Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 16, 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, Interim Police Chief, Interim Human Resources Director, Library Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. CONSENT ITEMS Councilmembers requested removal of Items 6 and 7 from the Consent Agenda. A member of the public asked to hear a staff report and comment on Item 4. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda, except Items 4, 6, and 7, which were 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 1. May 27, 2015 (Information Resources - 701-09) Action: Approved 2. June 2, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award Presidio of Monterey & Ord Military Community for Pest Control Treatment On- Call****PMSA**** (Plans & Public Works - 903-02) Action: Adopted Resolution 15-108 C.S. 4. Authorize a Strengths, Weaknesses, Opportunities and Threats (SWOT) Analysis for Monterey’s Military Installations with Public Private Solutions Group Team and Transfer Funds (Plans & Public Works - 405-04) Action: Removed from Consent; discussed; adopted Resolution 15-109 C.S.  City Council Minutes Tuesday, June 16, 2015 Deputy City Manager Pick presented the staff report. Mayor Roberson opened public comment on the item. David Spaur, Monterey County Economic Development Director, said that this report is essential to set the groundwork for the next BRAC. Nina Beety said that the installations are high cost and affect housing costs. She said there is no transparency in the installations, the true costs to public health and safety is unknown, and the work is not a peaceful endeavor. Having no further requests to speak, Mayor Roberson closed public comment. Councilmember Downey said that she highly values the military institutions in Monterey. She disagreed with the last speaker, saying that she supports keeping the installations in the community. It was moved by Councilmember Downey, and seconded by Councilmember Smith, to adopt Resolution No. 15-109 C.S., authorizing a Strengths, Weaknesses, Opportunities and Threats (SWOT) analysis for Monterey’s military installations with Public Private Solutions Group team and a transfer of funds: On question from Councilmember Haffa, Deputy City Manager Pick said that while Monterey is leading the way, other area communities are being contacted to share in this effort. On question from Councilmember Smith, Mr. Pick reviewed some of the community outreach efforts, including the formation of a steering committee. Councilmember Barrett said that he supports the motion because the information will be valuable. He said that he supports diversifying economic development in the City and he thanked Mr. Spaur. Councilmember Downey noted that the Federal government does not have to follow the Brown Act. 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 Ordinances 5. 1st Reading – Amending Monterey City Code Chapter 31.5 Storm Water Management Article 2 Urban Storm Water Quality Management and Discharge Control for Consistency with State Regulations (Plans & Public Works - 806-11) Action: Passed Ordinance to print 6. 2nd Reading to Delete City Code Section 22-31 And Add City Code Sections 22-31 Through 22-31.16 Relating To Massage And Massage Establishments--Continued from June 2, 2015 (City Attorney - 701-11) Action: Removed from Consent; discussed; adopted Ordinance 3517 Councilmember Barrett voiced concerns regarding businesses having to pay a license renewal fee when new massage technicians are added to their staff. Interim Police Chief Hober clarified the costs for licensing, saying that adding a new technician would incur a $10 fee. Mayor Roberson opened public comment on the item John Narigi, Monterey Plaza Hotel and Spa, said that he was glad to hear the clarification of the fees, and he voiced concerns regarding the tracking of the certification. He said that keeping the records could be problematic 2  City Council Minutes Tuesday, June 16, 2015 for the City and suggested keeping a binder at the front counter of the spa. He voiced concerns regarding who could be in the back area of the spa. He supported the ordinance in general. Having no further requests to speak, Mayor Roberson closed public comments on the item. Chief Hober said that tracking certifications is important in regulating the businesses and conducting investigations. He clarified that managers can be in the back area. He said that independent contractors need to be on the business' list of technicians. He said that the requirement of State certification requires a background check. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Ordinance No. 3517 deleting City Code Section 22- 31 and adding City Code Sections 22-31 through 22-31.16 relating to massage and massage establishments: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. 2nd Reading – Amend Article 1 of Chapter 14 of the Monterey City Code related to Solid Waste and Recycling -- Continued from June 2, 2015 Meeting (Plans & Public Works - 802-07) Action: Removed from Consent; discussed; continued to July 7, 2015 (3-2; Smith and Roberson voting no) Mayor Roberson opened public comment on the item. Dale Ellis, Monterey County Hospitality Association asked for a continuance of the Ordinance. On question, he said he is aware that there are State mandates, but does not know if there are other provisions that go beyond the mandates. Having no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson said that the matter has been continued and vetted for one month, so he is not inclined to continue it again. He said that the sooner it is passed; the sooner staff can begin to assist businesses. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to continue the 2nd Reading of the Ordinance for the last time. Councilmember Smith supported continuance. Councilmember Barrett said that it is extraordinary that the City is being asked to continue the item a third time, and there are already demonstration projects. He said that he would support the motion nevertheless. Councilmember Downey amended her motion to specify that the item is being continued to a date certain, July 7, 2015, and the seconder agreed to the amendment. Councilmember Smith asked to amend the motion to continue the item 30 days, and the motion maker did not accept the amendment. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barrett, Downey, Haffa NOES: 2 COUNCILMEMBERS: Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3  City Council Minutes Tuesday, June 16, 2015 Resolutions 8. Authorize the City Manager or Designee to Enter into a Contract to Purchase an Easement for Sewer Purposes over a Portion of the Land at 812 Belden Street and for the Mayor to Sign the Certificate Accepting the Easement (Plans & Public Works - 704-02) Action: Adopted Resolution 15-110 C.S. 9. Authorize the Examination of Sales or Transactions and Use Tax Records (Finance - 403-01) Action: Adopted Resolution 15-111 C.S. 10. Award a Contract for On Call Tree Maintenance Service (Plans & Public Works - 405-04) Action: Adopted Resolution 15-112 C.S. 11. Providing Comments on the Draft Environmental Impact Report for the Cal Am Monterey Peninsula Water Supply Project (Plans & Public Works - 204-09) Action: Adopted Resolution 15-113 C.S. 12. Approve a Partial Fee Waiver for the 71st Annual Portuguese Hall Parade (City Manager - 101- 13) Action: Adopted Resolution 15-114 C.S. 13. Authorize Amendment to Employment Contract with Joanne Narloch for Interim Human Resources Director Services Action: Adopted Resolution 15-115 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Patricia Domingo, New Monterey resident, said that she is a supporter of the Aquarium and area businesses, but she is feeling overwhelmed by the traffic. She voiced concerns regarding the plan for traffic flow during the Holman Highway round-about construction. Sam Rashkin, economic development consultant, said that Crepes of Brittany would love to have a ten-year lease on the Wharf and are willing to pay fair market rent. He said that there is much uncertainty regarding the new leasing policies. Terry Croquet, Partner in Crepes of Brittany, said that they occupy a 50 square foot space and typically have a 30 to 45 minute wait and no place to sit. He said that they would like to stay on the Wharf. Anthony Lombardo, Fisherman's Grotto representative, said that the average per square foot rent on the Wharf is $1.43, and Fisherman's Grotto and others pay considerably more, while some pay less. He rebutted remarks made by a City Planning Commissioner. He reviewed requirements for Tidelands revenues. Mary Alice Cerrito Fettis, Concession 33 leaseholder, reviewed a recent report on the number of pilings her business is responsible for, saying that there are 119. Rick Johnson, Executive Director of OMBA, asked people to mark their calendars for the Fourth of July Parade, saying that OMBA is thrilled to sponsor it for the fourth year. He reviewed the planned activities for the day. Having no further requests to speak, Mayor Roberson closed public comments. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session items, had no requests to speak, and closed public comment. He adjourned the meeting to closed session at 5:15 p.m. 4  City Council Minutes Tuesday, June 16, 2015 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION City Manager McCarthy reported that on two separate unanimous roll call votes, the City Council gave confidential direction to their negotiators in a conference with labor negotiators for the employee organization Monterey Executive Management Employee Association. WATER UPDATE There was no water update, and no one came forward to make public comments on the topic when the floor was opened. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments on items not on the agenda, no one came forward, and he closed public comments. COUNCIL COMMENTS Councilmember Downey said that there has been a suggestion to enact eight year term limits for the City's boards and commissions, but this is a Council decision, not a subcommittee decision. She said that there have been rumors that four Planning Commissioners might not be reappointed. She asked to agendize an item regarding whether to enact term limits and to delay appointments until after that discussion. She asked to agendize an item to clarify the recently enacted leasing policies. Councilmember Barrett said that it is a pleasure to see the Measure P signs, and the projects are going very smoothly. Councilmember Smith offered kudos to staff for the Measure P information on the website. He encouraged that both of Ms. Downey's items be agendized. CITY MANAGER REPORTS City Manager McCarthy reported that over 600 people attended the movie on the Colton Hall Lawn sponsored by the Fire Association. He said that there is a special meeting scheduled for June 24 and a Council Retreat on June 30. He reviewed a list of upcoming Measure P projects. PUBLIC HEARING 14. Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Finance - 407-08) Action: Held Public Hearing; adopted Resolution 15-116 C.S. Mayor Roberson introduced the item. He opened the Public Hearing. There were no requests to speak, and he closed the hearing. On a motion by Councilmember Smith, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution No. 15-116 C.S., continuing to levy assessments on lodging businesses within the Monterey County Tourism Improvement District (MCTID): 5  City Council Minutes Tuesday, June 16, 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 PUBLIC APPEARANCE 15. Adopt the FY 2015/16 Neighborhood Improvement Program (Plans & Public Works - 406-03) Action: Adopted Resolutions No. 15-117 C.S. (5-0), No. 15-118 C.S. (5-0), No. 15-119 C.S. (4-1; Smith abstaining) Mayor Roberson introduced the item and opened it to public comment. No one came forward, and he closed public comments. Principal Engineer Krebs answered questions regarding the proposed purchase of property for a park in the Oak Grove neighborhood. City Attorney Davi clarified the procedures for purchasing parks property. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 15-117 C.S., adopting the FY 2015/16 Neighborhood Improvement Program, and for purposes of a separate vote, held back the projects to purchase Oak Grove and Beldon properties and the Alameda/Pacific Street project: 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 Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City included a project on the list of approved NIP projects for the purchase of Belden Street and Oak Grove properties: 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 Downey, and carried by the following vote, the City Council added a project to the list of approved NIP projects for the Alameda/Pacific Street project: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Smith RECUSED: 0 COUNCILMEMBERS: None 16. Adopt the FY 15-17 Recommended Operating Budget (Finance - 406-02) 6 City Council Minutes Tuesday, June 16, 2015 Action: Adopted Resolution No. 15-120 C.S. Finance Director Forbis presented the staff report and answered Councilmembers' questions. Councilmember Barrett proposed that $100,000 for economic development might not be enough and suggested that Council review how the City handles that topic on a future agenda. He noted the expense of operating the Sports Center compared to other programs such as street maintenance. He asked to look at the overhead and efficiencies at the Sports Center. Mayor Roberson reviewed the history of the Sports Center and explained that it produces over a 90% return in user fees. Assistant City Manager Uslar noted that in addition to the $1.3 million street maintenance budget there is an additional $600,000 gas tax. Mayor Roberson opened public comment on the operating budget. Richard Ruccello, Casanova Oak Knoll Neighborhood Association, said that privatizing the tree maintenance operations a few years ago was a mistake and has caused increased tree loss. He asked Council to reconsider the forestry and water truck decision. Having no further requests to speak, Mayor Roberson closed public comment on the item. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 15-120 C.S. adopting the FY 15-17 recommended Operating Budget: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Police Chief Hober reviewed the proposed Ambassador Security program. On question, OMBA Executive Director Rick Johnson said that the program is working and improving the area. Councilmember Barrett said that he does not believe it is necessary to pay someone for this responsibility and this is an opportunity for volunteer efforts. Mr. Johnson clarified how the program was started. Councilmember Haffa requested a provision that states that the City bears no responsibility or liability for the private security guards. Mayor Roberson called a recess at 8:36 p.m., then reconvened the meeting at 8:51 p.m. Mayor Roberson opened public comment on the Ambassador program. Gary Cursio, Chairman of MCHA, spoke in support of continued funding of the program. With no further requests to speak, Mayor Roberson returned the discussion to the dais. On question, Ms. Davi said that staff could research having the private security program add the City as an additional insured on their liability policy. Councilmember Smith said that he would like to be able to fully maximize the opportunity for private security. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the program with the caveat that staff would work with the security firm and associations to secure additional protection from liability for the City: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Barrett ABSENT: 0 COUNCILMEMBERS: None 7 City Council Minutes Tuesday, June 16, 2015 ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Barrett said that he feels better regarding the liability issue with a hold harmless agreement. He said that the Police Chief does not have full accountability and oversight of the private security officers, and the City's priority should be hiring police officers. Councilmember Smith said that the program cannot wait for the Police Department to become fully staffed and that this is a temporary measure. It was moved by Councilmember Haffa, and seconded by Councilmember Smith, to approve the FY 15-16 and FY 16-17 allocation for the Monterey Peninsula Regional Water Authority: Mayor Roberson encouraged the Water Authority to tighten the budget by doing as much of the work in house as possible. He recommended that the Authority maintain flexibility. He suggested that the allocation could be placed into a reserve. Councilmember Downey asked to amend the motion to include the Mayor's four points in the motion. Councilmember Smith said that he wants to keep the Authority in tact due to the importance of its mission. He asked to agendize a discussion with Mr. Cullem regarding the four points. Councilmember Barrett said that he supports putting the allocation in escrow. Mayor Roberson opened public comment. John Narigi, TAC Member, supported the allocation. He said that Monterey is the leader on this issue and the Water Authority is doing a good job representing the people of the Peninsula. He urged Council to allocate the $42,000. With no further requests to speak, Mayor Roberson returned the discussion to the dais. Councilmember Haffa said that the Water Authority is important and the budget is greatly reduced. Councilmember Barrett said that what he is asking is additional interaction with the Water Authority. Mayor Roberson said that he will send the four points out in writing for Council's consideration. Staff clarified that the allocation is already included in the operating budget. Councilmember Haffa withdrew his motion because the money is already in the operating budget. Councilmember Haffa suggested considering the remaining items at once, except Portola Plaza. Mayor Roberson opened public comment on those items. Tammy Blount, MCCVB, spoke about her organization's role with respect to marketing and asked Council to approve funding for MCCVB at the full 6% formula. Rick Aldinger, General Manager of the Big Sur River Inn, Chair of MCCVB, and Monterey Resident, spoke in support of funding at the full 6% level. Joy Anderson, Mariposa Inn and Suites, spoke in support of granting the full 6% formula for funding MCCVB. Sean Henshall supported the 6% funding formula for MCCVB and asked members of the audience who agree with him to stand, and approximately 12 people stood. Paulette Lynch, the original founder of First Night Monterey, urged Council to support the contribution to First Night. Ellen Martin also spoke in support of the First Night allocation. Susan Britton, President of First Night Monterey, spoke in support of the First Night funding. Rick Johnson, OMBA Executive Director, spoke in support of First Night and Fourth of July Parade in-kind support. Barbara Meister, Monterey Bay Aquarium Executive Director, spoke in support of the MCCVB funding. She said that the Aquarium supports funding the Portola 8 City Council Minutes Tuesday, June 16, 2015 renovation and doing the work at the same time as the Conference Center renovation. Janine Chicourrat, Portola Plaza, voiced her appreciation for the public-private partnership on the Monterey Conference Center renovation. She supported funding the Portola Plaza project and doing it right. Jody Hansen, Monterey Peninsula Chamber of Commerce CEO, spoke in support of funding the Portola Plaza. Daven Tanza, Pino's Cafe, supported funding the Portola Plaza. John Narigi, General Manager Monterey Plaza Hotel, agreed with Ms. Chicourrat and supported funding the Portola Plaza. Rick Johnson, OMBA, echoed Ms. Chicourrat's comments and said that it is important for his organization that the Portola Plaza is completed at the same time as the Conference Center. Having no further requests to speak, Mayor Roberson closed public comment on the item. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to approve the remainder of the Decision Points, plus the Heritage Tourism, and excepting the Portola Plaza. At the request of Councilmember Barrett, Councilmember Haffa amended his motion to include oversight provisions for the Noise Abatement Funds for the Fairgrounds and the seconder agreed. The amended 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 Councilmember Downey made a motion to authorize City expenditures up to $2 million on the Portola Plaza renovation project. No one seconded the motion. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to allocate $1 million in General Fund money, $600,000 in one-time money, and $400,000 from other funds to the Portola Plaza renovation project. Councilmember Barrett said that he wants to know more details regarding the design and why this amount of money is needed. He asked staff to address the schedule and timing of this project and whether it is feasible to do both projects simultaneously. Sam Phillips, Ausonio Inc., explained that the funding is time sensitive so the Plaza can be designed and bid in August. He said that while it would not be started at the same time as the Conference Center, both projects will finish at the same time. Councilmember Barrett said that he would feel better if he could review options. Councilmember Smith said that the Council has a responsibility to invest in this project and he will support the motion. He said that Council will have decision points as the project goes forward. Councilmember Barrett said that he will also support the motion, while he looks forward to follow up. 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 9  City Council Minutes Tuesday, June 16, 2015 17. Adopt Recommended Capital Improvement Program (CIP) Projects for Fiscal Years 2015/2016 and 2016/2017 ***CIP*** (Plans & Public Works - 406-03) Action: Not Discussed JOINT POWERS AUTHORITY - PUBLIC APPEARANCE 18. Adopt the Joint Powers Financing Authority Budget for Fiscal Year 15-16 (Finance - 406-06) Action: Not Discussed OCEAN VIEW COMMUNITY SERVICES DISTRICT - PUBLIC APPEARANCE 19. Adopt FY 2015-16 Ocean View Community Services District Budget (Finance - 406-07) Action: Not Discussed ADJOURNMENT Council adjourned to Closed Session at 10:25 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with their labor negotiator, Clyde Roberson, regarding the unrepresented City Attorney, the City Council gave confidential direction to their negotiator on a 4-1 roll call vote, with Roberson voting no. Ms. Gawf announced that in a conference with labor negotiators the City Council gave unanimous confidential direction to their negotiator, Joanne Narloch, regarding GEM; they gave confidential direction to the negotiator on a 4-1 roll call vote regarding MPA, with Downey voting no; and Council gave confidential direction to the negotiator regarding MEA on a unanimous roll call vote. Ms. Gawf said that the remaining two closed session items were not heard due to the lateness of the hour. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10