Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 18, 2017 4:00 p.m. - 5:30 p.m. 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, Community Services Director, Finance Director, Human Resources Director, Interim Public Works Director, Chief Building Official, Principal Planner, Sustainability Coordinator, Urban Forester, Human Resources Analyst, Property Management Administrative Analyst, Associate Civil Engineer CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognize Arbor Week and Receive the 36th Consecutive Tree City Award (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 101-01) Action: Read Proclamation and received award Mayor Roberson read a Proclamation recognizing Arbor Week. Acting Public Works Director Wittry introduced Forrester Morton, and he presented the award. 2. Clean Air Leader Awards (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received award Acting Public Works Director Wittry introduced Anna Rourke, Monterey Bay Air Pollution Control District representative, and she made the presentation PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Rene Leonard voiced concerns regarding the condition and lack of cleanliness of the Transit Plaza. David Beech said that the recently submitted report from CalAm supports the idea that there is an existing pipeline with the capacity to handle the new water supply. He asked Council to consider asking for figures behind the report, agendize the matter, and stop the construction of the new pipeline. Lance Kohler, Portco, Inc., regarding 43 Fisherman's Wharf, said that they look forward to supporting local jobs. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Council held a brief discussion on some of the Consent items.  City Council Minutes Tuesday, July 18, 2017 On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda: 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 3. May 24, 2017 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved 4. June 20, 2017 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 5. Authorize the Appropriation and Transfer of Funds for the Purchase of (1) Replacement Storm Water Division Utility Bed Truck; (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 17-115 C.S. 6. Award a Contract for the Purchase of Copiers (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources 105- 03) (Information Resources - 105-03) Action: Adopted Resolution No. 17-116 C.S. Ordinances 7. 1st Reading to Amend Monterey City Code Chapter 2, Article 4 to Revise the Name and Responsibilities of the Colton Hall Museum and Cultural Arts Commission and Add Sec. 2-19 Quorum, Voting Requirements and Sec. 2-20 Compensation (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 On question CHM/CAC Chair Castagne gave a brief explanation of the history and process for this item. 8. 2nd Reading – M.C.C. Section 38-11 Amendment to Add Definition for Emergency Shelter and to Add Article 16B to Create a New Emergency (Homeless) Shelter Overlay Zoning District to Permit Emergency Shelters Meeting Specific Operational and Management Requirements by Right; and Apply the Overlay Zone to Certain Properties Zoned Industrial (IR), Commercial Office (CO) Except for Properties Located on El Dorado Between Major Sherman Lane and Mesa Road; Community Commercial (C-2) Except for the Del Monte Center, and Properties Fronting Wave Street and Foam Street; General Commercial (C-3) Between Dela Vina and Highway One, Planned Community Lighthouse (PC-L) Except for Parcels Fronting Lighthouse Avenue, Planned Community-North Fremont (PC-NF) Except for Parcels Fronting North Fremont, Planned Community-Downtown (PC-D) Except for Properties Fronting Alvarado and Calle Principal and Properties Within the Royal Presidio, Heritage, Island of the Adobes, and 2  City Council Minutes Tuesday, July 18, 2017 Recreation Character Areas (Exempt from CEQA per Article 19, Section 15305 and 15061(b)(3)) (Plans & Public Works - 701-11) Action: Adopted Ordinance No. 3571 Mayor Roberson opened public comment on the item. Mike Pekin referenced his recent email to the Council and asked them to consider that Monterey has no overall plan regarding homelessness. He asked Council to consider creating a plan. With no further requests to speak, Mayor Roberson closed public comments on the item. Resolutions 9. Amend Resolution 14-187 Authorizing an Amendment to the Professional Services Agreement with Skidmore, Owings, and Merrill, LLP for Architectural and Engineering Design for the Monterey Conference Center Renovation Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704- 05) Action: Adopted Resolution No. 17-117 C.S. 10. Adopt a Resolution Endorsing Vision Zero (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 (Plans & Public Works - 803-17) Action: Adopted Resolution No. 17-118 C.S. 11. Amend Resolution 16-120 to Increase the Contingency for the Citywide ADA Ramps and Street Reconstruction - Phase 2 (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. 17-119 C.S. 12. Re-Appropriate Department of Parks and Recreation Grant Funding, Award a Professional Services Agreement to ESA to Prepare an Environmental Study for the Monterey Sand Compatibility and Opportunistic Use Program (SCOUP) Environmental Document, and Appropriate Additional Funding (Exempt from CEQA Article 19, Section 15306, Class 6) (Plans & Public Works - 409-02) Action: Adopted Resolution No. 17-120 C.S. 13. Amend Resolution 15-117 to De-appropriate the Oak Grove Property Acquisition Project and Re-appropriate Funds into Various Neighborhood Improvement Program Accounts ***NIP*** (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 17-121 C.S. Other 14. Consider Subcommittee Recommendation and Make Appointments to the Architectural Review Committee, Colton Hall Museum and Cultural Arts Commission, Library Board of Trustees, and the Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-06) Action: Discussed; appointed Board, Commission, and Committee members as recommended by the Subcommittee Mayor Roberson reviewed the process that the Subcommittee follows for these appointments. Councilmember Haffa said that he plans to support the recommendation. He said that he would like to highlight applicants Jeffrey Tibbets, ARC; Marsha Moroh, Library Board; and Charles Lerable, Planning Commission, as people who stand out with excellent qualifications. 3  City Council Minutes Tuesday, July 18, 2017 Councilmember Barrett suggested that Councilmembers keep an open mind until they have heard all of the discussion. He said that this is an opportunity to bring people into government service. He voiced concerns regarding the recommendation to appoint Mr. Brassfield to the Planning Commission. Mr. Barrett said that while he likes Mr. Brassfield and appreciates his activity within the community, he is concerned about public statements he has made, his strong advocacy, and his ability to be objective. He suggested Mr. Charles Lerable for the Planning Commission based on his qualifications. Councilmember Smith said that there is most likely another vacancy coming up on the Planning Commission if Mr. Widmar is appointed to the Library Board. He said that Mr. Brassfield is an extremely experienced administrator, has a neighbor's heart, and a history of crime prevention by environmental design. He supported Mr. Brassfield's appointment to the Planning Commission. He said that he would not hold advocacy for one’s neighborhood against an individual. He said that it is important to have people who know the community in addition to those within the industry. Councilmember Albert asked if the applicants receive a briefing from staff prior to the interviews, and Information Resources Director/City Clerk Gawf reviewed the information that is available to the applicants. Mayor Roberson opened public comments on the item, had no requests to speak, and returned the discussion to the dais. Councilmember Albert said that interviews are important because it is difficult to discern qualities from the documents submitted, even if the qualifications look good. He said sometimes it is good to go with the "known." Mayor Roberson said that all Councilmembers likely ran because they felt strongly about issues. He said people have free speech rights and should not be disqualified for exercising them. He said that having someone willing to speak out is desirable, and he knows that Mike has integrity. Mr. Barrett said that regardless of who is appointed, he hopes they have an open mind. He said that he has great confidence in Mike as an individual, and he will support the recommendation. Councilmember Smith said that a seven member board encourages diversity and he thinks this appointment will create a strong team. Councilmember Haffa assured his colleague that he listened to the discussion with an open mind, and said that he believes that having a neighborhood advocate balances the Planning Commission. He said that Mr. Brassfield is honorable and he listens. 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 43 Fisherman's Wharf (Wharf I Concession 7); Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete; Negotiating Parties: 1) Alvarado Restaurant Partners, L.P.; 2) Dennis Joshi; 3)Deborah Hannas and Michael Hannas II, and 4) Portco, Inc.; Under Negotiation Price and Terms for New Lease (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 4  City Council Minutes Tuesday, July 18, 2017 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 32 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Bay Boatworks Company; Under Negotiation: Terms and Conditions for Consent to Concession Agreement (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 17. Approve the Design for the Wayfinding Sign Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 803-23) Action: Approved ***End of Consent Agenda*** PUBLIC HEARING 18. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer's Report for Fiscal Year 2017/2018 (Exempt from CEQA, Article 19, Section 15301, Class 1) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 17-122 C.S. Mayor Roberson requested anyone wishing to protest the assessment to turn in their protest ballots at this time. No one came forward. He opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 17-122 C.S., confirming the Alvarado Street Maintenance District 85-1 area and assessment proposed in the Engineer's Report for Fiscal Year 2017/2018: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer's Report for Fiscal Year 2017/2018 (Exempt from CEQA, Article 19, Section 15301, Class 1) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 17-123 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 17-123 C.S. confirming the Calle Principal Maintenance District 00-1 area and assessment proposed in the Engineer's Report for Fiscal Year 2017/2018: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, July 18, 2017 PUBLIC APPEARANCE 20. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 407-08) Action: Adopted Resolution No. 17-124 C.S. Mayor Roberson opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution No. 17-124 C.S. certifying compliance with State law with respect to levying assessments and special taxes: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 21. Adopt Recommended Capital Improvement Program (CIP) Projects for FY 2017/18 and FY 2018/19 (See Agenda Report for Project Specific Environmental Review) (Plans & Public Works - 807-02) Action: Adopted Resolution No. 17-125 C.S. Acting Public Works Director Wittry presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 17-125 C.S. approving the recommended Capital Improvement Program (CIP) projects for FY 2017/18 and FY 2018/19: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None OTHER BUSINESS 22. Designate Voting Delegate for 2017 League of California Cities Annual Conference - September 13-15, 2017 in Sacramento, CA (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 101-12) Action: Designated Councilmember Smith as the Voting Delegate and Councilmember Albert as the Alternate Council held a brief discussion on this item. 6  City Council Minutes Tuesday, July 18, 2017 On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council designated Councilmember Smith as the Voting Delegate and Councilmember Albert as the Alternate for the 2017 League of California Cities Annual Conference: 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 recessed, and the Mayor reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. Mayor Roberson opened public comments on the closed session items. There were no requests to speak, and he closed the floor and adjourned the meeting to closed session at 7:05 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following closed session actions: Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; Employee Organization: Monterey Executive Management Employees' Association (MEMEA) Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators Closed Session Conference with Real Property Negotiators Pursuant to Government Code 54956.8 Property: 39 Fisherman's Wharf (Wharf I Concession 6; Old Fisherman's Grotto) Agency Negotiators: John Mahoney, Kimberly Cole and Janna Aldrete Negotiating Parties: Chris Shake, Old Fisherman's Grotto, Inc. Under Negotiation: Terms and Conditions for Extension of Lease Action: On a roll call vote, the City Council gave confidential direction to their negotiators (4-1; Haffa voting no) Closed Session Conference with Real Property Negotiators Pursuant to Government Code 54956.8 Property: 43 Fisherman's Wharf (Wharf I Concession 7) Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete Negotiating Parties: 1) Alvarado Restaurant Partners; 2) Dennis Joshi; 3) Deborah Hannas and Michael Hannas II; and 4) Portco, Inc. Under Negotiation: Price and Terms for New Lease Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators 7  City Council Minutes Tuesday, July 18, 2017 Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 32 Cannery Row Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monterey Bay Boatworks Company Under Negotiation: Terms and Conditions for Consent to Concession Agreement Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators Closed Session 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: Frederik Kennifer (Johnson, Fantl & Kennifer, LLP) Under Negotiation: Price and Terms for Property Purchase Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): (1) Balesteri v. City (2) Colletto v. City (3) Custom House, LP v. City (4) Roberts v. Cannery Row Co. et al (5) Donald Miller v. City (6) Stronghold Engineering, Inc. v. City (7) Turn Down the Lights v. City Action: On a unanimous roll call vote, the City Council gave confidential direction to their legal counsel ADJOURNMENT Council adjourned from Closed Session at 9:30 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 8