Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 4, 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 (arrived at 7:00 p.m.) 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, Finance Director, Community Services Director, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, Principal Planner, Associate Civil Engineer, Transportation Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. and welcomed Mr. Peterson's High School students. He noted that Councilmember Haffa had been held up in another meeting and would arrive later. PRESENTATIONS 1. Review of 'Walk and Bike Safe in Monterey' Program (2015-16) - Grant Funded by the California Office of Traffic Safety (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 409-02) Action: Received report Associate Civil Engineer Renny and Transportation Planner Fields presented the report and answered Councilmembers' questions. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda, had no requests to speak, and closed public comments. CONSENT ITEMS On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent agenda: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. September 20, 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 (4-0-1; Haffa absent)  City Council Minutes Tuesday, October 4, 2016 Award of Contracts 3. Ratify Emergency Work and Award a Construction Contract for Emergency Sewer Repair Work at 2901 Highway 68 (Exempt from CEQA per Article 18, Section 15269(b)) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-194 C.S. (4-0-1; Haffa absent) Ordinances 4. 1st Reading – Ordinance Repealing and Replacing Articles 1.0 and 1.5 of Chapter 9, and Sections 13-0.1 through 13-2 of Chapter 13, of the Monterey City Code; Repealing Section 13-3 of the Monterey City Code; and Adopting the 2016 California Building Standards Code Including the California Building Code and Appendices H, I, J; 2016 California Historic Building Code; 2016 California Residential Code; 2016 California Plumbing Code; 2016 California Electric Code; 2016 California Mechanical Code; 2016 California Green Building Standards Code Including Appendix G and I; 2016 California Fire Code; and 2015 International Property Maintenance Code Except Section 111 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 701-11) Action: Passed Ordinance to print (4-0-1; Haffa absent) 5. 1st Reading - Amend Monterey City Code Chapter 19, Article 4, Section 19-103 and Amend Resolution 15-215 (Master Fee Schedule) to Modify Planning Fees for Historic Preservation Efforts, Installation of Solar Facilities and Cisterns, Appeals, Safe Parking -- Continued from September 20, 2016, Recommended for Tabling (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Plans & Public Works - 407- 06) Action: Tabled (4-0-1; Haffa absent) Resolutions 6. Resolution to Approve Second Supplemental Indenture for the Conference Center Facilities District Bond (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Finance - 407-10) Action: Adopted Resolution No. 16-195 C.S. (4-0-1; Haffa absent) 7. Authorize Purchase of Strength Training Equipment for Monterey Sports Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 309-03) Action: Adopted Resolution No. 16-196 C.S. (4-0-1; Haffa absent) 8. Authorize Agreement with Monterey County Convention & Visitors Bureau for 2016-2017 Destination Marketing and Group Sales Services, Convention Housing and Delegate Services, and Operation of Visitor Information Center (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 902-01) Action: Adopted Resolution No. 16-197 C.S. (4-0-1; Haffa absent) 9. Amend Resolutions 16-165 and 16-170 to Correct the Full-time and Regular Part-time and Part- time Temporary Seasonal Salary Schedules (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 501-01) Action: Adopted Resolution No. 16-198 C.S. (4-0-1; Haffa absent) 2  City Council Minutes Tuesday, October 4, 2016 Other 10. Amend Resolution 15-194 to Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 501-04) Action: Adopted Resolution No. 16-199 C.S. (4-0-1; Haffa absent) 11. Amend Resolution No. 14-073 to Authorize Amendment to City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 501-04) Action: Adopted Resolution No. 16-200 C.S. (4-0-1; Haffa absent) ***End of Consent Agenda*** City Manager McCarthy announced that Finance Director Forbis has accepted a position as Finance Director for the City of Gilroy, and tonight would be his last meeting in Monterey. Mr. McCarthy and the Mayor expressed their appreciation. PUBLIC APPEARANCE 12. Consider Amending Leasing Policies 3, 4, 5 and 6 in Resolution No. 15-056, Restate Existing Policies and Repeal Resolution No. 15-136 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 701-15) Action: Tabled (4-0-1; Haffa absent) City Manager McCarthy said that he had requests from members of the public and some Councilmembers to continue the matter, and Council agreed that they would like to continue it. Mayor Roberson opened public comment on the item. A patron of the restaurants and stores on the Wharf said that she has negotiated commercial leases in the past, and she asked the Council to look at what makes sense for the community and for the business owners. Mary Alice Cerrito Fettis, co-owner of the Scales location, said that the business owners offered input at the previous public meeting, and that input seems to have been ignored. Dr. Vivian Walter Patterson said that she appreciates the delay and encouraged taking a critical look at the matter. Sherry Tuioti, Sally Elves' daughter, voiced concerns that their lease would run out and they would be put on a month-to-month lease. She said they are even more concerned about negotiating under the current leasing guidelines and with the consultant. She asked if there is incentive to replace existing tenants and suggested a flat rate commission. Brianna Cornwall, attorney, voiced concerns regarding subleasing guidelines and asked that the Council apply policies of fairness regardless of their position on the lease. With no further requests to speak, Mayor Roberson closed public comment on the issue. On a motion by Councilmember Smith, seconded by Mayor Roberson, and carried by the following vote, the City Council tabled the item to return no later than November 1, 2016: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council adjourned to Closed Session at 4:34 p.m. 3 City Council Minutes Tuesday, October 4, 2016 Mayor Roberson reconvened the meeting at 7:02 p.m., where all Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on items not on the agenda. Nina Beety asked everyone in attendance to put their wireless devices in airplane mode to help her deal with EMS sensitivity. Kelly King said that there would be a "Harvest for Hope" fundraiser at the Monterey Elks Club on October 23rd for the One Starfish Safe Parking program. Marilyn Garrett recommended a book called Toxic Sludge is Good for You to people who have to make decisions. With no further requests to speak, Mayor Roberson closed public comment. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council gave confidential direction to their negotiator on a roll call vote in a conference with labor negotiators regarding employee organizations General Employees of Monterey, Monterey Firefighters Association, and Monterey Police Association. She reported that the vote was 4-0-1, with Haffa absent. WATER UPDATE Councilmember Downey said she was invited to the groundbreaking ceremony for the new pipeline. She said she would like to invite CalAm representatives to give a full presentation on that pipeline. Mayor Roberson said that CalAm will be making a presentation to the CONA and other neighborhoods regarding this topic. COUNCIL COMMENTS Councilmember Downey announced that MST is creating a smart phone app that will tell people when the bus is going to arrive. She said that she receives many questions regarding leases and she asked that staff write an op-ed for the newspaper. Councilmember Barrett said he would object to staff writing an opinion piece. Mayor Roberson suggested agendizing the topic. Ms. Downey said that a petition submitted at the last meeting by the Fisherman’s Grotto had 6,000 signatures with 11% from Monterey residents. She asked for research on warming shelter attendance. She reported that Dr. Steve Webster gave a presentation at the Aquarium on Climate Change, and she hoped the City would have a more detailed presentation. She encouraged support for the new Community Foundation fund for a warming shelter. Mayor Roberson said that October 26 at 7:00 is the scheduled date for a presentation at CONA community Center by CalAm on the pipeline. Councilmember Smith said that he has been out of town visiting his new granddaughter, Stella Harper. He reminded everyone that there will be a ribbon cutting at new basketball court on Saturday. He said that there is a groundbreaking ceremony on October 17 for the new water pipeline. Councilmember Barrett reported that a community capital conference, “ComCap,” will be held next year to discuss how communities can productively and profitably engage with businesses. He said that he attended the grand opening celebration for the Move Dance Studio on Franklin, and it was very impressive. He encouraged everyone to look into that studio. 4  City Council Minutes Tuesday, October 4, 2016 Councilmember Haffa reported that he attended the Kiwanis Club, where they installed their new Board President, Wayne Cruzan. He said that he attended the opening of the replica of Juan Rodríguez Cabrillo’s San Salvador ship, as well as a recent Monterey Vista neighborhood association meeting, where he had a great time. Mayor Roberson said that one of the major jobs of a City is infrastructure, and he said that the staff has put together a brochure regarding how the Measure P funds have been spent to upgrade and maintain our infrastructure. He described some of the comprehensive work being done installing new sewer lines. He reported on the progress being made on the roundabout and the Conference Center, pipeline, and NIP projects. CITY MANAGER REPORTS City Manager McCarthy noted that the new basketball court was funded by NIP, as well as the Jack's Park backstop. He reported on his recent trip to Washington DC Housing & Urban Development to secure funding. He said that he visited the Pentagon where the “Monterey Model” was discussed. Mr. McCarthy reported that he had the honor to participate in Elizabeth Dole's Hidden Heroes campaign while he was there. PUBLIC HEARING 13. Approve Appeal 16-374 of Planning Commission Decision; and Uphold Zoning Administrator Decision to Approve Use Permit 16-138 for a New Personal Wireless Service Facility located near 860 Wave Street; Appellant Crown Castle NG West LLC; Owner City of Monterey; Zoning District C-2; Exempt from CEQA Requirements per Article 19, 15303 (Plans & Public Works - 203-02) Action: Continued to October 18, 2016 pending a site visit City Manager McCarthy introduced Principal Planner Caraker, and she presented the staff report and answered Councilmembers' questions. On question, Tripp May, City's outside counsel, reviewed legal issues as they relate to the Planning Commission's findings and the FCC and CPUC rules and regulations. On question, Mr. May clarified that the City could require a CEQA review. Mayor Roberson opened the floor to the Appellant. Joshua Trauner, Government Relations Counsel for Crown Castle NG West, Applicant and Appellant, said that this installation would have no fan so would make no noise. He stated that these facilities are low emission and emanate laterally from the facility. On question, he said that they run at 20 or 40 watts. On further question, he said that a maximum number of facilities would be 6-8 per square mile and the range is approximately one-quarter mile. He said that the installations have an obligation to comply with the FCC's regulations regarding EMF. Mayor Roberson opened the Public Hearing. Jean Rash, Monterey Vista resident, spoke in support of the Planning Commission decision and asked Council to uphold their decision. Nina Beety, Monterey resident, said that this would be a new use of the public right-of-way, and she opposed the use and asked Council to deny the appeal and uphold the Planning Commission decision. Drew Lewis urged Council to deny the appeal. Melissa McComb advocated denial of the appeal and upholding the Planning Commission decision. Marilyn Garrett, Aptos resident, spoke in opposition to the appeal and urged Council to uphold the Planning Commission decision. She submitted an article regarding wireless radiation. She asked what carriers were represented by Crown Castle. 5  City Council Minutes Tuesday, October 4, 2016 Mayor Roberson reopened the floor to the Appellant. Mr. Trauner said that Crown Castle is representing Crown Castle. He said that last year's survey indicates that 70% of 911 calls are made from a wireless device, and Crown Castle is helping enable these networks. He said that the application complies with the laws and a request for aesthetic improvements was accommodated. He asked for a continuance if there were questions that might result in a denial. Mayor Roberson closed the Public Hearing, called a recess at 8:33 p.m., then reconvened the meeting at 8:45 p.m. Mr. May described the Federal substantial evidence standard that requires the Council to make findings in order to deny the application. He said the EMF emissions of the proposed facility comply with those standards, but the City can continually regulate and make sure it continues to comply. He explained how the adjacent residence could be affected in the future. He said that there has to be specific evidence regarding property values, and that Council has aesthetic regulatory authority. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to uphold the Planning Commission decision and deny the appeal due to the historical nature of the surrounding area and the potential for view impacts: Councilmember Haffa said that the view impacts would be due to the proliferation of the poles. Councilmember Smith said that he does not like the federal regulations but he is having difficulty finding reasons to deny the appeal under the FCC regulations, and due to the constraints of the federal law, he cannot support the motion. Councilmember Haffa said that he believes there should have been a more thorough CEQA review. Mr. May said that specific issues would have to be identified to address through CEQA. Councilmember Barrett said that he also does not like the FCC regulations, but the City is constrained. Councilmember Smith said that he would like more time to do a site visit. Councilmember Haffa withdrew his motion. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the item to the October 18, 2016 pending a site visit: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. 1st Reading – M.C.C. Section 38-112.4 Personal Wireless Service Facilities to Reflect Changes in Cellular Technology (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Amended and passed Ordinance to print Deputy City Manager Pick introduced the item and Senior Associate Planner Bennett, who also serves as the Zoning Administrator, presented the staff report and answered Councilmembers' questions. Councilmember Haffa suggested looking into regulating noise based on the "continuousness." 6  City Council Minutes Tuesday, October 4, 2016 Mr. May gave a regulatory overview for wireless facilities, explaining that the proposed ordinance gives the least intrusive means under which the facilities may be developed. The City's Ordinance must allow a provider to close a significant gap in service through the least intrusive means. Mr. May reviewed the procedural limitations, such as a reasonable time frame, written decision, and substantial evidence. Mayor Roberson opened the Public Hearing. Nina Beety said that other attorneys have a different perspective on the case law, and she believes that Council has the authority to prohibit these uses based on discrimination under the ADA. She urged Council to fight the Federal and State laws. She said that there is no need to rewrite the ordinance. She voiced concerns regarding noise. Jean Rash asked to be notified of the site visit. Drew Lewis said that the Telecom Act was written by the industry and their lobbyists. He said that this is a serious health issue. Marilyn Garrett said that Council is obligated to protect the public's health and well-being, and she submitted a document regarding health abnormalities. She said that colocation is required. Melissa McComb said that people are being disabled by these facilities and children are being pulled out of school. With no further requests to speak, Mayor Roberson closed the Public Hearing. It was moved by Councilmember Haffa, to continue the item to October 18, 2016. The motion died for lack of a second. Councilmember Haffa said that he would like the staff to look at modifying the noise ordinance, and said that he is interested in looking at the height issue. Councilmember Smith suggested passing the Ordinance now, possibly changing it prior to the second reading. Councilmembers discussed specific sections of the Ordinance and considered potential changes. On question, City Attorney Davi said that she has no concerns regarding CEQA and is not recommending continuance. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council passed an Ordinance to print amending M.C.C. Section 38- 112.4 Personal Wireless Service Facilities to Reflect Changes in Cellular Technology, amending sections F2 and F3 to eliminate "to the extent feasible" and removing the last sentence in H.2.e: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. 1st Reading – M.C.C. Chapter 38 Amendment to Amend Section 38-11 (Definitions) and Section 17(P) (Use Classifications); Add New Article 16B Establishing an Overlay District for Emergency Shelters and Amend Zoning Map to apply Emergency Shelter Overlay District to the General Commercial (C-3) Zoning District (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Continued to October 18, 2016 7  City Council Minutes Tuesday, October 4, 2016 On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council continued Items 15 and 16 to October 18, 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 16. 1st Reading – M.C.C. Chapter 38 Amendments: Section 38-11 to Add Definitions for Supportive Housing and Transitional Housing; Sections 38-22, 38-23, 38-24, 38-25, 38-28, 38-29, 38-30, 38-31, 38-32 to Allow Supportive Housing and Transitional Housing as Permitted Uses; Replacing Section 38-26(I) (Low- and moderate-income housing) With New Section 38-112.5 (Density Bonus); and Adding New Article 30 to Provide Procedure to Request Reasonable Accommodations for Persons with Disabilities; and Amend Downtown, North Fremont, and Lighthouse Specific Plans to Define and Permit Supportive and Transitional Housing (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Continued to October 18, 2016 ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 10:47 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources / City Clerk Mayor 8