Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 20, 2016 4:00 - 5:30 PM 7:00 - 11:00 PM COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Barrett, Haffa, Roberson Absent: Councilmember Smith City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Deputy City Manager, Plans and Public Works, Community Services Director, Fire Chief, Finance Director, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Comp, Housing & Property Manager, City Engineer CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Catherine Stedman, California American Water Company, gave a brief report on the status of the new pipeline construction. Patricia Domingo, New Monterey resident, asked Council to look a noise reduction measures, especially with regard to gas powered leaf blowers. Rebecca Perry agreed with the previous speaker. She thanked the Council for the Tuba Christmas event and said that third annual Tuba Christmas is scheduled for December 2017. Having no further requests to speak, the Mayor closed public comments. CONSENT ITEMS Mayor Roberson asked to remove Item 10 from the Consent Agenda. He opened public comments on the Consent Agenda. Mike Brassfield asked that Item 10 be discussed and decided tonight. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda, except Item 10: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. December 6, 2016 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved (4-0-1; Smith absent)  City Council Minutes Tuesday, December 20, 2016 Award of Contracts 2. Award On-Call Plan Review Professional Service Agreements (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 202-04) Action: Adopted Resolutions No. 16-255 C.S., 16-256 C.S., and 16-257 C.S. (4-0-1; Smith absent) Ordinances 3. 2nd Reading – Rezone 733 Madison Street from R-1-20 to R-1-20-H-2 (Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31) (Plans & Public Works - 701- 11) Action: Adopted Ordinance No. 3557 (4-0-1; Smith absent) Resolutions 4. Confirm Imposition of Debt and Approve Special Assessment Against Real Property (416 Drake Avenue) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-08) Action: Adopted Resolution No. 16-258 C.S. (4-0-1; Smith absent) 5. Adopt a Resolution Certifying an Addendum to the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the City-wide Sanitary Sewer Rehabilitation Program (Plans & Public Works - 204-04) Action: Adopted Resolution No. 16-259 C.S. (4-0-1; Smith absent) 6. Authorize the Mayor to Sign a Notice Of Voluntary Lot Merger to Merge City Owned Property at 613, 619, 637, 651 & 669 Van Buren Street in the City of Monterey (The Van Buren Street Senior Housing Project) (Exempt from CEQA Article 19, Section 15305, Class 5) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 16-260 C.S. (4-0-1; Smith absent) 7. Authorize Appropriation from CIP Contingency to the Relocation of Police Department Storage and Creation of Staff Offices at 601 Wave Street (See Agenda Report for Specific Project Environmental Determination) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-261 C.S. (4-0-1; Smith absent) 8. Amend Master Fee Schedule, Resolution 15-215, Effective January 1, 2017, to Increase Notary Public Fees Pursuant to Assembly Bill 2217 and Expand Revenue Opportunities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 407-06) Action: Adopted Resolution No. 16-262 C.S. (4-0-1; Smith absent) 9. Adopt a Resolution Amending the Benefits for Monterey Firefighters Association (MFFA), Monterey Police Association(MPA), Regular Part-time (RPT) and Part-time Temporary Seasonal (PTS) to include Resident Rates for Non Resident City of Monterey Employees’ and their Families for Recreation Programs/Services (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. 16-263 C.S. (4-0-1; Smith absent) 2  City Council Minutes Tuesday, December 20, 2016 Other 10. Provide Guidance Concerning 2017 Neighborhood Improvement Program Objectives (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 701-01) Action: Removed from Consent; discussed; provided guidance recommending projects 1, 2, 3, 4, and 6 for NIP funding by consensus Mayor Roberson gave an introduction to the item. He suggested that the Parks and Recreation Commission and the Library Board could sponsor the first four items, and he believes that the fifth and sixth projects should be considered under the City’s CIP. City Engineer Krebs presented the staff report and answered Councilmembers' questions. Council discussed the process for giving direction to the NIP. Councilmember Haffa agreed with the Mayor regarding projects 5 and 6. He highlighted project 4, saying that having enough restrooms in public places is important. On question, Mr. Krebs reviewed the Iris Canyon Creek project. Mayor Roberson said that he is comfortable that projects 1 through 4 and number 6 are eligible for the NIP program. Councilmember Albert agreed that project 5 should be funded through the CIP. There was consensus on the Council to recommend 1, 2, 3, 4, and 6. ***End of Consent Agenda*** PUBLIC HEARING 11. 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, November 1, and November 15, 2016, and Recommended for Continuance to January 17, 2017 (Plans & Public Works - 701-11) Action: Continued to January 17, 2017 (4-0-1; Smith absent) On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to January 17, 2017: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. 1st Reading – 1) Amend City Code Section 38-11 to Add Definitions for Accessory Dwelling Units; and Sections 38-22, 38-23, and 38-25 to Allow Accessory Dwelling Units as Permitted Uses; 2) Replace Section 38-23(f) (Prohibition of Second Units) and Sections 38-25(D)(k) & (l) with New Section 38-26(s) (Accessory Dwelling Units); 3) Amend Section 38-115 to Add Parking Requirements for Accessory Dwelling Units; and 4) Amend Section 38-153(b) to Add Administrative Procedures for Accessory Dwelling Units (Exempt from CEQA per Public Resources Code Section 21080.17) (Plans & Public Works - 701-11) Action: Passed Ordinance to print (4-0-1; Smith absent) 3 City Council Minutes Tuesday, December 20, 2016 Chief of Planning Cole presented the staff report and answered Councilmembers' questions. She introduced outside counsel, who answered additional questions. Mayor Roberson opened the Public Hearing. Jean Rush, Monterey Vista neighborhood, asked about square footage requirements. Patricia Domingo offered Season's Greetings. She asked Council to pass the Ordinance, voicing concerns regarding safety, lack of space, and density. She said that the cities should challenge the State on "one size fits all" mandates. Lincoln Wagenall supported the City's approach of retaining maximum local control on this ordinance. He asked if there is any additional work individuals could do to assist. Richard Ruccello said that because the City has no water, this matter will not become an issue for some time. He asked who gets served first when the water comes online. He proposed not using the term "affordable housing” because the City is prohibited from requiring it. He asked that the entire State of California push back against this legislation. April Harrison, Old Town resident, said that her neighborhood already has parking issues and voiced concerns about the scarcity of water. She said that the ordinance should be passed if it is the best that we can do to maintain the most local control and single family character. Mike Brassfield agreed with Mr. Ruccello, saying that this increases density and calls for City services. He suggested that the Council send a letter to the Governor objecting to the legislation. He said that this would increase the real estate costs by making properties more valuable. With no further requests to speak, Mayor Roberson closed public comments. On question, counsel did not recommend requiring a larger lot size than the current 5,000 square feet, as it would be a red flag. She clarified that the State did not allocate additional funds for this legislation and found that cities could accommodate the additional units with existing services. Mayor Roberson said that the only alternative regarding parking, safety, and noise would be to contact state representatives and encourage changes to the law. Ms. Cole said that under the current CDU new water meters cannot be set. She said that staff would update Council as applications come across the counter for permits. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed the Ordinance to print amending City Code Section 38- 11 to add definitions for accessory dwelling units; and Sections 38-22, 38-23, and 38-25 to allow accessory dwelling units as permitted uses; 2) replace Section 38-23(f) (Prohibition of Second Units) and Sections 38-25(D)(k) & (l) with new Section 38-26(s) (Accessory Dwelling Units); 3) amend Section 38-115 to add Parking Requirements for Accessory Dwelling Units; and 4) amend Section 38-153(b) to add Administrative Procedures for Accessory Dwelling Units: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None With no requests to speak on the closed session items, Mayor Roberson adjourned the meeting to closed session at 5:00 p.m. Items 10, 13 and 14 were heard during the evening session. The City Council reconvened at 7:00 p.m. All were present except Councilmember Smith. 4  City Council Minutes Tuesday, December 20, 2016 PUBLIC APPEARANCE 13. Appoint 2017 Representatives to Outside Agencies and City Subcommittees, and Adopt a Resolution to Appoint the Primary and Alternate Directors to the Monterey Peninsula Regional Water Authority (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed representatives; adopted Resolution No. 16-264 C.S. (4-0-1; Smith absent) Mayor Roberson introduced the item. Councilmember Barrett suggested that there should not be a subcommittee of one to make recommendations on Board and Commission appointments. Mayor Roberson disagreed, saying that he believes interviews should be conducted in a more private setting. Councilmember Haffa agreed with the Mayor. Council decided to wait until Councilmember Smith returns to decide the issue. Mayor Roberson opened public comments on the item, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved appointments to the 2017 Representatives to Outside Agencies and City Subcommittees, except the Board and Commission Appointment Subcommittee, which was postponed, and adopted a Resolution 16-264 C.S. to appoint the Primary and Alternate Directors to the Monterey Peninsula Regional Water Authority: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None OTHER BUSINESS 14. Discuss and Direct Staff Regarding a Possible Reordering of Items on the City Council Agenda (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 707-06) Action: Directed staff to reorder items on the agenda (4-0-1; Smith absent) Mayor Roberson suggested changes to the order of the agenda. Councilmember Haffa voiced concerns about embedding the water update in Council Comments and moving them to the end of the meeting. He suggested having a quarterly update. Councilmembers discussed having a quarterly water update versus having one as needed. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Mayor's recommendations, except directing that there would be quarterly water updates: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5 City Council Minutes Tuesday, December 20, 2016 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments. Marlene Perfecto Huckleberry asked Council to give her a voucher for a hotel for four days over Christmas. City Manager McCarthy explained that the Council can only address this issue through an agendized item. He said that he has contacted the Police Department to determine if they have any vouchers on hand. Lee Shahinian, Monterey Sand Matters, voiced concerns regarding coastal erosion in the area. He asked Council to write legislators asking for an immediate cease and desist order for Cemex operations. Bob Maddis expressed his appreciation for the depth of deliberation that the City Council brings to issues in these meetings. He spoke in support of Monterey's sand and sediment management on the beaches. Mark McKeller, Monterey resident and member of Sand Matters, voiced concerns about Cemex sand mining and beach erosion. Steve Hanley, Monterey resident, voiced concerns regarding beach erosion and how it might affect his new home. He asked Council to agendize an item to take a position and write the Coastal Commission asking for a cease and desist order to stop Cemex from mining sand. Having no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Director of Information Resources/City Clerk Gawf announced the following: On three separate roll call votes, the City Council gave confidential direction to their labor negotiators in a conference with those negotiators regarding employee organizations: Monterey Fire Fighters' Association, Monterey Police Association, and Regular Part-Time employees. Each of the three votes was 4-0-1, with Councilmember Smith absent. WATER UPDATE Mayor Roberson gave a brief update. COUNCIL COMMENTS Councilmember Barrett asked to agendize the Cemex issue. Councilmember Haffa agreed. Councilmember Haffa said that it has been a busy time with activities and celebrations. He reported that the FORA Board approved the RV park for Del Rey Oaks. Councilmember Albert said that the Board and Commission reception was a wonderful event that celebrates the Board and Commission Members. He said that he attended Tuba Christmas. He stated that he looks forward to discussing the Wharf guidelines in February, and his expectation is that it will be positive. He wished his fellow Councilmembers and staff Happy Holidays. CITY MANAGER REPORTS City Manager McCarthy announced that City Hall would be closed for the holidays on December 23, 26, and 27, with some departments closed for the entire week between 6 City Council Minutes Tuesday, December 20, 2016 Christmas and New Year’s. He said that the January 3 Council meeting would be cancelled. Mr. McCarthy reported on the donation of the unclaimed cross to a local church. He said that the City is in informal talks with a minor league baseball team to bring professional baseball back to Monterey. City Manager McCarthy reported on the recent successful toy drive and showed a video of Santa and the Firefighters delivering gifts. ADJOURNMENT Mayor Roberson opened public comments on closed session items, had no requests to speak, and adjourned the meeting to closed session at 8:13 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: In a conference with their legal counsel regarding existing litigation, Colletto v City of Monterey, the City Council gave confidential direction to their counsel on a 4-0-1 roll call vote, with Councilmember Smith absent. The City Council gave confidential direction to their real property negotiators in a conference with negotiators Pick and Marvin regarding property at 595 Munras Avenue, negotiating parties: Foothill Partners, Inc., Doug Wiele, and Carl Outzen; under negotiation: terms and conditions for a proposed ground lease. The vote was 4-0-1, with Councilmember Smith absent. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources / City Clerk Mayor 7