Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 7, 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, HPM Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognize Arbor Week and Receive the 35th Consecutive Tree City Award (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-17) Action: Received presentation and award Mayor Roberson read a Proclamation declaring the week of June 6 Arbor Week. City Manager McCarthy introduced the item. Acting City Forester Morton introduced Fire Chief Panholzer who announced the award on behalf of California Department of Forestry and Fire Protection. Mr. Morton presented additional details, and introduced Justin Prouty. He noted that Retired Forester Reid received the True Professionals Award. Mr. Reid made brief comments about his support of Monterey's urban forestry program. 2. Presentation by the Monterey Police Department Describing the Implementation of the Community Policing Initiative (CPI) (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 101-01) Action: Received presentation Police Chief Hober introduced Lieutenant Bill Clark and Sergeant Ethan Andrews, who gave the presentation and answered Councilmembers' questions. On a Councilmember's request, Sergeant Andrews introduced his team. PUBLIC COMMENTS Mayor Roberson suggested delaying the Budget item until the evening session to allow time for the closed sessions this afternoon, and Council agreed. Mayor Roberson opened public comment on items not on the agenda. Scott Hanson, Del Monte Grove Laguna Grande Neighborhood, thanked the Police Department for their work. Esther Malkin thanked the Police Department for everything they have been doing in her neighborhood. With no further requests to speak, Mayor Roberson closed public comments.  City Council Minutes Tuesday, June 7, 2016 CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent agenda, except Item 6, which was tabled, and Item 8, which was removed for discussion: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. May 17, 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. 1st Reading – Add Monterey City Code Section 2-3.4 and Amend 1st Reading – Add Monterey City Code Section 2-3.4 and Amend Sections 1-11.1, 1-11.2, 1-11.3, 2-8, 26-4, and 26-23, to Adopt Remedies for Failure to Comply with State and Local Ethics Training Requirements for Members of Legislative Bodies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-11) Action: Passed Ordinance to print 5. 1st Reading to Amend Monterey City Code Section 23-14 to Allow Wheelchairs, Scooters, Roller Skates, and In-line Skates in the Skate Park and Require Use of Protective Gear (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Passed Ordinance to print 6. 1st Reading – M.C.C. Table 31-1 Amendment to Change Parking Lot Sign Conditions; Section 31-5 Amendment to Add Noticing Requirements for Specific Signs; Section 31-10 Amendment to Add “Roof Sign” Definition; and Amend Citywide Sign Guidelines (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) – Recommended to table pending further analysis (Plans & Public Works - 101-03) Action: Tabled Resolutions 7. Amend Resolution 15-103 C.S. to Allow an On-Site Manager's Unit; Authorize City Manager to Execute a Disposition and Development Agreement Between City of Monterey and Mid- Peninsula The Farm, Inc. and the Ground Lease; Authorize Application for the Affordable Housing and Sustainable Communities Program ("AHSC") for the Van Buren Street Senior Housing Development; and Authorize the City Manager to Enter into a Grant Agreement and Appropriate Grant Funds (NEPA Environmental Assessment per CFR 58.36; Exempt from CEQA per Sections 15192 and 15194) (Plans & Public Works - 203-02) Action: Adopted Resolution No. 16-104 C.S., Resolution No. 16-105 C.S., and Resolution No. 16-106 C.S. 2  City Council Minutes Tuesday, June 7, 2016 8. Appropriate Tidelands Funds and Award Professional Service Agreement for Appraisal of the Leased Tidelands at 886 Cannery Row (Monterey Bay Aquarium) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-05) Action: Removed from Consent; directed staff to bring the item back in July, 2016 Mayor Roberson opened public comment on the item. Barbara Meister asked Council to continue this item until July so she could have additional time to provide historical information regarding the lease. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith said he would favor moving forward with the appraisal since this is a contractual issue. Councilmember Barrett said he would be willing to delay the item. Hearing from staff, Mr. Smith said he would support the delay as long it is heard in July. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council delayed hearing the item until July: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Award Professional Services Contract for Independent Audit Services to The Pun Group (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Adopted Resolution No. 16-107 C.S. 10. Award a Contract for the Purchase of a Used (15) Ton Carry Deck Crane and Authorize A Transfer and Appropriation of Funds (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 16-108 C.S. 11. Amend Resolution 15-120 Changing the Position Control List by Adding (1) New 30-Hour Regular Part-Time Harbor Security Worker Position in the Harbor/Marina Divisions and Authorizing an Appropriation of Funds (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. 16-109 C.S. 12. Enter Into an Agreement with the California Highway Patrol for a Construction Zone Enhanced Enforcement Program 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. 16-110 C.S. 13. Establish the 2016-17 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20. Section 15378 and Under General Rule Article 19. Section 15061) (Finance - 406- 01) Action: Adopted Resolution No. 16-111 C.S. 3  City Council Minutes Tuesday, June 7, 2016 14. Appropriate Funds Donated to the Library Trust Fund in the 2015-16 and 2016-2017 Library Trust Fund Budgets (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)(Library 406-04) (Library - 406-04) Action: Adopted Resolution No. 16-112 C.S. 15. Award a Contract for the Purchase of (1) New Sewer Cleaning Jet Truck and Authorize the Appropriation of Funds (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 16-113 C.S. Other 16. Revise Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1187 Del Monte Avenue, Negotiators: Dino Pick, Kimberly Cole and Janna Aldrete; Negotiating Parties: Mohr Imported Cars, Inc.; Under Negotiation: Price and Terms of Payment for 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: Approved 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 613-669 Van Buren Street: Agency Negotiators: Kimberly Cole, Elizabeth Caraker and Rick Marvin; Negotiating Parties: Mid-Peninsula The Farm, Inc.; Under Negotiation: Length of Term and Rent Structure for Proposed Ground 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: Approved 18. Authorize the Mayor to Sign a Letter of Support for SB 945 (Monning), Pet Boarding Facilities, which Addresses Fire Safety Standards (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 201-12) Action: Authorized ***End of Consent Agenda*** PUBLIC APPEARANCE 19. Approve Fiscal Year 2016-17 Budget Appropriations and Transfers and Amending Resolution 15-120 Changing the Position Control List (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Finance - 406-02) Action: Continued to Evening Session; received report; adopted Resolution No. 16-114 C.S. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to the evening. AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council adjourned to closed session at 4:42 p.m. 4 City Council Minutes Tuesday, June 7, 2016 Mayor Roberson reconvened the meeting at 7:04 p.m. All Councilmembers were present. Finance Director Forbis presented the staff report on the Budget amendments and answered Councilmembers' questions. Councilmembers expressed interest in bringing back items such as a fee study and rental subsidies for discussion at a later date. Mayor Roberson opened the floor for public comments on the item. DeAnn Brady, Cannery Row Business Association President, reviewed projects that the businesses have partnered with the City to complete and services provided by the association. She listed projects that are currently under consideration. John Narigi said that the BIDs should serve as a model for other business districts, saying that Cannery Row is a good example of what can be done with long term planning. He asked Council to direct staff to work with the Cannery Row Association on a pilot program. Mayor Roberson closed public comments. Mayor Roberson said that he has no problem with matching funds, but does not want to use a formula. Councilmember Haffa agreed, and said that he is interested in infrastructure improvements. Councilmember Smith offered kudos to the Cannery Row Association for their accomplishments. It was moved by Councilmember Smith, and seconded by Councilmember Downey to direct staff to collaborate with Cannery Row Association to explore and bring back options of how to raise additional funding for a pilot program. 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 On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 16-114 C.S. to approve the Fiscal Year 2016-17 Budget appropriations and transfers and amending Resolution 15-120 changing the Position Control List: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge of Allegiance. CONTINUED PUBLIC COMMENTS Luis Osorio said that today is voting night and people are feeling disjointed from elected officials because they are not responsive to the peoples' will. He said that this also happens at the local level, so change has to happen at the local level, which requires leadership. He urged Council to be on their toes about moving forward. Nina Beety reported on the US Toxicology Report relating to radiation and tumors in rats. She voiced concerns regarding cell phone radiation as a 5  City Council Minutes Tuesday, June 7, 2016 carcinogen. Katrina Hintze reported on Monterey High School's Sober Grad Night and thanked the whole community for their support. Having no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: The City Council gave confidential direction on a unanimous roll call vote to their negotiators John Mahoney and Janna Aldrete in a conference with real Property negotiators regarding property at 6 Fisherman's Wharf 1; negotiating party: Sam Balesteri regarding price and terms for payment of lease. An item was withdrawn and no action was taken on an agendized conference with real property negotiators regarding property at 613-669 Van Buren Street. The City Council on a unanimous roll call vote approved lease terms as presented in a conference with real property negotiators Dino Pick, Kimberly Cole and Janna Aldrete regarding property at 1187 Del Monte Avenue; negotiating parties: Mohr Imported Cars, Inc., with price and terms of payment for lease under negotiation. She reported that the two remaining closed session items, conferences with labor negotiators, were not heard due to time constraints. WATER UPDATE 20. Discussion of Monterey Peninsula Regional Water Authority Budget (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Downey - 406-06) Action: Received and discussed report Councilmember Downey introduced Paul A Sciuto, General Manager of MRWPCA, who gave an update on the Pure Water Monterey Groundwater Replenishment Project. MPRWA Executive Director Cullem presented a report on the Authority's proposed FY 2016-17 Budget and each member City's contribution, saying that it would be presented to the Board at the next meeting. He gave a brief report on actions in which the Water Authority is engaged. Mayor Roberson opened public comment on the item. Nina Beety voiced concerns on toxic chemicals that could be present in the recycled water and said that she has no confidence in regulatory agencies. John Narigi, Vice President of the Coalition of Businesses, urged Council to remain as a partner in the Water Authority. Wanda Sue Parrot suggested consolidating salt from the desal plant into salt licks to be sold to farmers to raise funding for homeless women. Having no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson suggested that Council assign the money that is already anticipated and allocate additional money later if necessary. Councilmember Haffa supported budgeting $115,500 and assuming participation by the County. Councilmember Smith agreed that the City should fully commit and continue urging the County to participate. Councilmember Downey suggested that each City rotate providing an attorney for each meeting to save money. Councilmember Barrett suggested planning a contingency of $115,000 in the future, pending upcoming actions and information. 6  City Council Minutes Tuesday, June 7, 2016 Mayor Roberson voiced concerns regarding the high cost of legal fees for special counsel. He noted that several other local agencies use attorneys and some of the legal review becomes redundant. He said that the Water Authority should be a rate payer advocate. Councilmembers agreed that there might be opportunities to save money. Mayor Roberson called a recess at 8:34 p.m. and reconvened the meeting at 9:45 p.m. The Council agreed to hear Item 23 next. COUNCIL COMMENTS Councilmembers agreed to defer their Council Comments to a later date. CITY MANAGER REPORTS There was no City Manager report PUBLIC HEARING 21. Continue to Levy Assessments on Lodging Businesses within the Monterey County Tourism Improvement District (MCTID) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Finance - 407-08) Action: Held Public Hearing; adopted Resolution No. 16-115 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the Hearing. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-115 C.S., continuing to levy assessments on lodging businesses within the Monterey County Tourism Improvement District (MCTID): AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 22. Adopt Resolutions to Levy Assessments to Fund the Cannery Row, New Monterey, and North Fremont Street Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Plans & Public Works - 407- 08) Action: Held Public Hearing; adopted Resolution No. 16-116 C.S., Resolution No. 16-117 C.S., and Resolution No. 16-118 C.S. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the Hearing. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 16-116 C.S., Resolution No. 16-117 C.S., and Resolution No. 16-118 C.S., levying assessments to fund the Cannery Row, New Monterey, and North Fremont Street Business Improvement Districts: 7  City Council Minutes Tuesday, June 7, 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 Council agreed to hear Item 19 as the next item. PUBLIC APPEARANCE 23. Adopt the FY 2016/17 Neighborhood Improvement Program (See report for project-specific environmental determination) (Plans & Public Works - 406-03) Action: Adopted Resolution No. 16-119 C.S., approving the proposed NIP Budget for FY 2016/17, with the exception of the Ferrante Park Design Study (VDM-2) and the Dennis the Menace Caboose (CW-38) projects City Engineer Krebs reviewed corrections to the Resolution and staff report, gave a brief overview, and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. NIP Spokesperson Heuer said that he does not understand why staff is not recommending approval of two of the projects. He explained why the NIP is recommending installation of a caboose at Dennis the Menace park and a study of Ferrante park. Tom Reeves spoke in support of the caboose project. Carol Jones supported approval of the NIP recommendation, and in particular supported the drainage project on Soledad. Kathleen Baker, NIP Alternate, spoke in support of the project to develop a warming shelter. She asked others in support of that project to stand, and four people in the audience stood. Wanda Sue Parrot supported the warming shelter project. Ted Pepelis, President of Villa Del Monte Association, spoke in support of the Ferrante park study project. Katrina Hintze spoke in support of the Ferrante park study project. Carol Pablo, Vice President of Villa Del Monte Neighborhood Association and NIP Alternate, spoke in support of the Ferrante Park study. Josina Nicole spoke about the thoughtfulness of NIP deliberations and spoke in support of the Ferrante Park study. Jennifer Bodensteiner, Villa Del Monte Resident, opposed the Ferrante Park study. Russ Leven said that many children have benefited from the ballfield at Ferrante park, and he opposed the study. Rick Heuer explained the NIP process, saying that there were many opportunities to speak. He supported the Ferrante park study to see what can be done. With no further requests to speak, Mayor Roberson returned the discussion to the dais. On question, City Manager McCarthy explained that he would not be able to recommend removing the ballfield in good conscience, and he did not believe it was a good use of funds to study the sliver of land around the field. Councilmember Haffa suggested sending the Ferrante Park matter back to the NIP and ask them to rescope the study with the baseball field remaining as a part of the park. Councilmember Smith suggested using the funds to collaborate with the neighborhood to identify ways to improve the current facilities rather than studying it. Councilmember Barrett acknowledged the hoteliers who provide the engine to fund the NIP program. He said that he prefers the idea of putting the money to use implementing some 8  City Council Minutes Tuesday, June 7, 2016 issues in the neighborhood plan rather than a study. He supported the caboose project, and Councilmember Haffa agreed. Councilmember Downey said that the train is very important, but $350,000 is a lot of money. She said that Ferrante park needs to retain the ballfield, and she favored using the Ferrante park funds to implement the neighborhood plan rather than a study. Councilmember Smith said that he does not support the caboose because the cost is prohibitive. He said that it would require moving the engine. Mr. Barrett said there has been a long discussion about making the train safely accessible. He supported the project. After further discussion, the City Council agreed that the caboose project should be sent back to the NIP to be rescoped and the Ferrante park study should be sent back with direction to keep the baseball field intact and a suggestion that the NIP determine if there is work that can be done to refresh the park. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council referred the caboose project back to the NIP and the Parks and Recreation Commission for rescoping: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Haffa, and seconded by Councilmember Smith to refer the Ferrante park project by to the NIP with a suggestion to use the funds to improve the current facilities rather than studying it, via collaboration with the neighborhood to identify ways to augment the use and improve the park. 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 Councilmember Smith recused himself from voting on projects MV2 and MV9. On a motion by Councilmember Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 16-119 C.S., approving the FY 2016/17 Neighborhood Improvement Program as amended: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council agreed to hear Items 21 and 22. 24. Receive Report and Provide Direction on Possible Citywide Bike Share Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Received report and continued the matter to June 21, 2016 9 City Council Minutes Tuesday, June 7, 2016 Assistant Planner Roveri presented the staff report and answered Councilmembers' questions. Mayor Roberson said that due to the lateness of the hour, he would like to take up this discussion at an upcoming meeting. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council continued the item to the June 21 meeting. 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 at 11:13 p.m. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources / City Clerk Mayor 10