Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 19, 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 Acting City Manager, Police Chief, City Attorney, Director of Information Present: Resources/City Clerk, Community Services Director, Fire Chief, Library Director, Interim Community Development Director, Finance Director, Human Resources Director, Assistant Director of Information Resources, Interim Public Works Director, Principal Planner, Associate Civil Engineer, Sustainability Coordinator, Conference Center General Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. He introduced a video captured by the Communications Division of Santa Claus' visit to City Hall. PUBLIC COMMENTS Mayor Roberson opened public comments for items not on the agenda. Charles Wilson, Monterey resident, voiced concerns about 27 million people in Yemen who are enduring an assault by Saudi Aribia. He asked people to contact their representatives in protest to the US support of Saudi Arabia. Having no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that Councilmembers have requested to remove Items 6 and 7 from the Consent Agenda for discussion. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6 and 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 Award of Contracts 1. Approve a Supplemental Appropriation and Transfer of Funds and Award a Construction Contract for the Montecito Park Entry and Seating Installation and Phase 2 Site Improvements Project ***NIP/CDBG*** (Exempt from CEQA Article 19, Section 15303, Class 3 and Exempt from NEPA Section 58.34(a)(12)) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-214 C.S.  City Council Minutes Tuesday, December 19, 2017 2. Award Construction Contract for Ord Military Community Building 7693 Parking Lot Light Replacement (Categorically Excluded from NEPA 32; Project not under CEQA Article 20) ***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 17-215 C.S. Resolutions 3. Amend Resolution 17-154 Awarding a Professional Services Agreement for Program Management and Construction Management Services with Ausonio Incorporated (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. 17-216 C.S. 4. Authorize the Appropriation of Park Dedication Funds for Park Improvements at Jacks Park, Dennis the Menace Park, and Hilltop Park (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 807-02) Action: Adopted Resolution No. 17-217 C.S. 5. Extend Cannery Row Garage Locals Parking Program Through June 30, 2019 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 17-218 C.S. 6. Amend Resolution No. 17-166 Pre-committing Water to 591 East Franklin to Allow a Change in the Affordability Level of One of the Units from Very Low to Moderate Income (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 203-02) Action: Removed from Consent; discussed; tabled Acting City Manager Uslar introduced the item, and Interim Community Development Director Cole 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. Mayor Roberson said that while he is open to the idea, he would prefer to see the plans prior to making a decision on this matter. Councilmember Barrett voiced concerns that assumptions are being made without full information. Councilmember Albert said that he does not understand why one unit would impact the project if the number of units or footprint is not changing. Councilmember Smith said that the applicant is probably in the early stages of arranging financing. He suggested tabling the item until the applicant provides additional information. Councilmember Haffa agreed that the Council needs more information, in particular what kind of analysis has been done. He reminded Council that there is an allotment of 650 units, so he would like to see the project move forward as proposed. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled the matter: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, December 19, 2017 7. Adopt Resolution Requesting the United States Congress Pass Legislation Creating a Carbon Fee and Dividend Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Removed from Consent; discussed; adopted Resolution No. 17-219 C.S. (4-1; Smith voting no) Councilmember Smith voiced reservations about asking Congress to pass legislation without more specifics. He said that he cannot support it without the details. Councilmember Albert asked if the City of Monterey would be included in the list of supporters, and Acting City Manager Uslar confirmed that it would be. Councilmember Smith said that this is a Federal exercise, not local. Councilmember Albert said he would need a representative to support this issue. Sustainability Coordinator Terrasas suggested that members of the Citizens' Climate Lobby could present additional detail. He clarified that Congressman Panetta generally supports the matter but has questions about how the dividend is processed. Mayor Roberson opened the floor to the Citizens' Climate Lobby representative. William Merry said that the congressman's name would be added to the list if Monterey votes to support the matter. He said that the City of Marina is considering the matter tonight and other Monterey County cities are scheduled to consider it in the future. Councilmember Smith said that the list is somewhat misleading because the congressional representatives are not necessarily supporters of the resolution. Mr. Merry said that Congressman Panetta supports a fee and dividend system. Councilmember Smith said that he does not trust the federal government to fairly distribute the dividends. He said that he cannot support another fee. With no further requests to speak, Mayor Roberson closed public comments. It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to adopt Resolution 17-219 C.S., requesting the United States Congress pass legislation creating a carbon fee and dividend program. Councilmember Haffa said that he understands that the details would have to be worked out by congress, but the Council would be supporting the concept. Councilmember Albert said that National issues should stay at the national level. He said that the Council should stay focused on local issues; however climate change directly affects the City of Monterey. He said that while he is apprehensive about this, he believes this issue directly affects the citizens of Monterey. Councilmember Barrett said that this is an important local issue and the City is doing everything possible to limit carbon emissions. He strongly supported the issue. Councilmember Smith said the lowering of carbon emissions is expensive and hurts the consumers. He said he does not want the consumer to get hit again with another fee. 3  City Council Minutes Tuesday, December 19, 2017 Mayor Roberson said that he would support the motion because it is one step in creating the sense of urgency that we need. He said that sea level rise and climate warming is an issue of national security for the military. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Amend Resolution 17-164 to change the Position Control List by adding one Community Development Director and One Public Works Director, While Separating the Plans and Public Works Department into the Public Works Department and Community Development Department, Establishing New Class Specifications and Salaries, and Authorizing an Appropriation of Funds (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 502-03) Action: Adopted Resolution No. 17-220 C.S. 9. Authorize the Appropriation of Museum Trust Funds for a PTS Artifacts Specialist Position through June 30, 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Adopted Resolution No. 17-221 C.S. Other 10. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 116 Mar Vista #126 Agency Negotiators: Kimberly Cole and Elizabeth Caraker; Negotiating Parties: David Cameron; Under Negotiation: Whether to Exercise Option to Purchase Affordable Housing Unit (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 207-03) Action: Appointed Negotiators 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 820 Casanova Street #96; Agency Negotiators: Kimberly Cole and Elizabeth Caraker; Negotiating Parties: Peter Styron and Emily Brown; Under Negotiation: Whether to Exercise Option to Purchase Affordable Housing Unit (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 207-03) Action: Appointed Negotiators ***End of Consent Agenda*** The City Council adjourned 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 4  City Council Minutes Tuesday, December 19, 2017 The Board adjourned back to the City Council meeting, Mayor Roberson opened public comments on the closed session items, had no requests to speak, closed public comments, and adjourned the meeting to closed session at 4:54 p.m. Mayor Roberson called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge CONTINUED PUBLIC COMMENTS Mayor Roberson introduced a video, The City of Monterey's Holiday Greeting Card." The Mayor opened public comments on items not on the agenda. Nina Beety said that it is not a joyous holiday season for many neighbors in Monterey because of the proposed cell towers. She reviewed recent announcements that indicate there might be health issues connected to cell phone radiation. Mayor Roberson said that the cell tower issue will be heard at the January 23 Planning Commission meeting. Lorna Moffett thanked the Monterey Bay sustainable fishermen, saying that the number of fish is increasing in the outer harbor. She recommended a vegan diet for everyone. A gentleman said that the first council held on these grounds was by Native Americans, and Jesuits don't care about anyone in this room. Sean Thompson agreed with a previous speaker about the cell towers, and said that microwave radiation is a major health issue. He suggested a ban on the new type of cell towers until more research has been done. Having no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: In a Conference with Real Property Negotiators regarding property at 820 Casanova Street #96; Agency Negotiators: Kimberly Cole and Elizabeth Caraker; Negotiating Parties: Peter Styron and Emily Brown; Under Negotiation: Price and Terms for Property Purchase, the City Council gave confidential direction to their negotiators. In a conference with real property negotiators regarding property at 116 Mar Vista #126; Agency Negotiators: Kimberly Cole and Elizabeth Caraker; Negotiating Parties: David Cameron; Under Negotiation: Price and Terms for Property Purchase, the City Council gave confidential direction to their negotiators. PUBLIC APPEARANCE 13. Provide Guidance On Request For Monterey Conference Center Advisory Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 902-01) Action: Provided comments and general direction to staff; no action taken Community Services Director Bui-Burton presented the staff report. Mayor Roberson opened public comments. John Narigi said that he and other General Managers are in favor of an ad hoc advisory committee. On behalf of the General Managers, he 5  City Council Minutes Tuesday, December 19, 2017 asked Council to approve that request, saying that he wants to make sure that the committee has some weight and is taken seriously. He said that the General Managers are offering their expertise, experience and services to advise the City. Rene Boskoff, General Manager Monterey Marriott Hotel, agreed with the previous speaker. He clarified that the hoteliers trust the staff and are offering their expertise. Gary Cursio, Monterey County Hospitality Association, said that to insure the success of the proposed advisory board, it must be an ad hoc committee, not a standing committee. He urged Council to move forward with an ad hoc advisory board. Randy Bernard, General Manager of the Inns at Monterey, supported the request to form an ad hoc committee. Janine Chicourrat, General Manager Portola Hotel and Spa, agreed with the previous speakers, saying it is all about maximizing TOT. With no further requests to speak, Mayor Roberson closed public comments on the item. Mayor Roberson said that he very much supports an ad hoc committee. Councilmember Barrett asked who appoints members of an ad hoc committee. City Attorney Davi explained that the City Manager or the Mayor or a Councilmember could form the committee. Councilmember Smith said that he believes the Council should indicate to the Acting City Manager their feedback and he could act on that guidance. Community Services Director Bui-Burton presented some background information on previous ad hoc committees. Councilmember Barrett asked to receive a report on the formation. Acting City Manager Uslar said that the resulting business at the Conference Center will indicate the success of the group. Councilmember Albert asked to ensure that the committee is made up of the people who are nominated by the General Managers in their letter. Councilmember Haffa said that he appreciates the offer of assistance and he is supportive of the concept. He voiced concerns about the request that the committee has 'teeth.' He said he supports the idea of an advisory committee, but he does not want them to direct staff at the Conference Center. Councilmember Smith suggested that this provides an opportunity for the Acting City Manager to establish guidelines and protocol. 14. Extend Locals Parking Program in Waterfront Attendant Lot through June 30, 2019 and Authorize 2018 Pilot Program (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 17-222 C.S. Mayor Roberson opened public comments on the item. Mary Alice Cerrito Fettis, Fisherman's Wharf Association, thanked the Council for the various free parking programs for the holidays and events. She asked for four hours of free parking for locals seven days of the week. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Barrett, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution No. 17-222 C.S., extending the Locals Parking Program in the Waterfront attendant lot through June 30, 2019 and authorizing a 2018 Pilot Program: 6 City Council Minutes Tuesday, December 19, 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 COUNCIL COMMENTS Councilmember Smith said that the Holiday video turned out great and it was fun. He thanked the staff. He wished the community, staff, and Councilmembers Merry Christmas. Councilmember Barrett said that the community has a lot to celebrate, and there is a need to celebrate what is good in order to address the issues and problems as they arise. He wished everyone a Happy Holiday Season. Councilmember Albert wished everyone Happy Holidays. He asked to agendize a discussion in January or February regarding business license fees to review the percentages that businesses are paying. He said that this season is a time of family, and wished everyone a safe and happy Holiday and New Year. Councilmember Haffa said that he walked to the Wharf and spoke with some of the business owners who voiced concerns regarding the newly installed PG&E meters. He said that the City should have a discussion with PG&E about moving the meters. He wished everyone Happy Hanukkah, Happy Kwanzaa, Merry Christmas, and Happy New Year. Mayor Roberson said Happy Holidays. He thanked Community Services Director Bui Burton for her years of service to the City of Monterey, saying that she has made a difference to Monterey's decisions. He said that her father and he were tennis buddies. He spoke about his time on the Library Board working with Kim. He noted that because of her expertise she was appointed Community Services Director during the recession. He wished her all the best and thanked her, and told her to have fun. He said that Laura Ingalls Wilder wrote about Christmas on the Prairie, saying she received a cupcake with white sugar, a candy cane, a tin cup, and a penny. He wished everyone has the best Christmas ever. CITY MANAGER REPORTS There was no report. Mayor Roberson adjourned the meeting to a closed session at 8:10 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a closed session for a public employee performance evaluation of the City Manager, City Manager McCarthy tendered his resignation, and on a unanimous roll call vote the City Council accepted his resignation. 7 City Council Minutes Tuesday, December 19, 2017 ADJOURNMENT With no further business to come before the City Council, Mayor Roberson adjourned the meeting at 9:55 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 8