Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 21, 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, Smith, Roberson Absent: Councilmember Haffa 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, Finance Director, Human Resources Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, Associate Civil Engineer, Harbormaster, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamations Mayor Roberson presented proclamations recognizing Sergeant Nicholas R. Matthews, Corporal Brandon LeQuire, and Lance Corporal Aja Mack. Each honoree made brief comments. 2. Receive a Presentation on Wayfinding Sign Program (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803- 12) Action: Received presentation Deputy City Manager Pick introduced Emily Morishita, Senior Designer at Hunt Design, and acknowledged Associate Civil Engineer Renny's work on this project. Ms. Morishita gave the presentation 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 Mayor Roberson noted that staff has requested tabling Item 7. Councilmember Smith asked to pull Item 10 for a presentation. Mayor Roberson opened the floor for public comment on Consent items. Jan Mosier, California Vacation Rentals Alliance, spoke in opposition to the ordinance proposed under Item No. 6 and urged Council to develop an ordinance to allow short-term rentals. Julie Engle, Monterey  City Council Minutes Tuesday, February 21, 2017 resident, spoke in support of the ordinance proposed under Item 6. Carol, Monterey resident, spoke in opposition to Item 6. Mr. Linder, Monterey property owner, spoke in opposition to Item 6. Mary Conway, Monterey resident and Skyline Ridge Board Member, spoke in support of the Ordinance under Item 6. Ethan Howell read a letter into the record from his wife in opposition to the Ordinance under Item 6. Tracy DeBell spoke in opposition to Item 6. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson gave a brief history, noting that the Charter requires special zoning for vacation rentals, and it would require a vote of the people to change the Charter. Councilmember Smith agreed that short-term rental zoning is a matter governed by the Charter and can only be changed by a vote. On a motion by Councilmember Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Item 7, which was tabled, and Item 10, which was removed for discussion: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. January 25, 2017 (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) 4. February 7, 2017 (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) Award of Contracts 5. Award Construction Contract for Wharf II Critical Repairs (Certified Mitigated Negative Declaration) ***CIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 17-016 C.S. (4-0-1; Haffa absent) Ordinances 6. 1st Reading - Add Monterey City Code Chapter 22, Section 19.5 to Prohibit Advertising of Short-Term Residential Rentals in the City's Residential Zoning Districts (Not a Project Under CEQA per 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) 7. 1st Reading - Amend City Code Section 25-3.08 Pertaining to the Employment of Relatives (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 502-07) Action: Tabled (4-0-1; Haffa absent) 2  City Council Minutes Tuesday, February 21, 2017 8. 2nd 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: Adopted Ordinance 3562 (4-0-1; Haffa absent) 9. 2nd 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: Adopted Ordinance No. 3563 (4-0-1; Haffa absent) Resolutions 10. Authorize a Transfer and Appropriation of $287,000 from the General Fund, Capital Renewal Reserve to the Capital Projects Fund [63c1332] for Improvements to Dry Storage Yard, and Authorize Application to Permitting Agencies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-01) Action: Removed from Consent; discussed; adopted Resolution No. 17-017 C.S. (4-0-1; Haffa absent) Community Services Director Bui Burton introduced Harbormaster Scheiblauer, who gave the presentation and answered Councilmembers' questions. Mayor Roberson opened public Patrick Tregenza, Monterey resident and Yacht Club representative, spoke in support of the Resolution. Adam Alliotti, Monterey fisherman, spoke in support of the Resolution. With no further requests to speak, Mayor Roberson returned the discussion to the dais. On a motion by Councilmember Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 17-017 C.S. authorizing a transfer and appropriation of $287,000 from the General Fund, Capital Renewal Reserve to the Capital Projects Fund [63c1332] for improvements to the Dry Storage Yard, and authorizing application to permitting agencies: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Authorize the City Manager to Enter into a Reimbursement Agreement with the Monterey Regional Water Pollution Control Agency for the Development of a Regional Water Recovery Study and Stormwater Resource Plan (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. 17-018 C.S. (4-0-1; Haffa absent) 12. Award of Contract for Audiovisual Services at the Monterey Conference Center (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 704-05) Action: Adopted Resolution No. 17-019 C.S. (4-0-1; Haffa absent) 3  City Council Minutes Tuesday, February 21, 2017 13. Appropriate Active Transportation Program (ATP) Grant Funds and Award a Professional Services Agreement for the Development and Implementation of the Active Transportation/Demand Management Plan (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 17-020 C.S. (4-0-1; Haffa absent) 14. Amend Resolution No. 15-120 Changing the Position Control List by Deleting One .5 Citywide Events Coordinator and Adding One 1.0 Special Event Coordinator Position until 6/30/20 in the Conference Center Division of the Community Services Department, and Establishing a New Class Specification and Salary for Special Event Coordinator (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 502-11) Action: Adopted Resolution No. 17-021 C.S. (4-0-1; Haffa absent) 15. Amend Resolution No. 15-120 Changing the Position Control List for the City Manager’s Office by Eliminating the Communications & Outreach Manager, Communications Assistant, and Executive Assistant I positions and Adding Two (2) Administrative Analyst Positions (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section n15061) (City Manager - 502-03) Action: Adopted Resolution No. 17-022 C.S. (4-0-1; Haffa absent) 16. Authorize a Supplemental Appropriation from CIP Contingency to the Relocation Police Department Temporary Storage Project (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 17-023 C.S. (4-0-1; Haffa absent) ***End of Consent Agenda*** Mayor Roberson adjourned the meeting to Closed Session at 5:13 p.m. He reconvened the open session at 7:00 p.m. All Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Judy Karas, Monterey resident, thanked PG&E employees who helped out during the storms. She said that there is no lighting at the corner of Polk & Alvarado, and it is dangerous. Mr. Riley spoke in support of Community Choice Energy and asked Council to sign on to the program. Dan Turner, Monterey resident, said that it is standard for a ground lease to convert to a commercial lease. He asked the Council to convert Mr. Shake's ground lease accordingly. Esther Malkin, Laguna Grande neighborhood, thanked the Mayor for attending their nature walk. She said that the emergency shelter overlay should be addressed as a regional issue. She suggested that a staff person be assigned to allow the City to take advantage of funding opportunities for affordable housing. Kala Fossum, President of Villa Del Monte Neighborhood Association, thanked the Council for their ongoing work on the overlay district and said that the entire City must bear the burden of this district, not just one small commercial district. Scott Hansen, President of Del Monte Grove-Laguna Grande Neighborhood Association, agreed with the previous speaker, asking that the district be spread across the City. Mike Pekin thanked the Council for their service and accessibility. He reviewed the CSUMB homeless census that shows 550 homeless in Monterey, compared to far fewer in Carmel and 4  City Council Minutes Tuesday, February 21, 2017 Pacific Grove. Jill Johnson, Monterey resident, said that her neighborhood is inundated with homeless persons, traffic, and other issues. She asked Council to have all of the City's commercial neighborhoods participate in the shelter overlay district. Luis Osorio said that it has been one month of the President's term, and there was a lot of discussion about the effect that money has on elections at all levels of government. He asked Council to reflect on that as they make their decisions. Jim Heiland spoke in regard to leases, saying that there are ways to take a local preference into account. He asked Council to recognize the 75th anniversary of the Japanese internment. Nancy Selfridge said that the Police and Fire Departments do a fantastic job. She spoke in support of signing on to Monterey Bay Community Power. Mike Brassfield said that he is disappointed that there still is not a comprehensive plan to address the homeless situation. A speaker who did not identify herself thanked the Police and Fire personnel. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following. The City Council received a report and took no action in a conference with labor negotiators for employee organizations: Monterey Fire Fighters' Association, Monterey Police Association, Management Employees' Association, and Monterey Fire Chief Officers' Association. The City Council discussed with the City Manager a public employee performance evaluation for the City Manager, and there was no action taken. In a conference with labor negotiator, Clyde Roberson, regarding an unrepresented employee, the City Manager, the City Council gave confidential direction to their negotiator on a roll call vote of 4-0-1, with Councilmember Haffa absent. PRESENTATIONS 17. Presentation by the Monterey Police Department Describing the Implementation of the City of Monterey Police Department Explorer Program (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 501-06) Action: Received report Chief of Police Hober introduced Sergeant Jeremiah Ruttschow, who presented the report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. Mike Brassfield complimented the Police Chief and his staff for moving forward with this program. He said that this type of program develops youth and has positive outcomes. Esther Malkin said that the explorer program is wonderful, and it would be great to involve other age groups, as in the ten-week course she participated in a few years ago. Having no further requests to speak, Mayor Roberson closed public comments. Chief Hober said that the Department is looking forward to a Community Policing course this fall. PUBLIC APPEARANCE Mayor Roberson called a recess at 8:01 p.m., then reconvened the meeting at 8:16 p.m. 5  City Council Minutes Tuesday, February 21, 2017 18. Consider Leasing Policies in Resolution No. 15-056 and 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: Adopted Resolution No. 17-024 C.S. rescinding Resolution No. 15-056 and Resolution No. 15-136, and adopted New Leasing Policy by Minute Action, as follows (4- 1; Haffa voting no): The leasing policy should follow these general principles in accordance with the Charter. The City and tenants should have leases based on modern and best practices in the market place, realizing that each property presents unique opportunities and unique circumstances. The rents should be fair to the Citizens of Monterey and to the tenants. Leases should encourage the retention of local long standing, and well performing businesses retaining the City's local heritage. As existing leases expire, it is the City's intent to first work with existing tenants in the hope of retaining those tenants. Subleasing, length of leases and other specific numbers shall be determined in negotiations, with the ownership of the buildings and accessories as factors. Councilmember Smith suggested adopting a statement of philosophy and presented a paragraph where he had combined the statements proposed by Mayor Roberson and Councilmember Barrett. Mr. Smith's proposal was as follows. The leasing policy should lay out general principles in accordance with the Charter and leave specific numbers to negotiations. The City and tenants should have leases based on modern and best practices in the market place, realizing that each property presents unique opportunities and unique circumstances. The rents should be fair to the Citizens of Monterey and to the tenants. Leases should encourage the retention of local long standing, and well performing businesses retaining the City's local heritage. As existing leases expire, it is the City's intent to first work with existing tenants in the hope of retaining those tenants. Subleasing, length of leases and other specific numbers are determined in negotiations, with the ownership of the buildings and accessories as factors. Councilmember Haffa reviewed the proposals and compared them to the current guidelines. Mayor Roberson opened public comment on the item. Dan Turner said that the leasing guidelines were recently passed and suggested that they were being reconsidered at this time because of political cronyism and well-placed campaign contributions. Jason Reed, Monterey Resident, agreed with the previous speaker and supported retaining the current guidelines. Judy Karas, Monterey native, said that the current guidelines should remain in place, and the Wharf businesses should be converted to from ground leases to commercial leases, after their expiration. Rob Teresi, Wharf II business owner, said that he did not understand why an outside consultant has to assist in lease negotiations. Sherry Tuioti said that she respects each of the Councilmembers and was offended by the earlier comments, but there is some unfairness to the current policies. She said that the CAM charges should go to the Tidelands fund. Jackie Craighead, Monterey citizen, said that she knows the Shakes, and they give back to the community like no one else. She said that the Shakes are good people who do good things, and she does not like to hear people say derogatory things about good people. Luis Osorio said 6 City Council Minutes Tuesday, February 21, 2017 that many people feel that something new is needed at the Wharf. Mary Alice Cerrito Fettis, Fisherman's Wharf tenant, spoke about the cost of pilings and CAM charges. She noted that the buildings are in a marine environment, which causes a high cost for maintenance. Anthony Lombardo said that these are leasing policies not guidelines. With no further requests to speak, Mayor Roberson closed public comments on the item, called a recess at 9:07 p.m., and reconvened the meeting at 9:18 p.m. Councilmember Albert said that his understanding of the reason for revisiting this matter is because the 19 detailed policies got too much "into the weeds.". Councilmember Smith agreed, and Councilmember Barrett said that he was concerned about having the ability to be flexible enough to address the changing markets. Mr. Smith said that he views some of the policies as being more operational. Councilmember Haffa said that the reason businesses everywhere else pay CAM charges is because common area facilities benefit the nearby businesses. He said that the reason for the guidelines was to assist staff in the negotiations, noting that those negotiations were backed up when he first came on the Council because staff did not have a stated Council policy. Councilmember Barrett said that because it is a public space it should be maintained by the public, and Dr. Haffa said that this is a commercial use on public lands. Mayor Roberson said that the Councilmembers are people of integrity. He said that he has been consistent and the spirit of the current guidelines is within the recommendation that simplifies the language. Councilmember Haffa said that the policy is not only for the Wharf. He said that allowing a ground lease would not be appropriate unless someone is building an entirely new building on raw land, and CAM charges might not be appropriate in some areas. Councilmember Smith said that the City should take care of the pilings, and rather than charge CAM, charge a fair market rent. He said that he does not need a template, but would rather have a general statement. It was moved by Councilmember Smith, and seconded by Councilmember Barrett, to adopt the general statement as presented on the screen in lieu of the Policies in Resolution No. 15-056 and Resolution No. 15-136: Councilmember Barrett suggested an amendment to the policy language and Smith accepted the amendment. Councilmember Smith amended the motion, and the seconder agreed, to adopt a resolution rescinding Resolution 15-056 and Resolution 15-136, and adopt the new leasing policy language, as follows: The leasing policy should follow these general principles in accordance with the Charter. The City and tenants should have leases based on modern and best practices in the market place, realizing that each property presents unique opportunities and unique circumstances. The rents should be fair to the Citizens of Monterey and to the tenants. Leases should encourage the retention of local long standing, and well performing businesses retaining the City's local heritage. As existing leases expire, it is the City's intent to first work with existing tenants in the hope of retaining those tenants. Subleasing, length of leases and other specific numbers shall be determined in negotiations, with the ownership of the buildings and accessories as factors. Councilmember Haffa said that he would not be able to support the motion, as the City has completed several successful negotiations under the existing policies and he is disappointed 7  City Council Minutes Tuesday, February 21, 2017 that those are not being upheld. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. Consider Sending Letter to the California Coastal Commission on Cemex Plant (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 204-06) Action: Continued to March 7, 2017 Councilmember Barrett said that he has been contacted by a number of people who want to speak to this item. He asked to table the item to the March 7 meeting. Councilmember Smith agreed with the suggestion. It was moved by Councilmember Barrett, and seconded by Councilmember Smith, to continue the item to March 7, 2017. Mayor Roberson opened public comments. Francine Mitchell, Monterey resident, supported the continuance and said that this is a very important issue. Lee Shahinian, Monterey Sand Matters, said that the evidence is significant that the Cemex operation is harming the beach. With no further requests to speak, Mayor Roberson closed public comment. Councilmember Haffa suggested that it might be advisable to send a letter to the State Lands Commission in addition to the Coastal Commission. Councilmember Smith suggested an amendment to the motion to include that staff bring back information to provide to Sanctuary and to AMBAG when the item comes back, and Councilmember Barrett accepted the amendment. 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 COUNCIL COMMENTS Councilmember Haffa thanked the volunteers who put on a great fundraiser for the Library. He announced an upcoming forum on March 1 at MIIS Irvine Auditorium regarding the Community Choice Energy program. Councilmember Albert said that he toured the City's Presidio Public Works operation last week and he was very impressed with the staff because they are dedicated and loyal to the City. He said he also toured the Harbor with the Harbormaster and Community Services Director. He said that he has upcoming tours of Engineering, Planning, and Building Inspection. He said that he enjoyed the Library Wine and Chocolate event. Councilmember Barrett reported on a recent Monterey Regional Water Pollution Control Agency meeting and that he participated in a recent economic stimulus committee in 8 City Council Minutes Tuesday, February 21, 2017 conjunction with this role at the Chamber of Commerce. He said he was very impressed by the quality of the new Police Officers that were recently sworn in. He shared quotes from an article regarding the effects of economics and poverty on families, cautioning that police cannot solve all of those issues. He spoke about the benefits of local businesses and pondered how we can inspire and grow local economy. Councilmember Smith reported that he attended a commemoration of the 50th Anniversary of the Treaty for the Prohibition of Nuclear Weapons, which is also known as the Treaty of Tlatelolco at the Middlebury Institute. He recognized the Mayor and presented a pin from Rotary International honoring "Making a Difference." He said that the Explorers come from all over to work at the AT&T, and he presented a pin from the AT&T to the Mayor. He reported that Board and Commission interviews are going well. Councilmember Haffa commented on the Housing Trust, saying that he would like to have a presentation on that topic at an upcoming study session. He said that he would like to develop a strategic plan for economic development at Ryan Ranch. Mayor Roberson said there are six totally open positions and twenty-five applicants for the boards and commission. He referenced a recent article in The Herald regarding the communications division. He commended the Assistant City Manager for continuing the German intern program. The Mayor said that he would like to start discussions regarding BRAC. CITY MANAGER REPORTS City Manager McCarthy reported on his attendance at a “Big Little Lies” screening, which displayed Monterey in a bright light. He said he is working to develop the 50th Anniversary of the Summer of Love. He highlighted the steps that Monterey took to prepare for the recent storms, and he thanked Police, Fire, and Public Works for their efforts. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 10:11 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 9