Council Regular Meeting
Regular MeetingMonterey, CA · August 16, 2016
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, August 16, 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, Human
Resources Director, Housing & Property Manager, City Engineer, HPM
Administrative Analyst
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:00 p.m.
PUBLIC COMMENTS
Mayor Roberson opened the floor for public comments on items not on the agenda. Laura,
Visiting Nurse Association Adult Center, described the program at the adult center and voiced
concerns that it is scheduled to close. She asked the City to provide a space for the program.
Mary Bristow voiced concerns regarding the imminent closure of the VNA adult day program.
Gail Gonzales asked the Council to find a space for the VNA adult day program.
Joyce Benny said that her husband is a patient at the VNA adult day care center and asked
Council for their help. Jennifer Hewitt, nurse and caregiver, asked the City to help them find a
place for the program. Carry Glasgow introduced Jollymon, a therapy dog. She asked that
Council please help save the program. Frank Schiavone, Citizen's Climate Lobby--Monterey
Chapter, said that his group is going to submit a Resolution to the Council asking for their
support of a "carbon fee and dividend." He said it would help people transition to a carbon-free
environment. Having no further requests to speak, Mayor Roberson closed public comments.
CONSENT ITEMS
Mayor Roberson said that he had requests to remove Items 12 and 15 from Consent for public
comments. Councilmember Downey asked to remove Item 13 as well.
On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the
following vote, the City Council approved the Consent Agenda, except Items 12, 13, and 15,
which were 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
City Council Minutes Tuesday, August 16, 2016
Approval of Minutes
1. July 19, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General
Rule Article 19, Section 15061) (Information Resources - 701-09)
Action: Approved
Award of Contracts
2. Award On-Call Archaeological Services Professional Agreements (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. 16-146 C.S. and Resolution No. 16-147 C.S.
3. Transfer and Appropriate Funds and Award a Construction Contract for the Lighthouse Avenue
Adaptive Traffic Signal Control System Project ***NIP*** (Exempt from CEQA per Article 19,
Section 15301, Class 1(b)) (Plans & Public Works - 704-06)
Action: Adopted Resolution No. 16-148 C.S.
4. Award Construction Contract for Citywide Street Resurfacing (Slurry) Project, Phase 3 Project
as Part of the Measure P Street Repair Program (Exempt from CEQA Article 19, Section
15301, Class 1 and Categorically Excluded from NEPA per 32 CFR 775.6 (f)(8)) (Plans &
Public Works - 807-02)
Action: Adopted Resolution No. 16-149 C.S.
5. Award On-Call Civil Engineering and Surveying Services Professional Service Agreements (Not
a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061) (Plans & Public Works - 405-04)
Action: Adopted Resolution No. 16-150 C.S., Resolution No. 16-151 C.S., Resolution No.
16-152 C.S., and Resolution No. 16-153 C.S.
6. Award Contracts for On-Call Electrical Contractor 2016 for City and PMSA Projects ***CIP***
***PMSA*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule
Article 5, Section 15061; Excluded from NEPA per Title 32 CFR 651 Appendix B Categorical
Exclusion (e) (1)) (Plans & Public Works - 704-05)
Action: Adopted Resolution No. 154 C.S. and Resolution No. 155 C.S.
7. Award On-Call Appraisal Services Professional Service Agreements (Not a project under CEQA
Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public
Works - 405-04)
Action: Adopted Resolution No. 156 C.S., Resolution No. 157 C.S., and Resolution No.
158 C.S.
Ordinances
8. 1st Reading to Amend Monterey City Code Section 31-3 (Exempt Signs and Prohibited Signs),
Section 31-5 (add Noticing Requirements); and Section 31-10 (Definitions); and Adopt a
Resolution Amending the Citywide Sign Guidelines (Not a Project under CEQA per Article 20,
Section 15378 and Under General Rule Article 19, Section 15061) (City Attorney - 701-11)
Action: Passed Ordinance to print and adopted Resolution No. 16-159 C.S.
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City Council Minutes Tuesday, August 16, 2016
9. 2nd 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: Adopted Ordinance No. 3544 C.S.
10. 2nd 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: Adopted Ordinance No. 3545
Resolutions
11. Amend Traffic Resolution 98-186 C.S. Establishing a Truck Route on the Segment of
Lighthouse Avenue Between David Avenue and Central Avenue at the Pacific Grove City Limit
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061) (Plans & Public Works - 803-01)
Action: Adopted Resolution No. 16-160 C.S.
12. Appropriate Tidelands Funds and Award a Professional Service Agreement for Appraisal of the
Leased Tidelands at 886 Cannery Row (Monterey Bay Aquarium) (Not a Project Under CEQA
Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public
Works - 206-05)
Action: Removed from Consent; discussed; adopted Resolution No. 16-161 C.S. (3-2;
Haffa, Roberson voting no)
Mayor Roberson opened public comment on the item. Judy Souza, Monterey resident, voiced
her confusion regarding the City's leasing policies as they relate to the Aquarium. She asked
that the City not spend $31,000 for an appraisal of a non-profit educational institution. Jon
Chown said that the City has $8 million in the Tidelands Fund. He said that the money spent on
the appraisal would be wasted, and he opposed it.
Barbara Meister gave a brief presentation regarding the benefits, public purpose, and success
of the Aquarium. She said that the nominal rent is appropriate for the public purpose it serves,
as well as consistent with the purpose for the Tidelands. She said that while it is the City's right
to conduct the appraisal, it is likely to find that the nominal rent is appropriate. On question, she
said that she does not know of any appraisal that has ever been conducted. With no further
requests to speak, Mayor Roberson closed public comments on the item.
On request, Administrative Analyst Aldrete gave a brief presentation and answered
Councilmembers’ questions.
It was moved by Councilmember Haffa, and seconded by Mayor Roberson, to receive the staff
report, recognize the staff report and the report by the Aquarium as the City's rent review for the
property, and decline to conduct the appraisal at this time.
Councilmember Downey said that she believes that the rent review is required by the contract,
and there is a danger that a third party, such as the State Lands Commission, could sue the
City for not doing a thorough review.
Councilmember Haffa said that he believes the City has done a rent review tonight, and he
does not believe an appraisal will change the outcome. Mayor Roberson said that the economic
impact of the Aquarium had on the City has been enormous. Councilmember Smith voiced
concerns about a third party looking at this issue because there has never been an appraisal.
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City Council Minutes Tuesday, August 16, 2016
He said it is a fiscal and stewardship responsibility to conduct the appraisal regardless of
whether the rent is raised.
Councilmember Barrett said that the City has been a good steward of the waterfront, and there
has been no misappropriation of tidelands funds. He said that he prefers to have as much
information as possible and there is value in building that knowledge now. Councilmember
Haffa said that the staff has managed the public funds well.
The motion failed by the following vote:
AYES: 2 COUNCILMEMBERS: Haffa, Roberson
NOES: 3 COUNCILMEMBERS: Barrett, Downey, Smith
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by
the following vote, the City Council adopted Resolution No. 16-161 C.S.,
appropriating Tidelands Funds and awarding a professional service agreement for appraisal of
the leased Tidelands at 886 Cannery Row to The Dore Group, recognizing that conducting the
appraisal does not require that the rent ultimately be increased:
AYES: 3 COUNCILMEMBERS: Barrett, Downey, Smith
NOES: 2 COUNCILMEMBERS: Haffa, Roberson
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
13. Authorize the Appropriation of Funds to Professional Services Offset by Increased Revenues in
Plan Checking Fees and Construction Permit Fees in the Permit and Inspection Services
Division (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article
5, Section 15061) (Plans & Public Works - 403-02)
Action: Removed from Consent; discussed; adopted Resolution No. 16-162 C.S.
Councilmember Downey asked about whether fees were being increased, and staff clarified
that they are not. Mayor Roberson opened public comments on the item, had no requests to
speak, and returned discussion to the dais.
On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by
the following vote, the City Council adopted Resolution No. 16-162 C.S., approving the
appropriation of funds to professional services offset by increased revenues in plan checking
fees and construction permit fees in the Permit and Inspection Services Division :
AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
14. Authorize Application for the 2016 Edward Byrne Memorial Justice Assistance Grant and, if
Awarded, Authorize the City Manager, or his Designee, to Enter into a Contract and Appropriate
the Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article
5, Section 15061) (Police - 409-02)
Action: Adopted Resolution No. 16-163 C.S.
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City Council Minutes Tuesday, August 16, 2016
15. Appoint Agency Negotiators for Future Lease Negotiations (Not a project under CEQA Article
20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works -
206-01)
Action: Removed from Consent; discussed; appointed negotiators
Mayor Roberson opened the item for public comments. Allecia Garrett, “Loulou,” and Grace
Davis, “Gigi,” co-owners of Loulou's Griddle on the Wharf, said that their restaurant has been a
diner since 1948. They asked for a fair way to move forward with the lease negotiations. Having
no further requests to speak Mayor Roberson closed public comments on the item.
On a motion by Councilmember Roberson, seconded by Councilmember Downey, and carried
by the following vote, the City Council appointed agency negotiators for future lease
negotiations:
AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
16. Approve Rescope of El Dorado Traffic Calming Ph II Project ***NIP*** (Not a project under
CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans &
Public Works - 808-02)
Action: Adopted Resolution No. 16-164 C.S.
17. Amend the Salary Schedule to Provide a Salary Adjustment for the Chief of Inspection
Services/Building Official (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 19, Section 15061) (Plans & Public Works - 406-04)
Action: Adopted Resolution No. 16-165 C.S.
18. Authorize an Appropriation of Funds for the Systematic Safety Analysis Report Program
(SSARP) Grant, Phase 1 (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. 16-166 C.S.
19. Approve Supplemental Appropriation and Transfer of Funding for the Cypress Park
Repairs/Upgrade Project and the Cypress Park ADA Access to Tot Lot Project (Exempt from
CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04)
Action: Adopted Resolution No. 16-167 C.S.
20. Authorize Appropriation from Fiscal Year 2016/17 CIP Contingency Fund to the
Demolition/Dismantle and Removal for Recycling of Modular Building at 399 Madison Street
Project (30c0817) (Not a Project under CEQA per Article 20, Section 15378 and under General
Rule Article 5, Section 15061) (Plans & Public Works - 406-04)
Action: Adopted Resolution No. 16-168 C.S.
21. Adopt a Resolution Establishing Compensation and Benefits Package for Unrepresented
Executive Management Employees and Implementing Changes for Fiscal Year 16-2017 (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061) (City Manager - 507-08)
Action: Adopted Resolution No. 16-169 C.S.
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City Council Minutes Tuesday, August 16, 2016
22. Adopt Resolution Amending Hourly Wages for Regular Part-time and Part-time Temporary
Seasonal Classifications and Authorizing an Appropriation of Funds (Not a Project Under CEQA
per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human
Resources - 507-08)
Action: Adopted Resolution No. 16-170 C.S.
23. Authorize Staff to Explore Potential Partnership with US Coast Guard and Appropriate
$100,000 from the Tidelands Trust Fund to Develop Concept Plans for the Potential
Construction of Large Boat Berths in the Breakwater Area (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. 16-171 C.S.
24. Adopt a Successor Memorandum of Understanding (MOU) with the Police Lieutenants'
Management Association (PLMA) (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 19, Section 15061) (Human Resources - 507-07)
Action: Adopted Resolution No. 16-172 C.S.
25. Consent to an Amendment of the Monterey Regional Water Pollution Control Agency
(MRWPCA) Joint Powers Agreement to Support a Borrowing Agreement with the State Water
Resources Control Board (Not a project under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061) (Plans & Public Works - 706-04)
Action: Adopted Resolution No. 16-173 C.S.
26. Update the 2016 Worksheet for Appointments to Outside Agencies and Adopt a Resolution to
Change the Primary and Alternate Directors to the Monterey Peninsula Regional Water
Authority (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule
Article 19, Section 15061) (Plans & Public Works - 101-06)
Action: Adopted Resolution No. 16-174 C.S.
***End of Consent Agenda***
PUBLIC HEARING
27. Receive a Report and Consider Directing the City Manager to Execute a Disposition and
Development Agreement Between City of Monterey and Monterey Hotel Apartments, Inc. for
the Completion of the Monterey Hotel Mixed-Use Affordable Apartment Project Located at 406 -
410 Alvarado Street (APN 001-572-027-000) (Exempt from CEQA Article 19, Section 15301,
Class 1) -- Recommended for Continuance to September 6, 2016 (Plans & Public Works - 206-
03)
Action: Continued to September 6, 2016
On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the
following vote, the City Council continued the item to September 6, 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
Adjourn to Closed Session
Mayor Roberson opened public comments on the closed session items. Dave Duvall, husband
of the owner of Liberty Fish, read a statement from the family voicing concerns regarding the
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City Council Minutes Tuesday, August 16, 2016
lease negotiations. He asked that the City make an offer for the building and the pilings. Dan
Silverie, Silverie Properties, voiced concerns regarding needed waterproofing in the
apartments, as well as mechanical work. He said that they are asking the City to allocate an
additional $100,000 to the project. With no further requests to speak, Mayor Roberson closed
public comment on the Closed Session items.
Council reconvened at 7:00 p.m. with all Members present.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
CONTINUED PUBLIC COMMENTS
Mayor Roberson reopened the floor for public comments on items not on the agenda, there
were no requests to speak, and he closed public comments.
ANNOUNCEMENTS FROM CLOSED SESSION
Information Resources Director/City Clerk Gawf announced that the Council heard one item
during the closed session, a conference with real property negotiators regarding 43
Fisherman's Wharf, with agency negotiators John Mahoney, Dino Pick, Kimberly Cole and Jana
Aldrete, negotiating parties Liguori Enterprises, Inc. (Liberty Fish), with terms and conditions for
a new lease under negotiation. She said that the Council gave confidential direction to their
negotiators on a unanimous roll call vote.
WATER UPDATE
Councilmember Downey reported that they are waiting for CPUC to get started on the ground
water replenishment project, with a recommendation from the Administrative Law Judge to
approve the matter. Mayor Roberson reported that the MPRWA received updates from the
Deep Water Desal Project and the People's Desal plant. He said it was suggested at the
meeting that all three plants should be built.
COUNCIL COMMENTS
Councilmember Downey said that Pure Water Monterey is hosting an open house on August 22
at 2:00 p.m. at 5 Harris Court. She encouraged Councilmembers to attend. She reported that
she attended the CERT bar-b-que, and was overwhelmed by the truck that stores emergency
items. She offered kudos to Richard Ruccello. She asked that Ted Terrasas review the carbon
fee resolution. She supported helping the VNA and gave a brief report on the BRAC
symposium. Ms. Downey asked the Mayor to adjourn meeting in the name of Anne Burke, an
activist with Monterey History and Art. She reported that the Business Council awarded
Monterey the Business Excellence Award.
Councilmember Barrett said that his motivation for running for City Council was to put emphasis
on preserving the integrity of the community, keeping people in their homes, and promoting the
success of local businesses. He said that he has been reflecting on the leasing policies and
noticing that there is still much unrest occurring in the community about them. He said it might
be time to refine those issues and asked to agendize the leasing policies for a future meeting.
Councilmember Smith said that he was in Sacramento on July 19th, where the constituency
was successful in getting a five-year extension of the Cease and Desist Order. He said it was
very nice to see the people galvanizing around this issue. He said it is very clear that the water
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City Council Minutes Tuesday, August 16, 2016
project must remove the Peninsula customers from use of the Carmel River. He reported that
the Rotary Club will present an $1800 check to CERT on September 8 at the Clement at 7:15
a.m. Mr. Smith said he attended the BRAC symposium today, and he thanked all those who
came together to work on the issue. He reported that he attended AMBAG last week where
they heard a presentation by CHISPA, and the vote was to support the application for a housing
grant that will help build the senior housing project on Van Buren.
Mayor Roberson announced that the Independent Transportation Network for Monterey County
provides free rides for seniors and visually impaired adults, and has just provided their 25000th
ride. He said they are always looking for drivers. Mayor Roberson said that he recently greeted
three groups visiting from Japan, including a student delegation from Nanao. He thanked the
staff and said that the school opening transportation has gone smoothly. He expressed the
community's appreciation for the firefighters. He recognized Lieutenant Jeff Jackson, who is
close to retirement.
CITY MANAGER REPORTS
City Manager McCarthy gave a brief summary of this morning's BRAC symposium. He reported
on the Soberanes fire and on the fire staff's deployments. He said that the City has had three
city employees who have had to take time off to fight fires near their own homes.
PUBLIC APPEARANCE
28. 1st Reading - Amend Monterey City Code Section 23-4 to Prohibit Alcohol on Public Beaches
Except by Valid Written Permit and to Allow Alcohol at Colton Hall Lawn, Friendly Plaza,
Monterey Bay Park, and the Lower Presidio Historic Park with a Valid Written Permit (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
City Manager McCarthy introduced Community Services Director Bui Burton, who presented
the staff report. Chief Hober and Sergeant Andrews reviewed some of the quality of life issues
that could be addressed by this ordinance.
Mayor Roberson opened public comment on the item. There were no requests to speak, and he
closed public comments.
On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by
the following vote, the City Council passed an Ordinance to print amending Monterey City Code
Section 23-4 to prohibit alcohol on public beaches except by valid written permit and to allow
alcohol at Colton Hall Lawn, Friendly Plaza, Monterey Bay Park, and the Lower Presidio
Historic Park with a valid written permit:
AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
29. Authorize the City Manager to Execute an Intergovernmental Support Agreement with the U.S.
Army Garrison Presidio of Monterey (Not a Project Under CEQA per Article 20, Section 15378
and Under General Rule Article 5, Section 15061)***PMSA*** (Plans & Public Works - 809-03)
Action: Adopted Resolution No. 16-175 C.S.
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City Council Minutes Tuesday, August 16, 2016
Mayor Roberson introduced the item, City Manager McCarthy introduced Deputy City Manager
Pick, and he gave a brief staff report, recognizing staff members who have worked on this
agreement.
Mayor Roberson opened public comment on the item, had no requests to speak, and returned
the discussion to the dais.
On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by
the following vote, the City Council adopted Resolution No. 16-175 C.S., authorizing the City
Manager to execute an Intergovernmental Support Agreement with the U.S. Army Garrison
Presidio 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
30. Receive Public Works Major Project Update (Not a project under CEQA Article 20, Section
15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01)
Action: Received report
City Manager McCarthy introduced the item, and Deputy City Manager Pick and City Engineer
Wittry presented the staff report and answered Councilmembers’ questions. On question, Ian
Crooks, Engineering Manager at CalAm, described the design of a new CalAm pipeline that will
be crossing Highway 68. He voiced appreciation for the staff’s efforts.
Mayor Roberson opened the floor for public comments, had no requests to speak, and Mayor
Roberson closed public comments.
ADJOURNMENT
Mayor Roberson opened public comments on closed session items and had no requests to
speak. He closed the floor.
Mayor Roberson adjourned the meeting at 8:02 p.m. in honor of Anne Burke.
ANNOUNCEMENTS FROM CLOSED SESSION
Information Resources Director/City Clerk Gawf announced that the Council did not hear or take
any action on closed session items 1, 2, 3, or 5. She said that the Council gave confidential
direction to their legal counsel on a unanimous roll call vote regarding existing litigation in the
case of Jennifer Hattori-Noll vs. City of Monterey, Workers’ Compensation Appeals Board.
Ms. Gawf announced that the City Council gave confidential direction to their labor negotiator,
Clyde Roberson, regarding unrepresented employees, City Manager and City Attorney, on a
unanimous roll call vote.
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City Council Minutes Tuesday, August 16, 2016
She announced that on a unanimous roll call vote, the City Council gave confidential direction to
their real property negotiators, Cole, Pick and Marvin, regarding property located at 406-410
Alvarado Street, negotiating parties Silverie Properties, LLC, under negotiation were terms and
conditions for a proposed lease.
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, August 16, 2016 Ed Smith, Councilmember
4:00 - 5:30 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
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.
Approval of Minutes
1. July 19, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General
Rule Article 19, Section 15061) (Information Resources - 701-09)
Award of Contracts
Awarding of CONTRACTS for construction contracts.
2. Award On-Call Archaeological Services Professional Agreements (Not a project under
CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans
& Public Works - 704-05)
3. Transfer and Appropriate Funds and Award a Construction Contract for the Lighthouse
Avenue Adaptive Traffic Signal Control System Project ***NIP*** (Exempt from CEQA per
Article 19, Section 15301, Class 1(b)) (Plans & Public Works - 704-06)
4. Award Construction Contract for Citywide Street Resurfacing (Slurry) Project, Phase 3
Project as Part of the Measure P Street Repair Program (Exempt from CEQA Article 19,
Section 15301, Class 1 and Categorically Excluded from NEPA per 32 CFR 775.6 (f)(8))
(Plans & Public Works - 807-02)
5. Award On-Call Civil Engineering and Surveying Services Professional Service Agreements
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5,
Section 15061) (Plans & Public Works - 405-04)
Tuesday, August 16, 2016
6. Award Contracts for On-Call Electrical Contractor 2016 for City and PMSA Projects
***CIP*** ***PMSA*** (Not a Project under CEQA per Article 20, Section 15378 and under
General Rule Article 5, Section 15061; Excluded from NEPA per Title 32 CFR 651
Appendix B Categorical Exclusion (e) (1)) (Plans & Public Works - 704-05)
7. Award On-Call Appraisal Services Professional Service Agreements (Not a project under
CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans
& Public Works - 405-04)
Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding type of
Council action as they modify the City Code, and may be replaced only by a subsequent
ordinance. An ordinance requires legal advertisement when introduced, and two readings at
separate Council meetings. An ordinance is considered "passed to print" when approved for a
second reading, and is "passed and adopted" when given final approval by the Council.
8. 1st Reading to Amend Monterey City Code Section 31-3 (Exempt Signs and Prohibited
Signs), Section 31-5 (add Noticing Requirements); and Section 31-10 (Definitions); and
Adopt a Resolution Amending the Citywide Sign Guidelines (Not a Project under CEQA
per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City
Attorney - 701-11)
9. 2nd 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)
10. 2nd 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)
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."
11. Amend Traffic Resolution 98-186 C.S. Establishing a Truck Route on the Segment of
Lighthouse Avenue Between David Avenue and Central Avenue at the Pacific Grove City
Limit (Not a project under CEQA Article 20, Section 15378 and under General Rule Article
5, Section 15061) (Plans & Public Works - 803-01)
12. Appropriate Tidelands Funds and Award a Professional Service Agreement for Appraisal
of the Leased Tidelands at 886 Cannery Row (Monterey Bay Aquarium) (Not a Project
Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
(Plans & Public Works - 206-05)
13. Authorize the Appropriation of Funds to Professional Services Offset by Increased
Revenues in Plan Checking Fees and Construction Permit Fees in the Permit and
Inspection Services Division (Not a Project Under CEQA Article 20, Section 15378 and
Under General Rule Article 5, Section 15061) (Plans & Public Works - 403-02)
14. Authorize Application for the 2016 Edward Byrne Memorial Justice Assistance Grant and,
if Awarded, Authorize the City Manager, or his Designee, to Enter into a Contract and
Appropriate the Funds (Not a project under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061) (Police - 409-02)
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Tuesday, August 16, 2016
15. Appoint Agency Negotiators for Future Lease Negotiations (Not a project under CEQA
Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans &
Public Works - 206-01)
16. Approve Rescope of El Dorado Traffic Calming Ph II Project ***NIP*** (Not a project under
CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans
& Public Works - 808-02)
17. Amend the Salary Schedule to Provide a Salary Adjustment for the Chief of Inspection
Services/Building Official (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 19, Section 15061) (Plans & Public Works - 406-04)
18. Authorize an Appropriation of Funds for the Systematic Safety Analysis Report Program
(SSARP) Grant, Phase 1 (Not a project under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061) (Plans & Public Works - 406-04)
19. Approve Supplemental Appropriation and Transfer of Funding for the Cypress Park
Repairs/Upgrade Project and the Cypress Park ADA Access to Tot Lot Project (Exempt
from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04)
20. Authorize Appropriation from Fiscal Year 2016/17 CIP Contingency Fund to the
Demolition/Dismantle and Removal for Recycling of Modular Building at 399 Madison
Street Project (30c0817) (Not a Project under CEQA per Article 20, Section 15378 and
under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04)
21. Adopt a Resolution Establishing Compensation and Benefits Package for Unrepresented
Executive Management Employees and Implementing Changes for Fiscal Year 16-2017
(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article
5, Section 15061) (City Manager - 507-08)
22. Adopt Resolution Amending Hourly Wages for Regular Part-time and Part-time Temporary
Seasonal Classifications and Authorizing an Appropriation of Funds (Not a Project Under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
(Human Resources - 507-08)
23. Authorize Staff to Explore Potential Partnership with US Coast Guard and Appropriate
$100,000 from the Tidelands Trust Fund to Develop Concept Plans for the Potential
Construction of Large Boat Berths in the Breakwater Area (Not a Project Under CEQA, per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community
Services - 904-01)
24. Adopt a Successor Memorandum of Understanding (MOU) with the Police Lieutenants'
Management Association (PLMA) (Not a Project under CEQA per Article 20, Section
15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-07)
25. Consent to an Amendment of the Monterey Regional Water Pollution Control Agency
(MRWPCA) Joint Powers Agreement to Support a Borrowing Agreement with the State
Water Resources Control Board (Not a project under CEQA Article 20, Section 15378 and
under General Rule Article 5, Section 15061) (Plans & Public Works - 706-04)
26. Update the 2016 Worksheet for Appointments to Outside Agencies and Adopt a Resolution
to Change the Primary and Alternate Directors to the Monterey Peninsula Regional Water
Authority (Not a Project under CEQA per Article 20, Section 15378 and Under General
Rule Article 19, Section 15061) (Plans & Public Works - 101-06)
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Tuesday, August 16, 2016
***End of Consent Agenda***
PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action.
You are welcome to offer your comments after being recognized by the Mayor. The Council may
limit the time allocated to each speaker.
27. Receive a Report and Consider Directing the City Manager to Execute a Disposition and
Development Agreement Between City of Monterey and Monterey Hotel Apartments, Inc.
for the Completion of the Monterey Hotel Mixed-Use Affordable Apartment Project Located
at 406 - 410 Alvarado Street (APN 001-572-027-000) (Exempt from CEQA Article 19,
Section 15301, Class 1) -- Recommended for Continuance to September 6, 2016 (Plans &
Public Works - 206-03)
***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).
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.
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Tuesday, August 16, 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.
28. 1st Reading - Amend Monterey City Code Section 23-4 to Prohibit Alcohol on Public
Beaches Except by Valid Written Permit and to Allow Alcohol at Colton Hall Lawn, Friendly
Plaza, Monterey Bay Park, and the Lower Presidio Historic Park with a Valid Written
Permit (Not a Project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061) (Community Services - 701-11)
29. Authorize the City Manager to Execute an Intergovernmental Support Agreement with the
U.S. Army Garrison Presidio of Monterey (Not a Project Under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)***PMSA*** (Plans &
Public Works - 809-03)
30. Receive Public Works Major Project Update (Not a project under CEQA Article 20, Section
15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01)
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:
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.
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Tuesday, August 16, 2016
UPCOMING MEETINGS AT CITY HALL
Aug 17 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Aug 18 Parks and Recreation Commission Meeting, Council Chamber - 5:00 PM
Aug 18 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Aug 22 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm
Aug 23 Planning Commission Meeting, Council Chamber - 4:00 pm
Aug 24 Oversight Board Meeting, Council Chamber - 7:00 PM
Aug 24 Council Special Meeting, Council Chamber - 4:00 PM
Aug 24 Library Board Meeting, Library Community Room - 5:00 PM
Aug 25 Parks and Recreation Commission Meeting, Council Chamber - 5:00 PM
Aug 31 Council Study Session, Council Chamber - 4:00 PM
Sep 1 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Sep 6 Council Regular Meeting, Council Chamber - 4:00 PM
Sep 7 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Sep 8 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm
Sep 8 MP Regional Water Authority Meeting, TBD - 7:00 PM
Sep 13 Planning Commission Meeting, Council Chamber - 4:00 pm
Sep 15 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM
Sep 15 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Sep 19 MP Regional Water Authority TAC Meeting, Council Chamber - 10:30 AM
Sep 20 Council Regular Meeting, Council Chamber - 4:00 PM
MORE INFORMATION IS AVAILABLE BY CALLING 646-3935
See Council Chamber seating chart online.
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