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Council Regular Meeting

Regular Meeting

Monterey, CA · April 19, 2016

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 19, 2016 4:00 - 5:30 PM 7:00 - 11:00 PM 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, Library Director, Police Chief, Human Resources Director, Fire Chief, Housing & Property Manager, Chief of Planning, Engineering and Environmental Compliance, Building Official, Principal Planner, Traffic Engineer, Harbormaster, Principal Engineer, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Student Oceanography Club Presentation on Utility Box Art (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-14) Action: Received presentation Mayor Roberson introduced Jennifer Ortiz, who introduced the P.P.H.A.A.T. project team: Alexa, Ella, DD, Maren, Elijah, and Ira. The team members gave a brief presentation and thanked the Mayor, City Council, City staff members, and area businesses for their support. Mayor Roberson presented photos to the team members and expressed his gratitude. 2. Present the FY 2015-17 Government Finance Officers (GFOA) Certificate for Distinguished Budget Presentation and Certificate for Excellence in Financial Reporting for FY2014-15 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 406-02) Action: Received report and presented awards Finance Director Forbis gave a brief presentation and introduced his accounting staff. Mayor Roberson presented the awards to staff. 3. Proclamation by the City of Monterey Declaring 2016 as 'Year of the Veteran' (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Presented Proclamation Mayor Roberson read the Proclamation and presented it to Dan Presser. Mr. Presser made brief remarks, thanking the Council and saying that the award belongs to the veterans all over the Peninsula. City Council Minutes Tuesday, April 19, 2016 4. Recognize Two Plans and Public Works Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 502- 08) Action: Recognized City Manager McCarthy introduced the item, and Deputy City Manager Pick recognized Fred Pagan and Ed Leon, and introduced Colonel Phil Deppert. Colonel Deppert related the story of how the two employees had administered CPR to a woman at DLI and saved her life. PUBLIC COMMENTS Mayor Roberson opened public comments for items not on the agenda. Patricia Domingo, New Monterey resident, reported on the April 15 Big Sur Multi Agency Advisory Council meeting where a topic of discussion was "overuse of the Coast." Ms. Domingo voiced concerns regarding future development of the area, the number of visitors, and heavy traffic. Ron Lamato voiced concerns regarding the new minimum wage law that was passed without having a vote on the qualified initiative. He warned of unintended consequences of a higher minimum wage on some businesses and asked Council to pass a Proclamation opposing the new law. Barbara Meister, Public Affairs Director for the Monterey Bay Aquarium announced the Aquarium's Shelf to Shore Program, the Diadelnino event, and the recently launched locals only programs. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that a member of the public has asked to remove Item 16 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 16: 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 5. March 15, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved 6. March 23, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 7. Approve a Supplemental Appropriation of Tidelands Funds and Award a Construction Contract for the Causeway Shoreline Embankment Erosion Control Project, Phase II ***CIP*** (Certified Mitigated Negative Declaration) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-043 C.S. 2 City Council Minutes Tuesday, April 19, 2016 8. Award Materials Purchase Contract for Wharf II Critical Repairs, Phase I and Parking Area Upgrades ***CIP*** (Mitigated Negative Declaration) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-044 C.S. Resolutions 9. Authorize and Appropriate $56,000 from the Tidelands Trust Fund to Upgrade Portable Restrooms for Public Use on Fisherman’s Wharf (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-15) Action: Adopted Resolution No. 16-045 C.S. 10. Authorize the City Manager to Enter into an Agreement for Jail Services with the Cities of Carmel-by-the-Sea, Del Rey Oaks, and Pacific Grove, and with the Monterey Peninsula Airport District (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 16-046 C.S. 11. Authorize Professional Services Agreements for On-Call Planning, Environmental, and Code Compliance Services and Appropriate Funding (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolutions No. 16-047 C.S.; 16-048 C.S.; 16-049 C.S.; 16-050 C.S. and 16-051 C.S. 12. Amend Agreement with Best Best & Krieger, LLP for Commercial Real Estate Legal Services to Increase the Not-to-Exceed Amount From $60,000 to $90,000 for Legal Services Related to Completion of the Wharf I, Concession #35 Lease and Other Wharf I and Wharf II Leases and Appropriate $30,000 From the Tidelands Trust Fund (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. 16-052 C.S. 13. FY 14-15 Year End Financial Report and Resolution to Adopt FY 15-16 Budget Amendments (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 406-04) Action: Adopted Resolution No. 16-053 C.S. 14. Approve Supplemental Funding for Outdoor Basketball Courts with Lights Project (Exempt from CEQA Requirements Per Article 19, Section 15303) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-054 C.S. 15. Approve Supplemental Funding for the Taylor, Hoffman, Archer Walkway Repair Project (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. 16-055 C.S. 16. Adopt the TAMC-Proposed 3/8 Percent Special Sales Tax and Transportation Safety & Investment Plan and Approve List of Local Road Repair and Safety Projects (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803-17) Action: Removed from Consent; discussed; adopted Resolution No. 16-056 C.S. Mayor Roberson introduced the item and opened public comment. Rick Heurer said that he has major issues with the tax, specifically the amount of money that would not be spent on road and street repairs. He noted that the County acknowledges that this will not fix all of the roads, and 3 City Council Minutes Tuesday, April 19, 2016 he said that the two biggest traffic issues are not being addressed. He said that he would most likely oppose the measure. Tod Muck, Deputy Executive Director of TAMC, gave a presentation regarding how the money is proposed to be used and described the benefits of being a "self-help" county. He said that the plan is designed to be balanced. He reviewed projects that would be targeted with flexible local funds, as well as planned regional road safety projects. He listed the advanced mitigation and mobility projects, describing the benefits. He reviewed the taxpayer safeguards. On question, Traffic Engineer Deal described the proposed project at Munras and Soledad. He clarified that the list is meant to be a start and can be added to. He explained how the money could be used to leverage grant funds. Jody Hansen, President of the Monterey Peninsula Chamber of Commerce, said that the Chamber will vote on this measure next week. She said that the Board supports becoming a "self-help" county in order to leverage transportation funding. Barbara Meister, Public Affairs Director of the Monterey Bay Aquarium, asked Council for their unanimous support of this measure. She said that the Highway 156 improvement is a critical part of the overall solution. She agreed with the projects identified by the City staff. Mayor Roberson closed public comment on the item because there were no further requests to speak. Councilmember Smith disclosed that he is the City's representative on the TAMC Board. He said that Mr. Heurer has some valid points, but he believes the accountability measures are adequate. Ms. Downey said that being a self-help county is very important and she wholeheartedly supports the measure. Councilmember Haffa agreed, saying that the measure would provide substantial additional funds to fix our roads. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 16-056 C.S., approving the TAMC- proposed 3/8 percent special sales tax and Transportation Safety & Investment Plan and approved the list of local road repair and safety projects: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 17. Authorize Fire Department’s Application for a 2015 Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Not a Project under CEQA per Article 20, Section 15378, and under General Rule Article 5, Section 15061) (Fire - 409-02) Action: Adopted Resolution No. 16-057 C.S. 18. Appropriate Tidelands Funds for a Structural Assessment of 84 Fisherman's Wharf and 6 Fisherman's Wharf (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. 16-058 C.S. 19. Ratify Emergency Work, Appropriate Project Funds and Award a Professional Services Agreement for the Repair Sink Hole Along Private Bolio Project ***PMSA*** (Categorically Excluded from NEPA under Part II, Department of Defense, 32 CFR Part 651, Appendix B, II, (e)(1)), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-059 C.S. 4 City Council Minutes Tuesday, April 19, 2016 20. Approve Lot Merger at the Monterey Public Library (Exempt from CEQA Article 19, Section 15305, Class 5) (Plans & Public Works - 803-04) Action: Adopted Resolution No. 16-060 C.S. Other 21. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 20 Ryan Ranch Road (CTB McGraw-Hill); Negotiators: Dino Pick, Kimberly Cole and Rick Marvin; Negotiating Parties: McGraw-Hill Education and Peninsula Land and Capital; Under Negotiation: Terms and Conditions to Respond to Proposed Lease Assignment and Lease Extension Amendment (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators 22. Revise Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1 Portola Plaza (APN 001-567-016-000), 2 Portola Plaza (APN 001-567-019-000) and Portola Plaza (APN 001-567-015-000); Negotiators: Dino Pick, Kimberly Cole, Kim Bui-Burton, Janna Aldrete, and Bob Cowdrey; Negotiating Parties: Portola Hotel and Spa; Under Negotiation: Terms and Conditions for Shared Facility Ingress and Egress Access Easement and Fountain Equipment Easement over 2 Portola Plaza, Pedestrian and Vehicle Ingress and Egress Easement and Port-Cochere Encroachment Easement over Portola Plaza, and Amendment to DeAnza Ballrooms Monterey Conference Center Lease (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators 23. Receive Report on Local Coastal Program Update Vision and Goals (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Received report ***End of Consent Agenda*** PUBLIC APPEARANCE 24. Authorize Informal Request for Proposals to Prepare a Broad Based Asset Inventory for the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 208-01) Action: By consensus moved to evening session; authorized staff to issue an informal RFP City Manager McCarthy said that a member of the public has asked Council to hear this item during the evening session. Mayor Roberson asked if any members of the public wanted to comment on the item at this time. No one came forward, and by consensus the City Council agreed to move the item. During the evening session, Elizabeth Caraker presented the staff report and answered Councilmembers' questions. Councilmembers discussed potential benefits of the study, as well as the need to be cautious. Mayor Roberson noted that the Monterey County Business Council is already working on this. He opened public comment on the item. Dr. Shyam Kamath said that the study would provide opportunities, and noted that he has not seen an existing asset inventory. Dr. Philip Murphy said that they are proposing going beyond the local area. 5 City Council Minutes Tuesday, April 19, 2016 On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council authorized staff to issue an informal Request for Proposals to Prepare a Broad Based Asset Inventory for 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 25. 1st Reading - Amend Monterey City Code Section 20-74 to Allow Long-Term Operation of Mobile Food Vending Vehicles in Specific Locations (Exempt from CEQA per Article 19, Section 15305, Class 5) (Plans & Public Works - 203-01) Action: Passed Ordinance to print with an amendment City Manager McCarthy introduced newly appointed Chief of Planning, Engineering, and Environmental Compliance Cole, who presented the staff report and answered Councilmembers' questions. On question, Ms. Cole clarified that vending would be prohibited adjacent to parks during "City approved and permitted events." She suggested that a monthly email could advise vendors of upcoming events. Mayor Roberson opened public comment on the item, had no requests to speak, and returned the discussion to the dais. It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to pass the Ordinance to print amending the Monterey City Code Section 20-74 to allow long-term operation of mobile food vending vehicles in specific locations. Councilmember Haffa asked if amending the Ordinance by replacing "City approved and permitted" with "City- sponsored" under section 3.g.3 is acceptable language to the motion maker, and Mayor Roberson agreed. Councilmember Smith voiced concerns regarding safety on Del Monte. Councilmember Downey said that she supports the Del Monte location, and that Council could change the ordinance if there is a problem in the future. Councilmember Haffa thanked the vendors for working with staff on this issue. 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 26. Consider Adoption of Mitigated Negative Declaration for Groundwater Contaminant Remedial Action Plan for 951 Del Monte Avenue, Monterey, and Adjacent City Parcels at Window on the Bay Park; Authorize Appropriation from Fiscal Year 2015/16 CIP Contingency Fund to CIP 951 Del Monte Avenue Groundwater Remediation, and Approve Amendment to Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination at 951 Del Monte Avenue (Plans & Public Works - 704-05) Action: Adopted Resolution 16-061 C.S. and Resolution No. 16-062 C.S. Tricia Wooten presented the staff report and answered Councilmembers' questions. 6 City Council Minutes Tuesday, April 19, 2016 Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-061 C.S., adopting the Mitigated Negative Declaration for the Groundwater Contaminant Remedial Action Plan for 951 Del Monte Avenue, Monterey, and adjacent City parcels at Window on the Bay Park, and in doing so, adopts a mitigation monitoring and reporting program for the project; and adopted Resolution No. 16-062 C.S., authorizing the appropriation of funds from Fiscal Year 2015/16 CIP Contingency Fund to CIP 951 Del Monte Avenue Groundwater Remediation and approving an amendment to the agreement with Trinity Source Group, Inc. for remediation of groundwater contamination at 951 Del Monte Avenue: 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 5:41 p.m., then reconvened the meeting at 7:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. He asked for a moment of silence in honor of Officer Amy Rodriguez, who recently passed away. CONTINUED PUBLIC COMMENTS Bill McCrone, Old Monterey Foundation, spoke regarding the Native Sons of the Golden West (NSGW) and introduced officers of the local chapter. Carey Pierce, Grand Vice President of NSGW, shared the organization’s California history preservation efforts. He introduced the organization’s President Jessica McCalleb and Vice President Robinson. Ms. McCalleb invited Council to the July 9 dedication of the Sloat Memorial. She thanked City Parks and Recreation staff for their support. Lorna Moffett said that there is an insidious attack on allowing the public to petition the public. She said that Trader Joes is no longer a champion of the First Amendment, and that corporations in general are attacking citizens' First Amendment rights. She urged people to only shop at First Amendment friendly stores and Centers. A gentleman who did not give his name thanked the Monterey Police Department for upholding people's First Amendment rights. He voiced concerns that the Farmers' Market at MPC does not allow petition-signing. He asked what could be done. Having no further requests to speak, Mayor Roberson closed public comments. WATER UPDATE Councilmember Barrett said that he attended the most recent MPRWA, which he found interesting. He voiced concerns regarding the possible delay of completion of the desal project. Executive Director Cullem reviewed additional details of the supplemental testimony presented to the CPUC, as well as the process going forward. He noted that the CPUC's delays would cost approximately $10 million additional in expenditures. Councilmember Downey thanked Mr. Barrett for attending the meeting in her absence and suggested reviewing the appointment of 7 City Council Minutes Tuesday, April 19, 2016 the alternate representative, noting that if anyone other than the alternate attends they cannot vote. She suggested that it might be time to visit the Governor regarding the desal plant. Mayor Roberson opened the item for public comment. Frank Sollecito said that he has lobbied Sacramento on many things and he is very disappointed in our elected officials. He said that the State of California should have stepped in to solve this emergency. He said that everyone is losing with this issue. Lorna Moffett asked if the recycled water project is part of this project, and Councilmember Downey explained that it is and it is ready if it can be separated from the desal project. She said that the public can write letters to state officials. Ms. Moffett said that she sees a lot of water waste and suggested compost toilets. She said that the public does not believe there is a water emergency. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Haffa said he attended the Police Department’s annual awards dinner and was interested in hearing about their work. He said he attended a joint meeting with the Airport District, and they are interested in developing the North side of the airport. He said he communicated the neighbors' concerns on that issue. Dr. Haffa said they also discussed the new approach routes, and they are in the process of returning to the original routes, pending an EIR process. He suggested that Council think about whether the City could consider allocating one-time money for low income rental assistance as a pilot project. Councilmember Downey commented on a news article that reported on Monterey’s newly placed dispensers for people to donate money to help the homeless. She said she toured the apartments at the new Work building. She voiced concerns regarding the clarity of Council's motions when they deviate from the written recommendation. Councilmember Barrett noted that there were comments tonight regarding free speech, and he has received calls in the past regarding the rules. He said that he has asked staff to look into the issue. Councilmember Downey offered kudos to the City Focus and City Talk. Councilmember Smith reminded people to get ready for July 4th. He referenced the Old Monterey Foundation and noted that people could donate to the organization. He said that the Mayor and he wrote letters to Mr. Vallejo in support of his bill regarding dedicating excess funds for the defunct Prunedale Bypass project to regional traffic. He announced that TAMC's action authorized the extension of a new study of the Highway 68 Scenic Highway Plan. He reported that he participated in the Police awards dinner and placed a picture of Officer Amy Rodriguez on the dais. Mayor Roberson noted that about 1400 people attended the Easter egg hunt, and it was fun and well organized. He said that the Next Generation Jazz Festival was fantastic. He reported on Lego Day at the Conference Center and noted that the Monterey Sports Center was voted the best Health Fitness Center. CITY MANAGER REPORTS City Manager McCarthy announced that Monterey has received a "2" rating from the Insurance Service Office, which is outstanding, and it lowers insurance rates for area homeowners and businesses. He said that the City is in discussions with HBO about filming in May. He reported on last weekend’s Cannery Row Symposium where the history of Cannery Row and Western 8 City Council Minutes Tuesday, April 19, 2016 Flyer was discussed. Mr. McCarthy reported on the recipients of the Police awards. He thanked Stronghold Construction Company for funding an exact replica of the completed Conference Center at the recent Lego event. Mayor Roberson called a recess at 8:13 p.m., then reconvened the meeting at 8:20 p.m. PUBLIC APPEARANCE 27. Authorize the Mayor to Sign a Payment and Reimbursement Agreement with the Pebble Beach Company and Appropriate Funds for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 406- 04) Action: Adopted Resolution No. 16-063 C.S. Mayor Roberson introduced the matter, noting that there would be a single staff report for the next three items. Traffic Engineer Deal presented the staff report. On question, Principal Engineer Harary explained the bid results as they relate to the staff recommendation. Mayor Roberson opened public comments, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Barrett, seconded by Mayor Roberson, and carried by the following vote, the City Council adopted Resolution No. 16-063, C.S., authorizing the Mayor to sign a Payment and Reimbursement Agreement with the Pebble Beach Company and appropriate funds for the Holman Highway 68/Highway 1 Roundabout Project ; adopted Resolution 16-064 C.S. awarding a construction contract for the Holman Highway 68/Highway1 roundabout project; and Resolution 16-065 C.S. awarding a professional services agreement to Harris Associates and Resident Engineering Services for a not to exceed fee of $1,003,970 for construction management and engineering services for the Holman Highway 68/Highway 1 Roundabout 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 28. Award a Construction Contract for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 704- 06) Action: Adopted Resolution No. 16-064 C.S. 29. Award a Professional Services Agreement for Construction Management and Resident Engineering Services for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-065 C.S. 30. Review and Comment on Neighborhood Improvement Program (NIP) Proposed FY 2016/17 Projects ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) Action: Reviewed and provided comments 9 City Council Minutes Tuesday, April 19, 2016 City Manager McCarthy introduced Principal Engineer Krebs, who presented the staff report. Mayor Roberson opened the floor to the NIP Spokesperson. Rick Heurer reviewed a number of the projects on the list. The Mayor opened the floor to the general public. Frank Sollecito, Old Monterey Foundation, said that he is proud of staff and the NIP. He said that the Sloat monument trail access is overdue, and he asked Council to create access to the trail. He said that the City needs more parks. Bill McCrone presented a photo of the view from the Sloat Monument and supported building a road to access the monument. He estimated that it would cost approximately $850,000. Joe DeRuosi, President of Monterey Pony Baseball, supported making improvements to Jacks Park. Katrina Hintze, NIP Representative for Villa Del Monte, spoke in support of the Ferrante Park project. Having no further requests to speak, Mayor Roberson closed public comment on the item. Councilmember Smith supported a plan to further the multi-use of Jacks Park. He said that the access road to Sloat Monument is also a priority for him. He supported the Shoreline Park fishhopper restoration, preserving our heritage with storage in the Library basement, enhancing security and lighting in the parks, the Dennis the Menace train, enhancing the activities at the Youth Center, and traffic lights on North Fremont. Councilmember Barrett agreed with Councilmember Smith's list of priorities, saying that he especially supports the Dennis the Menace train. He said that the tree canopy in Monterey is important and he supports the projects to maintain the health of the trees. He supported the bike rack and warming shelter projects. Councilmember Downey supported the staff recommendation regarding the projects relating to public safety and other recommendations on packet pages 640 and 641. Councilmember Haffa said that he thinks of what makes Monterey unique, and the City's history is what makes us stand out. Because of that, he supports the project to create access to the Sloat trail, along with the Colton Hall ADA project. He supported youth-centered projects, saying that the train is a priority for him. He highlighted traffic flow, and said that whatever can be done to improve traffic flow should be a priority. Councilmember Barrett agreed with the comments regarding traffic flow, but said that he would prefer more comprehensive or wide-scale study rather than piecemeal. Mayor Roberson agreed on the access to the Sloat Monument and forest management. The City Council heard Item 24 (see afternoon session minutes). OTHER BUSINESS 31. Approve Recommendations Regarding Appointments to the Appeals Hearing Board (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Appointed Daryl Hawkins, David Stoker, and Jon Villalpando as representatives and Stephen Millich as the alternate Councilmember Barrett said that he is interested in having a broad participation in government, as well as the subcommittee coming to consensus. He said that therefore, he is going to agree with Councilmember Downey to appoint Steven Millich as the alternate along with the incumbent representatives. 10 City Council Minutes Tuesday, April 19, 2016 Mayor Roberson opened public comment on the item, and with no requests to speak, returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council appointed Daryl Hawkins, David Stoker, and Jon Villalpando as representatives and Stephen Millich as the alternate to the Appeals Hearing Board: 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 10:03 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: The City Council unanimously gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 20 Ryan Ranch Road (CTB McGraw-Hill); under negotiation: terms and conditions to respond to proposed lease assignment and lease extension amendment The City Council unanimously gave confidential direction to their counsel in a conference with legal counsel regarding existing litigation; name of case: Meade vs. City of Monterey (Workers' Compensation Appeals Board). The City Council unanimously gave confidential direction to their counsel in a conference with legal counsel regarding significant exposure to litigation concerning a River Watch Federal Clean Water Act claim. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources/City Clerk Mayor 11

Agenda

City Council City Council Agenda Clyde Roberson, Mayor Regular Meeting Timothy Barrett, Councilmember Libby Downey, Councilmember Monterey City Council Alan Haffa, Councilmember Tuesday, April 19, 2016 Ed Smith, Councilmember 4:00 - 5:00 PM City Manager Council Chamber 7:00 - 11:00 PM Michael McCarthy Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Student Oceanography Club Presentation on Utility Box Art (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-14) 2. Present the FY 2015-17 Government Finance Officers (GFOA) Certificate for Distinguished Budget Presentation and Certificate for Excellence in Financial Reporting for FY2014-15 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 406-02) 3. Proclamation by the City of Monterey Declaring 2016 as 'Year of the Veteran' (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) 4. Recognize Two Plans and Public Works Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 502-08) 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. 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. Tuesday, April 19, 2016 Approval of Minutes 5. March 15, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) 6. March 23, 2016 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Award of Contracts Awarding of CONTRACTS for construction contracts. 7. Approve a Supplemental Appropriation of Tidelands Funds and Award a Construction Contract for the Causeway Shoreline Embankment Erosion Control Project, Phase II ***CIP*** (Certified Mitigated Negative Declaration) (Plans & Public Works - 704-06) 8. Award Materials Purchase Contract for Wharf II Critical Repairs, Phase I and Parking Area Upgrades ***CIP*** (Mitigated Negative Declaration) (Plans & Public Works - 704-05) 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." 9. Authorize and Appropriate $56,000 from the Tidelands Trust Fund to Upgrade Portable Restrooms for Public Use on Fisherman’s Wharf (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-15) 10. Authorize the City Manager to Enter into an Agreement for Jail Services with the Cities of Carmel-by-the-Sea, Del Rey Oaks, and Pacific Grove, and with the Monterey Peninsula Airport District (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 704-05) 11. Authorize Professional Services Agreements for On-Call Planning, Environmental, and Code Compliance Services and Appropriate Funding (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) 12. Amend Agreement with Best Best & Krieger, LLP for Commercial Real Estate Legal Services to Increase the Not-to-Exceed Amount From $60,000 to $90,000 for Legal Services Related to Completion of the Wharf I, Concession #35 Lease and Other Wharf I and Wharf II Leases and Appropriate $30,000 From the Tidelands Trust Fund (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) 13. FY 14-15 Year End Financial Report and Resolution to Adopt FY 15-16 Budget Amendments (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 406-04) 14. Approve Supplemental Funding for Outdoor Basketball Courts with Lights Project (Exempt from CEQA Requirements Per Article 19, Section 15303) (Plans & Public Works - 406-04) 15. Approve Supplemental Funding for the Taylor, Hoffman, Archer Walkway Repair Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) 2 Tuesday, April 19, 2016 16. Adopt the TAMC-Proposed 3/8 Percent Special Sales Tax and Transportation Safety & Investment Plan and Approve List of Local Road Repair and Safety Projects (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 803-17) 17. Authorize Fire Department’s Application for a 2015 Staffing for Adequate Fire and Emergency Response (SAFER) Grant (Not a Project under CEQA per Article 20, Section 15378, and under General Rule Article 5, Section 15061) (Fire - 409-02) 18. Appropriate Tidelands Funds for a Structural Assessment of 84 Fisherman's Wharf and 6 Fisherman's Wharf (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) 19. Ratify Emergency Work, Appropriate Project Funds and Award a Professional Services Agreement for the Repair Sink Hole Along Private Bolio Project ***PMSA*** (Categorically Excluded from NEPA under Part II, Department of Defense, 32 CFR Part 651, Appendix B, II, (e)(1)), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) (Plans & Public Works - 704-05) 20. Approve Lot Merger at the Monterey Public Library (Exempt from CEQA Article 19, Section 15305, Class 5) (Plans & Public Works - 803-04) Other 21. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 20 Ryan Ranch Road (CTB McGraw-Hill); Negotiators: Dino Pick, Kimberly Cole and Rick Marvin; Negotiating Parties: McGraw-Hill Education and Peninsula Land and Capital; Under Negotiation: Terms and Conditions to Respond to Proposed Lease Assignment and Lease Extension Amendment (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) 22. Revise Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1 Portola Plaza (APN 001-567-016-000), 2 Portola Plaza (APN 001-567-019-000) and Portola Plaza (APN 001-567-015-000); Negotiators: Dino Pick, Kimberly Cole, Kim Bui-Burton, Janna Aldrete, and Bob Cowdrey; Negotiating Parties: Portola Hotel and Spa; Under Negotiation: Terms and Conditions for Shared Facility Ingress and Egress Access Easement and Fountain Equipment Easement over 2 Portola Plaza, Pedestrian and Vehicle Ingress and Egress Easement and Port- Cochere Encroachment Easement over Portola Plaza, and Amendment to DeAnza Ballrooms Monterey Conference Center Lease (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) 23. Receive Report on Local Coastal Program Update Vision and Goals (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) ***End of Consent Agenda*** 3 Tuesday, April 19, 2016 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. 24. Authorize Informal Request for Proposals to Prepare a Broad Based Asset Inventory for the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 208-01) 25. 1st Reading - Amend Monterey City Code Section 20-74 to Allow Long-Term Operation of Mobile Food Vending Vehicles in Specific Locations (Exempt from CEQA per Article 19, Section 15305, Class 5) (Plans & Public Works - 203-01) 26. Consider Adoption of Mitigated Negative Declaration for Groundwater Contaminant Remedial Action Plan for 951 Del Monte Avenue, Monterey, and Adjacent City Parcels at Window on the Bay Park; Authorize Appropriation from Fiscal Year 2015/16 CIP Contingency Fund to CIP 951 Del Monte Avenue Groundwater Remediation, and Approve Amendment to Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination at 951 Del Monte Avenue (Plans & Public Works - 704-05) ***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 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. ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE 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). 4 Tuesday, April 19, 2016 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. 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. 27. Authorize the Mayor to Sign a Payment and Reimbursement Agreement with the Pebble Beach Company and Appropriate Funds for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 406-04) 28. Award a Construction Contract for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 704-06) 29. Award a Professional Services Agreement for Construction Management and Resident Engineering Services for the Holman Highway 68/Highway 1 Roundabout Project ***CIP*** (Certified Environmental Impact Report and Addendum) (Plans & Public Works - 704-05) 30. Review and Comment on Neighborhood Improvement Program (NIP) Proposed FY 2016/17 Projects ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) OTHER BUSINESS 31. Approve Recommendations Regarding Appointments to the Appeals Hearing Board (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-06) 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: 5 Tuesday, April 19, 2016 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. UPCOMING MEETINGS AT CITY HALL Apr 20 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Apr 21 Zoning Administrator Meeting, Council Chamber - 4:00 pm Apr 21 Neighborhood Improvement Program Committee Meeting, City Council Chambers - 7:00 PM Apr 21 PRC Meeting Cancellation Notice, Council Chamber - 7:00 PM Apr 25 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Apr 26 Planning Commission Meeting, Council Chamber - 4:00 pm Apr 27 Oversight Board Meeting, Council Chamber - 7:00 PM Apr 27 Council Study Session, Council Chamber - 4:00 PM Apr 27 Library Board Meeting, Library Community Room - 5:00 PM Apr 27 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM May 2 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM May 3 Council Regular Meeting, Council Chamber - 4:00 PM May 4 Architectural Review Committee Meeting, Council Chamber - 4:00 pm May 5 Zoning Administrator Meeting, Council Chamber - 4:00 pm May 10 Planning Commission Meeting, Council Chamber - 4:00 pm May 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm May 12 MP Regional Water Authority Meeting, TBD - 7:00 PM May 17 Council Regular Meeting, Council Chamber - 4:00 PM May 18 Architectural Review Committee Meeting, Council Chamber - 4:00 pm May 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 6

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