Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 4, 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 (participated by teleconference from 7:03 p.m. to 10:25 p.m.), Williamson, Roberson Absent: None City Staff City Manager, City Attorney, Community Development Director, Public Present: Works Director, Police Chief, Finance Director, Acting City Clerk, Interim Recreation and Community Services Manager, Parks Operations Manager, Property Manager, Employee Relations Manager, Sustainability Coordinator, Parking Superintendent CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. and stated that Councilmember Smith was absent for the afternoon session and would teleconference to participate in the evening portion of the meeting. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Recognized award recipients Mayor Roberson presented proclamations to Staff Sergeant Curtis Raney, who made brief comments, and on behalf of Seaman Alyson Precie. 2. Recognition of Pride Month (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamation Mayor Roberson presented the proclamation recognizing LGBT Pride Month. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Timothy Barrett spoke about Good Neighbor Day 2019, an Elder Justice Summit, and industrial research zoning. Nina Beety spoke about the FCC’s definition of over-the-air reception devices, and about the proposed policy changes for Item 14. Jim Cox, Cheryl Cox, Debbie Young, and Dean Young spoke about the lease proposal for the Beach House on the closed session agenda. Anthony Buich, Bull and Bear Tap House, spoke about sound ordinance concerns. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda. Nina Beety asked to pull Item 10 and Councilmember Williamson asked to pull Item 7. The Mayor closed public comments.  City Council Minutes Tuesday, June 4, 2019 On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council approved the Consent Agenda, except Items 7 and 10: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Award of Contracts 3. Award a Construction Contract in an Amount of $924,084 to The Don Chapin Co., Inc. for the Presidio of Monterey Storm Drain Repair 2018 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) (Public Works - 704-06) Action: Adopted Resolution No. 19-082 C.S. (4-0-1, Smith absent) Resolutions 4. Award Contracts for On-Call Greenbelt Maintenance for City Projects in an Amount Not to Exceed $1,000,000 Each to Tope’s Tree Service, Inc., and to West Coast Arborists, Inc. (Exempt from CEQA Requirements per Article 19, Section 15304, Class 4) (Public Works - 704- 05) Action: Adopted Resolution Nos. 19-083 and 19-084 C.S. (4-0-1, Smith absent) 5. Award Contract for On-Call Greenbelt Maintenance for Presidio of Monterey Municipal Services Agency Projects in an Amount Not to Exceed $1,000,000 to West Coast Arborists, Inc. ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(2)) (Public Works - 704-05) Action: Adopted Resolution No. 19-085 C.S. (4-0-1, Smith absent) 6. Authorize an Agreement with the City of San Jose for the Reimbursement of Internet Crimes Against Children (ICAC) Federal Grant-Related Training Expenses (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 19-086 C.S. (4-0-1, Smith absent) 7. Confirming Imposition of Debt and Approving the Filing of a Special Assessment Against Real Property at 416 Drake Avenue (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 802-02) Action: Pulled from Consent; Adopted Resolution No. 19-087 C.S. (4-0-1, Smith absent) City Manager Uslar gave the staff presentation. On question, City Attorney Davi explained why City staff did not recommend a property lien. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council adopted Resolution No. 19-087 C.S. Confirming Imposition of Debt and Approving the Filing of a Special Assessment Against Real Property at 416 Drake Avenue: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, June 4, 2019 8. Amend Resolution 17-154 Awarding a Professional Services Agreement for Program Management and Construction Management Services with Ausonio Incorporated, Extending the Term of the Agreement to June 30, 2020, and Increasing the Not-To-Exceed Fee from $490,533 To $540,533. (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 704-05) Action: Adopted Resolution No. 19-088 C.S. (4-0-1, Smith absent) 9. Amend Resolution 18-218 Awarding a Construction Contract to Precision Grade, Inc. for the Montecito Park Walkway and Phase 3 Site Improvements Project, to Increase the Construction Contingency Amount from $33,077.90 to $50,000. ***NIP/CDBG*** (Exempt from CEQA Article 19, Section 15302, Class 2) (Public Works - 701-13) Action: Adopted Resolution No. 19-089 C.S. (4-0-1, Smith absent) 10. Approve Contract with ParkMobile, LLC to Provide Mobile Parking Payment Solution (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 704-05) Action: Pulled from Consent; Adopted Resolution No. 19-090 C.S. (4-0-1, Smith absent), amended to reflect that contract approval is contingent upon staff’s confirmation that the payment solution does not include an information gathering component; Directed staff to bring the item back to Council if the payment solution does include an information gathering component Parking Superintendent Steffy gave the staff presentation and answered Councilmembers’ questions. Mayor Roberson opened public comments. Nina Beety shared concerns about the mobile parking system. Benji Shake said he is proud of Monterey and the people who operate it. With no further requests to speak, Mayor Roberson closed public comments. Councilmembers spoke in favor of the convenience of the product but questioned possible information gathering. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution No. 19-090 C.S. to Approve Contract with ParkMobile, LLC to Provide Mobile Parking Payment Solution, contingent upon it not including information gathering component, and directed staff to bring the matter back to Council if it turns out that the payment solution does include an information gathering component: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Adopt a Resolution Authorizing the Replacement of a One Hundred Foot (100’) by Twenty-Four Foot (24’) Boat with a One Hundred One Foot (101’) by Twenty-Eight Foot (28’) Boat for Concession #16, Municipal Wharf I, and Lease Amendment for Increased Water Space (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Adopted Resolution No. 19-091 C.S. (4-0-1, Smith absent) 3  City Council Minutes Tuesday, June 4, 2019 Other 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 285 Figueroa Street; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: David Pollacci (Central Coast Events, LLC); Under Negotiation: Terms and Conditions for Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Appointed Kimberly Cole and Janna Aldrete as agency negotiators (4-0-1, Smith absent) 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Wharf II North Pump House; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Fish Company, Inc.; Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Appointed Kimberly Cole and Janna Aldrete as agency negotiators (4-0-1, Smith absent) ***End of Consent Agenda*** PUBLIC APPEARANCE 14. Amending the Council’s Policy Governing Appointment of Members to City Boards, Commissions and Committees and Updating the list of “Appointments to Outside Agencies” According to the Amended Policy; Appointing a Monterey City Council Representative to the Fairgrounds Subcommittee; and Appointing a Council Member as First Alternate on the Transportation Agency for Monterey County Board of Directors (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Adopted amended Policy; Appointed Mayor Roberson as Fairgrounds Subcommittee Representative; Appointed Councilmember Albert to serve as First Alternate on the TAMC Board; Updated Appointments to Outside Agencies list accordingly (4-0-1, Smith absent) Mayor Roberson introduced the item. Councilmember Albert expressed his interest in serving as First Alternate to the TAMC Board. Mayor Roberson opened public comments. Jean Rasch, Monterey Vista neighborhood, suggested that Council increase representation on the Boards and Commissions Subcommittee. With no further requests to speak, Mayor Roberson closed public comments. Councilmembers spoke about the importance of finding balance regarding the work that goes into making recommendations for appointments to the City’s boards and commissions. City Attorney Davi answered Councilmembers’ questions about Council’s ability to speak with applicants outside of the application process. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council Amended the Council’s Policy Governing Appointment of Members to City Boards, Commissions and Committees; Appointed Mayor Roberson as Representative to the Monterey City Council Representative to the Fairgrounds Subcommittee; Appointed Councilmember Albert as First Alternate on the Transportation Agency for Monterey 4 City Council Minutes Tuesday, June 4, 2019 County Board of Directors; and Updated the List of “Appointments to Outside Agencies” Accordingly: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***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 4:58 p.m. The Council reconvened at 7:03 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. Mayor Roberson announced that Councilmember Smith would participate by speakerphone from his location in Douglas, GA. Acting City Clerk Klein called the roll with all members present including Councilmember Smith present by telephone. Mayor Roberson asked a series of questions and confirmed that the phone connection was audible for all, that the agenda was posted 72 hours prior to the meeting at Councilmember Smith's location in Georgia, that his location was accessible to the public, that there was no one present at his location who wished to give public comment, and that the person representing himself to be Councilmember Smith was truly himself. Mayor Roberson stated that pursuant to the Brown Act, any votes taken during the teleconference portion of the meeting would be taken by roll call. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Lorna Moffat spoke about planting milkweed for monarch butterflies. Luis Osorio spoke about the need for affordable housing, and the project proposed for the old Eddie’s site. Bob Oliver spoke about distrust for the government. Christian Crump spoke about the need for affordable housing. With no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced the following: cs3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA) Monterey Executive Management Employees' Association (MEMEA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-01) Action: The City Council received a report and took no action 5  City Council Minutes Tuesday, June 4, 2019 Acting City Clerk Klein announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 285 Figueroa Street Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: David Pollacci (Central Coast Events, LLC.) Under Negotiation: Terms and Conditions for Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a roll call vote of 4-0-1 (Councilmember Smith absent), the City Council gave confidential direction to its negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II North Pump House Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Anthony Lombardo for Monterey Fish Company, Inc. Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a roll call vote of 4-0-1 (Councilmember Smith absent), the City Council gave confidential direction to its negotiators cs4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Del Mar Seafoods (Joe Cappuccio and Joe Roggio) Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a roll call vote of 4-0-1 (Councilmember Smith absent), the City Council gave confidential direction to its negotiators PUBLIC HEARING 15. Grant Appeal and Approve Application AP-19-0186 to: (1) Adopt a Mitigated Negative Declaration; (2) Adopt an Ordinance Creating Overlay District for Certain Properties Located on the South Side of Garden Road (Zone Amendment Application TM-17-0462) that Would Allow Multifamily Residential Uses; and (3) Adopt a General Plan Land Use Element Amendment to Allow Multifamily Residential Uses in the Industrial Land Use Designation, and to Include Garden Road as an Area Appropriate for Workforce Housing; Applicant Brad Slama; I-R-130- RA-ES Zoning District; Industrial General Plan Land Use Designation (Public Works - 701-11) Action: Passed Ordinance to print; Adopted Resolution Nos. 19-092 C.S. and 19-093 C.S. (4-1, Councilmember Smith voting no) Proper notice was given for this appeal hearing. Correspondence was received from Patricia Domingo, Sharon Dwight, and Tom Rowley, recommending an Environmental Impact Report (“EIR”); Ellen Evers, recommending more research; and Michael Weaver, recommending additional environmental review. Senior Associate Planner Roveri gave the staff presentation. She spoke about the appeal, zone amendments, zoning overlays, density, infill development, environmental review, and 6 City Council Minutes Tuesday, June 4, 2019 factors including airport-related noise, safety, and traffic. She spoke about the lack of affordable housing in Monterey, and cited the City’s General Plan and Regional Housing Needs Assessment. She said that the staff recommendation is to grant the appeal and adopt the mitigated negative declaration, adopt the ordinance creating overlay district, and adopt general plan land use element. She and Community Development Director Cole answered Councilmembers’ questions. On question, City Attorney Davi said that no environmental impacts were identified on this proposal that would have triggered an EIR. Jeff Waller, on behalf of Keith Higgins Traffic Engineer, answered Councilmembers’ questions about the traffic impact analysis included as Exhibit A to the draft resolution adopting a mitigated negative declaration. Senior Associate Planner Roveri and Community Development Director Cole answered Councilmembers’ questions about noise-related deed restrictions and other ways to mitigate airport noise, inclusionary housing requirements, proposed use, the sideline airport safety zone, water allocation, and parking space bundling. Councilmembers requested to hear about vacancy rates on Garden Road and the potential loss of jobs. The Council recessed at 8:29 p.m. and reconvened at 8:45 p.m. Michael Groves, EMC Planning Group, on behalf of applicant Brad Slama, gave a presentation about the proposal. He cited the vacancy rate on the Garden Road corridor as greater than City-wide vacancy, and said that if all units were built out, the majority would remain office space. He cited the revitalization and providing economic stimulus that would come to the corridor with residential use. Michael Harrington, Brian Finegan law practice, said that the revised project and mitigation measures would reduce the identified environmental impacts to a level that is less than significant. He addressed traffic and noise and said they were not deemed to necessitate an EIR. He emphasized that the Airport Land Use Commission (ALUC) found that the project was compatible with the Airport Land Use Plan. He affirmed that sufficient analysis of environmental impacts took place and proper procedures, including noticing and public review and circulation, were followed. He explained the standard of sufficient evidence. Mr. Groves provided further information to address noise level concerns and explain the water conversion process. He indicated that the project could increase attendance at Foothill School. He summarized highlights of the project and how it could benefit the City. Mayor Roberson opened the floor for public comments. Daryl Hawkins, JHW Architects; Sal Palma; P. K. Diffenbaugh, Monterey Peninsula Unified School District; Barbara Meister, Monterey Bay Aquarium; Ashley Gauer, Monterey Bay Economic Partnership (MBEP); Kevin Dayton, Monterey Peninsula Chamber of Commerce; Niraj Maharaj, First Capital Bank; Michael DeLapa, LandWatch Monterey County; Elizabeth Lowe, LandWatch Monterey County; and Matt Huerta, MBEP, spoke in support of the application, citing the lack of affordable housing and related social justice issues. Carol Chorbajian, Monterey County Hospitality Association; Steven Graham, Monterey Peninsula Airport District; and an unidentified woman who lives near Garden Road, spoke in opposition to the application. Concerns cited included environmental, traffic, smell, and noise impacts, and related social justice issues. Luis Osorio spoke about the General Plan and its policies and the need to think differently about land use. 7 City Council Minutes Tuesday, June 4, 2019 Brad Slama, project applicant, addressed the question of displacement and said that Garden Road property owners are excited to fill their vacant spaces. With no further requests to speak, Mayor Roberson closed public comments. Michael Harrington provided the applicant’s response to the public comment period. He said that environmental analysis had not been deferred. He said that the Airport Master Plan EIR did an extensive noise analysis, and that acoustic analysis is triggered by a building code standard. He said there is existing water allocation. He stressed the need for substantial evidence and reiterated that there are twelve mitigation measures to reduce the environmental impact. Michael Groves pointed out that residential traffic was part of the traffic study. On question, Senior Associate Planner Roveri said that mixed-use would not be allowed at the same site because it wasn’t proposed by the applicant and because industrial and residential uses may not be a good mix. Community Development Director Cole said that it was a conservative proposal that could yield 400 housing units, and further modifications in the future could allow mixed-use but would need to be looked at in more detail. The Council began their discussion. In general discussion about the proposal, the importance of thinking about long-term, big issues was emphasized. It was urged for participants from the public to provide solutions around the need for housing when expressing concerns about projects. Goals identified included more affordable units in the project and to give priority to local residents who need workforce housing. It was commented that changing the area from commercial to residential could affect airport operations. It was stated that it would have been appreciated for staff to prepare an economic study of what would be lost when commercial is converted to residential, and to work through the mitigation with the Airport Board. It was stated that creating housing is a high priority and sometimes it may be necessary to overlook some issues to obtain housing. It was requested that developers bring projects that people can afford to live in. Comments in favor of the proposal included the statement that jobs would not be lost, and that two other IR zones still remain. Regarding noise concerns, it was stated that the Airport’s concerns were well addressed by the materials and presentations, and it was cited that the ALUC found the proposal consistent. Regarding traffic, the study was cited stating traffic would be better with residential use, and it was considered how to incentivize alternate forms of transportation. Regarding water, it was stated that there is sufficient water for the project. Regarding social justice, it was stated that the greatest housing social justice issue is lack of housing and affordable housing, and further that social justice would be addressed by ensuring that density is not too great. It was stated that the site was identified because of its underuse and potential, and that this project would help to work toward the City’s housing goals. Appreciation was shared regarding the space in the project dedicated to open space, the fact that the project would reduce vacancy in the corridor, the project being infill and not sprawl, and the applicant’s modification of the proposal to mitigate concerns. Concerns about the proposal cited included a lack of enough information and the belief that the decision would set a precedent regarding other zones in the City. Concern was stated about greater impacts to Highway 68 and neighboring agencies and jurisdictions, including traffic. Stating that the proposed change is substantial for a large number of parcels over a large block, preference was given to slowing down and performing an EIR to gather more information. It was suggested that the City could rezone one parcel, consider the effects, and consider further rezoning later. On question, Senior Associate Planner Roveri said that the proposal would meet all air-quality standards but smell was not analyzed. 8 City Council Minutes Tuesday, June 4, 2019 On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, the City Council Granted the Appeal and Approved Application AP-19-0186 to: (1) Adopt a Mitigated Negative Declaration; (2) Adopt an Ordinance Creating Overlay District for Certain Properties Located on the South Side of Garden Road (Zone Amendment Application TM-17-0462) that Would Allow Multifamily Residential Uses; and (3) Adopt a General Plan Land Use Element Amendment to Allow Multifamily Residential Uses in the Industrial Land Use Designation, and to Include Garden Road as an Area Appropriate for Workforce Housing; Applicant Brad Slama; I-R-130-RA-ES Zoning District; Industrial General Plan Land Use Designation: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Mayor Roberson acknowledged former Mayor Dan Albert, in the audience, and praised his performance at the recent la Merienda event. Councilmember Haffa spoke about the recent Monterey-Lankaran Sister City Reception. He announced the upcoming Monterey Bay Community Power (MBCP) board meeting and shared highlights of MBCP’s successes. Councilmember Albert shared that Alvarado Street is fully occupied. Councilmember Williamson said that he attended an Amberjacks game and encouraged all to attend a game, and extolled the la Merienda event. Councilmember Smith thanked the Hampton Inn in Douglas, GA for hosting his teleconference. He thanked veterans and members of the military for their service. CITY MANAGER REPORTS City Manager Uslar reported on upcoming events for the weekend of June 7, 2019: Movie in the Park and Summer Reading Program Kickoff on the Colton Hall lawn, and the Monterey Community Spring Concert at Monterey Peninsula College. ADJOURNMENT The Council adjourned at 10:25 p.m. in memory of former commissioner Doug Chandler. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9