Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 2, 2016 4:00 - 6:00 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, Interim Library Director, Chief of Planning, Engineering, and Environmental Compliance , Housing & Property Manager, Principal Planner, Principal Engineer, Communications and Outreach Manager, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:13 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Dan Presser announced that the Veterans Transitions Center will host a veteran's stand-down again this year on August 19th through 21st, where various services will be offered. He asked for volunteers, money, and clothing to support veterans. Brian Turlington, Executive Director of Monterey County Business Council, said that a little over two years ago the Business Council trademarked "Language Capitol of the World." He said that due to subsequent events and publicity, a lease was executed for a space on Munras, which will provide additional good, high- paying jobs. He complimented the Dean of Middlebury and the Deputy City Manager for their work on this. PRESENTATIONS 1. Presentation on the Bicentennial of the 1818 Battle of Monterey (Not a Project Under CEQA per Article 20, Section 15378 (b)(5)) (City Manager - 101-01) Action: Received report Michael Sovereign, Colton Hall Museum/Cultural Arts Commissioner, gave the presentation and asked the City to join the upcoming celebration of the 1818 Battle of Monterey. Mayor Roberson read a proclamation in commemoration of the battle. 2. Transportation Agency of Monterey County (TAMC) Proposal for Sales Tax Measure and Draft Transportation Investment Plan (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 403-01) Action: Received report  City Council Minutes Tuesday, February 2, 2016 Debbie Hale, Executive Director of TAMC, presented the Transportation Investment Plan and answered Councilmembers' questions. Mayor Roberson opened public comment on the presentations. Chris, Monterey resident and cyclist, supported the TAMC Fort Ord Rec Trail and Greenway (FORTAG) plan. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Smith asked to remove Item 6 for a staff report. 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 6, which was removed for a staff 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 3. January 19, 2016 (Not a Project Under CEQA per Article 20, Section 15378 (b)(5)) (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award a Contract for Bulk Gasoline, Diesel and Red Dye Diesel Fuel (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061.) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-008 C.S. Ordinances 5. 2nd Reading – Amend Monterey City Code Chapter 12, Section 2(d) and add Chapter 1, Section 8.3 regarding the Requirement for the Finance Director and City Clerk, Respectively, to File Either a Bond or Insurance in Favor of the City (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 701-11) Action: Adopted Ordinance No. 3535 Resolutions 6. Award of Design Services for the North Fremont Bike and Pedestrian Access and Safety Improvements Project (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Plans & Public Works - 409-02) Action: Removed from Consent; discussed; adopted Resolution No. 16-009 C.S. Associate Civil Engineering Renny presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comments. 2  City Council Minutes Tuesday, February 2, 2016 On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 16-009, awarding design Services for the North Fremont Bike and Pedestrian Access and Safety Improvements Project: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. Authorize an Appropriation of $60,000 from the Tidelands Trust Fund and $30,000 from the Marina Fund for the Purchase of Portable Interlocking Steel Pontoons (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-01) Action: Adopted Resolution No. 16-010 C.S. 8. Appropriate Donation Funds in the 2015-2016 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Library - 406-04) Action: Adopted Resolution No. 16-011 C.S. Other 9. Provide Guidance Concerning 2016 Neighborhood Improvement Plan Objectives (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 808-01) Action: Provided direction to the NIP ***End of Consent Agenda*** WATER UPDATE Councilmember Downey reported that CalAm has reversed its recommendation, and now favors the smaller desal plant combined with the reclaimed water project. Councilmember Haffa asked that Council consider a resolution to be forwarded to the CPUC opposing the imposition of the $40 million claw-back by CalAm, and Councilmember Downey agreed. Councilmember Smith echoed the idea. Mayor Roberson suggested checking to see if the Water Authority would have their attorney conduct a legal analysis of the issue. COUNCIL COMMENTS Councilmember Downey reported on the recent ceremony at Monterey High honoring three NFL players who were former students. Councilmember Barrett said that he has heard concerns over the fees charged by the City for services, specifically whether the fees suppress business in the City. He requested that City conduct an analysis on reduction of fees by 15%, 20%, and 40% in about three months. Mayor Roberson said that the matter of possibly reducing fees that discourage environmental and other benefits to the community has been discussed, and he supports considering the fees. Councilmember Smith reported that he attended yesterday's rail subcommittee meeting for TAMC. He said that he attended a neighborhood meeting and concerns were raised in regard to the Soledad-Munras intersection. He thanked the CERT member who came out in response to the storm, as well as the public safety personnel. 3  City Council Minutes Tuesday, February 2, 2016 Councilmember Haffa said he would be interested in reviewing the cost-benefit aspect of the fees being charged, using environmental benefits of water saving measures as an example. Mayor Roberson reported on the New Monterey Neighborhood meeting last night, where Mr. McCarthy addressed the neighborhood. The Mayor said that he received many positive comments from the neighbors. CITY MANAGER REPORTS City Manager McCarthy reported on the recent storm response. He said that HBO filmed portions of a new series in the area a couple of weeks ago and plans to return in the future. He reported that sewer rehabilitation work will begin soon. The Council adjourned to a meeting of the Successor Agency to the RDA. 10. Authorize the Chair of the Successor Agency to the City of Monterey Redevelopment Agency to Execute an Agreement that will Assign the Dissolved Redevelopment Agency's Interest in the 300 Pacific Street Ground Lease to the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 (b)(5)) (Plans & Public Works - 206-03) Action: Adopted SA/RDA Resolution No. 866 On a motion by Chair Roberson, seconded by Director Haffa, and carried by the following vote, the Successor Agency adopted SA/RDA Resolution No. 866, authorizing the Chair of the Successor Agency to the City of Monterey Redevelopment Agency to execute an agreement that will assign the dissolved Redevelopment Agency's interest in the 300 Pacific Street ground lease to the City of Monterey: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The Successor Agency adjourned back to the City Council meeting. PUBLIC APPEARANCE 11. Authorize the Mayor to Execute an Assignment and Assumption Agreement under which the Successor Agency will assign to the City of Monterey, the Former Redevelopment Agency's Interest in the 300 Pacific Ground Lease (Not a Project Under CEQA per Article 20, Section 15378 (b)(5)) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 16-012 C.S. Housing and Property Manager Marvin presented the staff report and answered Councilmembers' questions. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-012 C.S., authorizing the Mayor to execute an assignment and assumption agreement under which the Successor Agency will assign to the City of Monterey, the former Redevelopment Agency's interest in the 300 Pacific Ground Lease: 4  City Council Minutes Tuesday, February 2, 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 12. An Urgency Ordinance of the City of Monterey to Amend Zoning Code Section 38-126 to Address the Shelter Crisis by Principally Permitting Safe Parking Program in Designated City Parking Lots and Setting Forth the Facts Constituting Such Urgency (CEQA: Exempt Article 18, Section 15269(c)) (City Attorney - 701-11) Action: Adopted Urgency Ordinance No. 3536 Mayor Roberson introduced the item, and City Manager McCarthy gave an overview, thanking Community Services Director Bui-Burton for her work. Mayor Roberson opened public comment on the item. Linda Frederickson thanked the Councilmembers and Mayor for their time and effort. Tia Sukin thanked the Council for finding a viable location. Pastor Jim Nelson, One Starfish, said that the Starfish program would not exist without the City of Monterey. He thanked the staff for their work and said they look forward to this opportunity. Sam Rashkin thanked the City Council and staff for working with One Starfish. Tim Stejskal, Monterey resident, said that the Soledad-Munras residents are doing their part to address the situation in their neighborhood. He reported that they met with Shoreline Church representatives, and he is hopeful that an application for a permit will be forthcoming. With no further requests to speak, Mayor Roberson closed public comments on the item. Councilmember Haffa thanked Mr. Stejskal for his work with Shoreline, and he thanked staff. It was moved by Councilmember Barrett, and seconded by Mayor Roberson, to adopt Urgency Ordinance No. 3536 to amend Zoning Code Section 38-126 to address the shelter crisis by principally permitting safe parking program in designated City parking lots and setting forth the facts constituting such urgency. Councilmember Downey thanked the City Attorney for bringing forward a solution to the issue. Councilmember Barrett said that he is very thankful that this matter has had such a good result. Councilmember Smith said he would support the motion because it is a good solution. He noted how the community has evolved on this issue and said that help needs to be a strategic, long term plan. 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 adjourned the meeting to closed session at 5:34 p.m. 5 City Council Minutes Tuesday, February 2, 2016 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with real property negotiators John Mahoney and Janna Aldrete regarding price and terms of payment of lease for property located at 6 Fisherman's Wharf 1, the City Council gave confidential direction to their negotiators, and the roll call vote was unanimous. Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel regarding existing litigation in the case of Birks vs. City of Monterey (Workers' Compensation Appeals Board), the City Council gave confidential direction to their legal counsel. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 6