Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 3, 2016 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, Fire Chief, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, City Engineer CALL TO ORDER Vice Mayor Downey called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Chief of Planning Cole led the Pledge. PRESENTATIONS 1. Second Annual Monterey Language Capital of the World Festival (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 202-01) Action: Received presentation Deputy City Manager Pick made the presentation, reviewing the program of events. He noted that Moravia, a business newly located in Monterey, is this year's presenting sponsor. PUBLIC COMMENTS Vice Mayor Downey opened the floor for public comments on items not on the agenda. Katrina Hintze, Villa Del Monte NIP Representative, said that NIP voting was last week, and the Ferrante Park project was passed. She spoke in support of that project. With no further requests to speak, Vice Mayor Downey closed public comment. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced that the closed session discussion was continued to this evening, following the open session. WATER UPDATE Vice Mayor Downey gave a brief report regarding an additional 300 acre feet of water from Rancho Canada, saying that she hoped it would help with the requested CDO extension. She reported on a meeting with the CPUC to discuss the most recent delay in the project. City Council Minutes Tuesday, May 3, 2016 COUNCIL COMMENTS Councilmember Smith reported on his visit to Jack's Park to watch a girls’ softball game and observe safety features for an upcoming NIP project. He reported on a workshop he attended with the Monterey County Convention and Visitors Bureau, noting that there has been no significant drop in TOT or TID while the Conference Center is under construction. He said that he attended the MPC President’s address where Dan and Joanne Albert were honored. Councilmember Barrett voiced his appreciation of the Council's teamwork in participating in various community events. He reported on the memorial service for Officer Amy Rodriguez, saying that it was an emotional and moving event and it evidenced how she had touched people's lives. He paid his respects to all men and women serving in uniform. He reported on a conference in Portland about communities investing in themselves, noting the excellent and convenient public transit available there and saying that the conference highlighted the importance and value of an economic inventory. Mayor Roberson arrived at 7:21 p.m. Mr. Barrett addressed rumors leading up to the passage of the Housing Element, saying that the assertions being made at that time were troubling. He asked to address those matters at the next Council Retreat. Councilmember Haffa said it was inspiring to hear the story of former Mayor Dan Albert and his wife Joanne at the MPC event. He reported on the Monterey Bay Labor Council's annual dinner, saying that it was good to hear about working folks in the area. Councilmember Downey reported that Monterey has granted a total of $1,412,000 to assist homeless individuals. She reported on a recent talk given by Recreation and Community Services Manager Vierra and thanked Ms. Vierra for doing a good job. Ms. Downey said she visited the newly refurbished skate park. She reported on a recent meeting with the Assistant DA, who told her that the biggest problem is people stealing to get money for drugs, and second is elder abuse. Mayor Roberson reported that he attended the Japanese American Community Center. He said that he had an opportunity to hear young graduates of MAOS speak. He reported on the opening of the skate park, and said he was impressed by a young man who returned a lost wallet. The Mayor said that there will be a skate jam at the skate park on May 21st. He announced the upcoming free helmet and bike rodeo day on May15. Councilmember Smith announced that the Monterey History Hunt and Community Party will be this Saturday, May 7th. He said that he heard Mr. Barrett and he is always available by cell phone to talk about the issue. CITY MANAGER REPORTS City Manager McCarthy reported on a significant water main break at Fisherman's Wharf over the weekend, and said that the Public Works staff and Harbor crew were able to shut it down. He said that HBO will be filming in town during the month of May. 2  City Council Minutes Tuesday, May 3, 2016 CONSENT ITEMS Mayor Roberson said that Councilmember Barrett has asked to remove Item 11 from Consent for a discussion. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Item 11: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. April 19, 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 3. April 27, 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 Ordinances 4. 2nd 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: Adopted Ordinance No. 3540 Resolutions 5. Authorize the appropriation of funds in the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects under the Presidio of Monterey Base Operations and Maintenance Contract***PMSA***(NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 16-077 C.S. 6. Amend Resolution 15-120 Changing the Position Control List by Adding One Overfill Parking Attendant Position in the Parking Division Until June 30, 2017 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 904-01) Action: Adopted Resolution No. 16-078 C.S. 7. Authorize City Manager to Amend Memorandum of Understanding Between Community Hospital of the Monterey Peninsula and the City of Monterey for Use of the Hilltop Park Center in the Event of a Disaster (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 611-03) Action: Adopted Resolution No. 16-079 C.S. 3  City Council Minutes Tuesday, May 3, 2016 8. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 407-08) Action: Adopted Resolution No. 16-080 C.S. 9. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 407-08) Action: Adopted Resolution No. 16-081 C.S. 10. Authorize the City Manager to Enter into a Contract with WatchGuard Video to Upgrade the Current Patrol Mobile Audio Video Recording System (MAVRS) and Replace the Car Microphones with Body Cameras (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 16-082 C.S. 11. Authorizing City Staff to Allow, Deny, or Compromise Claims and Pending Actions Against the City and Repealing Resolutions No. 13-198 and 01-204 C.S. (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 701-13) Action: Removed from Consent; discussed; amended and adopted Resolution No. 16-083 C.S. City Attorney Davi presented the staff report and answered Councilmembers' questions. Councilmember Barrett said that he understands how this could streamline the work, but voiced concerns that Council's awareness of patterns regarding allocations and work-related injuries might suffer. He asked to include an item in the Resolution that Council would receive a quarterly report with details. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Barrett, seconded by Mayor Roberson, and carried by the following vote, the City Council amended the Resolution to include a requirement for a quarterly report on these matters and adopted Resolution No. 16-083 C.S., authorizing City staff to allow, deny, or compromise claims and pending actions against the City and repealing Resolutions No. 13-198 and 01-204 C.S.: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Appropriate Funds from the Parking Fund, Tidelands Trust Fund, General Fund and Cemetery Fund to the Housing and Property Management Professional Services Budget and Award a Professional Services Agreement for Commercial Real Estate Leasing Broker and On-Call Consulting Services (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. 16-084 C.S. 4  City Council Minutes Tuesday, May 3, 2016 13. Amend Resolution 15-120 Changing the Position Control List by Adding one Administrative Assistant II Position in the City Manager’s Office (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 502-01) Action: Adopted Resolution No. 16-085 C.S. 14. Amend Resolution No. 15-120 Changing the Position Control List by Reclassifying the Senior Sales Manager Position to a Director of Sales and Events Position (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 902-01) Action: Adopted Resolution No. 16-086 C.S. 15. Authorize City of Monterey Participation in a Park & Ride Program Utilizing Designated Monterey Peninsula College Parking Lots (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 16-087 C.S. ***End of Consent Agenda*** PUBLIC APPEARANCE 16. Receive Report and Provide Direction on Charter Amendment to Section 4.8 (Contracts for Public Works) Proposed for Voter Approval at the November 4, 2016 General Election (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) (City Attorney - 701-10) Action: Received report; directed staff to return to Council with a draft Charter Amendment for the November 8, 2016 ballot Deputy City Manager Pick presented the staff report and answered Councilmembers' questions. Councilmember Haffa asked if guidelines for preferential treatment for things like green construction and promoting local, Monterey County contractors could be reviewed as part of this. Mr. Pick clarified that the Charter Amendment would take these matters from being Charter-driven to Ordinance-driven. City Attorney Davi said that the general purpose of this is to help the City keep up with modern practices for purchasing. On question, she said that if this is approved, Council would have the opportunity to adopt a revised purchasing ordinance, which would address many issues. She clarified that the purchasing Ordinance would have to be vetted and adopted prior to November. Mayor Roberson opened public comment on the item. Ron Chesshire, CEO of the Monterey Construction Trades, said that this seems to be a first step toward creating ordinances that give more flexibility toward procurement. He said that State Law gives authority to do design-build, as well as public-private partnerships, and he recommended that the City look into that issue. Bill McCrone, Old Monterey Foundation, said that his organization has raised $750,000 for projects at the Lower Presidio Park. He explained how this Charter Amendment would allow for the flexibility for his organization to contract for some of the work at a lower cost than the City. He supported the item. Having no further requests to speak, Mayor Roberson closed public comment on the item. City Attorney Davi reported that the Local Hire provisions are in the City’s Ordinance, not the Charter. She said that while State Law does allow design-build, Monterey's Charter does not. 5  City Council Minutes Tuesday, May 3, 2016 Councilmember Smith supported placing the amendment on the ballot. Councilmember Haffa said that he would like to make sure that the local preference policy issue is addressed as part of this process. Councilmembers Barrett and Smith agreed. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council directed staff to move forward on a Charter Amendment to Section 4.8 (Contracts for Public Works) proposed for voter approval at the November 4, 2016 General Election: 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. 1st Reading – Add Monterey City Code Section 6-9.2 to Require a Sign and Written Disclosure to Notify Customers if Animal Boarding Facilities Do Not Have a Fire Detection System and Authorize the Mayor to Sign a Letter to Senator Monning Urging Changes to State Law to Address this Issue (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Passed Ordinance to print Fire Chief Panholzer presented the staff report. Mayor Roberson opened public comment on the item. Jill Hollingsworth, Founder of Citizens for Safe Boarding Facilities, said that after working nine months the group heard that there were State impediments to these efforts. She supported enacting a preventative measure to require installation monitored smoke alarms, or at least require businesses to have a sign in place advising customers that there is no alarm or sprinklers. Dr. Danielle Hettler, veterinarian who responded to last July's fire, voiced concerns that people would not see a sign nor read a paper that they sign and asked how it would be monitored. She asked Council to move forward on monitored smoke alarms. Tucker Hirsch said that she is a former pet owner of Mattie, who died in last year's fire. She said that the City can do better than signage and signing a waiver, and she urged the Council to put pressure on State legislators. Maura Batlin said that the facility where the dogs died had a smoke alarm, but it was not monitored. She noted that the recommendation does not designate a "monitored" fire detection system, and she does not understand why the City cannot exceed the requirements of existing law. A Citizens for Safe Boarding Facilities member said that she is thankful for the opportunity to work with the City, but noted the group's frustration with the process. She said that their public education efforts have been working to get businesses to install fire systems. With no further requests to speak, Mayor Roberson closed public comments. Chief Panholzer clarified that the Ordinance does specify "monitored" fire systems. He explained the topographical findings that have to be made to create stronger regulations, which he said were not possible to make in this instance. Councilmember Haffa offered his condolences to the people who lost their pets in last year's fire. He explored questions regarding how it might be possible to pass a requirement for installation of monitored smoke alarms. Councilmember Smith said that he believes there is an opportunity to urge the State to change the code with a letter to the State. He said that requiring the signage and written notice along 6 City Council Minutes Tuesday, May 3, 2016 with the letter is a first and second step toward changing the fire code. He voiced concern for the people who lost their pets and said that he understands the pain. Councilmember Downey suggested that each Councilmember call Bill Monning and talk to him or his staff personally. She wondered if a requirement could be made to have someone present at all times in a boarding facility, and Dr. Haffa said that the Ordinance could require either having someone present or a monitored system. Councilmember Smith voiced concerns about delaying action further, but said he is interested in requiring a live attendant. He asked to have a discussion regarding having a live attendant. Councilmember Haffa suggested approving this now and direct staff to explore the live attendant as an option. Councilmember Smith said that he would be in favor of pushing the attendant on site to the state level. He asked if there could be an annual inspection by the Fire Marshall to insure that the sign is in place. It was moved by Councilmember Smith to pass the Ordinance to print adding Monterey City Code Section 6-9.2 to require a sign and written disclosure to notify customers if animal boarding facilities do not have a fire detection system, and authorized the Mayor to sign a letter to Senator Monning urging changes to state law to address this issue. Councilmember Barrett asked Mr. Smith to consider an amendment to add direction to staff to bring back an Ordinance to Council to require pet boarding facilities to have a live attendant on site at all times. Councilmember Smith accepted the amendment, and Councilmember Haffa seconded the motion, which 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 ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 8:52 p.m. ANNOUNCEMENTS FROM CLOSED SESSION City Manager McCarthy announced that on a unanimous roll call vote, the City Council gave confidential direction to their labor negotiators in a conference with agency negotiator Gina Donnelly regarding all Monterey employee organizations. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 7