Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 15, 2016 4:00 - 7:00 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, Finance Director, Principal Engineer, Senior Associate Planner, Associate Civil Engineer CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Legislative Update from Assemblymember Mark Stone (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-01) Action: Received report Mayor Roberson introduced Assemblymember Mark Stone, who gave an update regarding the State legislature, including the current state of the budget, education, child welfare system, and environment. He reported on prison reform. He asked if there is anything he can do to help the City. He thanked Councilmember Downey for her years of service to the City. 2. 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: Recognized Staff Sergeant Steven J. Behringer and Specialist Nathanael Guajardo Mayor Roberson presented Proclamations to Staff Sergeant Behringer and Specialist Guajardo, and they each made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Chuck Cech made clarifications regarding the ASR pipeline and advocated for an analysis regarding the use of the existing pipeline versus the need for a completely new one. Dan Presser said that the cost of using the ASR pipeline would only be $10-$15 million, not the $150 million for the new pipeline. George Riley said that community groups seem to always be behind on issues. He asked that  City Council Minutes Tuesday, November 15, 2016 the idea for using the ASR pipeline have an engineering study. David Beech submitted a written rebuttal of the City Attorney's opinion on appealability of permit ST16-094. He said that it is an encroachment permit and is appealable, and time is of the essence to hear the appeal so an engineering study can be implemented. Michael Baer said that the use of the ASR pipeline idea was brought up last February and it did not get traction. He said that he has put in hundreds of hours reviewing documents, but does not have a seat at the table nor is he kept in the loop. Having no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Barrett asked to remove Items 4, 7, 9, and 11 from the consent agenda, and Councilmember Downey asked to pull Item 8. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent agenda, except Items 4, 7, 8, 9, and 11: 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 3. November 1, 2016 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Ordinances 4. 1st Reading – Amending Chapter 28 of the Monterey City Code to Update Public Works Project Purchasing Practices, and Other Necessary Purchasing Ordinance Revisions Following Passage of Measure I (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 405-01) Action: Removed from Consent; discussed, passed Ordinance to print On question, Finance Director Porter reviewed the "Public-Private Partnership" section 28-23. City Attorney Davi explained the provisions further. Councilmember Smith cited an example of the development of the Lower Presidio. Mayor Roberson opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council passed an Ordinance to print amending Chapter 28 of the Monterey City Code to update Public Works project purchasing practices, and other necessary Purchasing Ordinance revisions following passage of Measure I: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, November 15, 2016 Resolutions 5. Approve Modifications to City of Monterey Records Retention / Disposition Schedule (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 104-03) Action: Adopted Resolution No. 16-226 C.S. 6. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects under the Presidio of Monterey Base Operations and Maintenance Contract ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-227 C.S. 7. Appropriate Funds from the Tidelands Trust Fund and General Fund, and Amend the Legal Services Agreement with Best Best & Krieger, LLP (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 406- 04) Action: Removed from Consent; discussed; adopted Resolution No. 16-228 C.S. Councilmember Barrett expressed uneasiness with the term, "not to exceed" and said that he is uncomfortable appropriating funds at this time. On question, City Attorney Davi explained that this item places a cap on the project, and the monies do not have to be spent. Mayor Roberson opened public comments, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-228 C.S., appropriating funds from the Tidelands Trust Fund and General Fund, and amended the Legal Services Agreement with Best Best & Krieger, LLP: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Authorize the City Manager or Designee to Enter into a Contract of Acquisition to Purchase an Easement Deed over Portion of the Land at 500 Sloat Avenue and to Sign the Certificate Accepting the Easement (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-01) Action: Removed from Consent; discussed; adopted Resolution No. 16-229 C.S. Deputy City Manager Pick gave a brief presentation and answered questions. Upon opening public comments on the item, the Mayor had no requests to speak, and he closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-229 C.S. authorizing the City Manager or his designee to enter into a Contract of Acquisition to Purchase an Easement Deed over portion of the land at 500 Sloat Avenue and to sign the Certificate Accepting the Easement: 3  City Council Minutes Tuesday, November 15, 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 9. Approve an Appropriation of Community Development Block Grant Funds for the Montecito Park Safety Improvements Project ((Exempt from CEQA per Article 19, Section 15303, Class 3 and Categorically Excluded from NEPA and Converted to Exempt per 24 CFR 58.34(a)(12)) (Plans & Public Works - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 16-230 C.S. On question, Housing and Property Manager Marvin gave an update regarding affordable housing and emergency shelter sites. Councilmember Barrett suggested that Council consider as part of CDBG, another low interest loan program to help fund new state-wide legislation. He noted that it is reported that approximately 7.8% of Monterey citizens live at or below the poverty level, but the real cost measure report says 1 in 4 are living at or below poverty level. Councilmember Smith noted that these funds are being used to improve Montecito park. Councilmember Haffa thanked Councilmember Barrett for bringing forward the information, and said that many people in Monterey are living on the edge. Mayor Roberson opened public comments, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-230 C.S. approving an appropriation of Community Development Block Grant Funds for the Montecito Park Safety Improvements Project: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Authorize Application for the 2016 Alcoholic Beverage Control’s ABC-OTS Grant Program and, if Awarded, Authorize the City Manager, or his Designee, to Enter into a Contract and Appropriate the Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 16-231 C.S. 11. Authorize the Payment for FY 2016-2017 to the Old Monterey Business Association for Private Security (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 16-232 C.S. (3-2; Barrett and Haffa voting no) Councilmember Barrett said that private security was first approved in 2014, albeit with reservations regarding liability. He said that he continues to have those concerns, and he would prefer not to fund the private security, but would rather use a neighborhood-watch approach. 4  City Council Minutes Tuesday, November 15, 2016 Mayor Roberson clarified that the security funding was approved for two years during the last budget hearing, and this is simply to appropriate those funds for the formerly approved program. Councilmember Downey said that she believes the program should be maintained. Councilmember Haffa said that he would prefer to hire another police officer, and his understanding is that can be done during the next budget year. Councilmember Smith said that he serves on the OMBA, and there are more residents in the Downtown. He said that the security contract allows additional eyes on the street for longer hours than a single police officer position. Councilmember Haffa suggested that Council direct staff to return with an alternative solutions such as neighborhood watch. Councilmember Barrett said that he is not able to support this issue, as this is more appropriate for police. Councilmember Haffa agreed. Mayor Roberson opened public comments. Chuck Cech asked for additional information on the program, and City Manager McCarthy explained it. Having no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-232 C.S., authorizing the payment for FY 2016-2017 to the Old Monterey Business Association for private security: AYES: 3 COUNCILMEMBERS: Downey, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 12. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-01) Action: Approved ***End of Consent Agenda*** PUBLIC HEARING 13. 1st Reading – Rezone 1250 Seventh Street from R-3-6 to R-3-6-H-2 and Adopt a Resolution Authorizing a Mills Act Contract; Applicant/Owner Malcolm Jack and Kyoko Ikemoto; R-3-6 Zoning District; Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31 (Plans & Public Works - 203-02) Action: Held Public Hearing; passed Ordinance to print; adopted Resolution No. 16-233 C.S. City Manager McCarthy introduced the item, saying that this will be Senior Planner Christy Hopper's last meeting with Monterey because she is moving on to the City of Marina as the Planning Manager. Senior Planner Hopper thanked the Council, City Manager and Planning staff for her time in Monterey. She presented the staff report and answered Councilmembers' questions. 5  City Council Minutes Tuesday, November 15, 2016 Mayor Roberson opened the Public Hearing. There were no requests to speak, and the Mayor closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed an Ordinance to print, rezoning 1250 Seventh Street from R-3-6 to R-3-6-H-2 and adopted Resolution 16-233 C.S., authorizing a Mills Act Contract: 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. Consider Amendment to Lighthouse Specific Plan to Prohibit Ground Floor Residential Uses on Lighthouse Avenue With An Exception for Existing or Previously Occupied Residences (Mitigated Negative Declaration Previously Certified) (Plans & Public Works - 201-12) Action: Held Public Hearing; adopted Resolution No. 16-234 C.S. Chief of Planning Cole presented the staff report and answered Councilmembers' questions. Mayor Roberson opened the Public Hearing. Carl Outzen said that drastic changes have been made. He noted that a development proposed on Fremont Street has 1340 square feet of commercial with five 1700 square foot apartments, each with an enclosed garage rather than utilizing shared parking. He suggested revisiting the entire specific plan, including parking along with requiring commercial only on the first floor. He said that no buildings should be allowed behind the building on the street front. With no further requests to speak, Mayor Roberson closed the hearing. Senior Planner Cole said that the proposed ordinance will only allow ground floor commercial and no new ground floor residential. She said that the plan provides flexibility, which could include more than one building on a site. She said that she recommends allowing flexibility. She said that existing laws allow either parking spaces or a garage, and residential uses must have parking, and the building code has no maximum square footage for residential uses. She clarified that shared parking is allowed on Lighthouse. Councilmember Haffa thanked Mr. Outzen for bringing this matter to the Council's attention. Councilmember Barrett voiced concerns regarding the affordability of larger apartments. Councilmember Haffa agreed, and suggested that Council might ask the Planning Commission explore that issue. Chief of Planning Cole suggested that staff could bring back a report on how the mixed uses are currently developing. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved option 2, adopting Resolution No. 16-234, an amendment to the Lighthouse Specific Plan to prohibit ground floor residential uses on Lighthouse Avenue with an exception for existing or previously occupied residences: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6  City Council Minutes Tuesday, November 15, 2016 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) – Continued from October 4, October 18, and November 1, 2016, and Recommended for Continuance to December 20, 2016 (Plans & Public Works - 701-11) Action: Continued to December 20, 2016 On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the matter to December 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 WATER UPDATE Mayor Roberson said that the Water Authority received reports and took no action at their last meeting. Councilmember Downey explained that the Chair of the Water Management District had originally voted for an EIR on the ASR pipeline, but changed her vote when she got to the governance committee because it already had been done. Councilmember Haffa said that he does not want to stop progress on the water project, but he believes the pipeline issue merits more investigation. He asked if Council wants to further investigate the alternative path, and what would be the process. Councilmember Smith said that he believes that the pipeline is beyond the City's scope and authority because it is not a City project and has been approved by the appropriate agencies, including the PUC. Mayor Roberson opened public comment on the item. Chuck Cech said he watched the video of Mr. Stoldt's comments at the last Council meeting. He said that the operations and maintenance costs quoted by Mr. Stoldt were understated for the new pipeline and overstated for the ASR pipeline, and the smaller pipe can deliver sufficient water at about one-tenth the cost. David Beech said that the City is open to an enormous liability when the pipeline construction commences due to potential loss of life and property. He referenced the San Bruno accident, and said that the City has very little coverage under the permit, and it is an unnecessary risk that would be eliminated by using the ASR pipeline. He asked Council to revoke the permit. George Riley said that the ASR pipeline was brought to the table late, but it is a valid idea. He recommended that Council review their liability limits on the pipeline build and acknowledged that time has run out. Ian Crooks, Cal Am, said that fake controversies and false statements are being asserted. He said that the ASR alternative was considered early on and thrown out. He said that there is no design, EIR, permits, approvals, or plan, and it would be costly and time-consuming to begin that process now, and the $15 million price has no basis in fact. He said that the new pipeline has been studied and approved, with public meetings conducted, including by the CPUC. He said that Cal Am has met two CDO milestones, and it would be the wrong direction to stall the project now. Chris Cook, Assistant Engineering Manager at Cal Am, gave an update on the pipeline progress and the plan for upcoming actions. He said the work is well underway and on schedule. Having no further requests to speak, Mayor Roberson closed public comments. 7 City Council Minutes Tuesday, November 15, 2016 COUNCIL COMMENTS Councilmember Haffa said that the FORA Board is considering a proposal to extend FORA and is recommending exploration of legislative opportunities, while staff is creating a transition plan in case there is no extension. He said that FORA has the ability to tax, but jurisdictions do not. Councilmember Smith reported that he attended the OMBA meeting announced that the tree lighting ceremony will be held on December 2. He said that AMBAG received a favorable audit, ending the year with a surplus. Mr. Smith reported on the TAMC Rail Subcommittee plans. He said that he attended the City of Monterey Ambassador graduation of several City employees and noted that Chief Hober participated. He asked for an update on the grant application for the Housing project on Van Buren. He said that Measure X is passing, and he suggested a study session connected to the budget process to plan for those funds. Councilmember Barrett noted that the pipeline project is beginning with the Highway 68 Bridge, and he would like to have design issues addressed. Mayor Roberson noted that Deputy City Manager Pick is working with Cal Am on that. Mr. Barrett said he is grateful for his mother, who has been with him in spirit for a little over a year. He thanked the primary care givers in the community. Mayor Roberson reported on a recent neighborhood presidents’ meeting saying that it was successful. He said that the Coastguard Auxiliary Change of Watch is working on boating safety and education. The Mayor said that he enjoyed the Big Sur Half Marathon. He reported on the Old Monterey Neighborhood an ice cream social. Councilmember Downey reviewed highlights of her years on the Council, including: water enhancement; hiring a professional leasing consultant; downtown revitalization, advocating for the underserved, historical preservation, environmental activity (plastic bag ban, no smoking on beaches, anti-litter), supporting local fishermen, trolley, recycling & composting & Methane support, Trader Joe's, and numerous other accomplishments. She recommended Alan Haffa to take her position on water. She said that encouraged Council to look at campaign finance. She said that the City does not do a very good job with public relations and informing and educating people. She encouraged the Council to find time for a retreat and to go see the GWR pilot program. She thanked her husband, Wayne Downey, for his help and support. CITY MANAGER REPORTS City Manager McCarthy said that he had no report. Mayor Roberson opened the floor for public comments on the closed session item, had no requests to speak, and closed the floor. Council adjourned to closed session at 6:40 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council gave unanimous confidential direction to their negotiators on a roll call vote in a conference with labor negotiators regarding GEM, MFFA, and MPA. 8 City Council Minutes Tuesday, November 15, 2016 ADJOURNMENT Having no further matters to come before the City Council, Mayor Roberson adjourned the meeting at 6:59 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources / City Clerk Mayor 9