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Council Regular Meeting

Regular Meeting

Monterey, CA · October 20, 2015

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 20, 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, Assistant City Manager, Deputy City Manager, Present: Plans and Public Works, Finance Director, Community Services Director, Chief of Planning, Engineering, and Environmental Compliance, Human Resources Director, Housing & Property Manager, City Engineer, Harbormaster, Police Lieutenant, Employee Relations Manager, Senior Planner, Senior Assistant City Clerk CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. CONSENT ITEMS On a motion by Councilmember Downey and seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent agenda, with the exception of items 2, 3, and 8 which were pulled for further 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. October 6, 2015 Action: Approved Ordinances 2. 2nd Reading -- Amend Monterey City Code Chapter 12 Article 3 to Create a Responsible Banking Ordinance (Finance - 406-01) Action: Pulled from consent; Discussed; Adopted Ordinance No. 3526 C.S. (4-1, Councilmember Downey voting no) It was moved by Councilmember Downey to amend her motion at the first reading on October 6, 2015, which would also affect the minutes, to add a requirement that when the City goes out for proposals for banking, staff would personally contact or interview all Monterey Peninsula banks. City Attorney Davi said that the Request for Proposals (RFP) process needs to be the same for all potential respondents, and since all banks are invited to participate, this would mean contact would need to be made to all banks. Councilmember Haffa said that he understood Councilmember Downey’s intent and wants banks contacted, but doesn’t want to burden staff. City Council Minutes Tuesday, October 20, 2015 On question from Councilmember Haffa, Finance Director Forbis said that the City advertised the RFP on their website, and contacted specific banks that engage in governmental banking, which is different and highly regulated. He said that the City will make a commitment to contact banks. He said that he would worry about fairness if the City attempted to contact every single bank, in case staff inadvertently missed one, and asked for more flexibility. Councilmember Downey said that she was contacted by two local banks who said that they did not receive notification of the recent RFP, and said that they have the ability to do this type of banking and would have liked the chance to be responsive. Councilmember Smith said that the ordinance presented by staff gives minor and appropriate redirection, and he is satisfied with the way it is written. He said that going forward the Finance Director knows the Council’s intent and will make sure that Monterey banks are notified. Mayor Roberson opened the floor for public comment, and receiving no requests to speak, closed public comments. It was moved by Councilmember Haffa and seconded by Councilmember Smith, to approve the second reading, adopting Ordinance No. 3526 C.S. to create a Responsible Banking Ordinance. 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 Resolutions 3. Adopt a Resolution Amending Resolution #14-132, the Master Fee Schedule, to Increase Outer Mooring/Hoist Fees for Harbor/Marina, Add a CD/DVD Duplication Fee, Delegate Authority for Setting Certain Recreation and Parking Fees and Eliminate Fees for Underground Tank Installation and Monitoring (Finance - 407-06) Action: Pulled from consent; Discussed; Continued to a future meeting with particular attention paid to the delegation of authority to the Community Services and Parking departments, and requests for further information regarding harbor mooring fee comparisons and parking It was moved by Councilmember Downey to approve the staff recommendation except for the delegation of authority to the Community Services Director to provide for scholarships, special discounts, promotions or other short-term fee adjustments, and the delegation of authority to Parking staff to set flat rates at attended parking facilities. Mayor Roberson said he agreed with Councilmember Downey’s concerns, and said he would like to continue this item to give staff more time to respond to some questions and to have a chance to discuss the entire resolution. Councilmember Smith supported postponement, saying that he would like to see comparisons with data on other harbors’ mooring fees to make sure that Monterey is in line with other harbor moorings on the West Coast, and said he wanted more information about flat rate parking versus hourly when the item comes back to Council. Mayor Roberson opened the floor for public comment, and receiving no requests to speak, closed public comments. 2 City Council Minutes Tuesday, October 20, 2015 Councilmember Downey requested easier to read fee information on the next staff report and clearer comparisons between existing fees and suggested changes. Mayor Roberson said that this topic goes back to the adoption of the current budget, when Council discussed automatic increases in fees and the concern that fees were discouraging activities that the City wants to encourage. It was moved by Mayor Roberson and seconded by Councilmember Haffa to continue the item to a future meeting, with particular attention paid to Councilmember Downey’s concerns about the delegation of authority to the Community Services and Parking departments, and Councilmember Smith’s requests for harbor mooring fee comparisons and more information about parking. 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 4. Authorize the Mayor to Execute an Employment Contract Renewing the Retention of M. Christine Davi as City Attorney and Amend the City of Monterey's Full-Time Salary Schedule (Human Resources - 501-04) Action: Adopted Resolution No. 15-194 C.S. 5. Adopt Resolution Amending Agreement with Best Best & Krieger, LLP for Commercial Real Estate Legal Services (Plans & Public Works - 704-05) Action: Adopted Resolution No. 15-195 C.S. Other 6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 78 Fisherman’s Wharf (Wharf I Concession #21) Negotiators Chip Rerig and Rick Marvin Negotiating Parties: Anthony R. Rappa Under Negotiation: Lease Amendment Terms and Conditions (Plans & Public Works - 206-03) Action: Appointed negotiators 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Adjacent to National Trust Property 560-570 Munras Avenue (APN 001-581- 021-000) Agency Negotiators: Chip Rerig and Rick Marvin Negotiating Parties National Trust for Historic Preservation in the United States and Uptown Monterey Partners, LLC. Under Negotiation: Terms and Conditions to Authorize a 2nd Amendment to National Trust for Historic Preservation in the United States Ground Lease (Plans & Public Works - 206-03) Action: Appointed negotiators 8. Authorize Mayor to Sign Comment Letter on Potential Revisions to the Monterey Bay National Marine Sanctuary (MBNMS) Management Plan (Community Services - 904-11) Action: Pulled from consent; Discussed; Authorized Community Services Director Bui-Burton spoke about the history of the Monterey Bay National Marine Sanctuary (MBNMS) and the Sanctuary Advisory Council (SAC). 3 City Council Minutes Tuesday, October 20, 2015 Harbormaster Scheiblauer explained the scoping phase of the Sanctuary’s upcoming revision of its MBNMS Management Plan and ensured Council that this will not be the only chance for the City to provide feedback. He gave a presentation outlining proposed comments and recommendations. Councilmember Haffa said that if the artificial reef suggestion is included in the comment letter, he wants the ecological impact to be studied. Harbormaster Scheiblauer said he expected that the Sanctuary would review these impacts. Mayor Roberson suggested that the letter be clear that requesting a sea lion population study does not mean that the City recommends culling sea lions. Mayor Roberson opened the floor for public comment. Brian Nelson, a diver representative to the SAC, spoke in favor of artificial reefs. He said that in the Florida Keys, artificial reefs are a fish population generation machine, and that San Diego has sunk three ships in a formerly barren area, creating fisheries and a destination for divers. He said that artificial reefs take the pressure off natural reefs, and that NOAA has an extensive process for protecting the environment and making sure that ships to be sunk are clean. He encouraged Council to let this letter go forward and said that artificial reefs would not only benefit the diving community and environment, but bring a tremendous amount of travel to the Monterey Bay. Tom Rowley, member of the Chamber of Commerce Government Affairs Committee, said that the Chamber heard a proposal for an artificial reef in Monterey Bay more than five years ago, and said that it was time to move forward. He said that artificial reefs are doable without damaging the bay or the Sanctuary, and suggested changing the language from “an artificial reef” to “one or more artificial reefs.” He said that more communication is needed from the Sanctuary Advisory Council, and spoke favorably about moving toward a Joint Powers Authority to increase accountability to the local community. Mike Ricketts, President of Monterey Commercial Fishermen’s Association, spoke in favor of the proposed comment letter, and said that he supports using science to make decisions. Jody Hansen, President and CEO of Monterey Peninsula Chamber of Commerce, said she wants to see a balanced approach to marine sanctuaries. She said that the SAC’s work is important to the community and local representation is lacking and important, especially with a desalination plant in process to be approved. She commended Harbormaster Scheiblauer for reaching out for input from many stakeholders. Nina Beety said that business will always come first and the environment will always come last and it’s important to have representatives on the SAC from environmental and public advocacy organizations. She said she opposes personal watercraft in the Sanctuary unless it is for rescue personnel. She said that there should be regular reports on agricultural toxins coming into the Bay from the Salinas Valley, and that the Navy should not be exempt from restrictions on sonar impacts. She said she was disturbed at the concept of not advocating for fishing regulations unless the fishing industry agrees. She said that studies of Fukushima radiation impacts and the increasingly polluted and collapsing marine environment should be included. Councilmember Haffa said he would be comfortable with Harbormaster Scheiblauer writing the letter and the Mayor signing it, and said he would like to see peer reviewed science consulted on the artificial reef issue. 4 City Council Minutes Tuesday, October 20, 2015 Councilmember Barrett suggested using active language to advocate for the incorporation of community and citizen input into the MBNMS Management Plan. He said that it is clear that this is a well thought-out letter that has been a long time coming, that we all interact with the Monterey Bay in some way, and this is a healthy dialogue. He said he leaves the wording of the letter up to its authors. He remarked that the radiation concern stood out to him, and wondered if it might be included in the letter. Councilmember Smith said that he liked Mr. Rowley’s suggestion regarding multiple artificial reefs. He said that he is the designated Association of Monterey Bay Area Governments (AMBAG) representative to the Sanctuary Advisory Council, and that in this capacity, he is the only elected official representing roughly 750,000 constituents from San Benito, Santa Cruz, and Monterey counties. He said that appropriately representing so many constituents is impossible and that it is wrong that he is the only representative. He said that we all want a healthy, vibrant, functioning and protected Monterey Bay, and that it’s time to talk about representation on the SAC moving forward. He commented that the issues in Monterey’s draft letter are in alignment with those identified by AMBAG elected officials in their recent letter. He said that the final public scoping meeting will take place on October 23 in Cambria and the deadline to write a letter is October 30. He said that AMBAG will be active in speaking with the local superintendent to identify issues that are important to Council and this community. He said he supports this letter and the issues it highlights. It was moved by Councilmember Downey, and seconded by Councilmember Smith, to authorize the Mayor to sign the comment letter on potential changes to the Monterey Bay National Marine Sanctuary Management Plan. Mayor Roberson introduced a friendly amendment suggesting leaving individual edits to the discretion of the Harbormaster. The motion and friendly amendment 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 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on any items not on the agenda and for the closed session items. Nina Beety said that she received a flyer from PG & E and was surprised to see what amounts to endorsements from her City. She said that PG & E has been responsible for explosions of pipelines and Smart Meters, that there is no fire code for Smart Meter equipment, and that injury settlements take place off the record. She said that no matter what words are written on the flyer, the presence of City officials on the flyer is unprofessional. Paul Edmondson, General Counsel for the National Trust for Historic Preservation, encouraged City Council to authorize the amendment to the National Trust for Historic Preservation ground lease at 560-570 Munras Avenue. He said that the fire pit plaza has been a concern because of the lack of ability to control the area. He that the current allowed uses are restrictive and that a fairly minor amendment to the lease will allow additional commercial uses for that area. Russ Pratt, a partner of Uptown Monterey Partners, also spoke in support of amending the ground lease of the property adjacent to the National Trust Property at 560-570 Munras Avenue, and said it would allow his firm to get to work on providing a solution to the problem. 5 City Council Minutes Tuesday, October 20, 2015 Bill Daniels said his client, Monterey Bay Sailing, was grateful for the opportunity to request lease amendments at 78 Fisherman’s Wharf (Wharf I Concession #21). He said that in offering sailing, his client provides unique opportunities and complements the diversity policies which are characteristic of the Wharf Management Plan. He said that he hopes the lease negotiations will address the time limitations to which his client is subject, which he said are not in place for others. Receiving no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 9. Consider 138 Seafoam Avenue; HP Application 15-227 for a Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Carol Harpster; R-1-6-D1 Zoning District; Exempt from CEQA Requirements Consider 1008 West Franklin Street; HP Application 15-243 for a Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Teresa Hanna; R-1-6 Zoning District; Exempt from CEQA Requirements Consider 492 Clay Street; HP Application 15-332 for a Mills Act Contract and H-2 Historic Zoning; Applicants/Owners Michael and Melanie Cervi; R-3-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Resolutions No. 15-196 C.S., No. 15-197 C.S. and No. 15-198 C.S. and passed three ordinances to print Mayor Roberson briefly explained the requirements of the Mills Act and the rezoning of the properties that would take place if City Council approves. He opened the floor for public comment, and receiving no requests to speak, closed public comments. It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to approve the Mills Act ordinance and resolution as recommended by staff. Councilmember Barrett commented that the recommendations had been thoroughly vetted by the Historic Preservation Commission and the Planning Commission. 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 PUBLIC APPEARANCE 10. Approve Recommendation for Appointment to the Measure P Oversight Committee (Information Resources - 701-04) Action: Appointed Nicholas Cina for a term lasting through the life of the tax measure Mayor Roberson opened the floor for public comment, and receiving no requests to speak, closed public comments. 6 City Council Minutes Tuesday, October 20, 2015 It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to accept the recommendation and appoint Nicholas Cina to the Measure P Oversight Committee. 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 adjourned the meeting for an evening break at 5:28 p.m. He reconvened the meeting at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the recital of the Pledge of Allegiance. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson announced that there was nothing to report from closed session, because the closed session items would be taken up later in the meeting. WATER UPDATE Mayor Roberson said that the October 22 meeting of the Water Authority had been cancelled. He opened the floor for public comment, and receiving none, closed public comments. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments. Sam Rashkin announced a fundraising event to support the One Starfish safe parking program. He said that 20-30% of participants in the program have been able to step back into employment and stable housing. He introduced Jim Nelson of Pass the Word Ministry, the new executive director of One Starfish. Pastor Jim Nelson said that the One Starfish program is celebrating a one year anniversary, and gave an overview of how the program works to improve circumstances in homeless individuals’ lives. He praised Tia Sukin, who he said did a lot of research and leg work to get the program up and running. He said he was glad to have Monterey on board and appreciates the support, and invited everyone to come out and have fun at the anniversary cruise. Esther Malkin, a resident in the Laguna Grande neighborhood, said that there has been a significant uptick in crime in her area, including two daytime break-ins during a 48-hour period recently. She said that private security is being provided to the downtown businesses, and asked what it would take for her neighborhood to receive extra security. She said that after a crime takes place, the Police Department provides more coverage temporarily until an event occurs in another neighborhood. She said she would like more consistent protection in her neighborhood, where she said crime rates seem to be higher than elsewhere in Monterey. She said that she is cancelling out-of-town plans because she feels her neighborhood is not secure. Receiving no further requests to speak, Mayor Roberson closed the public comment period. 7 City Council Minutes Tuesday, October 20, 2015 COUNCIL COMMENTS Councilmember Smith reminded everyone of the Sanctuary Advisory Council meeting taking place in Cambria on October 23. He reported on recent AMBAG and TAMC meetings and mentioned an ad hoc transportation tax being considered for the November 2016 election. Councilmember Barrett said that one of the issues of concern during leasing policy deliberations a few months ago was that the policies might lead to a formula-type business environment on the wharf, which he said was not the intention of the adopted leasing policies. He requested to return to the issue to add language that would give preference to non-formula applications for leases at Wharf 1 specifically, and would be similar to language used by the Santa Monica Pier, which he provided. He said he would like to assure the public that the City Council supports small and locally-owned businesses and entrepreneurs and wants the Wharf to maintain a unique flavor and interesting atmosphere. Councilmember Haffa said he attended the Gentrain Society program on BRAC, which emphasized the importance of advocating for our community and military installations, and of building personal connections between people in our community and people involved in BRAC. CITY MANAGER REPORTS City Manager McCarthy said that Measure P funds would be used to start construction on sidewalks the following week and the City continues to use this tax money wisely. He said that the City performed well during the significant power outage on October 18 but also learned lessons about ways to communicate internally and externally. He said it was a good chance to plan for storms and El Niño, should it come. Mayor Roberson said he appreciates the public safety workers and other staff who kept the City safe during the power outage. PUBLIC APPEARANCE 11. Amend Master Fee Schedule, Resolution 14-132 Fees, Establishing Fees for Wharfage (Community Services - 904-07) Action: Adopted Resolution No. 15-199 C.S. Harbormaster Scheiblauer gave a brief presentation on wharfage fees. On question from Councilmember Smith, he said more local areas such as Santa Cruz and Half Moon Bay did not provide the opportunity for direct comparisons. He said that the matrix for high volume seafood came from the Community Sustainability Plan, and it can be considered an adaptive document which will serve the City for quite a while until such time as further fisheries are developed. Councilmember Barrett said that the comparator ports are proximal to market, processing, a labor pool, and transportation systems, and expressed concern that local fishermen may have increased expenses. Harbormaster Scheiblauer said that wharfage fees are paid by fish buyers and not by fishermen. He said that the infrastructure issue is rapidly evolving, and that locally, basic infrastructure and processing stations are beginning to come back. He said he believes fisheries are developing economically enough to manage this, and said he has not heard a deep concern about this from those buyers and processors, who pay similar fees elsewhere. Mayor Roberson opened the floor for public comment. Gino Pennisi, of Gino’s Fish Market, said that he agrees that wharfage has been low, and is in favor of the proposed fees as long as base rents are kept low, so that in off years, the fishermen can afford to handle the natural lulls. Receiving no further requests to speak, Mayor Roberson closed public comment. 8 City Council Minutes Tuesday, October 20, 2015 It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to accept the staff recommendation and adopt Resolution No. 15-199 C.S. Councilmember Smith said that he hopes there will be more ways City Council can act to sustain and support our current fisheries so the fishing industry and community remain vibrant. Councilmember Barrett said that broadly, when City Council looks at adding and increasing fees, he wants to be cognizant that there is a return to economic activity from which the fee is drawn, and be careful not to inadvertently put downward pressure on business. 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 12. Consider Recommendation to Approve Wharf Master Plan Permit P 15-325 to Allow Replacement of Wylecat 30 Foot Long and 9.5 Foot Wide Sailboat with a 50 Foot Long and 13 Foot Wide Sailboat at Wharf I Concession #21 at 78 Fisherman’s Wharf (Plans & Public Works - 206-03) Action: Amended and Adopted Resolution No. 15-200 C.S. Mayor Roberson said that when the Waterfront Master Plan is in place, it will help direct staff to handle issues like this. Housing and Property Manager Marvin gave a brief presentation and said that the existing Wharf Master Plan requires that requests for replacement boats receive Council review. On question from Mayor Roberson, Housing and Property Manager Marvin clarified the distinction between this item, which requires public Council direction, and the item regarding lease amendment negotiations for the same location, which will be heard in closed session. Councilmember Smith asked: if Concession 18 has a boat present, and a larger boat comes in to Concession 21, would Concession 19 be impacted and unable to pull their boat out? Housing and Property Manager Marvin said that scenario could already happen and still be consistent with the Wharf Master Plan. He said that under this particular proposal, the Wharf Master Plan already permits up to six boats for each concession. He said the City is working within that framework on this request, and that operational issues that may or may not apply would be discussed as part of the lease negotiation. On question from Councilmember Smith, Housing and Property Manager Marvin said that staff has not proposed or contemplated a condition that would say no boat could be moored that would block entrance to the Marina. He said they have only considered having boats in areas where, through lease action, water space has been authorized. Mayor Roberson opened the floor for public comment. Bill Daniels, advocating for Monterey Bay Sailing, clarified that his client’s intent was to apply for a 50x14’ boat, not 13 feet. He said that his client proposed a modifier to be added to the “now, therefore” paragraph of the draft resolution, so it would read “berth a boat at Wharf 1, which is a focus of the MBS lease amendment application.” On question from Councilmember Smith, he said that “permanent” translates to exercise of water space rights policy under the City lease, including loading and unloading, correcting, cleaning, and anything else you do when you berth a boat. He said that he is not aware of any prohibition that bans overnight parking of boats, provided it is parked overnight consistent with the needs of the operator, using reasonable business judgment. Receiving no further requests to speak, Mayor Roberson closed public comment. 9 City Council Minutes Tuesday, October 20, 2015 Housing and Property Manager Marvin said that the additional foot (13’ versus 14’) would not make a difference. He said that the issue of how long the boats are there is subject for discussion in closed session with the lease negotiation. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to approve staff recommendation and adopt Resolution No. 15-200 C.S., with amendment to the description of the sailboat so that it reads 14 feet wide instead of 13. 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 Council adjourned to closed session at 8:02 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Senior Assistant City Clerk Klein announced the following actions from closed session: Item cs1: In a conference with Labor Negotiators regarding Unrepresented Regular Part-time Employees and Unrepresented Part-time Temporary Seasonal Employees, there was a unanimous roll call vote where City Council gave confidential direction to their negotiators. Item cs2: In a conference with Real Property Negotiators regarding Lease Amendment Terms and Conditions for 78 Fisherman’s Wharf 1 (Wharf I Concession #21), there was a roll call vote of 4-1 (Councilmember Downey voting no) where City Council gave confidential direction to their negotiators. Item cs3: In a conference with Real Property Negotiators regarding Terms and Conditions to Authorize a 2nd Amendment to National Trust for Historic Preservation in the United States Ground Lease for the Property Adjacent to National Trust Property at 560 - 570 Munras Avenue (APN 001-581- 021-000), there was a roll call vote of 4-1 (Councilmember Barrett voting no) where City Council gave confidential direction to their negotiators. ADJOURNMENT Mayor Roberson adjourned the meeting at 9:55 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Senior Assistant City Clerk Mayor 10

Agenda

City Council City Council Agenda Clyde Roberson, Mayor Regular Meeting Timothy Barrett, Councilmember Libby Downey, Councilmember Monterey City Council Alan Haffa, Councilmember Tuesday, October 20, 2015 Ed Smith, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m. Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. October 6, 2015 (Information Resources - 701-09) Ordinances ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council. 2. 2nd Reading -- Amend Monterey City Code Chapter 12 Article 3 to Create a Responsible Banking Ordinance (Finance - 406-01) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 3. Adopt a Resolution Amending Resolution #14-132, the Master Fee Schedule, to Increase Outer Mooring/Hoist Fees for Harbor/Marina, Add a CD/DVD Duplication Fee, Delegate Authority for Setting Certain Recreation and Parking Fees and Eliminate Fees for Underground Tank Installation and Monitoring (Finance - 407-06) 4. Authorize the Mayor to Execute an Employment Contract Renewing the Retention of M. Christine Davi as City Attorney and Amend the City of Monterey's Full-Time Salary Schedule (Human Resources - 501-04) 5. Adopt Resolution Amending Agreement with Best Best & Krieger, LLP for Commercial Real Estate Legal Services (Plans & Public Works - 704-05) Tuesday, October 20, 2015 Other 6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 78 Fisherman’s Wharf (Wharf I Concession #21) Negotiators Chip Rerig and Rick Marvin Negotiating Parties: Anthony R. Rappa Under Negotiation: Lease Amendment Terms and Conditions (Plans & Public Works - 206- 03) 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Adjacent to National Trust Property 560 - 570 Munras Avenue (APN 001-581- 021-000) Agency Negotiators: Chip Rerig and Rick Marvin Negotiating Parties National Trust for Historic Preservation in the United States and Uptown Monterey Partners, LLC. Under Negotiation: Terms and Conditions to Authorize a 2nd Amendment to National Trust for Historic Preservation in the United States Ground Lease (Plans & Public Works - 206- 03) 8. Authorize Mayor to Sign Comment Letter on Potential Revisions to the Monterey Bay National Marine Sanctuary (MBNMS) Management Plan (Community Services - 904-11) ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 9. Consider 138 Seafoam Avenue; HP Application 15-227 for a Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Carol Harpster; R-1-6-D1 Zoning District; Exempt from CEQA Requirements Consider 1008 West Franklin Street; HP Application 15-243 for a Mills Act Contract and H- 2 Historic Zoning; Applicant/Owner Teresa Hanna; R-1-6 Zoning District; Exempt from CEQA Requirements Consider 492 Clay Street; HP Application 15-332 for a Mills Act Contract and H-2 Historic Zoning; Applicants/Owners Michael and Melanie Cervi; R-3-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) 2 Tuesday, October 20, 2015 PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 10. Approve Recommendation for Appointment to the Measure P Oversight Committee (Information Resources - 701-04) ***Adjourn to Closed Session (See additional agenda)*** Any person or group desiring to make Public Comments on a Closed Session item may do so by addressing the Council before they adjourn to Closed Session, or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. Council will adjourn to closed session no later than 5:00 p.m. RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m.* * No discussion of a new item will be started after 10:30 p.m. PLEDGE OF ALLEGIANCE ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. 3 Tuesday, October 20, 2015 PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 11. Amend Master Fee Schedule, Resolution 14-132 Fees, Establishing Fees for Wharfage (Community Services - 904-07) 12. Consider Recommendation to Approve Wharf Master Plan Permit P 15-325 to Allow Replacement of Wylecat 30 Foot Long and 9.5 Foot Wide Sailboat with a 50 Foot Long and 13 Foot Wide Sailboat at Wharf I Concession #21 at 78 Fisherman’s Wharf (Plans & Public Works - 206-03) ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. 4 Tuesday, October 20, 2015 UPCOMING MEETINGS AT CITY HALL Oct 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Oct 21 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Oct 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Oct 27 Planning Commission Meeting, Council Chamber - 4:00 pm Oct 28 Oversight Board Meeting, Council Chamber - 7:00 PM Oct 28 Library Board Meeting, Library Community Room - 5:00 PM Oct 28 Council Special Meeting, Council Chamber - 5:00 PM Oct 29 Disabled Access Appeals Board Meeting, Council Chamber - 10:00 AM Nov 3 Council Regular Meeting, Council Chamber - 4:00 PM Nov 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 5 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 10 Planning Commission Meeting, Council Chamber - 4:00 pm Nov 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Nov 17 Council Regular Meeting, Council Chamber - 4:00 PM Nov 18 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Nov 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Nov 19 Zoning Administrator Meeting, Council Chamber - 4:00 pm Nov 24 Planning Commission Meeting, Council Chamber - 4:00 pm Nov 25 Oversight Board Meeting, Council Chamber - 7:00 PM Nov 30 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

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