Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 19, 2015 4:00 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, Library Director, Fire Chief, Interim Police Chief, Interim Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Urban Forester, Senior Associate Planner, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. CONSENT ITEMS Other 1. Designating Joanne Narloch as City’s Labor Negotiator Under Government Code section 54957.6 (Human Resources - 507-01) Action: Approved On a motion by Councilmember Haffa, seconded by Councilmember Roberson, and carried by the following vote, the City Council approved designating Joanne Narloch as the City’s Labor Negotiator under Government Code section 54957.6 : 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 opened public comment on the closed session items, had no requests to speak, and closed public comment. Council adjourned to closed session at 4:06 p.m. Mayor Roberson reconvened the meeting in open session at 7:01 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council gave confidential direction to their legal counsel regarding existing litigation in the case of Perry vs. City of Monterey, Workers’ Compensation Board. She said that the roll call vote was 4-1 with  City Council Minutes Tuesday, May 19, 2015 Downey voting no. Ms. Gawf reported that in a second conference with legal counsel to decide whether to initiate litigation in one case, the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. Mayor Roberson announced that in a conference with labor negotiators, the Council received a report and took no action. PRESENTATIONS 2. Receive Tree City USA Award and Recognize Arbor Week (Plans & Public Works - 810-01) Action: Received presentation City Forrester Reid reported on how the City becomes eligible for the Tree City USA award and introduced Steve Morton, who detailed the City's units of production. Mayor Roberson read a proclamation as Mr. Reid and Mr. Morton presented the Tree City flag. 3. Recognize Plans and Public Works 2015 Belt Buckle Recipients and Professional of the Year Award (Plans & Public Works - 502-08) Action: Recognized recipients Assistant City Manager Uslar introduced the item, and Deputy City Manager Pick presented the awards. CONSENT ITEMS Mayor Roberson said that a member of the audience has asked to remove Item 7 and a Councilmember has asked to remove Item 11 from the Consent Agenda. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 7 and 11: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 4. May 5, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 5. Award a Construction Contract for the Water Meters and Backflow Prevention Assemblies at the Ord Military Community Project *** PMSA*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-087 C.S. Ordinances 6. 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 -- Continued from April 21, 2015 Meeting and Recommended for Continuance to June 2, 2015 Meeting (City Attorney - 701-11) Action: Continued to June 2, 2015 2  City Council Minutes Tuesday, May 19, 2015 7. 2nd 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, continued to June 2, 2015 Mike Becker, Cannery Row Company, said that Cannery Row has a transfer station that transfers massive amounts of waste and recycling. He voiced concerns regarding hidden issues and costs in the ordinance. He said that the word "organic" could have significant impacts on business operations. He asked Council not to pass this ordinance tonight. With no further requests to speak, Mayor Roberson closed public comments. Sustainability Coordinator Terrasas explained that the ordinance is meant to put the City in compliance with state law. He said that the dates in the law are firm and are contained in the Public Resources Code. He said that there are potentially consequences for the City and businesses if the requirements are not met. Councilmember Downey asked that staff highlight the state requirements for Cannery Row Company. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the second reading of the ordinance to the June 2, 2015 meeting: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. 2nd 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: Adopted Ordinance No. 3515 9. 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: Adopted Ordinance No. 3516 Resolutions 10. Approve Funding for Fire Station 1 Exhaust Extractor Installation ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 15-088 C.S 11. Award On-Call Architectural Services Professional Service Agreements ***CIP/NIP/PMSA*** (Plans & Public Works - 704-06) Action: Removed from Consent; discussed; adopted Resolution No. 15-089 C.S. and Resolution No. 15-090 C.S. Principal Engineer Harary presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-089 C.S. and C.S. 15-090 C.S. awarding on-call Architectural Services Professional Service Agreements: 3  City Council Minutes Tuesday, May 19, 2015 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Authorize a Transfer of Funds from Annual Street Resurfacing Project to the Wharf 1 Pavement Resurfacing Project (Plans & Public Works - 807-02) Action: Adopted Resolution No. 15-091 C.S 13. Authorize a Fee Waiver for Monterey Firefighters Association Movie on the Park on Colton Hall Lawn. (City Manager - 101-14) Action: Adopted Resolution No. 15-092 C.S 14. Identifying The Terms And Conditions For Fire Department Response Personnel Away From Their Official Duty Station And Assigned To An Emergency Incident (Fire - 601-05) Action: Adopted Resolution No. 15-093 C.S Other 15. Authorize Contribution to Monterey High School Sober Grad Night (City Manager - 101-13) Action: Adopted Resolution No. 15-094 C.S. 16. Receive Report about City Property 951 Del Monte Avenue and Groundwater Remediation Clean-Up (Plans & Public Works - 704-06) Action: Received report ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Luis Osorio celebrated that Monterey is now officially the Language Capital of the World. He referenced the Custom House Plaza saying that it is the heart of the City, but is inactive unless there is some kind of festival. He suggested that Museum of Monterey should open the Community Room to the Plaza in some fashion, which would improve the public space. Sam Rashkin thanked the Councilmembers for their work. He said that most of the smaller businesses are fine with the leasing policies as they are, but just need to move forward. He suggested that some sub- tenants might be better off to work directly with the City, rather than a master tenant. He suggested that the Fisherman's Wharf Association could commission an appraisal of ground and building leases. Nina Beety noted that Monterey is celebrating the Merienda on June 6, but the atrocities of the Spanish toward the indigenous people are well documented. She said that the Merienda celebrates the conquest of Monterey. Frank Lopez, Past President of American Public Works Organization, presented Council with a poster recognizing National Public Works Week. Michael Mosebach, MCPOA, said that his organization has a long history with the City of Monterey and would love to continue working together. He said that he is disappointed with the recently adopted leasing policies. He suggested setting goals and objectives regarding various properties, and then setting policies. Jody Hansen, Monterey Peninsula Chamber of Commerce President and CEO, agreed with the previous speaker. She said that flexibility and predictability are the issue and she voiced concerns that the policies will restrain investment. 4 City Council Minutes Tuesday, May 19, 2015 Michael Coleman said he would favor a law to ban smoking on Wharf II. He displayed pictures of cigarette butts on the Wharf and reviewed the chemicals contained in them and the harm caused. He said that enforcement would be necessary to have the desired effects. Ladonna Livingood said that she is newly homeless and said that she would like women to have the same rights as homeless men. She detailed difficulties she has experienced. Carla Wilson said there are 735 homeless women in Monterey County and she spoke in favor of granting women the same rights as homeless men. She asked Council to do something for the women. Having no further requests to speak, Mayor Roberson closed public comment and said that weHelp is working on a program for homeless women. Mayor Roberson called a recess at 8:12 p.m., then reconvened the meeting at 8:24 p.m. WATER UPDATE Monterey Peninsula Water Management District General Manager Dave Stoldt gave a presentation on the new state mandated conservation measures and the impact on the Monterey Peninsula. On question, Mr. Stoldt gave a brief update on the Pure Water Monterey (Ground Water Replenishment) project negotiations and the desal plant EIR. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comments. COUNCIL COMMENTS Councilmember Haffa said that he was disappointed by the comments tonight by members of the business community. He said that the leasing policies are meant to provide stability, while being designed for flexibility in unique situations. He reviewed the goals of the policies: meet Charter requirements by obtaining market rate, generate revenues, give preference for local and independent operations, and improve the public spaces. Councilmember Downey addressed the KSBW editorial regarding the leasing policies, challenging them to get their facts straight. She said that the City Council had done research and had facts. She asked to agendize hiring an outside professional to manage the City's leases. She said that Nina Beety is correct regarding the history about Father Serra. She asked Council to send a letter to the Pope questioning the sainthood of Father Serra. Councilmember Barrett said that as a community volunteer he is hopeful that the community can work together on the issues. He said that the next subcommittee meeting on the Lighthouse Area Specific Plan is this Thursday at 9:00 a.m. in the Council Chamber. He suggested that there may be additional tools that could be used by the community in this decision-making process. Councilmember Smith said that it is important to hear all sides of an issue, and he thanked members of the public for expressing their opinions. He said that he is not offended by those comments. He asked not to receive talking points on any issue, and suggested that Council move forward with lease negotiations. He agreed with the idea to hire a professional to assist with the negotiations. Councilmember Downey said the talking points are a response to a negative editorial from KSBW that had misinformation, so she applauded the City for explaining their position. Councilmember Smith said that Council can respond to editorials through their actions. 5  City Council Minutes Tuesday, May 19, 2015 CITY MANAGER REPORTS City Manager McCarthy reported that the Conference Center Facility Bond funding has been completed today with an interest rate under 4% at a cost of $250,000, far below expected costs. He said that Measure P work has started. Mr. McCarthy said that there will be a study session to discuss the budget next Wednesday night. He said that Monterey High will face off with Pacific Grove High in a CCS final at Jacks Park. He said that the Police recently did a sweep at Jacks Peak to reduce fire hazards. PUBLIC APPEARANCE 17. Review Administrative Procedures for Sign Permits (Plans & Public Works - 201-08) Action: directed staff to initiate the process to amend the sign ordinance regarding freestanding sign setback from property lines and wall sign mounting height and distance from a pedestrian entrance Chief of Planning Rerig introduced the item and Senior Planner Hopper presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Phil VanderKraats said that there are many examples of exquisite signs in this area. He said that he has worked with staff on the code regarding signs. He asked Council to consider some modifications to the codes, including administrative approvals and multi-tenant sign program streamlining. Nelson Vega agreed that the cost of sign approval can be unfair and staggering for small businesses. Jody Hansen, President and CEO of Monterey Peninsula Chamber, supported the staff recommendations. Jay Fagan commended the City on this effort and he encouraged Council to follow through on the recommendation. Having no further requests to speak, Mayor Roberson closed the public comment. On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council directed staff to initiate the process to amend the sign ordinance regarding freestanding sign setback from property lines and wall sign mounting height and distance from a pedestrian entrance AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. First Review of Recommended Neighborhood Improvement Program (NIP) Projects for FY 2015/16 ***NIP*** (Plans & Public Works - 808-02) Action: Reviewed list of projects and provided feedback City Manager McCarthy introduced Principal Engineer Krebs, who gave a brief report and the recommendation. Mayor Roberson opened public comment. Harlan Jencks, Oak Grove Neighborhood President, urged Council to approve the acquisition of property in their neighborhood. He said that the neighborhood has desired a park for many years. Rick Heuer, NIP Spokesperson, offered to answer questions and echoed support of the Oak Grove property acquisition for use as a park. 6  City Council Minutes Tuesday, May 19, 2015 With no further requests to speak, Mayor Roberson closed public comment. Councilmember Downey said that she would like guidance from the Parks and Recreation Commission on applicable projects. Mayor Roberson supported the acquisition of the Oak Grove property. Councilmember Barrett said that he would like additional information on the condition of the building on the Oak Grove property. On question, Mr. Heuer said that if the property goes off the market, the money would be returned to an opportunity buying fund. Mayor Roberson reviewed some of the history of the NIP. PUBLIC HEARING 19. Adopt Resolutions to Levy Assessments to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Plans & Public Works - 405-04) Action: Held Public Hearing; adopted Resolution No. 15-095 C.S., Resolution No. 15-096 C.S., and Resolution No. 15-097 C.S. Mayor Roberson opened the Public Hearing and had no requests to speak. He closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Roberson, and carried by the following vote, the City Council adopted Resolution No. 15-095 C.S., Resolution No. 15- 096 C.S., and Resolution No. 15-097 C.S. levying assessments to fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 20. 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: Reopened and closed Public Hearing; adopted Resolution No. 15-098 C.S. (4-1; Downey voting no) Property and Housing Manager Marvin presented the staff report. Mayor Roberson reopened the Public Hearing. Nicholas Wenzel said that he is an owner and occupant near the 599 Pearl building. He voiced concerns about opening a shelter in a neighborhood near so many parks and children's facilities. A gentleman who did not identify himself said that he is amazed at the program that the staff put together in a very short time. He asked that the emphasis be on housing. Rick Cantevern questioned the location of transitional housing at 599 Pearl Street because of the youth-serving organizations in the area. He asked to make sure that oversight is provided. Nina Beety said that she learned today about the sale of a fourplex in Seaside for approximately $500,000. She suggested that it could be used as housing for women or people who work in the hospitality industry. She said that she is thankful for emergency housing. Rob Rapp, Development Director at Community Human Services, said that if they receive the funding, there would be a process to open the shelter. He clarified that anyone who would be staying there would have to be sober, and there are federal guidelines that define the program. 7 City Council Minutes Tuesday, May 19, 2015 Reyes Bonilla, Executive Director of Shelter Outreach Plus, said that they are opening a respite care program in Marina, as well as a transitional housing program for single homeless women. He said that his organization would be open to partnering with the City. Terry Bare, Executive Director of the Veterans Transition Center, thanked the City for considering them as a partner. He strongly supported the proposed project. Jay Fagan, who is with the accounting firm that represents the Veterans Transition Center, supported the staff recommendation. Alan Bilinsky, Interim Incorporated, thanked the Council for their support. With no further requests to speak, Mayor Roberson closed the hearing. Councilmember Barrett supported not prioritizing infrastructure over housing. Councilmember Downey said that she is unsure regarding the proposal regarding CHS, and she would like staff to investigate Shelter Outreach Plus as an alternative. Councilmember Haffa explained the services already being provided by CHS. Councilmember Smith said that he believes the proposal for CHS is a worthy cause. He said that he is comfortable with the staff recommendation. It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Resolution No. 15-098 C.S., approving the substantial amendment to the 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): Councilmember Downey said that she will not support the motion because she would like more research on partnering with Shelter Outreach Plus. Councilmember Haffa said that timing is critical and he believes this proposal is a good one. Councilmember Smith agreed that time is of the essence. Councilmember Barrett said that the process has yielded a good outcome. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Having No further business to come before the Council, Mayor Roberson adjourned the meeting at 11:17 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8