Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 17, 2017 7:00 p.m. - 11:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Barrett, 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, Human Resources Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, Finance Director, Principal Planner, Principal Engineer, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported the following Closed Session actions. The City Council received a report in a conference with real property negotiators Stafford, Pick, Cole, and Aldrete regarding property at 6 Fisherman's Wharf, Suite A, negotiating Parties: SFO Forecast Inc.; under negotiation were terms and conditions for a new lease. In a conference with legal counsel, the City Council unanimously gave confidential direction to their legal counsel regarding existing litigation, Turn Down the Lights v City of Monterey. In a conference with legal counsel regarding existing litigation in the case of Guinvarch vs. City of Monterey, Workers’ Compensation Appeals Board, the City Council gave confidential direction to their legal counsel on a vote of 4-0-1, with Councilmember Smith abstaining. Ms. Gawf reported that Closed Session Item 4 was not discussed. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Judy Karas said that she worked at the First Night will call table, and she hopes the Council will support next year’s 25th anniversary of this wonderful event. She said that it is wrong to have a problem with homelessness because of the large amount of money spent on the military. She asked people to support an oil severance tax for California to provide services for people. Nina Beety voiced concerns about a report that male rats developed brain tumors after being exposed to radiation. She said that barriers to access in the Council Chamber exist due to EMF and she asked Council to monitor and respond to the health issues around the radiation.  City Council Minutes Tuesday, January 17, 2017 Lorna Moffett agreed with the previous speaker. She said that Hillary Clinton was elected President of the United States and Donald Trump is not qualified. She said that President Trump will bring on a new age with disregard for the environment and a lack of pollution control. She asked the City to put solar panels on all rooftops. Marleen Perfecto Huckleberry asked Council to address problems with the food supply. Having no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson noted that there is a request from the public to remove Item 10 from the Consent Agenda for discussion. City Manager McCarthy said that staff is asking Council to delete recommendation #4 for the award to DMC on Item 6. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Item 10, and with the change to Item 6: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. November 15, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-09) Action: Approved 2. December 20, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-09) Action: Approved Award of Contracts 3. Approve a Supplemental Appropriation and Transfer of Funds and Award a Construction Contract for the Montecito Park Basketball Court, Turf, and ADA Project ***NIP/CIP/CDBG*** (Exempt from CEQA Article 19, Section 15303, Class 3 and Exempt from NEPA Section 58.34(a)(12)) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-001 C.S. 4. Award Water Treatment for Boiler/Cooling Tower/Chiller Treatment On-Call Services for City of Monterey, Presidio of Monterey, Ord Community (DMDC), and Camp Roberts Service 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 - 701-17) Action: Adopted Resolution No. 17-002 C.S. 5. Award Contracts for On-Call Signal and Traffic Equipment Maintenance Contractor 2017 (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-003 C.S., 17-004 C.S., and 17-005 C.S. 2  City Council Minutes Tuesday, January 17, 2017 6. Award Contracts for Community Development Block Grant (CDBG) Building Improvements On- Call 2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 17-006 C.S., awarding an on-call contract to Thayer Construction 7. Award Construction Contract for Citywide Sidewalk Repair, Phase 3 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-007 C.S. Ordinances 8. 1st Reading – Amend Monterey City Code Chapter 19, Article 4, Section 19-103(a) and Amend Resolution 15-215 (Master Fee Schedule) to Modify Planning Fees for Appeals (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 407-06) Action: Adopted Resolution No. 17-008 C.S. and passed Ordinance to print 9. 2nd 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: Adopted Ordinance No. 3560 Resolutions 10. Reject the Proposed Neighborhood Improvement Program Dennis the Menace Caboose Project (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 17-009 C.S. rejecting the project pending consideration of a plan for the entire park Principal Engineer Krebs presented the staff report. Community Services Director Bui-Burton followed up with a report on the Park and Recreation Commission's review of the project. Mayor Roberson opened public comments on the item. Tom Reeves gave a brief history of the project, and explained how the project has been re-scoped. He asked that the Council budget the money for the project to "capture" it. He asked Council to approve an amendment to the Neighborhood Improve Program for FY 2016/17 to include the Dennis the Menace Caboose Project by amending Resolution 16-119 and authorizing an appropriation of funds, while deferring the implementation until the Parks and Recreation Master Plan has evolved. Ellen McEwen, Chair of the Parks and Recreation Commission, said that the Commission has discussed the train extensively, and they have been looking for a way to engage the children and the train. She voiced concerns about having an enclosed space where a child could be bullied, as well as the cost of the project. She said that uncoupling the tinder from the train reduces the historic value of the locomotive. She supported capturing some of the money to use it for a comprehensive plan, but the Commission could not get behind the caboose. 3  City Council Minutes Tuesday, January 17, 2017 Judy Karas said it nice for children to have the experience of climbing on the train, but more useful to encourage people to actually ride on trains. She asked the City to work with local transportation agencies to encourage riding on trains. Having no further requests to speak, Mayor Roberson returned the discussion to the dais. Mayor Roberson moved to adopt Resolution No. 17-009 C.S. rejecting the Dennis the Menace Caboose project, pending consideration of the train as part of a future comprehensive Dennis the Menace Playground design and renovation, and to continue the discussion on this topic, and Councilmember Smith seconded the motion. Councilmember Haffa asked if the motion would include encouraging kids to more actively engage with trains, particularly with the engine, and the Mayor said that is his intent. Mayor Roberson and the seconder amended the motion to clarify that "this topic" is the entire Dennis the Menace Park with the intent of enhancing the train experience, and the motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Adopt Resolution to Implement Changes to Hourly Wages for Regular Part-time (RPT) Employees (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 507-08) Action: Adopted Resolution No. 17-010 C.S. ***End of Consent Agenda*** Mayor Roberson adjourned the meeting to the Ocean View Community Services District meeting. 12. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Attorney - 706-09) Action: Received report The District Board adjourned back to the City Council meeting. PUBLIC HEARING 13. 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, November 15, and December 20, 2016 (RECOMMEND TO TABLE) (Plans & Public Works - 701-11) Action: Held Public Hearing; tabled Mayor Roberson gave an introduction and an explanation of what "tabling" the discussion would mean. He recommended that Items 13 and 14 should be considered together. Principal Planner Caraker presented the staff report for the two items and answered Councilmembers' questions. 4 City Council Minutes Tuesday, January 17, 2017 Mayor Roberson opened the Public Hearing on Items 13 and 14. Michael Pekin said that he appreciates the City staff's open door. He said that he was unable to find a general plan regarding homelessness, only references to a regional approach. He said that he is finding that there is no comprehensive map of regional services, and Monterey is providing services unilaterally that are not being provided by other cities in the region. He said that this matter is not ready for Council until there is a general plan for services. John McClellan, Villa Del Monte Neighborhood resident, spoke in opposition to the overlay proposal. He said that the burden should be spread out throughout the City. Kathy Foya said that she appreciates that Council is open to other ideas and she supported tabling the issue. Chris Parsons, Villa Del Monte resident and Villa Rose HOA Board member, voiced concerns regarding the impacts of placing shelters in the small area and she supported a city wide distribution of the shelters and tabling the ordinance. Stan Cook, Villa Del Monte resident, supported tabling the ordinance and he supported the recommendation on Item 14 for distributed services. Judy Karas agreed with the previous two speakers and supported tabling the Ordinance and approving the approach recommended in Item 14. Kayla Fossum, President of Villa Del Monte Neighborhood Association, supported tabling the Ordinance and endorsed the first and second options in Item 14, but not the third. Jill Johnson said it would be fairer to distribute the shelters throughout the City, and she supported tabling the ordinance and moving forward with the approach described in Item 14. She said that she would like to participate in that process. Pat Venza, Monterey Vista Neighborhood resident, said that one of her neighbors recommended locating a shelter near the former Trinity Christian School or in part of the Coastguard facility. Esther Malkin asked if there is a map or additional information that connects the dots. John Narigi, Cannery Row Association Board Member, spoke in support of tabling the ordinance. He supported a regional approach to the problem. Marlene Perfecto-Huckleberry spoke to the issue from the back of the Chamber, asking that Council should start from the beginning. Monica Hoffman, Vice President of the Villa Del Monte Association, said that she has heard security personnel harassing the homeless. Wanda Sue Parrott said that she thinks there is a second revolutionary uprising of the Civil Rights movement, and she suggested having a contingent of homeless individuals to speak for themselves and provide answers. Having no further requests to speak, Mayor Roberson closed public comments on the issue. He called a recess at 8:50 p.m., then reconvened the meeting at 9:09 p.m. Councilmember Smith clarified that the City has no current project in the pipeline. He said that he would have concerns about going into residential neighborhoods or business areas where there would be a negative impact, but we have to comply with state law. Councilmember Haffa thanked the Del Monte Laguna Grande neighbors for their patience and openness. He supported tabling the ordinance. He said that coming up with a plan would be a good idea. He clarified that the City provides money to non-profit organizations, but does not act as a service provider. He said that a number of churches provide support, but very few non- profits are located in Monterey. Councilmember Albert thanked the business community and neighborhoods for coming tonight to discuss this issue. He agreed that a city-wide adopted plan is needed for this issue. Councilmember Barrett thanked the Councilmembers and community for discussing this issue. He agreed with Dr. Haffa's comments. He said that while the City does not have an overarching plan, the non-profits do. 5  City Council Minutes Tuesday, January 17, 2017 City Manager McCarthy said that many City employees provide services directly to the homeless through their every day jobs. On a motion by Councilmember Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the Ordinance: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 14. Receive Report on Senate Bill 2 and the City's Requirement to Provide Zoning for Emergency Shelters and Provide Direction (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-11) Action: Directed development of overlay districts in one or more of the City’s commercial zoning districts and/or one or more of the City’s industrial zoning districts On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council directed the Planning Commission and staff to develop overlay districts in the City’s Commercial Zoning Districts (Lighthouse/Foam, Cannery Row, Downtown, and/or North Fremont); and/or the City’s Industrial Zoning Districts (Garden Road, Ryan Ranch, and/or the City’s former Fort Ord property) in order to comply with the requirement for the City to provide zoning for emergency Shelters: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. Appoint 2017 Council Subcommittee on Board and Commission Appointments (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed Mayor Roberson and Vice Mayor Smith to the Council Subcommittee on Board and Commission Appointments Information Resources Director/City Clerk Gawf presented the staff report and answered Councilmembers' questions. Councilmember Smith said that he watched the previous meeting where this issue was discussed, and he believes that by providing the applications with the agenda report, the Councilmembers have the opportunity to become acquainted with the applicants’ qualifications. Mayor Roberson opened public comment on the item. John Narigi, Cannery Row Association, suggested that the Council retain the current policy. He said that a face to face interview is the best way to conduct the process to avoid past controversies. There were no further requests to speak, and Mayor Roberson returned the discussion to the dais. 6  City Council Minutes Tuesday, January 17, 2017 Councilmember Barrett said that this is not just about the Councilmembers and what makes them comfortable, and being in uncomfortable situations is just part of being in public service. He said that an open meeting gives him confidence that the decisions are above reproach. Councilmember Haffa said that the process is now done in a public meeting, and it is about the applicants. He said that it might dissuade people who might otherwise apply. Councilmember Albert said that he would like to insure that people who want to be on a commission do not have to submit to a public interview. It was moved by Councilmember Smith, and seconded by Councilmember Barrett, to keep the policy as is and evaluate it in one year: The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Approve Major Special Event Permit and License Agreement for the Pecos League at Frank E. Sollecito, Jr. Ballpark for Dates in May, June and July 2017 with Conditions for Field Use, Alcohol Sales and Use, Security, an Admission Fee, Temporary Banners and Other Permitted Uses and Restrictions (Exempt from CEQA per Article 19, Section 15304, Class 4(e)) (Community Services - 701-13) Action: Adopted Resolution No. 17-011 C.S. Community Services Director Bui-Burton presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. Andrew Dunn said that the players are required to wear molded cleats, which will help protect the turf. City Manager McCarthy asked him to describe the Pecos League, and Mr. Dunn reviewed their history and how the opportunity arose. Having no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 17-012 C.S., approving a Major Special Event Permit and License Agreement for the Pecos League at Frank E. Sollecito, Jr. Ballpark for dates in May, June and July 2017 with conditions for field use, alcohol sales and use, security, an admission fee, temporary banners and other permitted uses and restrictions: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Haffa reported on the Kiwanis Club’s activities at the Golden State Theatre during the First Night celebration, and said that he appreciates the work of the volunteers and City staff. He said that the Kiwanis hosted Azerbaijan Consulate and they would like to strengthen our sister city relationship through an exchange program with CSUMB. 7 City Council Minutes Tuesday, January 17, 2017 Councilmember Barrett reported that the MST discount bus passes are effective at increasing ridership. He suggested a continuation of the program. He reported on a recent trip to the recycling center, where there was as a long line that took an hour and a half to get through. He said that the community is working to recycle, and he would like at least one more recycling center for people use. Councilmember Smith said that he toured the town after the recent storm and there was a tremendous response by the work crews to that storm. He reported on the roundabout progress, saying that the communications and construction management have been awesome. He urged people to continue conserving water because the aquafers need to be replenished. Mayor Roberson reported on the My Museum Firehouse exhibit ribbon cutting. He reported that the EIR is finally out for the desal project. He said that Cal Am is currently on schedule with the pipeline project and is in the process of moving existing water mains to make room for the new 36 inch supply pipe. He reported that the Deep Water Desal gave a presentation to the Water Authority and they are currently proving feasibility for slant wells but have many challenges ahead. CITY MANAGER REPORTS City Manager McCarthy reported that the Dennis the Menace park improvements will start on January 23rd and that there is a Special City Council Meeting scheduled for January 25th. He reported that staff is exploring the possibility of placing solar power on the conference center. ADJOURNMENT Council adjourned to closed session at 10:17 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that the Council received a report on several cases of existing litigation, as listed under Closed Session Item 2 in on the agenda. She announced that in a conference with legal counsel regarding one case of anticipated litigation due to significant exposure to litigation, Silva claim, the City Council gave confidential direction to their legal counsel on a unanimous roll call vote. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 8