Council Regular Meeting

CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 16, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA ***Afternoon Session Agenda: 4:00 - 5:30 p.m. *** CALL TO ORDER Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson (left at 5:50 p.m.) Absent: City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Finance Director, Human Resources Director, Acting Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Interim Recreation and Community Services Manager, Principal Engineer, Administrative Analyst (Housing), Parks Operations Manager, Conference Center General Manager, Traffic Engineer, Associate Planner, Employee Relations Manager, Parking Superintendent, Assistant Police Chief, Recreation Administrative Analyst, Sports Center Manager, Marina Harbor Assistant Mayor Roberson called the meeting to order at 4:02 p.m. Acting City Clerk Klein called the roll with the full Council present. City Manager Uslar introduced newly appointed City employees Interim Parks and Recreation Director Larson and Assistant City Manager Rojanasathira. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Laura Pratt asked questions about Transient Occupancy Tax (TOT) and General Sales Tax. David Ridley spoke regarding the actions of the police and the needs of the homeless. John Pressley, Surfrider Foundation, shared concerns regarding Carnival cruise ships in Monterey Bay. Carol Mayer shared concerns about inspection logs associated with cruise ship visits to Monterey Bay. Jean Rasch, Monterey Vista neighborhood, shared concerns about dead trees on private property, citing fire hazard. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS, except Items 4 and 8: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes July 16, 2019 Approval of Minutes 1. May 21, 2019 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved 2. June 18, 2019 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved 3. June 26, 2019 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 4. Award a Construction Contract in the Amount of $4,051,456 to The Don Chapin Company, Inc. for the Citywide Road Surface Repair Project, Phase 1 as Part of the Measure S Street Repair Program ***Measure S*** (Exempt from CEQA Article 19, Section 15301, Class 1) and ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resources Code , § 21080) Action: Pulled from Consent; Adopted Resolution No. 19-119 C.S. The Council discussed a "dig once" policy. On question, City Manager Uslar confirmed that Measure S does not include funding for undergrounding utilities. It was suggested that staff could include the "dig once" topic in a study. It was suggested that a future agenda item discuss additional funding sources for undergrounding. On question, Public Works Director Wittry shared the timeline for a specific portion of Mar Vista Drive. Mayor Roberson opened public comments. Jean Rasch and Pat Venza, Monterey Vista Neighborhood Association, cited benefits of a "dig once" policy. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-119 C.S. to Award a Construction Contract in the Amount of $4,051,456 to The Don Chapin Company, Inc. for the Citywide Road Surface Repair Project, Phase 1 as Part of the Measure S Street Repair Program ***Measure S***: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Ordinances 5. 1st Reading - Amending Monterey City Code Section 19-103(a) "Schedule of Fees and Service Charges” to Include Pedicab Permit Application Review (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to print 2  City Council Minutes July 16, 2019 6. 2nd Reading - Rezone 359 Watson Street from R-3-6 to R-3-6-H-2 (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) Action: Adopted Ordinance No. 3595 C.S. Resolutions 7. Amend Resolution 19-116 for the Capital Improvement Program to Include the Del Monte, Casa Verde and Rec Trail Crossing Intersection Improvements Project and Appropriate $923,832 of Highway Safety Improvement Program (HSIP) Grant Funds ***CIP/NIP***(Categorically Excluded from NEPA 23 CFR; Not a Project under CEQA per Pub. Resource Code § 21080) Action: Adopted Resolution No. 19-120 C.S. 8. Adopt a Resolution Approving Special Event Grant Funding in the Amount of $100,000 and Allocate Funding (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Approved a special event grant of $3,000 to Monterey Peninsula Pride (3-1-1, Councilmember Smith voting no, Councilmember Williamson abstaining); Adopted Resolution No. 19-121 C.S. as amended Councilmember Williamson noted that he would abstain from the vote on the Monterey Peninsula Pride parade, and City Attorney Davi provided legal information about his abstention. City Manager Uslar gave a brief presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Michelle Pierce, Meggie Pina, and Steven Goings requested greater funding for Monterey Peninsula Pride. Ellen Martin, First Night Monterey, and Michael Huston, Monterey Vista Neighborhood, spoke in support of funding for First Night Monterey. Frank Sollecito, Old Monterey Foundation, requested greater funding for Picnic in the Park. Rick Johnson, Old Monterey Business Association, thanked the City for its support. The Council discussed the matter. It was suggested that fees for approved events could be reduced significantly or waived, and City Attorney Davi shared legal issues related to fee waivers. It was suggested to take $25,000 from the City's reserves to increase the total funding amount available to give as grants. Citing the importance of fiscal responsibility and keeping the total at $100,000, it was suggested that event organizers may need to find new funding sources and consider charging for events that were previously free. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved a special event grant of $3,000 to Monterey Peninsula Pride, to be budgeted from carry-over from the previous fiscal year's budget: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 1 COUNCILMEMBERS: Williamson RECUSED: 0 COUNCILMEMBERS: (None) It was suggested to look again at the process for the special events grant process, citing fairness and a grant given to Monterey Jazz Festival. It was suggested that priority could be given in future grant cycles to newer organizations, citing established organizations' increased ability to secure funding elsewhere. It was suggested to seek a way to increase the overall special event grant allocation in the long term. 3  City Council Minutes July 16, 2019 On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-121 C.S., as amended, approving the special event grant funding in the total amount of $101,000, and allocating funding: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Authorize Appropriation and Payment of $63,400.70 from the General Fund to Housing and Urban Development (HUD) for the Repayment of a Past Over Expenditure of Community Development Block Grant Funding on Planning, Administration, and Public Services; and, Upon Reimbursement from HUD, Increase Estimated Revenues and Appropriation by $63,400.70 to the Housing Fund (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-122 C.S. 10. Authorize Six Professional Services Agreements for On-Call Planning, Environmental, Code Compliance, and Economic Development Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolutions No. 19-123, 19-124, 19-125, 19-126, 19-127, and 19-128 C.S. 11. Amend Resolution 19-090 to Confirm Receipt of ParkMobile, LLC's Privacy Policy and 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) Action: Adopted Resolution No. 19-129 C.S. Other 12. Make Appointments to the Planning Commission and Architectural Review Committee (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Appointed Mike Brassfield, Mike Dawson, Daniel Fletcher, and Stephen Millich to the Planning Commission, for terms expiring June 30, 2021; Appointed Robert Bluth, Shannon Conner, Edward Hunter, and Patrick Tregenza to the Architectural Review Committee, for terms expiring June 30, 2021 *** End of Consent Agenda *** PUBLIC HEARING 13. Amend Resolution 15-215 Amending the City of Monterey Master Fee Schedule to Update Planning Fees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Continued to the evening session; Adopted Resolution No. 19-130 C.S. (4-0-1, Mayor Roberson absent) Mayor Roberson opened public comments and received none. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the matter to the evening session of the meeting: 4  City Council Minutes July 16, 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) This item was heard second in the evening session, following Item 17. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. Vice Mayor Albert opened public comments. Bob Faulis spoke about the importance of keeping fees low to encourage development. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council adopted Resolution No. 19-130 C.S. to Amend Resolution 15-215 Amending the City of Monterey Master Fee Schedule to Update Planning Fees: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Roberson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Vacate a Portion of the Right of Way on Church Street (Exempt from CEQA Article 19, Section 15305 Class 5) Action: Adopted Resolution No. 19-131 C.S. Mayor Roberson opened public comments. On question from Rick Heuer, Public Works Director Wittry explained the area in question, and confirmed that there would be no changes to parking. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-131 C.S. to Vacate a Portion of the Right of Way on Church Street: 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 15. Approve Proposed Modifications to the Neighborhood and Community Improvement Program’s Voting Procedures (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report; Approved recommended changes to the Neighborhood and Community Improvement Program Committee’s (“NIP”) voting processes and procedures City Attorney Davi gave the staff presentation outlining the staff recommendation that will bring the NIP voting process into compliance with Fair Political Practice Commission (FPPC) 5  City Council Minutes July 16, 2019 regulations and determinations. She and Public Works Director Wittry answered Councilmembers' questions. Mayor Roberson opened public comments. Rick Heuer shared feedback on the proposed changes, speaking in favor of using paddles and stating that the NIP wishes to include a few extra projects in case money is freed up. The City Council briefly discussed the matter. It was suggested to use a scale of zero to five instead of zero to ten. It was suggested to try the new system and see how it goes. A concern was shared that language could be stronger about NIP members commenting on designated conflict-of-interest NIP items. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council Approved the Proposed Modifications to the Neighborhood and Community Improvement Program’s Voting Procedures, with instructions that the NIP Committee use zero-to-ten voting and paddles, and submit to Council for approval the top- scored projects within budget plus four cut-off projects: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Adopt a Memorandum of Understanding with the Monterey Executive Management Employees’ Association (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-132 C.S. (4-0-1, Mayor Roberson absent) This item was heard in the evening following Item 18. Human Resources Director Hauck gave the staff presentation, highlighting the proposed MOU's term, salary increase, deferred compensation increase, and changes to the health plan spending fund (HPSF), vacation accruals, and other benefits. Vice Mayor Albert opened public comment and received none. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, On a motion by Councilmember Ed Smith, seconded by Councilmember Dan Albert, and carried by the following vote, the City Council adopted Resolution No. 19-132 C.S. to Adopt a Memorandum of Understanding with the Monterey Executive Management Employees’ Association: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Roberson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The City Council recessed at 5:50 p.m. in memory of Theresa Canepa. *** Evening Session Agenda: 7:00 - 11:00 p.m. *** The City Council reconvened at 7:00 p.m. with Mayor Roberson absent. 6  City Council Minutes July 16, 2019 PLEDGE OF ALLEGIANCE Councilmember Williamson led the Pledge. CONTINUED PUBLIC COMMENTS Vice Mayor Albert opened public comments on non-agendized matters. Michele Cry, Shawn Laroe, and Stephen Cry, Laguna Grande Court neighborhood, shared safety concerns about Laguna Grande Park. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced that the closed session agenda items would be heard at the end of the evening session. PRESENTATIONS 17. Update on City of Monterey's Sister City in Lankaran, Azerbaijan (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received presentation Councilmember Haffa gave the presentation with Nancy Selfridge. PUBLIC HEARING 18. Public Hearing Regarding Calle Principal Maintenance District Assessment and Alvarado Street Maintenance District Assessment (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Recommended for Continuance to July 31, 2019 Action: Continued public hearing to July 31, 2019 (4-0-1, Mayor Roberson absent) This item was heard after Item 13 in the evening session. Vice Mayor Albert opened public comments and received none. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued to July 31, 2019 the Public Hearing Regarding Calle Principal Maintenance District Assessment and Alvarado Street Maintenance District Assessment: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Roberson ABSTAIN: 1 COUNCILMEMBERS: Smith RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 19. 2nd Reading - Amending Monterey City Code Chapter 36 to Establish Pedicab Regulations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to print (4-0-1, Mayor Roberson absent) 7 City Council Minutes July 16, 2019 Senior Associate Planner Roveri gave the staff presentation explaining additional regulations proposed by staff following the Council's discussion at the Ordinance's first reading. She answered Councilmembers' questions. Vice Mayor Albert opened public comments. Bob Faulis shared thoughts about hawking, clearly posted fees, and pedicab congestion in popular areas. The Council discussed the matter. Safety concerns associated with pedicabs in Monterey were shared, particularly as related to the Lighthouse Curve and the Recreational Trail. Environmental benefits were cited associated with pedicabs' reduction of automobile traffic. It was encouraged that the Council continue its conversation about e-bikes and e-scooters, which it was noted could allow for more control and regulation in terms of safety and could provide further benefits in terms of alternative transportation. It was commented that the City will address any problems that arise with pedicabs and that pedicabs will be fun to ride. It was commented that it could be beneficial to look at how to expand the Recreational Trail. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council passed to print the draft ordinance as prepared by staff, to amend Monterey City Code Chapter 36 to Establish Pedicab Regulations: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Roberson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Williamson asked to agendize Laguna Grande Park safety and homeless issues and a cruise ship policy. He asked for an update on switching to an electronic version of the Council's agenda packet. He invited all to the Monterey Peninsula Pride event on July 20 and addressed violent comments made in response to a Pride announcement on social media. Councilmember Smith honored former Councilmember Theresa Canepa, who recently passed. He praised the recent Sloat Landing reenactment and the Independence Day festivities. He invited all to the Casanova Oak Knoll movie night on August 16. Councilmember Haffa praised the Independence Day festivities. He asked if Council could be involved in the Monterey 250th Anniversary planning. He said he agrees that the City needs a cruise ship policy. He proposed that City Manager Uslar or Mayor Roberson meet with City of Seaside leadership about the Laguna Grande Park concerns. Councilmember Albert echoed the request to work with the City of Seaside about Laguna Grande Park. He stated that he agreed with Cruise ship policy idea. He asked for an update to Council from the Monterey 250 group. He credited Theresa Canepa's leadership. CITY MANAGER REPORTS City Manager Uslar gave an update on recent conversation with Seaside City Manager Malin about Laguna Grande Park concerns, and stated that the two Cities' police departments have discussed the matter and that intra-agency outreach will continue. He invited all to the Library's summer reading party will be July 31 at the Beach House, Public Safety Night on August 3 at 8  City Council Minutes July 16, 2019 Colton Hall, and a press conference on July 23 regarding solar power at Monterey Conference Center. He provided a construction update for the project on North Fremont. Adjourn to Ocean View Community Services District Meeting The Council adjourned to the Ocean View Community Services District meeting. OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 20. 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) Action: Received report City Attorney Davi said that at this time there is no information to report. District Member Albert opened public comments. Bob Faulis provided an update about the legal status and sea level rise mitigation plans at the Ocean View Plaza. Adjourn to City Council Meeting The Ocean View Community Services District adjourned to the Council meeting. *** Adjourn to Closed Session (See additional agenda) *** Vice Mayor Albert opened public comments on the closed session and received none. ADJOURNMENT The Council adjourned to closed session at 8:19 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9