Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 4, 2018 4:00 p.m. - 6:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA City Staff City Manager, City Attorney, Interim Assistant City Manager, Human Present: Resources Director, Police Chief, Fire Chief, Community Development Director, Public Works Director, Finance Director, Acting City Clerk, Housing and Community Development Manager, Sustainability Coordinator, Parks and Recreation Director, Parks Operation Manager, Assistant Director of Information Resources, Interim Recreation and Community Services Manager, Employee Benefits Manager, Senior Associate Planner, Construction Project Manager, Associate Planner (2), Media Assistant, Senior Administrative Analyst (Police), Administrative Analyst (City Manager) CALL TO ORDER (2016-2018 City Council) Mayor Roberson called the meeting to order at 4:02 p.m. CERTIFICATION OF ELECTION RESULTS AND COUNCIL INSTALLATION 1. Adopt a Resolution Declaring Canvass of Returns and Results of the Consolidated General Municipal Election on November 6, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 702-03) Action: Adopted Resolution No. 18-212 C.S. On a motion by Councilmember Barrett, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 18-212 C.S. Declaring Canvass of Returns and Results of the Consolidated General Municipal Election on 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 2. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Council - 701-01) Action: Made remarks Councilmember Haffa thanked Councilmember Barrett for his service, highlighting his advocacy for members of the community who are not advantaged, and sharing accomplishments that benefitted from his leadership. Councilmember Smith said that he had enjoyed getting to know Councilmember Barrett and campaigning alongside each other, and had appreciated Councilmember Barrett’s challenging questions and his commitment to the community. Councilmember Albert said that Councilmember Barrett was a true public servant who focused on doing what was best for the City, and praised his innovative ideas about housing, economic development, and neighborhood improvement.  City Council Minutes Tuesday, December 4, 2018 Mayor Roberson highlighted Councilmember Barrett’s caring, committed, and compassionate nature, and the countless hours he spent preparing and working for City issues. He shared many examples of Councilmember Barrett’s efforts on behalf of the City and City Council. Councilmember Barrett thanked the Mayor and City Council, his supporters, and the City staff. He shared accomplishments and successes from his time on the City Council. He urged the community in Monterey to work together to achieve solutions to upcoming challenges and said he looks forward to his continued participation in that process. 3. Recognition of Councilmember Timothy Barrett (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Council - 701-01) Action: Recognized Councilmember Barrett Mayor Roberson presented Councilmember Barrett with a gift on behalf of the City Council and the community. On behalf of the City staff, City Manager Uslar thanked Councilmember Barrett and presented him with a street sign bearing the words “Barrett Way.” 4. Installation of 2018-2020 Monterey City Council (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Council - 701-01) Action: Administered Oaths of Office and seated the 2018-2020 City Council Acting City Clerk Klein administered the Oath of Office to Mayor Roberson, and Mayor Roberson administered the Oath of Office to Councilmembers Smith and Williamson. Mayor Roberson, Councilmember Smith, and Councilmember Williamson took their places at the dais. 5. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Council - 701-01) Action: Made remarks Councilmember Smith thanked the voters and his supporters and volunteers; his wife Sharron and their family for their support; City staff; boards and commissions; and his fellow Councilmembers for their faithful service the last four years, saying he looks forward to working together for the next four years. He highlighted the 82% voter approval of Measure S. He said that on City Council means “service above self” and said he is committed to progressing on infrastructure issues that he said are very important to the community. Councilmember Williamson thanked his supporters, endorsers, donors, and volunteers; the Architectural Review Committee (“ARC”); City staff; his opponents for running a competitive campaign and increasing dialogue; the City Council in advance for working collectively to move Monterey forward; and his partner Ivan for his support. He briefly shared his vision for the next four years, highlighting needs for more affordable housing, a sustainable water supply, transportation, and transparency and participation in local politics. Mayor Roberson thanked his wife Dottie for her support; neighborhood associations and the Neighborhood Improvement Program Committee for caring for the City; Councilmember Smith for his work toward the success of Measure S, and Councilmember Williamson for his service on the ARC. He said that working together will keep Monterey special and maintain its small town feeling. He said the City will need to address issues of disaster preparedness and climate resiliency; affordable housing and homelessness; public pension sustainability; and public safety. He shared lyrics from the song “One Wish” and emphasized the line: “Peace to All.” Councilmember Haffa said that he looks forward to working with the full Council and is proud to work with Councilmember Williamson, whom he praised for his passion for people, sense of humor, collaboration, and fresh vision. 2  City Council Minutes Tuesday, December 4, 2018 Councilmember Albert said that the City Council will be a great team and congratulated the newly elected and re-elected members for their campaigns. He said he looks forward to working together. 6. Appoint the Vice-Mayor for 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed Vice Mayor Albert On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council appointed Dan Albert as Vice Mayor for 2019: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The City Council recessed at 5:04 p.m. and reconvened at 5:19 p.m. ROLL CALL (2018-2020 City Council) Acting City Clerk Klein called the roll: Councilmembers Present: Councilmembers Albert, Haffa, Smith, Williamson, Roberson Absent: None PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 7. Recognize Arbor Week and Receive the 37th Consecutive Tree City Award (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 101-01) Action: Received presentation and award Urban Forester Morton presented the award from the Arbor Day Foundation, provided context for the distinction, and displayed the Tree City USA flag. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on matters not on the agenda and asked speakers to honor a two minute speaking time. Pat Venza, Monterey Vista Neighborhood Association, asked City Council to hold a study session about utility undergrounding and related factors, requirements, and obstacles. Bruce Zanetta echoed Ms. Venza’s request and recommended that Council appoint Jean Rasch to the Planning Commission. David Ridley said that the City needs simple rules around camping and sleeping that respect homeless people’s needs instead of criminalizing their existence. Eloise Shim, substitute teacher with Monterey Peninsula Unified School District (MPUSD), shared her concerns about certain MPUSD policies and practices. 3  City Council Minutes Tuesday, December 4, 2018 Esther Hobbs, Women’s March Monterey Bay, said that the third annual march will be held on January 19, 2019, and asked the City to waive or reduce the fees for the associated permit, banner on Alvarado Street, and use of the Community Room at Custom House Plaza. Fatima Dias, Old Town Monterey resident; Daniel Weinstein, Seaside resident; and Lila Critchley, Women’s March Monterey Bay, endorsed the Women’s March and asked for fee waivers. Keegan Spencer, California State University Monterey Bay student, citing concerns about plastic pollution in the ocean, advocated for a feasibility study to fix Monterey’s storm drains. Ronald Lomanto read materials about carbon dioxide aloud and said he had the impression that the City had adopted a resolution relating to carbon-free zones. Mayor Roberson clarified that the City has not done so. Mike Pekin said that when the City declared a shelter crisis, it allowed for funding to be controlled by homeless service providers without City oversight, and said time is running out for the City to have a say in the operation of emergency homeless shelters within City limits. An unidentified woman, referring to having been attacked at the Fairgrounds on Thanksgiving Day, cited concerns about security and lighting in the handicapped areas, and questioned police policy and responses that she said offended her. She asked that the Police Chief implement officer education regarding compassionate responses to rape and trauma victims. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that Sharon Dwight asked for an amendment to the November 20, 2018 minutes to reflect that the appellant in the 300 Cannery Row / 258/270 Foam Street appeal was the New Monterey Neighborhood Association, and said that the minutes would be approved with appropriate amendments. He said that the Council would continue Item 10; amend the draft ordinance in Item 11 to strike the word “biodegradable” and define “compostable” as presented in an amended draft at the dais, and return the ordinance for a new second reading; and was pulling Item 15 from the Consent Agenda. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, except Item 15: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 8. November 20, 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 as amended Award of Contracts 9. Award Contracts for On-Call Landscape Maintenance in an Amount Not to Exceed $200,000 Each to Fermin Fuentes, an Individual and Sole Owner doing business as Del Monte Gardeners, and to Abel Silva, an Individual and Sole Owner doing business as West Coast Landscaping (Exempt from CEQA per Article 19, Section 15301, Class 1) (Plans & Public Works - 704-05) Action: Adopted Resolutions No. 18-213 and 18-214 C.S. 4  City Council Minutes Tuesday, December 4, 2018 Ordinances 10. 1st Reading to Amend Monterey City Code Section 23-8 to Permit Dogs On-Leash in City Parks with Exceptions and to Add Section 23-8.5 Excluding Other Animals in Recreation Areas (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Continued 11. 2nd Reading - Amend Chapter 14 of the Monterey City Code (Garbage and Refuse) to Prohibit Use of Plastic Beverage Straws and Amend the Definition of Disposable Food Service Ware to Include Straws, Utensils, Stirrers and Cup Lids Thereby Requiring These Products to be Biodegradable, Compostable or Recyclable, and Amend the Code to Clarify Multifamily Dwellings Are Not Required to Provide Organic Waste Recycling Services Consistent with State Law (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 and Categorically Exempt under CEQA Guidelines section 15308 (Class 8)) (Plans & Public Works - 802-12) Action: Passed to print, as amended Resolutions 12. Award Contract for Police Transcription Services to SpeakWrite, LLC and Authorize the City Manager, or His Appointee, to Enter into an Agreement (Not a project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-215 C.S. 13. Amend Resolution 18-072 to Increase the Contingency from $312,290.85 to $372,290.85 for Granite Construction Company for the Citywide Street Resurfacing (Slurry) Project, Phase 6 as Part of the Measure P Street Repair Program ***Measure P*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-216 C.S. 14. Authorize Mayor to Enter Into Easement Agreement with the Monterey Bay Aquarium for Utilities and Landscaping Along the Recreation Trail and Hoffman Avenue (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 203-02) Action: Adopted Resolution No. 18-217 C.S. 15. Finalize Decision and Adopt Findings Granting Appeal Continued Public Hearing: Appeal of Planning Commission Decision Granting Use Permit Amendment for Mixed Use Project That Spans Two Sites at 300 Cannery Row and 258/270 Foam Street (Appeal Application AP-18-0369) Appellant: Laurie Hambaro; Applicant and Owner: 300 LLC; Zoning: Cannery Row Commercial and Planned Community - Lighthouse; General Plan: Commercial; CEQA: Mitigated Negative Declaration Adopted (Plans & Public Works - 203-02) Action: Pulled from Consent; Continued to the next meeting On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the matter to the next City Council meeting: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, December 4, 2018 ***End of Consent Agenda*** Adjourn to Ocean View Community Services District Meeting - Consent Agenda 16. 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) (City Attorney - 706-09) Action: Not heard Adjourn to City Council Meeting ADJOURNMENT The City Council adjourned at 6:02 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 6