Council Regular Meeting
Regular MeetingMonterey, CA · April 19, 2016
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.
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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)
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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***
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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).
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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:
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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.
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