Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 18, 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, City Attorney, Interim Assistant City Manager, Finance Present: Director, Community Development Director, Public Works Director, Police Chief, Conference Center General Manager, Acting City Clerk, Assistant Director of Information Resources, Housing and Community Development Manager, City Manager Administrative Analyst, Senior Accountant, Police Lieutenant CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamations Mayor Roberson presented proclamations on behalf of Sergeant Caleb Smotherman, Sergeant Ryan McGuinness, and Lance Corporal Daniel Lewis, who each made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments on matters not on the agenda. Pat Venza, Monterey resident, spoke in favor of Measure J and public water system ownership. James Ogle asked for the chance to lease space to draw caricatures at Fisherman’s Wharf. Jean Rasch, Monterey resident, spoke in favor of campaign finance reform and the need for transparent decision-making by City Council and staff. Esther Malkin asked City Council to support an upcoming rezoning to multi use in the Garden Road area. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 10, 16, and 17, and continued Item 13 to October 2, 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  City Council Minutes Tuesday, September 18, 2018 Approval of Minutes 2. August 29, 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. September 4, 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. Authorize an Appropriation of Funds in the amount of $1,352,502 and Award a Construction Contract for the Sanitary Sewer System Rehabilitation Package 3 & 5: D and F Rated Pipe Rehabilitation Package 6: Manhole Rehabilitation, Phase II, Pipe Bursting, Open Cut and Manhole Replacement (Certified Mitigated Negative Declaration and Categorical Exclusion) ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-159 C.S. Ordinances 5. 1st Reading – Amend Monterey City Code Chapter 19, Article 4, Section 19-103(a) to Add a Sewer Lateral Review Fee and Amend Resolution 15-215 (Master Fee Schedule) to Add a Sewer Lateral Review Fee (Exempt from CEQA Article 19, Section 15309, Class 9) (Plans & Public Works - 407-06) Action: Passed Ordinance to print; Adopted Resolution No. 18-160 C.S. 6. 1st Reading to Amend Monterey City Code Section 23-5 to Delegate Authority to the Parks and Recreation Commission to Set Park Opening and Closing Times on a Park-By-Park Basis and Changing All References in the Monterey City Code to the Community Services Director to the Parks and Recreation Director. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Passed to print 7. 2nd Reading to Amend Monterey City Code Section 23-5 to Delegate Authority to Parks and Recreation Director to Set Park Opening and Closing Times on a Park-By-Park Basis and Changing All References in Chapter 23 from the Community Services Director to the Parks and Recreation Director (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Recommended for Tabling (Community Services - 701-11) Action: Tabled Resolutions 8. Award a Contract to Hyland Software, Inc. for the Purchase of Services and Licensing for OnBase Enterprise Content Management System and Authorize Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Adopted Resolution No. 18-161 C.S. 9. Authorize and Appropriate Grant Funds for a Pacific Biological Laboratories Americans with Disabilities (ADA) Accessibility Assessment Study (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 409-05) Action: Adopted Resolution No. 18-162 C.S. 2  City Council Minutes Tuesday, September 18, 2018 10. Authorize the City Manager to Execute an Agreement for Overnight Security Services at the Monterey Conference Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 902-01) Action: Pulled from Consent; Adopted Resolution No. 18-163 C.S. (3-2, Barrett and Haffa voting no) City Manager Uslar gave a brief report and answered Councilmembers’ questions. Mayor Roberson opened public comments, and receiving none, closed public comments. Councilmember Haffa said that he could not support the motion due to his belief that the City could have staff carry out the security services. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-163 C.S. to Authorize the City Manager to Execute an Agreement for Overnight Security Services at the Monterey Conference Center: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Review and Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 707-01) Action: Adopted Resolution No. 18-164 C.S. 12. Authorize a City Policy to Accept an Approved Electronic Signature in Lieu of a Written Signature (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061). (Information Resources - 104-04) Action: Adopted Resolution No. 18-165 C.S. 13. Amend Resolution 18-010 Awarding a Construction Contract to Teichert Construction for the English Avenue 200-300 Block Improvement Project (Exempt from CEQA Article 19, Section 15302, Class 2) ***NIP*** (Plans & Public Works - 704-06) Action: Continued to October 2, 2018 14. Award Professional Services Agreements for On-Call Surveying Services ***CIP/NIP/PMSA*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolutions No. 18-166, 18-167, and 18-168 C.S. 15. Award a Professional Services Agreement for the Ord Military Community (OMC) Storm Water Outfall Study Project (Categorically Excluded from NEPA 32 CFR Part 651) **PMSA** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-169 C.S. 16. Appropriate $20,000 from the General Fund, General Plan Designation for Financial Professional Services to Update Inclusionary Housing Ordinance (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; Discussed; Continued; Directed staff to bring more 3  City Council Minutes Tuesday, September 18, 2018 information to City Council about the ordinance amendments under consideration (4-1, Smith voting no) Community Development Director Cole gave the staff presentation and answered Councilmembers’ questions. The City Council discussed, on the one hand, possibly giving direction that the economic analysis should include creative ways to incentivize affordable housing development and collaborate regionally, and on the other hand, the benefits of doing a study without defining its outcome in advance. City Manager Uslar suggested that developer incentives should also be looked at when drafting the next Five-Year Consolidated Plan. Mayor Roberson opened public comments. Esther Malkin urged City Council to shoot for 25% or 30% inclusionary housing. Pat Venza suggested a more flexible qualification for inclusionary housing for Monterey, such as working in the area in addition to residential requirements. Jean Rasch spoke against “in lieu” exchanges with developers, and Mayor Roberson said he is unaware of any “in lieu” agreements in the City’s past. Scott Dick, Monterey County Association of Realtors, said that the economic analysis could develop a package of information to give to developers. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson suggested that staff bring the proposed ordinance revisions to City Council before considering funding the study. Councilmember Smith said he would prefer not to delay action that could provide clarity about the economics of increasing affordable units, and stated that the proposed analysis would not create policy. Councilmember Haffa said he would prefer to see staff’s ideas for the ordinance revision first. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council continued the matter entitled “Appropriate $20,000 from the General Fund, General Plan Designation for Financial Professional Services to Update Inclusionary Housing Ordinance” and directed staff to bring more information to City Council about the ordinance amendments under consideration: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 17. Declare a Shelter Crisis Pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code § 8698.2)(CEQA: Not a Project per Article 20, Section 15378 and Section 15061) (Plans & Public Works - 207-03) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-170 C.S. Community Development Director Cole gave the staff presentation and, together with City Manager Uslar, answered Councilmembers’ questions. Councilmember Smith warned about unfunded mandates and the possibility of a future lack of State grant funding. Mayor Roberson opened the floor for public comments. Kathleen Baker, Monterey resident; Janet Mason, Monterey resident and I-HELP board member; an unidentified Seaside resident; and Michael Reid, Fund for Homeless Women, urged City Council to declare a shelter crisis. Esther Malkin asked for clearer public outreach to avoid confusion about the term “emergency shelter.” With no further requests to speak, Mayor Roberson closed public comments. 4  City Council Minutes Tuesday, September 18, 2018 On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-170 C.S. to Declare a Shelter Crisis Pursuant to SB 850 (Chapter 48, Statutes of 2018 and Government Code § 8698.2): AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 500; Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete; Negotiating Parties: Rick Miller; Under Negotiation: Price and Terms 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 19. Authorize the Mayor to Sign a Letter on Behalf of the City Council Opposing S. 3157 the STREAMLINE Act, Which Would Further Limit or Affect Local Government Authority Over Wireless Facilities (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-02) Action: Authorized the Mayor to sign ***End of Consent Agenda*** The City Council adjourned to the Ocean View Community Services District meeting. 20. 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) -- Continued from August 21, 2018 (City Attorney - 703-02) Action: Received report The Board of Directors received the written report and adjourned to the City Council meeting. The City Council recessed at 5:28 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. With no requests to speak, he closed public comments. PUBLIC APPEARANCE 21. Receive Public Testimony on the Proposed Establishment of the Monterey County Tourism Improvement District pursuant to the Property and Business Improvement District Law of 1994 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-03) Action: Received public testimony 5  City Council Minutes Tuesday, September 18, 2018 Finance Director Lai presented a brief report, and City Manager Uslar answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Patricia Domingo, New Monterey neighborhood resident, said that the Monterey area is over-promoted, which she said degrades the experience of Monterey for tourists and residents. She cited tourism related issues in Big Sur and asked how the zones were designed for the proposed Monterey County Tourism Improvement District (MCTID) and how the money will be used. With no further requests to speak, Mayor Roberson closed public comments. City Manager Uslar said that the destination marketing funding raised by the MCTID would be spent to promote the region. Finance Director Lai said she would research the zone formation and bring more information to City Council at the public hearing on October 16, 2018. 22. Authorize Joining a Coalition to Oppose Draft Federal Communications Commission Orders that Severely Limit Local Control of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 701-03) Action: Authorized joining the coalition City Attorney Davi described the Federal Communications Commission (FCC) draft orders and provided details on the coalition of communities which would oppose the orders and file an appeal if they are adopted. Mayor Roberson opened the floor for public comments. Nina Beety read from and described changes proposed in the FCC draft orders, and citing her serious concerns, urged City Council to join the coalition. Carol Kuzdenyi, Pacific Grove resident, echoed concerns about wireless technology and spoke in favor of the coalition. Receiving no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith said that the coalition can only do so much, and encouraged people to write to their Senators to oppose the Senate Bill. On a motion by Councilmember Barrett, seconded by Councilmember Albert, and carried by the following vote, the City Council Authorized Joining a Coalition to Oppose Draft Federal Communications Commission Orders that Severely Limit Local Control of Wireless Facilities: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 23. Receive Report and Presentation Regarding the Celebration of the 250th Anniversary in 2020 of the Founding of Monterey (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received report and presentation Administrative Analyst Punkar gave a brief presentation about Monterey’s history, past celebrations, and ideas for an upcoming 250th Anniversary celebration citywide. Mayor Roberson opened the floor for public comments, and receiving none, closed public comments. Councilmember Haffa stressed his hope that the event will primarily serve locals. Councilmember Smith suggested a time capsule. 6  City Council Minutes Tuesday, September 18, 2018 24. Agenda Placement of Council Comments (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Discussed Councilmember Barrett said that Councilmembers are limited in their ability to talk with each other due to the Brown Act. He proposed moving the “Council Comments” portion of City Council meeting agendas closer to the beginning of the meeting. The City Council discussed the positive and negative outcomes that could come from various placements of Council Comments, citing needs for efficiency, honoring the time of others, and the opportunity to reflect and discuss matters with each other. On consensus, the City Council agreed that Council and staff should work toward agenda management with the end result that Council Comments would be heard at the end of shorter, more efficiently managed meetings. COUNCIL COMMENTS Councilmember Barrett said that the Community Responses to Elder Care Symposium on September 15 was a success. He said that it would be a loss to the community that Harry Mucha had passed and extended his condolences to Mr. Mucha’s family. Councilmember Albert said that Proposition 6, if passed, would result in Monterey-Salinas Transit (MST) losing about $2M annually and facing service reductions and/or fare increases, an issue that he said would be discussed at the next MST board meeting on October 8 at 10:00 a.m. at 19 Upper Ragsdale Drive. He praised City Manager Uslar and Mayor Roberson for the State of the City address and thanked the Plaza Hotel for hosting. He said that he attended the League of California Cities Annual Conference, where he said Property Manager Aldrete gave a great presentation on City leases and a resolution was passed to explore a possible ballot measure or Constitutional amendment to give Cities greater local autonomy. Councilmember Smith praised the recent Golden State Warriors event and the Monterey 250 logo. He agreed that the State of the City event was a success. He said that the Transportation Agency for Monterey County (TAMC) meeting on September 26 will cover Proposition 6 and its impacts if passed, and an estimated developer impact fee as it relates to transportation. He said that “No on Proposition 6” will be an important discussion. Councilmember Haffa said that he and Councilmember Albert had revised the response to the Civil Grand Jury to capture the spirit of the City Council’s comments. He said that Monterey Bay Community Power (MBCP) approved a budget that retired all of the agency’s debt and would deliver a 3% rebate to rate payers at the end of the year. He clarified that the MBCP line item on power bills is not new, but rather is the procurement charge previously paid to PG&E and now billed through PG&E to MBCP. He said that any surplus money generated by MBCP would go half to ratepayer rebates, and half to programs to empower local clean energy production and conservation. He asked staff not to forget about his requested pedicab ordinance. CITY MANAGER REPORTS City Manager Uslar reported that the California Peace Officers Association (CPOA) presented the Monterey Police Department PRVNT Cold Case Squad with the 2017 Cold Case of the Year award for their work solving the Christina Williams murder case. He said that the Cooper Molera Adobe opened last week and that the project is a finalist for the Route Fifty Navigator Award. He said that the September 26 study session would be on the subject of Fort Ord property development potential and the Fort Ord Reuse Authority Transition Plan. 7 City Council Minutes Tuesday, September 18, 2018 ADJOURNMENT The City Council adjourned at 8:16 p.m. in honor of Harry Mucha. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8