Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 19, 2019 4:00 p.m. - 6:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Haffa, Smith, Williamson, Roberson Absent: Councilmember Albert City Staff City Manager, City Attorney, Interim Assistant City Manager, Acting City Present: Clerk, Parks and Recreation Director, Fire Chief, Assistant Police Chief, Finance Director, Human Resources Director, Housing and Community Development Manager, Traffic Engineer, Administrative Analyst (Housing), Parks Operations Manager, Senior Administrative Analyst (Recreation), Accounting Specialist, Special Events Coordinator, Director of Sales and Events, Harbormaster, Urban Forester, Acting Community Services Director CALL TO ORDER Mayor Roberson called the meeting to order at 4:06 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Debra Buonaguidi, Monterey Civic Club, invited all to the Cascarone Ball on March 23, 2019 at the Monterey Elks Lodge. Christina Winge, Access Monterey Peninsula (AMP), thanked Council for their dedication to transparency and asked them to approve the AMP contract today. Lorna Moffat, citing concern about the declining monarch butterfly population, requested that the City plant its food source, native milkweed, in its parks. David Ridley asked the City to recognize its poorer citizens and make fair rules for homeless people. Timothy Barrett, referring to potential fee increases, asked Council to put in place policies that stimulate local people to go into business locally and promote the establishment of non-retail businesses. Gary Cursio, Monterey County Hospitality Association (MCHA), citing the link between water and housing, stressed that MCHA supports the Monterey Peninsula Water Supply Project which he said is the best option to create a local sustainable water source. Dionne Ybarra, Wahine Project, objected to the volume of cruise ships visiting Monterey Bay without understanding the effect of their emissions on the marine environment, and asked the City to collaborate with local and national partners to investigate the impact. Tyler Fox, Santa Cruz Waves Magazine, said that the cruise ships pose major environmental problems and asked Council to agendize the issue for March 5, 2019. Brent Allen, local businessperson, cited the increasing number of cruise ships visiting the Monterey Bay National Marine Sanctuary and requested an environmental impact assessment on cruise ship visits for the March 5, 2019 agenda. Nikki Brooks, Santa Cruz resident, described a recent paddle-out to oppose the presence of cruise ships in Monterey Bay. City Council Minutes Tuesday, February 19, 2019 Rachel Freeman, Santa Cruz Chapter Surfrider Foundation, echoed cruise ship concerns and referred to a petition. Ian O’Halloran, Santa Cruz small business owner, cited the vibrancy of the Monterey Bay Sanctuary and said that over 7000 people in just under two weeks have signed a change.org petition against cruise ships visiting Monterey Bay. He asked the City to ban cruise ships or set a vetting process to protect the Bay. Tom Rowley, Sanctuary Advisory Council, said that dedicated Coast Guard employees work in coordination with Sanctuary staff to conduct an inspection program that protects the bay from all types of pollution. Emily Garnica, ECHO Housing, expressed gratitude to the City for its continued support of tenant and landlord services. Vanessa, Monterey resident, referring to the climate situation worldwide as disastrous and a top priority, detailed for Council a people’s environmental movement entitled Extinction Rebellion. Eva Boynton, outdoor educator, gave details about criminal misconduct of cruise ships, including the Crystal Harmony incident on Monterey Bay when the person in charge “failed to remember [they] were in the middle of the sanctuary.” Wendy Brickman, Fisherman’s Wharf Association, said that the Sanctuary is cognizant of the impact of cruise ships and is not concerned, and referred to the positive economic vitality the ships bring to the area during the slow season. Nancy Black, marine biologist with Monterey Bay Whalewatch, said that NOAA approves cruise ships and carefully monitors emissions, and described destructive crab and squid fishing methods that she said are harming whales, sea lions, and dolphins outside of the protection provided by the Sanctuary. Scott Sharlon, captain and divemaster, spoke in favor of the cruise ships and their economic impact, saying that the environmental impact is minimal and suggesting increased education on the subject. Dominic Rendon, local farmer, small business owner and employee, said that self- governance has not stopped major environmental catastrophes, and asked Council for insight on why there is a pressing need for cruise ships to visit Monterey Bay. Mary Alice Cerrito Fettis, Fisherman’s Wharf Association and Whalefest, echoed comments in favor of cruise ships, said that cruise ship visits decrease the impacts of tourism on the local area, and suggested that increasing electric boating technology will decrease the environmental impacts of ships on the bay. With no further requests to speak, Mayor Roberson closed public comments and asked people to use suggest@monterey.org to send feedback to the City. CONSENT ITEMS Mayor Roberson opened public comments on the consent agenda, received none, and closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda except Items 12 and 14: AYES: 4 COUNCILMEMBERS: Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, February 19, 2019 Approval of Minutes 1. February 5, 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 (4-0-1, Councilmember Albert absent) Ordinances 2. 2nd Reading - 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: Adopted Ordinance No. 3593 C.S. (4-0-1, Councilmember Albert absent) Resolutions 3. Amend Resolution 15-215 to Revise the Master Fee Schedule to Adjust the Cemetery Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Parks and Recreation - 407-06) Action: Adopt Resolution No. 19-012 C.S. (4-0-1, Councilmember Albert absent) 4. Authorize the City Manager to Execute Agreements with the California Department of Transportation to Accept Grant Funds in the amount of $135,000 for the Purpose of Developing the City of Monterey Complete Streets Policy and Increase Estimated Revenues and Appropriations by $60,000 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 813-08) Action: Adopted Resolution No. 19-013 C.S. as amended (4-0-1, Councilmember Albert absent) 5. Approve Removal of the South Crosswalk on Lighthouse Avenue at Hoffman Avenue (Exempt from CEQA Article 19, Section 15301, Class 1) (Public Works - 803-11) Action: Adopted Resolution No. 19-014 C.S. (4-0-1, Councilmember Albert absent) 6. Re-authorize the Transfer and Appropriation of Museum Trust Funds for PTS Artifact Specialist through June 30, 2020 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 406-04) Action: Adopted Resolution No. 19-015 C.S. (4-0-1, Councilmember Albert absent) 7. Amend Resolution 17-098 Changing the Position Control List to Add One (1) Fire Prevention Plans Examiner/Inspector Position to the Fire Department, Amend Resolution 17-150 Changing the Full-time Salary Schedule to Add the Fire Prevention Plans Examiner/Inspector Salary and Authorize Appropriation of Funds for the Position (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 602-04) Action: Adopted Resolution No. 19-016 C.S. (4-0-1, Councilmember Albert absent) 8. Ratify Emergency Expenses of over $30,000 and Amend Reso 15-112 to Amend the West Coast Arborists Contract by $150,000 for a Total Not to Exceed Limit of $710,250 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Parks & Rec - 704-05) Action: Adopted Resolution No. 19-017 C.S. (4-0-1, Councilmember Albert absent) 3  City Council Minutes Tuesday, February 19, 2019 9. Amend the Position Control List to Temporarily Add Two (2) Firefighter Positions for the Fire Department through December 31, 2019, and Authorize Appropriation of Funds for the Positions ($50,486 in FY19) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 604-01) Action: Adopted Resolution No. 19-018 C.S. as amended (4-0-1, Councilmember Albert absent) 10. Amend Resolution 18-180 Awarding a Construction Contract to Monterey Peninsula Engineering for the Waterfront Parking Lot Improvements Project Increasing the Construction Contingency Amount from $187,671 to $362,671, and Approve Supplemental Appropriation of $75,000 from the Tidelands Trust Fund and $100,000 from the Marina Fund ***CIP*** (Exempt from CEQA Requirements per Article 19, Sections 15302 and 15304, Class 2 and 4 exemptions) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 19-019 C.S. (4-0-1, Councilmember Albert absent) 11. Approve a Contract with Access Monterey Peninsula (AMP) to Provide Government, Education and Public Access Cable Television Services (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 704-05) Action: Adopted Resolution No. 19-020 C.S. (4-0-1, Councilmember Albert absent) 12. Adopt Resolutions: (1) Awarding Professional Services Agreement to Hinderliter, de Llamas and Associates for Sales, Use and Transactions Tax Services; and (2) Authorizing Examination of Sales, Use and Transaction Tax Records (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 407-01) Action: Pulled from Consent; Adopted Resolutions No. 19-021 and 19-022 C.S. (4-0-1, Councilmember Albert absent) Finance Director Lai provided a brief report. Mayor Roberson opened public comments. Timothy Barrett asked Council to look for ways to encourage local economic activity, citing statistics that he said show that local businesses generate more positive impact to communities than outside businesses, and bring increased revenue. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 19-021 C.S. to Award Professional Services Agreement to Hinderliter, de Llamas and Associates for Sales, Use and Transactions Tax Services; and Resolution No. 19-022 C.S. to Authorize Examination of Sales, Use and Transaction Tax Records: AYES: 4 COUNCILMEMBERS: Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. 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) (Community Services - 101-01) Action: Adopted Resolution No. 19-023 C.S. (4-0-1, Councilmember Albert absent) 4  City Council Minutes Tuesday, February 19, 2019 Other 14. Consider Subcommittee Recommendations and Make Appointments to the Architectural Review Committee, Historic Preservation Commission, Parks and Recreation Commission, and 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: Pulled from Consent; Discussed; Appointed Robert Bluth to ARC for a term expiring June 30, 2019; Christopher Barlow, Cathy Collum, Jean O'Brien, and Michael Napoli to HPC for terms expiring December 31, 2020; Dennis McCarthy, Ellen McEwen, Suzanne Menendez-Herbst, and Shelby Gorman to PRC for terms expiring December 31, 2020 (4-0-1, Councilmember Albert absent); and Continued the Planning Commission appointment to March 5, 2019 (3-1-1, Councilmember Smith voting no, Councilmember Albert absent) Councilmember Haffa asked for more information on the Planning Commission recommendation. Mayor Roberson said it is gratifying but also challenging that there are so many residents who want to give back to the City. He outlined the skill set and experience of the current Planning Commissioners and said that Ms. Freeman’s architecture and small business owner experience, and ARC tenure, made her the more desirable candidate. Councilmember Haffa said he understood the rationale, but would prefer Ms. Rasch to be appointed and would vote no on Ms. Freeman’s appointment. He said he’d like to hear Vice Mayor Albert’s thoughts on the recommendation. Council discussed the public interview process and the goal of finding balanced experience and perspective for each commission. It was observed that the timing of board and commission vacancies isn’t always ideal. The question arose why the Council didn’t fill the Planning Commission vacancy earlier, and Mayor Roberson referred to election season, scheduling, and a new Vice Mayor on the Subcommittee due to the results of the election. He offered to be a Subcommittee of one for board and commission appointments, or alternatively for any other Councilmember to step onto the Subcommittee in his place. Mayor Roberson opened public comments. Tom Rowley said he respects the interview process and asked Councilmember Haffa to reconsider his no vote on Ms. Freeman. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Williamson asked that the process for opening a recruitment again after already having received applications in a previous recruitment be written into the appointment policy and process. He asked to have the vice mayor’s role taken into consideration with regard to timing appointments. Councilmember Haffa suggested bringing the appointment policy back to Council for revision when the Planning Commission appointment returns. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, amended by Councilmember Smith, and carried by the following vote, the City Council appointed Robert Bluth to ARC for a term expiring June 30, 2019; Christopher Barlow, Cathy Collum, Jean O'Brien, and Michael Napoli to HPC for terms expiring December 31, 2020; Dennis McCarthy, Ellen McEwen, Suzanne Menendez-Herbst, and Shelby Gorman to PRC for terms expiring December 31, 2020: AYES: 4 COUNCILMEMBERS: Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5  City Council Minutes Tuesday, February 19, 2019 On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council continued the Planning Commission appointment to March 5, 2019: AYES: 3 COUNCILMEMBERS: Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC APPEARANCE 15. Receive Report on Broad Based Asset Inventory - Economic Background Report (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Development - 208-01) Action: Received report Shayam Kemath, California State University Monterey Bay (CSUMB), and Kent Glenzer, Middlebury Institute of International Studies (MIIS) at Monterey, introduced their team, presented the report, and answered Councilmembers’ questions. Mayor Roberson opened public comments. Timothy Barrett shared background information on the broad based asset inventory report and said local Monterey residents need pathways to opening businesses. Mr. Kemath said that there are community events that use local resources and investment to encourage establishing businesses in the area. Tom Rowley, Sanctuary Advisory Council, referred to “Monterey magic” and the importance of protecting the quality of life. Esther Malkin, Monterey Peninsula Renters United, said that students leave the area and often don’t come here in the first place because of housing costs and issues. With no further requests to speak, Mayor Roberson closed public comments. 16. Receive Report and Update on the 2019-20 Community Development Block Grant Annual Action Plan Process (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Development - 201-09) Action: Received report Housing Analyst Leonard presented the staff report. Mayor Roberson opened public comments. Lynn Young, Josephine Kernes Memorial Pool; Barbara Mitchell, Interim Inc.; Susan Alnes, Legal Services for Seniors; Jack Murphy, Veterans Transition Center; and Tamara McKee, Alliance on Aging, thanked Council for the City’s support and described the community outreach the support has enabled their organizations to provide. Ms. Mitchell suggested that social services can be useful when offered through libraries. With no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Haffa said that he has been working with Community Human Services and Gathering for Women on a proposal to operate a shelter. He said that the staff for those agencies hired a realtor to survey Monterey, Sand City, Seaside, and Marina to look for possible locations and that a proposed location was identified at Broadway and Noche Buena. 6 City Council Minutes Tuesday, February 19, 2019 He said that the County will charge only $1 per year, and that the Seaside City Council will vote on the issue on February 21, 2019. He said there are discussions with i-Help for possible provision of transportation. CITY MANAGER REPORTS City Manager reports were not heard due to the hour. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session, received none, and closed public comments. Council adjourned to closed session at 6:33 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: Confidential direction to legal counsel (4-0-1 roll call vote, Councilmember Albert absent) ADJOURNMENT Council adjourned at 6:57 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7