Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 17, 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 (left at 5:10 p.m.) Absent: None City Staff Interim City Manager, Interim Assistant City Manager, Human Resources Present: Director, Police Chief, Library Director, Community Development Director, Public Works Director, Assistant City Attorney, Assistant Finance Director, Acting Community Services Director, Acting City Clerk, Conference Center General Manager, Conference Center Director of Sales and Events, Principal Planner, Environmental Regulations Manager, Administrative Analyst (Police), Administrative Analyst (City Manager’s Office), Administrative Analyst (Housing) CALL TO ORDER Mayor Roberson called the meeting to order at 4:05 p.m. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Nina Beety said that her neighborhood does not want the small cell wireless facilities recently proposed by Verizon and that the proposed facilities were directional in such a way as to benefit Pebble Beach. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda except Items 6 and 16, and with Mayor Roberson recused from voting on 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 1. April 3, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Award of Contracts 2. Award a Construction Contract for the Presidio of Monterey Building 652 Floor Covering 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. 18-047 C.S.  City Council Minutes Tuesday, April 17, 2018 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 (Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 701-11) Action: Adopted Ordinance No. 3579 C.S. Resolutions 4. Approve Updated Sanitary Sewer Management Plan (Exempt from CEQA Article 19 Section 15301, Class 1; Section 15308, Class 8; and Section 15309, Class 9) (Plans & Public Works - 802-11) Action: Adopted Resolution No. 18-048 C.S. 5. Transfer CIP Budget Savings from Completed Projects to Existing Active CIP Projects (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 18-049 C.S. 6. Authorize the Appropriation of $80,000 for Financial Assistance to the National Trust for Historic Preservation and Direct the City Manager to Enter Into a Contract with the National Trust for Historic Preservation for Discounted or Waived Museum Admission Fees at 502 Munras Avenue – Cooper-Molera Adobe (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-050 C.S.; Directed Interim City Manager to verify the financial need and share the results This item was heard second, following Item 16. Mayor Roberson opened the floor for public comments. Luane Conley asked City Council to do due diligence on the archaeological and electrical issues that caused the project to go over budget and asked if free entrance is a commitment or a negotiation. Laurie Hambaro proposed that the $80,000 appropriation be considered a loan and said she doesn’t believe that the National Trust should receive money that State Parks doesn’t receive. Susan Klusmire, co-director for the Cooper-Molera Adobe, said that programs will be free, and the gardens and grounds will be open to the public six days a week without charge. Doug Wiele, Foothill Partners, said that PG&E moved the point of electrical connection an extra block away at the project’s additional expense. He said that the $80,000 would be a loan to be paid back by accounting for free entries to the paid portion of the project. Jerry Anderson, member of the downtown business community, spoke in support of the proposed solution. Rick Johnson, Old Monterey Business Association, urged City Council to support the staff recommendation. With no further requests to speak, Mayor Roberson closed public comments. Interim City Manager Uslar said that the City recognizes the uniqueness of the project, and commented that the City will benefit from receiving another PG&E connection at the Stokes Adobe. He said that PG&E nodes downtown are failing and the additional PG&E vault will allow the City to do upgrades in the area. He said that the $80,000 would come from the general fund ending balance, and that once the corresponding free admissions are depleted, City Council could choose to renegotiate another similar deal. Councilmember Albert noted that the ending fund balance is decreasing each year, and cautioned City Council to be careful with ending fund balances. 2  City Council Minutes Tuesday, April 17, 2018 Councilmember Smith estimated that the $80,000 would cover about 11,000 visitors and said the City would benefit from people going into the museum because visitors might start at the adobe and then continue spending money elsewhere in town. Councilmember Barrett praised the project and said he is reluctant to set a standard for an ongoing commitment to subsidize operations. He said that it would have been helpful to have the full documentation to support the statements in the packet. Interim City Manager Uslar said that ongoing subsidies are not the intent, and that if City Council desires, the resolution could be amended to be contingent on submittal of documentation for the PG&E and archaeological components relevant to the request. Mayor Roberson said that he would support the loan because this will benefit the entire power grid downtown. He said that he hopes that as a result of this conversation, the State might sit down with the City and work to get other historic properties open to the public as well. Councilmember Smith said that there is an annual opportunity for non-profits to submit for grants from the City, and that would be an opportunity for the Cooper Molera project to make a proposal in the future. He added that a non-profit that wanted to save money could sign up to receive their energy from Monterey Bay Community Power. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council:  authorized the appropriation of $80,000 for financial assistance to the National Trust;  directed the Interim City Manager to enter a contract for discounted or waived museum admission fees at 502 Munras Avenue – Cooper-Molera Adobe;  directed the Interim City Manager to verify the financial need as quoted in the proposal and share the results with City Council and the historical associations; and  specified that the intent is for a onetime loan to drive first-year traffic to the museum: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. 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: Adopted Resolution No. 18-051 C.S. 8. Appropriate $150,000 to Prepare a Sea Level Rise Adaptation Strategy Assessment in Compliance with Assembly Bill 691 (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-01) Action: Adopted Resolution No. 18-052 C.S. 9. Identify the Reconstruction of Mar Vista and Skyline Drive 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 - 801-01) Action: Adopted Resolution No. 18-053 C.S. (4-0-1, Roberson recused) 10. Appropriate Funds to the 2017-18 and 2018-19 Library Trust Fund Budgets (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) (Library - 406-04) Action: Adopted Resolution No. 18-054 C.S. 3  City Council Minutes Tuesday, April 17, 2018 11. Amend Resolution 17-098 Changing the Position Control List at the Monterey Conference Center by Deleting (1) FTE Administrative Assistant I, Increasing (1) RPT Event & Sales Assistant to (1) FTE Event & Sales Assistant, Reclassifying (1) FTE Sales Assistant to (1) FTE Sales Coordinator, Establishing a New Class Specification and Amend Resolution 17-150, Adopted Salary Schedule, 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 - 902-01) Action: Adopted Resolution No. 18-055 C.S. 12. Award a Contract for the Purchase of One (1) Heavy Duty Above Ground Truck Lift For Use by the City of Monterey Fleet Division (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 18-056 C.S. 13. Amend Resolution 17-098 to Appropriate Funds to Continue Support of Noise Mitigation Costs for the Monterey County Fair and Event Center (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 406-02) Action: Adopted Resolution No. 18-057 C.S. 14. Adopt a Resolution Opposing the Tax Fairness, Transparency and Accountability Act of 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 407-01) Action: Adopted Resolution No. 18-058 C.S. Other 15. Approve Downtown Representative for the Neighborhood Improvement Program for Calendar Year 2018 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-06) Action: Approved 16. Direct the Planning Commission to 1) Consider Options for Strengthening the City’s Wireless Application Requirements; and, 2) Make a Recommendation to the City Council that is Consistent with Federal Regulations (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Pulled from Consent; Directed Planning Commission as Recommended This item was heard first, before Item 6. Mayor Roberson opened the floor for public comments. Nina Beety said that she supports revising the City’s wireless ordinance to protect the public and to ensure that the City has authority to make decisions on behalf of its residents. She asked the City Council to refer the matter to the Planning Commission. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson cited suggestions that were submitted to City Council by the Monte Vista Ordinance Revision Committee and a former Planning Commissioner, and said that those public records would be considered by the Planning Commission. Interim City Manager Uslar noted that neighbors also asked for the City to retain a different law firm, and said that staff is considering receiving a second legal opinion on the matter. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council directed the Planning Commission to 1) Consider Options for Strengthening the City’s Wireless Application Requirements; and, 2) Make a Recommendation to the City Council that is Consistent with Federal Regulations: 4  City Council Minutes Tuesday, April 17, 2018 AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** Adjourn to Ocean View Community Services District Meeting - Consent Agenda 17. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-02) Action: Received report Adjourn to City Council Meeting Mayor Roberson adjourned the afternoon session at 5:10 p.m. and said that he would be absent for the evening session. The City Council reconvened at 7:01 p.m. with Mayor Roberson absent. PLEDGE OF ALLEGIANCE Councilmember Haffa led the Pledge. CONTINUED PUBLIC COMMENTS Councilmember Barrett opened the floor for public comments on matters not on the agenda. Dan Turner, Monterey resident, invited all to join the Veterans for Peace for a peaceful non- violent protest across the street from the NRA’s fundraiser at the Monterey Fairgrounds on April 28. He said that assault weapons are very good at killing people and meant for nothing else. Theresa Blaylock, Monterey resident, said that in her apartment complex there are no smoking regulations and she is regularly subjected to marijuana and cigarette smoke. She said that air purifiers are a reasonable solution and asked City Council to consider requiring their use in multi-use housing. Nicole Capps, New Monterey Neighborhood Association, said that she looks forward to working with City Council in the coming year. With no further requests to speak, Councilmember Barrett closed public comments. PUBLIC HEARING 18. Amend the Cannery Row Local Coastal Land Use Plan (TM-18-0092) to Allow Residential Uses: 1) on the First Floor; and 2) to Exceed 30 Dwelling Units per Acre; Applicant: Paul E. Davis, Owner: 300 Cannery Row, LLC; (Exempt from CEQA per Public Resources Code Section 21080.5) (Plans & Public Works - 201-12) Action: Continued to May 15, 2018 (4-0-1, Roberson absent) On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council continued to May 15, 2018 the matter entitled Amend the Cannery Row Local Coastal Land Use Plan (TM-18-0092) to Allow Residential Uses: 1) on the First Floor; and 2) to Exceed 30 Dwelling Units per Acre; Applicant: Paul E. Davis, Owner: 300 Cannery Row, LLC: 5  City Council Minutes Tuesday, April 17, 2018 AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Roberson ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. First Review of the 2018/2019 Annual Action Plan for Community Development Block Grant Funds (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) (Plans & Public Works - 201-09) Action: Received presentation and reviewed the draft action plan (Roberson absent) Councilmember Barrett said that Community Development Block Grant (CDBG) funds help to address the high cost of housing in the Monterey area. Interim City Manager Uslar said that the City’s requests for proposals on water allocations encourage developers to provide affordable housing. Administrative Analyst Ljubimow presented the staff report and answered Councilmembers’ questions. Councilmember Barrett opened the floor for public comments. Rob Rapp, Community Human Services, explained the Safe Place program, saying that for various social reasons there is a serious need for assistance to homeless youth. Lynn Young, Josephine Kernes Memorial Pool, spoke about the adaptive pool and the increasing need for it in the Monterey community. Betsy Wilson, MidPen Housing Corporation, updated City Council on the Van Buren Senior Housing project. With no further requests to speak, Councilmember Barrett closed public comments. Councilmember Barrett said that he likes programs that support the community’s parks. He praised the Mr. Fix-It program and said that the analysis of gaps in services would give the City helpful information for the future. He asked if there is a way to provide direct rent assistance. Councilmember Haffa said that the CDBG program is beneficial in its ability to reach the neediest community members. He agreed that it would be desirable to find a way to offer direct assistance to renters in need. Councilmember Smith said he would like to expand the Mr. Fix-It program. He said that he would like to increase efficiency and make sure there is no duplication of services in the CDBG program. He expressed hope that the City could find a non-profit to provide rent assistance. COUNCIL COMMENTS Councilmember Albert said that on the subject of affordable housing, the City has property in former Fort Ord land and asked staff for a report on that property and what is possible to do with it. Councilmember Haffa said that the Language Capital of the World celebration would take place April 21 at the Custom House Plaza. He asked to hold a study session to learn more about the City’s Fort Ord property. He said that a community advisory committee for Monterey Bay Community Power is seeking a representative for the Monterey Peninsula, and interested residents should contact him or Councilmember Smith, or Supervisor Parker. 6 City Council Minutes Tuesday, April 17, 2018 Councilmember Smith said that he enjoyed a recent ceremony swearing in a new officer of the Police Department, and that same evening the Police Department’s awards banquet. He promoted the Language Capital of the World festival. He said that Councilmembers met with the recruiter for City Manager and that there was a successful Town Hall meeting on the matter. Councilmember Barrett said that the search for City Manager is under way and that City Council is following residents’ feedback on the qualities needed in a future City Manager. He emphasized the need to keep diversity in mind with recruitment-related outreach. He said that a wholesome, ethical, and accepting work environment comes from leadership by example and asked to agendize a presentation from staff regarding the City’s response to allegations of improprieties in the workforce and any proposed methods for addressing the issue in the future. CITY MANAGER REPORTS Interim City Manager Uslar reported that April is Financial Awareness Month and the Monterey Public Library is offering financial planning workshops. He said that the Monterey Amberjacks will be holding week-long youth baseball camps June 8 through July 13, 2018. He announced that the April 25 City Council study session would be on the subject of CalPERS pension obligations. He reported that School Resource Officer Galin at Walter Colton School is running a successful Police Junior Cadet program. He said that a few City employees will fly at their own expense to Monterey’s sister city of Dubrovnik, Croatia to help with their marathon. ADJOURNMENT Councilmember Barrett adjourned the meeting at 7:57 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7