Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 3, 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, Housing & Property Manager, Senior Associate Planner, Principal Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 13) Action: Presented proclamations Mayor Roberson presented proclamations honoring Specialist Samuel Sherman, Sergeant Jesse David (accepted on his behalf by his wife), and Sergeant Miguel Iles. Each recipient made brief comments and thanked the City Council. 2. Receive Presentation on the Language Capital of the World® Cultural Festival (Plans & Public Works - 701-03) Action: Received presentation Deputy City Manager Pick introduced new staff member Jacqueline Jordan, who has worked on this project, and she gave the presentation. CONSENT ITEMS Councilmember Haffa asked to remove Item 14 for discussion. Principal Engineer Wittry answered Councilmembers' questions regarding Item 4. On a motion by Councilmember Haffa, seconded by Councilmember Roberson, and carried by the following vote, except Item 8 on which Councilmember Smith registered a no vote, the City Council approved the Consent Agenda, except Item 14, which was removed for 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  City Council Minutes Tuesday, March 3, 2015 3. February 17, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award Construction Contract for Street Resurfacing-Spring 2015 as Part of the Measure P Street Repair Program (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-028 C.S. 5. Amending Resolutions to Approve Amendments to Professional Service Agreements for On- Call Civil Engineering Services 2014-2016 (Plans & Public Works - 704-05) Action: Adopted Resolution No. 15-029 C.S., Resolution No. 15-030 C.S., and Resolution No. 031 C.S. 6. Award a Contract for Archer Walkway Repairs and ADA Upgrades Project ***CIP/NIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-032 C.S. Ordinances 7. 2nd 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: Adopted Ordinance No. 3512 8. 2nd 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: Adopted Ordinance No. 3513 and Ordinance No. 3514 (4-1; Smith voting no) Resolutions 9. Order Engineer's Report for Fiscal Year 2015-16 for Calle Principal Maintenance District 00-1. (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-033 C.S. 10. Order Engineer's Report for Fiscal Year 2015-16 Alvarado Street Maintenance District 85-1. (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-034 C.S. 11. Appropriate Funds from Storm Water Utility Fund for the City’s Remaining Cost-Share of the Central Coast Areas of Special Biological Significance Regional Monitoring Program (ASBS RMP) and Approve Time Extension Amendment to ASBS RMP Memorandum of Agreement (Plans & Public Works - 806-11) Action: Adopted Resolution No. 15-035 C.S. 12. Consider 39 Wharf #1 - Wharf Permit 14-243 for Preliminary and Final Architectural Review for a 98.8 Square Foot Second-Story Storage Addition on the Bay Side of an Existing Structure; Applicants Chris Shake/Dennis Hodgin; Owner City of Monterey; Exempt from CEQA (Plans & Public Works - 203-02) Action: Adopted Resolution No. 15-036 C.S. 2  City Council Minutes Tuesday, March 3, 2015 13. Authorize the Fire Department to Apply for a "Staffing for Adequate Fire and Emergency Response" (SAFER) Grant (Fire - 409-02) Action: Adopted Resolution No. 15-037 C.S. 14. Award of Contract to Wells Fargo, N.A. for Banking and Merchant Card Processing Services (Finance - 704-05) Action: Removed from Consent; discussed; adopted Resolution No. 15-038 C.S. with direction to staff to review sample responsible banking ordinances and bring an item back for Council consideration at a later date (4-1; Haffa voting no) Finance Director Forbis introduced Carol Bouchard, who made the staff presentation. She explained that the RFP was issued to seek integrated banking/merchant exchange services. Councilmember Haffa read from newspaper articles regarding Wells Fargo, and voiced concerns about possible evasion of income taxes and falsifying of mortgage foreclosures. Mayor Roberson opened the floor for public comment. Dale Barton, Government Relations Business Manager introduced Geri Yang-Johnson, Community Development Officer. She said that she does not have an official response to the news articles because those matters are under investigation and in litigation. She said that there has been wrong doing, and Wells Fargo is trying to address those situations. Ms. Yang-Johnson said they have invested $117 million in neighborhood revitalization and providing down payment assistance. She said that they are doing everything they can to keep people in their homes. Mr. Barton said that Wells Fargo is doing everything they can to promote home ownership, small businesses, and family farms. Councilmember Haffa said that he would be interested to see the percentage of foreclosures in Monterey County since the financial crisis. Ms. Yang-Johnson said that at the height of the crisis, the foreclosure rate was 6-8%, which was much better than other institutions. She reviewed data from recent reports. Sandy Dix-Eason, Wells Fargo representative and Monterey Peninsula resident, said that she cannot speak officially, but that if one looks deeply every financial institution received negative press, but that there are many positive articles. With no further requests to speak, Mayor Roberson closed public comment on the item. On question, Ms. Bouchard said that no responses were from local banks. Mr. Forbis said that single-branch local banks would not have the technology and services to meet the requirements. Councilmember Barrett said that he would like to see an analysis of the various programs that were mentioned to see the results being achieved. He said that one of his goals is to have a responsible banking ordinance passed for local banks. He entered a National Community Reinvestment Report into the record along with a summary and samples of local responsible banking ordinances. Councilmember Smith said that this item provides a mechanism for the City to move its cash accounts, not the investment accounts. He said that the bank is well qualified to provide those services and has been active in the community for many years. He said that this bank is qualified to provide the services securely. Councilmember Downey said that there were a lot of banks that were a problem during the crisis. She said that she can support the staff recommendation, noting that articles sometimes just show one side of an issue. 3  City Council Minutes Tuesday, March 3, 2015 Mayor Roberson said that he has been with Wells Fargo for many years and the people at the branch are local people. He said that he heard from local people that Wells Fargo was loaning money when others weren't. Councilmember Barrett said that there are many articles regarding the banking scandals and the outfalls. It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to table Item 14 until the Council has fully vetted possible responsible banking ordinances. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Barrett, Haffa NOES: 3 COUNCILMEMBERS: Downey, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 15-038 C.S., awarding a contract to Wells Fargo, N.A. for banking and merchant card processing services and directing staff to review responsible banking ordinances and bring an item back to Council at a later date: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Smith, Roberson NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. Amend Resolution 14-125 Changing the Position Control List by Extending One Contract Senior Engineer Position in the Plans and Public Works Department until June 30, 2019 (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-039 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda, no one came forward, and he closed public comments. Mayor Roberson opened public comments on the closed session items, and having no requests to speak, he closed public comments and adjourned the meeting to closed session at 5:11 p.m. Council reconvened at 7:00 p.m., and all Councilmembers were present. PLEDGE OF ALLEGIANCE The Mayor led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with labor negotiators regarding employee organizations: Monterey Fire Fighters' Association (MFFA) and 4 City Council Minutes Tuesday, March 3, 2015 Monterey Fire Chief Officers' Association, the City Council gave confidential direction to their negotiators in two separate roll call votes, the first vote was 4-1, with Councilmember Downey voting no, and the second vote was unanimous. Ms. Gawf said that two conferences with legal counsel regarding existing litigation were not heard due to time restrictions. Those cases were Evans vs. City of Monterey and Bjork vs. City of Monterey, both Workers’ Compensation Appeals Board cases. WATER UPDATE Mayor Roberson said that there would be no water update from the MPRWA this week. He opened public comment on the item. Tom Rowley, Taxpayers' Association, reported on yesterday's Technical Advisory Committee meeting, saying that the test slant well could be operating soon. He said that releasing a draft EIR without certainty of source water would not make sense, and things are happening fast. Having no further requests to speak, Mayor Roberson closed public comments on the Water Update. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment on items not on the agenda. John Hill, Monterey Peninsula Unified School District Board Member, gave an update on his board's activities and some recent studies conducted by the District. He presented Council with an invitation to take part in the process of moving the District forward. Nina Beety said that March 11 is the fourth anniversary of the Fukushima disaster. She voiced concerns regarding starving sea lion pups washing up on California beaches and rising radiation levels in the ocean. Gerry Low-Sabado, Chinese descendant, reported on the recent Celebration of Chinese Culture at the Museum of Monterey, saying that it was a collaboration of many groups that came together to help people understand the Chinese history and culture. She said that "By Light of Lanterns" will be shown on March 14 and Jim Thomas will speak about Chinese Fishermen on March 21. Having no further requests to speak, Mayor Roberson closed public comment. COUNCIL COMMENTS Councilmember Haffa reported on the recent Kiwanis event. He announced that TAMC is sponsoring a program where businesses can apply for free bike racks. Councilmember Downey reported that she attended the Chinese New Year event on Saturday, and it was a delight. She thanked the group that organized it. She reported that MST requested that benches removed from the Transit Plaza be given to senior organizations. She requested that staff prepare a calendar of Councilmembers' routine meetings for reference. Ms. Downey reported that she asked to sit in on a conference regarding a recent Planning staff decision on a friend's application. She said that she was so proud of staff, and she was proud of the Planning Commission for their final decision on the matter. She clarified that if the matter had come before the Council, she would have recused herself. She offered kudos to staff and the Commission for their work. Councilmember Smith reported on the quarterly Sanctuary Advisory Council he attended, saying that they are staying up to date on the slant well permitting process. He reported on a TAMC meeting, saying that they directed staff to bring back a report on a 3/8 cent "self help" sales tax. He said that he recently participated in an OMBA retreat. 5  City Council Minutes Tuesday, March 3, 2015 Mayor Roberson reported on the Monterey Public Library Wine and Chocolate event, and he thanked the Friends of the Library and others who made that event possible. He said he attended the SPARC Academy with several staff members, and he saluted the Monterey High School. He saluted the Monterey Fire Fighters for their support of the Alisa Ann Ruch Burn Foundation Event. Councilmember Smith reported on a KTOM fundraiser he attended for St. Jude's hospital that raised pledges from Monterey residents and MFFA. PUBLIC APPEARANCE 16. Receive an Update on the Status of Measure P Implementation (Plans & Public Works - 701- 01) Action: Received and discussed report City Manager McCarthy introduced the item. Deputy City Manager Plans and Public Works Pick presented a summary of proposed Measure P projects. Principal Engineer Wittry presented details of the proposed program and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Tom Rowley, Fisherman's Flats representative, said that he attended one of the public meetings, and he will assist in getting the word out. He said fixing the streets early will save money in the long run. With no further requests to speak, Mayor Roberson closed public comments on the item. 17. Establish an Oversight Committee to Oversee Measure P Revenues and Expenditures (Finance - 701-07) Action: Adopted Resolution No. 15-026 C.S. City Manager McCarthy introduced Finance Director Forbis, who presented the staff report. Mayor Roberson opened public comment on the item. Rick Heuer, Vice President of the Monterey Peninsula Taxpayers' Association, said that he has served on several oversight committees. He said it is critical to have a broad base of representatives across the community. He said that most oversight committees are a joke in that they can only check to see that money has been spent correctly after the fact. He urged giving the committee other ways to be involved in the projects. Sam Teel Monterey County Hospitality Association, asked Council to consider placing a representative of the hospitality industry on the committee. He urged Council to stick with the definition presented in the ballot measure. Tom Rowley, Monterey resident, said the Measure P Committee did a great job and it might be difficult to find qualified people to stay on the committee for a full four years. Rick Aldinger, Monterey resident and member of the hospitality industry, supported Mr. Teel's comments. Mayor Roberson closed public comment on the item and called a recess at 8:17 p.m. Mayor Roberson reconvened the meeting at 8:28 p.m. Mayor Roberson suggested adding the five categories suggested by the MPTA in their letter. Councilmember Barrett supported the MPTA suggestions and suggested that the committee have more than a post-spend role. He suggested amending the resolution to say, "City staff will produce a project timeline denoting expected dates of key decision points and expenditures under Measure P by which the Oversight Committee may set meeting dates. At a minimum, the Committee shall meat at least once quarterly and provide an annual report to the City Council." 6 City Council Minutes Tuesday, March 3, 2015 Councilmember Smith expressed concerns that the project timeline presentation might restrict progress. Councilmember Downey said that she would not want to keep the process from moving forward. City Manager McCarthy said that the language "expected dates" would give the needed flexibility. Councilmember Downey said that Council should look at people who are comfortable with figures and she would like to add language to that effect. Councilmember Haffa said that he is not sure that could be worded appropriately. City Attorney Davi said that it is important not to change the language of the ballot measure in a way that would change the intent. Councilmember Barrett said that the intent is not to change the ordinance. Councilmember Haffa said that the intent would be to make sure we are going in the right direction. Councilmember Smith suggested adding an item 1-c to the duties in the Resolution, and City Attorney Davi said that the duties that are listed were taken from the legislation adopted by the voters. Councilmember Haffa suggested changing "shall meet quarterly" to "shall meet at least quarterly". On question, Finance Director Forbis said that it is important to keep flexibility. Council discussed the possibility of appointing alternates. On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution 15-026 C.S. to establish an Oversight Committee to Oversee Measure P Revenues and Expenditures, amending the language under item 2 to say the committee "shall meet at least quarterly": AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council directed the subcommittee to use a general guideline in selecting candidates to include representatives from a business organization, Taxpayers Association, hospitality or commercial property owner, a representative active in the northern neighborhood associations, and one active in the southern neighborhood associations: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None By consensus, the City Council decided that the Mayor and Vice Mayor would comprise the subcommittee. Councilmember Downey said that she would like to have a discussion at a future meeting regarding the subcommittee who appoints boards and commissions. There was consensus that staff will produce a project timeline for the committee so they can decide when and often they want to meet. 7 City Council Minutes Tuesday, March 3, 2015 CITY MANAGER REPORTS City Manager McCarthy said that Monterey has been designated as one of the best commuter, most romantic, and happiest coastal cities in recent weeks. He reported that the Portland Loo is now open in the transit center. He said that staff is addressing the Fire Department overtime issue, and he has been meeting with the union, the Chief and other cities. Mayor Roberson opened public comment on the closed session items, had no requests to speak, and closed public comment. He adjourned the meeting to closed session at 9:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel regarding existing litigation, Evans vs. City of Monterey, a workers’ compensation Appeals Board Case, there was a unanimous roll call vote where Council gave confidential direction to their counsel. Ms. Gawf said that in a second conference with legal counsel regarding existing litigation, Bjork vs. City of Monterey, a Workers Compensation Appeals Board case, the City Council gave confidential direction to their legal counsel in a unanimous roll call vote. ADJOURNMENT Having no further business to come before the Council, Mayor Roberson adjourned the meeting at 9:15 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8