Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 17, 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, Housing & Property Manager, Traffic Engineer, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. On request of the Mayor, City Manager McCarthy introduced the new Assistant Police Chief Dave Hober, who made brief remarks. PRESENTATIONS 1. Introduction of Information on a Potential to Establish a Collaborative Veteran’s Liaison Program (Information Resources - 701-01) Action: Received presentation Mayor Roberson introduced Jack Signorella, Veterans Mediation Liaison, who introduced Isalbel Bjork, Director of Mandell Gisnet Center. Ms. Bjork made brief remarks, and Mr. Signorella presented an outline of the Veterans Mediation program at the Veterans Transition Center at Fort Ord. Councilmember Haffa arrived during the presentation at 4:17 p.m. CONSENT ITEMS Mayor Roberson noted that there are requests to remove Items 7, 9, and 11 from the Consent Agenda. Councilmember Smith asked for a correction to the page 6 of the Minutes, changing the word "blocks" to "lots”. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Items 7, 9, and 11, and including a correction to the February 3, 2015 Minutes: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, February 17, 2015 Approval of Minutes 2. February 3, 2015 (Information Resources - 701-09) Action: Amended and approved Award of Contracts 3. Award a Construction Contract and Transfer Funds for the Causeway Shoreline Embankment Erosion Control Project ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-022 C.S. 4. Award City of Monterey & Presidio of Monterey & Defense Manpower Data Center Elevator, Escalator, Wheelchair Lift and Dumbwaiter Maintenance Service Contract (Plans & Public Works - 704-05) Action: Adopted Resolution No. 15-023 C.S. Ordinances 5. 1st Reading - Adopt Monterey City Code Section 85.5 of Chapter 20 to Prohibit or Limit Parking on Posted Streets Between 2:00 a.m. and 6:00 a.m. (Plans & Public Works - 701-11) Action: Passed Ordinance to print 6. 2nd Reading – Amend Monterey City Code Section 26-2 to Provide That Planning Commission Members Whose Terms Have Expired Shall Continue to Serve Until Their Vacancy is Filled by the City Council (City Attorney - 701-11) Action: Adopted Ordinance 3511 7. 1st Reading – Amend Monterey City Code Section 74 Pertaining to Peddling Food from the Public Right-of-Way; Amend Monterey City Code Section 32-3 to be Consistent with Monterey City Code Section 20-74 Providing that Section 32-3 does not Regulate Public Streets. (City Attorney - 701-11) Action: Removed from Consent, discussed, passed Ordinance to print (3-2; Barrett and Smith voting no) Assistant City Attorney Salameh presented the staff report, saying that the definition of "block" had been refined. Councilmember Barrett proposed a change to Section 20-74.3(g)(i) to allow two hours for each event, saying that this would make the ordinance more equitable for all businesses. He said that sixty minutes would be too short of a time period to set up, serve customers, and break down. Mayor Roberson reopened public comment on the item. Mike Zimmerman, Cannery Row Business Association and Cannery Row Company, said that they are most concerned that the pedestrian flow of traffic remain unimpeded. He said that other cities place tougher restrictions on vendors than are included in this ordinance. He suggested changes to the ordinance to ensure the free flow of pedestrian traffic. He noted that fast food establishments are restricted. John Narigi, Past Treasurer of the Cannery Row Business Association and long-time Board Member, said that their concerns are public safety, alleviating congestion, and keeping the free flow of pedestrian traffic. He said that only two restaurants in the area have people 2  City Council Minutes Tuesday, February 17, 2015 congregating outside, and both are on private property. He urged Council to add restrictions. With no further requests to speak, Mayor Roberson closed public comment on the item. On question, Assistant City Attorney Salameh said that the addition of a clause making businesses responsible for the queuing of customers would have to include all businesses. She said that she has concerns of enforceability and the definition. City Attorney Davi said that Monterey's Traffic Engineer could not make findings that this would create a safety issue. It was moved by Councilmember Haffa, and seconded by Mayor Roberson, to approve the staff recommendation to amend Monterey City Code Section 74 pertaining to peddling food from the public right-of-way; amend Monterey City Code Section 32-3 to be consistent with Monterey City Code Section 20-74 Providing that Section 32-3 does not Regulate Public Streets. Councilmember Barrett said that he believes a diverse set of businesses helps the economic landscape. He asked Councilmember Haffa to amend his motion to allow two hours. Mr. Haffa said that staff has spent a lot of time carefully vetting the ordinance. He said he would like to move forward as written, so he declined to amend his motion. Mayor Roberson said that he seconded the motion with that idea in mind, and the ordinance could be changed if there is a problem. Councilmember Barrett said he does not think the sixty minute time frame is fair, and he would not support the motion. Councilmember Smith noted that since the City already has an ordinance that prohibits blocking the entrance of a business, and he believes that language should be included in this ordinance. On question, Ms. Davi said that she does not recommend including that language. Councilmember Downey said that she would support the ordinance. She said that she believes staff has thoroughly researched this issue, and she would like to revisit the matter if it becomes an issue. Councilmember Smith encouraged that it be monitored closely. Councilmember Downey asked the motion maker to add language to direct staff to monitor the issue and bring the matter back to the Council. Councilmember Haffa declined the amendment. Mayor Roberson said that this is not a bad problem to have, because businesses are successful. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haffa, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 8. Authorize City Manager to Sign an Amendment to the Agreement with Bellingham Marine Industries Inc. to Add 10% for Contingencies and Extend the Project Completion Date for the Purchase and Delivery of Dock Replacement Components for the Wharf I Guest Dock (Public Facilities - 904-17) Action: Adopted Resolution No. 15-024 C.S. 3  City Council Minutes Tuesday, February 17, 2015 9. Authorizing Agreement with Monterey–Salinas (MST) Transit District for Transportation Services for the MST Trolley Monterey Shuttle for a Ten-Year Period to Include the Mid-Life Servicing of Trolleys (Public Facilities - 901-01) Action: Removed from Consent; discussed; adopted Resolution No. 15-025 C.S. Councilmember Barrett suggested asking the business districts to assist the City offset the maintenance costs. Councilmember Downey agreed and said that she would like to ask the Aquarium for additional assistance and she would like additional service dates added. Councilmember Haffa said that this service benefits the community and he would not want to lose it. Mayor Roberson supported the idea of public-private partnerships and suggested that the Council representatives to the Business Districts could ask to agendize the matter at their meetings. On question, Community Services Director Bui-Burton said that the operations and maintenance are paid by the parking fund. She estimated the annual cost to be $300,000, saying that it will depend on the price of gasoline and labor rates. She said that the Aquarium has expressed interest in the past of increasing the hours. Parking Superintendent Dalton detailed the costs. Councilmember Smith said it is a successful program and he supported opening discussions with the Aquarium. Mayor Roberson opened public comment on the item. Carl Sedorak, MST, said that there have been various partnerships through the years. He said that the economy is improving, ridership is up, and there might be opportunities for additional partnerships. On question, he said if the revenue is there, he supports increased operation of the vehicles. He said that the contract with the City allows an expansion of service. With no further requests to speak, Mayor Roberson closed public comment on the item. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-025 C.S., authorizing an agreement with Monterey–Salinas (MST) Transit District for transportation services for the MST Trolley Monterey Shuttle for a ten-year period to include the mid-life servicing of trolleys and directing staff to explore cost sharing and service expansion options: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 10. Approve New Representative and Alternate Appointments to the Neighborhood Improvement Program Committee for Calendar Year 2015/16 ***NIP*** (Plans & Public Works - 701-04) Action: Approved 11. Appoint Agency Negotiators for Labor Negotiations with the Management Employees’ Association (MEA), Monterey Executive Management Employees’ Association (MEMEA) General Employees of Monterey (GEM), Regular Part-time (RPT) employees, Assistant Police Chief, Police Lieutenants’ Management Association (PLMA), Monterey Police Association (MPA), Monterey Fire Chief Officers’ Association (MFCOA), Monterey Fire Fighters Association (MFFA), and City Attorney (Human Resources - 507-02) Action: Removed from Consent; discussed; approved (4-1; Downey voting no) 4 City Council Minutes Tuesday, February 17, 2015 City Manager McCarthy gave a brief staff report, recommended approval so negotiations could begin, and if necessary, appointing additional negotiators later. Mayor Roberson opened public comment on the item. Nelson Vega said that this is an inherent conflict of interest, and an outside negotiator is needed. He said this should be an arm’s length transaction, and an outside negotiator can bring a different perspective. He said that in a jury trial, one does not allow the criminal to decide how he is going to be dealt with. Having no further requests to speak, Mayor Roberson closed public comment. Councilmember Downey said that she does not believe that the staff intends to be self-serving, but she believes that ultimately happens. She said that she is uncomfortable with the one outsider included in the recommendation. Mayor Roberson said that he has seen both systems used over the past several years. He said that ultimately, the City Council gives direction to their negotiators and ultimately can say yay or nay. He said that negotiations can be collaborative or confrontational. It was moved by Mayor Roberson, and seconded by Councilmember Smith, to approve the staff recommendation to appoint agency negotiators for Labor Negotiations with the Management Employees’ Association (MEA), Monterey Executive Management Employees’ Association (MEMEA) General Employees of Monterey (GEM), Regular Part-time (RPT) employees, Assistant Police Chief, Police Lieutenants’ Management Association (PLMA), Monterey Police Association (MPA), Monterey Fire Chief Officers’ Association (MFCOA), Monterey Fire Fighters Association (MFFA), and City Attorney. Councilmember Barrett said that he does not think it necessarily means that negotiations become confrontations rather than cooperative if one brings in an outside negotiator. He asked to slow the process down until more information is available, such as a salary survey. Councilmember Haffa asked about the progress on the salary survey, and how and when will the parties sunset their objectives. Mr. McCarthy said that staff is working with two members of the Ballot Measure Advisory Committee to recommend a respondent to the RFP for the survey. He said that staff would bring back negotiating parameters. Councilmember Haffa said that he is more comfortable with the proposed negotiators knowing that the compensation study is moving forward and a subcommittee is working on it. On question, Councilmember Haffa explained that the term “sunsetting” is a process where each side lays out what they are interested in looking at and makes a public statement of their priorities. City Manager McCarthy said that June 30, 2015 is unique because all groups will have contracts coming due. Councilmember Downey said that she learned at a workshop that it is important to hire outside negotiators, and she does not think it practical to come back and add negotiators. Councilmember Smith said that he had been on both sides of the table, and the ones with outside negotiators are usually more contentious, and the outside people often don't know as much as staff, so he does not believe that outsiders are better. He stressed that the matter comes before the Council, and there are multiple standard rules that govern the process. On question, Mr. McCarthy described the process. Mr. Smith said that Council is not giving up anything by using in house staff. Councilmember Downey asked to include her comments in the Minutes. She clarified that Mr. Smith has not been on the Monterey Council's side of the negotiating table. 5  City Council Minutes Tuesday, February 17, 2015 On question, Mr. Smith detailed his experience representing the employee associations at Seaside and Monterey, and representing the City at Desert Hot Springs. Councilmember Haffa said that ultimately it is the Council's responsibility to hold staff accountable to make sure they are negotiating responsibly. He said that if at some it the Council feels that is not working, he would have no problem bringing in an outside person. He said that right now he would like to give the new City Manager a chance. Councilmember Barrett said that not having worked with the teams before he would defer to the City Manager’s recommendation. He said that because Mr. Forbis is on all teams he has to question whether this would over burden him. Mayor Roberson noted that there is good staff to back Mr. Forbis up. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 12. Establish an Oversight Committee to Oversee Measure P Revenues and Expenditures (Finance - 701-07) Action: Continued to March 3, 2015 Council recessed at 5:43 p.m., and Mayor Roberson reconvened the meeting at 7:00 p.m. All Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson announced that no Closed Session was held this afternoon. WATER UPDATE MPRWA Executive Director Cullem presented the report, including an updated schedule and task list for the Monterey Peninsula Water Supply Project post settlement and anticipated schedule. He answered Councilmembers' questions regarding the pipeline construction. Mr. Cullem reviewed the recently drafted proposal to delay the Cease and Desist Order. Mayor Roberson opened public comment on the item. Nelson Vega said that if this project is not successful, there will be a great economic cost. He suggested asking Mr. Cullem for a detailed financial analysis. Having no further requests to speak, Mayor Roberson closed public comment on the item. 6  City Council Minutes Tuesday, February 17, 2015 PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Nelson Vega said that total compensation for City employees has continually gone up over the past five years. With no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Mayor Roberson reminded everyone about the upcoming Wine and Chocolate event at the Library on February 20, saying that tickets are still available. Councilmember Downey asked to add the Water Authority and TAC meetings to the upcoming meetings calendar. She said that the Deputy City Manager and Principal Engineer gave a very clear presentation regarding the upcoming Measure P street repairs. Councilmember Barrett acknowledged the Monterey Homeless Exchange program that the Police Department is undertaking, saying that it is helping lead some people out of homelessness. Councilmember Smith reported on a City Orientation he attended at the Sports Center, Public Works, the Marina and the Harbor, saying that he was very encouraged. He said the Council held a retreat last Monday where they talked about priorities and goals. He said there is a Measure P discussion tomorrow night at Casanova Oak Knoll Neighborhood. PUBLIC HEARING 13. Consider 479 Alvarado Street; Appeal 14-514 of Planning Commission Approved Revisions to Use Permit 11-154 (Live Entertainment); Appellant: Anthony Buich; Property Owners: William & Laura Stahl, Trustees; PC-D Zoning District; Exempt from CEQA Requirements (Continued from February 3rd, 2015) (Plans & Public Works - 203-02) Action: Amended and adopted Resolution No. 15-027 C.S., denying the appeal and upholding the Planning Commission, and directing inclusion of additional data in the three-month review by the Planning Commission Senior Planner Bennett presented the staff report and answered Councilmembers' questions. On question, Officer Hart said that while he has responded to many calls at the Mucky Duck, he said that all of the nightlife in Monterey contributes to calls. Mayor Roberson opened the Hearing to the appellant. Anthony Buich, owner of the Bull and Bear, said that his bar is a good reflection of what is going on in Monterey nightlife. He said that they absolutely do not play gang-related music. He said that he left everything he had in San Diego to come to Monterey and open a restaurant. He said he wants to work with the City and understands the severity of the issue. He stated that he has taken many steps toward addressing problems, including extensive training and hiring new employees and installing new security cameras. Mr. Buich said that he believes he is taking steps to be proactive and address the issues. He said that they are here to work with the City and provide entertainment to guests. He said that they are receiving support from repeat customers who regularly visit the establishment. Mayor Roberson called a recess at 8:32 p.m., then reconvened the meeting at 8:45 p.m. Mayor Roberson opened the Hearing to the general public. Miles Williams, Peninsula resident, said that he was pleased to see the change in the Mucky Duck, and he supported the appeal. Jerry Anderson, Saucito Land Company, said that the volume of the music on the patio has been a longstanding issue. He said that he met with the Buiches and understands their concerns. He asked that any action taken be supportive of the changes, not punitive. Crystal Star, Event Coordinator at My Attic, asked Council to look behind the calls. She said cutting the 7 City Council Minutes Tuesday, February 17, 2015 hours would really hurt the business. Steve Casper, Monterey business owner and DJ, said that the Buiches have made a tremendous amount of effort to turn the business around. Emily Martin, Downtown resident, said that she has never felt unsafe since the current owners took over. She said that the stigma of the old owners has stuck with the restaurant. She said that a trend analysis should include more information than was provided. Matt Armstrong, Monterey homeowner, said that the establishment making a phone call to police increases safety, and he believes they are being unfairly penalized for the number of calls made. Having no further requests to speak, Mayor Roberson closed the public hearing. On question Bill McCrone, Chairman of the Planning Commission, said that it was the consensus of the Planning Commission that this is a good owner. He said that the totality of the data over the six month period studied seemed to indicate a relapse to a previous operation. On request, Mr. Bennet said that the ninety day review will be complete on March 9, but the restricted hours of operation have not yet gone into effect. He explained that ABC suspended their investigation because the operation improved. On further question, he said that no noise violations have been documented. Mayor Roberson reopened the hearing to the appellant to respond to any of the comments. Mr. Buich said he plans to continually address the issues and be proactive. On question, he said that they have a device to check the decibel level. On further question, he said that they are one of the last locations on Alvarado Street that serves the nightlife and people tend to migrate from the other end of the street and come in later. Mayor Roberson closed the Hearing. It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to adopt Resolution No. 15-027 C.S. denying the 479 Alvarado Street Appeal 14-514 and upholding the Planning Commission decision to revise Use Permit 11-154. Councilmember Haffa said that he believes the Police Department has brought forward a public safety issue. Councilmember Smith asked that the three month review by the Planning Commission review include additional data, and the motion maker and seconder agreed to amend their motion to include that provision. Councilmember Smith commended the management team in the steps they've taken since the Planning Commission meeting, but he wishes it would have happened sooner. The motion carried by the following vote: 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 called a recess at 9:25 p.m., then reconvened the meeting at 9:30 p.m. He suggested that tonight’s closed session items be added to the Study Session agenda on February 25th to be taken up on that date. 8  City Council Minutes Tuesday, February 17, 2015 PUBLIC APPEARANCE 14. Receive a Report and Provide Direction on Leasing Policies (Plans & Public Works - 704-10) Action: Tabled Councilmembers agreed that it might be necessary to continue this discussion at a later date in order to cover all of the proposed guidelines. Deputy City Manager Pick introduced the staff report. Administrative Analyst Aldrete presented the top six proposed leasing policies and answered Councilmembers' questions with assistance of Property and Housing Manager Marvin. Mayor Roberson opened public comment on the item. Dave Duvall, Liberty Fish, thanked the staff saying that they are in agreement with many of the proposed guidelines. He said that any new lease should recognize the value of the pilings. He suggested longer terms for new leases, possibly 20 years. Ben Ballesteri, Concession 35, thanked staff for their work on this issue. He said that they continue to make improvements even though they are in a month-to-month lease and they want the City to thrive. Bill McCrone agreed with the City's experts. He said that the public should not incur any costs from the Wharf. He suggested having the City maintain the common area pilings and bill the tenants. He urged Council not to extend ground leases. He opposed allowing a sublease. Gino Pennisi, Wharf II, said that the Wharf II operators pay a tonnage fee to pay for piling cost. He said that they want to reinvest in the building, but have not because of the uncertainty of the month-to month lease. Anthony Lombardo, representing several Wharf tenants, asked Council to direct staff to enter into negotiations with the Grotto. He voiced concerns regarding minimum rent and the twelve month limit, and he urged Council to look at these in the future. He suggested forming an assessment district rather than direct CAM charges. He suggested that the City could provide the shell and the tenant would provide improvements, as well a longer lease terms. Art Seavey, co-owner of the Monterey Abalone Company, described work that they had done building walkways between the pilings. He said that it was their hard work that created the area. He said that he was surprised to hear that the CAM charges would include pilings under the common area. Nelson Vega said that there are many different types of leases for different types of properties. He called for balance, saying that some people will feel that it is unfair. Mary Alice Cerrito Fettis, co-owner of concession 33, said that her parents built this concession in 1957. She said it cost $29,000 to replace one piling, and that needs to be considered with regard to the rents paid. She said that the Wharf tenants are passionate and she asked for a fair rent. Pete Guglielmo said that the amount of investment put into the buildings would require a longer lease term. Sam Ballesteri, concession 35, said that he was sad to hear that staff wanted to squelch the motivation of some tenants. Having no further requests to speak, Mayor Roberson closed the public comment. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled the item, pending further review in the future: 9 City Council Minutes Tuesday, February 17, 2015 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager McCarthy reminded Council that there would be a Study Session next Wednesday to discuss the Budget and other financial matters. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued Item 12 to March 3, 2015 due to the lateness of the hour: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Mayor Roberson adjourned the meeting at 11:18 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10