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Council Regular Meeting

Regular Meeting

Monterey, CA · March 6, 2018

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 6, 2018 4:00 p.m - 6:00 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, City Attorney, Interim Assistant City Manager, Finance Present: Director, Human Resources Director, Police Chief, Community Development Director, Public Works Director, Library Director, Acting City Clerk, Acting Community Services Director, Interim Recreation and Community Services Manager, Principal Engineer, Associate Civil Engineer, Employee Relations Manager, Sustainability Coordinator, Senior Advisor - Community Services CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Monterey-Salinas Transit Annual Update (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 101-15) Action: Received presentation Carl Sedoryk, General Manager of Monterey-Salinas Transit (MST), gave a presentation on MST’s current operations and accomplishments, and addressed City Council’s questions and comments. 2. Recognition of American Red Cross 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 Dane Lobb, Central Coast Red Cross, updated City Council about American Red Cross’ accomplishments during recent disasters. Mayor Roberson presented a proclamation declaring March of 2018 as American Red Cross Month. 3. National Trust Presentation on the Cooper Molera Adobe Shared Use Model (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 201-01) Action: Received presentation Katherine Malone-France, National Trust for Historic Preservation, said that the Cooper Molera Adobe site will reopen in June. She described features and goals of the shared use model. Doug Wiele, Foothill Partners, discussed historic uses and planned commercial and educational uses for the site. Paul Edmondson, National Trust for Historic Preservation, touched on some of the project’s regulatory challenges and the development structure. City Council Minutes Tuesday, March 6, 2018 PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. James Morgan, small businessperson on Ramona Avenue, asked the City to address mobile home living and parking in his neighborhood, and related issues like sewage, garbage, and crime. Lorna Moffat praised pigeons and asked if the City is exterminating them. Guy Petraborg, Monterey Regional Waste Management District, reported on the district’s newly improved materials recovery (recycling) facility. Laurie Hambaro suggested that a card be developed to inform homeless people about available resources. Lorna Moffat said she was concerned about the public speaker microphone. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that Item 8 would be continued, and that there had been a request to pull Item 9 from the Consent Agenda. Mayor Roberson opened the floor for public comments and receiving none, closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, with Item 8 continued, and with the exception of Item 9: 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. February 20, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (CLO - 701-09) Action: Approved Ordinances 5. 1st Reading - Amend Ordinance No. 3466 C.S. to Approve One Year Extension of the Waste Hauling Franchise Agreement with Monterey City Disposal Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Passed to print 6. 1st Reading – Amend City Code Section 25-3.03 Harassment/Discrimination Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 701-11) Action: Passed to print Resolutions 7. Adopt a Resolution to Amend Resolution 16-249 by Adding the Classification of Extra-Help Retired Annuitant and Adopt a Salary Schedule for this Classification with an Hourly Rate Range of $10.50 - $76.17, Effective March 6, 2018 (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. 18-032 C.S. 2 City Council Minutes Tuesday, March 6, 2018 8. Amend Master Fee Schedule, Resolution 15-215, to Revise Police Department Fees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 407-06) Action: Continued 9. Award Contract for Executive Search Services for the Position of City Manager (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 704-05) Action: Pulled from consent, received report, discussed, adopted Resolution No. 18-033 C.S. Human Resources Director Hauck presented the staff report and answered Councilmembers’ questions. She said that she anticipated that the City Manager recruitment process would take about four to five months, with a selection of roughly four to eight candidates, and that robust reference checks would be recommended. She said that there is a satisfaction guarantee. During the discussion, the City Council praised the Ralph Andersen & Associates proposal for its emphasis on the value of community engagement. Human Resources Director Hauck explained that the City Council could choose the model for the recruitment and the level at which to engage the community. Mayor Roberson opened the floor for public comment, and receiving none, closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-033 C.S. to award a contract to Ralph Andersen & Associates for executive search services for the position of City Manager: 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 10. Consider Subcommittee Recommendation and Make Appointment to the Library Board of Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-06) Action: Appointed Marsha Moroh to Library Board of Trustees for a term expiring June 30, 2018 11. Authorize Sending Letter About the Proposed Outer Continental Shelf Oil and Gas Leasing Program and Notice of Intent to Prepare a Programmatic Environmental Impact Statement (CEQA Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 205-01) Action: Authorized letter 12. Referral to the Museum and Cultural Arts Commission to Study the Display of City Art at City Offices, Community Centers, and Other Public Buildings (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 906- 02) Action: Referred City art display study to Museums and Cultural Arts Commission ***End of Consent Agenda*** 3 City Council Minutes Tuesday, March 6, 2018 PUBLIC HEARING 13. Amend the Cannery Row Local Coastal Land Use Plan to Allow Residential Uses 1) on the First Floor; and, 2) to Exceed 30 Dwelling Units per Acre -- Recommended for Tabling (Exempt from CEQA per Public Resources Code Section 21080.5) (Plans & Public Works - 201-12 PLN) Action: Tabled Mayor Roberson opened the floor for public comment, and receiving none, closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the matter of amending the Cannery Row Local Coastal Land Use Plan: 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 APPEARANCE 14. Discuss Existing Pedicab Policies and Opportunities (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803- 01) Action: Discussed and gave guidance to staff Councilmember Haffa said that a local entrepreneur is interested in starting a pedicab business, but Monterey currently outlaws pedicab operation. He asked City Council to consider allowing it, and said it would be complementary to existing business. Councilmember Barrett said that pedicabs are fun, and could be a healthy development for Monterey. Councilmember Smith said he has public safety questions but is not opposed, and would like more information. He wondered about logistics in the tunnel and Lighthouse curve area. Councilmember Albert said he would need to know more about the proposed operation before weighing in. Mayor Roberson opened the floor for public comments. Michael Baroni said that City Council’s safety concerns are valid. He said that business is booming in Santa Cruz’s pedicab program and that pedicabs would allow tourists to enjoy Monterey from a different view. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson said that it is time to take another look at pedicabs for Monterey. STUDY SESSION 15. Receive Presentation Regarding Proposed SunPower Solar Panel Installation (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received presentation, discussed Sustainability Coordinator Terrasas gave the staff presentation on the benefits of purchasing solar panels and potential sites for their installation. 4 City Council Minutes Tuesday, March 6, 2018 During the discussion, City Council asked whether there would be solar power sellback and/or funding opportunities with Monterey Bay Community Power (MBCP). Sustainability Coordinator Terrasas said that MBCP would need to work out some of their rates and structures before selling them excess energy would be feasible. He explained that some Community Choice Aggregation programs (CCAs) pay full retail for solar energy and he would like to see MBCP pay those rates. He recommended focusing now on offsetting the City’s energy use and leaving the door open for future expansion. He said that it would take MBCP a while to be in the financial position to reinvest locally. Interim City Manager Uslar said that the generated power would be used by the City’s own high-use operations such as the Monterey Conference Center (MCC) and Monterey Sports Center (MSC). Sustainability Coordinator Terrasas answered City Council’s questions about placing solar panels on the roofs of these high-use City facilities, saying that the MCC and MSC roofs are bad for solar installation due to HVAC equipment and not a lot of usable area. He indicated that there will be some solar panels at MCC but energy from elsewhere will be needed to fully power the facility. Interim City Manager Uslar said that existing carports at the City yard cannot support solar panels. Community Development Director Cole clarified that the Ryan Ranch land is not eligible to develop as it is zoned for parks, recreation, and open space, and is limited to those uses or public utilities. Sustainability Coordinator Terrasas answered City Council’s questions. He said that the City is waiting to hear back from PG & E on its interconnection application to determine that the grid can actually take the load, and that the PG& E Renewable Energy Self Generation Bill Credit Transfer (RES-BCT) program has a cap and funds won’t be available forever. He agreed that energy technology is changing quickly and said he is confident about the 25 year projected reliability of the equipment. He said that the City had undertaken an extensive vetting process, any company could have responded to the RFP, and the City feels confident in SunPower. He explained that the City’s highest energy use is in its contiguous downtown parcels, making on- site Net Energy Metering (NEM) attractive and comparable to RES-BCT which has a large economy of scale and can be used for the largest energy-using meters. Mayor Roberson said that he would like to hear input from the Monterey Regional Airport and Monterey Peninsula Unified School District (MPUSD) on their solar facilities. Councilmember Albert said that MPUSD saved about 65% of their energy costs after they put up nine solar panels, and that it was one of the best projects at the district. He cautioned City Council that parking structures with solar panels on top are problematically tall in neighborhoods. Councilmember Smith said that the structure design can be site-specific and Councilmember Barrett said that rooftop solar panels don’t detract from the bay view from his house. Mayor Roberson said that the parking structures create the height. Mayor Roberson opened the floor for public comments. With no requests to speak, he closed public comments. Interim City Manager Uslar said that staff will bring Council a decision package. Mayor Roberson opened public comments on the closed session agenda, and with no requests to speak, closed public comments and adjourned to closed session at 6:29 p.m. 5 City Council Minutes Tuesday, March 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): Colletto v. City (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: Received report ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 6

Agenda

City Council City Council Agenda Clyde Roberson, Mayor Regular Meeting Dan Albert, Councilmember Timothy Barrett, Councilmember Monterey City Council Alan Haffa, Councilmember Tuesday, March 6, 2018 Ed Smith, Councilmember 4:00 p.m - 6:00 p.m. Interim City Manager Few Memorial Hall of Records Hans Uslar 580 Pacific Street Monterey, California ***Afternoon Session Agenda*** 4:00 - 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Monterey-Salinas Transit Annual Update (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 101-15) 2. Recognition of American Red Cross Month (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) 3. National Trust Presentation on the Cooper Molera Adobe Shared Use Model (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 201-01) PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 4. February 20, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (CLO - 701-09) Tuesday, March 6, 2018 Ordinances ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council. 5. 1st Reading - Amend Ordinance No. 3466 C.S. to Approve One Year Extension of the Waste Hauling Franchise Agreement with Monterey City Disposal Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) 6. 1st Reading – Amend City Code Section 25-3.03 Harassment/Discrimination Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 701-11) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 7. Adopt a Resolution to Amend Resolution 16-249 by Adding the Classification of Extra-Help Retired Annuitant and Adopt a Salary Schedule for this Classification with an Hourly Rate Range of $10.50 - $76.17, Effective March 6, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 502-03) 8. Amend Master Fee Schedule, Resolution 15-215, to Revise Police Department Fees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 407-06) 9. Award Contract for Executive Search Services for the Position of City Manager (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 704-05) Other 10. Consider Subcommittee Recommendation and Make Appointment to the Library Board of Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 701-06) 11. Authorize Sending Letter About the Proposed Outer Continental Shelf Oil and Gas Leasing Program and Notice of Intent to Prepare a Programmatic Environmental Impact Statement (CEQA Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 205-01) 12. Referral to the Museum and Cultural Arts Commission to Study the Display of City Art at City Offices, Community Centers, and Other Public Buildings (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 906-02) ***End of Consent Agenda*** 2 Tuesday, March 6, 2018 PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 13. Amend the Cannery Row Local Coastal Land Use Plan to Allow Residential Uses 1) on the First Floor; and, 2) to Exceed 30 Dwelling Units per Acre -- Recommended for Tabling (Exempt from CEQA per Public Resources Code Section 21080.5) (Plans & Public Works - 201-12 PLN) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 14. Discuss Existing Pedicab Policies and Opportunities (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803-01) STUDY SESSION STUDY SESSION items are used to provide information to the City Council and answer their questions to clarify issues. Study Sessions provide a setting for informal discussions between staff, consultants, board, commission, committee members and the City Council regarding specific programs, projects or policies. Council does not take formal action on the items. 15. Receive Presentation Regarding Proposed SunPower Solar Panel Installation (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ***Adjourn to Closed Session (See additional agenda)*** Any person or group desiring to make Public Comments on a Closed Session item may do so by addressing the Council before they adjourn to Closed Session, or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. ANNOUNCEMENTS FROM CLOSED SESSION ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. 3 Tuesday, March 6, 2018 The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. UPCOMING MEETINGS AT CITY HALL Mar 7 ARC Meeting Cancellation Notice, Council Chamber - 4:00 pm Mar 8 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Mar 8 MP Regional Water Authority Meeting, TBD - 7:00 PM Mar 9 Disabled Access Appeals Board Meeting, Council Chamber - 2:00 PM Mar 13 Planning Commission Meeting, Council Chamber - 4:00 pm Mar 15 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Mar 15 Zoning Administrator Meeting, Council Chamber - 4:00 pm Mar 15 Planning Commission Meeting, Council Chamber - 4:00 pm Mar 20 Council Regular Meeting, Council Chamber - 4:00 PM Mar 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Mar 26 Museums and Cultural Arts Commission Meeting, Council Chamber - 4:00 pm Mar 27 Planning Commission Meeting, Council Chamber - 4:00 pm Mar 28 Library Board Meeting, Library Community Room - 5:00 PM Mar 28 Council Study Session, Council Chamber - 4:00 PM Mar 29 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Apr 3 Council Regular Meeting, Council Chamber - 4:00 PM Apr 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Apr 5 Zoning Administrator Meeting, Council Chamber - 4:00 pm Apr 5 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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