Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 16, 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, Fire Chief, Finance Director, Community Development Director, Public Works Director, Conference Center General Manager, Police Lieutenant, Acting City Clerk, Principal Engineer, Senior Civil Engineer, Property Manager, Parks Operations Manager, Principal Planner, Senior Accountant, Harbormaster CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Measure P Annual Report (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01) Action: Received report Measure P Oversight Committee Chair Carol Chorbajian presented an update on infrastructure work and the committee’s oversight of expenditures. She said that sales tax income should rise due to the completion of the Monterey Conference Center. City Manager Uslar said that staff is working to obtain updated figures on the percentage of sales tax generated by tourists. Mayor Roberson opened public comments, received none, and closed public comments. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Robbie, Ocean Fresh Seafood, asked why he was asked to move his company trucks from the paved West Depot Lot to the dirt East Depot Lot. He said since moving his trucks as requested, they have been vandalized, and he asked for more attention to security at the lot. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened the floor for public comments on the Consent Agenda. Nina Beety commented on Item 2, asking for revisions to the October 2, 2018 minutes. She detailed her concerns about Item 4, comparing Pacific Grove's wireless ordinance in progress with Monterey's proposed ordinance, and saying she questioned making policy based on potential future action by the Ninth Circuit Court. She asserted that changing the limited exception portion of the ordinance would open all City regulations to being considered an effective prohibition of service, exempting applicants from having to comply with City rules, thereby eroding and destroying said rules. Addressing Item 15, she asked the City to address noise impacts that would affect residents who live on nearby hills. With no further requests to speak, Mayor Roberson closed public comments and suggested that a follow-up letter about noise at the Airport would be more appropriate than editing the current letter.  City Council Minutes Tuesday, October 16, 2018 On a motion by Councilmember Albert, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda, including approving Item 7 as amended and with a "no" vote from Mayor Roberson on Item 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. October 2, 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 Appropriations of the Tidelands Fund in the Amount of $807,264 and Marina Fund in the Amount of $467,364 from Ending Balances and Award a Construction Contract for the Waterfront Parking Lot Improvements Project (65c1330) (Exempt from CEQA Requirements per Article 19, Sections 15302 and 15304, Class 2 and 4 exemptions) ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-180 C.S. Ordinances 4. 2nd 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: Adopted Ordinance No. 3586 C.S. Resolutions 5. Adopt a Resolution of Intention to Disestablish the Monterey County Tourism Improvement District pursuant to the Parking and Business Improvement Area Law of 1989; and to Set a Public Hearing Date (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Adopted Resolution No. 18-181 C.S. 6. Amend Resolution 17-195 to Increase the Appropriation to the Capital Projects Fund for Projects Funded by the Transportation Safety & Investment Plan (Measure X) from $1,991,764 to $3,232,625 ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 807-01) Action: Adopted Resolution No. 18-182 C.S. 7. Accept 2017 “Staffing for Adequate Fire and Emergency Response” (SAFER) Grant and Authorize FY18/19 General Fund Budget Amendments to Increase Revenues by $91,400 and Appropriation by $232,800 to Fund Two Firefighter Positions and Related Employment and Training Expenses (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 18-183 C.S. as amended 2  City Council Minutes Tuesday, October 16, 2018 8. Authorize the Purchase of Three (3) GO-4 Parking Enforcement Vehicles (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 18-184 C.S. 9. Amend Resolution 17-098 Changing the Position Control List at the Monterey Conference Center by Adding Two (2) Regular Part-time (RPT) Facility Attendant positions and Increasing General Fund Appropriations and Estimated Revenues by $66,222, Respectively (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 902-01) Action: Adopted Resolution No. 18-185 C.S. 10. Award a Contract for the Purchase of Five (5) Utility Bed Trucks (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 18-186 C.S. 11. Authorize a Contract for the Purchase of One (1) New Street Division Backhoe (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-04) Action: Adopted Resolution No. 18-187 C.S. 12. Award Four Professional Services Agreements for On-Call Landscape Architecture Services for Projects within the City of Monterey to Gates and Associates, Verde Design, RRM Design Group, and Sunflower Gardenscapes ***CIP/NIP*** (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. 18-188, 18-189, 18-190, and 18-191 C.S. 13. Adopt Resolution Recommending that the Fort Ord Reuse Authority Board Vote to Support Legislation Extending the Fort Ord Reuse Authority for Ten Years, to Include a Gradual Scaling Back of the Organization by January 2021 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Adopted Resolution No. 18-192 C.S. (4-1, Roberson voting no) Other 14. Referral to the NIP Manual Subcommittee to Review Current Processes for NIP Projects for Efficiencies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Referred to the NIP Manual Subcommittee 15. Authorize the Mayor to Sign a Comment Letter in Response to the Monterey Regional Airport Proposed Master Plan Project Draft Environmental Impact Report (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Authorized ***End of Consent Agenda*** City Council adjourned to closed session at 4:32 p.m. and reconvened at 7:06 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 3  City Council Minutes Tuesday, October 16, 2018 CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Mel Mason, The Village Project, objected to remarks that he said Councilmember Haffa made at a recent Seaside City Council meeting, and asked people to contact him directly about The Village Project. Roger Eisele, Monterey resident, said that an NIP proposal for a crosswalk on Glenwood Circle was approved in 2016 and hasn’t been completed, and a request to have the Jazz A bus service Glenwood Circle was ignored by Monterey-Salinas Transit and City Council. He said that City staff and Council should be responsive to residents. Colleen, Brandman University student, described the plight of the sea otter and related environmental dangers posed by plastic six-pack rings. Zane Toyon, CSUMB student, decried single-use plastics and proposed an ordinance limiting their use in the Monterey Bay area. Brenton Peck, CSUMB student, described plastic waste as a social justice issue and asked why young people in developing countries should have to deal with the waste produced by wealthier countries. He echoed Mr. Toyon’s request for an ordinance limiting single-use plastics. Regina Mason, National Association for the Advancement of Colored People (NAACP), disputed what she said was an insinuation by Councilmember Haffa that the local NAACP branch did not support Seaside Councilmember Kayla Jones. Bruce Zanetta referred to undergrounding utilities, saying that microgrids have about 99% reliability. He cited examples of local, green microgrids and suggested that the City work toward microgrids in the future. Jody Hansen, Monterey Peninsula Chamber of Commerce, encouraged voters to vote yes on Measure S. She said voters should vote no on Measure J, citing concern about unintended consequences and uncertainty about the criteria for feasibility. Tyller Williamson said that the feasibility study is the goal of Measure J and that a California- American Water buyout would only take place if the feasibility study showed it to be economically feasible. Pat Venza, Monterey Vista Neighborhood Association, said that a Monterey Regional Water Management District director said that residents will be able to give input on the Measure J feasibility study and weigh in on what they consider feasible. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 16. Open a Public Hearing to receive Public Testimony and Protests on Proposed Establishment of Monterey County Tourism Improvement District (MCTID) Under the Property and Business Improvement District Law of 1994 (’94 Law); Adopt a Resolution Declaring the Results of the Majority Protest Proceedings; Establishing the Monterey County Tourism Improvement District under the ’94 Law; Approving the Management District Plan of the ’94 Law MCTID; and Levying of Assessment on Lodging Businesses within the ’94 Law MCTID for January 1, 2019 – December 31, 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Opened public hearing; Received public comments; Continued to November 6, 2018 This item was heard last, following Item 18. City Manager Uslar said that there were pending questions relating to the item and that Pacific Grove’s resolution consenting to the establishment of the MCTID did not pass due to a lack of quorum. He suggested that City Council receive public comments and continue the matter to November 6. Mayor Roberson opened public comments. Rene Boskoff, Monterey Marriott Hotel and member of the TID Oversight Committee, said that the committee reviewed and worked for well 4  City Council Minutes Tuesday, October 16, 2018 over a year on the new TID. He spoke in support of establishing the MCTID. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council continued to November 6, 2018 the matter entitled “Open a Public Hearing to receive Public Testimony and Protests on Proposed Establishment of Monterey County Tourism Improvement District (MCTID) Under the Property and Business Improvement District Law of 1994 (’94 Law); Adopt a Resolution Declaring the Results of the Majority Protest Proceedings; Establishing the Monterey County Tourism Improvement District under the ’94 Law; Approving the Management District Plan of the ’94 Law MCTID; and Levying of Assessment on Lodging Businesses within the ’94 Law MCTID for January 1, 2019 – December 31, 2023”: 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 17. Refer to Planning Commission a Request to Consider Amending the City’s General Plan to Improve the City’s Undergrounding Policy (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-13) Action: Referred to Planning Commission an amendment to the General Plan to prioritize undergrounding of utilities and removal of overhead lines in the City, including R1 zoned properties, and tasked staff to provide a Work Plan Mayor Roberson said that fire risk is an issue in some Monterey neighborhoods. He suggested reviewing the General Plan to see if a stronger statement about the City’s commitment to undergrounding utilities is needed. Community Development Director Cole provided a brief overview of current General Plan and Zoning Ordinance policies about undergrounding. She explained the General Plan and the public process that leads to its adoption by the Council. Public Works Director Wittry described PG&E’s Rule 20A program for funding utility undergrounding and said that generally, congested areas apply for this funding source, not residential neighborhoods. He answered City Council’s questions about other funding mechanisms such as PG&E Rules 20B and 20C and assessment districts. He discussed the complexities of funding the undergrounding of fiber optic cable and suggested studying the feasibility of undergrounding utilities separately from studying the feasibility of fiber optic cable. Mayor Roberson opened public comments. Susan Nine, Monte Vista neighborhood, cited concern that, in the absence of adequate policies to support denying wireless facility placement on utility poles, the telecom industry will prevent the City from undergrounding utilities anywhere that wireless facilities are permitted. She said urgency is needed and that there are already neighborhoods that would like to move forward with assessment districts. She mentioned Newport Beach as an example of a municipality that has prioritized undergrounding utilities. Pat Venza, Monterey Vista neighborhood, asked to strengthen the General Plan with regard to undergrounding, as a disincentive to telecom firms. Citing the increasing cost over time and the risk of fire, she urged City Council to direct undergrounding to the Planning Commission to expedite the issue. She said that there is an NIP feasibility study that will study funding options. Bruce Zanetta said that technology is changing quickly and addressing undergrounding will make a statement. He said that undergrounding utilities and fiber optic are separate but 5 City Council Minutes Tuesday, October 16, 2018 connected, and suggested that “if you build it, they will come.” He provided information about comparative risks and benefits associated with providing utility connections underground and on overhead wires. Lois Hansen said that the policies of the General Plan speak for the preservation and enhancement of Monterey’s natural scenic beauty, and for the elimination of clutter by signs, wires, and poles. She quoted Policy H.28 on the desired maintenance of Pacific Street’s tree canopy and suggested undergrounding could begin on upper Pacific Street due to overhead wires that she said have become a mess. She asked for a strengthened policy on undergrounding and a timeline of actions to show a sense of urgency and evidence of commitment to the policies in the General Plan. Ray Meyers said that urgency is needed. He mentioned Laguna Beach and San Diego as examples of municipalities committed to undergrounding through various funding mechanisms. He said that climate change is creating a different world, and we have to think in those terms and find a way to live in it. He described the great risk of fire posed by downed power lines, high winds, and intruding vegetation, said it is avoidable by removing the lines from poles and putting them underground. Suzanne Grimes, Old Town Neighborhood Association, said that she has observed deteriorating, ugly power poles on her regular walks. She asked the City to make undergrounding utilities a priority in the General Plan. Jean Rasch, Monterey Vista neighborhood, said that to avoid fire risk PG&E is proactively shutting down electricity on very windy days and will be more aggressive about removing vegetation near wires, which will expose the wires and equipment. She said that if people can’t afford the assessment there are ways to delay someone’s contribution until the sale of their house at the time of their death or the sale of the home. She asked Council to bring in the business community and ask for their support on the issue. Jason Reed said that his home insurance provider declined to renew his insurance policy due to the perceived fire risk. He observed that vegetation management in the Sierra Nevada is aggressive and they are removing trees due to fire risk. He urged City Council to approve the referral to the Planning Commission. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith said the City Council, in referring undergrounding to the Planning Commission, will state that this is important for the community. He said the process will involve multiple steps and may take time in order to connect appropriately with other statements in the General Plan. Mayor Roberson introduced a motion to refer to the Planning Commission an amendment to the General Plan to prioritize undergrounding of utilities and removal of overhead lines in the City, including R1 zoned properties. Councilmember Albert seconded the motion. City Council discussed the sense of urgency and wondered about a timeline. City Manager Uslar suggested that the City Council hold retreat to discuss their priorities, in order to help staff understand how they should prioritize various projects. Mayor Roberson added an amendment to his motion, tasking staff to provide a Work Program on how they and the Planning Commission would accomplish the General Plan amendment. The motion passed with the following vote: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6  City Council Minutes Tuesday, October 16, 2018 The City Council recessed at 8:41 p.m. and reconvened at 9:00 p.m. 18. Receive Update on Sea Level Rise Adaptation Strategy Assessment in Compliance with Assembly Bill 691 (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-01) Action: Received update Community Development Director Cole introduced the topic, saying that the regulatory environment around sea level rise is rapidly changing, and long terms plans must be revisited with consideration of climate change. She explained that California Assembly Bill 691 requires this assessment for the City’s Tidelands property. Aaron Holloway, consultant with Moffatt & Nichol, presented the update and shared a range of sea level rise projections released in recent scientific studies. He broke down the Tidelands area into six transects and discussed the risks posed to different structure types by varying amounts of sea level rise. He said that the next steps are to analyze costs and plan for protection and preservation of the City’s resources. Mayor Roberson opened public comments, received none, and closed public comments. City Council discussed the challenges that the City will face in contending with sea level rise, and asked for clarification on public versus private responsibilities. They said that developers and the City will need to think about how these changes will impact the Tidelands area. COUNCIL COMMENTS Councilmember Smith said that KSBW would cover Measure S on the news later in the evening. He said that he joined the Mayor and Councilmember Barrett at the Wharf’s Birthday Party and it was a great event. He said he enjoyed the reenactment of the signing of the California Constitution and looks forward to the State Theatre being open again someday. Councilmember Barrett said that he served cake at the Wharf’s Birthday Party. He thanked the Council subcommittee on FORA for their work revising the resolution. Citing the importance of Council unity, he said that the Mayor’s "no" vote with no prior discussion took him by surprise, and requested that his "yes" vote on that item be brought back for reconsideration at the next City Council meeting. He asked for emergency shelter contingencies to come to Council for consideration soon before it gets too cold outside. He asked that the City take up the per capita “Challenge Grant” donation and requested that this year it include Meals on Wheels. Councilmember Albert thanked Councilmember Barrett for filling in for him at the recent Monterey-Salinas Transit board meeting while he was on vacation. Councilmember Haffa said that he has asked for a City Council retreat to discuss priorities, and asks again to hold one soon. He said that he hopes the retreat would include discussion about a plan for the City's Fort Ord property, stating that implications of the recent Marina Coast Water District settlement could leave the City's Fort Ord property without water. He said he believes the City needs a better dog park and he wondered about the Old Capitol Site as a location for one. CITY MANAGER REPORTS City Manager Uslar said that November 6 agenda will include the Challenge Grant. He said that many people enjoyed the History Fest and the Archives Crawl. He said that the next Recreation Guide would come out on October 22 and there would be a special closed session on October 24. He said that the Conference Center tile mural restoration is almost done. 7 City Council Minutes Tuesday, October 16, 2018 ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Conference with Legal Counsel – Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(1): (One Case) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: Received report cs2. Closed Session 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: 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, City Council gave direction to its negotiators ADJOURNMENT City Council adjourned at 9:44 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8