Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 5, 2017 4:00 p.m. - 6:30 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, Police Chief, Interim Community Services Director, Fire Chief, Interim Community Development Director, Finance Director, Interim Public Works Director, Traffic Engineer, Property Management Administrative Analyst, Human Resources Director CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamations Mayor Roberson presented proclamations to Petty Officer First Class Daniel Coley, and A1C Ryan Ruspil, and each made brief comments. Sergeant Kyle DeAndrade was also recognized, but was unable to attend tonight's meeting. 2. Recognition of Jacob's Heart Children's Cancer Support Services and Declaration of September Childhood Cancer Awareness Month (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented Proclamation Mayor Roberson presented a Proclamation honoring Jacob's Heart Children's Cancer Support Services and a Declaration of September as Childhood Cancer Awareness Month. 3. Presentation on the Placement of Rip Current Signs Along Del Monte Beach (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 809-08) Action: Received report Administrative Analyst Potter gave a brief report regarding rip currents on Del Monte Beach. He introduced Dion Iberra, Founding Director of the Wahini Project, and she gave the presentation.  City Council Minutes Tuesday, September 5, 2017 PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized items. Phyllis Grillo Weinbrenner, Monterey resident, voiced concerns regarding a storm drain blockage that caused flooding in her home and a resulting claim that was denied. She asked Council to reconsider her claim. Marlene Perfecto Huckleberry asked to agendize a discussion on the Thanksgiving Community Dinner and submitted written material. Timothy Barrett stepped down from the dais and said that Labor Day is more than a vacation; rather it is a time to consider how the City can stimulate a diverse and robust local economy. He said that the ComCap17 Conference will be in town on September 10-13 and will address how to control our own economic destiny. He provided additional details regarding the keynote speaker and breakout sessions. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmembers requested removal of Item 27 and Item 28 for discussion. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent Agenda, except Items 27 and 28: 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 4. June 28, 2017 (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 5. July 18, 2017 (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 6. July 26, 2017 (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 7. August 15, 2017 (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Award of Contracts 8. Award Municipal Improvements On-Call Contract 2017-2018 For City Projects ***CIP/NIP*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 17-143 C.S. 2  City Council Minutes Tuesday, September 5, 2017 9. Award Municipal Improvements On-Call Contract 2017-2018 For Presidio Municipal Services Agency (PMSA) Projects ***PMSA*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061; Excluded from NEPA per Title 32 CFR 651 Appendix B Categorical Exclusion (e) (1)) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-144 C.S. Ordinances 10. 1st Reading – Adopt Monterey City Code Chapter 9, Article 10, to Create an Expedited Permit and Inspection Process for Electric Vehicle Charging Stations (AB 1236) -- Continued from August 15, 2017, and Recommended to be Tabled (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 202- 01) Action: Tabled 11. 1st Reading – to Add Monterey City Code Chapter 9, Article 10, Section 9-92 et. seq., to Create an Expedited Permit and Inspection Process for Electric Vehicle Charging Stations to Comply with State Law (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 202-01) Action: Passed Ordinance to print 12. 1st Reading - Amend Monterey City Code Section 23-4 to Allow Alcohol at Recreation Areas 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 13. 2nd Reading - Rezone 600 E. Franklin Street from PC-D to PC-D-H-2; and Rezone 1130 Roosevelt Street from R-1-6 to R-1-6-H-2; (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) (Plans & Public Works - 701-11) Action: Adopted Ordinance 3573 and Ordinance No. 3574 Resolutions 14. Approve Deaccession of 25 Art Objects from the City Art Collection (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Adopted Resolution No. 17-145 C.S. 15. Amend Resolution 15-215 to Update Police and Fire DUI Incident Fees (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 407-06) Action: Adopted Resolution No. 17-146 C.S. 16. Authorize Agreement with TriCord Management, LLC to Provide Trade Show Electrical and Event Electrical Services in the Monterey Conference Center and Other Venues (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Adopted Resolution No. 17-147 C.S. 3  City Council Minutes Tuesday, September 5, 2017 17. Ratify the Sole Source Contract for the SATCOM Satellite Main Computer Service Contract with Eaton Corporation and Amend the Contract to Increase the Dollar Threshold for the Navy Research Laboratory (NRL) Uninterrupted Power Supply (UPS) Service at Camp Roberts ***PMSA*** (Categorically Excluded from NEPA under Part II, Department of Defense, 32 CFR Part 651, Appendix B, II,(e)(1)),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. 17-148 C.S. 18. Approve the Second Amendment of the Joint Exercise of Powers Agreement for the Monterey Regional Water Pollution Control Agency to Change the Name of the Agency to Monterey One Water (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 17-149 C.S. 19. Adopt the FY2017/18 Salary Schedule for Regular and Regular Part-Time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 402-05) Action: Adopted Resolution No. 17-150 C.S. 20. Approve Mid-Year Special Events Support Grant Program Funding of $30,000 for 15 Community Events for Fiscal Year 2017-2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 302-06) Action: Adopted Resolution No. 17-151 C.S. 21. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects under the Presidio Municipal Services Agency Intergovernmental Support Agreement***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 - 704-05) Action: Adopted Resolution No. 17-152 C.S. 22. Amend Resolution No. 14-093 to Revise Name of Lessee to FHP Munras, III for Property Located at 595 Munras Avenue (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 17-153 C.S. 23. Award a Professional Service Agreement for Program Management and Construction Management to Ausonio Incorporated (Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 17-154 C.S. 24. Authorize the City Manager to Execute an Agreement for the Purchase of Furniture for the Monterey Conference Center Renovation *** CIP*** (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. 17-155 C.S. 25. Authorize the City Manager to Execute an Agreement for the City of Monterey to Provide Information Technology Services to the City of Pacific Grove (Not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). (Information Resources - 706-08) Action: Adopted Resolution No. 17-156 C.S. 4  City Council Minutes Tuesday, September 5, 2017 Other 26. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 380 Alvarado Street, Suite 202; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Debra Vaniman Crawford; Under Negotiation: Terms and Conditions 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: Approved 27. Approve Request to Initiate Amendments to the North Fremont Specific Plan (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 201-13) Action: Removed from Consent; discussed; approved Interim Community Development Director Cole presented the agenda report. Mayor Roberson opened public comments on the item. Richard Ruccello, President of Casanova Oak Knoll Neighborhood Association, said that the plan envisions a walkable village. He said that the language needs to be clearer and provide more precise guidance, and the parking plan needs to be refined. He said that a couple more public meetings are needed. With no further requests to speak, Mayor Roberson returned the discussion to the dais. Councilmember Barrett said he is always open to additional public meetings, and he agreed that the language needs to be narrowed and made more specific. He said that this should be looked at in a holistic way, and he does not want to lose the multimodal aspect. Councilmember Smith said that the plan is not specific enough, and an addendum might be necessary. He supported having additional dialog with the community on this issue. Councilmember Haffa said that the adoption of the plan was controversial and voiced concerns that reopening it could become divisive. He said that he would like to see the commercial areas filled in. He said that he would like to have specific goals if this is discussed further, and he suggested tackling how to make mixed use happen. He suggested a public hearing to get more feedback from neighbors and developers. Councilmember Albert said that detailing the process to the developers might be useful. He said that a timeline would be important to keep the process from taking too long. Mayor Roberson said that he has received feedback that some businesses and neighborhoods would like to sit down with staff and fine tune the plan. He suggested asking the staff to meet with some of the stakeholders to look at the five specific areas. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council directed staff do some scoping, meet with stakeholders, and return to the Council with a recommendation: 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, September 5, 2017 28. Approve Subcommittee Recommendation and Make Appointments to the Colton Hall Museum and Cultural Arts Commission, Measure P Oversight Committee, and the Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Removed from Consent; discussed; approved Subcommittee recommendation Councilmember Haffa asked the Subcommittee members to discuss their criteria for the Planning Commission recommendation and whether gender was a consideration. Councilmember Smith said he based his decision on the resumes, the interviews, and the answers to the questions that were asked. He said that all five candidates were qualified, and it came down to how they answered questions. He said that he looked for people who could serve without bias. Mayor Roberson said that he has had the pleasure of serving with women and he has always valued that experience. He said that Mr. Ezekiel is imminently qualified. He reviewed the qualifications of the other applicants. Councilmember Haffa noted that Molly Evans has been a civil engineer for many years. He said that he hopes the subcommittee looks at gender in the future and other types of diversity when making recommendations. Councilmember Albert said that the one on one conversation is probably the most important piece of the process and that is why we have a Subcommittee. He said that he would support the recommendation. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Subcommittee Recommendation for Appointments to the Colton Hall Museum and Cultural Arts Commission, Measure P Oversight Committee, and the Planning Commission: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC HEARING 29. Approve the Program Year 2016 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) (Plans & Public Works - 201-09) Action: Adopted Resolution No. 17-157 C.S. Administrative Analyst Ljubimow presented the report and answered Councilmembers' questions. 6  City Council Minutes Tuesday, September 5, 2017 Mayor Roberson opened public comments on the item. Mike Pekin thanked the staff, voiced concerns regarding an emergency homeless shelter, and referenced materials from Fort Bragg, He cautioned Council not to place a diverse mix of people in the same shelter. Lynn Young, Executive Director of Josephine Kerns Pool, said that they are very grateful for the annual grants they receive. She thanked Council and the Property and Housing staff. Rob Rapp, Community Human Services and Safe Place, said that they received a CDBG grant, and he thanked the Council and the City staff for their help in the grant process. He said that they served 308 homeless youth in the last year, with over 100 under the age of 18. With no further requests to speak, Mayor Roberson closed public comment on the item. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 17-157 C.S. approving the Program Year 2016 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and authorized submission to the U.S. Department of Housing and Urban Development: 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 called a recess at 5:42 p.m., then reconvened the meeting at 5:52 p.m. PUBLIC APPEARANCE 30. Authorizing the Expenditure of Funds for Non-Sworn Public Safety Presence in the Downtown and Tidelands Areas, and Staffing at the Discretion of the Chief of Police (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 406-04) Action: Adopted Resolution No. 17-158 C.S. (3-2; Barrett and Haffa voting no) Mayor Roberson opened the floor for questions from the City Council. Chief Hober explained that this action will allow him to hire private security to fill in when the part time CSOs are not available. Mayor Roberson opened public comment on the item. Rick Johnson urged Council to move forward with this action. He said that while the businesses support having CSOs, they need to have private security to fill in. He spoke about the importance of the one-on-one contact with the security personnel. Having no further requests to speak, Mayor Roberson returned the discussion to the dais. Councilmember Barrett fully supported the CSO program and said that he would like to enact a policy saying that the program must be up and running right away. Councilmember Smith disagreed, saying that it will take time to get the CSO program up and running, and the private security contractor has filled in quite nicely. He said he would not want to completely eliminate the private security, and he is OK with a hybrid program. It was moved by Mayor Roberson, and seconded by Councilmember Smith, to adopt Resolution No. 17-158 C.S., authorizing the expenditure of funds for non-sworn public safety presence in the Downtown and Tidelands areas, and staffing at the discretion of the Chief of Police. 7  City Council Minutes Tuesday, September 5, 2017 Councilmember Haffa said that he would support the motion if it included only Community Service Officers without using public funds for private security. He said that he would support more resources, and he voiced concerns that other neighborhoods and business districts would want private security. Councilmember Barrett offered a substitute motion to authorize the Police Chief to move forward with all haste with the CSO program, recognizing risks, and implementing what is in the public domain with the public police force. Councilmember Haffa seconded the motion. It failed by the following vote: AYES: 2 COUNCILMEMBERS: Barrett, Haffa NOES: 3 COUNCILMEMBERS: Albert, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The original motion passed by the following vote: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 31. Adopt Resolution Amending the July 1, 2016 June 30, 2018 Memorandum Of Understanding by Side Letter with the Monterey Executive Management Employees’ Association and Authorize an Appropriation of Funds for FY17/18 and FY18/19 and Amend Adopted FY17/18 Salary Schedule (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 507-01) Action: Adopted Resolution No. 17-159 C.S. Mayor Roberson introduced the item, and Human Resources Director Hauck 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. 17-159 C.S., amending the July 1, 2016 June 30, 2018 Memorandum Of Understanding by Side Letter with the Monterey Executive Management Employees’ Association and authorized an appropriation of funds for FY17/18 and FY18/19 and amended adopted FY17/18 Salary Schedule: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Mayor Roberson opened public comment on the closed session item, had no requests to speak, and closed public comments. He adjourned the meeting to closed session at 6:10 p.m. 8 City Council Minutes Tuesday, September 5, 2017 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the that the City Council gave confidential direction to their negotiators in a conference with Real Property Negotiators regarding Property at 380 Alvarado Street, Suite 202, Agency Negotiators: Kimberly Cole and Janna Aldrete, Negotiating Parties: Debra Vaniman Crawford, Under Negotiation: Terms and Conditions for New Lease. ADJOURNMENT Council adjourned at 6:18 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 9