Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 18, 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, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Principal Planner, Principal Engineer, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda: 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 1. July 21, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Award Construction Contract for the Doud Avenue 900 Block Street Repaving Project ***NIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-149 C.S. Ordinances 3. 1st Reading - Amend Monterey City Code section 22-25.5 Regarding Trespass to Private Property and Business Premises (City Attorney - 701-11) Action: Passed Ordinance to print  City Council Minutes Tuesday, August 18, 2015 Resolutions 4. Appropriate Active Transportation Program (ATP) Grant Funds for the North Fremont Bicycle and Pedestrian Improvements Project ***CIP*** (Plans & Public Works - 409-02) Action: Adopted Resolution No. 15-150 C.S. 5. Authorize an Appropriation of Funds for the Pedestrian/Bicycle Safety Education Program to be Reimbursed by the California Office of Traffic Safety (OTS) (Plans & Public Works - 409-02) Action: Adopted Resolution No. 15-151 C.S. 6. Authorize Application for the 2015 Edward Byrne Memorial Justice Assistance Grant and, if Awarded, Authorize the City Manager, or His Designee, to Enter into a Contract (Police - 704- 05) Action: Adopted Resolution No. 15-152 C.S. 7. Authorize Contract Change Order No. 1 for the Skateboard Park Renovation and Expansion Project and Appropriate Funds (Plans & Public Works - 808-02) Action: Adopted Resolution No. 15-153 C.S. 8. Approve Appropriation and Transfer of Funds for Additional Funding for the Lower Presidio Walkway Phase II Project ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 15-154 C.S. 9. Amend Traffic Resolution 98-186 to Add Stop Control on Spray Avenue Controlling Eastbound Traffic Entering Beach Way, on Spray Avenue Controlling Eastbound Traffic Entering Surf Way, and on Sea Foam Avenue Controlling Eastbound Traffic Entering Surf Way -- Continued from July 7, 2015 (Plans & Public Works - 701-03) Action: Adopted Resolution No. 15-155 C.S. 10. Award a Professional Services Agreement for the Hydrological and Geological Storm Water Study for the Presidio of Monterey ***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 15-156 C.S. 11. Amend Resolution No. 15-086 C.S., Eddie Burns Lane Drainage Improvements Project Construction Contract to Add Phase 2 ***NIP*** (Plans & Public Works - 808-03) Action: Adopted Resolution No. 15-157 C.S. 12. Adopt a Resolution Urging the State to Provide Sustainable Funding for State and Local Transportation Infrastructure (Plans & Public Works - 802-01) Action: Adopted Resolution No. 15-158 C.S. 13. Adopt Amendment to the Memorandum of Understanding with the Management Employees’ Association and Authorize an Appropriation of Funds (Human Resources - 507-03) Action: Adopted Resolution No. 15-159 C.S. 14. Adopt Amendment to the Memorandum of Understanding with the Police Lieutenants’ Management Association and Authorize an Appropriation of Funds (Human Resources - 507- 07) Action: Adopted Resolution No. 15-160 C.S. 15. Adopt Amendment to the Memorandum of Understanding with the Monterey Fire Chief Officers’ Association and Authorize an Appropriation of Funds (Human Resources - 507-05) Action: Adopted Resolution No. 15-161 C.S. 2  City Council Minutes Tuesday, August 18, 2015 16. Amend Resolution 15-055 Increasing the Award of Contract from $68,000 to $113,000 for the Professional Services Agreement with Public Sector Personnel Consultants for the Study of the City's Classification and Compensation System and Authorize an Appropriation of Funds (Human Resources - 502-03) Action: Adopted Resolution No. 15-162 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Frank Sollecito said that Monterey is still the best run city anywhere. As President of California Association of Resellers and Buyers, Mr. Sollecito asked the Council to adopt a resolution in favor of Assembly Bill 1182 to correct Senate Bill 391. He said that without AB 1182, thrift stores will necessarily go out of business. Dr. P.K. Diffenbaugh, MPUSD Superintendent, thanked the staff and Police Department for their support during a recent incident. Councilmember Downey said this is the first time she remembers a superintendent thanking the Council, and she expressed her appreciation. Alec Steffen gave the Council an update on his efforts regarding regulation enforcement on UBER. He requested that this matter be brought up as an agenda item. He thanked Councilmember Downey for her support. City Attorney Davi clarified that UBER is under the purview of CPUC. Council recessed at 4:22 p.m., then reconvened at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. WATER UPDATE Councilmember Downey reported that the Water Authority received an update from the People's Project and from the Deep Water project. Ms. Downey said that the President of MPRWA has asked that the rate payers not be charged for the cost of getting the slant wells up and going if the patents for the desal project did not work out. On question, she clarified that CalAm is testing slant wells because that technology was a requirement of the Coastal Commission. Councilmember Haffa said that he has given the City Manager articles regarding the Poseidon desal that is also having difficulties with the cost for slant well technology, as well as an article about a desal plant in Israel that uses direct intake and is much more affordable. Councilmember Downey noted that the permitting process is very expensive in California. Councilmember Barrett said that there is also a built in profit for Cal Am that raises the costs. Mayor Roberson opened public comments on the Water Update, had no requests to speak, and closed public comments. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for general public comments. Jerry Hall, President of Del Monte Beach Neighborhood Association voiced concerns regarding the deteriorating condition 3 City Council Minutes Tuesday, August 18, 2015 of Del Monte Beach. He said that cleaning efforts have been inadequate. He submitted a petition to ban fires on Del Monte Beach. Marian Dearing, Vice President of Del Monte Beach Neighborhood, said that one of the main concerns is the particulate matter that is put into the air by the fires. Elizabeth Roseneau, Tide Ave & Surf Way, voiced concerns regarding late night bonfires on Del Monte Beach, as well as the noise caused by the people coming to the beach and speeding cars. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Haffa said that he visited the RM and Russo & Steel Auctions and it was interesting to see the operation. Councilmember Downey voiced concerns that staff does not always have time to give their staff reports. She asked that Councilmembers be cognizant of the amount of time they talk during meetings. She said that Car Week was a success and brings revenue to the City. She thanked the Finance Director for the clarification of the $5/sq. foot rent. Ms. Downey reported on a recent school open house. She said that the taxi authority discussed UBER, but that is under the jurisdiction of the CPUC. She noted that people are taking somewhat of a risk when they go with UBER. She said that the binder at the dais is useful, needs to be updated with the new leasing policy document. She asked staff to address Del Monte Beach problems. Councilmember Barrett said that he has participated in some neighborhood association meetings, and a neighborhood watch program is being started in New Monterey. He said that he also attended some of the car auctions, and they were great events. He said he is hopeful that the City can work with the hospitality association to maximize the opportunity for people to do business in Monterey during these events. He said that many of Monterey's fire personnel have been fighting the California wild fires over the past months. He thanked those individuals. Councilmember Smith said that he also enjoyed the auctions. He said that he noticed that the Conference Center went from that full-on event to beginning construction. He reported on recent meetings with TAMC, AMBAG, and Monterey Bay National Marine Sanctuary. He asked that Debbie Hale be invited to a meeting to talk about the self-help sales tax. He said that tomorrows Sanctuary Advisory Committee is in Half Moon Bay, and he has distributed copies of the Management Plan Review. Mayor Roberson reported that he has had the pleasure of addressing three groups from Japan. He reported on an exchange program between MPUSD (Colton) and Nanao Japan. He said that a delegation from Nanao will visit Monterey in September to celebrate the 20th year of our Sister City relationship. CITY MANAGER REPORTS City Manager McCarthy reported that last week's "Car Week" was incredibly successful, and the traffic planning worked well. He said that the BBC is in town working with the Aquarium and filming "Big Blue Live" for a few days. He reported that two fire crews are still out fighting fires in Northern California. He said that the Police Department and MPUSD cooperated for a successful resolution to a recent incident at the High School. Mr. McCarthy reported that a whale was stuck and subsequently helped out of the Harbor, and the anchovy issue is being handled successfully. Mr. McCarthy reminded Council that Closed Session items will be heard tomorrow in the Orca Room at 4:00 p.m. and that there is a Study Session scheduled for next Wednesday. 4  City Council Minutes Tuesday, August 18, 2015 PUBLIC HEARING 17. 1st Reading to Add Monterey City Code Chapter 38, Section 126 to Create a Safe Parking Program that Provides Homeless Individuals and Families a Safe Place to Temporarily Park Overnight, Amend Section 38-11's Definition of "Temporary Use," and Add Section 38-20(M) to Include Safe Parking Programs as a Temporary Use; Adopt Negative Declaration; Applicant City of Monterey; All Zoning Districts (Plans & Public Works - 101-03) Action: Adopted Resolution No. 15-163 C.S. and passed amended Ordinance to print City Manager McCarthy introduced the item. Community Services Director Bui Burton gave an overview of the plan, and Principal Planner Cole presented the staff report and answered Councilmember's questions. Mayor Roberson opened public comment on the item. Sam Rashkin said that there are two million children who are homeless in America. He said that Nelson Vega has offered to pay the permit fee for this program, and Mr. Rashkin offered to help with the set up. Dr. Tia Sukin, Executive Director of One Starfish, thanked the Council and staff for their efforts. She reported that her organization operates four sites in the area. She said that intake interviews are conducted, and they don't accept everyone into the program, noting that they provide referrals for individuals whom they are not equipped to help. She said that a social worker engages guests in an intake process that includes signing their rules and regulations. She answered Councilmembers' questions about the program operations. Michael Edgar, One Starfish volunteer, spoke in support of the proposed ordinance. Julia Esther Castillo, participant in One Starfish, said that the program has helped her improve her situation. She said that if the program wasn't safe, she wouldn't do it. She spoke in favor of the ordinance. Philip Strutner, founding member of Pass the Word Ministry, said that his organization has been feeding the homeless for five years. He said that this program helps people who are serious about getting back on their feet. He said that if they feel that they need a background check, they would get one. He spoke in favor of the ordinance. Cathleen Baker, Gathering Place volunteer, said that One Starfish is a very important resource for her organization. She supported the ordinance. Reverend Cindy Storrs, United Methodist Church, spoke in support of the ordinance and thanked the Council. Roanne Walnick spoke in support of the proposed ordinance, saying that the program helps people. Kelli Keane, former One Starfish participant, spoke about the help the program gave her and supported the ordinance. Carol Erickson, Monterey resident and volunteer, spoke in support of the ordinance. Having no further requests to speak, Mayor Roberson closed public comment on the item. Councilmember Downey suggested that this program be limited to women only. City Attorney Davi said that could be problematic if fees are waived. Councilmember Smith said that he does not want to regulate the program at that level. Councilmember Haffa suggested that the City could fund the background check. Councilmember Barrett said that the ordinance empowers the community to come together around community needs and will allow staff to acquire data. It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to adopt Resolution No. 15-163 C.S., certifying the Negative Declaration, and pass the Ordinance to print adding Monterey City Code Chapter 38, Section 126 to create a Safe Parking Program that provides homeless individuals and families a safe place to temporarily park overnight, amend Section 38-11's Definition of "Temporary Use," and add Section 38-20(M) to include safe parking programs as a temporary use. 5  City Council Minutes Tuesday, August 18, 2015 On question Dr. Sukin voiced concerns about the cost and perception of guests who had to submit to a background check. Councilmember Smith explained the type of criminal background he envisions, and said that not every guest would require a check. City Manager McCarthy said that since this is a pilot program, it will give Council an opportunity to evaluate it. Councilmember Barrett said that he would like to approve the motion with the understanding that the background check would be a higher level, online background check. Councilmember Barrett amended his motion to add #11 to the ordinance, "On intake, the social service provider shall conduct an online criminal background check on applicants as part of the intake interview. Participant exclusion based on background check results shall be determined by the social service provider on a case-by-case basis." and the seconder agreed. 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 Council recessed at 9:11 p.m., and then reconvened at 9:20 p.m. Councilmember Downey was not present, having recused herself from hearing the next item. 18. Consider Adoption of Negative Declaration and Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18 Foot Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District (Plans & Public Works - 201- 12) Action: Tabled (3-1-1; Smith voting no, Downey not participating) Principal Planner Cole presented the staff report, and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Cynthia Spellacy, representing the applicant, said that the existing rules restrict the architectural style, 18 feet is not a requirement but a limit, and the ARC review would help make the designs more interesting. With no further requests to speak, Mayor Roberson closed public comment. On question, Ms. Cole discussed the ARC process regarding the relationship between the height of the accessory structure and the main house. Councilmembers discussed an amendment that would require the accessory building be no taller than the main house. Councilmember Haffa said that he would be more comfortable with a lessor height and limiting the lot size. He said that he still has too many questions regarding the ordinance to approve it at this time. Councilmember Smith said that he believes the design review process would take care of the concerns. On question, Ms. Cole said that the ARC can impose conditions more stringent than the ordinance. Mayor Roberson said he is not comfortable with the item at this time. He said that he would like to hear from the neighborhood. 6  City Council Minutes Tuesday, August 18, 2015 It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to deny the Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to allow 18 foot tall accessory structures. City Attorney Davi said that if the applicant has agreed to waive the permit streamlining application, Council could table the matter and consider it at a later date. Cynthia Spellacy said for the record that the applicant agrees to waive the permit streamlining application. Mayor Roberson withdrew his motion. It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to table the matter. Councilmember Smith voiced concerns that when this is brought back it will again be delayed Councilmember Smith offered a substitute motion to adopt the Resolution and pass the ordinance to print, and the substitute motion died for lack of a second. The original motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barrett, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Downey PUBLIC APPEARANCE 19. Approve Recommendations for Appointments to the Architectural Review Committee, Historic Preservation Commission, Library Board of Trustees, and Planning Commission (Information Resources - 701-06) Action: Approved Subcommittee recommendation for appointments (4-1; Downey voting no) Mayor Roberson opened the floor for public comment on the item. Jody Hansen, President and CEO of the Monterey Chamber of Commerce, spoke in support of the proposed Planning Commission slate. She asked to have a written appointment process put in place. Johnathan Weinreiner, Monterey resident, voiced concerns that there are no clear term limits established. He asked for clarification regarding the recommendation not to renew some members. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Downey voiced concerns regarding the process and changes to the adopted policy. She said that term limits should be addressed by the Council. She said that replacing three of seven Planning Commissioners would gut the Commission of experience. She reviewed some of the Planning Commission’s work program, saying that three new people would slow progress and cost additional dollars. Ms. Downey said that she cannot support the Subcommittee's recommendation for the Planning Commission because of the process. She asked to vote on the Planning Commission appointments by each individual. Councilmember Haffa said that he believes the policy was followed, and that the Subcommittee tried to balance the requirements of the Maddy Act and open up the appointments, bring new 7 City Council Minutes Tuesday, August 18, 2015 people in, and rotate people between commissions. Councilmember Downey disagreed. Mr. Haffa said that one intension was to bring more women into the commissions. He said that he and the Mayor looked at the appointments holistically. On question, he explained that the letter sent to the incumbents was to encourage the individuals to apply to other boards. He said that he does not support term limits because there is a possibility that there won't be qualified applicants at a time when someone is term limited out. Mr. Haffa suggested that a subcommittee be appointed to review the process and draft guidelines. Councilmember Barrett said that there seems to be consensus to review the policy, and he agreed. He said that he reserves the right to make the decision on the nominees. Councilmember Smith said that the 2006 policy is a good place to start in reviewing the policy. He said that he is disturbed by some leaks that took place during the process, in particular an article that stated one of four Planning Commissioners was being retained. Mr. Haffa apologized for that, but said that the intent was to correct some misinformation that was being circulated. Mayor Roberson explained that new provisions came to light during the process. Councilmember Barrett said that it would be best to discuss this matter at an upcoming retreat, but that does not change the nominees that are before the Council tonight. Councilmember Downey moved to carve out the PC and vote on each individual, and Councilmember Smith seconded the motion. Councilmember Haffa said he would not support that motion. Councilmember Barrett said he does not question the diligence of the Subcommittee he would not support the motion. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Smith NOES: 3 COUNCILMEMBERS: Barrett, Haffa, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Haffa, and seconded by Councilmember Roberson, to approve the Subcommittee Recommendations for Appointments to the Architectural Review Committee, Historic Preservation Commission, Library Board of Trustees, and Planning Commission. Councilmember Smith said that since the previous motion failed, he has confidence in the subcommittee's due diligence. Councilmember Barrett said that there is no political motive in his vote; rather it is a vote of confidence. Councilmember Downey said that she could not support the motion. 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 8 City Council Minutes Tuesday, August 18, 2015 ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 11:06 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 9