Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 17, 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, Police Chief, Human Resources Director, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Engineer, Human Resources Analyst, Principal Engineer, Communications and Outreach Manager, Reader Services Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. and recognized the young people from the Student Oceanography Club who were in the audience. The Mayor requested a moment of silence in honor of the people who were impacted by the terrorist attacks in Paris. PRESENTATIONS 1. Police Chief Presentation to Council on Staffing and Police Activity (Police - 101-01) Action: Received and discussed report City Manager McCarthy introduced Chief Hober who gave the presentation and answered Councilmembers' questions. Councilmember Haffa said that when the Police Department staffing is at capacity, he would like Council to reconsider the practice of funding the current program that supplements security in the Downtown area. Councilmember Barrett said that he would like to consider expanding the Community Action Team program. Councilmembers expressed their thanks to the police officers. CONSENT ITEMS Mayor Roberson said that Councilmembers have requested removal of Items 8 and 11 from the Consent agenda. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda except Items 8 and 11, 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  City Council Minutes Tuesday, November 17, 2015 Approval of Minutes 2. November 3, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Award a Contract for the Purchase of a Used Portable Backup Generator (Plans & Public Works - 604-02) Action: Adopted Resolution No. 15-207 C.S. 4. Award Construction Contract for the Cypress Park ADA Access to Tot Lot and Cypress Park - Repairs & Upgrades Project ***NIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-208 C.S. 5. Award a Construction Contract for the Custom House Plaza Pavilion Project (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-209 C.S. 6. Award a Contract for On-Call Landscape Maintenance ***NIP*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-210 C.S. Resolutions 7. Authorize the City Manager to Enter into a Memorandum of Understanding with the City of Salinas for Grant Funding Reimbursement for Police Department Participation in the 2015/2016 “Avoid the 20 DUI Campaign” in Monterey and San Benito Counties (Police - 704-05) Action: Adopted Resolution No. 15-211 C.S. 8. Approve Special Event Grant Program Funding for Fiscal Year 2015-2016 (Community Services - 302-06) Action: Removed from Consent; discussed; amended and adopted Resolution No. 15-212 C.S. Councilmember Haffa asked if it would be possible to fully fund Guitars Not Guns. Mayor Roberson opened public comment. Steve Vagnini, representing Guitars Not Guns, thanked Council for the funding, noting that they were not recommended for full funding of their event. He said that the event also benefits women and that their event will not be subsidized by the Golden State Theater. He asked to be funded at 100% of the $5,000 request. With no further requests to speak, Mayor Roberson closed public comment on the item. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council amended and adopted Resolution 15-212, approving the Special Event Grant program funding for Fiscal Year 2015-2016, with an additional $1,000 awarded to fully fund Guitars Not Guns: 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, November 17, 2015 9. Amend Resolution 14-015 to Update the Administrative Fine Schedule for Violations of the Massage Ordinance (Police - 704-05) Action: Adopted Resolution No. 15-213 C.S. 10. Amend Resolution 15-120 Changing the Position Control List by Adding One Overfill Harbor Security Worker Position in the Harbor Division Until June 30, 2016 (Community Services - 501-05) Action: Adopted Resolution No. 15-214 C.S. 11. Adopt a Resolution Amending Resolution #14-132, the Master Fee Schedule, to Increase Outer Harbor Mooring/Hoist Fees for Harbor/Marina, add a CD/DVD Duplication Fee, Delegate Authority for Setting Flat Rate Parking Fees and Eliminate Fees for Underground Tank Installation and Monitoring (Finance - 407-06) Action: Removed from Consent; discussed; adopted Resolution No. 15-215 C.S. Councilmember Barrett said that he would like to hear thoughts from his fellow Councilmembers. On request, City Manager McCarthy and Parking Superintendent Dalton explained the flat rate parking program. Councilmember Downey voiced concerns that the program might be detrimental to short-term parkers. Councilmembers discussed the proposed program. On question, Harbormaster Scheiblauer addressed the proposed increase for Harbor Moring rates. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 15-215 C.S., amending Resolution #14- 132, the Master Fee Schedule, to increase outer harbor mooring/hoist fees for Harbor/Marina, add a CD/DVD duplication fee, delegate authority for setting flat rate parking fees and eliminate fees for Underground Tank Installation and Monitoring: 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. Amend Resolution 15-120 Changing the Position Control List by Deleting One Administrative Assistant II position and Adding One Human Resources Specialist in the Human Resources Department (Human Resources - 502-03) Action: Adopted Resolution No. 15-216 C.S. Other 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Iris Canyon Road (001-761-044-000); Negotiators: Chip Rerig and Dino Pick; Negotiating Parties: Eric Peterson; Under Negotiation: Easement Grant (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. A team of young people representing the Monterey Bay Aquarium Student Oceanography Club described their current project of painting art to encourage people to save the ocean. 3  City Council Minutes Tuesday, November 17, 2015 Frank Sollecito, President of the Old Monterey Foundation, invited everyone to an auction and reception on December 5 to raise money to repair Monterey's Christmas angels. He thanked the Seaside High woodshop instructor for cutting the frames. Esther Malkin said that Monterey residents are very lucky to have their police force. She thanked Chief Hober for his work on various homeless issues. Doug Thurston, Race Director for the Monterey Bay Half Marathon, gave a report on their recent 13th half-marathon. Eric Peterson, SRM Development and developer for property adjacent to Del Monte Shopping Center, spoke in support of the easement that was to be discussed during closed session. A gentleman who works at a market in the community noted that there are people who are down and out who are homeless, and there are those who could be working, but instead use the kindness of others. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 14. Approve a Supplemental Appropriation, a Transfer of Funds and Award the Construction Contract for the Frank Sollecito Artificial Turf Improvements Project (Plans & Public Works - 704-06) Action: Received report, discussed, adopted Resolution No. 15-217 C.S.; adopted Resolution No. 15-218 C.S., and re-appropriated previously approved funds Local Health Officer Moreno said that he worked with Mr. Krebs to initiate his review of the artificial turf issue. He said that based on the studies available, there is no evidence of health impacts from using crumb rubber. He said that some studies found some chemicals, but not in amounts that would create significant health concerns. He noted that these are not studies that look at actual health outcomes, and he could not find such a study that would be more definitive. He said that health officials are in the process of creating more robust studies. He said that data on crumb rubber to date is not sufficient to make a conclusion that there is a risk of public health impact. Councilmember Downey explained that Dr. Moreno is the doctor for the entire County of Monterey. Mayor Roberson opened the meeting for public comments. Michael Groves, EMC Planning Group President and Monterey High School Baseball Coach, introduced Carter Aldrete who has signed a letter of intent for Arizona State. He acknowledged staff for a great job of getting the information and said that Council is very lucky to have Mr. McCarthy as a City Manager, as well as several other staff. He spoke in favor of moving forward on the project. He asked supporters to stand, and approximately a dozen people stood. He noted that this project was started as a safety issue. With no further requests to speak, Mayor Roberson closed public comment. On question Parks Operation Manager Marcuzzo explained that geese don't visit areas where artificial turf is installed because there is no grass to eat. On question, City Manager McCarthy explained some benefits of the artificial turf, including reduced ongoing maintenance, reduced water consumption, and potential safety advantages. On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council amended and adopted Resolution No. 15-217 C.S., approving a supplemental appropriation, a transfer of funds and awarding the construction contract for the Frank Sollecito artificial turf improvements project: 4  City Council Minutes Tuesday, November 17, 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 Mayor Roberson called a recess at 5:32 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m. and said that Item 15 would be addressed at the end of the open session. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 15. Receive Report on State of California Department of Finance Review of Successor Agency of the City of Monterey Redevelopment Agency Long Range Property Management Plan (Plans & Public Works - 206-03) Action: Received and discussed report This item was heard as the last item of the evening session. Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. He outlined the next steps, beginning with a meeting with the Department of Finance on November 24th. It was moved by Councilmember Haffa, and seconded by Mayor Roberson, to receive the report on State of California Department of Finance review of the Successor Agency of the City of Monterey Redevelopment Agency Long Range Property Management Plan. 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 WATER UPDATE There was no water update. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened public comment on items not on the agenda. Kevin Miller, Pacific Grove resident, gave a brief history lesson on Hippolyte Bouchard, a pirate whose forces occupied Monterey. He asked the Council to proclaim November 20th as Bouchard Day. A speaker who did not identify herself asked what the primary differences are that will assure that the Sanctuary will not have another black water or green water event with the arrival of cruise chips. Pilar Grand said that in 2003 cruise ships dumped sewage in the bay. She asked how this disaster is not going to happen again. Mayor Roberson asked the speaker to email him so he could put her in touch with the Sanctuary or Harbormaster regarding her question. 5  City Council Minutes Tuesday, November 17, 2015 COUNCIL COMMENTS Councilmember Downey reported on the $137,000 dollars raised by the Salvation Army, plus auction items for the homeless. She said that at the next meeting she will talk about the ability of local banks to handle government accounts. Councilmember Barrett reported on the recent Monterey Business Expo that he attended. He said that non-profits were represented there, such as Meals on Wheels, and they are looking for volunteers. He said that the Boys and Girls Club was represented, and they make Christmas donations for needy families. He urged people to contact them. He said that every eight years the County allows an update of the Housing Element, and there is a public meeting on that topic on Monday, November 23rd at City Hall. He thanked volunteers and staff who came together as a committee to address community housing concerns. Councilmember Smith thanked the participants in the Big Sur Marathon event. He reported that last week the Council participated in a goal setting and he participated with the MCCVB in an important meeting. CITY MANAGER REPORTS City Manager McCarthy reported that the Custom House Plaza fountain removal has started and it has gone so well that there is no need to close the tunnel tonight, as was previously thought. PUBLIC APPEARANCE 16. Award a Construction Contract for the Monterey Conference Center Renovation Project, Including the Portola Plaza Renovation Project California Environmental Quality Act: Exempt (Plans & Public Works - 405-04) Action: Received report, discussed, and adopted Resolution No. 15-219 C.S. Mayor Roberson introduced the item and gave a brief summary. City Manager McCarthy emphasized the importance of the project, and explained that the Convention and Visitors Bureau has agreed to reduce the City's annual contribution to them to fund the gap between the estimated costs of the project and the actual bid amount. Community Services Director Bui Burton presented the staff report and answered Councilmembers' questions. Finance Director Forbis explained the proposed funding for the renovation, including loans from other City funds and how they will be paid back. Councilmember Haffa expressed interest in making sure that the City Council is kept apprised of the repayment schedule and progress. Ms. Bui Burton asked Council to award the construction contract to Stronghold Engineering, authorize a 10% contingency, reject the bid protest, and authorize allocations of $670,000 gas tax. Mayor Roberson opened public comment on the item. Ron Cheshire, Monterey Building Construction Trades, said that he is a sixty-year resident of Monterey and understands the importance of the project. He said it is unfortunate that a project of this size will not have much local participation. He said that he understands why the City is doing this, but the circumstances are too bad. Rick Aldinger, Chair of MCCVB, expressed his appreciation of the City's cooperative relationship with his organization. He said that his board voted unanimously to support this proposal. 6 City Council Minutes Tuesday, November 17, 2015 Camille Malcolm, small business owner, commended the City for their foresight in investing in projects like the Aquarium and Conference Center. She supported the staff recommendation. Having no further requests to speak, Mayor Roberson closed public comment on the item. Councilmember Downey congratulated the staff on the development of the financing plan. It was moved by Councilmember Downey, and seconded by Councilmember Smith to adopt Resolution 15-219 C.S., awarding the construction contract for the Monterey Conference Center Renovation project, including the Portola Plaza Renovation project, to Stronghold Engineering, authorizing a 10% contingency, rejecting the bid protest, and authorizing allocations of $670,000 gas tax. Councilmember Haffa thanked the members of the MCCVB Board for working with City staff to find a solution. Councilmember Barrett expressed his excitement about moving forward on this project. He expressed the desire to be able to utilize local workforce, and he asked that in the future he would like to receive more details in the packet about the bidders’ plans for engaging that workforce. Councilmember Smith agreed, noting that there are competent subcontractors available. He noted the significance of the building and the importance of renovating it. He offered kudos to previous City Councils. 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 called a recess at 7:49 p.m., then reconvened the meeting at 8:00 p.m. ***Adjourn to Closed Session*** After hearing Item 15, Council adjourned to closed session at 8:31 p.m. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 9:13 p.m. in honor of Councilmember Barrett’s mother, Donna June Gillette Barrett, a woman who lived in grace and gratitude, and who passed in her Monterey home during the morning hours of November 11th. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following from the closed session: An agendized public employee performance evaluation of the City Attorney was not discussed, and no action was taken. The City Council gave unanimous confidential direction to their counsel in a conference with legal counsel regarding anticipated litigation, significant exposure to litigation, one potential case regarding a River Watch Federal Clean Water Act claim. 7 City Council Minutes Tuesday, November 17, 2015 The City Council gave unanimous confidential direction to their counsel in a conference with legal counsel regarding existing litigation: name of case: Ray vs. City of Monterey, a Workers’ Compensation Appeals Board case. The City Council gave unanimous confidential direction to their negotiators in a conference with real property negotiators regarding property located on Iris Canyon Road (APN 001-761- 044-000). Agency Negotiators are Chip Rerig and Dino Pick, negotiating party is Eric Peterson, and under negotiation are the terms and conditions for a potential easement grant Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8