Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 1, 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, Library Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Principal Planner, Harbormaster, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Presented Proclamations Mayor Roberson presented Proclamations to Sergeant Joshua McGraw, Senior Airman Elizabeth Guillot, Sergeant Paul Tamashiro, and Private First Class Conner Brew. Each recipient made brief remarks and thanked the City Council. 2. Jacob's Heart Children's Cancer Support Services and Declaration of September Childhood Cancer Awareness Month (City Manager - 701-17) Action: Presented Proclamation Mayor Roberson presented the Proclamation to representatives of Jacob's Heart. 3. Presentation by Transportation Agency for Monterey County Regarding Possible Support for Special Transportation Legislation Action: Received report City Manager McCarthy introduced Todd Muck, Deputy Executive Director for TAMC, who gave the presentation and answered Councilmembers' questions. He requested that the City submit a letter of support for special legislation (SB 705). Councilmember Smith explained the significance of becoming a "self-help" county. He indicated his support for that legislation. CONSENT ITEMS Mayor Roberson said that Council has been asked to table Item 16, and the matter will come back at a later date. Councilmember Downey asked to remove Item 13 from the Consent Agenda for discussion.  City Council Minutes Tuesday, September 1, 2015 On request of Councilmember Barrett, Principal Planner Cole presented background on the Local Coastal Program in conjunction with Item 9. Mayor Roberson opened public comments on Consent items. Frank Donangelo, representing the Cannery Row Company, spoke in support of completing the Local Coastal Plan referenced in Item 9. Michael Groves, President of EMT Planning Group, introduced himself and said that he would support the City 100% with regard to the Local Coastal Program. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, tabling Item 16, and except Item 13 which was removed for separate 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 Approval of Minutes 4. August 18, 2015 (Information Resources - 701-09) Action: Approved Ordinances 5. 1st Reading To Amend Monterey City Code Chapter 17, Sections 1 and 5 and Delete Section 7 Regarding Restrictions on, and Wharfage Rates for, the Delivery and Sale Seafood At Monterey Harbor (Community Services - 904-07) Action: Passed Ordinance to print 6. 1st Reading – Amend Monterey City Code Section 33-7 to Update the Definition of “Subdivision” and Section 33-101 to Clarify When Lots may be Merged (City Attorney - 701-11) Action: Passed Ordinance to print 7. 2nd Reading - Amend Monterey City Code section 22-25.5 Regarding Trespass to Private Property and Business Premises (City Attorney - 701-11) Action: Adopted Ordinance No. 3521 8. 2nd 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 Ordinance No. 3522 Resolutions 9. Authorize a Professional Services Agreement with EMC Planning Group, Inc. for Preparation of the Local Coastal Program (Plans & Public Works - 201-12) Action: Adopted Resolution No. 15-164 C.S. 10. Award Contract for Animal Sheltering Services (Police - 704-05) Action: Adopted Resolution No. 15-165 C.S. 2  City Council Minutes Tuesday, September 1, 2015 11. Amend Resolution 15-120 Changing the Position Control List by Deleting One Park Maintenance Worker and Adding Two Laborer Positions, and Establishing a New Job Specification and Salary for Laborer Position (Plans & Public Works - 502-03) Action: Adopted Resolution No. 15-166 C.S. 12. Authorize Agreement with the Monterey County Convention and Visitors Bureau (MCCVB) for Destination Marketing Services and Operation of the Visitor Information Center (VIC) (Community Services - 307-03) Action: Adopted Resolution No. 15-167 C.S. 13. Authorize Pilot Weekend Trolley Shuttle Program from September 12, 2015 – May 22, 2016, Amend Memorandum of Agreement with MST, and Appropriate Parking Funds (Community Services - 101-03) Action: Removed from Consent; discussed; adopted Resolution No. 15-168 C.S. Community Services Director Bui Burton gave the staff presentation. Mayor Roberson opened public comments on the item. Carl Sedoryk, General Manager of Monterey Salinas Transit, gave additional details and answered Councilmembers' questions. Barbara Meister, Public Affairs Director of the Monterey Bay Aquarium, clarified the Aquarium's contributions to the trolley and suggested a broader discussion regarding further expansion of the trolley service, especially in light of the upcoming Holman Highway construction. Having no further requests to speak, Mayor Roberson closed public comment. Councilmember Downey suggested that a wider group of stakeholders be convened, as suggested by Ms. Meister. Ms. Bui Burton said that staff agreed that a wider discussion is warranted, but a delay would cause a gap in service. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution 15-168 C.S. authorizing a pilot weekend Trolley shuttle program from September 12, 2015 – May 22, 2016, amending the Memorandum of Agreement with MST, and appropriating parking funds; and directed staff to meet with stakeholders regarding sharing funding: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Reject All Bids for the Rubberized Playground Tiles Project at Building 7693 ***PMSA*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-169 C.S. 15. Award On-Call Mechanical Engineering Services Professional Service Agreements to Advance Design Consultants, Inc. and Axiom Engineers ***CIP/NIP/PMSA*** (Plans & Public Works - 801-04) Action: Adopted Resolution No. 15-170 C.S. and Resolution No. 15-171 C.S. 16. Adopt Amendment to the Memorandum of Understanding with the General Employees of Monterey and Authorize an Appropriation of Funds (Human Resources - 507-02) Action: Tabled 3  City Council Minutes Tuesday, September 1, 2015 17. Adopt the Memorandum of Understanding with the Monterey Executive Management Employees’ Association and Authorize an Appropriation of Funds (Human Resources - 507-01) Action: Adopted Resolution No. 15-172 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Nina Beety, Monterey resident, urged everyone to not just be aware of cancer, rather to take action. She voiced concerns regarding wireless radiation causing cancer. Alec Steffan gave a presentation regarding concerns with UBER and asked Council to get involved and place an item on their agenda. Having no further requests to speak, Mayor Roberson closed public comment and recessed the meeting at 5:27 p.m. Council reconvened at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. WATER UPDATE There was no water update, and no one came forward to make public comments regarding the item. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment. John Hill, MPUSD Trustee, reported that Councilmembers Downey and Smith joined him at last week's open houses. He reported on upgrades to the school lunch room, paid for by profits from the lunch program. Nelson Vega said that total compensation should be included in reports regarding salary increases. Luis Osorio, former Planning Commissioner, said that he was out of town when the recent commission appointments were made. He reviewed some accomplishments of the former Planning Commission. He said that new concepts were included in some plans, and some of those were not fully understood by the neighbors. He said that the Council should have been straight and said that they did not like what the Commission did. He said that his actions were independent and based on planning concepts. He said that he is appreciative. Pat Finch, Seaside Rotary Club, thanked the businesses who donated items for the silent auction, from which the proceeds will be used for area charities. Sam Rashkin said that the past two weeks have been very productive, including the passage of the safe parking program, with donations from Nelson Vega, local businesses, and Seaside Rotary. He thanked the Council for helping the homeless. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Mayor Roberson welcomed the Monterey High School students from Mr. Peterson's class. Councilmember Smith reported on the official swearing in of new Police Chief Hober and a community event at the Robert Louis Stevenson House. He said that Monterey Bay Sanctuary is preparing a Draft EIR for the PG water supply project and will hold a public meeting. He said 4  City Council Minutes Tuesday, September 1, 2015 that a public meeting for the Sanctuary Management Plan is scheduled for Thursday September 10 at the Conference Center. Councilmember Barrett tipped his hat to the Big Blue Live event, saying that it has livened up the community and noting the high activity levels of the whales. He urged people to do what they can to help maintain the area. He acknowledged Mr. Osorio's comments and expressed his gratitude for his and other commissioners' work. Councilmember Downey asked to agendize a discussion of the pilings on the Wharf and the possibility of the City taking over the maintenance of those pilings. She said that a resident paid $464 for solar panels on his roof, and she believes that is too expensive for a permit. She asked what is going to happen in the fenced area near Trader Joe's. She asked where the Conference Center Mural will be placed and the Community Development Director presented the details. Ms. Downey welcomed the new Police Chief. She reviewed the service given by the former Planning Commissioners who were not reappointed. Councilmember Haffa reported on the Convention and Visitor’s Bureau’s recent annual meeting. He said that he attended the Turkish Festival and gave a brief report. Mayor Roberson said that members of the Daughters of the American Revolution visit his office, and he drafted a Proclamation honoring Constitution Week. He said that the City plans to honor that week in Monterey later this week. CITY MANAGER REPORTS City Manager McCarthy reported that Monterey continues to have three firefighters throughout the state fighting wild fires. He reported that the Conference Center project is moving forward and the bid document is on the street. He said that the tunnel will be closed overnight on Thursday starting at about 11:00 p.m. for maintenance. PUBLIC APPEARANCE 18. Receive a Report and Provide Direction to Select Silverie Properties, LLC as Developer to Commence Negotiations to Enter into an Exclusive Negotiating Rights Agreement for Completion of the Monterey Hotel Affordable Apartment Project (Plans & Public Works - 206- 03) Action: Amended and adopted Resolution No. 15-173 C.S. Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Roberson opened the floor to Mr. Silverie. Dan Silverie said that his is a local family business. He reviewed his company's experience in construction and development. He expressed appreciation for the opportunity and said that the units will be a great improvement. Mayor Roberson opened the floor for general public comment. Nelson Vega said that it would be unfair to put students into low income housing. He said that maintenance is an issue in housing units and he believes the developer will come back to the City for additional assistance. He suggested that the City finish the project, or at least put a performance bond on the project. With no further requests to speak, Mayor Roberson closed public comment. Mr. Marvin said that the development disposition agreement will establish a maintenance reserve. He explained that if the City completed the project it would have to be through a call- for-bid process with an extensive set of documents, which would have been costly. He said that 5  City Council Minutes Tuesday, September 1, 2015 the management of the construction process would also be costly. He said that a performance bond would certainly be discussed. It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Resolution No. 15-173 C.S. selecting Silverie Properties, LLC as developer to commence negotiations to enter into an Exclusive Negotiating Rights Agreement for completion of the Monterey Hotel Affordable Apartment project, and amending the Resolution to require a performance bond for the project. Councilmember Haffa said that in retrospect a different process should have been used, but given the current situation this is the best solution and will provide needed affordable housing. Councilmember Barrett agreed. Councilmember Smith said that there has been a long struggle on this project, but it is impossible to go back. Councilmember Downey said that she originally wanted this to be market rate housing, but since that option is no longer on the table she will support the motion. 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 Mayor Roberson called a recess at 8:23 p.m., then reconvened the meeting at 8:37 p.m. PUBLIC HEARING 19. Consider Planning Commission Recommendation to Amend the Downtown Specific Plan to: 1) Amend Conditional Uses, Permitted Uses and Definitions; and 2) Add Design Guidelines for the National Historic Landmark District, Awnings, and Lighting; Planned Community - Downtown Zoning District; Commercial General Plan Designation; Downtown Specific Plan Mitigated Negative Declaration Addendum Filed (Plans & Public Works - 201-12) Action: Adopted Resolution No. 15-174 C.S. Mayor Roberson introduced the item. Senior Planner Hopper presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Christopher Barlow, HPC Chair, reviewed the reasons the HPC recommends these amendments. Sandy Freeman, Chair of the ARC, said that this document will assure that the Downtown improves. She reviewed the elements of the amendments: usage, historic preservation, and lighting. With no further requests to speak, Mayor Roberson closed public comments on the item. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 15-174 C.S., approving the Planning Commission recommendation to amend the Downtown Specific Plan to: 1) amend conditional uses, permitted uses and definitions; and 2) add design guidelines for the National Historic Landmark District, awnings, and lighting; with the following statement of intent: That the lighting component in the National Historic Landmark District is a long-range planning tool, that the adoption of the lighting guidelines does not require immediate implementation by the City on the City’s fixtures. Application of these design considerations by the City will occur at the time fixtures become obsolete or when renovation and construction are contemplated. Implementation by the City on the City’s fixtures will require future City Councils’ consideration, budgeting, and approval: 6  City Council Minutes Tuesday, September 1, 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 PUBLIC APPEARANCE 20. Approve Wharf Master Plan Permit 15-222 to Allow a New Sixty-Five Foot (65’) Long and Twenty-Seven Foot (27’) Wide Boat for Wharf I Concession #18 at 84 Fisherman’s Wharf (Plans & Public Works - 206-03) Action: Adopted Resolution No. 15-175 C.S. Housing and Property Manager Marvin presented 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 Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-175 C.S., approving a Wharf Master Plan Permit 15-222 to allow a new sixty-five foot (65’) long and twenty-seven foot (27’) wide boat for Wharf I Concession #18 at 84 Fisherman’s Wharf : 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 Mayor Roberson opened public comments on the closed session item, had no requests to speak, and closed public comments. Council adjourned to closed session at 9:24 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators regarding the unrepresented employee, City Attorney, the Council gave confidential direction to their negotiator on a unanimous roll call vote. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 7