Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 19, 2016 4:00 - 6:00 PM COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Roberson Absent: Councilmember Smith 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, Police Chief, Library Director, Chief of Planning Engineering & Environmental Compliance, Property & Housing Manager, Principal Planner, HPM Administrative Analyst, Principal Engineers CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson noted that Councilmember Smith and City Manager McCarthy are in Sacramento attending the State Water Resources Control Board hearing regarding extending the Cease and Desist Order. He opened public comments on items not on the agenda. John Williams said that he has been picking up trash for years, and many of the trash cans on and near the Wharf are disappearing. Mayor Roberson said that staff would look into the matter. Having no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Barrett asked to remove Item 5 from the Consent Agenda for discussion. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted the Consent Agenda, except Item No. 5: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, July 19, 2016 Approval of Minutes 1. July 5, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-09) Action: Approved (4-0-1; Smith absent) Award of Contracts 2. Award Construction Contract for Citywide Sidewalk Repair, Phase 2 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure P*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 16-139 C.S. (4-0-1; Smith absent) Resolutions 3. Approve a Contract Amendment for the DMDC Meter Installation Project, Phase II (Excluded from NEPA per Title 32 CFR 651 Appendix B Categorical Exclusion II (c)(1) and II (c)(2); (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***PMSA*** (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-140 C.S. (4-0-1; Smith absent) 4. Approve an Appropriation of Funds from the Sewerline Maintenance Fund and Authorize a Memorandum of Agreement with the Monterey Regional Water Pollution Control Agency (MRWPCA) for a Multi-Agency Inspection Services Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 16-141 C.S. (4-0-1; Smith absent) 5. Award On-Call Electrical Engineering Design Services Professional Services Agreements (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Removed from Consent; adopted Resolution No. 16-142 C.S. and Resolution No. 16-143 C.S. (4-0-1; Smith absent) Assistant City Manager Uslar gave a brief report on the item and answered Councilmembers' questions. Councilmember Barrett said that it would be helpful to include additional information regarding the companies being selected. Councilmember Downey suggested that staff invite the Mayor and Councilmember Barrett to observe the process. Mayor Roberson opened public comment on the item, had no requests to speak, and returned the discussion to the dais. 2  City Council Minutes Tuesday, July 19, 2016 On a motion by Mayor Roberson, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolutions No. 16-142 C.S. and 16-143 C.S., approving on-call electrical engineering design services professional services agreements: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. Amend Resolution 15-120 Changing the Position Control List by Deleting One Human Resources Assistant position and Adding one Human Resources Specialist in the Human Resources Department and Authorize a Transfer of Funds (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 502-03) Action: Adopted Resolution No. 16-144 C.S. (4-0-1; Smith absent) 7. Adopting a Successor Memorandum of Understanding (MOU) with the Monterey Executive Management Employees’ Association (MEMEA) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 701- 13) Action: Adopted Resolution No. 16-145 C.S. (4-0-1; Smith absent) Other 8. Appoint Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 96 Fisherman's Wharf; Agency Negotiators: John Mahoney, Dino Pick, Kimberly Cole, and Janna Aldrete; Negotiating Parties: Monterey Sportfishing, Inc. (Mr. Benji Shake); Under Negotiation: Terms and Conditions for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-09) Action: Appointed negotiators (4-0-1; Smith absent) ***End of Consent Agenda*** PUBLIC HEARING 9. 1st Reading – M.C.C. Sections 38-15, 38-28, 38-29, 38-30, 38-31, 38-32 and 38-115 Amendments to Require a Conditional Use Permit and Off-street Parking for Massage Establishments; (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Passed Ordinance to print 3  City Council Minutes Tuesday, July 19, 2016 Principal Planner Caraker answered Councilmembers' questions. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council passed the Ordinance to print, amending M.C.C. Sections 38-15, 38-28, 38-29, 38-30, 38-31, 38-32 and 38-115, to require a conditional use permit and off-street parking for massage establishments: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. 1st Reading – M.C.C. Sections 38-11 and 38-138 - 38-147 to Delete Water Efficient Landscaping Regulations and Defer Instead to Regional and State Regulations; (Exempt from CEQA per Article 19 Section 15305) (Plans & Public Works - 201-12) Action: Passed Ordinance to print Principal Planner Caraker gave a brief presentation. Mayor Roberson opened the Public Hearing, had no requests to speak, and closed the hearing. On a motion by Councilmember Downey, seconded by Mayor Roberson, and carried by the following vote, the City Council passed an ordinance to print amending M.C.C. Sections 38-11 and 38-138 - 38-147 to delete water efficient landscaping regulations and defer instead to regional and state regulations: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 11. 1st Reading - to Amend Sign Ordinance (Chapter 31) to Change Parking Lot Sign Conditions, Add Temporary Private Party Ground-Mounted Signs on Private Property; Add Noticing Requirements for Specific Signs; Address Legal Nonconforming Signs; Amend Definitions; and Amend Citywide Sign Guidelines (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-11) Action: Tabled On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the item: 4 City Council Minutes Tuesday, July 19, 2016 AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None WATER UPDATE Assistant City Manager Uslar gave an update on the progress being made at the Sacramento hearing on the CDO. Councilmember Downey clarified that the Water Board's staff had changed their recommendation to be more favorable to the Peninsula, and she said that is the reason she did not attend the hearing. She reported that the attorney for the Water Authority did not yet present a report on his responsibilities. Mayor Roberson expressed his hope that the State Water Resources Control Board will take action to extend the CDO so the Peninsula's water supply would not be drastically reduced. COUNCIL COMMENTS Councilmember Haffa reported that he attended the celebration of the Sloat Landing at Custom House Plaza along with Councilmember Downey. He shared a portion of the recently released Grand Jury Report regarding homelessness and homeless women and reported that the lack of affordable housing was identified as the cause. Councilmember Downey reported that she attended the opening of Dali exhibit at the Museum of Monterey. She expressed her appreciation for the Sloat Landing celebration. She said that the City has an opening on the ARC, and she invited people to apply for the position. Ms. Downey suggested that Council schedule a five hour Council Retreat on a Saturday. Councilmember Barrett said that he appreciated having attention drawn to the Grand Jury Report on housing and homelessness, and noted that the status quo is not working so policies are needed to address the issue. He said that many families are caring for aging elders, and some elders are on their own with limited support and networking. He said that the VNA adult daycare center has been one place elders could go in the past, but that center is going to be closing at the end of August due to a lack of funding and the expiration of their lease. He asked staff to see if there is a way the City could engage. Mayor Roberson reported that Trinity High School is in the process of moving into the Bayview School. He said that Bayview Academy Middle School is moving to Larkin School. CITY MANAGER REPORTS Assistant City Manager Uslar reported that the Plans & Public Works department is in the process of working on the areas surrounding the schools mentioned by the Mayor. He reported that the water meeting is still going on in Sacramento, Councilmember Smith spoke just a few minutes ago, and many Peninsula representatives are in attendance. He said that Monterey was recently honored in Washington D.C. in recognition of our sister city program through 5 City Council Minutes Tuesday, July 19, 2016 Sister Cities International. He reminded Council that the August 2 meeting would be cancelled. Mayor Roberson opened public comments on the closed session items. Chalet Booker, Museum employee, spoke on behalf of the Regular Part Time employees. She said that those employees are part of the Monterey family, but have not been included in pay increases since 2010. She asked Council to consider them during negotiations. With no further requests to speak, Mayor Roberson closed public Comments on the closed session items, and adjourned the meeting to closed session at 4:41 p.m. On request, Mayor Roberson reopened the meeting for public comments on closed session items. Benji Shake, tenant at 96 Fisherman's Wharf, thanked the staff for looking over his proposal. With no further requests to speak Mayor Roberson closed public comments. ADJOURNMENT Mayor Roberson adjourned the meeting to closed session at 4:45 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following actions from the closed session, which ended at 6:00 p.m. On a 3-1-1 roll call vote, with Councilmember Barrett voting no and Councilmember Smith absent, the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 6 Fisherman's Wharf 1, where price and terms for payment of lease were under negotiation. On a 4-0-1 roll call vote, with Councilmember Smith absent, the City Council gave confidential direction to their negotiators in a conference with real property negotiators regarding property at 43 Fisherman's Wharf, where terms and conditions for a new lease were under negotiation. The City Council held a discussion and took no action in a conference with real property negotiators regarding property at 96 Fisherman's Wharf, where terms and conditions for a lease extension were under negotiation. The City Council did not hear the conference with labor negotiators, so no action was taken. The City Council held a discussion and took no action in a conference with legal counsel, where a decision whether to initiate litigation in one case was under discussion. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources / City Clerk Mayor 6