Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 3, 2018 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 Staff Interim City Manager, Interim Assistant City Manager, City Attorney, Public Present: Works Director, Police Chief, Fire Chief, Recording Secretary, Building Official, Interim Finance Director, Financial Advisor, Senior Advisor Community Services, Housing and Community Development Manager, Administrative Analysts CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 pm. PLEDGE OF ALLEGIANCE Mayor Roberson led the pledge of allegiance. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Tom Rowley said that the water shortage affects affordable housing and that the Planning Commission needs to take this into consideration and consider reusing existing housing. Pat Venza, Vice President of Monterey Vista Business Association, thanked the Council for appointing the Planning Commission members who saw through all the issues in the cell tower applications. She said that changes should be made to the personal wireless system and should reconsider the law firm that oversaw this issue. She requested that this be agendized on a Council meeting by the end of the month. Mike Pekin requested to agendize an item to create an ad hoc committee to address homelessness. He said he met with Planning Commissioner Mike Brassfield and Councilmember Haffa to identify solutions to homelessness. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson cited a request to pull Items 3 and 4 from the Consent Agenda. He opened public comments on the Consent Agenda, and receiving none, closed public comments.  City Council Minutes Tuesday, April 3, 2018 On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council Approved the Consent Agenda, except items 3 & 4: 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 1. March 20, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 2. March 28, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Ordinances 3. 2nd Reading – Repeal and Replace Monterey City Code, Chapter 30, Article 1, Sections 1, 1.5, and 1.7 to Update the City’s Regulations for Sewer System and Create a Mandatory Sewer Lateral Inspection and Repair Program, Repeal and Replace Monterey City Code Chapter 38, Article 29, Section 38-223 to Modify the Residential Property Inspection Program to a Residential Property Report Program (Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 701-11) Action: Removed from Consent; Discussed; Passed amended Ordinance to print, with Section 3 removed Mayor Roberson stated that the proposed change to the City Code regarding the City’s regulations for sewer systems is mandatory due to a legal settlement. He added that since the last meeting Council and City staff have received input and suggestions and staff evaluated the current inspections process and came up with an alternative sewer lateral inspection program. Councilmember Barrett said that the sewer lateral inspection program portion of this ordinance is time sensitive and must move forward. He also said he would like to see a presentation on how to increase the inspection fees and requested that staff to bring ideas back on how to fund the residential property inspection program. Councilmember Smith echoed that the cost of the inspections should be budget neutral and suggested working with people in the industry to find more ways to keep delivering the service. City Attorney Davi affirmed that the sewer lateral inspection portion of the ordinance is time sensitive and recommended that section 3 regarding residential inspections be severed from the ordinance and that Council approve the sewer inspection program portion only. Councilmember Barrett suggested that the issue of funding the sewer lateral program and the residential inspection program be brought back at a later date, and Interim City Manager Uslar responded that this would be possible. 2  City Council Minutes Tuesday, April 3, 2018 Mayor Roberson opened up public comments. Tom Rowley, Real Estate Agent, said that the 5- 1 vote of the Planning Commission demonstrates the value of the sewer lateral program and added that Monterey’s records are much better than other cities. He also said that the inspection program will help address illegal accessory dwelling units. Scott Dick, Monterey County Realtors, said he would be willing to work on a committee with City staff to address inspections and fees and could reach out to colleagues who may already be implementing this. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council Passed Amended Ordinance to Print, with Section 3 removed, and Council will address the Residential Inspection Program aspect at a later date: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 4. Appoint Members of the Temporary Ballot Measure Advisory Committee (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701- 04) Action: Removed from consent; discussed; adopted amended Resolution No. 18-043 C.S., adding Mike Dawson and Joseph DeRousi to the appointment list Mayor Roberson gave background on Measure P and the reason behind extending Measure P tax and forming an advisory committee to see what the residents want out of the measure. Councilmember Smith nominated Joseph DeRousi as his committee recommendation. Mayor Roberson recommended Mike Dawson as his committee appointment. Mayor Roberson opened up public comments. Tom Rowley, said that there is a lot of work to be done on infrastructure in Monterey and appointing an advisory committee is an excellent idea. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council Appointed Members of the Temporary Ballot Measure Advisory Committee: 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. Authorize the Acceptance and Appropriation of City/County Payment Funds from CalRecycle for FY 17/18 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Adopted Resolution No. 18-044 C.S. 3  City Council Minutes Tuesday, April 3, 2018 6. Authorize a Supplemental Appropriation of $50,000 from the Low and Moderate Income Asset Fund Balance (268) to the Monterey Hotel Mixed-Use Affordable Apartment Project (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 18-045 C.S. 7. Authorize City Manager to Enter into an Agreement with the Cities of Pacific Grove, Carmel, Marina, Salinas and King City, and Aromas Tri-County Fire Protection District, Big Sur Fire Brigade and Mid Coast Fire Brigade for an Assistance to Firefighters Grant Funded Purchase of Radios and to Execute Other Related Agreements Required to Accept and Manage the Grant if it is Awarded (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 18-046 C.S. Other 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 32 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Bay Boatworks Company; Under Negotiation: Terms and Conditions to Amend Lease to Allow Dive Lessons (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*** PUBLIC APPEARANCE 9. Adopt Resolution Establishing Policy for the Leasing and Repurchase of City Owned Groundfish Fishing Rights (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received Presentation; Discussed; Gave direction to staff to bring back this item at a later date; Tabled Jay Punkar, Administrative Analyst, gave a presentation and explained that the City is in the process of developing policy and guidelines associated with purchasing groundfishing rights in an effort to secure the fishing rights in the Monterey area. He explained that doing so will help to maintain and enhance the City’s fishing culture and industry. He stated that the City is in the process of forming an agreement with the Monterey Bay Fisheries Trust that would allow the City to lease quota shares to local fisherman with specific stipulations that encourage the groundfish to be fished and landed locally. He explained that allowing fishermen who wish to sell their fishing rights to the City the ability to annually lease the fishing rights and potentially repurchase the fishing rights incentivizes local fishermen to sell to the City instead of on the open market. Additionally, he said the City would be helping to maintain the important fishing industry and generate revenue through leasing and wharfage fees. Councilmember Barrett said he supports Monterey Bay Fisheries Trust acting to revitalize the fishing economy. He suggested that the first right of refusal for the fishermen be subject to performance standards instead a set period of time, and to lease the shares rather than sell them to the fishermen. Interim City Manager Uslar responded that having a set period time defined is easier to measure than performance standards and retains the ability to resell the quota later without a contingency on performance. Councilmember Barrett asked a follow up 4 City Council Minutes Tuesday, April 3, 2018 question regarding the possibility of giving the fishermen a loan or a grant to obtain quota. Interim City Manager Uslar said that the loan option is a possibility that the Council could pursue. Steve Scheiblauer, Marine Alliances Consulting, responded saying that the City’s ownership guarantees the quota’s value, protects local access, and is the most secure transaction to incentivize fishermen. Councilmember Smith said that this program of selling rights is a partnership of equity between the City and the fishermen. Councilmember Albert asked to clarify that when the Fishermen buy back their rights if it’s initially a loan, and Steve Scheiblauer affirmed that repurchasing is essentially a lease to begin with. Sherry Flumerfelt, Monterey Fisheries Trust, explained that currently there is an application process that fishermen go through in order to buy shares. Councilmember Haffa says he supports the goals of the Trust to keep fishing local and to encourage private ownership by local fishermen. He asked if language could be added to the policy saying that the City would have the first right of refusal to repurchase quota from fishermen to prevent buying and selling rights based on market value. Analyst Punkar said that this language could be added in the resolution. Councilmember Haffa asked about negotiating new terms and if the purchase of quota should be approved through council. City Attorney Davi said Council has already authorized the funds to purchase the quotas but Staff needs direction from the Council on what limitations or conditions the City Manager can impose on selling and leasing the quotas. She added that the ability to sell quota needs to be incentivized for the fishermen. Steve Scheiblauer said that the Council needs to establish or not establish rights for leasing and repurchasing quota and decide if it’s based on market rate or the original purchase price. Interim City Manager Uslar said that the funds have been appropriated to the Trust and the Council can give guidelines regarding market rate, timeline of repurchase, giving the City having the first right of refusal, and the ability to refuse sale base on performance. . Councilmember Barrett suggested that language be added to allow the City the first right of refusal to repurchase quota from the fishermen. He agreed with Councilmember Smith about adding performance criteria. Mayor Roberson suggested that this item be continued so that staff can address the comments and concerns the Council have brought up on the policy. Mayor Roberson opened the floor for public comments. Tom Rowley said he remembers when the council approved the use of tidelands funds last year to support local fishing and said to keep up the good work. Robbie, Robbie’s Fishing, said he is fighting to keep his space on the wharf and that any groundfish he can get helps keep his business afloat. He asked where these fish are going to be unloaded and what the wharfage fee will be and questioned if the City is getting into the business of selling fish. Steve Scheiblauer said that the Fisheries Trust is going to prepare a letter to connect what the Council has done so far so that everyone can see how the actions are compatible with wharf activity. Gino Pennisi, Gino’s Seafood on the Wharf, said a lot of the bottom fish will be unloaded at Royal Seafoods which is owned by his family, and his family plans to keep their fishing rights in the City. He said that the short leases on the wharf make it difficult for him to keep business and added that the Council needs more understanding of how the groundfishing works on the wharf. With no further requests to speak, Mayor Roberson closed public comments. Interim City Manager Uslar said that there is a closed session item that will address where the fish will be unloaded. He clarified that the City would be buying the quota, not the fish itself. He added that the staff will come back with a set of generalized guidelines to allow flexibility and will reflect the discussion from today. 5 City Council Minutes Tuesday, April 3, 2018 Report received by Council and staff was directed to bring this item back at a later date incorporating the suggestions and input from the discussion. No Council comments or City Manager reports were heard due to time constraints. Mayor Roberson opened the floor for public comments on the closed session agenda. Gino Pennisi said that he has a lot pending on the leases and he cannot make investments in his business until the lease is finalized. He added that he has found a way to bring more fish and boats to the peninsula and wants to keep his business local. Robbie said that he needs to make investments to fix the gutters on his business on the wharf but he is waiting for his lease to be finalized. Mike Pekin asked if the Council is going to come back for council comments. The Mayor announced there will be no council comments tonight. Giovanni Pennisi, said that he is one of the last fishermen in the industry with one of the largest quotas on the west coast. He said that he, his family, and other fishermen want to continue fishing and the City has a chance to be able to continue its history of fishing on the wharf. With no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Interim Assistant City Manager Gawf announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 32 Cannery Row Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monterey Bay Boatworks Company Under Negotiation: Terms and Conditions to Amend Lease to Allow Dive Lessons (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse, North Pump House, Location Between North Pump House and South Pump House Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete Negotiating Parties: Monterey Fish Company (Sal Tringali); Monterey Abalone (Art Seavey and Trevor Fay); Carmel Canyon Spot Prawns (John Aliotti); Del Mar Seafoods (Joe Cappuccio and Joe Roggio); Gino's Seafoods (Gino Pennisi); Royal Seafoods (Elaine Pennisi); Ocean Fresh Seafood (Robbie Torrise); Southern Cal Seafood (Pete Guglielmo); and Real Good Fish (Alan Lovewell) Under Negotiation: Terms and Conditions for New Leases (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators 6 City Council Minutes Tuesday, April 3, 2018 ADJOURNMENT Meeting adjourned at 5:55 pm. Respectfully Submitted, Approved, Nova Romero, CMC Clyde Roberson Administrative Assistant II Mayor 7