Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 15, 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, Roberson Absent: Councilmember Smith City Staff City Manager, Assistant City Attorney, Director of Information Resources/ Present: City Clerk, Assistant City Manager, Deputy City Manager Plans and Public Works, Community Services Director, Police Chief, Human Resources Director, Fire Chief, Assistant Finance Director, Housing & Property Manager, Principal Planners, Police Sergeant, Human Resources Analyst 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 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamations The Mayor read Proclamations recognizing Lance Corporal Tyler Hicks, Private First Class Margaret Smith, Technical Sergeant Benjamin Walton, and Sergeant Gabriel Valencia. Each made brief comments, with Staff Sergeant Kimbrea Brooks representing PFC Smith. 2. Recognition of March as American Red Cross Month (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamation Mayor Roberson read a Proclamation and presented it to American Red Cross representatives. 3. Introduction of German Interns to Council (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Introduced Interns City Manager McCarthy introduced the item, followed up by brief comments by Assistant City Manager Uslar. Administrative Analyst Larson introduced the German Interns: Saskia Ubertz, Nina Marcrot, Sarah Heinzelman, and Lena Haberman. Each made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments on matters not on the agenda. Kevin P. Sanders, co-founder of the Cannabis Collective and Candidate in the City of Marina, said that he is running on a platform to make medical marijuana more accessible, and he would like make Fort Ord a research center. He voiced his disappointment that medical marijuana has been banned in Monterey by one vote. Having no further requests to speak, Mayor Roberson closed public comment.  City Council Minutes Tuesday, March 15, 2016 CONSENT ITEMS Councilmember Barrett asked for clarification on Item 6, and City Engineer Wittry explained that there is a cap on the amount for field alternations. Property and Housing Manager Marvin gave a brief presentation on Item 12, the CDBG award for three rehabilitation projects. Councilmember Downey noted that the City of Monterey has given a total of $339,000 to Community Service Organizations since 2010, in addition to this amount. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 4. March 1, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved (4-0-1; Smith absent) Award of Contracts 5. Award a Construction Contract for the Replace Failing Boilers at Buildings 627, 833, 277 Project ***PMSA*** (Categorically Excluded from NEPA 32 CFR Pt. 651, App. B, Sec. II(g)(1); Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-030 C.S.(4-0-1; Smith absent) 6. Award Construction Contract for 2016 Citywide Sidewalk Repair – Phase 1 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure P*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 16-031 C.S. (4-0-1; Smith absent) Resolutions 7. Authorize the City Manager to Enter into an Agreement with the Monterey Bay Unified Air Pollution Control District and Authorize an Appropriation of Funds to the Capital Projects Fund, North Fremont/Del Monte Avenue Corridor Adaptive Traffic Control Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409-05) Action: Adopted Resolution No. 16-032 C.S. (4-0-1; Smith absent) 8. Approve Supplemental Appropriation and Transfer of Funding and Authorize Contract Change Order No. 1 for Via Del Rey/Herrmann Drive Right Turn Elimination Project ***NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-033 C.S. (4-0-1; Smith absent) 2  City Council Minutes Tuesday, March 15, 2016 9. Approve Rescope of Fire Station One Exhaust Extractor Project ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-03) Action: Adopted Resolution No. 16-034C.S. (4-0-1; Smith absent) 10. Approve Supplemental Appropriation and Transfer of Funding for the Library Kitchen Addition and Exterior Lighting Projects (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-035C.S. (4-0-1; Smith absent) 11. Approve Comment Letter to the Monterey Peninsula Airport District in reference to the Airport Master Plan Environmental Impact Report Notice of Preparation (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-01) Action: Adopted Resolution No. 16-036C.S. (4-0-1; Smith absent) 12. Award $712,000 in Community Development Block Grant Funds to Three Rehabilitation Projects That Will Provide Transitional Housing or Services to Extremely Low-Income Individuals and Families; Including 1) $450,000.00 to The Veterans Transition Center of Monterey County; 2) $200,000.00 to Interim, Inc.; and 3) $62,500.00 to Community Human Services. (CEQA: Exempt per Article 19, Section 15303, Class 3; Categorically Excluded from NEPA per Section 58.35(a) and Conversion to Exempt) (Plans & Public Works - 207-03) Action: Adopted Resolution No. 16-037C.S. (4-0-1; Smith absent) 13. Adopt Resolution Amending Agreement for Legal Services (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 704-05) Action: Adopted Resolution No. 16-038C.S. (4-0-1; Smith absent) 14. Award On-Call Hazardous Materials Assessment, Testing, and Monitoring Services Professional Service Agreements (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 16-039 C.S. (4-0-1; Smith absent) and Resolution No. 16- 040 (4-0-1; Smith absent) Other 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property 566 Private Bolio Road; Negotiators: Dino Pick, Kimberly Cole and Rick Marvin; Negotiating Parties: KinderCare Education; Under Negotiation: Terms and Conditions for Negotiating a New Sublease Lease Agreement for the Children’s Creative Learning Center (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators (4-0-1; Smith absent) ***End of Consent Agenda*** Mayor Roberson adjourned the meeting to the Ocean View Community Services District. 16. 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 3  City Council Minutes Tuesday, March 15, 2016 The District Board adjourned back to the City Council meeting. PUBLIC APPEARANCE 17. Authorize a Contract Change Order for the Monterey Conference Center Renovation Project to Include the Jeffer’s Plaza Renovation (Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-041 C.S. (4-0-1; Smith absent) City Manager McCarthy introduced the Item and Principal Engineer Harary presented the staff report. Community Services Director Bui-Burton and Mr. Harary answered Councilmembers' questions. Mayor Roberson opened public comment on the item, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-041 C.S., authorizing a Contract Change Order for the Monterey Conference Center Renovation Project to Include the Jeffer’s Plaza Renovation: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None OTHER BUSINESS 18. Consider Extending the Deadline to Receive Applications for the Historic Preservation Commission (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 701-04) Action: No action taken; motion to extend the deadline failed (2-2-1; Haffa and Roberson voting no, Smith absent) Councilmember Downey asked to extend the deadline for accepting applications to serve on the HPC. She said that she has heard of one application that was received one day after the deadline, and another person has expressed interest in applying. Councilmember Barrett thanked everyone who applied for the positions and said that he enjoyed the interview process. He said that his preference would have been to come to a decision based on the current pool of applicants. Mayor Roberson opened public comment on the item. There were no requests to speak, and the Mayor closed public comments. Mayor Roberson said that his goal would be to see everyone who submits an application gets appointed. He said that he is ready to go forward with the three qualified applicants, and there will be future opportunities for others. Councilmember Haffa agreed with the Mayor and said that the policy was followed. Councilmember Downey noted that there were changes from the policy. Dr. Haffa said that since there are already three qualified applicants, reopening the process would be problematic. Ms. Downey disagreed. 4  City Council Minutes Tuesday, March 15, 2016 It was moved by Councilmember Downey, and seconded by Councilmember Barrett, to extend the deadline for accepting applications to the HPC. Mr. Barrett said that he appreciates the idea of being flexible, but he is challenged to apply that concept because we have three qualified candidates. Ms. Downey said that she would like to have more time and flexibility to look at the additional applicants. Mayor Roberson said that since there are three qualified candidates, he would be very uncomfortable extending the deadline. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Barrett, Downey NOES: 2 COUNCILMEMBERS: Haffa, Roberson ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. Approve Recommendations Regarding Appointments to the Appeals Hearing Board, Architectural Review Committee, Building and Housing Appeals Board, Colton Hall Museum Cultural Arts Commission, Disabled Access Appeals Board, Historic Preservation Commission, Parks and Recreation Commission (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-04) Action: Appointed Commissioners and Board Members to Architectural Review Committee, Building and Housing Appeals Board, Colton Hall Museum Cultural Arts Commission, Disabled Access Appeals Board, Historic Preservation Commission, Parks and Recreation Commission; Continued Appeals Hearing Board Appointments (4-0-1; Smith absent) Mayor Roberson opened the floor for public comments on the item. There were no requests to speak, and he returned the discussion to the dais. Councilmember Downey questioned the recommendation in the agenda report on the Appeals Hearing Board. Councilmember Barrett said that he advocated reinstatement of the board in the same configuration, and Ms. Downey's recommendation was different. Councilmember Downey noted that her recommendation was to appoint Mr. Millich because of his more relevant experience as an attorney. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the recommendations regarding appointments to the Architectural Review Committee, Building and Housing Appeals Board, Colton Hall Museum Cultural Arts Commission, Disabled Access Appeals Board, Historic Preservation Commission, and Parks and Recreation Commission and continued the Appeals Hearing Board appointments: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson called a recess at 5:25 p.m., then called the meeting back to order at 7:01 p.m. 5 City Council Minutes Tuesday, March 15, 2016 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge of Allegiance. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments on items not on the agenda. Lorna Moffett quoted, "the price of apathy is to be ruled by evil men," and said that too many people are apathetic and we are being ruled by evil men. She thanked the City of Monterey for public access TV that allows the public to express themselves. She said that corporations are not allowing people to lobby and get to the people. She thanked the parks Department, in particular Louie, for the reduction in pesticide use. Lesley Pressman, Control Cashier at the Sports Center, described her job duties. She said that she has new perspective about the important work that the City does for the health of the community. She spoke representing GEM, saying that both sides are preparing for negotiations. She gave a brief overview of the many jobs that GEM employees do for the City. She said that it is with pride that the GEM workers share the City with other Peninsula residents. She asked Council to remember GEM's concessions during the economic downturn as they are preparing for negotiations, and noted that they are making less now than before the downturn. With no further requests to speak, Mayor Roberson closed public comments. WATER UPDATE Councilmember Downey said that the Board did not make a decision on the City's letter, but noted that working on Cal Am’s water rate increase is not in their purview. COUNCIL COMMENTS Councilmember Haffa reported on the Peace Officers' awards dinner, saying that Officer Russell Jenkins received an award. Councilmember Barrett said he is always excited to see a new business open in Monterey, and a bakery called The Perfect Crumb opened on Lighthouse this week. He recommended that people try them. Mayor Roberson reported on the opening day for the Bronco League Baseball at Jack's Park. He said that he heard people say how thankful they are for the City's services. He said he also attended a ribbon cutting at Sollecito Ball Park, and he appreciates the sports and recreation services. CITY MANAGER REPORTS City Manager McCarthy reported on last night's Panetta Lecture and he congratulated Carmel for hosting the event. He gave a brief report on the recent McAbee Beach leak, saying that the City is working on it. Mr. McCarthy reminded everyone that the April 5th Council meeting is cancelled, and the next regular meeting is scheduled on April 19th. 6  City Council Minutes Tuesday, March 15, 2016 PRESENTATIONS 20. Presentation by Next Generation Jazz Festival (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received report (4-0-1; Smith absent) Colleen Finegan Bailey, Managing Director of the Monterey Jazz Festival, gave a presentation on the Next Generation Jazz Festival and invited Council to attend on the first Friday, April 8th at 7:00 p.m. She thanked several area agencies and businesses for hosting the events. She said that students travel from abroad for the festival, including from Japan, and US students reciprocate and travel to Japan. She said that the September Jazz Festival will be hosting Quincy Jones. PUBLIC HEARING 21. Consider Planning Commission Recommendation to Adopt the 2015-2023 Housing Element (General Plan EIR Addendum) (Plans & Public Works - 201-12) Action: Continued to March 23, 2016 (4-0-1; Smith absent) Mayor Roberson introduced the item and said that Councilmember Smith has asked to discuss four items in the Housing Element at a future meeting when he is present. He explained that if the plan is adopted before April 15th, it could be effective for eight years rather than five, but some points could be removed for future discussion while the Element is passed. Principal Planner Caraker presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Karen Brown said that she has been hearing about the housing crisis. She said it is important to allow second units and spoke in support of the concept. She supported housing trusts and land trusts and changing parking regulations in some parts of the City. She encouraged Council to look at the City of Vancouver as a model. Robert Yoha, representing Casanova Oak Knoll Neighborhood Association, said that he is a homeowner in Monterey. He asked Council not to harm the older neighborhoods and said that they were not invited to the public forums. He asked that the concept be approved, but sent back to staff for further work. Ted Balestreri, Hospitality Association, asked Council to move forward with the Housing Element, particularly increasing the housing stock by using granny units. Father Michael Reed, Fund for Homeless Women Co-founder, said that community support has been galvanized around this issue over the past five years. He asked Council to support the Housing Element. George Riley encouraged the Council to adopt the Housing Element. He said that there are challenges on Leadership and creativity. Katherine Thoeni, Executive Officer of the Homeless Coalition, strongly encouraged Council to adopt the Housing Element with the recommended insertions and said that Monterey is on the verge of a severe housing crisis. Carl Braginsky supported adoption of the Housing Element with the insertions as a Board Member on the Area Agency on Aging Advisory Board. An unidentified woman said she is very excited about this issue and encouraged Council to pass the Housing Element. Brian Bajari said that affordable housing is a necessity and a moral obligation. He said that the time is now to be creatively compassionate. Betsy Wilson, Mid Pen Housing and Monterey Resident, urged Council to adopt the Housing Element with new policies for further exploration and discussion. Allen Bilinsky, Interim Incorporated, said that changing in funding sources has made it difficult to create affordable housing opportunities. He spoke in support of adopting the Housing 7 City Council Minutes Tuesday, March 15, 2016 Element with the recommendation of the housing advocacy group. Cathleen Baker, volunteer and advocate, spoke in support of adopting the Housing Element with the insertions. She asked other volunteers in support to stand, and about ten people stood. Wanda Sue Parrott spoke in support of adopting the Housing Element and asked Council to "just do it." Les White, Salinas resident and homeless advocate, spoke in support of adoption of the Housing Element with the insertions. Having no further requests to speak, Mayor Roberson closed public comments and called a recess at 8:38 p.m. He called the meeting back to order at 8:50 p.m. Mayor Roberson suggested that Council approve the Housing Element without the new policies and bring back those policies to discuss at a future meeting. Councilmember Haffa said that the new policies are merely an exploration, so he would favor adopting the entire Housing Element and exploring the recommendations. Councilmember Barrett spoke in favor of passing the Housing Element in its entirety because he does not favor carving out pieces. City Manager McCarthy noted that this topic has followed a lengthy public process. It was moved by Councilmember Downey, and seconded by Mayor Roberson to approve the Housing Element without the new policies, and to direct staff to return with those policies to Council for a future discussion. Councilmember Haffa said that what the Council has heard from the community is that college students, senior citizens, and others are being priced out of the market. He said that there is a housing crisis that is forcing people into homelessness and the new policies address those issues. He said that none of the policies are set in stone. He said that this affects homeless people, people on a fixed income, as well as business relocation to Monterey. He said that Councilmember Smith could be included in the discussion when the issues come up for exploration. Councilmember Downey said that the new policies will be addressed in depth, but it is not necessary to include them in the Housing Element at this time in order to do that. Councilmember Barrett stressed the importance of the new policies in meeting the housing needs of the community and to attract new businesses. He cautioned against allowing affordable housing to be developed in outlying areas. Mayor Roberson asked and received clarification that the Housing Element could be amended by inserting the new policies at a later date. He voiced concerns regarding the effects that second units have on neighborhoods. He said that if the plan includes exploring an issue, it might mean that we must do it. Mayor Roberson said that he believes that home ownership also should continue to be a priority, and Monterey only has one-third of the homes owner occupied. He noted that adding a second unit increases the value of a home and makes ownership more out of reach. Councilmember Barrett said that none of the new policies are mandates, rather are only exploring the issues. He said that he is open-minded on these issues. He said the favors discussing the entire package. Councilmember Haffa suggested delaying the decision until March 23rd. He said that the second unit issue should be subject to neighborhood approval. Regarding short term rentals, Dr. Haffa said that we know they are happening, and they cause reduced the housing stock and increased rents. He suggested options to deal with the issue, saying that he would like to 8 City Council Minutes Tuesday, March 15, 2016 discuss it and possibly allow it and use the TOT to develop affordable housing stock. He supported decoupling parking requirements for affordable housing projects. He said that granny units should be approved on a neighborhood by neighborhood basis. Councilmember Barrett offered a substitute motion to continue the item to March 23, and Councilmember Haffa seconded the motion. The substitute motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Mayor Roberson adjourned the meeting to closed session at 9:26 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that on a roll call vote the City Council gave confidential direction to their legal counsel in a conference with legal counsel regarding existing litigation in the case of Claypole v. the City of Monterey, et al., with a vote of 4-0-1, Smith absent. Ms. Gawf reported that in a second conference with legal counsel regarding existing litigation in the case of Shepherd v. the City of Monterey, the Council gave confidential direction to their legal counsel on a roll call vote. She said that the vote was 3-1-1, with Downey voting no and Smith absent. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 9