Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 3, 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, Community Services Director, Fire Chief, Police Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Housing and Property Manager, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Student Achievement in MPUSD Schools - Presentation by Dr. PK Diffenbaugh, Superintendent (Information Resources - 706-07) Action: Received report Dr. P.K. Diffenbaugh gave the presentation and answered questions regarding the progress being made at the schools. 2. Presentation by Visiting Dubrovnik, Croatia Sister City Delegation (Community Services - 706- 10) Action: Received report Mr. Miho Katicic, Head of the Department of Education, Sports, Social Welfare and Civil Society for the City of Dubrovnik gave the presentation and answered Councilmembers' questions. CONSENT ITEMS Mayor Roberson removed Items 5, 7, and 10 from the Consent Agenda at the request of Councilmembers and a member of the public. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5, 7, and 10: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, November 3, 2015 Approval of Minutes 3. October 20, 2015 (Information Resources - 701-09) Action: Approved (4-0-1; Barrett absent) Award of Contracts 4. Award Construction Contract for Various ADA Curb Ramps and Storm Drain Upgrade Projects ***NIP*** ***Measure P*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-201 C.S. (4-0-1; Barrett absent) Ordinances 5. 1st Reading – Amend Monterey City Code Section 22-29 “Regulation of Smoking in Public Places” to Include Electronic Smoking Devices in the Definition of Smoking and to Prohibit Smoking on Wharf II (Plans & Public Works - 701-11) Action: Removed from Consent; discussed; continued to December 1, 2015 (4-0-1; Barrett absent) On question from Councilmember Smith, Chief of Planning and Engineering Rerig gave some background regarding the genesis of the regulations on Wharf 2. He said that the tenants have been notified, but there has not been additional outreach. Councilmembers discussed signage and enforcement. Mayor Roberson opened public comment on the item. Mike McCullem said that he is thrilled beyond belief that the Council is considering this ordinance. Rico Chapa spoke in support of the ordinance. He said that he owns a vape shop on Alvarado because he wants to help people stop smoking cigarettes, and he supports not allowing smoking tobacco or e-cigarettes on Alvarado Street, but hopes that he can continue to allow people to test vaping in his shop. Robert Robe spoke in support of the Ordinance. Dr. Ed Moreno, Monterey County Health Officer, spoke in support of the Ordinance. He said that there are ongoing studies regarding e- cigarettes. Esther Malkin said that it is curious that there is no answer to the enforcement question for this issue, but it is going forward while the garage sale issue was tabled because of similar questions. She said that this focuses on businesses and tourists rather than residents. Having no further requests to speak, Mayor Roberson closed public comments. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to pass an Ordinance to print amending Monterey City Code Section 22-29 “Regulation of Smoking in Public Places” to include electronic smoking devices in the definition of smoking and to prohibit smoking on Wharf II. Councilmember Downey said that there are locals on Wharf I which this Ordinance will benefit. Councilmember Smith said that while he believes smoking is bad, he is concerned about government overreach and the ability to enforce. Councilmember Haffa said that he supports the public and environmental health intent of the Ordinance, but he would like to amend it to allow vaping inside smoke shops and vape shops. Councilmember Downey said that she would accept the amendment, even though she does not agree with the philosophy. 2  City Council Minutes Tuesday, November 3, 2015 Councilmember Downey amended her motion, and it was seconded by Councilmember Haffa, to continue the matter to December 1, 2015 for additional information and alternative language regarding allowing e-cigarettes and vaping in vape shops. AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. 2nd Reading -- Consider 138 Seafoam Avenue; HP Application 15-227 for a Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Carol Harpster; R-1-6-D1 Zoning District; Exempt from CEQA Requirements Consider 1008 West Franklin Street; HP Application 15-243 for a Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Teresa Hanna; R-1-6 Zoning District; Exempt from CEQA Requirements Consider 492 Clay Street; HP Application 15-332 for a Mills Act Contract and H-2 Historic Zoning; Applicants/Owners Michael and Melanie Cervi; R-3-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Ordinance No. 3527, Ordinance No. 3528, and Ordinance No. 3529 (4-0- 1; Barrett absent) Resolutions 7. Approving Environmental Determination for Sollecito Ball Park improvements (Plans & Public Works - 204-06) Action: Removed from Consent; discussed; adopted Resolution No. 15-202 C.S. (3-1-1; Downey voting no, Barrett absent) City Manager McCarthy gave a brief presentation. Mayor Roberson opened public comment on the item. Dr. Moreno, Monterey County Public Health Officer, said that while he has not read the item, he would be happy to advise staff on the issue. Nina Beety voiced concerns regarding safety of using artificial turf, as well as the eventual disposal of it. Mayor Roberson closed public comment on the item. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to table the item pending additional information regarding artificial turf and if there are health risks. City Manager McCarthy said that approving this item does award a contract to complete the project, and additional information could be brought back to talk about materials. Councilmember Haffa withdrew is second, saying that he would like additional information presented at the next meeting. Councilmember Downey said that safety is more important, and passing this item is like saying the environmental issues don't matter. On question, City Attorney Davi said that this action would not limit Council's ability to not move forward. Chief of Planning Rerig said that CEQA does not consider materials. Assistant City Manager Uslar explained that an addendum to the bid specifications was issued 3  City Council Minutes Tuesday, November 3, 2015 today asking for alternative materials. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-202, approving the environmental determination for Sollecito Ball Park improvements, with additional information regarding the materials to be used brought back with the award: AYES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Approve the Final Map for 201 Cannery Row (Plans & Public Works - 803-01) Action: Adopted Resolution No. 15-203 C.S. (4-0-1; Barrett absent) 9. Authorize the Mayor to Sign a Deed, a Certificate Consenting to Recordation of the Deed, and Two Certificates of Compliance for Lot Line Adjustment Purposes Between Two City Owned Parcels: the Monterey Conference Center and Portola Plaza (Plans & Public Works - 704-02) Action: Adopted Resolution No. 15-204 C.S. (4-0-1; Barrett absent) 10. Authorize City Manager to Enter into an Exclusive Negotiating Rights Agreement with Silverie Properties LLC for Disposition and Development of 18 Affordable Rental Housing Units in the City Owned Portion of the Monterey Hotel Mixed-Use Project at 406-410 Alvarado Street (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; adopted Resolution No. 15-205 C.S. (3-0-1-1; Barrett absent, Downey abstaining) Housing and Property Manager Marvin presented the staff report and answered questions. Mayor Roberson opened public comment on the item. Nelson Vega voiced concerns regarding the transparency of the staff report and putting public funds at risk. He urged the City to build the project and lease it out to an experienced non-profit organization. He said that at a minimum there should be a performance bond. Dan Silverie said that the remediation of the water damage is not getting worse at this time. He said that he is a building contractor as well as a developer. He reviewed his company's experience managing affordable housing projects. He said that additional avenues need to be opened for affordable housing. On question, he said that he is available to start on the project immediately after the environmental report comes back. Nina Beety said the issues raised by Mr. Vega are worth considering. She voiced concerns regarding installation of Wi-Fi throughout the building, and she asked that it not be installed in this building. Having no further requests to speak, Mayor Roberson returned the discussion to the dais. On question, Mr. Marvin said that the performance bond would be part of the DDA negotiations. It was moved by Councilmember Haffa, and seconded by Councilmember Smith, to adopt Resolution No. 15-205 C.S. authorizing the City Manager to enter into an Exclusive Negotiating Rights Agreement with Silverie Properties LLC for disposition and development of 18 affordable rental housing units in the City owned portion of the Monterey Hotel mixed-use project at 406- 410 Alvarado Street. 4  City Council Minutes Tuesday, November 3, 2015 On question, staff outlined the assistance they have received from outside consultants. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Barrett ABSTAIN: 1 COUNCILMEMBERS: Downey RECUSED: 0 COUNCILMEMBERS: None 11. Amend and Restate Resolution 15-122 Authorizing the Mayor to Sign Right-of-Way Certifications, Project Certifications, and Grant Deeds transferring property to the State of California for the Hwy 1 / Hwy 68 Roundabout project. (Plans & Public Works - 803-01) Action: Adopted Resolution No. 15-206 C.S. (4-0-1; Barrett absent) ***End of Consent Agenda*** WATER UPDATE Councilmember Downey thanked Mr. Rerig and Ms. Davi for meeting with her to go over the agreement to get the recycled water project started. She reported that the growers have now approved it. She said that MRWPCA has spent a lot of money to demonstrate how the water is recycled, and she encouraged people to take a tour and sample the water. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Scott Hanson, Vice President of Del Monte Grove-Laguna Grande Neighborhood Association, asked the Council to continue to support increased Police patrols and investigations. He said that the groundwork has already been done for a garage sale ordinance and neighboring cities have ordinances in effect. Alex Steffan said that he has been trying to meet with someone from the City Attorney's office, but has been unable to get an appointment. He said he wants to know why UBER drivers do not need a business license in Monterey. Nina Beety said that the Nuclear Regulatory Commission met regarding radiation exposure rates, and she voiced concerns that "low level" exposure has been redefined to much higher levels. She voiced concerns regarding the Fukushima accident and its effects locally and the recent rain. Robert Robe voiced concerns regarding the homeless issue. He said that society has created a hostile work environment for public employees who have to deal with illegal activities of the homeless. Esther Malkin said that it is short-sighted not to pursue the garage sale ordinance. She said that she does not understand why Council does not move forward when staff has already spent so much time on the issue. She voiced concerns regarding the recent crime situation. Having no further requests to speak, Mayor Roberson closed public comments. On question, City Manager McCarthy said that Chief Hober will make a presentation regarding crime at the next City Council meeting. 5 City Council Minutes Tuesday, November 3, 2015 COUNCIL COMMENTS In the interest of time, there were no Council comments. CITY MANAGER REPORTS City Manager McCarthy gave a brief status report on the award of the Conference Center bid, saying that the November 12 Special Meeting has been cancelled due to a bid protest. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session item, had not requests to speak, and closed the floor. Council adjourned to closed session at 6:36 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with real property negotiators Pick, Rerig, Marvin, and Aldrete, regarding property at 1187 Del Monte Avenue, regarding price and terms of payment for lease; negotiating parties Mohr Imported Cars, Inc., the City Council gave confidential direction to their negotiators on a roll call vote of 4- 0-1, with Barrett absent. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 6:55 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 6