Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 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: Assistant City Manager, Deputy City Manager Plans and Public Works, Finance Director, Police Chief, Human Resources Director, Interim Library Director, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Parking Superintendent, Harbormaster, Communications and Outreach Manager, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Receive a Presentation on the California State University, Monterey Bay Capstone Project in Conjunction with the Monterey Bay Aquarium Focusing on Litter Impacts in the Cannery Row Area (Plans & Public Works - 802-12) Action: Received report Sustainability Coordinator Terrasas introduced California State University Monterey Bay students Colleen Courtney, Emily Tate, Bree Perry and Sarah Loftus, who gave a brief presentation regarding their capstone project to evaluate litter prevalence in the Cannery Row vicinity. The students recommended adding receptacles in certain "hotspots," creating clear maintenance boundaries, installing a new type of receptacle, and sponsorships by local businesses. Councilmembers expressed their appreciation for the presentation. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Esther Malkin thanked Chief Hober and the Councilmembers who attended their neighborhood meeting. She said that she is glad to see the issue of a warming shelter is on tonight's agenda. Team PPHAT from the Monterey Bay Aquarium Student Oceanography Club gave an update on their service project to paint the utility box in front of the Monterey Public Library, and they thanked their donors. Rosalina "Rosie" Valdez, Suicide Prevention Service-Community Outreach, gave a brief presentation on services offered by her organization. She said that her contact number is 831- 459-9373. Scott spoke in support of renewing the contract for Alan Telfer to run the Tennis Center. Kelly Ventimiglia spoke in support of renewing the Tennis Center contract with Alan Telfer. Lorna Moffett asked the Council to consider an anti-drone ordinance for the City of Monterey as  City Council Minutes Tuesday, December 15, 2015 soon as possible because of the invasiveness, loss of privacy, and threat of terrorism. Having no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Haffa registered a no vote on Item 10, Councilmember Barrett registered a no vote on Items 9 and 10, and Councilmember Smith registered a no vote on Item 8. City Manager McCarthy said that Item 9 has been requested to be removed from Consent for a report. Mayor Roberson said that Item 4 would award $1.1 million for Measure P street resurfacing and Item 5 $7.6 million for sanitary sewer rehabilitation. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, except Items 8, 9, and 10 which are recorded below, the City Council approved the Consent Agenda, except Item 9 which was removed for a report: 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 2. December 1, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 3. Amend Resolution 14-155 for the Energy Conservation Measures at Presidio of Monterey Building 838 Project to Increase Contract Award and Contingency ***PMSA*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-225 C.S. 4. Award Construction Contract for Citywide Street Resurfacing (Slurry) Fall 2015 as Part of the Measure P Street Repair Program ***Measure P *** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-226 C.S. 5. Award a Construction Contract for the Sanitary Sewer System Rehabilitation Program, Package 3, 5, and 6 for D and F-Rated Pipes and Manhole Rehabilitation ***CIP*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 15-227 C.S. 6. Award Construction Contract for Del Monte Grove and Oak Grove Street Improvements (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-228 C.S. Ordinances 7. 1st Reading to Amend Chapter 28 of the Monterey City Code to Authorize the Use of Cooperative Purchasing for Supplies, Services, Materials, and Equipment. (Finance - 405-01) Action: Passed Ordinance to print 2  City Council Minutes Tuesday, December 15, 2015 8. 2nd Reading – Amend Monterey City Code Section 22-29 “Regulation of Smoking in Public Places” to Include Electronic Smoking Devices in the Definition of Smoking and to Prohibit Smoking on Wharf II California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Adopted Ordinance No. 3530 (4-1; Smith voting no) 9. 2nd Reading – Amend Monterey City Code Section 20-74.3 and 20-74.4 Pertaining to Peddling Food from the Public Right-Of-Way California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Removed from Consent; discussed; adopted Ordinance No. 3531 (4-1; Barrett voting no) Mayor Roberson opened the floor for public comment. Bernicia Hernandez, the applicant for the El Volcan food truck, said that she is surprised and saddened by this item. She said that she pays her taxes to the state just as every other business person does. She asked Council not to get rid of the long-term option and give her another location. Associate Planner Roveri, acting as interpreter, gave a brief summary of the applicant's statements. Mr. Zimmerman said that there is no unmet need in the Cannery Row and Downtown areas for additional food service. He said that San Diego has a model that restricts vending in certain areas, but allows it in others, and he is willing to work to find a solution. Lorna Moffett said that this small businesswoman is trying to make it, and she urged Council to help her keep her business. Having no further requests to speak, Mayor Roberson closed public comment. It was moved by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Ordinance No. 3530, amending Monterey City Code Section 20-74.3 and 20-74.4 pertaining to peddling food from the public right-of-way, and to direct staff to work with business associations to identify appropriate locations for longer time periods for food truck operation. Councilmember Downey explained that the motion on this item included direction to staff to work with business associations to identify locations where it would be appropriate for longer time periods of operations. Councilmember Haffa said that Ryan Ranch and Garden Road were specifically identified and he encouraged the applicant to work with staff. Councilmember Smith said that he supported the motion because he believes there are other more appropriate areas than Cannery Row and encouraged the applicant to work with Planning staff. Councilmember Barrett noted that he supported a longer period of time. He applauded Mr. Zimmerman and Cannery Row Company for offering to work with staff on this issue. He said that he wants to make sure the City keeps the door open to entrepreneurs. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Barrett ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. 2nd Reading to Amend Monterey City Code Section 22-39 to Prohibit Medical Marijuana Delivery and Cultivation California Environmental Quality Act: Exempt (City Attorney - 701-11) Action: Adopted Ordinance No. 3532 (3-2; Barrett and Haffa voting no) 3  City Council Minutes Tuesday, December 15, 2015 11. 2nd Reading – Amend Monterey City Code Section 38-129 and Section 38-132 to Allow Above Ground Fuel Storage Tanks; Owner/Applicant: Monterey Salinas Transit, LLC; Mitigated Negative Declaration Proposed (Plans & Public Works - 201-12) Action: Adopted Ordinance No. 3533 Resolutions 12. Award On-Call Traffic Engineering Services Professional Service Agreements (Plans & Public Works - 405-04) Action: Adopted Resolution No. 15-229 C.S., Resolution No. 15-230 C.S., and Resolution No. 15-231 C.S. 13. Authorize the City Manager to Sign Addendum 2 to the Monterey County Regional Taxi Authority Joint Powers Agreement to Include the City of Marina as a Party to the Agreement (Police - 704-05) Action: Adopted Resolution No. 15-232 C.S. 14. Authorize the City Manager to Enter into an Agreement with the Monterey Peninsula Water Management District and Appropriate Funds for the Monterey Regional Water Recovery Study Project California Environmental Quality Act: Exempt (Plans & Public Works - 409-05) Action: Adopted Resolution No. 15-233 C.S. 15. Authorize an Appropriation of Funds from the Tidelands Trust Fund and the Marina Fund for Boat Engines and Repairs, Wharf II Repairs, and On-Call Structural Engineering Services for Wharf II (Community Services - 904-01) Action: Adopted Resolution No. 15-234 C.S. 16. Extend the Current Locals Parking Program in the Cannery Row Garage and Waterfront Attendant Parking Lot Through December 31, 2017 (Community Services - 901-06) Action: Adopted Resolution No. 15-235 C.S. 17. Reject All Bids for Bulk Gasoline, Diesel and Red Dye Diesel Fuel and Authorize Staff to Re- advertise for Bid (Plans & Public Works - 405-05) Action: Adopted Resolution No. 15-236 C.S. 18. Adopt Amendment to the Memorandum of Understanding with the Monterey Fire Fighters’ Association (MFFA) and Authorize an Appropriation of Funds (Human Resources - 507-04) Action: Adopted Resolution No. 15-237 C.S. 19. Amend Resolution 15-120 Changing the Position Control List by Enacting the Following Staffing Changes in the Library Department: Delete 1.0 Full-time Equivalent (FTE) Automated Systems Coordinator; Add 0.25 Administrative Assistant II, Add 0.375 FTE Fund Development Coordinator; Modify three Library Assistant I positions to Three Library Assistant II Positions as a Result of Reclassification of the Incumbents (Library - 701-13) Action: Adopted Resolution No. 15-238 C.S. 20. Authorize Sole-Source Purchasing for Groundfish Fishing Rights (Community Services - 904- 01) Action: Adopted Resolution No. 15-239 C.S. 4  City Council Minutes Tuesday, December 15, 2015 Other 21. Approve Policies and Procedures Manual Revisions for the Neighborhood Improvement Program for Calendar Year 2016 (Plans & Public Works - 808-01) Action: Continued to January 19, 2016 On a motion by Councilmember Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to January 19, 2016: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 22. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code 54956.8; Property: 401 Pearl Street (Monterey Tennis Center); Negotiators: Chip Rerig, Rick Marvin and Janna Aldrete; Negotiating Parties: Alan Telfer; Under Negotiation: Price and Terms of Concession Agreement (Plans & Public Works - 704-10) Action: Appointed negotiators 23. Appoint the Vice-Mayor for 2016 (Information Resources - 701-04) Action: Appointed Vice-Mayor Downey, effective January 1, 2016 ***End of Consent Agenda*** PUBLIC APPEARANCE 24. Receive Report on Winter Homeless Needs and Approve Funding for Monterey Homeless Challenge and Temporary Shelter Needs (City Manager - 101-01) Action: Adopted Resolution No. 15-240 C.S. City Manager McCarthy presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Jimmy Richard, Program Coordinator for I-Help Monterey, gave a brief report on the success of their program and said they plan to coordinate with Homeless Solutions to create a stationery shelter. Reyes Bonilla, Executive Director of Community Homeless Solutions, said that the County is going to give $38,000 for a warming shelter, the total budget will be about $90,000, and his organization will act as advisors. He supported the recommendation. Marlene Perfecto-Huckleberry said that she is homeless and has been unable to get help. She said that she could run a shelter and suggested that people look at the Federal guidelines and work together for a solution. Carol Erickson, volunteer for Gathering Place for Women, said that compassion for the problem of homeless women is long overdue. She supported opening a warming shelter in a City building. Mary Eileen Canary, nurse practitioner and representing the Gathering Place for Women, fully supported the idea of a warming shelter, and said that the issues can be addressed. Karen Araujo, I-Help, supported the recommendation and said that her organization is committed to working on this program. 5 City Council Minutes Tuesday, December 15, 2015 Lorna Moffett thanked the Councilmembers for their efforts. She said that in New Zealand everyone has a free home and it is illegal to be homeless there. She said that the ordinance not allowing people to sleep in their car is illegal and must be rescinded. Brian Bajari, Pass the Word founding member, supported the warming shelter and the staff recommendation. Jen Weathers said that she is in awe of the service providers and spoke in support of the recommendation. Cindy Stores, Pastor of Monterey United Methodist Church, said that she plans to go forward with their appeal and to be a warming shelter. Jim Nelson, One Starfish, said that more than one location might be needed for a warming shelter. Carl Braginsky, Salvation Army, said that his organization will help in any way they can. Betsy Wilson, Mid Pen Housing Corporation, spoke in support of the recommendation. It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to receive the report on Winter Homeless Needs and approve funding for Monterey Homeless Challenge and Temporary Shelter Needs. Councilmember Downey said that Monterey has spent $247,000 over the past years and she is proud. She clarified that we still do not know the cause of death for the two individuals who passed away recently. Councilmember Barrett conveyed condolences to the friends and families of the two who have passed and he hopes the situation does not happen again. He said $250k is not that much over three to four years. Councilmember Smith clarified that it is illegal to sleep in a car due to some health and welfare issues. He said that it is tragic that people make poor choices for themselves and reject help that is extended. He said that this Council can do their part, but cannot solve the problem. Mayor Roberson expressed appreciation. Councilmember Barrett said that while statistics show that homelessness is on the decrease nationwide, it is on the increase in Monterey County. 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 5:44 p.m., then reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Councilmember Barrett said that the first twelve people to speak will leave with a candy cane in the spirit of the season. Mayor Roberson reopened public comment on items not on the agenda. Maxwell Green said that he was disappointed in the way the Marijuana issue was presented at the last meeting, saying that most of the information on the item was presented after public comments. Emily Goodwin, Ygrene Energy, said that they are expanding their residential and commercial loan program. She introduced Jimmy Ferrera, Applied Solar Energy. Mr. Ferrera 6 City Council Minutes Tuesday, December 15, 2015 spoke in support of Ygrene and their financing programs. Marlene Perfecto-Huckleberry voiced concerns regarding the Christmas party for the homeless and asked who is doing it this year. Having no further requests to speak, Mayor Roberson closed public comments. WATER UPDATE Councilmember Downey reported that MRWPCA has now signed agreements with all of the entities involved in the water recycling project. She said everything has been finalized except the agreement with CalAm. She said that a letter will go to the Water Authority asking for assistance with CalAm. She reported that they also voted to continue the Water Authority until the CDO is finalized and all three legs of the stool are completed. Councilmember Haffa reported that the FORA board supported funding and an MOU with MRWPCA and Monterey County Water District on the Pure Water Reclamation project. He said the Marina Coast has been requesting rate increases to fund a second Desal project, but an MOU has been signed that the funding cannot be used for a project that would interfere with our desal or legal fees. COUNCIL COMMENTS Councilmember Smith said that he was excited to hear from the speaker about Ygrene, and there is additional information coming from AMBAG. He said that while he could not attend the TAMC meeting, staff reported that the roundabout was approved and construction will start after Winter. He said he attended a party to honor the Boards and Commissions for their service. Councilmember Barrett supported Mr. Smith's comments and said that he is also excited about the PACE program. He said that the RFP should include an analysis on local hires. He said that the City is continuing the update of the Housing Element, which was heard at the Planning Commission. He said it seems that the report is the same as last time without changes in spite of recommendations that were made. He said that this seems to be more of a bureaucratic process, and it is not beneficial if we only meet the minimum requirements. Mr. Barrett stated that he would like to review the revision process and connect it to tangible results and achievable goals. He voiced concerns regarding having two agenda reports on the same item where one is based on studies and facts and one is based on opinions and arriving at two different conclusions. He asked for congruence. Councilmember Downey thanked OMBA and Rick Johnson for the Christmas Tree Lighting ceremony at Colton Hall. She reported on the recent Tuba Christmas Program. She wished everyone Happy Holidays. Councilmember Haffa wished everyone Merry Christmas, Happy Hanukkah, and Happy Kwanza. He reported on the neighborhood meeting with Laguna Grande neighborhood association regarding crime. He said that this is the time of year that neighborhood associations begin looking a potential projects for submission to NIP, and he reviewed how people might participate. Councilmember Haffa said that affordable housing for residents is an important issue that he would like staff and Council to look at in the coming months. Mayor Roberson said that he was the guest conductor at the Tuba concert, and it was a great event. He said he recently talked with eighth graders at Walter Colton Middle School, and he gave them a shout out. 7  City Council Minutes Tuesday, December 15, 2015 CITY MANAGER REPORTS City Manager McCarthy announced that the fountain at Custom House Plaza has been completely removed and brick is being laid to create a flat surface to host events. He said that the City will be constructing a large tent there in January. He reminded everyone that some departments at City Hall would be closed during the week between Christmas and New Year's. He said that the January 5 City Council meeting is cancelled, and the next meeting will be January 19th. PUBLIC APPEARANCE 25. Provide Policy Direction on Beekeeping (CEQA – Not a Project) (Plans & Public Works - 201- 12) Action: Directed staff to draft an Ordinance that will allow beekeeping With tongue firmly planted in cheek, City Manager McCarthy noted that there has been a lot of buzz on this issue, spoke about a recent sting, and introduced Chief of Planning Rerig who presented the staff report. Mayor Roberson opened public comment on the item. Mike Dawson said that he is not a bee keeper, but does have fruit trees, tomatoes, and berries, which all depend on bees. He said that this is not a big issue and he does not believe neighborhoods will have a lot of interest. He suggested that staff move forward with an ordinance. David Wetrock, Pacific Grove resident, said that he has one hive on a 3,600 square foot lot, and it is fun to watch the bees go out to forage and come back. He said that there are bee keepers in every city in Monterey County. He reviewed the benefits of keeping bees in the area. Richard Hambly, stealth bee keeper, showed Council a jar of raw honey and a bee frame, in which the bees build their cells. Having no further requests to speak, Mayor Roberson closed public comment on the item. It was moved by Councilmember Smith, and seconded by Councilmember Barrett, to approve the staff recommendation to direct staff to draft an ordinance to allow Beekeeping. Councilmember Downey said that the Ordinance could be crafted as mentioned in the attachment to the agenda report that will allow any issues to be dealt with as a nuisance. Councilmember Haffa suggested that staff consider a setback requirement and a limit on the number of hives, as well as treating any issues as a nuisance. Councilmember Smith said it will be important to have language that would allow for enforcement, but with no permit necessary. Mayor Roberson said he is supportive and does not want this issue to be micromanaged. He suggested mailing a draft of the Ordinance to neighborhood associations as public outreach. 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 8  City Council Minutes Tuesday, December 15, 2015 Council adjourned to a meeting of the Successor Agency of the Redevelopment Agency. SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 26. Amend SA/RDA Resolution No. 864 to Revise Successor Agency Long Range Property Management Plan to Indicate Property at 300 Pacific Street shall be Transferred to the City of Monterey and Retained for Future Development Pursuant to Health and Safety Code Section 34191.5 (c)(2)(A) (Plans & Public Works - 206-03 HSG) Action: Adopted SA/RDA Resolution No. 865 Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. Chair Roberson opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Director Haffa, seconded by Director Downey, and carried by the following vote, the City Council adopted SA/RDA Resolution No. 865, amending SA/RDA Resolution No. 864 to revise the Successor Agency Long Range Property Management Plan to indicate property at 300 Pacific Street shall be transferred to the City of Monterey and retained for future development pursuant to Health and Safety Code Section 34191.5 (c)(2)(A): AYES: 5 DIRECTORS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The Successor Agency adjourned back to the City Council meeting. OTHER BUSINESS 27. Appoint 2016 Representatives to Outside Agencies and Subcommittees (Information Resources - 701-04) Action: Appointed representatives Councilmember Haffa said that he has a scheduling conflict with the North Fremont Business Association and asked if anyone would like to take it on. He said he would be interested in serving on the Board of MST in the future. Councilmember Smith said that he would like to stay with the same committees he is assigned to now. Councilmember Barrett said he would consider North Fremont after he checks his schedule. Mayor Roberson asked if Councilmember Downey would be interested in attending the Water Authority meetings, and she said that she is willing to do that. Councilmember Smith said that he would consider being an alternate to the Water Authority. Ms. Downey suggested that the Mayor should be the alternate because he is the Mayor and Councilmembers agreed. Mayor Roberson said that he is willing to step down from the Board and Commission Appointment Committee. Councilmember Downey said that she would be willing to do it, and Councilmember Barrett agreed to participate as well. 9 City Council Minutes Tuesday, December 15, 2015 Mayor Roberson volunteered to serve on the Laguna Grande JPA. Councilmember Smith said that he would be glad to attend the NIP subcommittee from time to time, but his schedule is too full to be formally appointed. He supported the Mayor as the representative. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the appointment of 2016 representatives to outside agencies and subcommittees, keeping the past appointments in place with only the following changes: Councilmember Downey as the representative to the Monterey Peninsula Regional Water Authority and Mayor Roberson as the alternate; Mayor Roberson as the representative on the Laguna Grande JPA; Councilmembers Downey and Barrett as the Board and Commission Appointment Subcommittee and Mayor Roberson as the representative to the NIP Subcommittee: 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 Mayor Roberson opened public comments on the closed session item, had no requests to speak, and closed public comment and adjourned the meeting to closed session at 8:37 p.m. ANNOUNCEMENTS FROM CLOSED SESSION At 8:45 p.m. Information Resources Director/City Clerk Gawf announced that in a conference with real property negotiators regarding property at 401 Pearl Street; agency negotiators Chip Rerig, Rick Marvin and Janna Aldrete; negotiating party Alan Telfer; under negotiation: price and terms of concession agreement, the City Council gave confidential direction to their negotiators. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10