Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 5, 2019 4:00 p.m. - 6:30 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, Human Resources Director, Library Director, Finance Director, Police Lieutenant, Sustainability Coordinator, Principal Engineer, Director of Sales and Events, Special Events Coordinator, Associate Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. State of Monterey Peninsula Unified School District (MPUSD) School Facilities - P. K. Diffenbaugh (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 706-07) Action: Received report Superintendent P.K. Diffenbaugh, MPUSD, introduced new trustee Amanda Whitmire, gave a brief presentation on the District's school facilities, and answered Councilmembers' questions. He asked the public to complete a survey on the MPUSD.net website. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Nina Beety voiced concerns about the MPUSD board of trustees allowing wireless technologies to impact children’s health and pushing children too quickly into academic rigor. Michael Troutman, homeowner in Skyline Forest, shared photographs, cited funding and staffing concerns related to the City forestry department, and asserted that greater resources are needed for forest safety. Mayor Roberson suggested proposing related projects to the Neighborhood Improvement Program, which he noted has funded numerous fuel reduction programs. Esther Malkin, Laguna Grande Park neighborhood resident, echoed Ms. Beety’s concerns, and asked the City to update its housing website to reflect current market rates. Carrie Larson, citing safety and environmental concerns, asked for vigilance and transparency on the costs, risks, and benefits associated with the increase in visits from cruise ships to Monterey Bay. Lorna Moffat said that Monsanto has killed off the monarch butterfly’s food supply, and suggested that the Parks Department plant native wildflowers and milkweed along the recreational trail. Alex Miller, Monterey resident, cited concerns about the impact of cruise ships on Monterey Bay. With no further requests to speak, Mayor Roberson closed public comments.  City Council Minutes Tuesday, February 5, 2019 CONSENT ITEMS On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5 and 6: 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 2. January 15, 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 3. January 23, 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Ordinances 4. 2nd 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: Adopted Ordinance No. 3592 C.S. Resolutions 5. Amend Resolution 15-145 to Update the Special Event Support Program Guidelines (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; Referred back to staff for revision with Eligibility Criterion “M” removed and Council’s criteria suggestions incorporated Special Events Coordinator Page presented the staff report and answered Councilmembers’ questions. Mayor Roberson opened public comments. Ken White and Carl Christensen, Monterey County Pops, thanked the City for supporting the arts and cultural events, and said that they are concerned that their organization may lose needed fiscal assistance. Mary Alice Cerrito Fettis, representing Whalefest, La Merienda, and Language Capital of the World Festival, asked the City to budget enough funds to support events that may seem established but are challenging to produce. Jerry Azevedo, Tuba Christmas, said that Council’s support is important and suggested a sustainable funding source for cultural events. Esther Malkin suggested that the City support such events as the recent Women’s March, which she compared favorably to Car Week. Ken Gordon, Monterey Jazz Festival, asked for the Council’s support of important cultural events. With no further requests to speak, Mayor Roberson closed public comments. 2  City Council Minutes Tuesday, February 5, 2019 The Council expressed gratitude at the wealth of events that benefit the Monterey community, and discussed the staff proposal, citing the need for meaningful criteria with which to review proposals within the constraints of limited resources. They discussed the three year schedule, whether new events should receive priority, and benefits of awarding funds on a merit basis. They questioned whether certain events could operate without City funding. It was expressed by Council that the evaluation criteria should include a preference for events with documented higher participation numbers and outside fundraising efforts, and preference for youth-serving and local-serving events and those that promote arts and culture. It was suggested that the criteria could be sorted into categories. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council referred the matter of updating the Special Event Support Program Guidelines back to staff for revision, with Eligibility Criterion “M” removed and Council’s criteria suggestions incorporated: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. Authorize Professional Services Agreements With Rincon Consultants, Inc., CTC Technology & Energy, and Telecom Law Firm PC, to Provide On-Call Services for a Not to Exceed Amount of $150,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 501-04) Action: Pulled from Consent; Discussed; Rejected proposals without prejudice and directed staff to reissue RFP for another two weeks and bring new contract(s) back to Council by mid-March (3-2, Councilmembers Smith and Williamson voting no) Community Development Director Cole presented the staff report and answered Councilmembers’ questions about the firms that responded to the Request for Proposals (RFP). Mayor Roberson opened public comments. Pat Venza, Monterey Vista Neighborhood Association, asked Council to table the matter and spoke in favor of hiring staff to do the work, citing concerns about public lack of awareness of the RFP and the non-local nature of the firms that responded. Lois Hansen, Monte Vista neighborhood, said that neighbors want a local person who understands the community, and that they do not trust CTC Technology & Energy to prioritize the interests of residents and neighbors. Nina Beety spoke against hiring the firms in question, saying that she has provided substantial evidence to the City Council and Planning Commission about biases and conflicts of interest. Susan Nine, Monterey Vista Neighborhood Association, said that Telecom Law Firm and CTC were used to claim a significant coverage gap that she said does not exist, and said she is opposed to these firms making far-reaching determinations that will affect the City’s neighborhoods. With no further requests to speak, Mayor Roberson closed public comments. Council discussed the feasibility of hiring staff to provide the needed services, and defended staff’s efforts to protect the City. It was mentioned that membership in a trade organization can be a way to stay on top of industry issues, and may not indicate a conflict of interest. Council discussed the possibility of rejecting the proposals without prejudice and issuing a new RFP, related timelines, and potential impacts on staff functionality. Concern was raised that issuing a new RFP could introduce significant risk if new wireless applications were filed in the meantime. 3  City Council Minutes Tuesday, February 5, 2019 Councilmember Smith introduced a motion to accept the staff recommendation. The motion failed by lack of a second. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council rejected the proposals without prejudice, and directed staff to reissue the RFP for two weeks, with the resulting contract(s) to come back in front of Council by mid-March: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson NOES: 2 COUNCILMEMBERS: Smith, Williamson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. Amend Resolution 17-098 Adopting the Budget of the City of Monterey for Fiscal Year 2017- 2019 containing the Position Control List and Amend Resolution 17-150, the Adopted Salary Schedule, Based on the 2018-2019 Reclassification & Salary Adjustment Review (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 502-03) Action: Adopted Resolution No. 19-008 C.S. 8. Authorize an FY18/19 Appropriation of Measure P and S Funds in the Amount of $5,320,111 for Street Reconstruction and Resurfacing Projects (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 807-02) Action: Adopted Resolution No. 19-009 C.S. 9. Approve the Parks and Recreation Commission Recommendation to Authorize the Renaming of the Monterey Youth Center to the El Estero Park Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Parks & Rec - 701-13) Action: Adopted Resolution No. 19-010 C.S. 10. Authorize Professional Services Agreement in the Amount of $212,472 with Kimley-Horn and Associates to Prepare Transportation Adaptation Plan (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 701-13) Action: Adopted Resolution No. 19-011 C.S. ***End of Consent Agenda*** PUBLIC HEARING 11. Approve Zoning Text Amendment Application TM-18-0173; Text Amendment to 1) Amend City Code Section 38-15 (Commercial Use Classifications) to Amend Definition for Funeral and Interment Services and Add Definition of Cemetery Use; 2) Amend Section 38-44 (Open Space District Land Use Regulations) to Allow Cemetery and Funeral and Interment Services as Conditionally Permitted Uses; and, 3) Amend Section 38-115 (Off-Street Parking and Loading Spaces Required) to Add Parking Standards for Cemetery Use; Applicant Clancy D'Angelo on behalf of Owner Roman Catholic Diocese of Monterey; O Zoning District (Exempt from CEQA Requirements per Article 19, Section 15305, Class 5) (Public Works - 701-11) Action: Passed Ordinance to print Mayor Roberson opened the floor for public comments, received none, and closed public comments. 4  City Council Minutes Tuesday, February 5, 2019 On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed to print a draft ordinance to Amend City Code Section 38-15 to Amend Definition for Funeral and Interment Services and Add Definition of Cemetery Use; Amend Section 38-44 to Allow Cemetery and Funeral and Interment Services as Conditionally Permitted Uses; and Amend Section 38-115 to Add Parking Standards for Cemetery Use: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 12. Provide Guidance Concerning 2019 Neighborhood Improvement Program Objectives (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 808-02) Action: Provided direction and guidance regarding priorities for the 2019 Neighborhood Improvement Program (NIP) cycle NIP Spokesperson Heuer and Principal Engineer Krebs asked Council for direction on the categories and/or types of projects that should be priorities for the 2019 program cycle. He referred to NIP’s ongoing support of fuel reduction programs. The Council provided feedback regarding specific projects and categories on which they would like to see NIP focus: recreation (playground upgrades, recreational activities, the Tot Lot in Oak Grove, restrooms to serve residents, Jacks Park field renovation); bicycle accessibility and safety (lanes and paths, safety at intersections); traffic (calming, improved signage for safety, congestion around neighborhoods); trees and forests (tree trimming, forest preservation, vigilance for fire safety, greenbelt renovation and planting); streets (a solution for the temporary bollards at Lighthouse Avenue at Bolio Gate, a sidewalk needed for a segment of Mark Thomas Drive); preserving historic buildings; and other public safety issues (evacuation improvements). 13. Receive Report Regarding Rate Increase Request from Monterey City Disposal Service (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 802-06) Action: Received report Mayor Roberson opened public comments, received none, and closed public comments. City Manager Uslar briefly presented the staff report, which Council received. Council commented that streetside battery recycling would be appreciated by residents. COUNCIL COMMENTS In the interest of time, the Council postponed their comments. CITY MANAGER REPORTS City Manager Uslar said that the Friends of the Library Chocolate and Wine tasting event will be on February 22, 2019. ***Adjourn to Closed Session*** 5 City Council Minutes Tuesday, February 5, 2019 Mayor Roberson opened public comments on the closed session agenda, received none, and closed public comments. The Council adjourned to closed session at 6:40 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein reported the following: cs1. Conference with Legal Counsel A. Existing Litigation Pursuant to Government Code section 54956.9(d)(1): (1) Ausenda et al v. City of Monterey et al. (Monterey County Superior Court Case No. 18CV003803) (2) Farias v. Hariom & Sons, Inc., City of Monterey et al. (Monterey County Superior Court Case No. 18CV003466) (3) Johns v. City of Monterey (Monterey County Superior Court Case No. 17CV003120) (4) Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527) (5) City of Monterey v. Safeway (Monterey County Superior Court Case No. 17CV003313) (6) Stronghold Engineering v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015) (7) Trujillo v. City of Monterey (United States District Court for the Northern District of California 19CV00034 VKD) (8) Turn Down the Lights v. City of Monterey (Court of Appeal of the State of California, Sixth Appellate District, Court Case Nos. H044656 and H045556) (9) In re: Pedro Becerra Marquez (Workers' Compensation Appeals Board and Division of Occupational Safety and Health matters) Action: Tabled (unanimous roll call vote) B. Deciding Whether to Initiate Litigation Pursuant to Government Code section 54956.9(d)(4) (One Case - Leslie Flores - Vicious Dogs) Action: Directed legal counsel to initiate litigation (unanimous roll call vote) C. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(1), (e)(3) - Custom House Hotel, LP Claim (DeAnza Ballroom Lease) Action: Confidential direction to legal counsel (unanimous roll call vote) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) ADJOURNMENT The City Council adjourned at 6:53 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 6