Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 20, 2015 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager Plans and Public Works, Finance Director, Community Services Director, Fire Chief, Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Planners, Housing & Property Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Cannery Row Business Improvement District Presentation (City Manager - ) Action: Received report City Manager McCarthy introduced Michelle Knight, Immediate Past President of the Cannery Row Association, who made the presentation and answered Councilmembers' questions. CONSENT ITEMS Councilmember Haffa requested removal of Item 12 for a report and discussion. Mayor Roberson said that some Councilmembers have asked to discuss Section 5 of the Resolution on Item 13. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 12 and 13, which were removed for a discussion: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. December 16, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award Contract to 4 Leaf Inc. for Plan Review Services on Conference Center Major Renovation (Plans & Public Works - 704-05) Action: Adopted Resolution No. 15-001 C.S.  City Council Minutes Tuesday, January 20, 2015 4. Award a Construction Contract for the Building 833 Floor Covering Replacement Project***PMSA (Plans & Public Works - 807-02) Action: Adopted Resolution No. 15-002 C.S. 5. Amend Resolution No. 14-113 C.S. Presidio of Monterey (POM) Storm Drain Condition Survey Professional Services Agreement with Wallace Group ***PMSA*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-003 C.S. 6. Award Contract for 2014 Cast In Place Pipe (CIPP) Storm Drain Rehabilitation Project ***CIP/NIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-004 C.S. Ordinances 7. 2nd Reading to Amend Chapter 28 of the Monterey City Code to Authorize a Multiple Job Order Contract Process for Public Works Projects (Plans & Public Works - 701-11) Action: Adopted Ordinance No. 3509 8. 1st Reading to Repeal Monterey City Code Section 20-86.3 to Bring Monterey's Parking Enforcement Code Current (City Attorney - 701-11) Action: Passed Ordinance to print Resolutions 9. Appropriate Funds from the 2014-15 Monterey Bay Unified Air Pollution Control District AB 2766 Grant for Electric Vehicle Replacement Incentive Program (Plans & Public Works - 409-05) Action: Adopted Resolution No. 15-005 C.S. 10. Amend Neighborhood Improvement Program Policies and Procedures with Regard to Interest Income (Finance - 701-13) Action: Adopted Resolution No. 15-006 C.S. 11. Authorize Waiver of Fees for the Kau'i Kahumoku Memorial Socko Tournament on Sunday, February 15, 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-007 C.S. 12. Authorize the Appropriation of Funds to the Fire Department and Amend Resolution 14-125 to Add One Fire Captain to the Position Control List of the Fire Department for the Establishment of a Pilot Training Officer Program (Fire - 606-05) Action: Removed from Consent; received report; discussed; adopted Resolution No. 15- 008 C.S. Fire Chief Panholzer presented the staff report and answered Councilmembers' questions regarding the training model, position, compensation, and measures of success. Councilmember Barrett commented that training programs are important. He expressed strong support for the program, while voicing concerns regarding the compensation that the training captain will receive. On question, staff confirmed that this position would be filled by a current City Fire Captain and could be absorbed back into the system should the direction change in the future. Councilmember Barrett supported conducting an evaluation of the program, where success would be based on objective measures of firefighter safety. He suggested using metrics, such as: the effect of the program on the number, frequency, nature, and severity of firefighter injury 2  City Council Minutes Tuesday, January 20, 2015 incidents; the number of workers compensation claims; and the effect of the program on the dollar amount of such claims. Mr. Barrett said that he looks forward to reviewing of the overall City salary schedule and the underlying assumptions on which the salary is based at a future meeting. Councilmember Haffa suggested delaying the matter to explore a partnership with MPC to conduct the training. Chief Panholzer explained that this position is a training manager rather than an instructor. Councilmember Smith said that this person would participate in a more global position, coordinating tactical exercises with staff to develop a higher level of skills among the workforce. Mayor Roberson opened public comment on the item. Nelson Vega said that it is refreshing that fiscal responsibility is a priority. He suggested outsourcing the position and charging other agencies for any specialized training they need. Having no further requests to speak, Mayor Roberson closed public comment. The Mayor noted that the City is being reimbursed for the costs via contracts with other agencies. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No, 15-008, authorizing the appropriation of funds to the Fire Department and amending Resolution 14-125 to add one Fire Captain to the Position Control list of the Fire Department for the establishment of a pilot Training Officer Program: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Adopting Monterey City Charter Governance Guidelines (Information Resources - 701-15) Action: Removed from Consent; discussed; amended and adopted Resolution No. 15- 009 C.S. (3-2; Barrett, Roberson voting no) Mayor Roberson introduced the item, saying that the intent is to make sure everyone understands the chain of command and to clarify any gray areas. He focused on Section 5 of the Resolution, saying that the objective was to protect the process. Councilmember Downey voiced concerns, saying that she sees value in subcommittees because they are more focused and can arrive at conclusions more efficiently, which speeds the process. She said that she has been advised to remain neutral when in a subcommittee member role, and Councilmembers and Commissioners can be objective. She asked to receive input from ARC and the Planning Commission on the matter. Councilmember Barrett said that it is important to observe as many public meetings as possible. He said that he believes it is important that anyone occupying a seat on a committee should be a full participant, and Councilmembers should only be observers. He supported adoption of the entire resolution, including Section 5. Councilmember Smith agreed that a Councilmember should only be an observer in this type of process, but that Commissioners have a different role. He said that an opportunity for Commissioners serving on a subcommittee is a different role because they are not a policy maker. He suggested making Section 5 applicable to Councilmembers, not Commissioners. Councilmember Haffa said that Councilmembers' role is to set the initial policy direction and the 3  City Council Minutes Tuesday, January 20, 2015 role of Commissioners is to interpret policy after it is set. He said that it is staff's job is to develop the policy after receiving direction, and he believes there is a conflict for Commissioners as well as Councilmembers serving on subcommittees. Mayor Roberson opened public comment on the item. Rick Heuer said that he has served on different types of subcommittees: one that involves staff and consultants and one that involves soliciting as much public comment as possible. He said that the second type should not include Councilmembers or Commissioners. He supported the Resolution as written. Luis Osorio, Planning Commission Chair, said that the Planning Commission was surprised by this issue. He suggested referring the item to the Commissions for a recommendation. Nelson Vega said that his concern has been with the staff rather than the Councilmembers or Commissioners, and it is important to hear the truth on both sides. He agreed that Council is the policy maker and needs to direct staff. Lorna Moffett asked for clarification on the change that is being proposed. Mayor Roberson closed public comment on the item. He explained the proposal and said that it puts Commissioners and Councilmembers in an awkward position if they help write a plan. It was moved by Councilmember Downey, and seconded by Councilmember Smith, to amend and adopt Resolution No. 15-09 and continue Section 5, referring it to the applicable Commissions for input. Councilmember Smith said Section 5 is a major shift, and he would like to hear more from Commissions, so he supports the motion. Councilmember Haffa said that he is comfortable with the matter as written, but would continue it if need-be. He said that he does not believe Council should abrogate their responsibility. Councilmember Smith offered a substitute motion to table section 5 of the item to obtain input from staff and the public regarding the work of current subcommittees and to adopt the remainder of the Resolution and Councilmember Haffa seconded the motion. Mr. Barrett said he would not support the motion, and Mayor Roberson said he did not support the motion, but would have no heartburn if it passes. After further discussion, Councilmember Smith clarified that he is requesting further informal input from the public, Commissioners, and the staff. He said that his motion is not intended to be a formal referral to any Commission. The motion carried by the following vote AYES: 3 COUNCILMEMBERS: Downey, Haffa, Smith NOES: 2 COUNCILMEMBERS: Barrett, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Authorize the Acceptance and Appropriation of a Grant from PG&E in the Amount of $20,000 to Hire Professional Services for the Purpose of Establishing a Fisheries Business Improvement District in the Area of Wharf II (Plans & Public Works - 409-05) Action: Adopted Resolution No. 15-010 C.S. 15. Authorize City Manager to Execute a Contract to Continue Providing Fire Protection Services to the Presidio of Monterey (Fire - 704-05) 4  City Council Minutes Tuesday, January 20, 2015 Action: Adopted Resolution No. 15-011 C.S. 16. Amendment to the Joint Exercise of Powers Agreement for the Monterey Regional Waste Management Authority (Plans & Public Works - 802-07) Action: Adopted Resolution No. 15-012 C.S. Other 17. Adopt an ADA Grievance Procedure (Plans & Public Works - 202-18) Action: Adopted 18. Reject Claim - Graves (Finance - 408-04) Action: Rejected claim 19. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2015 ***NIP*** (Plans & Public Works - 701-04) Action: Approved 20. Appointing a Monterey Representative to the Seaside Groundwater Basin Watermaster Board (Information Resources - 701-04) Action: Appointed Downey as representative and Smith as alternate ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comment on items not on the agenda. Claudy Assalit voiced concerns regarding contamination of foods via GMAs. She presented a video called "Seeds of Death." Lorna Moffett asked Council to view the rest of the documentary on YouTube and to agendize a moratorium on GMOs in Monterey County because they cause health problems. She said that the former lawyer for Monsanto is now a Deputy Commissioner for the FDA and makes recommendations to the FDA. Tom Rowley, Monterey resident suggested that if there are more than ten Consent items, the meeting should start at 3:00 p.m. Having no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson called a recess at 5:45 p.m., continuing the remainder of the agenda to the evening session. PLEDGE OF ALLEGIANCE Mayor Roberson called the meeting to order at 7:01 p.m., led the Pledge, and opened public comment on the closed session item. Mr. Orosco said that the intent of the Motor Sports Monterey project is to brand Monterey as the Mecca of motor sports in America and bring people to the City on a year-round basis. He said that the project has local appeal, national appeal and international appeal. He reviewed an analysis of the project and the types of jobs that it could bring to the area. He presented elevations and site plans to the Council. Nelson Vega asked if this resource is being committed prematurely. He asked that this matter be treated fairly and time frames be established for the project to move forward. Mayor Roberson closed public comments on the closed session item. CONTINUED PUBLIC COMMENTS 5  City Council Minutes Tuesday, January 20, 2015 Mayor Roberson reopened public comments on items not on the agenda. April Harrison, Old Town Neighborhood encouraged people to attend their upcoming neighborhood meetings. Richard Ruccello said that the community needs to understand the immense time contribution given to the community by Councilmembers. He reported on a recent CERT drill at Lover's Point. He asked for Council's leadership regarding the school system. He asked Council to look at the impact of an upcoming appeal of a project on Fremont Street and its effect on the San Carlos Cathedral. Dan Turner, Monterey resident, said that last September Monterey Plaza Human Resources sat down and talked to each of their employees regarding testifying on the Marina test well. He reviewed the history of his exchange with their Executive Manager and asked the Council to censure him. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 22. Provide Direction to Staff to Establish an Oversight Committee to Oversee Measure P Revenues and Expenditures (Finance - 701-13) Action: Provided direction to staff by consensus Finance Director Forbis presented the staff report. On question, City Attorney Davi clarified that the text of the entire ordinance was included in the ballot pamphlet. Mayor Roberson opened public comment on the item. Rick Heuer, President of the Monterey Peninsula Taxpayers Association, said that as a member of the public, he was unaware that language was printed in the ballot. Mr. Heuer said that the committee should be broad-based and open. He said that the committee should be involved in the selection of projects to keep the public a part of the process, and the committee should review things as they happen. Richard Ruccello, Taxpayers' Association Board, said that he did not originally intend to get involved, but spent four months campaigning for Measure P, even though he was frustrated with the two-thirds restricted funds requirements. He said he heard that Council needs a cross- section of people to be part of prioritizing and recommending projects. He suggested getting well-respected, in-touch citizens to participate on the committee. Nelson Vega said that he was against Measure P because it was rushed through, and now he finds that this is a five-member committee. He said it should be re-thought, and he hopes objective criteria are used to determine which projects are prioritized. He said many people who don't live in the City have a vested interest. Having no further requests to speak, Mayor Roberson closed public comment. On question, City Attorney Davi said that a list of the streets has already been objectively graded and prioritized. Principal Engineer Wittry clarified that the streets work is being balanced with other work, such as sewer and water main replacement. Mayor Roberson said that projects will come before the Council for approval before it goes forward. He said that nothing precludes individual committee members and other members of the public from weighing in. Ms. Davi clarified that projects below $60,000 would not come before Council. Councilmember Haffa said that he would like to see a five member committee much like the proposal from the Taxpayers Association, and it would be helpful to staff to hear input on criteria and prioritizing. 6  City Council Minutes Tuesday, January 20, 2015 Councilmember Downey said that would be micro-managing, and she has faith that the staff can decide which projects should be done. Councilmember Barrett said that maintenance work outside of Measure P should be overlaid with what is happening under Measure P so the public can see the analysis. He suggested getting input from the neighborhood associations in advance of the decision making process. He supported the recommendation to include a member of the Taxpayers’ Association, a neighborhood association, a business association, the property-owners association, and a trades person. Mr. Barrett proposed developing key milestones and scheduling meetings in accordance with those milestones. He suggested that each Councilmember nominate a person to be in the pool and to also take letters of interest from the community. Councilmember Smith said that the committee should have meaningful purpose and will require more frequent gatherings than annual, probably monthly, coinciding with upcoming projects. He agreed with Councilmember Barrett’s recommendation for the composition of the Committee. Mr. Smith said that the coordination of projects is important so streets could be fixed just once. He supported following a Maddy Act process to appoint committee members. Mayor Roberson summarized and added that the committee will oversee how the money is spent. City Manager McCarthy noted that community outreach is an important part of the process. He said that staff would include an overview of the process in the next presentation. Mayor Roberson invited the Taxpayers’ Association and others to make a recommendation regarding the criteria. He noted that the money will start to come in June. Mayor Roberson called a recess at 8:17 p.m., then reconvened the meeting at 8:35 p.m. WATER UPDATE Mayor Roberson said that he will submit a written update. Councilmember Downey noted that Marina Coast Water District is now planning to build a desal plant. 23. Present Fourth Quarter Financial Report for Fiscal Year 2013/14 (Finance - 406-01) Action: Received report COUNCIL COMMENTS Councilmember Downey said that she would not be at the Laguna Grande event due to a schedule conflict. She offered kudos to the CERT program. She said that she appreciates receiving a staff recommendation on items. Ms. Downey reported that the Museum of Monterey is working on many venues, and recently honored Rock Scully, the original Grateful Dead manager, with a presentation from Sam Farr. She said that they have also scheduled Dixieland and Jazz nights. Councilmember Haffa announced that the Library would be showing a film called Around the Table Chinese Americans on Saturday, January 24 at 2:00. He reported that FORA is hosting workshops on how to design a trail system and urban design guidelines at CSUMB. He said public workshops are designed to shape the regional urban design program. He urged people to check the FORA website for details. Councilmember Barrett reiterated how impressive the recent CERT exercise was. He called for others to participate in upcoming classes in March and April. He said that everyone on the Council has been receiving emails regarding local issues, and the Council is aware and working to turn the wheel of government. He thanked people for their participation. Mr. Barrett reported that there will be a meeting on January 21 regarding the new Presidio of Monterey access 7  City Council Minutes Tuesday, January 20, 2015 procedures. Councilmember Smith thanked the CERT team for giving up their Saturday to participate in the recent exercise. He reported on recent OMBA and TAMC activities, as well as recent AMBAG meetings. He disclosed that he has received information regarding the Orosco and senior housing project and is up to speed. He reported on his and Mr. Barrett's meetings with NIP representatives and said that those conversations are continuing. He thanked NIP volunteers for their time. Mayor Roberson said there will be a CERT presentation to the City Council on February 3. He thanked people for their emails and explained that those requests have been funneled through staff for resolution. He reported on the Monterey Fire Association's Christmas Toy drive at the High School. PUBLIC APPEARANCE 24. Establish North Fremont Street as the Next Priority for the Undergrounding of Overhead Utilities (Plans & Public Works - 801-06) Action: Adopted Resolution No. 15-013 C.S. City Manager McCarthy introduced Principal Engineer Krebs who presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Richard Ruccello said that the North Fremont Streetscape Plan was completed several years ago, which was instrumental in obtaining the grant. He said that this project will take care of many ADA obstacles on the sidewalk. He supported the project. Frank Donangelo, Cannery Row Company, said that if there is any money left over, he encourages Council to take care of the last portion of Cannery Row. Jerry Anderson, North Fremont Business District, read the Business District's mission statement, and supported the staff recommendation. Nelson Vega agreed with the previous speakers, saying that it would be good for economic and business development. With no further requests to speak, Mayor Roberson returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-013 C.S. establishing North Fremont Street as the next priority for the undergrounding of overhead utilities : AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 25. Reconsideration of the City Council's November 18, 2014 Decision: Approving Additional Water for 449 Calle Principal and Extending the Water Pre-Commitment for 24 months (Resolution No. 14-208); Extending Water Pre-Commitment for 520-522 Fremont for 24 months (Resolution No. 14-209); Declining to Extend the Water Allocation for 2201 North Fremont; and Directing Staff to Release a Request for Proposals for the Remaining Water Allocation (Continued from December 16, 2014 Council Meeting) (Plans & Public Works - 203-07) Action: Adopted Resolutions No. 15-014 C.S., No. 15-015 C.S., and No. 15-016 C.S. Principal Planner Cole presented the staff report and answered Councilmembers' questions. Ms. Cole recommended the following allocations (in acre-feet): 542 Lighthouse: 0.0923; 449 8  City Council Minutes Tuesday, January 20, 2015 Calle Principal 1.183; 520/522 Fremont 0.597; and 2201 North Fremont 0.86026. Mayor Roberson opened the item for public comments. Nelson Vega thanked the Mayor and Council for reconsidering this item. He said that after meeting with the other applicants, it was apparent that his project was one which could most easily sacrifice a portion of the water without sacrificing the project. He supported the staff recommendation. Anthony Davi, owner of 449 Calle Principal supported the staff recommendation. Mr. Cosentino, 520-522 Fremont property owner, thanked the Council. Ron Brown, representing Hedy Movahedi who owns the gas station across from 2201 North Fremont, asked Council to re-issue an RFP. He said that the owner is interested in redeveloping his property. He distributed an analysis of the proposed redevelopment. Having no further requests to speak, Mayor Roberson closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolutions No. 15-014 C.S., No. 15-015 C.S., and No. 15-016 C.S. , approving additional water for 449 Calle Principal and extending the water pre-commitment for 24 months (amends Resolution No. 14-208); extending water pre- commitment for 520-522 Fremont for 24 months (amends Resolution No. 14-209); reducing and conditionally extending the water allocation for 2201 North Fremont to January 20, 2017 (amends Resolution 14-088): AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson adjourned the meeting to the Ocean View Plaza Community Services District meeting. 21. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-09) Action: Received report City Attorney Davi said that there is nothing to report at this time. She said that staff would come back this spring with a study session report on this topic. Chair Roberson adjourned the meeting to the City Council. CITY MANAGER REPORTS City Manager McCarthy reported that construction of the restroom at the Transit Center is under way. He said that the Laguna Grande ribbon cutting would take place on Friday afternoon, and reported that Whalefest is scheduled for this weekend. Mr. McCarthy said that a community meeting regarding the Conference Center upgrade design would be held on Jan 28 at the Conference Center. Councilmember Downey said that she is disappointed that the project is being slowed down for this meeting. Councilmember Smith asked staff to place additional information regarding the upgrade on the website and said that he wanted to avoid further delays. Mr. McCarthy said that there will be no Study Session in January. ADJOURNMENT Mayor Roberson adjourned the meeting to closed session at 9:42 p.m. 9 City Council Minutes Tuesday, January 20, 2015 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: Council gave confidential direction to their negotiators in a conference with real property negotiators for property: 031-191-003-000, 031-191-006-000, 031-191-015-000, 031-191-016- 000, 031-191-018-000, and 031-191-019-000 (125 Acres of former Fort Ord properties) real property negotiators: Hans Uslar, Dino Pick, Chip Rerig, David Zehnder, Adam Lindgrin, and Elizabeth Caraker; negotiating parties: Orosco Development No. 20; under negotiation: price and terms of payment for sale of property. The vote was 3-2 with Haffa and Smith voting no. Council did not hear a report on existing litigation in a conference with legal counsel due to the lateness of the hour. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10