Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 7, 2017 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, 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, Housing & Property Manager, Finance Director, Harbormaster, HPM Administrative Analyst, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Receive Presentation On Monterey Bay Fisheries Trust (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Community Services - 904-01) Action: Received presentation Harbormaster Scheiblauer introduced Sherry Flumerfelt, Executive Director Monterey Bay Fisheries Trust, who gave the presentation. Mayor Roberson opened public comments, had no requests to speak, and closed public comments on the item. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda, as well as the closed session items. There were no requests to speak, and he closed the floor. CONSENT ITEMS Councilmember Haffa asked to remove Item 9 from the Consent Agenda for discussion. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, except Item 9: 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 2. January 17, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-09) Action: Approved  City Council Minutes Tuesday, February 7, 2017 Ordinances 3. 1st Reading – Deleting Monterey City Code Section 38-126(G) to Remove the Expiration Clause and Re-authorize the Safe Parking Use Permit as a Permanent Program (Negative Declaration Previously Filed) (Plans & Public Works - 701-11) Action: Passed Ordinance to print 4. 1st Reading – Amend Monterey City Code Section 23-4 (c) to Permit Alcohol in Frank E. Sollecito, Jr. Ballpark 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: Passed Ordinance to print 5. 2nd 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 Ordinance No. 3561 Resolutions 6. Authorize the Transfer and Appropriation of Donated Funds for the Purchase of Digital Signage Equipment for the Monterey Sports Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 409-03) Action: Adopted Resolution No. 17-012 C.S. 7. Appropriate Funds from the Housing Asset Fund, CDBG Fund and General Fund, and Amend the Legal Services Agreement with Goldfarb & Lipman 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: Adopted Resolution No. 17-013 C.S. 8. Award Safety Training and Support Services Professional Services Agreement (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 503-04) Action: Adopted Resolution No. 17-014 C.S. Other 9. Appoint Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 39 Fisherman's Wharf (Wharf I Concession 6; Old Fisherman's Grotto); Agency Negotiators: John Mahoney, Dino Pick, Kimberly Cole and Janna Aldrete; Negotiating Parties: Chris Shake, Old Fisherman's Grotto, Inc.; Under Negotiation Terms and Conditions for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; appointed negotiators (4-1; Haffa voting no) Councilmember Haffa asked if the Council would be appointing negotiators for an extended lease agreement or a new lease. Staff clarified that the discussions would include a lease extension. 2  City Council Minutes Tuesday, February 7, 2017 Mayor Roberson open public comments, had no requests to speak, and returned the discussion to the dais. Councilmember Haffa said that unless the Council is considering a new lease, he would not be able to support this matter. He said that the existing lease is a ground lease, and he does not believe that would be appropriate for extension. He said that the current lease has an additional five years remaining, so he would not support the matter unless major construction is a component of the proposal. Councilmember Albert requested and received clarification that this action is to appoint the negotiators, and actual direction, if any, would be given in closed session. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council appointed negotiators John Mahoney, Dino Pick, Kimberly Cole and Janna Aldrete for a conference with real property negotiators pursuant to Government Code Section 54956.8; property: 39 Fisherman's Wharf (Wharf I Concession 6; Old Fisherman's Grotto); negotiating parties: Chris Shake, Old Fisherman's Grotto, Inc.; to discuss terms and conditions for a lease extension: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC APPEARANCE 10. 1st Reading – Adoption of an Ordinance and Resolution Authorizing Implementation and Membership in a Community Choice Aggregation Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received report; received public comments; Continued to March 7, 2017 Sustainability Coordinator Terrasas presented the staff report and answered Councilmembers' questions. He introduced Jenny Johnson from Supervisor McPherson's Office and the County of Monterey and Tim Flanagan, General Manager of the Monterey Regional Waste Management District. Councilmember Haffa asked if the Council could indicate their interest with caveats regarding labor. Jenny Johnson reviewed the regional committee's recommendations to the JPA Board, which will make the final decision regarding local job creation. She explained that the JPA needs to be able to negotiate, so that is why specific labor language is not in the JPA agreement. On further question, she reviewed the formation of the committee as well as the reasons for the proposed JPA governance model. Councilmember Smith clarified that three Peninsula cities share one seat, and asked for the rationale of the model. Ms. Johnson explained that it was to keep the board smaller with only eleven members. She explained the financial obligations of the members. Mr. Smith said that AMBAG and TAMC both have large boards and function well. On question from the Mayor, Mr. Terrasas clarified that Tim Flanagan represented Monterey's interests on the committee. 3 City Council Minutes Tuesday, February 7, 2017 Mayor Roberson asked what's the rush. He said that he is excited about the concept, but the timing seems rushed. He asked if the process could be slowed. Ms. Johnson reviewed the history and process, saying that there has already been a lot of dialogue, the process was slowed from an October deadline, and the core partners are ready to move forward because the marketplace is stable. Councilmember Barrett said that he sees this as an opportunity, and he is unclear about what the downsides are. He discussed the population of the three-county area, and asked about the opportunity for Monterey to create a new revenue stream as part of this project. Ms. Johnson said that any property owner could serve as a power provider and generate revenue. Mr. Barrett said that if Monterey becomes a power producer, it would be an opportunity. On question, Mr. Terrasas reviewed the City's Climate Action Plan as it relates to this recommendation. Ms. Johnson reported that the $3 million startup loan will build a small staff that will be supported via the revenues from the JPA. She said that this will be the biggest and first multi- county JPA in the state. Mayor Roberson opened public comments on the item. Tim Flanagan, General Manager of the Monterey Regional Waste Management District, said that he was the Peninsula Cities' technical representative for the past five years. He said that the study was funded by private funds. He supported Monterey taking this opportunity to join the JPA. Rick Heuer said that he has major issues with the proposal, primarily the lack of public outreach to Monterey neighborhoods, as well as the governance structure. Jody Hansen, President and CEO Monterey Peninsula Chamber of Commerce, voiced concerns with the governance model and the representation for Monterey. Barbara Meister, Public Affairs Director Monterey Bay Aquarium, said that climate change is the biggest threat to the planet, and she spoke in favor of the proposal. Tom Rowley said that the issues have not been answered regarding the governance. He said that there needs to be more flexibility in the proposal, the neighborhoods know nothing about this, and he opposed the matter at this time. Brennan Jensen, Emerging Ecologies, reviewed the letters of support that have been submitted by the environmental community. She clarified that number of votes that each County would have: Santa Cruz-4, Monterey-5, San Benito-2, and reviewed some of the points addressed by the analysis. She asked Council to vote yes. Nina Beety, Monterey resident, said that she believes there are good intensions, but many of the green energies generate electromagnetic waves that cause a myriad of health problems. She said that industrial wind power is very dirty. She said that there is an opt-out fee and there are no provisions for eliminating smart meters. She said that this creates another bureaucracy and she is leery of an organization with close ties to PG&E. Finn Horsley, Horsley Laboratories, supported the proposal. John Martinez, Gonzales resident, said that sun and wind have been used throughout the world. He said that people are not currently given a choice with PG&E, and he supported the JPA proposal. Jeff Gorman said that the details are still very vague and that government projects are almost always more expensive than advertized. He opposed taking on this new task. Paul Gutierrez, IBEW 234, said that his organization is not against the CCA, but the devil is in the details and there are still questions, particularly about local buildout and local jobs. He said that the proposal needs additional work. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson called a recess at 5:53 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m. and gave a special welcome to Mr. Peterson's class from Monterey High. 4 City Council Minutes Tuesday, February 7, 2017 The City Council took up this item once again at 8:35 p.m. It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to pass the Ordinance to print and adopt a Resolution Authorizing Implementation and Membership in a Community Choice Aggregation Program. Councilmember Barrett said that he believes this is timely and Monterey should take the opportunity to join the JPA now. Councilmember Haffa said that he sees this as an opportunity to fight climate change, though he would have liked to have seen more outreach to the neighborhoods and more explicit language regarding local labor. He said that we can make our voices heard on that issue if we get in at this time. Mayor Roberson said that he understands that climate change is a challenge. He said that it is important to make sure that all of the stakeholders are involved, and he did not see those stakeholders tonight, and it is worth the time to involve the community for something this important. He said that he could conceptually support this, but more outreach should be done. On question, Mr. McCarthy said that he thinks this is a good opportunity for the City and he believes the risk is mitigated. Mr. Smith asked if there is an opportunity to delay the vote on this issue for thirty days, and Mr. McCarthy said that he believes they could tolerate a thirty day delay. Councilmember Albert applauded Santa Cruz for starting this process, but said that he believes there needs to be more outreach. He voiced concerns regarding the size and diversity of the JPA. He supported a thirty day delay. Councilmember Smith clarified that there is an opportunity to meet with people who have been following this issue for the past five years. Councilmember Barrett said that he would like more information about the potential savings to the City and the possibility of the City generating solar energy to create a revenue stream. City Manager McCarthy clarified that the City does not obtain power from PG&E. On question, Assistant City Manager Uslar said that he spoke with the Government Affairs Manager at PG&E, and they are neutral on this issue, however they are in favor of consumers having choices of where they purchase their energy. Councilmember Barrett withdrew his motion. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the matter to March 7, 2017: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 5  City Council Minutes Tuesday, February 7, 2017 CONTINUED PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Nina Beety said that she is appalled by the hate speech emanating from The Monterey Herald. She said that the editorial board supported Hillary Clinton before the election and has continued to bash President Trump. She said it is a witch hunt that smacks of McCarthyism. Having no further requests to speak, Mayor Roberson closed public comments. PRESENTATIONS 11. State of the Monterey Peninsula Unified School District Schools - Presentation by Dr. PK Diffenbaugh, Superintendent (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (CMO - 706-07) Action: Received report Dr. P.K. Diffenbaugh made the presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Luis Osorio said that some people say that MPUSD is not as good as some others because of the diversity, and that is unfortunate because cultural differences enrich education. He said that we need to support the children. Nina Beety said that economics are tied to school programmatic choices. She said that the United States is losing jobs, and children cannot find jobs when they come out of college. She said that there is too much emphasis on technology. She said that to her knowledge, the district personnel have not attended one event that addresses how wireless technology affects health. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 12. Approve Substantial Amendment to Fiscal Year 2016-2017 Action Plan for Community Development Block Grant (CDBG) Program and Budget, Authorize Appropriation of Funds, and Authorize Submission to the U.S. Department of Housing and Urban Development (HUD) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 201-09) Action: Held Public Hearing; adopted Resolution No. 17-015 C.S. Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Councilmember Haffa asked if some of the CDBG money could be reprogrammed to establish rental assistance for extremely low income individuals. Mr. Marvin explained the limitations and timing restrictions on CDBG funds that complicate this type of program. He said that CDBG has a role to play in assisting the homeless, but other types of funding will be needed. Councilmember Barrett said that he is interested in seeing this plan move forward at this time, but perhaps there are ways to tweak the program in the future. Councilmember Smith said he would like to know how to measure the effectiveness and results when money is given to providers in order to determine where the money is best spent. Mayor Roberson opened the public hearing. Jay Fagan, Veterans Transition Center, expressed his gratitude for the City's support, and he reviewed the current project for veterans' housing. Tom Griffin, Veterans Transition Center, said that they currently have a large number of 6 City Council Minutes Tuesday, February 7, 2017 veterans and families on their wait list. He said that they have a 93% success rate with their clients. He said that they made a deal with Seaside to rehab six homes on Fort Ord and now there are six veterans with homes there. He proposed that Monterey partner with them to obtain more of those houses on Fort Ord to rehabilitate them and house veterans. With no further requests to speak, the Mayor closed the public hearing. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 17-015 C.S., approving a substantial amendment to the Fiscal Year 2016-2017 Action Plan for Community Development Block Grant (CDBG) Program and Budget, authorizing appropriation of funds, and authorizing submission to the U.S. Department of Housing and Urban Development (HUD): AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The City Council recessed at 8:18 p.m., then reconvened at 8:35 p.m. and took up Item 10 once again. COUNCIL COMMENTS Councilmember Albert reported on his first MST Board meeting where the five-year extension of their strategic plan was discussed. He noted that MST improved their on-time report from 78% to 91% over the last three years. He said he was impressed with MST and their staff. Mr. Albert reported on the Taxi Authority, saying that the taxi service in Monterey has declined due to Uber. Councilmember Smith thanked City Manager McCarthy for the report on housing and homelessness. He announced that he would be attending the AMBAG meeting tomorrow night, and he invited the public to attend as well. Mr. Smith said that the National Marine Sanctuary Advisory Committee will conduct an all-day meeting on February 17. Councilmember Barrett said that there is a robust closed session agenda, so he would defer his comments. Councilmember Haffa said that he attended the event at Window on the Bay protesting the President's recent executive order and it was peaceful and pleasant. He reported on an event at the ACLU where they honored former MPC faculty member Elliot Ruchowitz-Roberts. Mayor Roberson said that he attended an event honoring former Mayor Albert and others. He reported that he spoke to a class at Colton, and noted that the students represented the diversity of the country. The Mayor reported on his walk with the neighbors at Laguna Grande, which was positive experience. CITY MANAGER REPORTS City Manager McCarthy announced that that the Library would be hosting their annual Wine and Chocolate event on February 17 and that Etta's Eats cafe has opened at the Library. 7 City Council Minutes Tuesday, February 7, 2017 ADJOURNMENT The City Council adjourned to closed session at 9:15 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced actions from the closed session. The City Council unanimously gave confidential direction to their real property negotiators regarding property at 798 Del Monte Avenue, El Estero Boating, where terms and conditions for a proposed lease were under negotiation. The City Council did not hear the item regarding property at 39 Fisherman's Wharf, Wharf 1 Concession 6, Old Fisherman's Grotto, where terms and conditions for an extension to the lease were under negotiation. The City Council gave confidential direction to their real property negotiators regarding property at 256 Figueroa Street, where terms and conditions for a new lease were under negotiation. The vote was 3-2, with Barrett and Haffa voting no. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 8