Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 21, 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, Mayor Roberson Absent: Councilmembers None City Staff Assistant City Manager, Assistant City Attorney, Director of Information Present: Resources/City Clerk, Deputy City Manager Plans and Public Works, Police Chief, Finance Director, Community Services Director, Fire Chief, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, HPM Administrative Analyst, Associate Planner, Sustainability Coordinator 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 Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamation Mayor Roberson presented a Proclamation to Sergeant Lauren Kohls, and she made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments for items not on the agenda and for closed session items. Rick Johnson said that he enjoyed the recognition of the DLI student, and that he attended school there in the past. He invited everyone to the Fourth of July Parade and festivities. Cathy Pierce, Native Sons of the Golden West, invited everyone to a celebration of the landing of Commodore Sloat, which is sponsored by the Native Sons and the Monterey History and Art Association. Terry Pierce, Vice President of the Native Sons of the Golden West, thanked Monterey for their support. Gloria Mason, Manager of the Paul Mortuary, gave background on her company's history with the Monterey Crematorium. She said that it is her goal to sustain the relationship with the crematorium by exercising their five-year lease option. Dan Silverie, Managing Partner for Silverie Properties, thanked the City for working with them on the affordable units at the Monterey Hotel. He reviewed some of the environmental work that has been done as well as proposed upgrades for the project. With no further requests to speak, Mayor Roberson closed public comment. CONSENT ITEMS Councilmember Smith asked to receive a staff report on Item 12.  City Council Minutes Tuesday, June 21, 2016 On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Item 12: 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 2. June 7, 2016 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award Construction Contract for Citywide ADA Ramps and Street Reconstruction, Phase 2 (Exempt from CEQA Article 19, Sections 15301-15303, Classes 1-3 and Exempt from NEPA Section 58.34(a)(12)) ***NIP/CDBG/CIP/Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-120 C.S. Ordinances 4. 2nd Reading – Add Monterey City Code Section 2-3.4 and Amend 1st Reading – Add Monterey City Code Section 2-3.4 and Amend Sections 1-11.1, 1-11.2, 1-11.3, 2-8, 26-4, and 26-23, to Adopt Remedies for Failure to Comply with State and Local Ethics Training Requirements for Members of Legislative Bodies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-11) Action: Adopted Ordinance No. 3542 5. 2nd Reading -- Amend Monterey City Code Section 23-14 to Allow Wheelchairs, Scooters, Roller Skates, and In-line Skates in the Skate Park and Require Use of Protective Gear (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Adopted Ordinance No. 3543 Resolutions 6. Amend Resolution 15-023 C.S. to Increase the Contingency Funds for the Elevator, Escalator, Wheelchair Lift and Dumbwaiter Maintenance Service Contract (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061, NEPA Not a Project) (Plans & Public Works - 903-02) Action: Adopted Resolution No. 16-121 C.S. 7. Amend Resolution 15-120 Changing the Position Control List for the Plans and Public Works Department by Eliminating One (1) Street Maintenance Leadworker Position and Adding Two (2) Laborer Positions in the Street Maintenance Division (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 502-03) Action: Adopted Resolution No. 16-122 C.S. 2  City Council Minutes Tuesday, June 21, 2016 8. Amend Resolution 15-120 Changing the Position Control List for the Plans and Public Works Department by Adding one (1) Public Works Inspector Position in the Capital Projects Division and Amending the 2016-2017 Operating Budget for the Capital Projects Division (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01) Action: Adopted Resolution No. 16-123 C.S. 9. Call Regular Municipal Election on November 8, 2016 and Request Consolidation (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 702-03) Action: Adopted Resolution No. 16-124 C.S. and Resolution No. 16-125 C.S. 10. Delegate Authority to the Finance Director to Act on Behalf of the City of Monterey for Matters Concerning the CSAC Excess Insurance Authority. (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061). (Finance - 408-08) Action: Adopted Resolution No. 16-126 C.S. 11. Authorize Appropriation of Fire Department Strike Team Reimbursement Funds to Replenish Fire Operations Overtime and Vehicle Replacement Accounts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Fire - 406-04) Action: Adopted Resolution No. 16-127 C.S. 12. Amend the Harbor Land Use Plan to Delete Appendix A, Delete Appendix C, Delete References to the Wharf Master Plan; and, Add View Policies from Appendix A into the Body of the Land Use Plan to Achieve Consistency with Prior City Council Actions Associated with Adoption of the Waterfront Master Plan (Exempt from CEQA per Article 18, Section 15265) (Plans & Public Works - 201-12) Action: Removed from Consent; discussed; adopted Resolution No. 16-128 C.S. Principal Planner Caraker gave a brief report and answered Councilmembers' questions. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-128 C.S., amending the Harbor Land Use Plan to delete Appendix A, delete Appendix C, delete references to the Wharf Master Plan, and add View Policies from Appendix A into the body of the Land Use Plan to achieve consistency with prior City Council actions associated with adoption of the Waterfront Master Plan: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Appropriate $6,000 as approved by the Library Board of Trustees from the Library Trust Fund in the 2016-2017 Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Library - 406-04) Action: Adopted Resolution No. 16-129 C.S. 3  City Council Minutes Tuesday, June 21, 2016 Other 14. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 406-410 Alvarado Street (City Owned Portion of Monterey Hotel Mixed-Use Project); Agency Negotiators: Kimberly Cole, Dino Pick and Rick Marvin; Negotiating Parties: Silverie Properties, LLC; Under Negotiation: Terms and Conditions for Proposed 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: Appointed negotiators ***End of Consent Agenda*** PUBLIC HEARING 15. Consider Planning Commission Recommendation to Approve the 2016/2017 One-Year Action Plan for Community Development Block Grant Funds; Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD); and; as Successor Housing Agency, Approve the 2016/2017 Successor Housing Agency Housing Program and Budget (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) (Plans & Public Works - 207-03) Action: Adopted Resolution No. 16-130 C.S. Housing and Property Manager Marvin presented the report and answered questions. Mayor Roberson opened the Public Hearing. Lynn Young, Director of Aquatics at the Josephine Kernes Pool, said that this funding goes directly to the clients and it allows nonprofit organization to leverage other funds. A representative of Interim, Inc. thanked Council for their continued funding of Interim. Carl Braginsky, Salvation Army, thanked the Council for their support and gave a brief report on the use of the funds. Jacqueline Ramirez, Fair Housing Coordinator with Project Sentinel, thanked the Council. Wanda Christenson, Alliance on Aging, thanked the Council for the funding recommendation and said every dollar they spend is for seniors. With no further requests to speak, Mayor Roberson closed the hearing. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-130 C.S., approving the 2016/2017 one-year Action Plan for Community Development Block Grant Funds; authorizing submittal to the U.S. Department of Housing and Urban Development (HUD); and, as Successor Housing Agency, approving the 2016/2017 Successor Housing Agency Housing Program and Budget: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 16. Receive Report and Provide Direction on Possible Citywide Bike Share Program-- Continued from June 7, 2016 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Received report; directed staff to explore a pilot program and work with 4 City Council Minutes Tuesday, June 21, 2016 interested parties (4-1; Smith voting no) Associate Planner Roveri presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. Michelle Knight, Adventures by the Sea, said that she is not opposed to a bike program on the surface, but does not believe the program as described is appropriate or feasible for this City. She questioned if this service is truly targeted at residents, not tourists, and questioned why there was no outreach to the local rental businesses. She asked Council to at least pare down the locations and gear them toward residents. Devin Meheen, Bay Bikes, concurred with the previous speaker, saying that the details coincided with his concerns. Matthew Sundt, Old Capitol Books owner, said that the road infrastructure is limited, and getting people on bikes is one way to alleviate traffic. Frank Knight, Adventures by the Sea, said that his business sells their used bikes for about $100 to college kids, as well as giving them to the Salvation Army. He said this is a better solution than spending money on a bike share program. Felice Cooper said that she suggested this idea because the bus service is inconvenient. She supported a bike share program. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson pointed out that there are issues such as fitting the size of the bike to the person. He said that there are a number of questions that need to be answered. Councilmember Downey clarified that this is just direction to explore a pilot program, not going further with funding at this time. Councilmember Smith said that the costs don't make sense if someone uses a bike every day for transportation to and from work. He said he would need to see a cost benefit analysis before he could approve any effort to obtain funding or start a pilot program. Councilmember Barrett said that this program falls into the local coastal program (Item 19) because it will reduce emissions. He said that he sees many benefits to the community, including enhancing the public transit system. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council directed staff to explore a pilot leasing program and collaborate with the interested bicycle businesses and MPC, CSUMB, MIIS, and other interested parties: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council adjourned to closed session at 5:26 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m. All Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the pledge. 5 City Council Minutes Tuesday, June 21, 2016 CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment on items not on the agenda. Nina Beety voiced concerns regarding a recent toxicology report and upcoming legislation that strips control from local governments. Katrina Henske spoke in opposition to Council's decision to direct the NIP to rescope a project to study Ferrante Park. She showed pictures of Montecito Park, saying that it needs improvements. With no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a unanimous roll call vote, the City Council gave confidential direction to negotiators in a conference with labor negotiators to discuss negotiations with all of the City's bargaining units. WATER UPDATE Councilmember Downey said that Monterey County has voted to pay their share of the funding for MPRWA. She reported on a recent decision by the CPUC. COUNCIL COMMENTS Councilmember Smith said that he will be attending the TAMC meeting tomorrow, where the board will discuss the timeline to put the sales tax increase on the ballot. He said that Council's decisions are not easy, but part of the role is to take a leadership position. He said he stands by his decision on Ferrante Park, and that the Council indicated that they value the NIP process. He said he looks forward to working on all City parks. Councilmember Barrett said he appreciates Ms. Henske's position, and he said recent decisions have been made regarding improvements to Montecito Park. He stood by his decision on the Ferrante Park project. He said that he has asked for the opening up of how our local preference requirements coincide with Federal requirements. He expressed support for the new ordinance regarding ethics training and said it would be a good discussion for Council. Mr. Barrett said that he enjoyed the recent showing of the movie on Colton Hall lawn, especially seeing the kids. He reported on his participation in a United Way panel regarding the real cost of poverty in our community. He said that when one considers the cost of living, one in five people is struggling. He said that he is still hoping to have the Council retreat. Councilmember Downey thanked Bob Cowdrey and Anne McGrath for their work with the City and congratulated them on their retirement. She offered kudos to Doug Wiele on changing the parking situation at Trader Joe's. Ms. Downey offered kudos to for recent work on the walk way. She said that Waste Management will have an opportunity for people to dispose of their household hazardous waste at the MPC parking lot. She offered tours of the groundwater replenishment demonstration to everyone and asked the Council to take field trip there. Councilmember Haffa asked staff to look into AB 2788. He thanked the City staff for making the Bernie Sanders event successful. He noted that the Police and Fire Officers helped one of his students with a medical emergency during the event. CITY MANAGER REPORTS Assistant City Manager Uslar said that Council has a special meeting next Wednesday. Saturday. He reported that there would be a ribbon cutting at Monterey Public Library unveiling 6  City Council Minutes Tuesday, June 21, 2016 Etta’s Eats kitchen. He reviewed the upcoming 4th of July activities. Mr. Uslar reminded everyone that fireworks are prohibited in the City of Monterey. He said that staff recently met with various service providers to discuss distribution of the funds collected from the Monterey Challenge. PUBLIC HEARING 17. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report for Fiscal Year 2016/2017 (Exempt from CEQA, Article 19, Section 15301, Class 1) (Plans & Public Works - 407-08) Action: Adopted Resolution No. 16-131 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 16-131 C.S., confirming the Alvarado Street Maintenance District 85-1 Area and Assessment proposed in the Engineer's Report for Fiscal Year 2016/2017: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report for Fiscal Year 2016/2017 (Exempt from CEQA, Article 19, Section 15301, Class 1) (Plans & Public Works - 407-08) Action: Adopted Resolution No. 16-132 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 16-132 C.S., confirming the Calle Principal Maintenance District 00-1 Area and Assessment proposed in the Engineer's Report for Fiscal Year 2016/2017: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Receive Report on Local Coastal Program Sea Level Rise Adaptation Strategies and Provide Comments (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Received report Principal Planner Caraker introduced Dr. David Revell, Revell/Coastal EMC team member, and he gave the presentation and answered Councilmembers' questions. 7  City Council Minutes Tuesday, June 21, 2016 Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comments. Mayor Roberson called a recess at 8:24 p.m., then reconvened the meeting at 8:35 p.m. 20. Adopt Negative Declaration and Climate Action Plan (Plans & Public Works - 802-12) Action: Adopted Resolution No. 16-133 C.S. and Resolution No. 16-134 C.S. Sustainability Coordinator Terrasas presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. There were no requests to speak, and Mayor Roberson returned the discussion to the City Council. Councilmember Barrett highlighted that the status quo will not allow the City to meet its emissions goals. Councilmember Smith confirmed that CEQA has already been complied with and this sets the framework for future actions. Mr. Terrasas said that the action plan provides a framework but does not have a section that states that the City will do specific projects. On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolutions 16-133 C.S. and 16-134 C.S., approving the Negative Declaration and Climate Action Plan: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 21. Consider Subcommittee Recommendations and Make Appointments to the Architectural Review Committee, Disabled Access Appeals Board, Library Board of Trustees, and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Appointed Board, Commission and Committee Members Councilmember Barrett provided the report, expressing his extreme gratitude for everyone who came forward and volunteered their time for these commissions. He clarified the Subcommittee’s recommendations. Councilmembers discussed the recommendations. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to appoint Christopher Placco, Renata Abma, and Hope Rogers to the ARC; Michael Castaneda and Dan Stevens to the Disabled Access Board; Lisa Koenig, Bob Petty, and Ralph Widmar to the Library Board; Hansen Reed, Terry Latasa, and Charles Lerable to the Planning Commission; and John Castagna to the CHM/CAC; and to reopen ARC for applications. Councilmembers discussed the motion and the qualifications of the applicants. The motion maker and seconder withdrew the original motion. 8  City Council Minutes Tuesday, June 21, 2016 On a motion by Councilmember Barrett, seconded by Councilmember Downey, and carried by the following vote, the City Council appointed Christopher Placco, Renata Abma, and Hope Rogers to the Architectural Review Committee, Michael Castaneda and Dan Stevens to the Disabled Access Appeals Board; Lisa Koenig, Kathi Wojtkowski, and Bob Petty to the Library Board of Trustees; Ralph Widmar, Hansen Reed, and Terry Latasa to the Planning Commission; and John Castagna to the Colton Hall Museum/Cultural Arts Commission: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council adjourned to the Ocean View Community Services District OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 22. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Attorney - 706-09) Action: Received report ADJOURNMENT The Council adjourned back to the City Council meeting, and to a closed session at 9:55 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 10:57 p.m., Information Resources Director/City Clerk Gawf announced the following actions. The City Council gave confidential direction to their negotiators on a unanimous roll call vote in a conference with real property negotiators regarding the crematorium at El Encinal Cemetery at Fremont Street and Camino Aguajito, negotiating parties were Keystone America, Inc., and the terms and conditions for option to extend the lease was under negotiation. The City Council gave confidential direction to their negotiators on a unanimous roll call vote in a conference with real property negotiators regarding property at 406-410 Alvarado (City-owned portion of the Monterey Hotel project), negotiating parties Silverie Properties LLC, with terms and conditions for proposed lease under negotiation. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 9