Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 1, 2016 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, Community Services Director, Fire Chief, Assistant Finance Director, Housing & Property Manager, Principal Planners, Principal Engineer, Traffic Engineer, Reader Services Manager, Police Chief, Human Resources Director CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Dan Presser reported that Monterey County has declared 2016 as the "Year of the Veteran," and he asked that the City of Monterey do so as well by passing a resolution. With no further requests to speak, the Mayor closed public comment. CONSENT ITEMS Mayor Roberson said that a member of the public has asked to remove Item 15 from the Consent Agenda for discussion. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent agenda, except Item 15, which was 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 Approval of Minutes 1. February 16, 2016 (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (City Clerk - 701-09) Action: Approved Award of Contracts 2. Award Construction Contract for Cannery Row Accessibility Improvements Project (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-018 C.S.  City Council Minutes Tuesday, March 1, 2016 Ordinances 3. 2nd Reading – to Repeal Monterey City Code Section 6-7 to Allow Beekeeping (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Plans & Public Works - 701-11) Action: Adopted Ordinance 3537 4. 2nd Reading – Add Monterey City Code Section 22-10 to Regulate Garage Sales (Not a Project Under CEQA per Article 20, Section 15378 (b) (5)) (Plans & Public Works - 701-11) Action: Adopted Ordinance 3538 5. 2nd Reading -- Rezone the Waterfront Master Plan Planning Area to Planned Community - Waterfront (Mitigated Negative Declaration) (Plans & Public Works - 201-12) Action: Adopted Ordinance 3539 Resolutions 6. Approve the Third Amendment to the Seaside County Sanitation District Agreement to Allow Connection to Sanitary Sewer Systems (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-019 C.S. 7. Authorize City Manager to Submit a Joint Application with Mid-Peninsula The Farm, Inc. for the Affordable Housing Sustainable Communities Grant (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409- 02) Action: Adopted Resolution No. 16-020 C.S. 8. Adopt Resolution Authorizing Early Termination of the Ocean Harbor House Affordable Housing Agreement Deed Restriction and Findings Supporting the Decision (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 16-021 C.S. 9. Authorize Appropriation from Fiscal Year 2015/16 CIP Contingency Fund to the Custom House Plaza Fountain Removal Project (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-022 C.S. 10. Adopt The Updated Monterey County Multi-Jurisdictional Hazard Mitigation Plan (Not a Project Under CEQA per Article 20, Section 15378 (b)(5)) (Fire - 601-04) Action: Adopted Resolution No. 16-023 C.S. 11. Order Engineer’s Report for Fiscal Year 2016-17 Alvarado Street Maintenance District No. 85-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-06) Action: Adopted Resolution No. 16-024 C.S. 12. Order Engineer’s Report for Fiscal Year 2016-17 Calle Principal Maintenance District No. 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-06) Action: Adopted Resolution No. 16-025 C.S. 2  City Council Minutes Tuesday, March 1, 2016 13. Approve Funding for Cannery Row Worker Shacks, Restore and Repair ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-026 C.S. 14. Authorize the Appropriation of Community Foundation for Monterey County Grant Funds for the Old Monterey Jail Historic Structure Report (Not a project under CEQA, per article 20, Section 15378 and under General Rule Article 5, Section 15061.) (Community Services - 409-05) Action: Adopted Resolution No. 16-027 C.S. 15. Award Contract to AMS.NET for the City Network Infrastructure and Communication Equipment Replacement and Cabling Upgrades, Which Includes New Technology for the Monterey Conference Center, and Authorizing an Appropriation of Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Removed from Consent; discussed; adopted Resolution No. 16-028 C.S. Information Resources Director Gawf introduced the item and Network Engineer Pritchett and Information Solutions Manager Blake. Mr. Pritchett gave the presentation and answered Councilmembers' questions. Councilmember Smith suggested consideration for people having access to wireless outside the Conference Center. Councilmember Barrett said that many cities across the US are expanding their services with a gigabit service. He suggested expanding our thinking on capacity throughout the City as an economic driver. Mayor Roberson opened public comment on the item. Dan Presser said it would be nice to include the taxpayer being able to receive the wireless signal throughout the Downtown area without charge. Nina Beety said that the City is required to accommodate EMF disabled people and she asked to see the City's plan. She said that some people are electrical magnetically sensitive and are impaired. She submitted reports from Sweden on the matter. With no further requests to speak, Mayor Roberson closed public comment. Councilmember Barrett said that it is reasonable to review the sensitivity issue. On question, City Attorney Davi said that the City has investigated the issue, and there are no legal impediments to voting in favor of this contract. Councilmember Haffa said that he would like to ask staff to review best practices of other cities. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 16-028 C.S. awarding the contract to AMS.NET for the City Network Infrastructure and Communication Equipment Replacement and Cabling Upgrades, which includes new technology for the Monterey Conference Center, and authorizing an appropriation of funds, and directed the City Attorney to continue to monitor potential for accommodation requirements under the ADA: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3  City Council Minutes Tuesday, March 1, 2016 16. Amend Resolution 15-208 C.S. to Increase the Construction Contingency for the Cypress Park ADA Access to Tot Lot and Cypress Park - Repairs and Upgrades & Measure P - ADA Improvements Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-029 C.S. ***End of Consent Agenda*** Mayor Roberson called a recess at 4:41 p.m., then reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comment on items not on the agenda. Carmella Contesane, former Monterey Institute of Foreign Studies student, said that taxi drivers refuse customers who travel with a guide dog. She said that often she cannot hear the traffic because of loud music coming from some cars. She voiced concerns about the odors when walking on downtown streets and suggested that public toilets be installed. She said that if people refuse to respect the law and the City does not enforce, then taxes are not being spent properly. Mikala Folsom, Villa Del Monte Neighborhood, urged the Council to take immediate action regarding vagrants. She said that there are squatters living on state-owned property near her neighborhood, and she urged the Council to consider forming a commission to look at the issue. Esther Malkin thanked the Monterey Police Department for their work with neighbors in the Laguna Grande area. She agreed that there is a problem with vagrants, particularly in the Wharf parking lot. She asked the Council to urge the Seaside Council to cooperate with Monterey more with regard to Laguna Grande Park and the new In-n-Out. Steve Vagnini, Monterey resident, thanked the City Council and the Parks and Recreation Department for their support for his program at the State Theater this past weekend. He said about 650 people attended and raised funds for homeless women and 'Guitars, Not Guns.' With no further requests to speak, Mayor Roberson closed public comment. Mayor Roberson called a recess at 4:41 p.m., then reconvened the meeting at 7:00 p.m. WATER UPDATE 17. Discussion About Proposed Rate Change by California American Water and Possible Direction to Staff for Drafting a Letter to the Public Utilities Commission of the State of California (Finance - 101-01) Action: Directed staff to draft a letter in opposition to the proposed rate change Mayor Roberson introduced the item. Councilmember Haffa gave a report and suggested that Council direct staff to write a letter to the CPUC and to the City’s state legislative delegation in support of the Office of Ratepayer Advocates’ (ORA) recommendation. He distributed a list of specific points he would like to include in the letter. Councilmember Barrett suggested including language in the letter opposing the annual true-up program as stated in ORA’s recommendation, "The commission should deny Cal Am's request for an annual consumption true-up pilot program." He said the issue is more about moving the 4 City Council Minutes Tuesday, March 1, 2016 dial on this issue, and a letter might not be enough. He asked to see if the Water Authority has a role in this situation. Councilmember Downey stressed supporting the ORA because they have addressed everything in their analysis. She asked to adopt the entire analysis. Councilmember Smith said that he would like to know more about the Council's authority and what consideration the CPUC would give to a letter from Monterey. He wondered how much weight such a letter would have. Councilmember Downey explained that this is a political statement, and the CPUC may take it or leave it. Mayor Roberson opened public comment on the item. Esther Malkin suggested that Monterey might pair up with another city that has an interest in this issue. She said that Council should look into whether such a letter has ever mattered. She said that in the past the Cal Am representatives have not had answers to residents' questions. Dan Turner, Monterey resident, thanked the Council for discussing this issue and said that a letter does not go far enough. He advocated getting rid of Cal Am and establishing a public water agency no matter how expensive it is in the short run. Catherine Steadman, Cal Am Water, said that she understands how the rate increase seems unfair. She noted that a water utility operation is largely a fixed cost, no matter how much water is used. George Riley said that the PUC does set rates and is the final authority. He said that Food and Water Watch did a comparison of public and private water rates throughout the country that revealed six of the ten highest rates are charged by American Water, and one of those is Monterey. He supported sending a letter. Bruce Zanetta, Monterey resident, (Monterey Vista) thanked the Council for considering this issue. He said that Cal Am's reduced revenue is the result of many things, including an inability to forecast the residents' ability to conserve. He said that there was not a loan, so there should be no interest charged. He agreed with a previous speaker that Council's letter would carry a lot of weight. John Narigi, Vice Chair of the Coalition of Peninsula Businesses, said that it is important to note that the Coalition supports fair pricing based on consumption. He urged Council to verify the numbers, saying that this is a complicated issue. With no further requests to speak, Mayor Roberson closed public comment. Councilmember Haffa spoke in favor of writing a letter to CPUC and sending copies to Bill Monning and Mark Stone. Councilmember Barrett supported advocating fair pricing based on consumption. Councilmember Haffa suggested that Council could ask the CPUC to examine the rate structure so there is fairness based on proportional usage. Councilmember Downey supported paying for the water each one uses. She said that the role and mission of the Water Authority is to work on the desal plant and she does not believe it is the proper venue to hear this issue. Mayor Roberson referenced a chart showing the proposed rate increases on single and multi- family residences and low income customers. He said that increases ranging from 30% to 43% are the reason it is important to take a stand. Councilmember Barrett agreed that it is important to go on record and make a statement. He asked to couple the letter with follow up. Councilmember Smith said that he is sympathetic to the high percentage increases, but he pointed out that the range is $5 to $10 per month. He said that it goes back to not having enough water, which causes a higher rate. He said he would support a letter that advocates for both residential and non-residential customers. Councilmember Barrett suggested a fixed fee. 5 City Council Minutes Tuesday, March 1, 2016 It was moved by Councilmember Downey, to send a letter to the CPUC and the other area cities that supports the ORA recommendation in its entirety, and emphasize the following points in the letter: a. Urge CPUC to disallow $17.39 million of the Monterey WRAP due to mismanagement by CAL-AM; b. Require Cal-Am to amortize over 5 years rather than 20 and most importantly disallow charging rate payers any interest; c. Require that Cal-AM make future WRAP balance recovery requests through the normal application process and not through the informal process of filing advice letters with the Commission; and d. Shift 8.4% (or $3 million) of the amount of revenues currently recovered by residential rates to non-residential to more accurately reflect each customer class’s proportion of total consumption, and Councilmember Haffa seconded the motion, suggesting an amendment to point d to say, "Express concern about the method of calculating rate distribution of cost between residential and non-residential," and the motion maker accepted the amendment. Councilmember Smith said it is important to remain neutral on the issue of residential and non- residential users. Dr. Haffa said that it is important to have unanimous support and asked if Mr. Smith might support different wording on point d. Councilmember Smith said that the method of calculation has to be fair and transparent. Councilmember Haffa suggested an amendment to the motion to amend item d to read "Express concern about whether method of calculating costs between classes of rate payers is fair and transparent," and Councilmember Downey accepted the amendment. Mayor Roberson noted that the water rates will increase again with the desal plant. 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 8:31 p.m., and reconvened the meeting at 8:40 p.m. Councilmember Barrett asked Mr. Cullem what type of follow-up should take place after the letter is sent. He said that he has a high level of respect for the Water Authority and their expertise on water issues and suggested that they could become involved. Mr. Cullem presented his report on the activities of the Water Authority, including the recent vote to submit testimony to the CPUC in support of the GWR project and the CPUC's reset of the Monterey Peninsula Water Supply Project schedule. He noted that there has been no notification from the State Water Resources Control Board regarding the extension of the CDO deadline. He reported that the test slant well has been operating as expected since November, and he gave a brief report on the Authority's budget. 6 City Council Minutes Tuesday, March 1, 2016 On question, Mr. Cullem explained the Marina Coast Water District's opposition to the "return water" term sheet between Cal Am and Castroville Community Services District. He answered questions regarding the annual budget. Mayor Roberson said that the role of outside attorneys seems to drive the budget and he will be reviewing those costs closely during budget review this year. Mr. Cullem explained that the Water Authority recently reviewed their mission and voted to stay the course and stay fully focused on moving water supply projects forward until the first drop of water is delivered. He said that if an item is brought forward regarding the proposed rate increases, it would require analysis. He said that it could be taken up, but would be done slowly if they decide to do so. Mr. Barrett suggested analyzing the methodology that the ORA has used. Mr. Cullem said it could be agendized to consider and Councilmembers agreed. Mayor Roberson opened public comment. George Riley said that Dave Potter sits on the Governance Committee. He said that committee is a decision making board and it is intended to exist until 2053. With no further requests to speak, Mayor Roberson closed public comment. COUNCIL COMMENTS Councilmember Downey said that Monterey lost a wonderful person in Carol Todd, and she asked to adjourn in her name. She reported on the recent concert at Colton Hall. She apologized for not being at the successful Wine and Chocolate Library fundraiser, saying that she was attending a funeral of a dear friend. She voiced concerns regarding the reports of homeless camps near Chef Lee's and Laguna Grande. Councilmember Haffa reported on the Library fundraiser, and he thanked the Friends of the Library for putting it on. He reported that the Monterey Peninsula College address to the community would be taking place on April 22, and they will be honoring Former Mayor Dan Albert and his wife Joanne. He noted that he represents Monterey on the Community Human Services Board, who works on addiction counseling and the residential facility for runaways and homeless. Dr. Haffa said that the City staff has been helpful in working with them, and he thanked staff on behalf of the CHS board. Councilmember Smith said that he recently returned from a week in Florida and it is nice to be back. He said that he meets with the City Manager regularly, and he urged people to utilize City reporting services rather than waiting to come to a Council meeting. He reported on a recent TAMC meeting. Councilmember Barrett reported on the recent Classic Rock Experience, saying it was a great example of a public private partnership and raised funds for homeless women and Guitars, Not Guns. He said that the funds granted by the City were leveraged into a greater amount of money that benefits the community. CITY MANAGER REPORTS City Manager McCarthy announced that the Association of Defense Communities just named Monterey as one of ten Great American Defense Communities, which is a very high honor. He noted the large number of large and small construction projects under way in the City. He said that people could view the list of active projects on the City website. 7  City Council Minutes Tuesday, March 1, 2016 PRESENTATIONS 18. Receive a Presentation on the Status of the Holman Highway 68/Highway 1 Roundabout Project and Construction Traffic Measures (Plans & Public Works - 803-01) Action: Received and discussed report Deputy City Manager Pick introduced the item, and Traffic Engineer Deal presented the staff report, reviewing the project and the budget, and answered Councilmembers' questions. Ariana Green, Transportation Planner with TAMC, reviewed the strategies that will be used to reduce traffic delays caused by the construction. Mayor Roberson suggested agendizing the Lighthouse plan to gather public input. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 9:43 p.m. in the name of Carol Todd. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8