Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 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, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Police Chief, Community Services Director, Finance Director, Deputy City Manager Plans and Public Works, Fire Chief, Library Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, Principal Planner, HPM Administrative Analyst, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of American Red Cross Month (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamation Mayor Roberson read the Proclamation and presented it to Lee Hedgepeth, Board of Directors of the Central Coast Chapter of the American Red Cross. Mr. Hedgepeth made brief comments and thanked the Council. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Jack Erickson, Veterans for Peace Chapter 46, invited Councilmembers to attend a talk related to peace and social justice at The Middlebury Institute of International Studies, where the Honorable Sam Farr would be speaking. Uwe Grobecker spoke in support of Meals on Wheels and voiced concerns regarding federal funding cuts. He asked people to volunteer to help deliver meals and support the organization and proposed forming a joint volunteer program with Monterey. Steven Vincent voiced concerns about a property on First Street, saying that it is a public nuisance and asking Council to have the issue addressed. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Barrett asked to remove Item 7 for a presentation. Councilmember Smith recused himself from voting on a property on Item 6, due to its proximity to his home. Mayor Roberson recused himself from voting on the appointment of Mr. Gorman on Item 11, due to a potential conflict of interest. Councilmember Smith noted the amendment to the Resolution on Item 9. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, except the recusals noted above, the City Council approved the Consent Agenda, except Item 7:  City Council Minutes Tuesday, March 21, 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 Approval of Minutes 2. March 7, 2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved amended minutes Ordinances 3. 1st Reading to Amend Monterey City Code Section 23-5 to Restrict Parking in City Park Parking Lots between the Hours of 10:00 p.m. and 6:00 a.m., Except by Permit or Written Authorization from the Community Services Director -- Recommended for Continuance to May 2, 2017 (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 803-04) Action: Continued to May 2, 2017 4. 2nd Reading – Amending Chapter 28 of the Monterey City Code to Add a New Section 28-27 Regarding Contracts for Furtherance of Public Policy (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 701-11) Action: Adopted Ordinance No. 3565 5. 2nd Reading – Adoption of an Ordinance 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: Adopted Ordinance No. 3566 Resolutions 6. Adopt a Resolution Recertifying 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 - 204-01) Action: Adopted Resolution No. 17-039 C.S. with Councilmember Smith recusing himself from voting on a location in proximity to his home 7. Authorize Acceptance of the Board of State and Community Corrections (BSCC) 2016 City Law Enforcement Grant and Appropriate the Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 409-05) Action: Removed from Consent; received report; adopted Resolution No. 17-040 C.S. Police Chief Hober introduced the item. Acting Assistant Chief Clark presented the staff report and spending plan and answered Councilmembers' questions. Mayor Roberson opened public comments. Marlene Perfecto Huckleberry said that she is homeless and said that we cannot talk about homelessness in the same way as in the past. She said it should not come under the purview of the Police because it is a social service. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett thanked the officers who are involved and Ms. Perfecto. 2  City Council Minutes Tuesday, March 21, 2017 On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 17-040 C.S., authorizing acceptance of the Board of State and Community Corrections (BSCC) 2016 City Law Enforcement Grant and appropriating the funds: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Approve Amendment No. 2 to the Professional Services Agreement with Ausonio, Inc. for Extended Construction Management Services for the Monterey Conference Center Renovation Project and Authorize the Appropriation of an Additional $1,200,000 to the Project Budget (Not a Project per CEQA Guidelines, Article 20, Section 15378) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 17-041 C.S. 9. Accept Department of Parks and Recreation Grant for the Monterey Sand Compatibility and Opportunistic Use Program (SCOUP), Authorize the City Manager to Enter into a Contract with the Department, Appropriate Grant Funding, and Award Professional Services Agreement to ESA (Exempt from CEQA Article 19, Section 15306, Class 6) (Plans & Public Works - 203-07) Action: Adopted amended Resolution No. 17-042 C.S. 10. Approve an Appropriation to the Community Development Block Grant Fund for the Van Buren Senior Housing Project (Exempt from CEQA Article 19, Section 15301, Class 1, 15306, Class 6 and 15326, Class 26 and Exempt from NEPA Guidelines 24 CFR Part 58) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 17-043 C.S. Other 11. Consider Subcommittee Recommendation and Make Appointments to the Architectural Review Committee, Colton Hall Museum and Cultural Arts Commission, Historic Preservation Commission, and the Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-04) Action: Approved Subcommittee recommendations, with Mayor Roberson recusing himself from the vote on Mr. Gorman’s appointment 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1299 Del Monte Avenue Agency Negotiators: Kimberly Cole, Elizabeth Caraker, and Janna Aldrete Negotiating Parties: Margaret Bunting, Trustee of the Margaret Quaglia Trust Under Negotiation: Price and Terms for Property Purchase (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-01) Action: Appointed negotiators 3  City Council Minutes Tuesday, March 21, 2017 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 66 Fisherman's Wharf (Randy's Fishing Trips) Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Peter and Carol Bruno Under Negotiation: Terms and Conditions for Consent to Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators 14. Authorize an Appropriation of $30,216.00 from the Tidelands Trust Fund to Replace all Restroom Sinks, Faucets, Stall Partitions and Interior Privacy Screens inside the Public Restroom at Wharf 1 and Construct a Privacy Panel outside of the Women’s Entrance (Article 19, Section 15301, Class 1) (Plans & Public Works - 701-03) Action: Adopted Resolution No. 17-044 C.S. 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Portion of Pierce Street (Between Franklin and Jefferson Streets) and Portion of Lot J-7 (Located Adjacent to Pierce Street between Franklin and Jefferson Streets) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Middlebury Institute of International Studies (MIIS) Under Negotiation: Price and Terms for Easement Sale (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-10) Action: Appointed negotiators ***End of Consent Agenda*** Mayor Roberson recognized Deputy City Manager Pick, who will be the new City Manager of Del Rey Oaks. Council adjourned to a meeting of the Ocean View Community Services District. 16. 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 - 703-02) Action: Received report The Board of Directors adjourned to the City Council meeting. PUBLIC HEARING 17. Amend City Code Section 38-106, Exceptions to Height Limits, to Allow Enhancements for Energy Conservation – Roofing Materials and Insulation -- Continued from March 7, 2017 (Exempt from CEQA per Article 19, Section 15305) (Plans & Public Works - 201-12) Action: Held public hearing; amended and passed Ordinance to print Mayor Roberson introduced the item. Chief of Planning Cole presented the staff report and answered Councilmembers' questions. City Attorney Davi suggested that if the intent is to limit it to the roof, the ordinance should specify "roof." 4 City Council Minutes Tuesday, March 21, 2017 Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council made an amendment clarifying that the provision applies to existing buildings by inserting language indicating that it is for existing roofs for the purposes of retrofitting after the phrase "improvement to" and passed the Ordinance to print amending City Code Section 38-106, Exceptions to Height Limits, to allow enhancements for energy conservation – roofing materials and insulation: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson opened public comments on the closed session items, had no requests to speak, closed the floor, and adjourned the meeting to closed session at 4:47 p.m. Council reconvened in open session at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments on items not on the agenda. Jeff Condit, One Monterey representative, submitted a recent study and a template ordinance regarding sanctuary city policies for the Council's review. Charles Cech, Monterey resident gave a presentation and voiced concerns regarding the proposed water pipeline route, saying that the bridge over highway 68 has not yet been permitted. David Beech requested that the Monterey pipeline issues be agendized for discussion at a Council meeting. Dick Router asked the Council to put a hold on the pipeline project and cited several concerns. Rollin Martin, CalAm rate payer, voiced concerns regarding the CalAm pipeline, including the expense of building it and cost to rate payers. Ron Weitzman, Water Ratepayers Association of the Monterey Peninsula, spoke in opposition to completing the new pipeline. Amy Anderson voiced concerns regarding the CalAm water pipeline, and said that she would like to see an independent analysis of the project. W. Lincoln Wagenhals, Monterey resident, supported Mr. Beech's request to have the City Council consider the pipeline. Char Carter, tennis player at Via Paraiso Park, voiced concerns regarding hostilities that have arisen between tennis players and pickleball players. She proposed implementation of rules to address the problems. Charles Carter, Monterey resident, agreed with the previous speaker and proposed that the existing basketball courts at the park be designated for pickleball. Gabriella Clifton, Monterey resident, said that tennis has been a sport in her family for a long time, and it is important to keep the integrity of the regulation tennis court at Via Paraiso Park. Merriam Smith asked that the Council to agendize an item declaring Monterey a sanctuary city. Maxwell Green supported putting a declaration of sanctuary city on the Council's agenda. A speaker voiced concerns regarding the condition of her neighborhood streets, particularly Watson Street. Alexandra Wallen spoke about the importance of sanctuary cities in Monterey County and asked that the matter be agendized. 5 City Council Minutes Tuesday, March 21, 2017 Steven Lieberman asked that Monterey agendize an item to declare Monterey a sanctuary city. Howard Shure spoke in favor of a sanctuary city ordinance for the City of Monterey, citing moral and economic arguments. Having no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a closed session conference with real property negotiators regarding 66 Fisherman’s Wharf (Randy’s Fishing Trips), under negotiation were terms and conditions for consent to lease assignment, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. She said that in a conference with real property negotiators regarding 1299 Del Monte Avenue, under negotiation were price and terms for property purchase, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. She announced that announced that in a conference with real property negotiators regarding a portion of Pierce Street between Franklin and Jefferson Streets and a portion of Lot J7 located adjacent to Pierce Street between Franklin and Jefferson Streets, under negotiation were price and terms for an easement sale, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. Ms. Gawf said that the Council continued Item 6(5) Turn Down the Lights v. City until March 29, 2017 on a unanimous vote. COUNCIL COMMENTS Councilmember Haffa asked to agendize a discussion on sanctuary cities. He said that he does not know if there is a viable alternative regarding the pipeline, but he believes some independent expert analysis should be done. Mayor Roberson said that the certified EIR was done through the pollution control agency, and it contained an analysis of the alternative. He suggested that we invite General Manager Paul Sciuto to give a presentation. Councilmember Smith said that he is not compelled to hear more analysis regarding the pipeline. He said it is inappropriate for the City to stop a project that is underway. Mayor Roberson gave a brief report on the Spark Academy mock interviews at Monterey High School, saying that he was impressed by the students. He noted that the Waste Management District is celebrating their 65th Anniversary, and continues to be on the cutting edge of recycling. He said that he attended the Sunrise Assisted Living 35th Anniversary celebration, and it was quite impressive. He announced that there would be an environmental conference at the Aquarium next week. Councilmember Barrett emphasized the presentation given today regarding Meals on Wheels, noting the message is that they need more volunteer drivers. He said volunteers can contact them at 831-375-4454 or email info@mowmp.org. He said that he supports Pure Water Monterey, but said there has been a real rate impact to the residents. He said that he is unsure the City's role regarding the pipeline and does not have the knowledge to be decisive about whether there is a less expensive alternate. He reported on the Cutting day and Horticultural Fair event, quoting the slogan “a community plants together, grows together.” He said that he attended a volley ball tournament at Window on the Bay, and expressed appreciation for the City Manager's support of sports. He reported on a Sustainable Hospitality Forum and Conference that looks at where the City can go as a community in terms of a hospitality model. 6 City Council Minutes Tuesday, March 21, 2017 Councilmember Smith announced that on March 28 the Rotary Club of Cannery Row will have a ribbon cutting dedicating a park bench at the basketball court. He reported on his visit to the Monterey Regional Waste landfill, saying that it is a fascinating place. Mr. Smith reminded people that the parks are open to first come, first serve, and he asked that people be respectful. He said that the NIP has identified priority projects that involve pickleball. He said that the Council has a letter from MCHA and Taxpayers with concerns regarding the CCA, and he looks forward to the formation, and being the watchdog. Councilmember Albert said that he attended several events, including the Monterey Regional Waste Management ribbon cutting. He said that he interviewed three amazing students at the Spark Academy mock interviews, and that he enjoyed attending the Cutting Day Horticultural event. He reported on the recent Monterey Peninsula Chamber of Commerce Awards. He agreed with Councilmember Smith that the train has left the station regarding the pipeline, even though he felt a bit queasy when he heard there was no permit for the bridge. CITY MANAGER REPORTS City Manager McCarthy reported that there will be a Study Session/Special meeting on March 29, the April 4th meeting will be cancelled, and the next Council meeting will be on April 18. He noted that there will be several upcoming closures on the Highway 68 roundabout project, and he urged the public to view Monterey.org/construction for the latest update. ADJOURNMENT Mayor Roberson adjourned the meeting to closed session at 8:15 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 11:03 p.m., Information Resources Director/City Clerk Gawf announced the following. On a roll call vote the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding 84 Fisherman’s Wharf (Wharf 1 Concession 18, Sam’s Fishing Fleet); under negotiation were price and terms for a new lease. The vote was 4-1, with Councilmember Haffa voting no. In a conference with real property negotiators regarding 39 Fisherman’s Wharf (Wharf 1, Concession 6, Old Fisherman’s Grotto, under negotiation were terms and conditions for an extension of the lease, the City Council received a report and took no action. The City Council received a report in a conference with legal counsel regarding existing litigation regarding Balesteri v. City, and Shepherd v. City. The City Council received a report in a conference with legal counsel regarding potential litigation, consideration of whether to initiate litigation in one case. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 7