Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 15, 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, City Attorney, Interim Assistant City Manager, Human Present: Resources Director, Police Chief, Community Development Director, Public Works Director, Library Director, Interim Finance Director, Acting Community Services Director, Conference Center General Manager, Acting City Clerk, Housing and Community Development Manager, Information Solutions Manager, Principal Engineer, Associate Civil Engineer, Construction Project Manager, Environmental Regulations Manager, Property Manager, Senior Advisor Community Services, Senior Engineer, General Services Superintendent, General Services Senior Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:06 p.m. PRESENTATIONS 1. Recognition of National Public Works Week (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamation Mayor Roberson presented the proclamation to Public Works Director Wittry. Senior Engineer Williamson presented a National Public Works Week poster on behalf of the Monterey Bay Chapter of the American Public Works Association. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Todd Brockman, Portola Avenue resident, said that police demanded to search his home on a recent occasion without a warrant, and cited public record requests that he said were denied by the City Attorney’s office. Bill McCrone said that the applicants for closed session Item cs1 are not capable of operating a restaurant, and make their money subleasing to other tenants. He urged City Council not to consider any extension or change to the lease until entering into a new lease in 2021. Libby Downey, Monterey resident, asked City Council to do their fiduciary responsibility and support the Charter by representing the taxpayers and charging market rate for Wharf leases. Marlena Brown, Naval Support Activity Monterey, invited all to the Memorial Day concert on the lawn at the Naval Postgraduate School. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the  City Council Minutes Tuesday, May 15, 2018 following vote, the City Council approved the Consent Agenda except Items 7 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. May 1, 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 3. Authorize an Appropriation of Measure P Funds and Award a Construction Contract for the Citywide Street Resurfacing (Slurry) Project, Phase 6 Project as Part of the Measure P Street Repair Program (Exempt from CEQA Article 19, Section 15301, Class 1 ***Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-072 C.S. Ordinances 4. 1st Reading - Authorizing Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement System; and Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Monterey - Recommended for Continuance to June 5, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 504-06) Action: Continued to June 5, 2018 Resolutions 5. Accept and Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for an Army Pavement Repairs Project under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-073 C.S. 6. Call Regular Municipal Election on November 6, 2018 and Request Consolidation (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 702-03) Action: Adopted Resolutions No. 18-074 C.S. and No. 18-075 C.S. 7. Amend Resolution 17-154 Awarding a Professional Services Agreement for Program Management and Construction Management Services with Ausonio Incorporated (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Pulled from Consent; Adopted Resolution No. 18-076 C.S. Mayor Roberson opened the floor for public comments. John Narigi, representing Monterey hotel general managers, asked whether the original bond allows for additional services due to potential legal issues to be taken out of the Conference Center Facilities District (CCFD) fund, 2  City Council Minutes Tuesday, May 15, 2018 and if reclaimed moneys would return to the same fund. City Attorney Davi and Interim City Manager Uslar confirmed these details. Mr. Narigi asked the City to inform the general managers ahead of time with any future issues. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 18-076 C.S. to Amend Resolution 17- 154 Awarding a Professional Services Agreement for Program Management and Construction Management Services with Ausonio Incorporated: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Amend Resolution 17-195 to Increase the Appropriation to the Capital Projects Fund for the FY2017/19 Biennial Period for Projects Funded by the Transportation Safety & Investment Plan (Measure X) ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Received presentation; Adopted Resolution No. 18-077 C.S. 9. Authorize an Application for 2017 Staffing for Adequate Fire and Emergency Response (SAFER) Grant and Authorize Mayor's Signature on Required Letter of Support to FEMA Grant Office (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 18-078 C.S. 10. Appropriate Donated 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. 18-079 C.S. 11. Approve the Colton Hall Re-pointing Ph 1 Project and Amend Resolution 18-011 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 - 808-02) Action: Adopted Resolution No. 18-080 C.S. 12. Amend Resolution 17-150, Adopted Salary Schedule, to Edit Established Network Engineer Salary (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 105-05) Action: Adopted Resolution No. 18-081 C.S. Other 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 30 Fisherman's Wharf (Scales Seafood and Steaks); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Gloria Brown and Mary Alice Cerrito Fettis; Under Negotiation: Provide Direction to Request for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-07) Action: Removed from Consent Agenda; Not appointed 3  City Council Minutes Tuesday, May 15, 2018 14. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 10 Ryan Ranch Road; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Tom Parola, Monterey City Disposal Service, Inc.; Under Negotiation: Terms and Conditions for Lease (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 real property negotiators ***End of Consent Agenda*** PUBLIC APPEARANCE 15. Provide Direction to Staff Regarding Parking Restrictions on Garden Road (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01) Action: Provided direction to staff Senior Civil Engineer Renny gave the staff presentation and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. With no requests to speak, he closed public comments. The City Council discussed ways that safe parking programs, lower airport parking fees, and various parking restriction options could impact the parking situation on Garden Road. Concerns cited included unintended consequences, increased staff time, and using public safety resources to enforce parking instead of serious crime. It was requested that staff present further statistics to support the various alternatives, contact the Monterey Regional Airport to learn how they are handling parking, and conduct greater outreach on the subject to the Garden Road business community. 16. Amend Resolution 17-098 Changing the Position Control List and Resolution 17-150, the Adopted Salary Schedule, to Reorganize the Community Services Department, the Public Works Department, and the Library; and create a Parks and Recreation Department (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 502-03) Action: Discussed; Adopted Resolution No. 18-082 C.S. Interim City Manager Uslar provided the background and an overview of the proposal and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments, and with no requests to speak, closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 18-082 C.S. to Amend Resolution 17- 098 Changing the Position Control List and Resolution 17-150, the Adopted Salary Schedule, to Reorganize the Community Services Department, the Public Works Department, and the Library; and create a Parks and Recreation Department: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, May 15, 2018 Mayor Roberson opened the floor for public comments on the closed session agenda. With no requests to speak, he closed public comments. The City Council recessed at 5:23 p.m. and reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Lisa King; Vicky Morton, Monterey resident; Ivan Kramer; Marilyn, California resident; Dawn Jones, Central Coast resident; Chelsea Jensen, Monterey County resident; Vince Morgan, local resident; Bill Harris, Monterey resident and Navy veteran; Billy; and an unidentified woman spoke against sanctuary city policies and State Senate Bill 54, citing the rule of law and safety concerns relating to gang culture and drug cartels. Ron Kabat, Monterey County resident; Neil Kitchens, landlord; Jean Solnudol, habitual Monterey tourist; and Arthur Schaper echoed concerns about State Senate Bill 54, citing California cities that have opposed it, and urged City Council to take similar steps. Angie Morfin Vargas, former fieldworker, spoke in opposition to State Senate Bill 54 and said that her young son Ruben was killed because he was an American. Marcella, Salinas resident, and Pete, Salinas resident, echoed concerns about State Senate Bill 54 and spoke against vaccines and State Senate Bill 277. Sidney Scott, Monterey Peninsula College teacher, defended most illegal immigrants as good people who come here out of desperation, and said most sanctuary cities are statistically safer. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 17. 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 – Continued from April 17, 2018 and Recommended for Continuance to June 5, 2018 (Exempt from CEQA per Public Resources Code Section 21080.5) (Plans & Public Works - 201-12) Action: Continued to June 5, 2018 (4-0-1, Smith absent) Councilmember Smith briefly stepped out of the chamber. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council continued 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" to June 5, 2018: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, May 15, 2018 Mayor Roberson called a recess at 8:00 p.m. and Councilmember Smith returned to the chamber. City Council reconvened at 8:12 p.m. PUBLIC APPEARANCE 18. First Review of Recommended Neighborhood Improvement Program (NIP) Projects for FY 2018-2019 ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) Action: Received update and provided input to staff Richard Ruccello, NIP Alternate Spokesperson, gave examples of NIP projects paid for by another neighborhood’s base allocations. He said that the fire in Santa Rosa made fuel reduction this year’s number one priority and every single project in that category was selected for funding. He appealed to City Council to fill the assistant forester position, citing the concern that state forest fires will pull needed personnel away from City work. Principal Engineer Krebs answered City Council’s questions and outlined the next steps. Councilmember Smith praised the projects and agreed that fuel reduction is a top priority. He asked to be sure project DMB-4 (Beach Way Toilets) is done in a neighborhood-friendly way. Councilmember Barrett gave positive feedback about projects OT-7 (OT Neighborhood Signs), CW-21 (MPL Artistic Bicycle Rack) and suggested linking bike racks with wayfinding signs and neighborhood identification. Councilmember Albert commended NIP for funding CW‐18 (Monterey Sports Center Upgrades) and said that he is glad to see collaboration between MPUSD and the City on project NM‐1 (David Av Open Space Acquisition Trees). Councilmember Haffa said he was pleased to see the emphasis on fire reduction and Colton Hall renovations, and he thanked the NIP Committee for their work. 19. Authorize a 35% Density Bonus for Development of Five Market-rate Dwelling Units and One Low Income Dwelling Unit at Northwest Corner of Tyler and Pearl Streets (APN 001-574-015- 000) Applicant Randy Russom, RRM Design (Exempt from CEQA per Article 19, Section 15303, Class 3b and 3c) (Plans & Public Works - 701-13) Action: Received report; Discussed; Adopted Resolution No. 18-083 C.S. Associate Planner Roveri gave the staff presentation and together with Community Development Director Cole, answered Councilmembers’ questions. Randy Russom, Architect with RRM Design Group, answered Councilmembers’ questions, explained that the project has no immediate source of water, and clarified the mechanism of the density bonus. Councilmember Barrett spoke in favor of incentivizing low-income housing with a balanced approach. Mayor Roberson opened the floor for public comments. With no further requests to speak, he closed public comments. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-083 C.S. to Authorize a 35% Density 6  City Council Minutes Tuesday, May 15, 2018 Bonus for Development of Five Market-rate Dwelling Units and One Low Income Dwelling Unit at Northwest Corner of Tyler and Pearl Streets (APN 001-574-015-000) Applicant Randy Russom, RRM Design: 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 Councilmember Haffa provided an update on his continued meetings with the FORA transition task force and said it is a challenge to figure out how to transition the agency without a significant cost shift. Councilmember Barrett said that the City has commissioned an alternative analysis of its telecommunications ordinance, and asked the City Attorney for an opinion on whether the City can enact a moratorium on the use of small cell antennas until the vetting process is complete. Councilmember Smith said that he serves on the Public Safety Policy Committee of the California League of Cities, and telecommunications will be on the agenda for the upcoming meeting in June. He said that many residents have received the Monterey Bay Community Power mailer and he wants to remind people to look at the website to learn more. He said that this week is the National Police Week memorial for fallen officers. CITY MANAGER REPORTS Interim City Manager Uslar reported that Police Chief Hober would be in Sacramento on May 16 attending legislative meetings with other police chiefs. He said that the Police Department’s Burglary and Theft Team, targeting car break-ins, made six arrests in the last two weeks. He invited all to the Memorial Day concert featuring Monterey County Pops! on the Colton Hall lawn. He said that the City Council would hold a special meeting on May 30 to discuss Wharf II leases. Mayor Roberson opened public comments on the closed session items, and receiving none, closed public comments. ***Adjourn to Closed Session*** The City Council adjourned to closed session at 8:53 p.m. 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: 30 Fisherman's Wharf (Concession 33, Scales Seafood and Steaks) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Gloria Brown and Mary Alice Cerrito Fettis Under Negotiation: Provide Direction to Request for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) 7  City Council Minutes Tuesday, May 15, 2018 Action: Withdrawn cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 10 Ryan Ranch Road Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monterey City Disposal Service, Inc. Under Negotiation: Terms and Conditions for Extension of Ground and Facility Sublease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 205-03) Action: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 126 Mar Vista Drive #126; Agency Negotiators: Kimberly Cole and Elizabeth Caraker; Negotiating Parties: David Cameron; Under Negotiation: Price and Terms for Property Purchase (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 roll call vote, the City Council gave confidential direction to their negotiators (4-1, Smith voting no) cs4. Conference with Legal Counsel – Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(2): Four cases. Facts and Circumstances: the existing facts and circumstances known to potential plaintiffs arise out of a confidential personnel investigation pertaining to former City Manager Mike McCarthy. Therefore, the facts and circumstances are exempt from disclosure pursuant to the California Public Records Act (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) 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