Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 6, 2018 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 Interim City Manager, Interim Assistant City Manager, City Attorney, Finance Present: Director, Human Resources Director, Police Chief, Fire Chief, Library Director, Acting Public Works Director, Acting Community Development Director, Conference Center General Manager, Director of Sales and Events, Senior Assistant City Clerk, Associate Planner, Property Manager, Administrative Analyst/Public Information Officer, Building Official, Finance Analyst, Senior Accountant (2), Accountant/Auditor (2), Principal Engineer, Museum & Cultural Arts Manager, Senior Administrative Analyst (3), Administrative Analyst, Acting Parking Superintendent CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. and announced that Councilmember Haffa would join the City Council at the dais mid-meeting due to commitments at MPC. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Presentation of Award Winners of the Monterey Photo Contest (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-14) Action: Received presentation Interim City Manager Uslar introduced Administrative Analyst/Public Information Officer Huelga, who thanked contest collaborators and judges, and awarded the winners. 2. Present Distinguished Budget Presentation Award from GFOA for the Current Budget (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 101-09) Action: Received presentation Interim City Manager Uslar introduced Assistant Finance Director Bouchard, who introduced members of the Finance Department staff and presented the award. Mayor Roberson complimented the Finance Department staff on their dedication. 3. Lithuania’s 100-year Independence Anniversary Proclamation (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-14) Action: Presented proclamation Mayor Roberson said that it is important to recognize the various countries and cultures that make Monterey special. He read the proclamation and introduced Consul Gediminas Sereika,  City Council Minutes Tuesday, February 6, 2018 Honorary Consul Daiva Navarette, and Dr. Gediminas Ruibys. Consul Sereika expressed gratitude for Monterey’s proclamation and said that independence is meaningful to Lithuanians. Honorary Consul Navarette compared Monterey and Lithuania, which she said share a focus on agriculture, tourism, and education. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on matters not on the agenda. Judy Karas, Monterey resident, invited all to a panel discussion on carbon-free energy on February 18 at the Monterey Public Library. She said that the devastation of nuclear warfare is not open to debate and asked that City Council agendize the late Darby Worth’s request that Monterey become a member of the organization Mayors for Peace. Peggy Olson, Monterey resident, said that even one nuclear bomb could end life on Earth. She said that she wanted to second the request to join Mayors for Peace. Katherine Malone-France, National Trust for Historic Preservation, said that she was pleased to have been able to attend the Historic Preservation Commission’s workshop about reimagining the Cooper-Molera Adobe. She said that the shared-use model is a new model for historic sites, and the Trust is grateful that the City is making this concept a reality. Lin Miller, Foothill Partners, said that the Cooper-Molera Adobe project will provide a distinctive anchor at the top of Alvarado Street. He provided City Council with an update on current construction and the businesses and activities that are planned for the site. Tyller Williamson, Monterey homeowner, encouraged Council to support inclusionary housing. He spoke about the benefits of affordable housing and asked City Council to think about the impact that decisions made today will have on the future. Nina Beety said that Verizon plans dangerous cell towers for Monterey’s neighborhoods, and said that meetings on these cell towers are being delayed. She said that firefighters who had been exposed to wireless technology had experienced severe health problems. Mayor Roberson said that there would be a meeting later in the quarter on the matter of cell towers. Receiving no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened public comments for items on the Consent Agenda. Receiving no requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 4. January 16, 2018 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved (4-0-1, Haffa absent) 2  City Council Minutes Tuesday, February 6, 2018 Award of Contracts 5. Award a Construction Contract for the English Avenue 200-300 Block Improvement Project (Exempt from CEQA Article 19, Section 15302, Class 2 ***NIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-010 C.S. (4-0-1, Haffa absent) 6. Award a Construction Contract for the Colton Hall and City Hall Accessibility Upgrades Project (Exempt from CEQA Requirements per Article 19, Section 15302, Class 2, and Section 15331, Class 31) ***NIP/CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-011 C.S. (4-0-1, Haffa absent) 7. Award of Construction Contract for the Presidio of Monterey Hilltop Ballfield Lighting Replacement Project (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resources Code, § 21080) ***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 18-012 C.S. (4-0-1, Haffa absent) Resolutions 8. Amend Resolution 17-098 Changing the Position Control List by Adding One Full-Time Building Maintenance Supervisor and One Regular Part-Time Administrative Assistant II and Authorize a Resolution to Appropriate Operating Expenses for these New Positions in the Public Works Department (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803-10) Action: Adopted Resolutions No. 18-013 C.S. and No. 18-014 C.S. (4-0-1, Haffa absent) 9. Establish Compensation and Benefits Packages for Unrepresented Executive Management Employees, Unrepresented Confidential Employees, and Unrepresented Regular Part-time and Part-time Temporary Seasonal Employees and Authorize an Appropriation of Funds for FY18/19 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-08) Action: Adopted Resolution No. 18-015 C.S. (4-0-1, Haffa absent) 10. Appropriate Tidelands Funds for Repairs and Maintenance of City-Owned Properties Located Within the Tidelands Boundary (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. 18-016 C.S. (4-0-1, Haffa absent) 11. Amend Resolution No. 17-064 C.S. Awarding a Professional Services Agreement for Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves with COWI North America, Inc (Exempt from CEQA Article 19, Section 15306, Class 6) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-017 C.S. (4-0-1, Haffa absent) 12. Authorize City Manager to Enter Into an Advanced Life Support Provider Agreement with the County of Monterey (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 604-15) Action: Adopted Resolution No. 18-018 C.S. (4-0-1, Haffa absent) 13. Adopt Findings Granting Appeal (AP-17-0609) 860 Wave Street and Denying Use Permit (UP- 17-0428) for a Commercial Recreation and Entertainment Use (Outdoor Miniature Golf); Appellant George Molano; Applicant April Montgomery; Owner Cannery Row Company; C-2 Zoning District; Exempt from CEQA Requirements per Section 15270 (Plans & Public Works - 701-13) Action: Adopted Resolution No. 18-019 C.S. (4-0-1, Haffa absent) 3  City Council Minutes Tuesday, February 6, 2018 14. Accept an Assistance to Firefighters Grant, Appropriate Funds, and Authorize "Piggyback" Purchase of Portable Radio Communications Equipment and related Grant Management Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 405-04) Action: Adopted Resolution No. 18-020 C.S. (4-0-1, Haffa absent) 15. Order Engineer’s Report for Fiscal Year 2018-19 for Calle Principal Maintenance District 00-1 (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 No. 18-021 C.S. (4-0-1, Haffa absent) 16. Order Engineer’s Report for Fiscal Year 2018-19 for Alvarado Street Maintenance District No. 85-1 (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 No. 18-022 C.S. (4-0-1, Haffa absent) 17. Amend Resolution 17-098 to Change the Position Control List by Deleting One Senior Parking Craftsworker Position and Adding One Parking Maintenance Leadworker Position and Amend Resolution 17-150, Adopted Salary Schedule, to Establish New Class Specification and Salary, and Authorizing an Appropriation of Funds (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 502-03) Action: Adopted Resolution No. 18-023 C.S. (4-0-1, Haffa absent) 18. Award Contract to Municipal Resource Group, LLC for Provision of Municipal Support Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 704-05) Action: Adopted Resolution No. 18-024 C.S. (4-0-1, Haffa absent) 19. Authorize City Manager to Sign Amendment to Peninsula Regional Violence and Narcotics Team Memorandum of Understanding to Add the City of Del Rey Oaks as a Participating Agency (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-025 C.S. (4-0-1, Haffa absent) ***End of Consent Agenda*** PUBLIC APPEARANCE 20. Provide Guidance Concerning 2018 Neighborhood Improvement Program Objectives (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 808-01) Action: Gave guidance to Neighborhood Improvement Program Committee Mayor Roberson briefly shared the history of the Neighborhood Improvement Program (NIP). Interim City Manager Uslar introduced Principal Engineer Krebs, who presented the staff report, explaining proposed NIP projects and answering Councilmembers’ questions. Rick Heuer, NIP Spokesperson, said that the NIP Committee wanted City Council’s input on priorities. Mayor Roberson opened the floor for public comments. Judy Karas asked that City Council prioritize Skyline Forest Drive, where she said that speed is an issue and speed bumps would be appreciated. With no further requests to speak, Mayor Roberson closed public comments. On question from Councilmember Barrett, Principal Engineer Krebs said the Traffic Calming Plans project would be specific to neighborhoods. NIP Spokesperson Heuer said that in 2001, City Council made a policy that there had to be a formal traffic study and plan for any proposed 4  City Council Minutes Tuesday, February 6, 2018 NIP traffic calming projects. Acting Public Works Director Wittry said that he would like to propose to City Council in the future a comprehensive traffic calming program that would look at the issue from a Citywide perspective, taking into consideration infrastructure needs along with law enforcement. He said that addressing speed issues on Skyline Forest Drive would require studying traffic in the whole neighborhood. Mayor Roberson said that the NIP was put into the Charter in 1985 specifically so that the projects would be generated by the neighborhoods. He said that in his opinion, giving appropriate guidance to the NIP would mean asking the Committee to look at general matters such as health, safety, welfare, or traffic calming, without specific projects in mind. He said he is not comfortable blessing individual projects, and ideas should be coming from the NIP Committee and residents. He said that the walls at Custom House Plaza are on State property. On question from Councilmember Albert, NIP Spokesperson Heuer clarified that every NIP project originates with an individual, whether it be a resident, a staff member, or even someone who lives in a neighboring city. He said that the criterion for any project is whether it’s convincing enough to get the votes. Principal Engineer Krebs said that there is a base allocation of dollars for the NIP based on the census. Councilmember Smith said that the NIP process is democracy at its finest. He said that this was an opportunity for City Council to express their thinking and observations for the future. He said he would support projects to improve traffic calming, parks and playgrounds, CERT, forest defueling, and the look of the New Monterey entrance at Private Bolio Gate. Mayor Roberson said that he concurred with Councilmember Smith’s guidance, and highlighted public safety as another desired focus. He said that going forward, the City needs to find another revenue source to continue to fund Citywide projects outside of the NIP. 21. Provide Direction on Releasing a Request for Proposals Requesting Water Allocation (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Approved staff recommendation with a modification to indicate that a proposed project can include commercial and off-site affordable housing (5-0) Interim City Manager Uslar introduced the item and described a new option that would allow City Council to allocate water to a commercial property via the RFP process. He said that City Council might want to discuss commercial sites and opportunities to provide employment and economic development in areas that are now vacant. He said that staff’s recommendation was guided by set policies, but City Council could have a frank discussion about revitalization and the economic landscape. Acting Community Development Director Cole presented the staff report and answered Councilmembers’ questions. She discussed the struggles around revitalizing Alvarado Street and the ways that the City Council had addressed it. She said that separate from the water allocation RFP process, the City helped open 18 low-income housing units on Alvarado Street, and Interim City Manager Uslar said that another 18 units for lowest-income seniors would be coming soon on Van Buren Street. Acting Community Development Director Cole said that the staff recommendation was that projects must include affordable housing either onsite or offsite. She said that the General Plan states: “If new water is available for future allocation, the City shall give preference to projects meeting fair-share housing goals.” On question from Councilmember Barrett, Interim City Manager Uslar said that there is a need for about 650 very low to moderate income housing units based on 2014 data and expected 5 City Council Minutes Tuesday, February 6, 2018 population growth. He said that that figure does not take into consideration pent-up demand. He said that the new housing going up in Seaside and Marina is capped because the Fort Ord Reuse Plan also defined a certain number of jobs for the area. He said that there had been hopes for a regional solution but market forces had changed the situation. He said that commuting is one of the largest sources of CO2 emissions in the City, with about 23,000 people commuting into Monterey and 7,800 people commuting out of Monterey each day. Councilmember Haffa arrived at 5:39 p.m. On question from Councilmember Barrett, Acting Community Development Cole said that the small amount of water under discussion is different from the overall objectives and visions for the Specific Plan areas. She said that very little water is returning to the City anymore. Mayor Roberson said that if the East Franklin Street project doesn’t come to fruition, that would be a source of a little more water but other than that, with the State mandate and cease and desist order, there will presumably be no more water. Councilmember Smith said that he thinks that nobody on the dais is interested in a change of policy. Mayor Roberson opened the floor for public comments. Judy Karas said that giving water to commercial use would set a damaging precedent that would pit commercial interests against people who provide affordable housing. Linda Fosler, Monterey resident and member of COPA, said that many people in Monterey County are spending an unsustainable percentage of their income on housing. She said that taking any water credits away from affordable housing was a move in the wrong direction. Matt Huerta, Monterey Bay Economic Partnership, said that his organization supports staff’s recommendation, and advocates for higher-density housing (both rental and ownership) at every income level in appropriate locations. Tyller Williamson said that if the City authorizes the water credits for commercial-only use, it would take priorities in the wrong direction. He encouraged City Council to vote for staff’s recommendation. Katy Castagna, United Way, urged City Council to support staff’s recommendation. She said that last year, 369 City residents called 2-1-1 with housing needs, and 793 MPUSD students were living in overcrowded conditions, doubled or tripled up. She said that it is difficult to find employees who can afford to live here, so it serves the business community to support affordable housing. Yessica Ramirez, United Way, said that housing costs drive young families out of Monterey and her own family ended up homeless for over a month. She said that there is an imbalance of supply and demand, and asked City Council to expand the supply of affordable housing by supporting the staff recommendation. Christine Kemp, representing Owen Taylor, owner of 663 Lighthouse Avenue, said that Mr. Taylor had submitted a revised RFP that shows that their project can be viable with the amount of water available. She said that affordable housing is very important, but a vibrant economy is also a high priority, and she urged City Council to adopt option #2B. Fatima Dias, Monterey resident and rental property owner, asked City Council to select the staff recommendation. She said she has received rental applications from people who pay over 50% of their income toward rent. She said that in her neighborhood, a woman has a job and lives in her car, and families are doubled up and just a paycheck away from losing their homes. Rick Johnson, Old Monterey and New Monterey Business Assocations, said the Associations stand firmly behind their commitment to affordable housing, and that from an economic standpoint, workers should live near their jobs. He said that with a limited amount of water, keeping businesses going that will hire people is also important. Julie Engall said that we live in a community that produces jobs that require affordable housing, and balance is needed. She 6 City Council Minutes Tuesday, February 6, 2018 asked City Council to establish a working group on housing and conduct a census to figure out where people are living doubled and tripled up. She asked if there is a way to evaluate the use of existing water in existing units and apply it to decent housing for more people. Karen Araujo, Unitarian Universalist Social Justice, said that City Council has been called upon to respond to the heartbreaking stories about housing and to do the right thing for the community for the long haul. She said there is no replacement for dwellings for human beings. Nancy Soule, Old Town resident, said that there has to be affordable housing in any allocation of water credits. She asked City Council not to consider anything without a required affordable housing component, and stressed that it should be a requirement versus an offering. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson introduced a motion to adopt the staff recommendation to release an RFP that requires affordable rental or ownership housing onsite or offsite as part of the project. The motion was seconded by Councilmember Barrett. Councilmember Albert said he would like to see some kind of commercial use in the statement, so that the RFP would allow commercial use with off-site affordable housing, which he said could be advantageous and result in even more than ten residential units of affordable housing. Councilmember Smith said that property owners are struggling with how to replace former retail space due to internet retail. He said that with the loss of the redevelopment agencies, the City can’t just create water or locations to start building mixed-use locations. He said that this is a regional problem and that he hopes some of Monterey’s neighbors will do more. Councilmember Haffa said that he agreed with most of the other statements from City Council and would support the motion. Councilmember Barrett said that there is some relief in sight due to the Pure Water Monterey project and he expects there to be more water available within about a year. Mayor Roberson clarified his motion as modified by Councilmember Albert, to indicate that a proposed project can include commercial and off-site affordable housing. 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 Mayor Roberson called a recess at 6:19 p.m. and said that Council would return at 7:30 p.m. Council reconvened at 7:34 p.m. and Mayor Roberson opened public comments on closed session items. There were no public comments on those items. The City Council granted a request to make a general public comment. Luis Osorio suggested that City Council give special mention to their Planning staff with regard to the grand reopening of the Monterey Conference Center and Portola Plaza because they were responsible for the completion of the Downtown Plan. He said that the work of the Planning Commission was purely technical. With no further requests to speak, Mayor Roberson closed public comments and adjourned to closed session at 7:39 p.m. 7 City Council Minutes Tuesday, February 6, 2018 ANNOUNCEMENTS FROM CLOSED SESSION Interim Assistant City Manager Gawf announced the following: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Custom House, LP (Portola Hotel) v. City (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report, no action taken cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 886 Cannery Row Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monterey Bay Aquarium Under Negotiation: Review of Rent (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled cs3. Conference with Legal Counsel Pursuant to Government Code §54956.9(d)(2) - Anticipated Litigation, Significant Exposure to Litigation – Scharffenberger Claim – One Potential Case Action: On a unanimous roll call vote, the City Council gave confidential direction to their legal counsel ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8