Council Regular Meeting

MINUTES CITY Council Regular Meeting CITY OF MONTEREY Tuesday, September 19, 2017 4:00 p.m. - 6:00 p.m. Few Memorial Hall of Records, 580 Pacific Street MONTEREY, CALIFORNIA Councilmembers Councilmember Albert, Councilmember Barrett, Councilmember Haffa, Present: Councilmember Smith, Mayor Roberson Absent: None City Manager, City Attorney, Assistant City Manager, Police Chief, City City Staff Attorney, Interim Community Development Director, Finance Director, Present: Community Services Director, Conference Center General Manager, Interim Public Works Director, Traffic Engineer, Housing and Development Manager, Human Resources Director, Employee Relations Manager, Recording Secretary CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Transportation Agency of Monterey County (TAMC) Highway 68 Presentation (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 807-02) Action: Received report. City Manager McCarthy introduced the item and Grant Leonard with Transportation Agency Monterey County gave a presentation on a scenic highway plan, which he said included a holistic analysis from Blanco Road in Salinas to Monterey. Mayor Roberson opened the floor for public comments on the presentation. Tom Rowley said that after moving to the Fisherman’s Flats neighborhood, he had many years of experience travelling along the Highway 68 corridor and said that widening it may be beneficial to travelers by eliminating the gridlock that occurred during peak travel times. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Patricia Domingo of New Monterey thanked Councilmembers for their efforts and the resulting ordinance on Short Term Rentals within the City, noting that she was proud to live in Monterey, but that 1  she had seen a change in the city’s atmosphere over the past several years, with an increase in population, traffic and overall activities. Tom Rowley thanked Council for approving the Sister City relationship with Isola delle Femmine, Italy. He also said that as a NIP representative he was able to develop a security plan for public art in Monterey, and urged staff to consider possibilities for the monitoring of public art even if nominal fees were involved. Esther Malkin proposed outdoor calisthenics areas for senior citizens that she suggested placing in public parks, noting that she drew her inspiration from an AARP article. She said that outdoor workout spaces should be free to everyone, which would in turn benefit the City. CONSENT ITEMS City Manager McCarthy said that staff had requested to remove item 7 from the consent agenda. Mayor Roberson abstained from Item 8 only. Staff briefly answered Councilmembers’ questions on item 4. Mayor Roberson opened public comments on the consent agenda and receiving none, closed public comments. On a motion by Haffa seconded by Barrett and carried by the following vote, the City Council approved the Consent Agenda, with the exception of Item 7. AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Roberson (Item 8 only) RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. September 5, 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 as submitted. Ordinances 3. 2nd 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: Adopted Ordinance No. 3575 C.S. 4. 2nd 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: Adopted Ordinance No. 3576 C.S. 2  Resolutions 5. Authorize City Manager to Enter Into a License Agreement with Eden Council for Hope and Opportunity (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) (Plans & Public Works - 201-09) Action: Adopted Resolution 17-160 C.S. 6. Amend Resolution 17-083 to De-appropriate Measure X Funds and Authorize an Appropriation of Regional Surface Transportation Program (RSTP) Funds for the Hwy 1/Holman Hwy 68 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 807-02) Action: Adopted Resolution 17-161 C.S. 7. Authorize Agreement with Monterey County Convention & Visitors Bureau for FY 2017-2018 Destination Marketing and Group Sales Services, Convention Housing and Delegate Services, and Operation of Visitor Information Center (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 704-05) Action: Adopted Resolution 17-162 C.S. Item 7 was removed from consent and discussed. City Manger McCarthy introduced the item and Community Services Director Bui-Burton gave a brief presentation and took questions from Councilmembers. Councilmember Albert stated his appreciation for the budget breakdown and asked for an explanation of programs and talent that appeared within the report. Rob O’Keefe, Chief Marketing Officer for Monterey County Convention & Visitors Bureau, addressed Councilmember Albert’s question and spoke about staff’s work that incentivized the promotion of the Monterey Conference Center. Mayor Roberson opened public comment and Richard Ruccello, Mike Brassfield, Patricia Domingo, Esther Malkin, Scott Hanson, and Suzie Allen spoke in favor of allotting transient occupancy tax funding to two additional positions at the City Police Department for traffic coverage, noting the importance of street presence to prevent crime and vagrancy issues, to prevent drug issues, and to improve the overall welfare of the City. Ms. Domingo suggested educating rental car agencies that serve the Monterey Peninsula so that tourist drivers would be well-resourced when travelling about the peninsula. Ms. Malkin noted that the more events and tourists we have in town, the more important a strong police presence is, adding that tourists do not want to visit unsafe cities. Steve McNally, General Manager of the Hyatt Regency Monterey, agreed that more officers were needed, but said that he would like to utilize the funding as proposed because the success of the Monterey Conference Center was important to the city. Rene Boskoff, General Manager of the Monterey Marriott agreed with Mr. McNally and suggested considering alternatives such as adding red light cameras to address speeding tickets in order to alleviate some of the traffic concerns raised by citizens. On behalf of the Monterey County Hospitality Association, Gary Cursio concurred with Mr. McNally and Mr. Boskoff, but said that he was in support of keeping the proposed budget intact. John Narigi noted that tourism was Monterey’s lifeblood and maintaining its funding was important to the overall health of the City’s economy. He asked that funding not be reallocated. Janine Chicourrat, General Manager of the Portola Hotel & Spa, said that she was grateful for the Monterey Police Department and that the aforementioned 3  issues needed to be addressed. She noted that as a result of the Monterey Conference Center’s construction, the Portola Hotel had not been able to generate and contribute projected earnings. She urged Councilmembers to maintain the current budget formula. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson said that he felt that public safety was the heart and soul of tourism and noted that two additional police positions would be a good decision for the safety of the City, as well as for the wellbeing of the tourism industry. It was moved by Councilmember Smith and seconded by Councilmember Albert that the City Council adopt resolution No. 17-162 C.S. to authorize agreement with Monterey County Convention & Visitors Bureau for FY 2017-2018 Destination Marketing and Group Sales Services, Convention Housing and Delegate Services, and Operation of Visitor Information Center. Councilmember Smith said that while he was in favor of a properly-staffed police department, he felt that it would be shortsighted to reallocate funding in order to create positions. He noted that the issue could be revisited in the future. Councilmember Albert said that he understood the budget had already been balanced and that reallocation would be difficult, but said that when the next budget was built, additional public safety positions should be taken into account. Councilmember Haffa said that he was sympathetic to the complaints of traffic issues and homelessness and that he would support enhancing the traffic division during the next budget implementation. He added that if revenue could be generated from the Monterey Conference Center, funding would be available to create additional staff positions for traffic officers. Councilmember Barrett concurred that supporting police services was critical to the community, but said that he would prefer to expand revenue and diversify the City’s economy. He noted that they should take the item under advisement and therefore was in support of staff’s recommendation. He added that he would like a budget breakdown of the cost to fund two police officer positions including PERS, technology options, trajectory for the police force and other information, which he would submit in writing. 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 8. Identify the Reconstruction of Via Gayuba as the Project to be Funded by SB-1: The Road Repair and Accountability Act (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-01) Action: Adopted Resolution 17-163 C.S. (4-0-1; Roberson abstaining) 4 9. Amend Resolution 17-098 Adopting the Budget of the City of Monterey for Fiscal Year 2017- 2018 and Resolution 17-150, the Adopted Salary Schedule, Based on the 2017-2018 Reclassification & Salary Adjustment Review, and Authorize an Appropriation of Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 502-03) Action: Adopted Resolution 17-164 C.S. 10. Approve Memorandum of Understanding to Designate Transportation Agency for Monterey County (TAMC) as Lead Agency for Environmental Review of Fort Ord Regional Trail and Greenway (FORTAG) Project (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-13) Action: Adopted Resolution 17-165 C.S Other 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 398 Belden Street; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Maria Favaloro and Gina Favaloro; Under Negotiation: Terms and Conditions of Potential Property Purchase (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. ***End of Consent Agenda*** Mayor Roberson adjourned the meeting to the Ocean View Community Services District meeting. 12. 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. Chair Roberson opened public comments on the item, and having no requests to speak, and closed public comments. Adjourn to City Council Meeting The OVP CSD Board adjourned back to the City Council meeting. PUBLIC APPEARANCE 13. Pre-commit Water from the City’s Water Allocation for Projects that Include Affordable Housing (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Received report; adopted Resolution 17-166 C.S. City Manager McCarthy introduced the item, and Acting Community Development Director Cole presented the staff report and answered Councilmembers' questions. 5 Mayor Roberson opened public comments on the item, and Eric Miller, architect, builder and owner, noted that that water availability was a continuing issue for his project at 575 Foam Street. He offered to contribute $40,000 to the City to be utilized for inclusionary housing in order to obtain the small amount of water necessary for his project. Owen Taylor spoke about 663 Lighthouse and gave a brief history of the building and its previous business, Searle Art Supply. He said that he believed that the prospective business for the address could revitalize Lighthouse Avenue and therefore it would be a good candidate to receive water. Christine Kemp, land use attorney speaking on behalf of Mr. Taylor, said that they understood the importance of inclusionary housing, but also understood the importance of the livelihood of the city, the need for a consistent revenue stream and the Lighthouse Specific Plan. She said that they requested that the City Council reject existing proposals and re-circulate the existing RFP in order to make it a level playing field. Chad Brown, representative for 591 East Franklin Street, thanked Council for the opportunity and said that he looked forward to providing the City with inclusionary housing. He also invited Councilmembers to the grand opening for the Monterey Hotel affordable apartments on October 13, 2017. With no further requests to speak, Mayor Roberson closed public comments and brought the discussion back to Council. It was moved by Councilmember Haffa and seconded by Councilmember Smith to adopt Resolution 17-166 C.S. to Pre-commit Water from the City’s Water Allocation to 591 E. Franklin Street. Mayor Roberson said that he would like to discuss the motion, as he had gone to look at 591 E. Franklin Street and that he had many concerns regarding the site, including the quality of life for tenants and whether it conformed to the Downtown Specific Plan. He also said that he felt the project would not be ready for ARC or PC within 6 months. Acting Community Development Director Cole explained that if the projects could not meet the initial 180 day commitment, they would need to return to Council for an extension. Councilmember Barrett said that he believed the project was aptly located for inclusionary housing and noted that if the project would be best-utilized if it were a mixed-use building. He said that he would like to see the ARC and PC determine whether the project met all requirements and whether designs set forth were appropriate. Councilmember Smith said that he was in support of the project at 591 E. Franklin Street. He said that we know more water will be available in the future, but that housing was essential. Councilmember Albert said that he enjoyed seeing people walking the length of Lighthouse Avenue and therefore the project at 663 Lighthouse Avenue was very appealing to him, as he would like to see a historic building revitalized. He expressed concern that the project at 591 E. Franklin Street may be too large for the lot and asked if the neighboring properties had been notified. 6  Mayor Roberson said that he would support the project at 591 E. Franklin with the caveat that the structure should not appear monolithic. 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 14. Authorize the City Manager to Negotiate Purchase of Local Groundfish Fishing Rights and Authorize the Appropriation of Tidelands Trust Funds (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 904-01) Action: Received presentation; Discussed; Adopted Resolution 17-186 C.S. City Manager McCarthy introduced the item, and Executive Director of Monterey Fisheries Trust Sherry Flumerfelt and Board Chair Steve Scheiblauer presented a report and answered Councilmembers' questions. Mayor Roberson opened public comments on the item, and Tom Rowley said that we have a gift in the Monterey Bay area and peninsula, that we need to support job development in the marine industry, and that the City can support and maintain local jobs is wonderful. Having no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith noted that maintaining and promoting jobs within marine industry was vital to the city’s economic success. Councilmember Barrett asked if the goal was to provide support for smaller scale, local fishermen, as well as to provide an environment that was conducive to the support of successful fishermen. Mr. Scheiblauer explained that this program would grow new fishing people through the fishing trust, with funding granted through the City. Ms. Flumerfelt further explained that the funding would increase availability for fishermen to acquire loans through partner organizations Councilmember Haffa stated his support of the item, noting that he felt this was an appropriate use of tidelands funds and supporting waterfront commercial activity. He said that he would be open to doing more if the budget could sustain and that maintaining a strong tidelands fund was important to him. On a motion by Councilmember Haffa seconded by Councilmember Barrett and carried by the following vote, the City Council adopted Resolution 17-186 C.S. to Authorize the City Manager to Negotiate Purchase of Local Groundfish Fishing Rights and Authorize the Appropriation of Tidelands Trust Funds: 7 AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC COMMENTS ON CLOSED SESSION Mayor Roberson opened public comments on the closed session agenda. With no requests to speak, Mayor Roberson closed public comments and adjourned the meeting to closed session at 6:39 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 7:05 p.m., City Attorney Davi announced the following closed session actions: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 398 Belden Street Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Maria Favaloro and Gina Favaloro Under Negotiation: Terms and Conditions of Potential Property Purchase (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the City Council gave confidential direction to their property negotiators. cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association) Action: On a unanimous roll call vote, the City Council gave confidential direction to their labor negotiators. ADJOURNMENT Mayor Roberson adjourned the meeting at 7:08 p.m. Respectfully Submitted, Approved, Mary-Kathryn Salameh Clyde Roberson Recording Secretary Mayor 8