Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 19, 2016 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, Police Chief, Human Resources Director, Community Services Director, Fire Chief, Acting Library Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Principal Planner, Human Resources Analyst, Executive Director MPRWA CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Howard Fosler, New Monterey Neighborhood Association, voiced concerns regarding the New Monterey Lighthouse Plan specific to building height, use permit requirements for buildings over two stories, and other omissions. On question, staff said that the Plan is currently in the public review stage and that Deputy City Manager Pick would respond to the neighborhood's concerns. Elouise Shimm spoke as a friend and advocate for Tom. She said that Tom has been thrown out of I-Help and she does not think it's fair. She asked the City Council for their assistance in helping Tom. Having no further requests to speak, Mayor Roberson closed public comments. He explained that the City has no jurisdiction over I-Help, but is willing to make a phone call. CONSENT ITEMS Councilmember Barrett asked to remove Item 6 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 Item 6, which was 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 Approval of Minutes 1. December 17, 2015 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, January 19, 2016 Award of Contracts 2. Award Construction Contract for Citywide Street Reconstruction Project – Winter 2016 Funded by Measure P Street Repair Program, Gas Tax, and Neighborhood Improvement Program Funds (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 16-001 C.S. 3. Award General Municipal Building Improvements On-Call Contract 2016 for City Projects ***CIP/NIP*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-002 C.S. 4. Award General Municipal Building Improvements On-Call Contract 2016 for Presidio Municipal Services Agency Projects ***PMSA*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061; Excluded from NEPA per Title 32 CFR 651 Appendix B Categorical Exclusion (e) (1) ) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-003 C.S. Ordinances 5. 1st Reading – Amend Monterey City Code Chapter 12, Section 2(d) and add Chapter 1, Section 8.3 regarding the Requirement for the Finance Director and City Clerk, Respectively, to File Either a Bond or Insurance in Favor of the City (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 701-11) Action: Passed Ordinance to print 6. 2nd Reading -- Amend Chapter 28 of the Monterey City Code to Authorize the Use of Cooperative Purchasing for Supplies, Services, Materials, and Equipment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 405-01) Action: Removed from Consent; discussed; adopted Ordinance 3534 Councilmember Barrett asked for clarification regarding the definition of "purchasing agent," and Finance Director Forbis explained that the Municipal Code identifies the City Manager as the City's purchasing agent, and he has delegated that role to the Finance Department. Mr. Forbis said that the purchasing agent enforces the rules, but has no authority to change them. It was moved by Councilmember Barrett, and seconded by Councilmember Downey, to adopt Ordinance No. 3534, amending Chapter 28 of the Monterey City Code to authorize the use of cooperative purchasing for supplies, services, materials, and equipment: Mayor Roberson asked if any member of the public wished to speak on the item, no one came forward, and he closed public comment. 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 2  City Council Minutes Tuesday, January 19, 2016 Resolutions 7. Appropriate Funds for a Replacement Fleet Vehicle, Funded by the 2015-16 Monterey Bay Unified Air Pollution Control District AB 2766 Grant for Electric Vehicle Replacement Incentive Program (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409-02) Action: Adopted Resolution No. 16-004 C.S. 8. Authorize the City Manager to Enter into an Agreement with the Monterey Peninsula Regional Park District (MPRPD) and Appropriate Funds for the Dennis the Menace Park North Side Path ADA Upgrades Project (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409-05) Action: Adopted Resolution No. 16-005 C.S. 9. Authorize the City Manager to enter into an agreement with Cypress Fire Protection District, Pebble Beach Community Services District and Carmel Highlands Fire District for Automatic Aid Response to Emergency Incidents (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 601-04) Action: Adopted Resolution No. 16-006 C.S. Other 10. Provide Guidance Concerning 2016 Neighborhood Improvement Plan Objectives (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) - Recommended for Continuance (Plans & Public Works - 808-01) Action: Approved continuance The Mayor adjourned the meeting to the Ocean View Community Services District Meeting. ***End of Consent Agenda*** The City Council adjourned to a meeting of the Ocean View Community Services District Board. 11. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 706-09) Action: Received report Chair Roberson said that no action is requested on this item. He opened public comment on the item, had no requests to speak, and closed public comment. The Chair noted the receipt of the report. The Ocean View Community Services District Board adjourned to the City Council meeting. PUBLIC APPEARANCE 12. Receive a Report and Provide Direction to Decline a Request to Authorize Early Termination of the Ocean Harbor House Affordable Housing Agreement Deed Restriction (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Received report and public comment; directed staff to bring back findings supporting authorization of the request 3 City Council Minutes Tuesday, January 19, 2016 Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. Melody Logan, Ocean Harbor House resident, said that she would like to continue to live in her unit. She said that a required fireplace replacement would cost $15,000-$20,000. She said that with a deed restriction, people have been unable to refinance their homes at a lower rate. Janice Soneberg, 20-year resident at Ocean View Harbor House, said that she and her husband would like to remain there, but the deed restriction causes them to be unable to get a reverse mortgage, David Soneberg spoke in support of eliminating the deed restrictions. He said that it would increase the owners' security and enable them to acquire a reverse mortgage. He said they don't want to sell or leave the property, but are looking for security. He proposed that the residents could pay a fee for the release. Having no further requests to speak, Mayor Roberson closed public comment on the item. On question Chief of Planning Rerig explained that the issue comes down to a policy discussion. He noted that the deed restrictions expire in six years. Housing and Property Manager Marvin explained that this decision would not affect the numbers of low and very low income housing in Monterey. On question, he said that the City reviews all requests for refinancing of the deed restricted units that include a City loan. On question, Mr. Marvin said that there are a little over 100 affordable units in the City of Monterey that could conceivably make a request to lift the deed restriction. He said that Ocean Harbor House is unique because of the association dues and other costs. It was moved by Councilmember Roberson, and seconded by Councilmember Smith, to authorize a request for Early Termination of the Ocean Harbor House Affordable Housing Agreement Deed Restriction, to be brought back at the next meeting with specific findings as discussed to night at the next meeting. Councilmember Haffa said that he will probably support this motion; however he has concerns that it removes units from the affordable housing program. He said that he believes Council should direct the staff to make more low and very-low units available. Councilmember Smith agreed, saying that he does not want to make this a habit of taking houses off of the affordable inventory. Mayor Roberson said he would be amenable to direct staff to come back with findings so Council could vote on the authorization at the next meeting. Councilmember Barrett said he does not want to set precedent. Councilmember Haffa offered a substitute motion to direct staff to bring the item back with specific findings to support how this item is unique from other cases, such as the waning affordability of the units, and Councilmember Smith seconded the substitute motion. The substitute 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 City Council Minutes Tuesday, January 19, 2016 Mayor Roberson opened public comment on the closed session item, no one came forward, and he closed public comments. Mayor Roberson called a recess at 5:23 p.m. and reconvened the meeting at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson reported that the Council heard one closed session item this afternoon. He said that in a conference with labor negotiators regarding all employee organizations, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments on items not on the agenda. Sam Rashkin announced that a fundraiser for One Starfish is tentatively planned for March. He thanked the Council for their support, as well as Abalonetti restaurant and Monterey Bay Whale Watch. Mr. Turner voiced concerns regarding CalAm's rate increase request, particularly the rationale for increasing residential rates while decreasing commercial rates. He asked Council to tell CalAm to reverse the rates by decreasing residential and increasing commercial rates. Lauri Hambaro, New Monterey Neighborhood Association, read a letter into the record asking the City to take a more comprehensive approach to traffic circulation issues before adopting localized changes. Rebecca Lee encouraged the use of pervious surfaces in Monterey, noting the environmental and economic advantages. Mr. Hamrick told his kids to stop watching TV and go to bed. He agreed with Mr. Turner regarding the water crisis. He commended Kyle Susic for putting together the Ultimate Frisbee League. Lorna Moffett asked Council to support Congressman Sam Farr’s efforts to stop rounding up wild horses by the BLM and sending them off for slaughter. She submitted a letter from Sam Farr on the topic. She asked what the next step is to implement a no fly zone for drones. Nina Beety said that Operation Desert Storm was a hoax and began Gulf War Illness. She said ROTC students and soldiers are victims of propaganda and the U.S. government was responsible for Martin Luther King's death. With no further requests to speak, Mayor Roberson closed public comment. WATER UPDATE Monterey Peninsula Regional Water Authority Executive Director Cullem presented the update and answered Councilmembers' questions. Councilmember Haffa suggested that the Water Authority direct their legal counsel to look at CalAm's requested rate increase and whether it is legal in terms of the time frame and past services. Mr. Cullem said that while they could choose to review that matter, the Water Authority's mission is strictly focused on getting a new water supply. Mr. Haffa asked if the year-long delay due to the CPUC's mistake in choosing a consultant with a conflict of interest is being considered with regard to the CDO. Councilmember Downey said that the Authority is for obtaining a water supply, not for CalAm. She said that the water replenishment project was always part of a three-pronged approach, but now CalAm is saying the cost of a larger plant is more economically feasible than the three- pronged approach. Mr. Cullem said that the Technical Advisory Committee will address the issue. 5  City Council Minutes Tuesday, January 19, 2016 Councilmember Barrett agreed with Councilmembers Downey and Haffa, and said the rate increase does fall within the authority of the MPRWA. Councilmember Smith said that the conversation about the larger or smaller desal is dependent on the success of the three pronged model. He said in the end it is not up to us, rather the interveners. He said he favors a larger sized plant so the City can exercise its authority under the General Plan. Councilmember Downey disagreed, saying that it is very easy to add modules to a smaller plant. She said that it is important to keep the support of the environmental community. Councilmember Smith said that as long as there is authority to expand as needed that is not restricted, he would be OK with the smaller desal plant. Mayor Roberson agreed with Councilmember Downey, saying that it will only harm Cal-Am to remove one of the legs of their three-legged stool. Mayor Roberson opened the floor for public comments. Lorna Moffett said that there is so much waste water that the idea of a composting toilet should be brought into the discussion. With no further requests to, Mayor Roberson closed public comment. COUNCIL COMMENTS Councilmember Smith wished everyone a Happy New Year. Councilmember Barrett said that he was raised with the tenet that Love is capable of meeting every human need and “All things work together for good.” He said that is the perspective he will bring to the discussion today. Councilmember Downey offered kudos to everyone who helped with First Night Monterey and the Golden State Theater as well. She said that Ginny McLain, former HPC Commissioner passed away and she asked to adjourn the meeting in her name. Councilmember Haffa said that he enjoyed serving as a Kiwanis Club volunteer for First Night Monterey. He reported that he attended the annual United Nations of the Monterey Bay movie series at the Golden State Theater. He said that he was proud to have marched in yesterday’s Martin Luther King Day parade. Mr. Haffa said that he would like to ask the City Attorney to look into what CalAm is doing regarding the repayment and how can the Council challenge them. CITY MANAGER REPORTS City Manager McCarthy said that Lake El Estero is low because the City pumps the water out during rainy season. He said that the Monterey Conference Center renovation is going well with work currently being done on internal renovations. He reported on the Pavilion that was erected in the Custom House Plaza, saying that the first event has been hosted there. Mayor Roberson called a recess at 8:05 p.m., then reconvened the meeting at 8:20 p.m. PUBLIC HEARING 13. Consider 1 Soledad Drive Appeal 15-486 of Use Permit 15-371 for a Safe Parking Program to Allow Homeless Individuals to Park Overnight; Appellant: City of Monterey; Property Owners: Monterey Methodist Church; Applicant: One Starfish; R-1-6 Zoning District (Exempt from CEQA Article 19, Section 15304, Class 4 (e)) (Plans & Public Works - 203-02) Action: Adopted Resolution No. 16-007 C.S. upholding the Planning Commission decision and denying the appeal (3-2; Barrett, Haffa voting no); directed staff to work with the community to identify an alternative location (5-0) 6 City Council Minutes Tuesday, January 19, 2016 City Manager McCarthy introduced the item, and Principal Planner Cole presented the staff report. On question, Police Chief Hober reviewed the crime statistics for the area, saying that there has been no noticeable increase in criminal activity compared to other areas of the City. Mayor Roberson opened the Public Hearing for the use permit at this location. Jeffry Johnson, Monterey resident, said that the homeless encampments already significantly impact the neighborhood negatively and said that this is not an appropriate location for the program. Mayor Roberson asked the applicant to speak at this time. Tia Sukin, on behalf of the Monterey United Methodist Church, said that she understands the concerns of the neighbors. She reviewed reasons why this location was chosen, issues of safety and security for the program, as well as the community benefits of the program. Mr. Mullinger spoke in opposition to the use permit, saying that the City should first hire more police officers. Michelle Welch, American Civil Liberties Union, asked Council not to make homelessness a crime. She spoke in favor of the use permit. Nancy said the Starfish program has been wonderful to her, saying that she has been living in a car but will get a room February 1st. She reviewed the requirements to participate in the Starfish program and asked Council to approve the use permit. Lorna Moffett spoke in favor of granting the use permit. Tricia Liebert said that she has been on the street for 15 years, and she spoke in support of the use permit. Jeff Stiles, Monterey resident, read a letter from his wife into the record supporting the One Starfish program and the use permit. Jim Nelson, One Starfish, encouraged Council to give a three month trial for the program and support the use permit. Kris Stejskal, Mar Vista Drive, said that the program cannot discriminate and must be open to males and females. She voiced concerns regarding the program and opposed the use permit. Tim Stejskal said that they live in a neighborhood that is saturated by homeless, and this is not the right site for the program. He opposed the use permit. Ina Guessman, Soledad Drive, opposed the use permit and encouraged the applicant to look at other sites. Eric Johnson, Pacific Street, opposed the use permit, saying that this is not the right location for the program. Nina Beety said that homeless people are a diverse population. She suggested creating parking programs in other locations, such as Veterans Park, behind City Hall and the Library. Pat Venza, Soledad Drive, opposed the use permit, saying that this is not the right location. Jean Rash spoke in opposition to using this location for the program. Jeannie Colletto, Monte Vista resident, spoke in opposition to the use permit. Ida Barber, Pacific Grove resident, said that having the One Starfish program at that location might alleviate the problems with the other homeless individuals. Michael Fectner said that there is a shortage of affordable houses in the area, and he supported the use permit. Charlie Denley, neighborhood resident, said that he formerly supported the location for the program, but has changed his mind and opposes the use permit. Mayor Roberson called a recess at 9:55 p.m., then reconvened the meeting at 10:00 p.m. and reopened the Public Hearing. Mr. Putman suggested that the parking lot near the Police Station would be a better location. He opposed the use permit at this location. Mike Dawson, Planning Commissioner, said that he voted against this location. He supported the One Starfish program, but opposed the use permit for this location. Thor Rasmussen, Monterey resident, said that the One Starfish program is a good one, but this is not the right location. He opposed the use permit. Mr. Hamrick spoke in 7 City Council Minutes Tuesday, January 19, 2016 opposition to the use permit. Sam Rashkin presented some homeless statistics regarding women. He spoke in support of the use permit. Pat Austrum, Soledad Place, supported the One Starfish program and spoke in support of the use permit. Linda Fredrickson, Soledad resident, said that she supports One Starfish, but said that this might not be the right location. A neighborhood resident who did not identify herself said that this is a public domain issue, and programs like this belong in a more public arena such as the Fairgrounds, Fort Ord, or a public parking lot. She opposed the use permit. Patty Cal said that the One Starfish program is fantastic, but she believes there is a better place such as the Police Department. Marlene Perfecto-Huckleberry said that there is a problem in that neighborhood that should be addressed by the Police, and a well-run shelter will solve the problem. With no further requests to speak, Mayor Roberson closed the Public Hearing. Councilmember Downey said that she came here thinking she would support this issue, but having heard the testimony tonight, she has changed her mind. Councilmember Smith said that he lives about 900 feet from the site. He said that based on the empirical evidence presented tonight he does not believe this is a good location for the program. Councilmember Haffa said that he believes that this is a good location and noted that there are numerous businesses in the area and it is located on two of the City's busiest streets. He said that this church is willing to support this program. He said that the problems that were mentioned tonight are not caused by the people who would participate in this program. He said that this program has a high success rate. He asked to try it for three months. Councilmember Barrett said that this has been a four-year process getting to this point. He said that there are a lot of safe guards built into the ordinance, including a temporary trial period. He supported approving the program for a trial period. City Manager McCarthy clarified that the alternative trial period is 15 months. It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to grant the 1 Soledad Drive Appeal 15-486 of Use Permit 15-371 for a Safe Parking Program to allow homeless individuals to park overnight for a three-month trial period. Mayor Roberson said that he believes that the neighbors know their neighborhood, and this is a heavily impacted area. He agrees with the neighbors. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Barrett, Haffa NOES: 3 COUNCILMEMBERS: Downey, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey moved, and Councilmember Haffa seconded, to direct staff to explore the possibility of a use permit at a different location Councilmember Barrett noted that the ordinance is temporary, so there is a very short window to process a new application. Councilmember Downey suggested that the matter could be treated as an urgency matter. City Attorney Davi clarified another location, including city properties, would have to go through the use permitting process. Mr. Barrett suggested that a 8 City Council Minutes Tuesday, January 19, 2016 short-term trial would give Council data. Councilmember Smith said that he trusts what the neighborhood has said, and he can't put them at risk in order to obtain data. On question, staff explained the noticing requirements and the due process exercised by the Planning Commission. Mayor Roberson offered a substitute motion to uphold the Planning Commission decision and adopt Resolution No. 16-007 C.S. denying the 1 Soledad Drive appeal 15-486 of Use Permit 15-371 for a Safe Parking Program to allow homeless individuals to park overnight, and the motion was seconded by Councilmember Smith. Councilmember Smith asked to amend the motion to add a finding to the Resolution as follows: “The City Council finds that the denial of the application would not substantially burden the Applicant's exercise of religion. The denial, rather, prevents a change in religious practice. Here, the evidence supports that Applicant proposes a substantial change in its operations. Applicant has not established that its religious beliefs require it to operate a safe parking program at this location in particular. The denial of the Application does not forbid Applicant from caring for the poor or terminate its ministry. The permit denial merely limits the services (i.e., safe parking program) that Applicant can provide to its congregants and the public at the property. The denial of the application does not forbid Applicant from operating the safe parking program at other, more appropriate locations elsewhere in the City. Monterey City Code section 20-85 has prohibited sleeping in cars on any street or public property, or any private parking lot, since June 2000. The City Council has considered alternatives to denial including conditions to mitigate concerns expressed by the public and the Planning Commission. The City Council finds that conditions would not adequately mitigate the public’s safety concerns nor preserve the residential character of the neighborhood.” The Mayor accepted the amendment, and the substitute motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council directed staff to reach out to the community to identify an alternative location for a safe parking program: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9  City Council Minutes Tuesday, January 19, 2016 PUBLIC APPEARANCE 14. An Urgency Ordinance of the City of Monterey to Amend Sections of the Zoning Code to Address the Shelter Crisis by Permitting Temporary Emergency Shelter to Homeless Persons in Religious Assembly Facilities and Setting Forth the Facts Constituting Such Urgency (Exempt from CEQA Article 18, Section 15269 (c)) (City Attorney - 701-11) Action: No action taken; motion to approve failed 3-2 (Smith, Roberson voting no) due to a requirement for a four-fifths vote to pass an urgency ordinance City Manager McCarthy introduced the item and Community Services Director Bui-Burton presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Kris Stejskal voiced concerns regarding allowing this program in religious organizations because they are in neighborhoods. Jimmy Richard, Program Coordinator for Outreach Unlimited, said that the I-Help program has functioned successfully in neighborhood churches over the last 20 years with an average of 23 people per night. He explained some of the restrictions and the operation of their program. Ms. Colletta showed photographs of encampments and trash near their home. Mr. Hamrick reported that his children were asleep by 9:00 p.m. He asked if this is an urgency or emergency and said that he does not see a need for additional occupancy, so he does not believe there is a need for an ordinance. Mike Dawson said that he is not comfortable having a bus bringing 25 people to his neighborhood church every night. Anthony Mundrez said he does not believe Monterey has no warming shelter. He suggested dealing with the problem regionally. Tia Sukin said that churches need to be allowed to do what they do best. She supported the ordinance. Tim Steiskal urged Council to think through the ordinance before increasing the number allowed. Michael Fectner said that this is the least compassionate city he has ever been in. Christine Ornellis suggested that public buildings be used for this program rather than churches in residential areas. She opposed the ordinance. Jimmy Richard clarified that the onsite staff minimizes impact to the neighborhood. James Redler supported the ordinance. With no further requests to speak Mayor Roberson closed public comment It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to approve an Urgency Ordinance of the City of Monterey to amend sections of the Zoning Code to address the shelter crisis by permitting temporary emergency shelter to homeless persons in religious assembly facilities, and setting forth the facts constituting such urgency, and she added the One Starfish program to the ordinance.: City Attorney Davi said that current City Code prohibits people from sleeping in cars, and the One Starfish Program is a specific program, so including that is not legally feasible. Councilmember Downey withdrew her motion. It was moved by Councilmember Downey, and seconded by Councilmember Barrett, to approve an Urgency Ordinance of the City of Monterey to amend sections of the Zoning Code to address the shelter crisis by permitting temporary emergency shelter to homeless persons in religious assembly facilities and setting forth the facts constituting such urgency. 10 City Council Minutes Tuesday, January 19, 2016 Councilmember Barrett said that he supports the ordinance even though it is not perfect. Councilmember Haffa said that this ordinance presents an alternative for people who are sleeping outside. He said that Shelter Outreach has a good history. He asked to look for a public domain for next winter. City Manager McCarthy said that there is an alternative to look at City buildings, and Mr. Haffa said that he would like to look at this for next year. Councilmember Barrett asked to know if there are any City Buildings. Councilmember Smith clarified that this ordinance would apply to any organization. He said that there are no controls and it opens the door to problems in the neighborhood so he cannot support the motion. Mayor Roberson asked to add under bullet #8 that I-Help would operate the program and the motion maker approved the amendment but the seconder did not agree. Councilmember Haffa offered a substitute motion, which was seconded by Councilmember Downey to pass an Urgency Ordinance of the City of Monterey to amend sections of the Zoning Code to address the shelter crisis by permitting temporary emergency shelter to homeless persons in religious assembly facilities and setting forth the facts constituting such urgency, specifying Outreach Unlimited/I-Help as the operator, and changing the end date of the program to March 31. Councilmember Smith said that the number of people is too large. Mayor Roberson said that he is not prepared to vote on the issue tonight. The motion failed by the following vote due the requirement for a four-fifths vote to pass an urgency ordinance: AYES: 3 COUNCILMEMBERS: Barrett, Downey, Haffa NOES: 2 COUNCILMEMBERS: Smith, Roberson 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 12:42 a.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 11