Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 16, 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 Attorney, Director of Information Resources/City Clerk, Assistant City Present: Manager, Community Services Director, Fire Chief, Acting Library Director, Housing & Property Manager, Principal Planners, Principal Engineer, Building Official, Traffic Engineer, Communications and Outreach Manager, Police Chief, Human Resources Director CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m., noting that several staff members were not at the meeting due to illness. He congratulated Chief of Planning, Engineering and Environmental Compliance Chip Rerig on his new position as City Administrator for Carmel. The Mayor announced that the applicant for Item 11 has withdrawn her application, and there will be a future community wide meeting to identify areas for mobile food vending. PRESENTATIONS 1. Recognition of John Kuehl's Award by the Monterey Bay Chapter of International Code Council as "Building Official of the Year" and Lisa Feliciano's Award by the Monterey Bay Chapter of International Code Council as "Industry Person of the Year" (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (City Manager - 101-01) Action: Recognized John Kuehl and Lisa Feliciano Assistant City Manager Uslar introduced the item and Principal Planner Cole presented additional detail. Mayor Roberson presented the awards. 2. Receive a Report and Presentation on a Potential Request for Assignment of the 20 Ryan Ranch Road CTB McGraw-Hill Ground Lease (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 Assistant City Manager Uslar gave a brief history of the building. Property and Housing Manager Marvin introduced McGraw Hill representatives Tom Rooney, VP Global Real Estate Services and Roger Fields, Principal at Peninsula Land and Capital. Each gentleman gave a presentation regarding the potential to develop the building in to a multi tenant facility. 3. Transportation Agency of Monterey County (TAMC) Additional Information Regarding the Proposal for Sales Tax Measure and Draft Transportation Investment Plan (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 403-01) Action: Received and discussed report City Council Minutes Tuesday, February 16, 2016 Councilmember and TAMC Representative Smith said that he wanted to revisit this issue because new details are available, and he would like to hear the other Councilmembers' comments about the matter. TAMC Executive Director Hale reviewed the amount of money that is being proposed for local versus regional projects: 60%-40%. She said that the best practice is to divide the money with 50% based on population and 50% on lane miles, but a suggestion has been made to divide the formula into thirds, with one-third based on the amount of tax dollars raised in a particular area. Councilmember Smith noted that local control of funds has been emphasized, and Ms. Hale reviewed the draft list of regional safety and mobility projects. Mayor Roberson opened public comments on the item. Tom Rowley gave a brief history of past ballot measures that failed to obtain a super-majority. He said that safety is the first priority for voters, with congestion and gridlock as the second, and potholes and maintenance third. He said that the Lighthouse-Del Monte project might not appeal on a regional level. He asked that the list be scrubbed to reflect those priorities. With no further requests to speak, Mayor Roberson returned the discussion to the dais. Councilmember Downey said that Highway 156 is a high priority, and Council discussed the proposed $30 million safety improvements for that road. Councilmember Haffa voiced concerns that the Highway 1 allocation does not seem to be enough, especially when compared to $25 million for Imjin Parkway. Ms. Hale explained that there would be Federal matching funds for the Highway 1 project. Mr. Haffa said that the 33% split might make more sense because tourism essentially doubles Monterey's population during peak times. Councilmember Barrett supported Councilmember Haffa's comments and agreed that safety is absolutely the first priority. He said he was happy to see the Del Monte Lighthouse corridor in the plan because it is truly a regional roadway. He said that it is linked to the Holman Highway 68 project, which has been reduced to zero and asked if some funds could be shifted back to that project to maintain equilibrium. Ms. Hale said that it might be best addressed with the local share. Dr. Haffa suggested that the local-regional split might be better at 55%-45%. Mayor Roberson said that Highway 1 improvements would have a great impact on most citizens on the Peninsula. He encouraged TAMC to look closely at that project. Ms. Hale suggested that the busway would help with the congestion. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Tom Rowley said that he spoke with Hunter Harvath at MST about using the Bus Rapid Transit alternative. He said that buses are far more efficient and cost effective than rail. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that he had requests to pull Items 8 and 9. City Attorney Davi corrected the Resolution number on Item 10. Councilmember Smith asked for a correction to the February 2 minutes; CERT team members, not member. 2  City Council Minutes Tuesday, February 16, 2016 On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 8 and 9, with minor corrections to Item 5, changing CERT team member to members, and Item 10: 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. January 27, 2016 (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Information Resources - 701-09) Action: Approved 5. February 2, 2016 (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Information Resources - 701-09) Action: Approved Award of Contracts 6. Award Construction Contract for Via Del Rey/Hermann Right Turn Elimination Project ***NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-013 C.S. Ordinances 7. 1st Reading – to Repeal Monterey City Code Section 6-7 to Allow Beekeeping (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Plans & Public Works - 701-11) Action: Passed Ordinance to print 8. 1st Reading – Add Monterey City Code Section 22-10 to Regulate Garage Sales (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Plans & Public Works - 701-11) Action: Removed from Consent; discussed; amended and passed Ordinance to print Councilmember Smith asked to change the allowed hours to start at 7:00 a.m., and to allow four sales per year. Mayor Roberson said he would be satisfied allowing four per year. Mayor Roberson opened public comments, had no requests to speak, and closed public comments. Councilmember Barrett voiced concerns regarding over-regulation. He supported four sales per year, and he concurred with striking the time limits. It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to amend the Ordinance to allow four sales per year, strike the hours of operation, and add Monterey City Code Section 22-10 as amended to Regulate Garage Sales. Councilmember Haffa seconded the motion requesting an amendment to designate the hours from 7 a.m. until 7 p.m., and Mr. Smith accepted the amendment to the motion. 3  City Council Minutes Tuesday, February 16, 2016 Councilmember Barrett questioned the regulations regarding Estate Sales. Code Enforcement Officer Wright said that the goal was only to define and exempt estate sales. Councilmember Smith modified the motion to define estate sales as taking place up to 24 months after a death, and the seconder agreed. Mayor Roberson agreed with Dr. Haffa that this Ordinance is minimal and gives a tool to use when there is a bad situation. 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 Resolutions 9. Delegate Authority to the City Engineer, or His or Her Designee, the Authority to Approve Plans and Designs for all Public Works Projects (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 701-13) Action: Removed from Consent; discussed; amended and adopted Resolution No. 16- 014 C.S. City Attorney Davi gave a brief staff report, noting that many projects do not reach the financial threshold that requires Council approval, and that this simply delegates authority to approve plans and designs for those projects. City Attorney Davi suggested rewording the Resolution delegate the authority to the City Engineer or his designee for projects not required to receive Council approval, consistent with the City's Purchasing Ordinance. On a motion by Councilmember Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council amended the Resolution by adding "for those projects that are not required by the City’s Purchasing Ordinance to receive Council approval", and adopted Resolution No. 16-014 C.S., delegating authority to the City Engineer, or his or her designee, the authority to approve plans and designs for all Public Works projects: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Amend Master Fee Schedule, Resolution 14-132 Fees, to Adopt Fee Increase for Tobacco Retail License (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-06) Action: Adopted Amended Resolution No. 16-015 C.S. ***End of Consent Agenda*** 4  City Council Minutes Tuesday, February 16, 2016 PUBLIC APPEARANCE 11. Consider Long Term Vendor Permit Application for El Volcan's Mobile Food Vending Vehicle (Application P-15-308 and Encroachment Permit EN 15-101) on 400 Block of Cannery Row from 10 AM - 8 PM Daily (Exempt per CEQA Guidelines Article 18, Section 15270 (a)) (Plans & Public Works - 202-02) Action: Application withdrawn Mayor Roberson called a recess at 5:26 p.m. and reconvened the meeting at 7:01 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on items not on the agenda, no one came forward, and he closed public comments. WATER UPDATE Councilmember Haffa reported that FORA moved forward with the Pure Water plan, combining two aspects of that plan that will use one set of pipes rather than two, thus saving a lot of money. He expressed his optimism for the project. Councilmember Downey noted that the Ground Water Replenishment project is moving ahead and helping the scenario because CalAm is supporting it. She said that there is still an issue regarding CalAm's charges. Councilmember Haffa stated that the Pollution Control Agency said that the price point is around $1400 per acre foot, and Marina Coast said their estimate is about $1500, which illustrates the value of the Pure Water project. Councilmember Downey reminded everyone that the PCA has a pilot program where one can view the entire treatment process from start to finish. She urged people to let the City Clerk know if they are interested in taking a tour, and she will set it up. Councilmember Barrett clarified that some contaminants in the water require additional treatment, and we need to be watchful that the treatment process is complete. Ms. Downey said that is what it's all about, and she offered to take the Councilmember to view the pilot project. She noted the various regulations that are in place. Councilmember Barrett said that it is important to retain vigilance on the water project. Councilmember Barrett noted that there was a discussion at the February 2 meeting, and at least three Councilmembers thought it was within the purview of MPRWA to address the water rate increases. He noted that the Council received a letter from Monte Vista neighborhood asking that Council address the rate hike. Councilmember Downey agreed that the matter should be agendized, but said that it is not in the purview of MPRWA. Mr. Barrett disagreed. Mayor Roberson opened public comment on the item. Tom Rowley said that at the last TAC meeting a discussion was held regarding the relative costs between the smaller and larger desal. He urged Council to view that presentation. He noted that the GWR project will not be completed until Summer of 2018. He said that the larger desal is $4,000 per acre foot versus $6,000 for the smaller plant. He supported building the GWR as a backup for a larger desal. He noted that the Water Management District won a Supreme Court case and they will begin adding a surcharge of 8.25%. With no further requests to speak, Mayor Roberson closed public comments. 5 City Council Minutes Tuesday, February 16, 2016 Councilmember Downey said that GWR will show some results before the desal plant and is one leg of a three-pronged stool. She said that some of CalAm's figures are being challenged for accuracy. COUNCIL COMMENTS Councilmember Smith reported on last week's AMBAG meeting, saying that Steve McShane from Salinas is a new member on the Sanctuary Advisory Committee. Mr. Smith said that he volunteered at Spyglass last week for the AT&T. He said that he appreciates the community members enduring the traffic impact. He reported on the TAMC ad hoc tax subcommittee meeting and sand that the full TAMC Board will take up the tax issue next week. He reported that he and Councilmember Downey toured the Conference Center, and the demolition process is progressing. He reported that today they celebrated 10,000 hours of no injuries. Councilmember Barrett said that he is pleased that there was sunny weather for the AT&T golf tournament. He stated that the Pollution Control Agency is studying pharmaceuticals disposal and said that the Safe Pharmaceutical Disposal program is very important. He noted that there has been a change in ownership of Ordway Drugs, and the new owners have a different disposal program. He asked to see how the City can participate in the Safe Pharmaceutical Disposal program and distribute information about it. Mr. Barrett said that he has a bus stop near his home, and made a decision to be more environmentally sensitive and ride the bus, but the wait is too long. He said that wide adoption of using mass transit depends on convenience. Councilmember Downey asked for information regarding the bus stop so she can take it back to MST. Mr. Barrett asked her to take his observation as support for extending the trolley. Ms. Downey reported that someone on Josselyn Canyon Road let her know that they have an issue with the large trucks parking along the road during car week. She asked that color copies of maps be included in the agenda packet. Ms. Downey reported that she met with the Croatian sister city representatives three times this week. She said that Mr. Rerig has been a wonderful person to work with and she has appreciated his efforts. She said she has a very dear friend who watched every City Council meeting, Patty McAfee, and she passed away this week. Ms. Downey asked to adjourn the meeting in her name. Councilmember Haffa said that this Friday from 7-9 p.m. the Library will be hosting their Wine and Chocolate event. He urged people to buy tickets and support the event. Mayor Roberson said that Chip Rerig, Chief of Planning, Engineering, and Environmental Compliance is now the new City Manager of Carmel, and he wished him the best. He said this foretells increased cooperation between the two cities. CITY MANAGER REPORTS Assistant City Manager Uslar said that Chip Rerig has worked in Monterey for over 15 years, and we are very proud of his career and accomplishments here. He noted that there was a great article in the Herald regarding the Downtown Plan that illustrated the value of planners like Chip and his team. He wished Mr. Rerig the best. Mr. Uslar reported that Monterey had a great week last week with the AT&T and the Mavericks Surfing contest, noting the business these events brought to town. 6  City Council Minutes Tuesday, February 16, 2016 PUBLIC HEARING 12. Consider Planning Commission Recommendation to Adopt a Mitigated Negative Declaration; Rezone the Waterfront Master Plan Planning Area to Planned Community – Waterfront; Repeal the Wharf Master Plan and Resolution 9000; and Adopt the Waterfront Master Plan (Plans & Public Works - 201-12) Action: Adopted Resolution No. 16-016 C.S. approving the Mitigated Negative Declaration; passed Ordinance to print; and adopted Resolution No. 16-017 C.S. repealing the Wharf Master Plan and Resolution 9000 and adopting the Waterfront Master Plan with amendments. Mayor Roberson Introduced the item, and Principal Planner Caraker summarized the issues that have been brought forward, including Del Monte-Washington intersection, Tyler Bridge, the train, parking, leasing strategies, compactor, new commercial uses on Wharf 2, and financing and implementation. Traffic Engineer Deal presented details regarding the circulation issues. He suggested that in order to address some of the concerns stated at the previous meeting Council could delete the train project or amend the plan to state that there is no requirement to allow a train. Ms. Caraker presented details regarding the goal to ensure that adequate parking is available and properly located and programmed. She reviewed the goal to address leasing strategies. Ms. Caraker reviewed the issue regarding new commercial uses on Wharf 2 outside of the fishing industry. Councilmembers discussed the pros and cons of additional development of Wharf 2. Ms. Caraker reviewed potential uses for the current compactor site. Councilmember Haffa suggested considering relocating the Kayak business to the compactor site. Ms. Downey noted that the owners of the Kayak business have said that the current site is best for launching the kayaks. On further discussion, Dr. Haffa suggested designating it as an opportunity site. Councilmember Smith suggested that the space should be used for expanded restrooms with adjacent open space for views and entertainment areas. Mr. Barrett supported the "opportunity site" designation. Ms. Caraker reviewed possible locations for a restroom at Monterey Bay Park. She suggested that the Parks and Recreation Master Plan could address the location and programming of park and recreation facilities at the Waterfront. Councilmember Haffa said that he wants to be sure that this issue is given its due. Principal Planner Caraker reviewed the financing and implementation, noting that it is a long term plan without a timeline. Council discussed the potential use of tidelands and other funds for this area. Councilmember Barrett said that the issue of sea level rise has not been addressed, and he has heard that it could rise as much as five feet. Mayor Roberson noted that the LCP addresses this issue. Principal Planner Cole reviewed the details that the Land Use Plan contains and noted that it has a horizon of 2100. Councilmember Smith said that the beach nourishment piece of the plan is very important and addresses the issue. Mayor Roberson called a recess at 8:33 p.m., then reconvened the meeting at 8:49 p.m. and opened the Public Hearing. 7 City Council Minutes Tuesday, February 16, 2016 Mike Dawson suggested that the Tyler Street Bridge should be only for pedestrians. He said that the parking is for visitors, so he supported having at least as much parking as we have currently, with way-finding signs when the lot is full. He suggested that the Kayak and Beach House could be relocated on the Wharf with restrooms. Pam Silkwood, representing 245 Washington Street, said that this plan devalues the property, and she asked Council to remove the property from the plan. Sandy Freeman, on behalf of the ARC, concurred with the proposed Waterfront Master Plan. Ashley Schweickart, Mid Pen Housing, reviewed the project for affordable housing on Van Buren Street, along with a potential funding source by AHSC. She said that the intersection improvements in the Waterfront Master Plan have the potential to secure $3 million in funding specifically for those improvements, in addition to $2.5 million funding for the housing project. Mary Alice Cerrito Fettis, Present of the Fisherman’s Wharf Association, emphasized that it is in Council's hands to look to the future and provide adequate parking. She voiced concerns regarding the compactor and the restroom facilities and asked Council to carefully consider those issues. Tom Rowley said that there should be no reduction in parking. He said that implementation is often determined by the cost. He suggested putting a one-way, one lane connection between Scott and the parking lot. He said that the train needs to be looked at both short and long range. He asked Council to add a policy discouraging any train tracks through the Monterey Bay Park. Dan Albert disagreed with the previous speaker regarding the extension of Scott Street, saying that it would cut through the plaza. He said there should be an early emphasis that the Window on the Bay is no place to put train tracks. Having no further requests to speak, Mayor Roberson closed the public hearing. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to adopt Resolution No. 16-016, approving the Mitigated Negative Declaration; pass an Ordinance to print rezoning the Waterfront Master Plan Planning Area to Planned Community – Waterfront; and adopt Resolution No. 16-017 C.S. repealing the Wharf Master Plan and Resolution 9000; and adopting the Waterfront Master Plan, including amendments to state that only the Trolley would be allowed on Scott Street, there will be no train tracks through Window-on-the-Bay park, and the compactor location shall be designated as an opportunity site. Mayor Roberson said he would prefer to make a general statement that there would be adequate parking. Councilmember Smith said that he is still unclear about how much parking would be lost. The motion maker and seconder clarified that the motion includes adoption of the Mitigated Negative Declaration and CEQA finding. Council discussed the parking and Tyler Street bridge issues. On question, Mr. Deal said staff would not build a bridge with a traffic circle until we know we have adequate parking supply. He suggested that the parking and circulation should be evaluated together. Councilmember Barrett said the issue is the effect on the businesses. On request of Councilmember Smith, the motion maker and seconder amended the motion to remove approval of the parking plan and Tyler Street bridge vehicular traffic and until such time as staff brings back a concept design for reconfiguration of the Marina lot for future consideration under Project A.3.c. 8 City Council Minutes Tuesday, February 16, 2016 After further discussion, the motion maker and seconder agreed to amend the motion remove the rezoning of 245 Washington (Urgent Care) from the Ordinance and designate it as an opportunity site in the Master Plan. Mayor Roberson asked to designate the outer sea wall as an opportunity and add “Explore” to Program D.3.g regarding the construction of the new outer wall in the harbor, and the motion maker and seconder agreed to amend the motion as suggested. Mayor Roberson voiced concerns regarding Project E.3.d, lifeguard stations, and suggested adding "consider constructing lifeguard stations" to that project. The motion maker and seconder agreed. Councilmember Smith asked to amend Section F: Financial Benefits and suggested an amendment to change “maximize revenue” to “achieve fair market value” under F.1 and change F.1.c to read: “As leases become available, negotiate with performing lease holders first, otherwise create an open, public bidding or listing process.” The motion-maker and seconder agreed to the amendment. After further discussion, Councilmembers Downey and Haffa agreed to amend the motion to include language to direct fire pits on the beach away from residential areas under Program E.3.f. On request by Councilmember Smith, the motion maker and seconder agreed to amend the motion to incorporate a correction in Chapter 2 to the length of Wharf 2 and to enhance the description of the recreation trail and the fishing industry. On a request by Councilmember Smith, the motion was amended to bring back a discussion of the Scott Street Extension and new open space area north of the Scott Street Extension at the same time as parking is discussed, and the seconder agreed. On a request by Councilmember Smith, the motion maker and seconder agreed to delete Program E.3.a. regarding police presence and leave operations up to the Police Department regarding Program E.3. 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 ADJOURNMENT The City Council adjourned in memory of Patty McAfee to closed session at 10:42 p.m. 9 City Council Minutes Tuesday, February 16, 2016 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: name of case: Potter vs. City of Monterey. She reported that the roll call vote was unanimous. Ms. Gawf said that in another conference with legal counsel regarding existing litigation: name of case: Claypole v. City of Monterey, et al, there was a unanimous roll call vote giving direction to legal counsel. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10