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Council Regular Meeting

Regular Meeting

Monterey, CA · September 6, 2016

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 6, 2016 4:00 - 5:30 PM 7:00 - 11:00 PM 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, Police Chief, Community Services Director, Fire Chief, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, Sustainability Coordinator, Principal Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Jacob's Heart Children's Cancer Support Services & Declaration of September Childhood Cancer Awareness Month (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) Action: Read Proclamation Mayor Roberson read a Proclamation honoring Jacob's Heart Children's Cancer Support Services. 2. Presentation from National Weather Service on Monterey Being Designated as a TsunamiReady Community (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Fire - 611-03) Action: Received report City Manager McCarthy introduced the item, and Fire Chief Panholzer gave a brief overview. Bryan Garcia and Jesse Haro, National Weather Service made the presentation to the City Council. 3. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) Action: Presented Proclamations Mayor Roberson presented Proclamations to Army Specialist Alexander J. Bruinsma, and Staff Sergeant Kevin T. Sharpe. Each made brief remarks. The Mayor noted that Sergeant Mark C Brenay is also being honored and could not be present. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Jack Erickson, Monterey resident and member of Veterans for Peace, announced an event being held on September 20, “The True Cost of War," at the Irvine Auditorium at MIIS. Dave Potter said that September is National Preparedness Month, and he announced three upcoming events. With no further requests to speak, Mayor Roberson closed public comments. City Council Minutes Tuesday, September 6, 2016 CONSENT ITEMS Councilmember Barrett asked to remove Items No. 8, and 18. He noted a correction to the letter in Item No. 17. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted the Consent Agenda, except Items 8, and 18, and with a correction to the letter included with Item 17: 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. August 16, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-09) Action: Approved Ordinances 5. 1st Reading to Amend Monterey City Code Chapter 17 Relating to the Harbor and Marina to Eliminate Outdated and Redundant Language, Update the Procedure for Appeals of Harbormaster Decisions, and Regulate the Number of Trucks at the Pump Buildings. (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-07) Action: Passed Ordinance to print 6. 2nd Reading - Amend Monterey City Code Section 23-4 to Prohibit Alcohol on Public Beaches Except by Valid Written Permit and to Allow Alcohol at Colton Hall Lawn, Friendly Plaza, Monterey Bay Park, and the Lower Presidio Historic Park with a Valid Written Permit (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. 3546 7. 2nd Reading to Amend Monterey City Code Section 31-3 (Exempt Signs and Prohibited Signs), Section 31-5 (add Noticing Requirements); and Section 31-10 (Definitions) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Attorney - 701-11) Action: Adopted Ordinance No. 3547 Resolutions 8. Adopt Resolutions Consenting to Inclusion of City Properties in the California Home Finance Authority PACE (Property Assessed Clean Energy) Programs and Associate Membership in California Home Finance Authority (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Removed from Consent; discussed; tabled 2 City Council Minutes Tuesday, September 6, 2016 Sustainability Coordinator Terrasas gave a brief presentation and answered Councilmembers' questions. On request, Emily Goodwin, YGreneworks, gave a brief presentation, explaining details of the program and answering additional questions. Mayor Roberson opened public comments on the Item. Scott Dick, Government Affairs Director of MCAR, spoke in opposition to the program, saying that it is a self-imposed lien against property, or a SLAP loan. He reviewed several disadvantages to the program. With no further requests to speak, Mayor Roberson closed public comments, and suggested tabling the matter. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled the matter: 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. Authorize the Execution of a Navy Contract and the Appropriation of Funds for the Navy Facilities Pavement Resurfacing Project ***NAVY*** (CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) and Categorically Excluded from NEPA per 32 CFR 775.6 (f)(8)) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-176 C.S. 10. Amend Resolution 15-120 Changing the Position Control List by Adding One Overfill Marina Harbor Assistant Position in the Harbor Division until June 30, 2017. The proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378) (Community Services - 502-11) Action: Adopted Resolution No. 16-177 C.S. 11. Authorize an Appropriation of Funds for the Pedestrian/Bicycle Safety Program to be Reimbursed by the California Office of Traffic Safety (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409- 02) Action: Adopted Resolution No. 16-178 C.S. 12. Amend Resolution 15-120 Changing the Position Control List for the Finance Department by Adding one (1) Accounting Specialist Position (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. 16-179 C.S. 13. Amend Resolution 15-120 To Change the Position Control List for the Plans and Public Works Department by Eliminating the End Date for the Capital Programs Coordinator and Engineering Assistant Positions in 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. 16-180 C.S. 14. Amend Resolution 15-120 Changing the Position Control List for the Plans and Public Works Department by Eliminating One (1) Administrative Analyst – Real Estate Position and Adding One (1) Administrative Analyst in the Housing and Property Management Division (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 207-01) Action: Adopted Resolution No. 16-181 C.S. 3 City Council Minutes Tuesday, September 6, 2016 15. Extend Weekend Trolley Shuttle Program from September 10, 2016 – May 21, 2017 and Appropriate Parking Funds (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 16-182 C.S. 16. Adopt a Successor Memorandum of Understanding (MOU) with the Management Employees' Association (MEA) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-03) Action: Adopted Resolution No. 16-183 C.S. Other 17. Approve Response to 2015-2016 Monterey Civil Grand Jury Final Report - "The Slowly Expanding Use of Body-Worn Cameras by Law Enforcement Agencies in Monterey County" (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 101-02) Action: Corrected and approved 18. Approve Response 2015-2016 Monterey County Civil Grand Jury Final Report - “Housing Homeless Women?" (Not a Project Under CEQA, per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) (Community Services - 706-11) Action: Removed from Consent; discussed; amended and approved Community Services Director Bui-Burton presented the staff report. Councilmember Barrett referenced the "Real Cost Measure" report by the United Way, noting the high cost of living in this community raises the poverty line. He advocated for compassionate and innovative approaches to address housing issues. He noted that Monterey has done a lot through traditional means to bring more affordable housing on line. He suggested amending the letter to include some of the ongoing studies in the community and that the Council adopt the Planning Commission's Housing Element recommendations. Councilmember Smith said that the Housing Element was passed under a deadline, and the Planning Department has begun the process of looking at the merits of the recommendations that did not pass with the Housing Element. He said that this letter does not delve into the depth that the community discussion will, but it covers what has taken place and is accurate. Mr. Barrett said that the draft letter is inaccurate with respect to the safe parking program and it does not mention the ongoing dialogue regarding very low income housing. Mr. Smith said that the letter answers the Grand Jury's questions, and changing it would be premature because public policy has not been decided yet. Councilmember Haffa moved to create a subcommittee of Councilmembers Barrett and Smith to edit the letter and bring it back to the next meeting. Staff clarified that the response to the Grand Jury is due prior to the next Council meeting, and Mr. Haffa withdrew his motion. Mayor Roberson opened public comment on the item, had no request to speak, and closed public comment. Mayor Roberson said that the Grand Jury Report is a snapshot and there will be a new Grand Jury shortly. Councilmember Downey said that the GJ works hard to look at the issues. She suggested adding a paragraph to say what the City has done regarding housing, but is continuing to address the issue. 4 City Council Minutes Tuesday, September 6, 2016 Councilmember Smith suggested that Council include language in the letter that the City is currently in the Planning Process that would involve the following tasks, list the tasks, and state that no decisions have been made yet. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council amended the letter to say that the City is currently in the process with the Planning Department that would involve the following tasks, list the tasks, and state that no decisions have been made yet; to remove language that there is not demand for a Safe Parking program; and approved the Response to the 2015-2016 Monterey County Civil Grand Jury Final Report - “Housing Homeless Women?" AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. Consider Subcommittee Recommendation and Make Appointment to the Architectural Review Committee(Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Appointed Linda Rath ***End of Consent Agenda*** PUBLIC HEARING 20. Receive a Report and Consider Directing the City Manager to Execute a Disposition and Development Agreement Between City of Monterey and Monterey Hotel Apartments, Inc. for the Completion of the Monterey Hotel Mixed-Use Affordable Apartment Project Located at 406 - 410 Alvarado Street (APN 001-572-027-000) -- Continued from August 16, 2016 and Recommended for Continuance to September 20, 2016 (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 206-03) Action: Continued to September 20, 2016 On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to September 20, 2016: 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 21. Proclaim the City of Monterey as a Hidden Heroes City (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) Action: Continued to Evening Session; adopted Resolution No. 16-184 C.S. City Manager McCarthy presented the staff report, noting that Monterey would be only the second city in California to participate. 5 City Council Minutes Tuesday, September 6, 2016 On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-184 C.S., proclaiming the City of Monterey as a Hidden Heroes City: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson called a recess at 5:30 p.m. He reconvened the meeting at 7:00 p.m. where all Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment. John Hill, Trustee MPUSD, Tim Chaney, Trustee MPUSD, and Dr. PK Diffenbaugh, MPUSD Superintendent, gave a presentation regarding infrastructure expenditures from bond money, saying that the board is now deciding how to move forward with expenditures of the remaining funds. They announced a Town Hall Meeting schedule where the community will have opportunities to learn more and provide feedback. With no further requests to speak, Mayor Roberson closed public comments. WATER UPDATE Councilmember Downey said that the CEQA review for ground water replenishment is underway, with an opportunity for public comments. She invited Councilmembers and the public to take a tour of PureWater demonstration project. COUNCIL COMMENTS Councilmember Smith reported that the Rotary Club will host a CERT presentation on Thursday. He said that Council held a workshop on August 29th. He announced that there will be a ribbon cutting on Wednesday, October 8 for the new, NIP-funded basketball court on Cannery Row. He said that youth and adults will be invited to participate in a free-throw contest at the Monterey Sports Center. Councilmember Haffa said that he celebrated Labor Day with the Monterey Labor Council. He reported that he attended the Housing Forum and took away that different approaches to affordable housing might be needed in different neighborhoods. He differentiated between temporary short-term rentals and permanent short-term rentals that take a unit out of circulation. He suggested that the City should either enforce against short-term rentals or tax them. Councilmember Downey said that she has attended the Santa Rosalia and Greek festivals recently and she loves the diversity. She said the recent planning workshop was well received. She reported on her recent experience at the Civics class at Monterey High. She said that Griffin Plaza has a beautiful fruit tree that deposits berries on the sidewalk, which causes stains and looks terrible. She said that the pavement downtown needs to be cleaned up. 6 City Council Minutes Tuesday, September 6, 2016 Councilmember Barrett said that he is working on his basketball shooting arm. Councilmember Smith said that the Warriors will be at the ribbon cutting. Mr. Barrett said he was interested in hearing Mr. Haffa's thoughts on temporary short-term rentals. He announced a panel discussion, “Local Investment, Resilient Economies, A Conversation with Amy Cortese, Amy Pearl & Marco Vangelisti,” to be held at the Irvine Auditorium on Friday September 16. Mayor Roberson expressed his appreciation for the Monterey Fire Department and Cal Fire, saying he is very grateful that the recent Highway 68 fire was contained and put out quickly. Councilmember Haffa noted the recent report on the improved response time to Monterey residents that live in the Highway 68 area. CITY MANAGER REPORTS City Manager McCarthy reported that two firefighters currently are offering aid in fighting the Soberanes Fire. He said that he met with the Assistant Secretary of the Navy, who was impressed with the Monterey Model. With tongue-in-cheek, he announced that the grand prize for the free throw contest is a lunch with Councilmember Smith. Mr. Smith said that the prize would be a ball signed by the Warriors team members. PUBLIC HEARING 22. Consider Planning Commission Recommendation to: 1) Adopt a Mitigated Negative Declaration; 2) Rezone Portions of the Lighthouse Specific Plan Area From Community Commercial (C-2), Open Space (O), and Residential (R1-15 and R-3-5) to Planned Community Lighthouse (PC-LH); 3) Amend Monterey City code Section 38-114.F-G and Section 32-67 to Clarify Parking Regulations; and 4) Repeal the Lighthouse Area Plan and Adopt the Lighthouse Specific Plan (Plans & Public Works - 201-12) Action: Amended Plan to leave Open Space zoning as is (5-0), dedicate in-lieu parking fees to multi-modal plan or alternative modes of transportation(5-0), and disallowed numerical extension of the 35-foot height limit except for ADA access (4-1; Smith voting no); adopted Resolution No. 16-185 C.S. (5-0) and Resolution No. 16-186 C.S.(5-0), and passed Ordinance to print (5-0) Chief of Planning and Engineering Cole presented the staff report. Mayor Roberson opened the Public Hearing. Nancy Runyon, New Monterey Neighborhood resident, complimented the ARC on the process and cited the FedEx building as a good example of what the neighborhood supports regarding building height. She suggested that there should be an Open Space overlay zone for the parks. Mike Becker, Cannery Row Company and Foursome Development, said that the report was excellent. He suggested that work should be done regarding the tunnel; keeping trash areas and plumbing separate; stating that rebuilding or replacement retains current parking; internal illumination on signage; bulb- outs with regard to diminished turning radius; and mentioning that Lighthouse is a boulevard. Patricia Domingo, Lower New Monterey resident, voiced her appreciation for what the City has done. She stated concerns regarding the lack of parking and traffic being incompatible with the residential neighborhood; protecting the residents' views; infrastructure; and water. Tom Shimansky, property owner on Lighthouse, noted that there is both a benefit and a drawback to having the Aquarium. He said that Lighthouse needs a shot in the arm, and mixed use will increase foot traffic. He said that there are too many restrictions on three-story buildings. Carl Outzen voiced concerns regarding safety due to the narrow traffic lanes on Lighthouse Avenue. He voiced concerns about the installation of the bulb-outs and making Lighthouse Curve safer for walkability. Having no further requests to speak, Mayor Roberson closed the 7 City Council Minutes Tuesday, September 6, 2016 Public Hearing. On question, Ms. Cole reviewed the issues that were brought forward during the hearing, explaining how they relate to the recommendations. She said that the recommendation is to wait for the Holman Highway Roundabout completion to review the traffic issues again. Councilmember Smith said that he would like to look at completing a more permanent solution, rather than the bollards, to keep people from making left turns on Lighthouse Curve. Mayor Roberson called a recess at 8:32 p.m., then reconvened the meeting at 8:50 p.m. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council amended the Plan to leave current Open Space zoned as Open Space: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Smith suggested referencing the neighbors to institute a neighborhood parking program in the background section. Councilmember Haffa voiced concerns regarding the in lieu parking option. Ms. Cole explained that it provides flexibility, and the money would go into the Transportation Fund where it can be used for alternative transportation. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council amended the Plan to state that in lieu fees shall go to a multi- modal plan or alternative modes of transportation AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Mayor Roberson, and seconded by Councilmember Haffa to amend the Plan to not allow numerical extension of the 35-foot height limit, except for facilitating ADA access: Councilmember Smith said that he does not want to put conditions on the third story other than a setback due to the cost and expense of building in Monterey. Councilmember Haffa said that he would support the Mayor's motion, and leave the rest of the plan as is. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Planning Commission recommendation to: 1) adopt a Mitigated Negative Declaration; 2) rezone portions of the Lighthouse Specific Plan Area from Community Commercial (C-2), and Residential (R1-15 and R-3-5) to Planned Community 8 City Council Minutes Tuesday, September 6, 2016 Lighthouse (PC-LH); 3) amend Monterey City code Section 38-114.F-G and Section 32-67 to Clarify Parking Regulations; and 4) repeal the Lighthouse Area Plan and adopt the Lighthouse Specific Plan as amended: 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 23. Adopt a Mitigated Negative Declaration and Adopt the Parks and Recreation Master Plan (Plans & Public Works - 809-09) Action: Adopted Resolution No. 16-187 C.S. and Resolution No. 16-188 C.S. Community Services Director Bui-Burton introduced the item, and Principal Planner Caraker reviewed the negative declaration. Ms. Bui-Burton presented the new Parks & Recreation Master Plan and answered Councilmembers' questions. Councilmember Barrett voiced concerns regarding seniors of an advanced age, particularly with the news that the adult day care center has closed. He suggested that the City look into the possibility of a facility for that purpose. Mayor Roberson wondered why the plan is so specific regarding certain facilities. Ms. Bui-Burton explained that those specifics came from public comments and work groups. Councilmember Downey applauded the Commission for the plan. Councilmember Haffa suggested that there seems to be a need for an area to fly drones. He asked if Window-on-the-Bay is in the Tidelands, and staff clarified that it is adjacent to it and Tidelands funds could most likely be used in that area. Mayor Roberson opened the floor for public comments. Lacey Spangler, Vice-Chair of the Parks and Recreation Commission, thanked the Council for their consideration of the plan and said they are excited to kick off the plan. Inge Waite, Library Director, said that she and the Library Board are excited about this plan, particularly the references to the Teen Center and programs. She said they would love to work with Recreation to find a better area for teens to gather. Jay Zwagerman complimented staff on the report. He supported developing pickleball courts, noting that it is a fast growing sport, an easy and fun game, and provides good exercise. Judy Dow, Monterey resident, urged Council to be forward-thinking in adoption of the plan, including resources and venues for pickleball. Jerry Holden, Monterey Bay Pickleball Club, spoke in support of developing facilities for the sport. Sheryl Pucket, Monterey Peninsula resident, spoke in support of pickleball facilities, saying that it is an incredibly fun and social sport. Having no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett said that he would favor including a pickleball vision for the City's parks. He noted the strong connection between the Library and Youth. Staff noted that the plan includes a reference to that sport. Councilmember Haffa thanked the Commission for their work and the public who provided input. He appreciated the highlight of places for dogs and the sports complex and ideas for the Rec Trail and bike path through the Lower Presidio. Councilmember Smith thanked everyone for their contributions. 9 City Council Minutes Tuesday, September 6, 2016 On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolutions approving a Mitigated Negative Declaration and adopting the Parks and Recreation Master Plan, including exploration of a facility for adult day care: 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 Council adjourned to closed session at 10:38 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that on a unanimous roll call vote, the City Council gave confidential direction to their legal counsel in a conference with legal counsel regarding anticipated litigation, Andrew Miller claim. She said that the conference with labor negotiators was not heard and no action was taken. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 10

Agenda

City Council City Council Agenda Clyde Roberson, Mayor Regular Meeting Timothy Barrett, Councilmember Libby Downey, Councilmember Monterey City Council Alan Haffa, Councilmember Tuesday, September 6, 2016 Ed Smith, Councilmember 4:00 - 5:30 PM City Manager Council Chamber 7:00 - 11:00 PM Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Recognition of Jacob's Heart Children's Cancer Support Services & Declaration of September Childhood Cancer Awareness Month (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) 2. Presentation from National Weather Service on Monterey Being Designated as a TsunamiReady Community (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Fire - 611-03) 3. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 4. August 16, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-09) Tuesday, September 6, 2016 Ordinances ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council. 5. 1st Reading to Amend Monterey City Code Chapter 17 Relating to the Harbor and Marina to Eliminate Outdated and Redundant Language, Update the Procedure for Appeals of Harbormaster Decisions, and Regulate the Number of Trucks at the Pump Buildings. (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-07) 6. 2nd Reading - Amend Monterey City Code Section 23-4 to Prohibit Alcohol on Public Beaches Except by Valid Written Permit and to Allow Alcohol at Colton Hall Lawn, Friendly Plaza, Monterey Bay Park, and the Lower Presidio Historic Park with a Valid Written Permit (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) 7. 2nd Reading to Amend Monterey City Code Section 31-3 (Exempt Signs and Prohibited Signs), Section 31-5 (add Noticing Requirements); and Section 31-10 (Definitions) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Attorney - 701-11) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 8. Adopt Resolutions Consenting to Inclusion of City Properties in the California Home Finance Authority PACE (Property Assessed Clean Energy) Programs and Associate Membership in California Home Finance Authority (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) 9. Authorize the Execution of a Navy Contract and the Appropriation of Funds for the Navy Facilities Pavement Resurfacing Project ***NAVY*** (CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) and Categorically Excluded from NEPA per 32 CFR 775.6 (f)(8)) (Plans & Public Works - 704-05) 10. Amend Resolution 15-120 Changing the Position Control List by Adding One Overfill Marina Harbor Assistant Position in the Harbor Division until June 30, 2017. The proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378) (Community Services - 502-11) 11. Authorize an Appropriation of Funds for the Pedestrian/Bicycle Safety Program to be Reimbursed by the California Office of Traffic Safety (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409-02) 12. Amend Resolution 15-120 Changing the Position Control List for the Finance Department by Adding one (1) Accounting Specialist Position (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01) 2 Tuesday, September 6, 2016 13. Amend Resolution 15-120 To Change the Position Control List for the Plans and Public Works Department by Eliminating the End Date for the Capital Programs Coordinator and Engineering Assistant Positions in 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) 14. Amend Resolution 15-120 Changing the Position Control List for the Plans and Public Works Department by Eliminating One (1) Administrative Analyst – Real Estate Position and Adding One (1) Administrative Analyst in the Housing and Property Management Division (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 207-01) 15. Extend Weekend Trolley Shuttle Program from September 10, 2016 – May 21, 2017 and Appropriate Parking Funds (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) 16. Adopt a Successor Memorandum of Understanding (MOU) with the Management Employees' Association (MEA) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-03) Other 17. Approve Response to 2015-2016 Monterey Civil Grand Jury Final Report - "The Slowly Expanding Use of Body-Worn Cameras by Law Enforcement Agencies in Monterey County" (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 101-02) 18. Approve Response 2015-2016 Monterey County Civil Grand Jury Final Report - “Housing Homeless Women?" (Not a Project Under CEQA, per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) (Community Services - 706-11) 19. Consider Subcommittee Recommendation and Make Appointment to the Architectural Review Committee(Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-06) ***End of Consent Agenda*** PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 20. Receive a Report and Consider Directing the City Manager to Execute a Disposition and Development Agreement Between City of Monterey and Monterey Hotel Apartments, Inc. for the Completion of the Monterey Hotel Mixed-Use Affordable Apartment Project Located at 406 - 410 Alvarado Street (APN 001-572-027-000) -- Continued from August 16, 2016 and Recommended for Continuance to September 20, 2016 (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 206-03) 3 Tuesday, September 6, 2016 PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 21. Proclaim the City of Monterey as a Hidden Heroes City (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 701-17) ***Adjourn to Closed Session (See additional agenda)*** Any person or group desiring to make Public Comments on a Closed Session item may do so by addressing the Council before they adjourn to Closed Session, or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. Council will adjourn to closed session no later than 5:00 p.m. RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m.* * No discussion of a new item will be started after 10:30 p.m. PLEDGE OF ALLEGIANCE CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. 4 Tuesday, September 6, 2016 PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 22. Consider Planning Commission Recommendation to: 1) Adopt a Mitigated Negative Declaration; 2) Rezone Portions of the Lighthouse Specific Plan Area From Community Commercial (C-2), Open Space (O), and Residential (R1-15 and R-3-5) to Planned Community Lighthouse (PC-LH); 3) Amend Monterey City code Section 38-114.F-G and Section 32-67 to Clarify Parking Regulations; and 4) Repeal the Lighthouse Area Plan and Adopt the Lighthouse Specific Plan (Plans & Public Works - 201-12) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 23. Adopt a Mitigated Negative Declaration and Adopt the Parks and Recreation Master Plan (Plans & Public Works - 809-09) ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. 5 Tuesday, September 6, 2016 UPCOMING MEETINGS AT CITY HALL Sep 7 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Sep 8 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Sep 8 MP Regional Water Authority Meeting, TBD - 7:00 PM Sep 13 Planning Commission Meeting, Council Chamber - 4:00 pm Sep 15 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Sep 15 Zoning Administrator Meeting, Council Chamber - 4:00 pm Sep 19 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Sep 20 Council Regular Meeting, Council Chamber - 4:00 PM Sep 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Sep 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Sep 27 Planning Commission Meeting, Council Chamber - 4:00 pm Sep 28 Oversight Board Meeting, Council Chamber - 7:00 PM Sep 28 Council Study Session, Council Chamber - 4:00 PM Sep 28 Library Board Meeting, Library Community Room - 5:00 PM Oct 3 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM Oct 4 Council Regular Meeting, Council Chamber - 4:00 PM Oct 5 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 6 Zoning Administrator Meeting, Council Chamber - 4:00 pm Oct 11 Planning Commission Meeting, Council Chamber - 4:00 pm Oct 13 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 6

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