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Council Regular Meeting

Regular Meeting

Monterey, CA · August 16, 2016

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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. 2 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. 3 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. 4 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. 5 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 6 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 7 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. 8 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. 9 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 10

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) 2 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) 3 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. 4 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. 5 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. 6

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