Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 6, 2018 4:00 p.m - 6:00 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, City Attorney, Finance Present: Director, Public Works Director, Community Development Director, Police Chief, Human Resources Director, Acting City Clerk, Housing and Community Development Manager, Sports Center Manager, Interim Recreation and Community Services Manager, Principal Engineer, Senior Engineer (PMSA), Senior Engineer (Traffic), Environmental Regulations Manager, Environmental Regulations Analyst, Associate Planner (2), Senior Administrative Analyst (PMSA), Administrative Analyst (City Manager) CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Phil Butler, Veterans for Peace, invited all to a veterans remembrance event on the Colton Hall lawn on November 11, 2018. Jack Erickson, Veterans for Peace, read aloud a statement about the terrible impacts of World War I and the poem “In Flanders Fields” by John McCrae. Nina Beety spoke against a new smart meter in use by California-American Water, citing health and environmental concerns and data inaccuracy, and asked Monterey to enact a moratorium and an urgency ordinance requiring public hearings, permitting, and noticing requirements for all commercial wireless facilities. She said that the Bureau of Ocean Energy Management is taking public comment until January on the subject of wind farms off the coast and that the ecological impact of such farms would be devastating. Rick Johnson, Old Monterey Business Association, invited all to the annual Christmas tree lighting on November 30, 2018 at 5 p.m. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened, and receiving none, closed public comments on the Consent Agenda. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Item 15: 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, November 6, 2018 Approval of Minutes 1. October 16, 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 2. Award a Construction Contract for $224,289.00 to Monterey Peninsula Engineering for the Casanova Oak Knoll Park Improvements Project ***NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 18-193 C.S. 3. Award a Construction Contract to Bishop Inc. in the amount of $851,457.50 for the Presidio of Monterey Various Buildings Roof Replacement – Package 1 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-194 C.S. 4. Award a Construction Contract to All Seasons Roofing and Waterproofing Inc. in the Amount of $815,470.40 for the Presidio of Monterey Various Buildings Roof Replacement – Package 2 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-195 C.S. Resolutions 5. Authorize an Amendment to the Memorandum of Agreement with the Monterey One Water (M1W) to Extend the Multi-Agency Inspection Services Program an Additional Six Years for an Estimated Total Amount of $274,350 from the Sewerline Maintenance Fund (Exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15308, Class 8) ) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-196 C.S. 6. Adopt Resolution Authorizing the City Manager to Amend the Fire Services Agreement with the City of Pacific Grove and Extend it Until June 30, 2019 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 601-05) Action: Adopted Resolution No. 18-197 C.S. 7. Accept and Authorize Revenue Reimbursements and Appropriation of Funds in the Presidio of Monterey Public Works Fund in the amount of $1,748,126.05 for an Army 801 Water Tank Refurbishment Project under the Presidio Municipal Services Agency Intergovernmental Support Agreement and Amend Resolution 18-135 to Extend the Authorization for the City Manager and Finance Director to Execute Individual Job Order Modifications through 2020 ***PMSA*** (NEPA Not a Project, CEQA Not a Project under Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-198 C.S. 8. Adopt a Resolution Authorizing the City Manager to Delegate Authority to the Parks and Recreation Director, Monterey Sports Center Manager and Recreation and Community Services Manager to Execute Agreements with Independent Contractors in an Amount Not to Exceed Twenty Thousand Dollars for Instruction Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Adopted Resolution No. 18-199 C.S. 2  City Council Minutes Tuesday, November 6, 2018 9. Amend Resolution No. 15-215, the Master Fee Schedule, to Authorize the Parks and Recreation Department to Offer Promotional Pricing for Recreation Programs (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Adopted Resolution No. 18-200 C.S. 10. Authorize the Purchase of One (1) New Medium Duty Dump Truck in the amount of $119,284.61 from Peterson Trucks, Inc. (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. 18-201 C.S. 11. Authorize the Purchase of One (1) New Medium Duty Utility Truck in the Amount of $66,108.66 from National Auto Fleet Group (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. 18-202 C.S. 12. Amend Resolution 17-150 Changing the Adopted Salary Schedule for the City Traffic Engineer Position in the Public Works Department (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 501-01) Action: Adopted Resolution No. 18-203 C.S. 13. Approve Fisherman’s Wharf Association’s Request for Locals Holiday Parking Program in the Waterfront Attendant Lot (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 18-204 C.S. 14. Approve Cannery Row Business Association’s Request for a Locals Holiday Parking Program in the Cannery Row Garage (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 18-205 C.S. 15. Authorize a 2018 Monterey Homeless Challenge Fund and Appropriate $28,323 of General Fund to Support Services for the Homeless (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. 18-206 C.S. as amended Councilmember Barrett asked to amend the draft resolution to add support for Meals on Wheels. Councilmember Smith cited concern that the change would dilute support to homeless providers. Councilmember Albert asked staff for updated general fund balances with future requests for general fund appropriations. Councilmember Haffa said that the original intent of the challenge grant was to provide start-up funding to target unmet needs. City Manager Uslar answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Don Williams said that the Salvation Army and church groups serve food to the homeless. Elouise Shim suggested incentivizing homeowners to add accessory dwelling units to get people off the street and living with more dignity. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 18-206 C.S., as amended, to Authorize a 2018 Monterey Homeless Challenge Fund and Appropriate $28,323 of General Fund to Support Meal Provider Services and Services for the Homeless: 3  City Council Minutes Tuesday, November 6, 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 ***End of Consent Agenda*** 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 Revised 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 (Continued from October 16, 2018) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Opened public hearing; Adopted Resolution No. 18-207 C.S. Mayor Roberson opened the floor for public comments and protests, received none, and closed the public comment and protest period. One written protest, from Treebones Resort, was received by City Council on September 24, 2018. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council opened 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) and Adopted Resolution No. 18-207 C.S. Declaring the Results of the Majority Protest Proceedings; Establishing the Monterey County Tourism Improvement District under the ’94 Law; Approving the Revised 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 17. Hold Public Hearing on the Disestablishment of the Monterey County Tourism Improvement District pursuant to the Parking and Business Improvement Area Law of 1989 ('89 Law); and Introduce and Conduct the First Reading of an Ordinance of the City Council of the City of Monterey Disestablishing the Monterey County Tourism Improvement District (MCTID) Formed Under the Parking and Business Area Law of 1989 in the County of Monterey (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-11) Action: Held public hearing; Passed Ordinance to print Mayor Roberson 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 held a Public Hearing on the Disestablishment of the Monterey County Tourism Improvement District pursuant to the Parking and Business Improvement Area Law of 1989 ('89 Law); and passed to print an Ordinance of the City Council of the City of 4  City Council Minutes Tuesday, November 6, 2018 Monterey Disestablishing the Monterey County Tourism Improvement District (MCTID) Formed Under the Parking and Business Area Law of 1989 in the County of Monterey: 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. First Reading to Amend Monterey City Code Section 38-15(DD)(6) to Establish a Vehicle Sales, Limited, Use Classification; Section 38-40(B) to Add Vehicle Sales, Limited, as a Principally Permitted Use in the I-R Districts; Section 38-41 to Add a Supplemental Regulation Requiring Compliance with Airport Land Use Commission Avigation and Hazard Easement Conditions, as may be Applicable; and, Section 38-115 to Add Off-Street Parking and Loading Spaces Required for Vehicle Sales, Limited (Exempt from CEQA per Article 19, Section 15305, Class 5) (Plans & Public Works - 701-11) Action: Received public testimony; Discussed; Passed Ordinance to print (3-2, Barrett and Haffa voting no) Community Development Director Cole said that the proposed ordinance would enable existing facilities to be able to sell cars they are storing. She answered Council’s questions about zoning and uses in the district and Council’s ability to change zoning in the future. Finance Director Lai and Councilmember Smith answered Council’s questions about taxes that could be received by the City as a result of sales allowed by the proposed use. Councilmember Barrett questioned auto sales in industrial zones, citing the need to stimulate economic development, and asked for more time to study the related demographics and jobs that would be generated by the proposed added use. Councilmember Haffa said that the proposed use may not spur the economy or provide a benefit to the City. Mayor Roberson remarked on the overall success and increased diversification of the Ryan Ranch development over the years and said that because the properties are already used to store vehicles, adding sales is not a significant change. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council passed to print an ordinance to Amend Monterey City Code Section 38-15(DD)(6) to Establish a Vehicle Sales, Limited, Use Classification; Section 38- 40(B) to Add Vehicle Sales, Limited, as a Principally Permitted Use in the I-R Districts; Section 38-41 to Add a Supplemental Regulation Requiring Compliance with Airport Land Use Commission Avigation and Hazard Easement Conditions, as may be Applicable; and, Section 38-115 to Add Off-Street Parking and Loading Spaces Required for Vehicle Sales, Limited: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 19. First Reading - Rezone 503 Pearl Street from PC-D-ES to PC-D-ES-H-2 and Approve Application TM-17-0473 for Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Patrick McNeill and Patricia Hamilton (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) (Plans & Public Works - 701-13) Action: Received public testimony; Discussed; Passed Ordinance to print; Adopted Resolution No. 18-208 C.S. Associate Planner Schmidt gave a presentation on the home at 503 Pearl Street formerly owned by Tajuro Watanabe. Owner Pat McNeill shared anecdotes about the Watanabe family. 5  City Council Minutes Tuesday, November 6, 2018 On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed to print an ordinance to Rezone 503 Pearl Street from PC-D-ES to PC-D-ES-H-2 and H-2 Historic Zoning and adopted Resolution No. _____ C.S. to authorize a Mills Act Contract; Applicant/Owner Patrick McNeill and Patricia Hamilton: 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 20. Reconsideration of Council's October 16, 2018 Adoption of a 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) (Information Resources - 706-04) Action: Reconsidered Resolution No. 18-192 C.S.; Discussed; Adopted Resolution No. 18-192 C.S. with a revised vote of 3-2 (Barrett and Roberson voting no) City Attorney Davi said that the Council action will be to reconsider the resolution as if from scratch. Councilmember Barrett said that he originally cast a yes vote to respect the time spent by the Council Subcommittee to rewrite the resolution, but concerns about extending the Fort Ord Reuse Authority (FORA) would like to reconsider his vote. Councilmember Haffa spoke about the Subcommittee’s work to write a resolution calling for extension of a scaled back, more efficient FORA that focuses on functions that he said only FORA can accomplish. He said there would be risks to the City if FORA ends too soon. Councilmember Smith reiterated the points supported by the resolution and said that it would help get the region closer to a solution that State Senator Monning could take to Sacramento. City Manager Uslar and City Attorney Davi answered Councilmembers’ questions about the potential for Joint Powers Agencies (JPAs), individual agreements, and individual fee structures moving forward. Mayor Roberson opened the floor for public comments. Michael DeLapa, LandWatch Monterey County, listed reasons why he said LandWatch believes FORA should not be extended and asked Council to do a cost-benefit analysis prior to approving an extension. Sheri Damon, FORA, shared facts that she said countered Mr. DeLapa’s statements. Michael Houlemard, FORA, addressed FORA's budget and said that FORA is not a growth project but was designed to replace what the region lost when the military left Fort Ord. Mike Brassfield said that said trying to guess future Fort Ord costs right now with no transition plan will be difficult, and that Council will have to live with the results of their plan or turn the property back over to someone else. Derek Lever asked for information about what would happen if FORA goes away. City Manager Uslar briefly outlined the background of the FORA transition process and related challenges. With no further requests to speak, Mayor Roberson closed public comments. City Attorney Davi referred to the Council’s governance policy and said that Council would reconsider tonight whether to approve Resolution No. 18-192 C.S. 6  City Council Minutes Tuesday, November 6, 2018 Councilmember Barrett complimented the FORA staff as individuals. He said he would like to see Monterey begin to establish its own facility development fees or overlays, and that the expected infrastructure funding goal is likely to never be met even in a time of economic growth. He said that FORA's goals have not been met despite $6M overhead, which he said points to dysfunction in the organization. He said he would like to see a JPA formed to mitigate the municipality’s risk against unexploded ordnance and other risks. On a motion by Councilmember Albert, seconded by Councilmember Smith, the City Council reconsidered Resolution No. 18-192 C.S., previously adopted on October 16, 2018. They adopted the Resolution with the following revised vote: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Smith NOES: 2 COUNCILMEMBERS: Barrett, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 21. Make Appointment to Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Tabled (4-1, Barrett voting no) On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the appointment to the Planning Commission: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Barrett ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT The City Council adjourned at 6:04 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7