Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 15, 2019 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, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, City Attorney, Interim Assistant City Manager, Acting City Present: Clerk, Parks and Recreation Director, Community Development Director, Public Works Director, Police Chief, Human Resources Director, Finance Director, Principal Engineer, Assistant Director of Information Resources, Interim Recreation and Community Services Manager, Property Manager, Administrative Analyst (Communications) 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. David Ridley asked for fair and just rules for the homeless, places for them to sleep safely in vehicles, and policies that encourage their upward mobility. Lorna Moffat said that homelessness is stressful and asked for restrooms and compassionate help for the homeless. Harold Leffel, 117 Cuesta Vista, asked for a one-step City process for building accessory dwelling units, which he said would be less risky for homeowners and save staff time. Alexander Ian Winters raised concerns about the behavior of the Monterey County Sheriff’s Department in the jail and asked for funding for body cameras. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda except Item 4: 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 1. December 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  City Council Minutes Tuesday, January 15, 2019 Award of Contracts 2. Award a Construction Contract in the Amount of $490,453.00 to Avila Construction Company for the Cannery Row Elevator Enclosure Project (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1) ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 19-001 C.S. Ordinances 3. 1st Reading to Amend Monterey City Code Sections 31-3 and 31-7 to Allow Advertising Banners on the Outfield Fences at Jacks and Sollecito Ballparks and Adding Signs on City Property for City Civic Events and Services and Temporary Signs During Construction to Table 31-1: Exempt Signs (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Passed Draft Ordinance to Print 4. 2nd 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: Pulled from Consent; Adopted Ordinance 3591 C.S. and referred further review of City Code Section 23-8.5 to the Parks and Recreation Commission Interim Recreation and Community Services Manager Leon gave the staff presentation. Mayor Roberson opened the floor for public comments. Lorna Moffat read aloud from an email to Council, stating that the proposed ordinance discriminates against owners of other pets. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith observed that the number of “mutt mitts” needed in the parks will go up. Mayor Roberson said that the City could request further financial assistance from veterinarians. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Ordinance 3591 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, and referred further review of City Code Section 23-8.5 to the Parks and Recreation Commission: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 5. Amend Resolution 18-223 and the Master Fee Schedule [Resolution #15-215] to Revise Fire Department Fees (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) (Fire - 701-13) Action: Adopted Resolution No. 19-002 C.S. 2  City Council Minutes Tuesday, January 15, 2019 6. Amend Resolution 16-028 and Authorize Contract Amendment to Increase Contingency for the Contract with AMS.NET for City Network Infrastructure and Communication Equipment Replacement and Cabling Upgrades, Which Includes New Technology for the Monterey Conference Center (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. 19-003 C.S. 7. Amend Resolution 18-010 Awarding a Construction Contract to Teichert Construction for the English Avenue 200-300 Block Improvement Project Increasing the Construction Contingency Amount from $77,689 to $224,871 ***NIP*** (Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 704-06) Action: Adopted Resolution 19-004 C.S. 8. Amend Resolution 17-212, the Salary Schedule, to Reflect Increase In State Minimum Wage Hourly Rates and to Address Compaction with Weekly Camp Rates, and Authorize Staff to Administratively Update the Salary Schedule to Reflect Future Increases in State Minimum Wage Hourly Rates Effective on January 1, 2020, January 1, 2021, and January 1, 2022, for Part-Time Temporary Seasonal Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 504-01) Action: Adopted Resolution No. 19-005 C.S. 9. Amend Resolution 15-144 Authorizing a Utility Agreement with AT&T for Relocating Underground Utilities as Part of the Construction of the Holman Highway 68/Highway 1 Roundabout Project to Increase the Total Amount from $371,415 to $481,726.74 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 19-006 C.S. ***End of Consent Agenda*** PUBLIC APPEARANCE 10. Update on the Status of Litigation by a Coalition of Public Entities (including the City of Monterey) to Oppose Federal Communications Commission Orders that Severely Limit Local Control of Wireless Facilities (City of San Jose, et al v. USA and FCC (10th Circuit, US Court of Appeals, Case No 18-9568) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-04) Action: Received report City Attorney Davi gave the staff presentation and said she would keep the Council informed as briefs are filed. Mayor Roberson recounted the City’s recent experience with wireless regulations and praised the hard work of the Planning Department and the Wireless Subcommittee. Mayor Roberson opened the floor for public comments. Lorna Moffat recommended that people educate themselves about G5 technology and its effect on health. With no further requests to speak, Mayor Roberson closed public comments. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session, received none, and closed public comments. The Council adjourned to closed session at 4:38 p.m. and reconvened at 7:04 p.m. 3 City Council Minutes Tuesday, January 15, 2019 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Paul Flores shared details about how “in lieu” payments can allow inclusionary housing to be built by developers off-site, and said the option could be a win-win for the City and developers. He suggested the City look into a nexus study on how such fees could be established, and offered his help in raising funds to pay for the study. Kala Fossum, Villa Del Monte Neighborhood Association, said that the neighborhood excitedly supports the revitalization work on North Fremont. Esther Malkin said that in light of the potential sunset of the Fort Ord Reuse Authority (FORA), zoning and cleanup of the City’s Fort Ord property will need to move quickly. With no further requests to speak, Mayor Roberson closed public comments. 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: 95 Fisherman’s Wharf (Wharf 1 Concession 10, The Wharf Theatre) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: DiGirolamo Enterprises, Inc. Under Negotiation: Price and Terms for Purchase of Property and Leasehold Interest (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, the City Council gave confidential direction to their property negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 150 Del Monte Avenue Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Chan Associates, LLC Under Negotiation: Terms and Conditions for Purchase of Property (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 roll call vote of 4-1 (Roberson voting no), the City Council gave confidential direction to their property negotiators cs3. Conference with Legal Counsel – Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code §54956.9(d)(1), (e)(3) and Deciding Whether to Initiate Litigation – Government Code Section 54956.9(d)(4) (Custom House, L.P. (Portola Hotel) - DeAnza Ballroom Lease) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a unanimous roll call vote, the City Council gave confidential direction to their legal counsel, denied the claim, and authorized the initiation of litigation 4  City Council Minutes Tuesday, January 15, 2019 PUBLIC APPEARANCE 11. Adopt a Resolution Pre-Committing Water to 704 Foam Street Project and Provide Direction on 118 and 130 Encina, and 591 East Franklin (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Adopted Resolution No. 19-007 C.S. pre-committing water to the 704 Foam Street project (5-0) and directed staff to bring back a resolution pre-committing water to the 591 East Franklin Street project (3-2, Councilmembers Albert and Williamson voting no) Community Development Director Cole gave the staff presentation regarding three proposals received in the recent Request for Proposals (RFP) for a pre-commitment of the City’s remaining water allocation. She described development waivers that would be required for some of the projects and explained that such waivers can be requested in order to achieve the density bonus. She said that the Downtown Specific Plan currently doesn’t allow automotive repair and residential on the same site. She said that the staff struggled with the compatibility of residential with automotive repair and that the issue may be make-or-break for the developer. She recommended that the City Council adopt a resolution pre-committing water to the Foam Street project, and give staff direction regarding the other two projects. Mayor Roberson opened public comments. Jil Johnson, 107 Encina Avenue, said she would support a development with affordable housing at the Encina site but thinks the proposed architecture is boring, the parking is inadequate, and that neighbors should be consulted more in the Planning process. She suggested bike infrastructure be added to the project plans. Timothy Barrett, Neighborhood Housing for Monterey, spoke in favor of the 704 Foam Street and 591 East Franklin proposals and recommended Council look at “affordable by design” concepts that make building units less expensive. Bob Faulis said that meeting the community’s needs is a balance, that Specific Plans are good but Council needs to look at projects on a case-by-case basis, and spoke in favor of the Foam Street and Franklin projects, and saying they would bring many benefits to the community. Ashley Gauer, Monterey Bay Economic Partnership (MBEP) Housing Advocacy Initiative, said that based on MBEP’s initial review, the Encina Avenue project is seen as worthy of water allocation merit due to utilization of the State’s density bonus and proximity to public transportation, services, and another multi-family site, and that MBEP hopes to continue working with Flores Rentals for an official endorsement. Paul Flores, Flores Rentals, spoke in favor of his Encina Avenue project, said there is room for bike racks, and mentioned ideas for on-site bike rentals, gardens, electric charging ports in the garage, and noise mitigation. He said that if the Council isn’t comfortable with the necessary waivers, there is a lot of room for changes in the design concept. On question, he said that each unit in the Encina proposal is 350 sq. feet. Dan Silverie, Silverie Properties, said that his East Franklin Street project would be affordable and attractive, and acknowledged that a Specific Plan amendment would be needed to combine the automotive use with residential. He supported pre-allocating water to the Foam Street project now and his project in the future, and said he has other affordable housing ideas to bring to Council. Kala Fossum, Villa Del Monte Neighborhood Association, said that the neighborhood looks forward to responsible development and endorses affordable housing, but the association board could not endorse the Encina project as proposed due to insufficient parking, too much density, and concern that the waivers could set a precedent. Esther Malkin, Monterey renter, wondered about the age of the General Plan and about upcoming State requirements, and said she cautiously supports the projects but is concerned that renters do not have representation at City Hall and are being relegated to living in small spaces without yards. With no further requests to speak, Mayor Roberson closed public comments. 5 City Council Minutes Tuesday, January 15, 2019 City Manager Uslar clarified the acre-feet limitation and opportunities for the Encina property developer to maximize water credits through contiguous properties and/or efficient fixtures. Councilmember Smith said he supports the Foam Street project due to the upgrade to the corner, affordable housing, reasonable unit sizes, and likely proximity to tenants’ work. Council- member Williamson said he supports it, but would have liked to see greater density. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 19-007 C.S. Pre-Committing Water to the 704 Foam Street Project: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Smith said that he leans towards giving the remaining water pre-allocation to the East Franklin project, saying that the owner wants to accommodate the existing business, it would yield a substantial number of affordable units, and it should be possible to mitigate the mixed use and sound concerns. He said that the project has good design features and is primed to be approved for an amendment to the Downtown Specific Plan. Councilmember Albert said that Council recently denied a project that would have required changing a Plan. City Manager Uslar said that the community helped to develop the details of the Specific Plan and changing it should not be taken lightly. City Attorney Davi said that the RFP specified that projects should adhere to the Specific Plan. Community Development Director Cole asked Council to let staff know whether they would give a “hard no” to considering amending the Plan. Mayor Roberson stated that pre-committing water doesn’t set project details in stone. Community Development Director Cole clarified that there aren’t actual designs yet. Councilmember Haffa said he is comfortable with both projects, and that both represent progress. He cited safety concerns with the East Franklin mixed use combining residential with automotive repair, and said he leaned toward supporting the Encina proposal because it has more total and affordable units and the requested waivers represented small variances. He suggested that the City revisit its rules to make sure they are appropriate in context, and that the Encina project is more palatable because of the State’s density law. Councilmember Williamson wondered if studio sized apartments provide better housing for current residents and workers versus drawing people from out of the area. Councilmember Albert said that in the education field it helps, as in his experience young teachers look for studios. Councilmember Williamson said he wished Council could support both projects, but he leaned toward the Encina project due to higher density and more affordable units. Councilmember Smith advocated for the East Franklin project, citing the economic impact that could come with losing an auto repair shop and stating that the proposal offers only one fewer affordable unit than the Encina proposal, and greater per-square-foot return on the affordable housing investment. He said that the Encina 350 sq. ft. unit size is tiny, and combined with the limited parking, squeezes too much density from the site. He said the East Franklin concept fits its neighborhood and the developer would design the building to make sure it works. 6 City Council Minutes Tuesday, January 15, 2019 Mayor Roberson said he would like to see more opportunities for families in the Encina location. He expressed concern about the 350 sq. ft. size and parking issues that he said would impact the neighborhood. He said that a project should fit into the neighborhood and not impact current residents. He said that because the East Franklin neighborhood is more commercial, many of the density negatives would not make a major impact on the neighborhood. He said he supports the East Franklin proposal but if the Encina project goes forward, it will be important for the developer to have input from neighborhoods. He said that any plan has to be flexible, and it would be easier to change the Downtown Specific Plan than to have a project that doesn’t fit into the neighborhood. Councilmember Haffa asked Mr. Silverie if the two designated “workforce” units in the East Franklin proposal could be designated moderate instead. He asked how the property could be assured to be safe for residents given the auto repair use. Mr. Silverie said that MPUSD Superintendent Diffenbaugh needs teacher housing, and “workforce” is specifically linked to police, fire, and teacher salaries. He said that his workforce housing tenants are certified due to their work, and must recertify each year. He said that he will incorporate special fire-safe doors and ceiling and a fire suppression system, and do the work to identify and mitigate hazards to build a high quality building that will keep his tenants and insurance company happy. City Manager Uslar said that the salary categories named by Mr. Silverie are significantly different income groups, and encouraged Council to work further to define “workforce” housing. Councilmember Albert said that more and more variances will come to Council as a result of State mandates, and suggested that the City look at its ordinances soon. He said he liked both projects and developers, but the proposed density on East Franklin Street is problematic for him because of consistency, referring to Council’s recent 300 Cannery Row decision. He said he leans towards the Encina proposal. City Manager Uslar said that the East Franklin property is included in the Downtown Specific Plan, which principally permits three story buildings, and Community Development Director Cole said that the project design would go through the usual review. Councilmember Albert asked whether residential use at the East Franklin property is principally permitted on main level. Councilmember Smith introduced a motion, which was seconded by Mayor Roberson, to direct staff to come back with a resolution pre-allocating water to the 591 East Franklin Street project. Councilmember Haffa said he will support the motion, because Mr. Silverie’s comments alleviated some concerns, and the ratio of affordable housing is almost 30% of the project. Councilmember Albert spoke in favor of the Encina project, saying the developer can tweak the design to get away from development waivers and develop a project that the neighbors will like, and that the project offers the highest total number of units and Monterey needs the housing. Councilmember Williamson said there will be heartache and risk associated with changing the Specific Plan for the East Franklin project, and he looks forward to hearing feedback from the Planning Commission and Architectural Review Committee. Councilmember Smith said that the door is not closed on developing the Encina property, stating there is an opportunity to build and sell houses in a great neighborhood. He said that the East Franklin location requires apartments and the City will benefit from an improved neighborhood with a brand new building in the heart of downtown. The motion passed with the following vote: 7 City Council Minutes Tuesday, January 15, 2019 AYES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson NOES: 2 COUNCILMEMBERS: Albert, Williamson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Williamson said that items requesting increased contingencies often appear on the Consent Agenda, and suggested analysis that would lead to authorizing the right amount up front. He said that during his campaign, he formed a regional housing coalition with a few other candidates in the area, most of whom have been elected, and that the group continues to work toward developing a regional housing strategy and will hold their own retreat to develop a strategic plan. He suggested that another member of the Council could join the group. Councilmember Smith said that he enjoyed the First Night celebration and parade. He said that he was heading to Sacramento for a meeting of the League of California Cities Public Safety Governance Committee on which he serves with Capitola’s Police Chief. He said that he has again taken on the role of Sanctuary Advisory Council representative from the Association of Monterey Bay Area Governments (AMBAG). He requested to end the meeting in said honor of longtime resident Anita Ferrante, daughter of fisherman Pedro Ferrante. Councilmember Haffa said that he enjoyed First Night, where he volunteered with Kiwanis at the Golden State Theatre. He said that people had concerns about trash after the event, and suggested that civic groups could team up to address that issue with First Night. He suggested that First Night look into providing a bike valet at least during daytime hours. He said that at the recent Council retreat he brought up campaign finance as a priority, and asked Council to have a broad conversation about how to make campaigns better with regard to signs and finance. Councilmember Albert said that he also enjoyed First Night, which he said was well attended, and he thanked Council for approving funding for this signature event. He thanked staff for their work on the sign ordinance at Jacks and Sollecito Ballparks. He said that he attended a Monterey Chamber of Commerce mixer at My Museum which he said is a wonderful place for kids. He supported Council having a discussion about campaign signs and finance. Mayor Roberson agreed that Council should talk about campaign signs and finance. CITY MANAGER REPORTS City Manager Uslar said the deadline for Neighborhood Improvement Program (NIP) project submittal is February 8, a City Council special meeting is planned for January 23, and there is a vacancy on the Planning Commission for which applications are being accepted. He said that the City is working with the County to plan for an upcoming storm. ADJOURNMENT The Council adjourned at 9:01 p.m. in memory of Anita Ferrante. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8