Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 2, 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, Human Present: Resources Director, Police Chief, Community Development Director, Public Works Director, Acting City Clerk, Acting Community Services Director, Housing and Community Development Manager, Property Manager, Park Operations Manager, Director of Sales and Events, Principal Engineer, Police Lieutenant; Associate Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Beverly Bean, League of Women Voters, spoke in favor of Measure J and public water ownership. David Ridley asked the City to take a different approach with regard to homeless people. He said that homeless people need bathrooms and help with drug problems and mental health issues, and could be encouraged to work. Michael Sovereign said there will be a full day of free activities on November 17 to celebrate the 200th anniversary of the Battle of Monterey, and a brochure will be available at the City’s museums. Amanda Whitmire introduced herself as a candidate for the board of the Monterey Peninsula Unified School District, Area 3, and invited all to contact her about her candidacy. She said that Hopkins Marine Station will have its open house on October 6. Ralph Widmar, Monterey Public Library trustee, promoted free workshops at the library on October 9, 17, and 23, in conjunction with National Estate Planning Awareness Month. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, with the exception of Items 8, 10, 12, and 14, and with Councilmember Smith recused from Item 3: 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, October 2, 2018 Approval of Minutes 1. September 18, 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 2. September 26, 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. Award a Construction Contract for the Pacific Sidewalk, Phase 3 Project (Exempt from CEQA Article 19, Section 15302, Class 2) ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 18-171 C.S. (4-0-1, Smith recused) Ordinances 4. 2nd 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)-Continued from August 21, 2018 - Recommended to be Tabled. (Plans & Public Works - 701-11) Action: Tabled 5. 2nd 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: Adopted Ordinance No. 3584 C.S. 6. 2nd 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: Adopted Ordinance No. 3585 C.S. Resolutions 7. Appropriate $115,000 of Tidelands Trust Funds for On-Call Commercial Real Estate Broker Services and On-Call Legal Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 18-172 C.S. 8. Award Professional Services Agreements for Leadership and Supervisory Training Services to Municipal Resource Group, LLC and Public Sector Excellence (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 704-05) Action: Pulled from Consent; Discussed; Adopted Resolutions No. 18-173 and 18-174 C.S. Human Resources Director Hauck gave a brief report to City Council. City Councilmembers said that leadership and management training will benefit City culture by 2  City Council Minutes Tuesday, October 2, 2018 enhancing transition planning and identification of emerging leaders. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolutions No. 18-173 and 18-174 C.S. to Award Professional Services Agreements for Leadership and Supervisory Training Services to Municipal Resource Group, LLC and Public Sector Excellence: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Accept Expansion to an Existing Open Space Conservation Easement for 2969 Monterey Salinas Highway from Monterey Motorsport Park, LLC, a California limited liability company, and Authorize Mayor to Execute First Amendment to Open Space Conservation Easement Deed; CEQA: Mitigated Negative Declaration Adopted (Plans & Public Works - 701-13) Action: Adopted Resolution No. 18-175 C.S. 10. Adopt a Resolution Establishing First Night Monterey as a City of Monterey Signature Event and Authorize Budget Amendments to Increase General Fund Revenue and Appropriation by $26,910 Respectively (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-176 C.S. as amended (4-1, Barrett voting no) City Manager Uslar gave a short introduction of the item and answered Councilmembers’ questions about the City’s budget. Mayor Roberson opened the floor for public comments. Paulette Lynch, Susan Britton, and Ellen Martin, First Night Monterey, cited benefits to the City’s families, safety, and economy associated with the event and asked for City Council’s support. They addressed the proposed additional appropriation and said that costs have gone up, including fees associated with the Monterey Conference Center. Tyller Williamson thanked the volunteers for their work on First Night Monterey, and said that the event is worth the investment from the City. With no further requests to speak, Mayor Roberson closed public comments. City Council cited the special nature of the event and said they support seeking data about its positive impact on the City. Councilmember Barrett, citing fiscal concerns, said he could not support the appropriation of the additional funds. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 18-176 C.S., amended to reflect the date of December 31, 2018 rather than January 1, 2019, to Establish First Night Monterey as a City of Monterey Signature Event and Authorize Budget Amendments to Increase General Fund Revenue and Appropriation by $26,910 Respectively: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Barrett ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3  City Council Minutes Tuesday, October 2, 2018 11. Authorize Purchase and Award Contract to Purchase Fire Department Turnouts (Incident Response Uniforms) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 18-177 C.S. 12. Adopt the Utility Box Art Program Recommended by the Museums and Cultural Arts Commission (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 308-02) Action: Pulled from Consent; Tabled Mayor Roberson said he would like to table the matter and discuss further with the Museums and Cultural Arts Commission. He opened the floor for public comments, received none, and 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 “Adopt the Utility Box Art Program Recommended by the Museums and Cultural Arts Commission”: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Amend Resolution 17-125 for the Capital Improvement Program to Include the RV Storage Lot Security Fence Project and Appropriate $45,000 Additional Funds ***CIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 807-02) Action: Adopted Resolution No. 18-178 C.S. 14. Adopt Resolution Recommending that the Fort Ord Reuse Authority Board Vote to Support Legislation Extending the Fort Ord Reuse Authority for Ten Years (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; Created a subcommittee consisting of Councilmembers Haffa and Smith and directed the subcommittee to work timely with the City Manager to draft a revised resolution as guided by City Council’s discussion points City Manager Uslar briefly introduced the item. Mayor Roberson opened the floor for public comments, and receiving none, closed public comments. Councilmember Barrett said that the draft resolution was overly broad and didn’t address matters brought up by City Council at the study session on September 26, such as a pared down Fort Ord Reuse Authority (FORA) or a potential Joint Powers Agency (JPA). He asked for clarification on what would happen with development fees in the event that FORA could be extended in a slimmed down format. Councilmember Smith said that based on discussion at recent FORA board meetings, he understood there to be not enough time to create a new governance model during a time of transition. He said that there are too many open projects and issues to complete a wind-down of the agency. Councilmember Albert said that development on Fort Ord stopped in 2011 and 2012 and only just really started up again in this last year. He said he would hate to see FORA close while it is still just getting started building. He said that when FORA was formed, every jurisdiction agreed 4  City Council Minutes Tuesday, October 2, 2018 to revenue sharing, and some jurisdictions have enjoyed that benefit while Monterey has not. He said that Monterey would need to benefit from its share of revenue sharing for him to vote for FORA's extension. Councilmember Haffa addressed questions about FORA policy and governance, and suggested amending the resolution to say that that Council supports a majority vote rather than a unanimous vote, and supports slimming down the agency to make it more responsive to jurisdictions that own land on Fort Ord. He said that there are some things that FORA does which the jurisdictions would not have the ability to administer as well, such as ESCA (cleanup of munitions) and administration and oversight of the Community Facilities District (CFD). He explained the fiscal impact to the City that would take place when FORA and its CFD terminate. He proposed a “FORA Light” model to address ESCA and administrative management and costs. He explained the impact fees under FORA's regional funding model and described how the current zoning for Monterey’s Fort Ord land means it is cheaper to develop under FORA than it would be post-FORA. City Manager Uslar suggested that City Council keep the resolution as-is to extend FORA through 2028, because he said a “FORA Light” would require negotiations that would cost time and resources should the board even consider it. He said that the language in the draft resolution does not preclude Councilmember Haffa, as the Council’s FORA representative, to push for another form of FORA. Mayor Roberson discussed the actions of other agencies, and State Senator Monning will have to take the divided votes to the State Senate. He said if there is going to be a negotiation, an alternative should be given. He said he could not support the draft resolution as-is. Councilmember Smith said that Monterey should make the statement that its interest is in being a partner and in protecting and preserving Monterey’s economic recovery. On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council created a subcommittee consisting of Councilmembers Haffa and Smith and directed the subcommittee to work timely with the City Manager to draft a revised resolution as guided by City Council’s discussion points: 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 APPEARANCE 15. Authorize City Attorney Employment Agreement and Appropriate Additional $26,400 of General Fund for FY19 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-08) Action: Adopted Resolution No. 18-179 C.S. Mayor Roberson opened public comments, and receiving none, closed public comments. The City Council spoke in support of City Attorney Davi and her work on behalf of the City. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 18-179 C.S. to Authorize City Attorney 5 City Council Minutes Tuesday, October 2, 2018 Employment Agreement and Appropriate Additional $26,400 of General Fund for FY19: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson opened public comments on the closed session, and receiving none, closed public comments. The City Council adjourned to closed session at 5:29 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. Pat Venza, Monterey Vista Neighborhood Association, said that undergrounding utilities should not be placed on a future Consent Agenda because City Council has not given specific direction to the Planning Commission on the matter. She said that North Fremont is a good place to start with undergrounding, and money is available. She said that the NIP fiber optic feasibility study includes some undergrounding issues, and said that while NIP projects can take a while, direction from City Council could help speed things along. Nina Beety, referring to recent FCC rulings around wireless applications, asked whether a summary of the order has been published yet in the federal register; whether the FCC must react within a certain window of time if they receive a petition for reconsideration; and whether the FCC rules can go into effect without petitions being decided upon. She said that AT&T has been installing fiber optics in the community with no public hearings, and residents have been unable to find out about how the work was permitted. She expressed concern that the work is being done out of order and could include small cell installations, and stated that the work should stop immediately. Jean Rasch, Monterey Vista Neighborhood, said that the motto “dig once” was used in meetings of the 2018 Ballot Measure Advisory Committee to mean that undergrounding utilities could be done at the same time as street restructuring. She said she looks forward to undergrounding on the City Council agenda and would like to see undergrounding required in the City Charter for new development (greater than 50% rebuild) and when streets are restructured. She asked what happened with the North Fremont undergrounding project and asked if Pacific Street could receive Rule 20 PG&E funds for undergrounding when it is restructured. Bruce Zanetta asked City Council to adopt a “dig once” policy about undergrounding. With no further requests to speak, Mayor Roberson closed public comments. 6  City Council Minutes Tuesday, October 2, 2018 PUBLIC HEARING 16. 1st Reading to Amend Monterey City Code Chapter 38, Article 17, Section 112.4, Personal Wireless Service Facilities; Monterey City Code Chapter 38, Article 27, Appeals; and Monterey City Code Chapter 38, Article 22, Section 38-159, Notice and Public Hearing (Exempt from CEQA Article 19, Section 15305, Class 5) (Plans & Public Works - 701-11) Action: Received report; Received public comment; Discussed; Passed ordinance to print as amended Community Development Director Cole gave a short presentation describing the rapidly changing regulatory environment for wireless facilities and laid out highlights of the amended draft ordinance before the City Council at the dais. She said that Verizon and AT&T have stated the following concerns with the proposed ordinance: that the required mockup is excessive and may be infeasible; that the Zoning Administrator should have purview to approve certain small cell facilities; that the City should continue to review Section 6409 applications (sites with existing facilities) at the Zoning Administrator level; that the City should not deny incomplete applications; and that the City should have a simple process for small cell deployment due to the advantages of providing wireless service in the community. She answered Councilmembers’ questions and said that there is still more ordinance cleanup that the subcommittee would like to see adopted and that they refer to as “Phase 2.” She said that at a staff level she feels an appropriate “Phase 3” would be for the City to set forth what its goals are for the wireless facilities and looking more comprehensively at updates. Joseph Van Eaton, Best Best & Krieger, gave the outside counsel presentation via GoToMeeting and answered Councilmembers’ questions. He said that the FCC order has not been published in the federal register, and said that publication in the federal register would trigger the ninety day comment period. He said that appeals will be filed by a number of communities to challenge the FCC order within ten days of publication in the federal register, and at that point courts will determine whether the FCC order stands. Mayor Roberson opened public comments. Bettye Saxon, AT&T, referred to an email from AT&T’s attorney that she said included statements about the company’s belief that mock-ups would be unnecessary, their claim to siting rights in the right-of-way, and their concern that by setting rigid design standards the City may inadvertently prohibit more favorable designs. She said if the City adopts language not in compliance with the FCC, the City will put itself at risk of being sued. She said the City should carve out a streamlined process for small cell and other wireless facilities. Bruce Zanetta said that cities are up against corporations and the federal government working hand-in-hand to change our lifestyle. He said that the health and safety aspect of broadband is uncharted territory and nobody knows what the impacts will be of that level of radiation. He said that the FCC’s job is to look after our health and safety and instead they are looking after the needs of corporate America. He said that solar panels were fully tested for health and safety and the correct work was done before that technology was introduced into neighborhoods. Jean Rasch, Monterey Vista Neighborhood, thanked Community Development Director Cole for her leadership. She said that the public needs mockups and if the City Council had seen mockups for what went in on Wave Street they never would have allowed it. She said that this is a volatile issue and that the public Planning Commission review process is appropriate. She said that while the FCC order is tied up in court, the City should continue to adopt the strongest language possible. She said that the community’s recommendations should be the primary reference document for Phase 2 of the process. She asked the City Council and Planning Commission to listen closely to Nina Beety and take her recommendations to heart. 7 City Council Minutes Tuesday, October 2, 2018 Nina Beety asked who peer-reviewed the draft ordinance. She said that the Wireless Committee has worked hard and that the residents wanted a tougher ordinance to protect residents and it’s not clear that the present one does. She cited grave concerns about Section H 3 on page 16, Limited Exception to Required Findings, in the published draft ordinance, saying that under FCC regulations, anything can be considered an inconvenience to the wireless company and anything deemed “unreasonable” is an effective prohibition. Planning Commissioner and Wireless Subcommittee Chair Dawson addressed Ms. Beety’s questions on Section H 3 and said the wording was removed due to language in the FCC order stating that coverage gaps and capacity gaps can’t be considered. Mr. Van Eaton said that the law says action cannot be taken that prohibits or effectively prohibits the provision of personal wireless service. He said that if the City were to put specific language in, it could tie itself to something that the FCC specifically rejects in its order. He said that the reasonable standards should be able to designed according to what the community wants. With no further requests to speak, Mayor Roberson closed public comments. Community Development Director Cole answered Councilmembers’ questions. She said that the Wireless committee is committed to moving immediately to Phase 2 to work on submittal requirements, and that staff’s goal is for those requirements to be adopted by the Planning Commission in time to be active at the same time the ordinance is finalized. The City Council cited concern about the 60 day shot clock making it difficult for Cities to notice the public, hold a public hearing, enable staff to do adequate research, and process appeals. They said it was important for residents to have the opportunity to see a physical mockup of a proposed facility. Councilmember Haffa said he hoped that that in Phase 2 the committee wouldn’t box the City into aesthetic standards that are not in our interest. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed to print, as amended, the 1st Reading to Amend Monterey City Code Chapter 38, Article 17, Section 112.4, Personal Wireless Service Facilities; Monterey City Code Chapter 38, Article 27, Appeals; and Monterey City Code Chapter 38, Article 22, Section 38-159, Notice and Public Hearing: 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 Albert said he recently attended a number of neighborhood block parties and they show how important neighborhoods are. He thanked Mayor Roberson for representing the City at the recent Leadership Luncheon. He thanked staff for timely agendizing items he has requested. Councilmember Haffa said that there were interesting ideas presented at the recent study session on the City’s Fort Ord property, including a mixed use innovation village. He said that living in close proximity to one’s research and development space could be an interesting and effective model. He suggested that City Council take a field trip to a nearby incubator. Councilmember Barrett praised the recent Veteran’s Stand Down event, which he said he attended. He said that veterans and their families talked about how Monterey Police 8 City Council Minutes Tuesday, October 2, 2018 Department has responded appropriately and provided needed support. He said perhaps the Veterans Transition Center could weigh in about the immediate need in the community for veteran support. He suggested that the City take the lead on the challenge grant for peninsula cities and expand it to include Meals on Wheels. Councilmember Smith said that he enjoyed the recent candidate’s forums and neighborhood picnics. He said that he had fun at his Rotary Club’s Bollywood Night event that raised funds for Community Partnership for Youth. He praised Monterey Police and PRVNT for their announcement of significant breaks in solving a few violent crimes in Seaside in 2014. Mayor Roberson asked that staff revisit the subject of solar power and bring opportunities to City Council for locations for solar facilities throughout the City. CITY MANAGER REPORTS City Manager Uslar encouraged all to attend History Fest on October 13-14. He said that on October 3 there will be a FEMA cell phone alert test. He said that night street work is scheduled for Del Monte Avenue, and Cal-Am Water is beginning to slurry seal the roads affected by their pipeline project. He said that the Monterey Regional Waste Management District's "What Goes Where" app is handy for learning more about recycling. ADJOURNMENT The City Council adjourned at 8:30 p.m. in memory of local restaurateur and former Planning Commissioner Jim Gilbert. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 777 Pearl Street (El Estero Snack Bar) Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete Negotiating Parties: Carol Bruno and Peter V. Bruno, Jr. Under Negotiation: Terms and Conditions for New Lease (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a unanimous roll call vote, City Council gave confidential direction to their real property negotiators Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9