Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 1, 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: Councilmember Albert, Councilmember Barrett, Councilmember Haffa, Councilmember Smith, Mayor Roberson Absent: None City Staff Interim City Manager, Interim Assistant City Manager, City Attorney, Present: Community Development Director, Public Works Director, Interim Finance Director, Assistant Police Chief, Senior Advisor Community Services, Senior Advisor Finance, Acting City Clerk, Harbormaster, Property Manager, Conference Center General Manager, Senior Associate Planner, Associate Planner, City Manager Administrative Analyst, Housing Administrative Analyst, General Services Administrative Analyst, Senior Engineer CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Proclamation Recognizing Public Service Recognition Week (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 503-01) Action: Presented proclamation Mayor Roberson presented the proclamation and thanked City staff for their fine work. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Fernando Frederico, Lusamerica Foods, Inc., asked City Council to rent space at the Wharf to his business for boat loading. Judy Karas, Monterey resident, said that due to the success of the Highway 68 roundabout, turning left from Skyline Forest onto Holman Highway can take a long time, and asked that the stoplight at Community Hospital be changed to allow for longer stops. She asked City Council to speak up to agricultural commissioners against pesticide use. Patricia Domingo, New Monterey resident, said that overdevelopment on Cannery Row and New Monterey causes quality of life issues such as crime, illegal short-term rentals, and bright lighting, and asked City Council to revisit the Monterey County Convention & Visitors Bureau (MCCVB) budget and get another few officers for patrol to balance promotion versus safety. She expressed concern about the Conference Center mural. With no further requests to speak, Mayor Roberson closed public comments.  City Council Minutes Tuesday, May 1, 2018 CONSENT ITEMS On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent Agenda except Items 4 and 13: 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 2. April 17, 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 3. April 25, 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 4. Award Construction Contract for North Fremont Bike and Pedestrian Access and Safety Improvements Project (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) ***CIP/NIP *** (Plans & Public Works - 701-13) Action: Pulled from Consent, Received presentation, Discussed, Adopted Resolution No. 18-059 C.S. This item was heard second, after Item 13. Senior Engineer Renny gave the staff presentation and cited over $8.5M in grant funding for the project. Councilmember Smith referred to emails supporting the project from Leslie Svetich, North Fremont Street Business District, and Mohammad Ali Norouzi, Monterey Cookhouse. Mayor Roberson opened the floor for public comments. Tom Rowley said that North Fremont Street works as a major traffic corridor and cautioned City Council to beware of unintended consequences. With no further requests to speak, Mayor Roberson closed public comments. Councilmembers expressed enthusiasm for the project and encouraged residents to continue to shop at North Fremont Street businesses during construction. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 18-059 C.S., awarding the Construction Contract for North Fremont Bike and Pedestrian Access and Safety Improvements Project: 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, May 1, 2018 Resolutions 5. Approve the Rescope of Neighborhood Improvement Program Projects Ramona Radar Speed Signs and Ramona Northbound Radar Speed Sign Projects to Update the Del Monte Grove- Laguna Grande Neighborhood Traffic Calming Plan and Authorize the Transfer of Appropriations to the Del Monte Grove-Laguna Grande Neighborhood Traffic Calming Plan (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 18-060 C.S. 6. Authorize a Continuation of Funding for One (1) Administrative Analyst Position and One (1) Building Maintenance Craftsworker Position in the General Services Division***PMSA*** (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. 18-061 C.S. 7. Adopt a Resolution of Intention to Levy and Collect an Assessment Against the Properties Within the Alvarado Street Maintenance District No. 85-1 and Set Time for Public Hearing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-062 C.S. 8. Adopt a Resolution of Intention to Levy and Collect an Assessment Against the Properties Within Calle Principal Street Maintenance District 00-1 and Set Time for Public Hearing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-063 C.S. 9. Approve the Annual Report and Approve a Resolution to Set a Public Hearing Date to Levy the Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) for Fiscal Year 2018-19 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Adopted Resolution No. 18-064 C.S. 10. Amend Resolution 17-016 to Increase the Contingency for the Wharf II Critical Repairs Project (Certified Mitigated Negative Declaration) ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-065 C.S. 11. Authorize the City Manager to Enter Into Necessary Agreements to Allow the Fire Department to Use ESO Solutions Software for Records Management Purposes (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 604-08) Action: Adopted Resolution No. 18-066 C.S. 12. Authorize the City Manager to Enter Into an Agreement With the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 604-15) Action: Adopted Resolution No. 18-067 C.S. 13. Authorize City Manager to Sign an Agreement between the City of Monterey and Monterey Peninsula Unified School District for Joint Use of Recreation Facilities (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-01) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-068 C.S. as amended This item was heard first, before Item 4. Mayor Roberson opened the floor for public comments. Neighborhood Improvement Program (NIP) Spokesperson Heuer expressed concern about the 3  City Council Minutes Tuesday, May 1, 2018 potential impact of the agreement on existing Memoranda of Understanding (MOUs) for NIP- funded projects. With no further requests to speak, Mayor Roberson closed public comments. City Attorney Davi said that this action would take a number of prior MOUs, consolidate them, and put them into an updated agreement with MPUSD for joint use of facilities. She clarified that this is separate from NIP funding agreements, which have clauses that say they are not to be superseded. Mayor Roberson asked to spell this out in the resolution, and City Attorney Davi provided the clarifying language. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-068 C.S. to Authorize City Manager to Sign an Agreement between the City of Monterey and Monterey Peninsula Unified School District for Joint Use of Recreation Facilities, with an additional clause to read “Whereas this agreement between Monterey Peninsula Unified School District and the City of Monterey for joint use of recreation facilities does not modify or repeal any agreements in place affecting Neighborhood Improvement Projects”: 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*** PUBLIC HEARING 14. Deny Appeal Application AP-18-0125 and Approve Sign Application SI-18-0056 to Amend the Signage Program for the Cooper Molera (502 Munras), Consisting of a New Sign on the General Store building; Appellant Judy Karas; Applicant / Owner The National Trust for Historic Preservation; PC-D-H1 Zoning District; Exempt from CEQA Requirements per Section 15301, Class 1 and Section 15331, Class 31 (Plans & Public Works - 701-13) Action: Received presentations from staff, appellant, and applicant; Discussed; Adopted Resolution No. 18-069 C.S. as amended (3-2, Barrett and Haffa voting no) Associate Planner Schmidt presented the staff report and answered City Council’s questions. Appellant Judy Karas, Monterey resident, said that her concern is for the historic context of the sign. On the overheard projector she shared a suggested compromise that would keep the existing mural, adding the date of A. A. Manuel’s business ownership above it and listing the new businesses to the right. She referred to historical figures A. A. Manuel and Jules Simoneau and read aloud from various sources: a book called Vision for a Healthy California by California State Senator Bill Monning; a 2003 letter from the Western District office of the National Park Service; a book called Big Sur; supporting correspondence from City of Monterey Museums, Arts and Archives Manager Dennis Copeland, artist N. J. Taylor, and Marc Del Piero; A. A. Manuel’s obituary; and other resources that she said she found in the California History Room. She cited support from historians Rick Janick and Kent Seavey and said that the existing mural is part of Monterey’s sense of place. Katherine Malone-France, National Trust for Historic Preservation, updated City Council on the Cooper Molera Adobe project and described the intent of the proposed signage plan. She shared three photographs of the adobe from the late 19th century showing that the signage changed numerous times during that period. She said that the proposed revisions to the original signage proposal were made at the request of the Historic Preservation Commission 4 City Council Minutes Tuesday, May 1, 2018 (HPC) and are fully compatible with the character of the Cooper Molera Adobe. Regarding the compromise suggested by appellant Ms. Karas, Ms. Malone-France said that a combination of references to new and old businesses would be confusing to visitors. She said that there is an exhibit planned for the Diaz Adobe about the businesses and signage that have existed at the site over time. She said that the history of A. A. Manuel is important but so is the history of the Cooper family, Luisa Diaz, Andrew Molera, and other past residents and users of the property. Appellant Ms. Karas said in rebuttal that there is a blank space to the right of the mural that she suggested as a location for information on the new businesses. She said that a lot of locals don’t know about the proposed change to the mural. Mayor Roberson said that the matter would be continued into the evening session, and opened the floor for public comments for anyone unable to return in the evening. Doug Wiele, Foothill Partners, said that there is a window in the location where Ms. Karas proposed adding the additional signage. Patricia Domingo said that the existing sign is a charming example of public art, and cited equality and equity as concerns regarding the size of the proposed signage. Rick Johnson, Old Monterey Business Association, said that the mural is a reproduction of a historic business sign that advertises commodities that are no longer for sale, and that the downtown business community looks forward to a current and authentic sign. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson adjourned the afternoon session at 5:44 p.m. and said that the public hearing would continue in the evening session. City Council reconvened at 7:03 p.m. and after hearing continued public comments on non- agendized matters, Mayor Roberson opened the floor for continued public comments on Item 14. Chris Campbell, local counsel to the National Trust, said that the current signage proposal is the result of a lot of compromise and hard work. Kip Hudson, Monterey resident, said that the proposed sign received approvals from two City commissions, which she urged City Council to uphold. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Haffa said that he could see technical reasons both to support and deny the appeal and said that City Council’s decision will come down to what they think will be best for the Cooper Molera Adobe. He said that the sign will not impact the success of the businesses. Councilmember Smith read aloud from Monterey City Code section 38-211, Authority of Appellate Body, stating that it is City Council’s job to determine whether an error was made by the Historic Preservation and Planning Commissions, and that he finds they did not make an error. He said that the businesses coming to the site deserve signs that represent them. Councilmember Barrett said he understands why the businesses want their names on the sign, but said he believes they will be successful in downtown Monterey regardless. He said there is a key difference between a mural and a sign, and stated that the proposed sign does not conform to the sign ordinance. Councilmember Albert said that it is important to keep historic preservation alive in Monterey. He said that from the photos presented, it seemed that historically, every time a new business started at the site, the sign changed. He asked rhetorically what A. A. Manuel would have thought when he started his business if he were told that the previous sign needed to stay up. Mayor Roberson mentioned other historic City buildings that he said also need renovation. He questioned the fairness if the National Trust were to be denied the sign after modifying it upon request and receiving the approval of two commissions. He said there is a lot of sentiment around recognizing A. A. Manuel and suggested a modification to the resolution that would require historic interpretation to honor A. A. Manuel. 5  City Council Minutes Tuesday, May 1, 2018 Appellant Judy Karas declared: “no compromise” and left the chamber. It was moved by Councilmember Smith, and seconded by Councilmember Roberson, that the City Council:  Adopt Resolution No. 18-069 C.S. to Deny Appeal Application AP-18-0125 and Approve Sign Application SI-18-0056 to Amend the Signage Program for the Cooper Molera (502 Munras), Consisting of a New Sign on the General Store building, to include an amendment requiring historic interpretation to honor A. A. Manuel’s sign and other historic signs; and  Find that the Historic Preservation Commission and Planning Commission did not err in their decisions on the matter. Councilmember Haffa said that he could not support the motion. He said that in his opinion the existing mural does have historical significance as stated by historians Kent Seavey and Dennis Copeland; he said that in his opinion the proposed new sign does not differentiate as required by Item 9 of the Secretary’s Standards attached to the agenda report; he said that he thinks two signs per storefront are sufficient; and he said that the proposed sign is larger than it should be according to the sign ordinance. Councilmember Smith said that when evaluating sign applications there are frequently variances and interpretations, and it is important to look at the spirit of what the location needs. He said that the proposed sign matches the building and in his opinion does not constitute sign clutter. He said that the current sign could also technically be considered out of compliance. Councilmember Barrett observed that this process honored the civic engagement of the community and the democratic process at the local level. Councilmember Albert noted that the sign ordinance allows the HPC the flexibility to allow signs that are not fully compliant with sign guidelines in certain circumstances. City Attorney Davi recommended including a standard severance clause in the resolution, to state that if any conditions should be found not to be legal, they would be severed from the adopted resolution with the rest to remain in full force and effect. Councilmember Smith amended his motion to include the City Attorney’s recommendation and the seconder agreed. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson NOES: 2 COUNCILMEMBERS: Haffa, Barrett ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 15. Adopt Resolution Establishing Guidelines for the Leasing and Repurchase of City Owned Groundfish Fishing Quota Shares (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-13) Action: Continued to evening; Received report; Discussed; Adopted Resolution No. 18- 070 C.S. as amended This item was heard in the evening, after the conclusion of Item 14. Administrative Analyst Punkar reminded City Council that they have allocated Tidelands Trust Funds to purchase fishing quota shares in order to maintain federally regulated fishing quota shares in the 6 City Council Minutes Tuesday, May 1, 2018 Monterey region. He gave the staff presentation and answered Councilmembers’ questions. He said that the main addition since the matter last came to City Council at their April 3, 2018 meeting was the establishment of timeframes in which to negotiate the purchase. Mayor Roberson opened the floor for public comments. Sherry Flumerfelt, Monterey Bay Fisheries Trust, answered Councilmembers’ questions, said that that their organization uses a 10 year term, and recommended that City Council use some form of limited timeline. Tom Rowley suggested a 10 year term and alternate language for the resolution. He said that preserving the National Marine Sanctuary is crucial for the future and reasonable use of the fisheries is part of that formula and the maritime history of Monterey. Lorna Moffat questioned the ability of the proposed program to protect the fisheries and the Monterey Bay National Marine Sanctuary. She said that video cameras are needed on the fishing vessels to support the observers, and urged City Council not to approve the proposal. Steve Scheiblauer, Monterey Bay Fisheries Trust, said that the West Coast Federal groundfish fishery is widely considered to be one of the best managed fisheries in the world and cited statistics that he said show it to be a robust and sustainable fishery. He said it is not the charge of City Council to enforce protection of the fisheries and explained that it is a federal issue. With no further requests to speak, Mayor Roberson closed public comments. City Council discussed the optimal length of the term and the possibility of using a longer term, and questioned the November 30 deadline with regard to concern about the December holidays. City Attorney Davi cited the Fisheries Trust’s 10 year term as an industry standard, and cautioned City Council to be cognizant if considering a long term for a relatively new endeavor. Mr. Scheiblauer clarified that the Monterey Bay Fisheries Trust will manage the process, so the November 30 deadline should not be a concern. Councilmember Smith suggested adding the language “or designee” after City Manager in the resolution, to allow for reasonable flexibility in negotiations. He said that it should be memorialized in the resolution that any revenue from the program will return to the Tidelands Trust Fund. He encouraged everyone to get involved in the Monterey Bay National Marine Sanctuary Advisory Council. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 18-070 C.S., Establishing Guidelines for the Leasing and Repurchase of City Owned Groundfish Fishing Quota Shares with the following amendments: allowing City Manager “or designee” to negotiate the leasing and repurchase of the fishing quota shares, and adding a “whereas” clause to clarify that revenues will return to the Tidelands Trust Fund: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 7  City Council Minutes Tuesday, May 1, 2018 CONTINUED PUBLIC COMMENTS Before the continuation of the public hearing for Item 14, Mayor Roberson opened the floor for public comments on non-agendized matters. Nancy Selfridge, Monterey resident, said that her recent letter to the Carmel Pine Cone was changed without her knowledge, and she distributed to City Council the study quoted in her letter. Tom Rowley said that the renowned Gallatin’s Restaurant in Monterey was in a historic building with no sign over the door, and stated that reputation is the most important thing for a business. Judy Karas praised Yelp as a way to promote businesses and asked City Council to consider light rail as a future transportation method between Salinas and Monterey. Lorna Moffat said that Monterey is endangering its pigeon population with pest control and urged the City to allow the pigeon and Canadian geese populations to flourish. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 16. Adopt the 2018/2019 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) (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: Adopted Resolution No. 18-071 C.S. Administrative Analyst Ljubimow presented the staff report and answered Councilmembers’ questions. She said that the only changes made to the Action Plan since its first review at the April 17, 2018 Council meeting were a sentence added to say that if extra funds become available the City will look at increasing the rehabilitation grant budget for the health and safety grants; and language added regarding utilizing the revolving loan fund. Mayor Roberson opened the floor for public comments. Jerennina Piguing, Legal Services for Seniors, described the services and activities of her agency generally and described ways that the agency has helped seniors avoid eviction in the last few weeks specifically. Lynn Young, Josephine Kernes Memorial Pool, briefly noted the services provided by her agency and shared sentiments of gratitude from the pool’s users. Jack Murphy, Veterans Transition Center, noted that his agency’s project aligns with the City’s five year consolidated plan and shared their success completing numerous capital improvement projects with HUD funding. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett cited demographic data in the Action Plan, saying that City Council needs to consider how to support its older residents and referencing a provision in the Recreation Master Plan about finding a location for a senior adult care center. He said that statistics show that nearly one in three City residents is at or below the poverty level when adjusted for cost of living, and said that the Coalition of Homeless Service Providers’ Lead Me Home program identifies economic vitality as a way to address homelessness. He said that a solution to the looming CalPERS pension obligation could be to boost revenues through increased economic development and vitality. He said that decisions about economic development and housing need to go hand in hand so people can afford to pay for their homes. Mayor Roberson praised the volunteers who make all of the recipient organizations and the City’s boards and commissions successful. 8 City Council Minutes Tuesday, May 1, 2018 On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 18-071 C.S., adopting the 2018/2019 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD): 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 Council comments were not heard due to the lateness of the hour. CITY MANAGER REPORTS City Manager reports were not heard due to the lateness of the hour. ***Adjourn to Closed Session*** Mayor Roberson opened the floor for public comments on the closed session, and receiving none, closed public comments. City Council adjourned to closed session at 9:20 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Interim 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 (dba Portola Hotel & Spa) v. City of Monterey (Monterey County Superior Court Case No. 17CV000315) (City Attorney - 703-06) Action: On a 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 9