing Wharf tenants, said that the California Court of Appeal has ruled that the Wharf is a street and should be maintained by the City as such. He said charging a CAM charge would be a proposition 218 item that would require a vote. He said that the compactor could be legitimately included in a CAM. He agreed with the staff recommendation that there is no reason to limit the amount of space that one entity could rent. Mary Alice Cerrito Fettis, Concession 33, said that the current lease has adequate terms for maintenance of the pilings. Mr. Ballesteri, Concession 35, said that charges stack up and become expensive. He suggested blocking the Wharf to all traffic. He asked Council not to create a hardship. Sam Ballesteri, Concession 35, wondered if the Councilmembers had ever been in business for themselves and are aware of the expense of maintaining a business. He asked Council to consider the difficulties of the business people. Having no further requests to speak, Mayor Roberson closed public comments on the item. It was moved by Mayor Roberson, and seconded by Councilmember Downey, to table the item: Councilmember Haffa asked about the Hermosa Beach decision, and City Attorney Davi said that because Council is acting in a proprietary capacity rather than a government capacity, this is not a prop 218 issue. Councilmember Smith said that the lease negotiations need to have flexibility so undue pressure is not put on tenants. Councilmember Barrett said that if there is a 35% or less tenant limitation, it would not impede any existing tenants. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 11:04 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 9