Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 6, 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, Principal Planner, Traffic Engineer, Human Resources Analyst, Communications and Outreach Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. CONSENT ITEMS Councilmembers Smith and Barrett asked to remove Item 4 from the Consent Agenda. Councilmember Downey said that MST is creating an informational flyer, not forum, on UBER and asked to correct the September 15, 2015 Minutes to reflect that. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Item 4, which was removed for discussion, and with a correction to the September 15 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 Approval of Minutes 1. September 15, 2015 (Information Resources - 701-09) Action: Amended and approved 2. September 23, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award a Contract for On-Call Greenbelt Maintenance Service (Plans & Public Works - 405-01) Action: Adopted Resolution No. 15-190 C.S.  City Council Minutes Tuesday, October 6, 2015 Ordinances 4. 1st Reading -- Amend Monterey City Code Chapter 12 Article 3 to Create a Responsible Banking Ordinance -- Continued from September 15, 2015 Meeting (Finance - 406-01) Action: Removed from Consent; discussed; passed amended Ordinance to print Finance Director Forbis presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Lexie Norton-Jones said that her brother is the banking regulator at Wells Fargo, and that he is a terrific guy who has been impeccable throughout his career. Having no further requests to speak, Mayor Roberson returned the discussion to the dais. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to amend and pass the Ordinance to print, amending the Monterey City Code Chapter 12 Article 3 to create a Responsible Banking Ordinance, with an added requirement to contact or interview local banks when the City goes out for proposals. Councilmember Barrett said he would like to see the Ordinance adjusted so other banks could voluntarily participate. City Attorney Davi suggested that could be accomplished by adding a line that states "Whereas other banks can voluntarily participate," to the Ordinance. Councilmember Barrett explained that he would like the flexibility to receive community reinvestment plans from other banks on a voluntary basis, and that information could be shared on the website. Councilmember Smith said that he wants to insure that the Ordinance is mandatory. He recommended going forward as written for one year. Councilmember Haffa said that the opportunity exists, and it does not seem to be the best way to mix mandatory and voluntary compliance. Councilmember Barrett said that he just wants to present the opportunity for participation. Councilmember Smith expressed concern about additional staff work. Councilmember Downey amended her motion and the seconder agreed to add a line, "Whereas the City encourages all banks that operate in Monterey, including those that are not subject to this ordinance, to voluntarily comply with the reporting requirements of this ordinance so they will have the benefit of having those reports posted to the City’s website.” She clarified that her original motion includes having any RFP distributed to all local banks. Councilmember Barrett asked the motion maker to amend the motion to change The City will not do business with a bank having been judged as doing predatory lending with "City” of Monterey to the "County” of Monterey, and the motion maker and seconder agreed. Councilmember Smith said that it is important not to over regulate, but he will support the motion. Councilmember Haffa thanked the staff. 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 2  City Council Minutes Tuesday, October 6, 2015 5. 2nd Reading – Repeal Monterey City Code Chapter 1, Section 8 Regarding the Reading of Ordinances (City Attorney - 701-11) Action: Adopted Ordinance No. 3525 Resolutions 6. Amend Resolution No. 15-120 Changing the Position Control List by Deleting One Full-Time Administrative Assistant II Position in the Sports Center Division and Adding One Full-Time Medical Records Assistant Position in the Sports Center Division (Community Services - 502-03) Action: Adopted Resolution No. 15-191 C.S. 7. Authorize the Transfer and Appropriation of Donated Funds for the Purchase of Replacement Equipment for the Monterey Sports Center (Community Services - 409-03) Action: Adopted Resolution No. 15-192 C.S. 8. Adopt Amendment to the Memorandum of Understanding with the General Employees of Monterey and Authorize an Appropriation of Funds (Human Resources - 507-02) Action: Adopted Resolution No. 15-193 C.S. Other 9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 595 Munras Avenue Negotiators: Dino Pick, Chip Rerig and Rick Marvin Negotiating Parties: Carl Outzen Under Negotiation: Terms and Conditions to Respond to Purchase Offer (Plans & Public Works - 206-03) Action: Appointed negotiators 10. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 733 Ramona Avenue (APN 013-251-022-000) Negotiators: Kim Bui-Burton, Chip Rerig, Rick Marvin Negotiating Parties: Marc R. Frelier, BRE #00575678 Under Negotiation: Terms and Conditions for Potential Purchase of Property (Plans & Public Works - 206-03) Action: Appointed negotiators ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Richard Ruccello, President of CONA, displayed his neighborhood plan that was adopted in 1985. He addressed the closed session item, saying that opportunity buying is part of the neighborhood plan, and we need to shorten the time frames for funding it. He supported purchasing the property referenced in Item cs5, saying that it would support expansion of his neighborhood’s parks. He said that the problem is expediting the procurement process. Lexi Norton-Jones said that Assistant City Manager Uslar is a very kind person. She said that she thinks it is terrific that UBER is in Monterey. She said that the only time she has been a 3 City Council Minutes Tuesday, October 6, 2015 crime victim was in Monterey, and no help came. She said that there has to be more help for Seniors, and there are too many bogus care giving facilities here. Alec Stefan said that UBER drivers are doing business in Monterey and operating without business licenses as required by the City Code. He cited the Monterey City Code and urged Council to apply the laws to UBER drivers. Sam Rashkin thanked Nelson Vega for his generous donation to the One Starfish parking program. He thanked Monterey Bay Whale Watch is hosting a fundraiser for that program. He voiced concerns regarding shelter for homeless people during the winter. Mike Brassfield spoke in support of purchasing the property referenced in Item cs5, saying that the price is reasonable and would add to the existing park, which is an exceptional jewel for Monterey. He noted that the Council's chairs are new, and asked that the audience seats be redone. Rachael Ferris, Yellow Cab employee, said that she is a legal driver that has had a background check. She asked that UBER drivers be subjected to the same regulations as cab drivers. Having no further requests to speak, Mayor Roberson closed public comment. ***Adjourn to Closed Session*** Council adjourned to Closed Session at 5:05 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions from the afternoon closed session: In a conference with legal counsel regarding existing litigation; name of case: Fernandez-Valdez vs. City of Monterey (Workers’ Compensation Appeals Board) there was a unanimous roll call vote where the City Council gave confidential direction to their legal counsel. In a conference with Legal Counsel regarding existing litigation; name of case: Mosqueda vs. City of Monterey (Workers' Compensation Appeals Board) there was a unanimous roll call vote where the City Council gave confidential direction to their legal counsel. In a conference with labor negotiators; agency negotiators: Hans Uslar, Gina Russo; Employee Organization: Monterey Police Association (MPA) there was a unanimous roll call vote where the City Council gave confidential direction to their negotiators. WATER UPDATE Councilmember Downey said that the last Water Authority meeting was cancelled. City Manager McCarthy reported that Water Authority Executive Director Cullem advised him that an important meeting will take place on October 22, where the final proposed revision for the Cease and Desist Order would be reviewed. Mayor Roberson reviewed the provisions of the Cease and Desist Order and the negotiations that have been ongoing, and said that reaching an agreement on the CDO is an important milestone. Councilmember Downey advised that the Environmental study for the Monterey Water Pollution Control Agency will be released for comments on October 8th. 4 City Council Minutes Tuesday, October 6, 2015 CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comments on items not on the agenda. Jody Hansen, MP Chamber of Commerce invited the community to the Monterey Business Expo at the Embassy Suites. She thanked Councilmember Barrett for attending the Economic Vitality meetings. Bill Ray, Old Town Neighborhood resident, gave the Council copies of the Old Town Area Plan and gave a brief history of the plan and voiced concerns regarding installation of a "No Left Turn" sign on Bowen and its effect on parking in the neighborhood. He said that Mannequin Man is intimidating and harassing families in the neighborhood. He apologized to Colonel Fellinger, and said that he and his staff have worked with him, but the City has taken no action. He said that the Council has relied on the recommendations of the staff, and that has caused conflict and caused people to move out of the neighborhood. Having no further requests to speak, Mayor Roberson closed public comments. Councilmember Downey asked about signatures for a neighborhood parking program, and Mr. Ray said that he would drop off the petition. COUNCIL COMMENTS Councilmember Haffa talked about complaints regarding beach fires on Del Monte Beach, and asked staff to look into the issue to see what can be done to relocate them away from the neighborhood. Councilmember Downey said the Salvation Army raised $359,000 at a recent fundraiser. She said that Yellow Cab offered to give anyone a ride home from the Shakes' event. Applauded Save Our Oceans' beach cleanup and encouraged everyone to pick up at the beach. Councilmember Barrett reported on a recent neighborhood meeting where the issues of beach fires and homelessness in the park were discussed. He applauded the people for organizing a multi-neighborhood meeting and the Police Department staff for their presentation and approach. He offered his full support for Chief Hober's approach. Councilmember Smith Chamber Leadership luncheon where the Secretary of State gave a presentation. He reported on AMBAG and the Sanctuary Advisory Council, two year plan and scoping opportunity that would benefit coastal towns asking for reasonable changes at the Sanctuary. Mayor Roberson reported that a proclamation has been prepared for Community Safety Saturday, taking place this Saturday from 10:00 a.m. until 2:00 p.m. at the Monterey County Fair and Event Center. He said that the program is sponsored by the Capital Insurance Group and the Class Kid Foundation, whose goal is to stop crime against children through education and knowledge. The Mayor said that the California Highway Patrol will be there to inspect safety seats along with the Monterey Fire and Police Departments. He reviewed some statistics that are in the proclamation. CITY MANAGER REPORTS City Manager McCarthy reported on several festivals that took place in town over the past week. He acknowledged the City employees who coordinated the events. He reported that there was an officer involved shooting this afternoon. He said that the officer is fine, but the individual was pronounced dead and more information would be forthcoming. 5  City Council Minutes Tuesday, October 6, 2015 PUBLIC APPEARANCE 11. Consider Long Term Vendor Permit Application for El Volcan's Mobile Food Vending Vehicle on 400 Block of Cannery Row from 10 AM - 8 PM Daily (Plans & Public Works - 202-13) Action: Received report; received public comment; closed public comment; and continued the matter to the first meeting in November or as soon as practical thereafter Principal Planner Cole presented the staff report and answered questions, with translation provided by Associate Planner Roveri for the applicant. On question, City Attorney Davi reviewed the Ordinance and explained that the City cannot restrict competition. She said that under the applicable statute, if Council restricts or denies the permit, it must be for public safety considerations. On question, City Attorney Davi explained that the vehicle code is the governing authority for this use, but a use permit would fall under the zoning ordinance. Mayor Roberson opened the floor to the applicant. Berenice Gonzalez Contrera, owner of El Volcan, said that she is excited to bring her business here and spoke in support of the application. Craig Riddell, Ottone Restaurant Group, said that he is spending a large sum of money to open a restaurant and moving food trucks into established areas must be done in a logical way. He asked for a sixty-day emergency moratorium on this issue to analyze it. Jason Retterer, Cannery Row Business Association, disagreed with the City Attorney on the Barajas case and said that the City Council has discretion to deny this application. He disagreed that the Council cannot consider the zoning ordinance and questioned if the California Coastal Commission had been contacted by staff. He noted that the proposed area is a four-hour restricted parking zone and the truck should not be allowed to exceed four hours. He asked Council to deny this application. Mike Zimmerman, Cannery Row Company, asked Council to deny the application, saying that it appears that mobile food vendors have more rights than other merchants. He said that a mobile food vendor can destabilize an area. He noted that the parking garage fills up frequently in the summer months. John Ells, Vice President of the Cannery Row Business Association and Cannery Row business owner, spoke in opposition to the permit and asked Council to deny the application. Dale Ellis, Monterey County Hospitality Association, asked that the matter be continued for further study or denial of the application. Mayor Roberson called a recess at 8:38 p.m., then reconvened the meeting at 8:50 p.m. Jeff Modaff, Monterey Plaza Hotel and Spa, spoke in opposition to the application and noted that the parking meters take up space on the sidewalk and may reduce it to less than the required 8 foot width. He noted that the proposed parking space is a blind corner and might be a safety concern. Ryan Jacobs, Monterey resident, spoke in support of the food truck application. He said that food trucks should be an option in the waterfront area. He said that fairness is not the issue, only safety. Deborah Hannon, Cannery Row business owner, spoke in opposition to the application, saying that the area is overcrowded and a potential safety issue exists due to the curve in the road. She voiced concerns that this would be too close to area parks. John Narigi, Cannery Row Business Association, spoke in opposition to the application. He said that this matter has been addressed via the temporary food truck ordinance, and it will impact the historical nature of the area. He asked Council to deny the permit or postpone the matter for further study. Lance Collard, Louie Linguini’s and After the Quake, spoke in opposition to the application. He said that people will walk into the street around the truck and cause a safety issue. 6 City Council Minutes Tuesday, October 6, 2015 Danielle Heden, restaurant owner on Cannery Row Company, spoke in opposition to the application and asked Council to deny the permit. Luis Osorio said that it is important to look at how the state law was changed and he believes the legislature adopted these regulations in order to provide an opportunity for people to come up the social scale. He said the Council's decision has to be well thought-out, and he does not see how safety will be an issue with this because cars park in that space all the time. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to close public comment and continue the matter to the first meeting in November to give staff time to study it more thoroughly and provide more details. Councilmember Smith and Councilmember Haffa asked to have additional information regarding the Coastal Commission. Councilmember Haffa asked staff to look into the safety concern with the blind corner. Mayor Roberson said that he was struck by the fact that we have a temporary permit and the truck can move 150 feet, so could be down there all day long. Councilmember Haffa amended his motion to “close public comment and continue the matter one month or as soon as practical thereafter" and the seconder agreed. 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 ADJOURNMENT Council adjourned to closed session at 9:15 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions from the evening closed session: In a conference with real property negotiators Dino Pick, Chip Rerig, Rick Marvin regarding property at 595 Munras Avenue; negotiating parties: Carl Outzen; under negotiation: discuss offer to purchase from Carl Outzen on a unanimous roll call vote, the City Council gave confidential direction to their negotiators In a conference with real property negotiators Kim Bui-Burton, Chip Rerig, Rick Marvin regarding property at 733 Ramona Avenue; negotiating parties: Marc R. Frelier; under negotiation: price, terms and conditions for potential purchase of property 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 7