Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 7, 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 City Manager, Interim Assistant City Manager, Police Chief, Interim Finance Present: Director, Assistant Fire Chief, Community Development Director, Public Works Director, Library Director, Acting City Clerk, Housing and Community Development Manager, Assistant Director of Information Resources, Senior Engineer, Property Manager, Associate Planner, Police Senior Administrative Analyst, Fire Senior Administrative Analyst, Finance Analyst, Accountant/Auditor, Employee Relations Manager, Police Lieutenant CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. PRESENTATIONS 1. 2017 Governmental Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 403-01) Action: Presented Certificate Interim Finance Director Bouchard gave a short presentation recognizing the Finance Department for receiving the Governmental Finance Officers Association certificate. 2. Recognize Assistant Director of Information Resources Angie Blake for Earning the Certified Government Chief Information Officer (CGCIO) Designation (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-17) Action: Presented Certificate Mayor Roberson gave a short presentation honoring Assistant Director of Information Resources Blake for achieving the Certified Government Chief Information Officer designation. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. David Ridley, citizen and veteran, said he had been ticketed for sleeping in public despite his efforts to be a good neighbor, and spoke in defense of the human need to sleep regardless of lifestyle. He suggested that the City reach out to the poor to teach them how to be good neighbors. Gina Jett, California American Water (“Cal Am”) rate payer and volunteer with Public Water Now, said there have been issues with oversight from the California Public Utilities Commission and that Cal Am has no incentive to do better. She urged voters to vote in November for the feasibility study on the potential buyout of Cal Am. Anthony Buich, owner of Bull and Bear Whiskey Bar and Taphouse at 479 Alvarado Street, described his company’s legal issues with the Saucito Land Company over sound level  City Council Minutes Tuesday, August 7, 2018 complaints. He stated that 65 decibels is an unreasonable limit for people talking together on a patio and asked the City to look at its sound ordinance, which he described as vaguely written and outdated. Jacqueline Kabat, who said that she does music promotion in the area, invited the City Council to come listen to music at the Bull and Bear, and asked the City for some involvement in the noise issue. Elaine Giampietro, resident on Spaghetti Hill, referring to the noise issue, cited events that take place in downtown Monterey and stated that the decibel levels would surely register as higher than the limit imposed on Bull and Bear. Frank Lorre echoed prior sentiment on sound concerns and asked the City Council to vote favorably toward the Cannery Row Caboose proposal (closed session item no. cs2). Debbie Reinstedt said that she and her husband Randy were the past owners of the caboose on Cannery Row and that they hoped the City would allow the buyer to restore and beautify the caboose and run a retail shop from it. Ed Ciliberti, owner of the Cannery Row Caboose and Monterey resident, said he promised the Reinstedts he would keep the caboose local, have it restored professionally, and upon his passing donate it to the Cannery Row Foundation so it can remain where it belongs. He requested that City Council approve the ground lease. Michael Baer, Monterey resident, spoke in favor of Public Water Now and invited all to the MIIS Irvine Auditorium on August 14 for a discussion with Paul Sciuto and Jonas Minton about a way to get off the Carmel River without a desalination plant. He said that the Mayors should report out to their City Councils from the Monterey Peninsula Regional Water Authority meetings they attend. Joseph O’Brien, high school teacher at Everett Alvarez High School in Salinas, said he drives from Salinas weekly to support Monterey businesses and enjoy the music scene. He said that music saves lives and influences culture in meaningful and positive ways. With no further requests to speak, Mayor Roberson closed public comments. 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: 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 3. July 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 Award of Contracts 4. Award a Construction Contract for the Citywide Street Resurfacing (Slurry) Project, Phase 7 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. 18-122 C.S. 2  City Council Minutes Tuesday, August 7, 2018 Resolutions 5. Authorize the City Manager to Enter into a Grant Agreement with the California Highway Patrol to Provide Reimbursement of Backfill Costs Related to California Highway Patrol Drug Recognition Evaluator Training, Up to $50,000 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-123 C.S. 6. Adopt Side Letter Agreement to the Memorandum of Understanding (MOU) With Monterey Fire Fighters' Association (MFFA) Regarding Implementation of a Paramedic Program (Not A Project Under CEQA Article 20, Section 15378 And Under General Rule Article 5, Section 15061) (Human Resources - 507-04) Action: Adopted Resolution No. 18-124 C.S. 7. Authorize Appropriation of Grant Funds for the Franklin Storm Drain Repair Project (Exempt from CEQA per Article 19, Section 15303, Class 3) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 18-125 C.S. 8. Authorize a $829,404 Five-Year Loan from the Tidelands Fund to the General Fund, Increase Appropriations in the General Fund by $841,082 and in the Tidelands Fund by $13,400 to Purchase Mobile and Portable Radio Communications Equipment for Fire and Police Departments, and Authorize City Manager to Execute Service Contract for Installation of Radios on Fire Department Apparatus (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 18-126 C.S. 9. Adopt a Resolution Stating the City Council’s Opposition Proposition 6: Repeal of Recently Enacted State Transportation Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 702-01) Action: Adopted Resolution No. 18-127 C.S. 10. Approve Removal of a Crosswalk at Munras Avenue and Del Monte Center (North) (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 807-02) Action: Adopted Resolution No. 18-128 C.S. Other 11. Approve City's Response to the 2017-2018 Monterey Civil Grand Jury Final Report - "City of Monterey Police Department" (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 706-11) Action: Approved Response 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Approximately 588 square feet of Recreational Trail located between Wave Street and Cannery Row (Cannery Row Caboose); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Edward Ciliberti; Under Negotiation: Terms and Conditions for New Ground 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 Negotiators 3  City Council Minutes Tuesday, August 7, 2018 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 380 Alvarado Street, Suites 101 and 102 Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete; Negotiating Parties: Mia Cruz (Bliss Boutique); Under Negotiation: Terms and Conditions for New 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 Negotiators ***End of Consent Agenda*** PUBLIC HEARING 14. 1st Reading - Rezone 542 Spencer Street from R-3-5 to R-3-5-H-2 and Approve Application TM-18-0103 for Mills Act Contract; Applicant/Owner Charles Garretson; and Rezone 555 Larkin Street from R-3-6 to R-3-6-H-2 and Approve Application TM-18-0135 for Mills Act Contract; Applicant/Owner Timothy P. and Nancy P. Eckert (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) (Plans & Public Works - 701-11) Action: Passed Ordinances to Print; Adopted Resolutions No. 18-129 C.S. and 18-130 C.S. Mayor Roberson opened the floor for public comments, and receiving none, closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council passed to print two draft ordinances and adopted Resolutions No. 18-129 C.S. and 18-130 C.S. to Rezone 542 Spencer Street from R-3-5 to R-3-5-H-2 and Approve Application TM-18-0103 for Mills Act Contract; Applicant/Owner Charles Garretson; and Rezone 555 Larkin Street from R-3-6 to R-3-6-H-2 and Approve Application TM-18-0135 for Mills Act Contract; Applicant/Owner Timothy P. and Nancy P. Eckert: 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 15. Amend Resolution 17-098 Authorizing Changes to Fiscal Year 2018-19 Budget Appropriations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Continued from July 17, 2018 meeting) (Finance - 406-04) Action: Adopted Resolution No. 18-131 C.S. Interim Finance Director Bouchard gave the staff presentation and answered Councilmembers’ questions. Interim City Manager Uslar clarified that due to legislative changes the stormwater utility fee has not been updated, but the City has written to State legislators in hopes of adjusting the fee. He said that service levels and delivery will be addressed in relation to budgetary constraints and staff will report to Council with opportunities for savings. Mayor Roberson opened the floor for public comments. Nina Beety requested that any technology upgrades for the Council Chamber and the Library consider people who are electronically sensitive and focus on increasing wired as opposed to expanding wireless use. With no further requests to speak, Mayor Roberson closed public comments. 4  City Council Minutes Tuesday, August 7, 2018 On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-131 C.S. to Amend Resolution 17- 098 Authorizing Changes to Fiscal Year 2018-19 Budget Appropriations: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Appoint Hans Uslar as City Manager and Approve Employment Contract (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 502-11) Action: Adopted Resolution No. 18-132 C.S. Employee Relations Manager Russo gave a brief summary of Interim City Manager Uslar’s credentials and history working for the City of Monterey. Mayor Roberson opened the floor for public comments. Nina Beety, citing Interim City Manager Uslar’s involvement in past issues involving smart meters and wireless technology and her concerns about his leadership, asked Council not to appoint him. Rick Johnson, Old Monterey Business Association, said that he has worked with Interim City Manager Uslar for 18 years and in all that time he has found him to be incredibly effective and amazingly ethical. He said he supports Mr. Uslar’s appointment as City Manager. Lois Hansen, Monterey Vista neighborhood resident, referred to the recent wireless issue and stated that while she anticipates fighting some of the same fights again, she is willing to work with Mr. Uslar. She said that she asked the recruiter to find a City Manager who operates in transparency and with a passion for residents, and said she asks for that again from Mr. Uslar and the entire Council. With no further requests to speak, Mayor Roberson closed public comments. The City Council described the extensive recruitment process and the associated public outreach, and voiced their support of Mr. Uslar’s appointment, citing his knowledge, integrity, and honesty. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-132 C.S. to Appoint Hans Uslar as City Manager and Approve the Employment Contract: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The City Council recessed at 5:36 p.m. and reconvened at 7:05 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 5  City Council Minutes Tuesday, August 7, 2018 CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Ron Kabat asked the City to take a position on Senate Bill 54 and speak up about the importance of releasing felons to ICE to be deported instead of into communities. Bill Harris, Monterey County resident and retired Navy, spoke in opposition to Senate Bill 54 and Sanctuary State policies, citing crime and vagrancy issues. Cassandra Bridge, Monterey College of Law, described the college’s pro bono lawyer referral service available to anyone who cannot afford basic legal services. She said information is available at http://www.montereylaw.edu/workshops or 831-582-3600. Eloise Shim, substitute teacher with Monterey Peninsula Unified School District (MPUSD), citing concerns about the district’s accountability, said she thinks MPUSD should be required to formally report to the City Council. 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, May 15, 2018 and June 5, 2018 (Exempt from CEQA per Public Resources Code Section 21080.5) (Plans & Public Works - 201-12)-Recommended for Tabling (Plans and Public Works - 201-12) Action: Tabled Mayor Roberson opened the floor for public comments, 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 tabled 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 -- Continued from April 17, 2018, May 15, 2018 and June 5, 2018 -- Recommended for Tabling”: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. 1st Reading to Amend Zoning Ordinance Sections 38-15(DD)(6), 38-40, and 38-115 to Principally Permit Limited Vehicle Sales in the I-R Industrial, Administration, and Research Districts and to Establish a Vehicle Sales, Limited, Use Classification with Same Parking Requirements as Vehicle/Equipment Sales and Rentals (Exempt from CEQA per Article 19, Section 15305, Class 5) (Plans & Public Works - 701-11) Action: Received Presentation; Passed Ordinance to Print Associate Planner Roveri gave the staff presentation and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments, 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 passed to print the 1st Reading to Amend Zoning Ordinance Sections 38-15(DD)(6), 38-40, and 38-115 to Principally Permit Limited Vehicle Sales in the I-R 6  City Council Minutes Tuesday, August 7, 2018 Industrial, Administration, and Research Districts and to Establish a Vehicle Sales, Limited, Use Classification with Same Parking Requirements as Vehicle/Equipment Sales and Rentals (Exempt from CEQA per Article 19, Section 15305, Class 5): 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 19. Receive a Report on the Proposed Milestones and Timeline for Revisions to the City’s Wireless Regulations; and, Appoint a Wireless Subcommittee; (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Received Report; Discussed; Appointed a Wireless Subcommittee consisting of Planning Commissioners Michael Dawson and Michael Brassfield, with Hansen Reed as an alternate, and residents Lois Hansen, David Breedlove, Hebard Olsen, Susan Nine, and Duane Peterson Community Development Director Cole gave the staff presentation and answered Councilmembers’ questions. She said that the opportunity to apply for the subcommittee was noticed to residents through the newspaper, City Focus newsletter, and on social media. The City Council discussed aspects of various potential subcommittee sizes and configurations. Mayor Roberson opened the floor for public comments. Pat Venza, Monterey Vista Neighborhood Association, said that her neighborhood has the most wireless experience and said that if the City Council appoints from other neighborhoods that those appointees should have demonstrated their involvement in and knowledge of the issue. Nina Beety agreed, saying that Monterey Vista neighbors are up-to-date on regulations and worked together to prepare a draft ordinance. She shared her thoughts on outside counsel Joseph Van Eaton’s proposed ordinance revision and said that wireless sensitivity is a civil rights issue. Susan Nine asked for clarification about the role of the subcommittee and whether it would have less creative power than she had originally understood. Lois Hansen, Monterey resident, suggested that three residents be appointed to the subcommittee. She said that the residents on the subcommittee should be knowledgeable about the wireless process that took place in the Monterey Vista neighborhood. Eloise Shim said that Nina Beety worked on a smart meter initiative, and said that “less is more” when it comes to subcommittees. She suggested that Council appoint one Planning Commissioner and three members of the public. Jean Rasch, Monterey Vista neighborhood, described her neighborhood’s experience on the topic of wireless telecommunications as “ahead of the curve.” Duane Peterson said that the timeline seems ambitious and he is still interested in being appointed. With no further requests to speak, Mayor Roberson closed public comments. Community Development Director Cole said that Mr. Van Eaton’s recommendations are a starting point, but the subcommittee process will be a deliberative process to work through and discuss nuances. She said that the subcommittee meetings will be publicly noticed and that staff and outside counsel Mr. Van Eaton will provide information and background and be available as technical resources. 7 City Council Minutes Tuesday, August 7, 2018 On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council appointed a Wireless Subcommittee consisting of Planning Commissioners Michael Dawson and Michael Brassfield, with Hansen Reed as an alternate, and residents Lois Hansen, David Breedlove, Hebard Olsen, Susan Nine, and Duane Peterson: 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 Smith complimented the Police Department for their successful National Night Out event. He congratulated City Manager Uslar on his appointment. He praised Parks and Recreation staff and the Casanova Oak Knoll Neighborhood Association for their recent Movie in the Park event. Councilmember Haffa said he is pleased to have an appointed, permanent City Manager. He said that City Council needs to develop goals. He celebrated community achievements on homeless issues: he said that he attended Safe Place’s annual luncheon and announced that they have almost completed an additional six beds for runaway homeless youth; and said that Interim has opened a mental health facility so that people coming out of the hospital with mental health issues have somewhere to land in a time of need. He said that the City of Monterey is a community of immigrants whose economy depends on immigration, and said he would be open to a resolution in support of Senate Bill 54. Councilmember Albert said he attended a ribbon cutting event at Del Monte Center for a tot center where you can leave kids while you shop. He said he attended the Chamber’s business excellence awards and was proud to see MPUSD win the award. He said that MPUSD has come a long way over the last ten years and has an excellent board and superintendent. He said he attended Monterey Vista Neighborhood Association’s board meeting and was pleased to see the large group in attendance because the heart of Monterey is in its neighborhoods. He said that City staff does a wonderful job and thanked them for the work they do to help the City Council make tough decisions. Councilmember Barrett echoed Councilmember Albert’s comments and stated the importance of paying attention to housing availability and the economy. He invited all to the next Slow Money Central Coast meeting at MEarth in Carmel Valley on August 28. He said that students are coming back to Middlebury Institute on August 20. He said that as people age, they are drawn more into their homes, and how we support each other as neighbors is important. He said that on September 15 at Monterey Peninsula College there will be a community dialogue entitled “Community Responses to Elder Care” to look for community-based innovations for supporting neighbors and strengthening social networks. CITY MANAGER REPORTS City Manager Uslar said that the Police Department has created an interdisciplinary team to help people with elder protection, domestic violence, and homelessness issues. He said that the Police Department has a new website with crime statistics and a police activity log. ***Adjourn to Closed Session*** 8 City Council Minutes Tuesday, August 7, 2018 Mayor Roberson opened the floor for public comments on the closed session. With no further requests to speak, Mayor Roberson closed public comments. The City Council adjourned to closed session at 8:19 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: 380 Alvarado Street, Suites 101 and 102 Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete Negotiating Parties: Mia Cruz (Bliss Boutique) Under Negotiation: Terms and Conditions for New 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: On a unanimous roll-call vote, Council gave confidential direction to its negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Approximately 588 square feet of Recreational Trail located between Wave Street and Cannery Row (Cannery Row Caboose) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Edward Ciliberti Under Negotiation: Terms and Conditions for New Ground 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: On a unanimous roll-call vote, Council gave confidential direction to its negotiators ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9