Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 15, 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: Deputy City Manager Plans and Public Works, Finance Director, Community Services Director, Fire Chief, Police Chief, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Presentation by CSUMB President Eduardo M. Ochoa (City Manager - 706-07) Action: Received report Mayor Roberson introduced CSUMB President Eduardo M. Ochoa, who made the presentation and answered questions. Councilmembers thanked Dr. Ochoa for the presentation and his efforts to reach out to the community. CONSENT ITEMS Councilmember Smith requested removal of Items 15 and 19 for a staff report. Councilmember Downey said that that she would like to discuss Item 18. On request from Councilmember Downey, Principal Engineer Harary reviewed the awards of on-call construction contracts, which were the subject of Items 5 and 6. Mayor Roberson commented that bids coming in have been lower than the Engineer's estimate. He clarified that Measure P money is going to sidewalks, stormdrains, and street rehabilitation. He said that in light of the $200,000,000 need, he is grateful for the voters’ passage of Measure P and noted that it will provide $8 million per year for four years and is a good start. City Attorney Davi suggested opening public comment on Items 5, 6, and 7 due to the discussion that has taken place. Mayor Roberson opened the floor to the public, no one came forward, and he closed public comments on the item. On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Items 15, 18, and 19, which were removed for discussion: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, September 15, 2015 ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. August 26, 2015 (Information Resources - 701-09) Action: Approved 3. September 1, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award Chiller and Cooling Tower Maintenance Service Contract for the Federal Government Defense Manpower Data Center (DMDC)****PMSA**** (Plans & Public Works - 903-02) Action: Adopted Resolution No. 15-176 C.S. 5. Award Municipal Improvements On-Call Construction Contracts 2015-2016 for City Projects ***CIP/NIP*** (Plans & Public Works - 807-01) Action: Adopted Resolutions No. 15-177 C.S. and 15-178 C.S. 6. Award Municipal Improvements On-Call Construction Contracts 2015-2016 for Presidio Municipal Services Agency Projects ***PMSA*** (Plans & Public Works - 807-01) Action: Adopted Resolution No. 15-179 C.S. and Resolution No. 15-180 C.S. 7. Award Contract for Citywide Cured in Place Pipeline (CIPP) Storm Drain Rehabilitation Project Fall 2015 – Measure P (Plans & Public Works - 704-06) Action: Adopted Resolution 15-181 C.S. Ordinances 8. 1st Reading – Repeal Monterey City Code Chapter 1, Section 8 Regarding the Reading of Ordinances (City Attorney - 701-11) Action: Passed Ordinance to print 9. 1st Reading to Amend Monterey City Code Chapter 12 Article 3 to Create a Responsible Banking Ordinance -- Recommended for Continuance to October 6, 2015 (Finance - 406-01) Action: Continued to October 6, 2015 10. 2nd Reading To Amend Monterey City Code Chapter 17, Sections 1 and 5 and Delete Section 7 Regarding Restrictions on, and Wharfage Rates for, the Delivery and Sale Seafood At Monterey Harbor (Community Services - 904-07) Action: Adopted Ordinance No. 3523 11. 2nd Reading – Amend Monterey City Code Section 33-7 to Update the Definition of “Subdivision” and Section 33-101 to Clarify When Lots may be Merged (City Attorney - 701-11) Action: Adopted Ordinance No. 3524 Resolutions 12. Amend Agreement for Legal Services with Meyers Nave (City Attorney - 704-05) Action: Adopted Resolution No. 15-182 C.S. 2  City Council Minutes Tuesday, September 15, 2015 13. Delegate Authority for Bidder Responsibility Hearings to the Administrative Appeals Hearing Board (City Attorney - 701-07) Action: Adopted Resolution No. 15-183 C.S. 14. Appropriate Funds from the Conference Center Facilities District Funds (CCFD) to the Conference Center Renovation Project (Community Services - 407-08) Action: Adopted Resolution No. 15-184 C.S. 15. Adopt a Resolution Authorizing the Issuance of up to $50,000,000 in Conference Center Facilities District (CCFD) Bonds. (Finance - 408-03) Action: Removed from Consent; discussed; adopted Resolution No. 15-185 C.S. City Manager McCarthy introduced the item. Finance Director Forbis presented the staff report, and Community Services Director Bui Burton presented additional details. Mayor Roberson opened public comment on the item. Nelson Vega asked if there are points and fees being charged for this transaction. He asked for clarification if there is any liability on the City's part. Mr. Forbis said that there is an issuance cost within the $5 million, and there is no liability for the City, rather the hotels are the collateral. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution 15-184 C.S., authorizing the Issuance of up to $50,000,000 in Conference Center Facilities District (CCFD) Bonds: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Authorize the Purchase of Forty (40) Group Cycling Bikes at the Monterey Sports Center (Community Services - 309-03) Action: Adopted Resolution No. 15-186 C.S. 17. Approve Amendment No. 1 to the Professional Services Agreement with Ausonio, Inc. for Construction Management Services for the Monterey Conference Center Renovation and Portola Plaza Remodel Projects (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-187 C.S. 18. Provide Updated Comments on the Draft Environmental Impact Report for the Cal-Am Monterey Peninsula Water Supply Project (Plans & Public Works - 203-07) Action: Removed from Consent; discussed; adopted Resolution No. 15-188 C.S. City Engineer Wittry made the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comment, and with no requests to speak, closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 15-187 C.S., providing updated comments on the Draft Environmental Impact Report for the Cal-Am Monterey Peninsula Water Supply Project: 3  City Council Minutes Tuesday, September 15, 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 Other 19. Adopt Policy for Appointing Members to City Boards, Commissions and Committees (Information Resources - 701-15) Action: Removed from Consent; discussed; amended and adopted policy (3-2; Barrett and Downey voting no) Information Resources Director/City Clerk Gawf presented the staff report and answered Councilmembers' questions, clarifying that the new policy is in compliance with the Brown Act and Maddy Act. Councilmember Downey said that the Council used to rotate the entire committee and she would like to go back to that practice. She said that she would like to keep current appointees this year, but consider changing back to rotation next year. She suggested adding a provision requiring a vote on each recommended individual, rather than as a slate. Councilmember Barrett suggested changing the reference to the Herald to something more generic, and Councilmember Smith agreed. Mayor Roberson opened public comment on the item. Nelson Vega encouraged adopting policies to govern these types of processes and supported the recommendation. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith said that he would prefer not to require voting on each individual to the policy, but to move forward with a more flexible procedure. Councilmember Barrett agreed. He said that he could see pros and cons to Ms. Downey's suggestion regarding the rotation of Subcommittee members. Councilmember Haffa said that it is more clear-cut if the composition is the Mayor and Vice-Mayor. Councilmember Smith said the process is about consistency. City Attorney Davi clarified that the Charter does not mandate rotating the position of Vice Mayor, but it is a Council policy. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted the Policy for Appointing Members to City Boards, Commissions and Committees, with an amendment to remove the reference to the "Monterey Herald" and replace it with a more generic term, such as "adjudicated newspaper": AYES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson NOES: 2 COUNCILMEMBERS: Barrett, Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** 4  City Council Minutes Tuesday, September 15, 2015 PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Patricia Domingo presented some ideas for long and short-term planning. She said there has been profound change in her New Monterey neighborhood. She voiced concerns regarding quantity versus quality in development, increased traffic, and said quality is not about money. She said that there is a lot of noise in the New Monterey neighborhood, and she asked about the possibility of an ordinance regarding idling vehicles. Having no further requests to speak, Mayor Roberson closed public comment and called a recess at 5:40 p.m. PUBLIC APPEARANCE 20. Provide Staff Direction for Issuing Pension Obligation Bonds (Finance - 407-10) Action: Received and discussed report; gave direction to staff Finance Director Forbis presented the staff report and answered Councilmembers' questions. Councilmember Haffa suggested looking at community assets, such as commercial properties, rather than something like the Sports Center. Councilmember Barrett asked if there is a reason not to consider a General Obligation Bond. Mr. Forbis said that it would require an election, which would have an associated cost, and is not likely to be successful. On question, he said that asset backed debt is likely to have the best rates, and is quicker to obtain. Because of time constraints, the Councilmembers agreed to take public comments on items not on the agenda now, and continue this discussion this evening. The following portion of the discussion took place during the evening session. Finance Director Forbis requested Council direction regarding whether to pursue a ten or twenty year term. Mayor Roberson opened public comments on the item. Nelson Vega voiced concerns that paying off the obligation early would not save money. He said that in the end, Council has to reduce the cost of Government. He said that it is important to be fair to the employees and the taxpayers. He spoke in favor of a ten year term. Having no further requests to speak, Mayor Roberson closed public comments. Councilmember Haffa said that if it is possible, he would favor the ten-year term, noting that the City has a reserve that could be used if needed. He said that if there is a "tail" from CalPERS, the issue might need to be reconsidered. Councilmember Smith suggested that during good years, the Council could allocate additional funds to the reserve rather than locking into a ten-year term. He said that he favors giving direction to staff to pursue this item, making it affordable so the City is able to manage the debt, probably the 20-year term, but ten if possible. He asked for more information about the tail fund. Councilmember Downey said she would also be in favor of pursuing this, and tends toward the ten-year term. She suggested asking John Bartel of Bartel Associates for further clarification. Mr. Forbis said that staff talked with him last week and he did not know the answer to the question about the "tail." Councilmember Barrett said that he would like wider analysis of the assets that might back this debt. He favored ten years, if possible. 5 City Council Minutes Tuesday, September 15, 2015 Finance Director Forbis clarified that there might be associated costs, and staff will bring back analysis of 10 or 20 year plus a list of possible assets. Mayor Roberson said that going to a two tier system will help somewhat, but ultimately more reform in the retirement system might be necessary. Councilmember Smith suggested looking ahead at potential capital expenditures and the impact of paying an additional $500,000 for the 10-year term. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. WATER UPDATE Councilmember Haffa reported that FORA has been considering the budget, which included $400,000 to study a site for a desalination plant. He said that he voted no on that item due to a conflict over that site. He said that the Board has directed staff to negotiate a cooperative agreement, but that has not yet happened. Mayor Roberson opened public comments, had no requests to speak, and closed the floor. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment on items not on the agenda. Nina Beety said that last year Diablo Canyon nuclear plant had numerous violations upon inspection by the NRC, for example inoperative diesel generators. She listed other examples of violations. Hans Jannish, Monterey Vista Neighborhood Association, said that his Board has hosted candidates forums in the past, and would now like to host a Council forum to allow the Council to describe their desires and visions and hear from the residents. He asked if Councilmembers would be willing to participate in such a meeting in October. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Smith offered kudos to Kay Russo and volunteers for putting together the Splusso golf tournament. He reported on a recent TAMC meeting, saying that focus groups are considering a 3/8 cent sales tax. He participated in the Festa Italia and said that it was fun to watch, as was the previous week's Greek festival. He reported on the Monterey Bay Sanctuary’s outreach for the Sanctuary scoping plan. He said that more sessions are upcoming in SLO County and Santa Cruz. He reported that tomorrow morning he will be meeting with Bruce McPherson regarding the Santa Cruz Wharf and harbor. Councilmember Barrett acknowledged comments made by Patricia Domingo regarding noise pollution and agreed that is a problem in New Monterey. He thanked Mr. Jannish for his recommendation, and said that he would look forward to a meeting. He noted that it has been very busy in Monterey with regard to festivals and celebrations, and that he has enjoyed attending various events and meeting people. Councilmember Downey asked to have information supplied ahead of time for closed session items. She thanked the General Manager of CalAm for a tour of the Dam that is being removed. She said that MST is creating an informational flyer on UBER. She acknowledged 6  City Council Minutes Tuesday, September 15, 2015 Harbormaster Scheiblauer for his work on the "Community Sustainability Plan for Fishing." She asked to get microphones in the Chamber that work. Councilmember Haffa said that he also attended the Monterey Vista Barbeque and had a wonderful time. He agreed that it is a good idea to have a publicly noticed community meeting. He asked about the status of a garage sale ordinance. He reported on a recent incident at the Farmers' Market where a pregnant woman was asked to move by a private security guard due to the sit-lie ordinance. He asked that the matter be addressed with the private security company. Councilmember Smith said that he spoke with the OMBA as well as the individual. He said that the lady feels that her concerns have been addressed. CITY MANAGER REPORTS City Manager McCarthy said that the garage sale ordinance would be coming before Council early next year. He said that he and Chief Hober met with the neighbors, and the Police are going to use additional enforcement rather than warnings regarding Del Monte Beach. Mr. McCarthy reported that eight firefighters and one EMT are assisting across the state with wildfires. He said that Monterey staff is cleaning out brush and trimming trees in preparation for the winter storms. He reminded Council about the special meeting next Wednesday. Mayor Roberson asked to take up discussion on item 22 now, and Council agreed. PRESENTATIONS 21. Results of Tidelands Trust Audit and Recommended Follow-up Actions (Finance - 403-05) Action: Received and discussed report Finance Director Forbis presented the staff report and answered Councilmembers' questions. Councilmember Downey asked if the $2,000,000 deficit could be paid back to the General Fund, and Mr. Forbis said he does not know, but believes that a reimbursement plan needs to be in place prior to the expenditure. Councilmember Smith said that he believes that we should put a plan in place for going forward rather than try to correct past expenditures. Councilmember Haffa followed up on directly related tidelands costs, asking if overhead and operational costs such as property management and administrative support have been included, and Mr. Forbis said that they have. Mayor Roberson noted that the Tidelands are what make Monterey what it is. Councilmember Barrett said that he is interested in reviewing what the Tidelands funds can be spent on, such as roads, trails, etc. Councilmembers discussed opportunities that might be available to improve the area through the use of these funds. Councilmember Barrett said that he is very interested in prioritizing capital investments and looking at investments that might be revenue generating. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. 7  City Council Minutes Tuesday, September 15, 2015 PUBLIC APPEARANCE 22. Authorize Consent to Assignment of Wharf I Concession 16 Lease at 96 Fisherman’s Wharf from Chris Shake, as an Individual and Chris Shake, as Trustee for Ahmed John Shake Trust and Monterey SportFishing, Inc. (President Ahmed John Shake) (Plans & Public Works - 206- 03) Action: Adopted Resolution No. 15-189 C.S. Information Resources Director/City Clerk Gawf read the title of the item. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 15-188, authorizing a consent to assignment of Wharf I Concession 16 Lease at 96 Fisherman’s Wharf from Chris Shake, as an individual and Chris Shake, as Trustee for Ahmed John Shake Trust and Monterey SportFishing, Inc.: 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 Having no further business to come before the City Council, Mayor Roberson adjourned the meeting to a closed session at 8:21 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that in a conference with labor negotiators regarding the General Employees of Monterey there was a unanimous roll call vote where the City Council gave confidential direction to their negotiators. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8