Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 17, 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, Police Chief, Finance Director, Community Services Director, Fire Chief, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, Housing & Property Manager, Assistant Finance Director, Principal Engineer, Housing & Property Manager, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Present Proclamation for Recovery of Historic Statue (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Manager - 209-01) Action: Presented proclamation Mayor Roberson presented a Proclamation to Sydney Martindale, and she shared the story of how she found the missing head of the statue. 2. Recognize Plans and Public Works 2016 Belt Buckle Recipients and Professional of the Year Award (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 employees City Manager McCarthy introduced the item, and Deputy City Manager Pick made the presentations to Ethan Callihan, Ron Garcia, Tom Ryan, and Barbara Sterns. He noted that Elvie Camacho, who was not present, had received the Professional of the Year award. 3. Presentation by United Way of Monterey County (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received report Katy Castagna, President and CEO of United Way Monterey County, made the presentation. Ronn Rygg, Director of 2-1-1, followed up with additional details on the program. Ms. Castagna acknowledged the City employees' generosity and asked for Council's continued support. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, the City Council approved the Consent Agenda:  City Council Minutes Tuesday, May 17, 2016 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property 330 – 350 Alvarado Street; Negotiators: Dino Pick, Kimberly Cole and Janna Aldrete; Negotiating Parties: Green Valley Corporation; Under Negotiation: Terms and Conditions to Grant Consent to Sublease the Theater/Café Space (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 5. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Crematorium Located in El Encinal Cemetery (Fremont Street and Camino Aguajito) Negotiators: Dino Pick, Kimberly Cole and Janna Aldrete; Negotiating Parties: Keystone America, Inc Under Negotiation: Terms and Conditions to Consent to Lease Extension (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 ***End of Consent Agenda*** Council adjourned to the closed session at 4:40 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m., and all Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Carmella Contesane voiced concerns regarding noise pollution and the homeless problem. She said her guide dog was attacked by an off leash dog in Laguna Grande Park, and she asked that more citations be written for people with off leash dogs. She said that noise from airplanes and the airport is unacceptable. Esther Malkin voiced concerns regarding several recent home burglaries in her neighborhood. She asked why public funds are paying for private security downtown when neighborhoods have issues with crime. Marlene Perfecto Huckleberry invited the City Council and Mayor to meet with the major social service agencies in the County with regard to the 2-1-1 telephone line. Mimi asked to give her three minutes of speaking time to the next speaker. Nina Beety said that sardines, anchovies, herring, and squid are disappearing, and she voiced concerns about the health of ocean wildlife due to lack of plankton and the catastrophic increase of radiation. Jennifer Bodenheimer spoke in opposition to the proposed Ferrante Park Design Study NIP project, noting the importance of the ballfield and saying that a study is not needed. 2 City Council Minutes Tuesday, May 17, 2016 Katrina Henske said that she understands the importance of the ballfield in Ferrante Park to the nearby residents, and said that there is no plan to remove it. She said that it can only be used by children under ten and is vacant much of the time. Mike Emmet, a resident across the street from the Ferrante ballfield, said that it is important for teaching kids life lessons. He said that Council should use previous studies and not agree to fund the new study proposed by the NIP. With no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: On a unanimous roll call vote, the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 566 Private Bolio Road, with negotiating parties KinderCare Education regarding terms and conditions for negotiating a new sublease agreement for the Children's Creative Learning Center. On a unanimous roll call vote, the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 330-350 Alvarado, with negotiating parties Green Valley Corporation regarding terms and conditions to grant consent to sublease for Theater/Cafe space. On a unanimous roll call vote, the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property located in El Encinal Cemetery, Fremont Street and Camino Aguajito, with negotiating parties Keystone America, Inc. regarding terms and conditions to consent to a lease extension. A scheduled conference with labor negotiators regarding all employee organizations was not held, so no action was taken on that item. WATER UPDATE Councilmember Downey reported on the Water Authority budget that was discussed at the most recent Water Authority meeting. She said that the County has not yet agreed to pay their share of the costs for the past two years, so three Water Board members attended the Board of Supervisors meeting to urge them to participate. She asked to hear feedback from the City Council regarding whether to increase the cost for the attorney fees in the upcoming year. Councilmembers generally supported urging the County to participate monetarily. They discussed the importance of legal support, but noted that accountability is needed and that expenditures should be analyzed and rationalized. Council agreed that a new water supply is a priority for the City, but cautioned against duplicative work and rising legal expenses. Councilmember Downey clarified that the cost for GWR will be about $1,720 per acre foot compared to approximately $6,000 for desal. Mayor Roberson reported that he had a phone conference with Senator Monning, and the Senator’s office has been working diligently to support the five year extension of the CDO and he will work closely with the City to move things along. Mayor Roberson opened public comments on the item, had no requests to speak, and closed public comments. 3 City Council Minutes Tuesday, May 17, 2016 COUNCIL COMMENTS Councilmember Smith reported on last week's AMBAG meeting, highlighting a report on a possible change to how gas taxes are charged. He said that Highway 68 roundabout construction is coming soon, and MST is dramatically reducing their pricing for bus fares in order to relieve traffic congestion while the project is underway. Councilmember Barrett said that he is continually impressed by the high quality work done by Monterey's staff. He said that the City is the only option for certain types of services, so there is no market-driven downward pressure on fees. He said he received a report on what it would cost to reduce fees, but he said he would like an internal audit and detailed analysis of how to achieve reductions. Mr. Barrett reported that the Council Subcommittee is about to begin the interview process for Board and Commission appointments. He said it would be inappropriate to inhibit anyone from forwarding an application to the subcommittee. He said that in a prior public meeting the Council unanimously agreed to have a Council retreat and he would like to move forward and find some way to schedule it, or alternatively have a meeting without all Councilmembers present. Councilmember Downey reported on last week's Language Capital of the World festivities, saying that it was an amazing event and thanking Deputy City Manager Pick for his work on the event. She reported that Chartwell School toured the sewer plant. She said that she hopes that the pet facilities ordinance can be modified to require an attendant on site. She asked to review the board and commission appointment policy at an upcoming meeting. Ms. Downey thanked the Aquarium for participating in the shuttle service. She supported scheduling the retreat. She asked for follow-up on the Community Foundation’s interest in helping with a homeless shelter. Councilmember Haffa reported that he attended a meeting of the Community for Sustainable Monterey County, which he said is a good organization. He said that he serves on a FORA subcommittee to look at what will happen to FORA after 2020, such as dissolution or formation of a new JPA. He thanked Councilmember Smith for filling in for him last Friday so he could attend a forum on the Peloponnesian War, which focused on the value of a strategic plan. He agreed that he wanted Council to get together for a retreat. CITY MANAGER REPORTS City Manager McCarthy said that the Language Day festivals were well attended and an amazing event. He reported on the recent HBO filming activities in town. CONSENT ITEMS Mayor Roberson reported that Senator Monning has introduced SB945, Pet Boarding Facilities Standards, and he asked to agendize support of the bill. The bill would require a monitored fire alarm system or a fire suppression sprinkler system. Mayor Roberson opened the Consent agenda for public comments. Ms. Hollingsworth voiced concerns regarding how the Ordinance on Item 8 is written, asking that it is written to require a monitored smoke alarm. With no further requests to speak Mayor Roberson closed public comments. Staff clarified that the Ordinance does require a monitored alarm system. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent agenda: 4  City Council Minutes Tuesday, May 17, 2016 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 6. May 3, 2016 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 7. Award a Construction Contract for the Monterey Sports Center HVAC Repair Project ***CIP*** (Exempt from CEQA per Article 19, Section 15301, Class 1) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 16-088 C.S. Ordinances 8. 2nd 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: Adopted Ordinance No. 3541 Resolutions 9. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District, the New Monterey Business Improvement District, and the North Fremont Business Improvement District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 407-08) Action: Adopted Resolution No. 16-089 C.S., Resolution No. 16-090 C.S., and Resolution No. 16-091 C.S. 10. Authorize Staff to Submit Applications for Payment Programs and Related Authorizations through the Department of Resources, Recycling and Recovery (CalRecycle) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Adopted Resolution No. 16-092 C.S. 11. Approve the Annual Report and Approve a Resolution to Set a Public Hearing Date to Levy the Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 407-08) Action: Adopted Resolution No. 16-093 C.S. 5  City Council Minutes Tuesday, May 17, 2016 12. Authorizing the Appropriation and Transfer of Park Dedication Funds for Dennis the Menace Park ADA Pathway Upgrades, Archer Park Improvements, and Laguna Grande Park Pathway Improvements (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. 16-094 C.S. 13. Authorize the City Manager to Enter into an Agreement with the County of Monterey for Tobacco Retail License Administration Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 704-05) Action: Adopted Resolution No. 16-095 C.S. 14. Amend Ag-22 By Increasing the City’s Financial Support to the Association of Monterey Bay Area Governments (AMBAG) from $5,000/Fiscal Year to $10,000/Fiscal Year for AMBAG’s Day-To-Day Involvement with the Monterey Bay National Marine Sanctuary (MBNMS) and its Sanctuary Advisory Council (SAC) (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 704-05) Action: Adopted Resolution No. 16-096 C.S. 15. Authorize a Contract for Citywide Sewer Main Root Foaming Services (Exempt from CEQA per Article 19, Section 15301, Class 1) (Plans & Public Works - 802-11) Action: Adopted Resolution No. 16-097 C.S. 16. Accept Annual Reports for the Old Monterey Business Association and the Fisherman's Wharf Business Association (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. 16-098 C.S. and Resolution 16-099 C.S. 17. Approve Special Events Support Grant Program Funding of $99,925.00 for 22 Community Events for Fiscal Year 2016-2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 302-06) Action: Adopted Resolution No. 16-100 C.S. 18. Appropriate $87,247.83 from the Parking Fund for the Summer, 2016 Express Trolley Shuttle Service (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. 16-101 C.S. ***End of Consent Agenda*** Mayor Roberson called a recess at 8:20 p.m. and reconvened the meeting at 8:33 p.m. PUBLIC APPEARANCE 19. Consider Planning Commission Recommendation to Adopt a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Villa del Monte Neighborhood Revitalization Plan and Adopt the Plan (Plans & Public Works - 201-12) Action: Adopted Resolution No. 16-102 C.S. and amended the Plan and adopted Resolution No. 103 C.S. Mayor Roberson said it is important to approve the plan, but if there are one or two items that are controversial, those could be set aside to discuss and resolve later. Principal Planner Caraker presented the staff report and noted that the plan does not address the Helvic/Portola/Casa Verde intersection. 6  City Council Minutes Tuesday, May 17, 2016 Mayor Roberson opened the floor for public comments on the item. Katrina Hentze thanked staff for working together to update the plan and said that she completely supports it now. She said it brought the neighborhood together. Harry Mucha, Villa Del Monte homeowner, said that this plan is a vision and a first in Monterey. He said that he was impressed most by the process. Kala Fossom said that she is a big proponent of this plan and the process was an awesome experience. She encouraged Council to adopt it. Having no further requests to speak, Mayor Roberson closed public comments. On question, NIP Coordinator Krebs clarified that the controversial intersection has been approved for design only. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolutions approving a Mitigated Negative Declaration and a Mitigation Monitoring and Reporting Program for the Villa del Monte Neighborhood Revitalization Plan and added wording to the plan that the "Helvic/Portola/Casa Verde intersection is in process for design under a separate NIP process" and adopted the Plan: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PRESENTATIONS 20. Presentation by Monterey County Convention and Visitors Bureau (MCCVB) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received report Tammy Blount, MCCVB President and CEO, gave the presentation and answered Councilmembers' questions. Councilmember Haffa said that he appreciates the data driven approach. He said it is important to remember the benefit the TOT brings to the Neighborhood Improvement Program, which receives 16% of the taxes. Mayor Roberson gave some background and history relating to the NIP. Councilmember Smith thanked Ms. Blount and said he enjoys serving on the MCCVB board. Councilmember Downey thanked Ms. Blount for helping with the Conference Center issue. Councilmember Barrett said that he found the transition to content-based marketing interesting. 7 City Council Minutes Tuesday, May 17, 2016 ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 9:25 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 8