Muyni
← Back to Monterey

Council Regular Meeting

Regular Meeting

Monterey, CA · December 6, 2016

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 6, 2016 4:00 - 6:00 PM COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ROLL CALL (2014-2016 City Council) Senior Assistant City Clerk Klein called the roll. Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Police Chief, Finance Present: Director, Community Services Director, Human Resources Director, Library Director, Chief of Planning Engineering & Environmental Compliance, City Engineer, Senior Assistant City Clerk, Principal Planner, Employee Relations Manager, HPM Administrative Analyst, Principal Engineer (2), Traffic Engineer, Associate Civil Engineer, Harbormaster, Media Assistant, Police Sergeant (2) CERTIFICATION OF ELECTION RESULTS AND COUNCIL INSTALLATION 1. Approve Resolution Declaring Canvass of Returns and Results -- Consolidated General Municipal Election November 8, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 702-03) Action: Adopted Resolution No. 16-235 C.S. Senior Assistant City Clerk Klein presented the staff report. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 16-235 C.S., declaring the Canvass of Returns and Results of the Consolidated General Municipal Election of November 8, 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 City Council Minutes Tuesday, December 6, 2016 2. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) Councilmember Smith thanked Councilmember Downey for her many years of service and her wisdom, ideas and energy, and for working together with the Council. Councilmember Barrett said that Councilmember Downey showed him how to be a dedicated servant and advocate for the community. He thanked her for being a role model to him. Councilmember Haffa said it had been an honor to work with Councilmember Downey and that he admired her integrity and dedication. He listed many of her accomplishments, and said he especially appreciated Councilmember Downey’s support of additional funding for humane services for the homeless. Mayor Roberson praised Councilmember Downey’s passion for Monterey, and said that her support of hospitality and local business had helped to sustain the City’s solvency. He said that everywhere Councilmember Downey goes in the City, she can take great pride in having had a hand in making it a special place. Councilmember Downey spoke about issues that she said were not her own accomplishments, but decisions by Council that had made her proud, including environmental, transportation, and water initiatives, revitalizing downtown Monterey in multiple ways, the Window on the Bay Park, and the Neighborhood Improvement Program. She announced that she is starting to play pickleball. She encouraged Council to take advantage of the expertise of the City’s real estate negotiator, educate the public, consider campaign finance reform, and avoid special interests. She said that her goals have been to be transparent, honest, and forthright, and to represent all residents and study the issues. She thanked the voters and staff. 3. Recognition of Councilmember Libby Downey (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) Mayor Roberson introduced Mr. Wayne Downey to the dais. Mr. Downey said that Councilmember Downey’s love for the City, dedication, and hard work had made the City a better place. He presented her with a bouquet of white roses. Councilmember Downey thanked her husband and said he had been her rock. Mayor Roberson spoke briefly about the sacrifices made by elected officials and their families. City Manager McCarthy said that in Councilmember Downey’s twenty years as a City commissioner and twelve years on City Council, she had worked hard and made an impact on every department in the City. On behalf of the City, he thanked her for her service and presented her with a customized street sign bearing the words “Libby Way.” Mayor Roberson gave a brief background of Councilmember Downey’s career and many of the community boards and committees on which she had served, including the Parks and Recreation Commission. On behalf of the City Council and the residents of the City of Monterey, he presented Councilmember Downey with a gift. Councilmember Downey thanked him, and left the Chamber at 4:25 p.m. 2 City Council Minutes Tuesday, December 6, 2016 4. Installation of 2016-2018 Monterey City Council (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-01) Action: Administered Oaths of Office and seated the new City Council Senior Assistant City Clerk Klein administered the Oath of Office to Councilmembers Albert and Haffa and Mayor Roberson, and asked them to be seated at the dais. ROLL CALL (2016-2018 City Council) Senior Assistant City Clerk Klein called the roll. Councilmembers Present: Councilmembers Albert, Barrett, Haffa, Smith, Roberson Absent: None 5. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) Councilmember Smith said that he looked forward to the next few years of Mayor Roberson’s term, and welcomed Councilmember Albert. He said that he has enjoyed getting to know Councilmember Haffa and appreciates what he brings to Council. He said that the City Council will spend many hours together and develop a bond as a team. Councilmember Barrett thanked the returning Councilmember and Mayor for their service, and gave a special welcome to Councilmember Albert. He said he looked forward to a long, productive, and cooperative relationship with all members of the City Council in their coming journey together. Councilmember Albert said that it is an honor and privilege to serve the City. He said that knocking on doors of residents and businesses during his campaign reminded him exactly how special this community is. He thanked the people who supported him with his campaign, and the voters of Monterey for their confidence in him. He gave special thanks to his family members. He said he looked forward to working with the City Council team, and highlighted his particular enthusiasm to be working with Councilmember Haffa based on their experience working together on MPUSD school board issues. He complimented City staff, thanked the audience, and said that he is ready to get to work. Councilmember Haffa thanked the voters who supported him and those who didn’t, and said that he would work hard to earn the support of those voters who did not vote for him. He thanked the people who served as his campaign team, especially his treasurer and his wife. He thanked the organizations and individuals who had supported him. He said that he looked forward to working with Councilmember Albert. Mayor Roberson spoke about the importance of supportive families and spouses and said that the job of Mayor is demanding and time consuming. He said that the City staff, working under City Manager McCarthy, is excellent and responsive. He quoted Admiral Route, President of the Naval Postgraduate School, who said that Monterey has a “small town feeling.” He said that partnerships and teamwork will make it better, and that he looks forward to his next two years as Mayor. 3 City Council Minutes Tuesday, December 6, 2016 6. Appoint Vice Mayor for 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061 (City Clerk - 701-01) Action: Appointed Vice Mayor Smith Mayor Roberson explained that the position of Vice Mayor is appointed on a rotating basis. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council appointed Councilmember Smith as Vice Mayor for 2017: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CONSENT ITEMS Mayor Roberson noted that a dollar amount in item 7 had been corrected. City Manager McCarthy said that a substitute resolution for item 14, with a small change in wording, was on the dais for Council. For further discussion, Councilmember Smith asked to pull item 17 from the consent agenda, and Councilmember Barrett asked to pull item 12. On the subject of item 21, Adopt Successor MOU with General Employees of Monterey (GEM), Council Smith thanked staff and the GEM representatives who had worked for months to come together to agreement on the contract. He thanked the employees for all of their hard work. Mayor Roberson asked the public if there were any items they would like pulled from consent, and heard no requests. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except items 12 and 17, which were removed for discussion: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Award of Contracts 7. Approve Appropriation and Transfer of Supplemental Funds and Award Construction Contract for Dennis the Menace Walkway/Access Improvements CW-DTM Park – North Side Path ADA Upgrades (Exempt from CEQA Article 19, Section 15303, Class 3) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 16-236 C.S. as amended 4 City Council Minutes Tuesday, December 6, 2016 Ordinances 8. 2nd Reading – Amending Chapter 28 of the Monterey City Code to Update Public Works Project Purchasing Practices, and Other Necessary Purchasing Ordinance Revisions Following Passage of Measure I (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 405-01) Action: Adopted Ordinance No. 3555 C.S. 9. 2nd Reading – Rezone 1250 Seventh Street from R-3-6 to R-3-6-H-2 and Adopt a Resolution Authorizing a Mills Act Contract; Applicant/Owner Malcolm Jack and Kyoko Ikemoto; R-3-6 Zoning District; Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31 (Plans & Public Works - 203-02) Action: Adopted Ordinance No. 3556 C.S. Resolutions 10. Appropriate Funds and Award a Contract for Video Security Hardware, Licenses, Installation & Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Adopted Resolution No. 16-237 C.S. 11. Amend Master Fee Schedule, Resolution 15-215, to Add a Permit Fee for Alcohol Use on the Beach for Ten or Fewer Persons (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 407-06) Action: Adopted Resolution No. 16-238 C.S. 12. Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Information Resources - 707-13) Action: Removed from Consent; Received report; Discussed; Directed staff to bring back discussion of Consultants’ filing responsibilities; Adopted Resolution No. 16-239 C.S. Senior Assistant City Clerk Klein presented a brief background of the Conflict of Interest Code. Councilmember Barrett said that the last paragraph of the draft Code had caught his eye, regarding the City Manager’s latitude to determine that a consultant, who is performing duties that are limited in scope, might not be required to comply fully with the Code’s obligations. He asked what criteria would be applied in that decision. City Manager McCarthy said that he has not needed to use this clause in his three years as City Manager. Senior Assistant City Clerk Klein said that the criteria would be as presented in the Code, considering the scope of duties, and whether the consultant is involved in influencing the City’s decisions. City Attorney Davi presented an example, and said that the determination comes down to the consultant’s actual job duties and whether they are comparable to those of a City employee who must file. Councilmember Barrett said he was uncomfortable with the open-ended nature of the discretion to make the determination. He said that giving advice on, and carrying out, the City’s leasing policy would be one area where he would not want to see the requirement to comply waived. He said he could not imagine a person or implementation of policy that would more affect the competitive environment for one business over another, and that if there were any conflict of interests he would want that to be made clear. City Manager McCarthy said that there are many consultants working with the City and for the purposes of the Conflict of Interest Code, it is important to maintain flexibility. 5 City Council Minutes Tuesday, December 6, 2016 Councilmember Barrett suggested passing the resolution minus the paragraph in the Conflict of Interest Code allowing the City Manager to waive consultants’ filing requirements, and to revisit that portion when there is time for Council to consider its implications. City Attorney Davi said that it is standard City practice to include the requirement for filing Form 700 in requests for proposals and calls for bids, and that many consultants under contract with the City are currently complying. Councilmember Haffa proposed approving the resolution and Conflict of Interest Code and bringing it back later for further discussion, and suggested that the City Manager could present Council with an annual report disclosing any exemptions he had made. Councilmember Barrett made a motion to approve the resolution minus the paragraph in question on the last page of Exhibit A, and to bring the matter back to Council for future consideration. Councilmember Haffa seconded the motion for the sake of discussion and asked if staff had any concerns. Councilmember Barrett clarified that it would be appropriate to remove the language beginning with “subject to the following limitation” and ending with “conflict of interest code” at the very bottom of the page. On question from Councilmember Haffa, City Attorney Davi said that this change would mean that all consultants would be subject to filing Form 700. Assistant City Manager Uslar said that this could result in the City losing consultants who have never been required to file Form 700 previously due to their very limited scopes of work. Mayor Roberson stated that he is comfortable with the Code as written because the safeguard is built into the words “the City Manager’s determination is a public record and shall be retained for public inspection in the same manner and location” as the Form 700. Councilmember Barrett withdrew his original motion. He introduced a motion to adopt Resolution No. 16-239 C.S., Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements, as presented and to bring back the section beginning with “subject to the following limitation” and ending with “conflict of interest code” for future discussion. Councilmember Haffa withdrew his original second and seconded the new motion. Councilmember Smith said that the City Manager has limited opportunity to authorize contracts without Council’s approval, and that many contracts are small, for specific and limited scopes of work. He said that if City Council can’t trust the City Manager to make a determination like this, they are in trouble. Councilmember Barrett said that it is not a matter of mistrust, or concern that staff is corrupt. He said that the requirement to file is there for a reason. No one came forward to make public comments regarding the item. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Authorize the City Manager to Enter into Contracts of Acquisition to Purchase Temporary Construction Easements for the Construction of the North Fremont Bicycle and Pedestrian Improvements Project (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Plans & Public Works - 704-02) Action: Adopted Resolution No. 16-240 C.S. 6 City Council Minutes Tuesday, December 6, 2016 14. Appropriate Donated Funds and Supplemental City Funds to the Portola Plaza Renovation Project (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. 16-241 C.S. as amended 15. Amend Resolution 15-120 Changing the Position Control List for the Police Department by Reinstating the Previously Frozen Police Lieutenant Position (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 607-01) Action: Adopted Resolution No. 16-242 C.S. 16. Amend Resolution 12-102 to Deappropriate the Monterey Vista Radar Speed Signs Project in the Neighborhood Improvement Fund (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. 16-243 C.S. 17. Approve Appropriation for Neighborhood Improvement Program FY2016/17 Cut Off Projects (Exempt from CEQA per Article 19, Section 15301 and 15302) (Plans & Public Works - 406-04) Action: Pulled from Consent; Received report; Discussed; Adopted Resolution No. 16- 244 C.S. Principal Engineer Krebs presented the staff report. Councilmember Smith complimented him on his hard work and ability to save the City money, and said he is especially happy to see batting cages coming to Jacks Ballpark. Mayor Roberson opened the floor for public comment, and receiving no requests to speak, closed public comment. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 16-244 C.S., Approve Appropriation for Neighborhood Improvement Program FY2016/17 Cut Off Projects: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 18. Approve a Transfer of Funds from NIP Contingency and NIP Ending Balance for the Fernwood Ave Island Reconstruction, the Hilltop Park CERT Box Roof, the COK CERT Shed Roof Replacement, the Veteran’s Park Bocce Ball Court, the Veteran’s Park Repairs, the Taylor, Hoffman, Archer Walkway Repair, and the Deer Flats Park Entry Area Improvement Projects (Exempt from CEQA per Article 19, Section 15301 and 15303, Class 1 and 3) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 16-245 C.S. 19. Approve Additional First Night Monterey Funding of $20,000 for Fiscal Year 2016-2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Community Services - 302-02) Action: Adopted Resolution No. 16-246 C.S. 20. Authorize Special Events Support Grant Program for FY 2017-2018, Subject to Budget Approval (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 302-06) Action: Adopted Resolution No. 16-247 C.S. 7 City Council Minutes Tuesday, December 6, 2016 21. Adopt Successor Memorandum of Understanding (MOU) with the General Employees of Monterey (GEM) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-02) Action: Adopted Resolution No. 16-248 C.S. 22. Approve Modifications to the Regular Part-time and Part-time Temporary Seasonal Salary Schedule to Reflect Increase in State Law Minimum Wage (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. 16-249 C.S. 23. Adopt a Resolution Redesignating the Human Resources Assistant Classification, Human Resources Specialist Classification and the Executive Assistant Classification Assigned to Human Resources, From the General Employees of Monterey (GEM) Bargaining Unit to the Unrepresented Confidential Employee Unit and Establishing a Compensation and Benefits Package for These New Unrepresented Confidential Employees (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. 16-250 C.S. 24. Authorize the City Manager to execute a Financing Loan Agreement with PG&E and a Contractor Work Order Agreement with Lumenature under AMBAG’s Energy Watch Program for Energy Efficient Lighting for the Monterey Conference Center (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. 16-251 C.S. 25. Appropriate Funds from the 2015-16 Library Trust Fund Ending Balance in the 2016-2017 Library Trust Fund Budgets (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Library - 406-04) Action: Adopted Resolution No. 16-252 C.S. 26. Approve Removal of Crosswalk at Casa Verde/Encina (Exempt from CEQA per Article 19, Section 15301 and 15302) (Plans & Public Works - 803-12) Action: Adopted Resolution No. 16-253 C.S. Other 27. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 32 Cannery Row; Agency Negotiators: Dino Pick, Kimberly Cole, and Janna Aldrete; Negotiating Parties: Monterey Bay Boatworks Company; Under Negotiation: Terms and Conditions for Three Proposed Subleases with David Shake dba Sea Mist Entertainment; Lawrence Henry dba Fast Raft and Robert Hollis dba Breakwater Scuba(Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed agency negotiators ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Marlene Perfecto-Huckelbery spoke about retail taxes and her concern that local retailers are charging more than the federally allowed rate. She asked to meet with members of the City Council to discuss a temporary shelter. 8 City Council Minutes Tuesday, December 6, 2016 Robert Taylor, Monterey resident, discussed his concerns about the 24-Hour Car Wash on North Fremont, and said he would like to see the City cite the owner and force him to close the business at night. He said that he also has concerns about the Dollar Store. David Beech, Public Water Now, presented two new ideas for ways that Council could pursue alternatives to the Monterey Pipeline. He provided a letter to Council on the same subject. Wes, Monterey resident, said that a storefront selling marijuana would bring tax dollars to the City and provide a safe alternative to hazardous and addicting prescription drugs. He said the business could begin by offering medical marijuana and in 2018 convert to retail sales. Esther Malkin congratulated the newly seated Council, and said that the Planning Commission has agreed with a proposed recommendation for a City-wide overlay as an alternative for the emergency shelter overlay. Chantal Melendrez said that the quality of life in Monterey is in jeopardy. She said she has not received responses from the City on code enforcement concerns about furniture on the sidewalk. She said some homeless people need and want help, and some like their lifestyle. She said that if the City wants to keep its “small town feeling,” it needs to do something about vagrancy. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 28. 1st Reading – Rezone 733 Madison Street from R-1-20 to R-1-20-H-2 and Adopt a Resolution Authorizing a Mills Act Contract; Applicant/Owner Mark S. and Laura J. Coor; R-1-20 Zoning District (Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31) (Plans & Public Works - 701-11) Action: Received Report; Passed Ordinance to print; Adopted Resolution No. 16-254 C.S. Mayor Roberson gave a brief explanation of Mills Act contracts. He opened the floor for public comment, and hearing no requests to speak, closed public comment. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council passed to print the Ordinance to Rezone 733 Madison Street from R-1-20 to R-1-20-H-2, and adopted Resolution No. 16-255 C.S., Authorizing a Mills Act Contract; Applicant/Owner Mark S. and Laura J. Coor; R-1-20 Zoning District: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None WATER UPDATE Mayor Roberson said that the next Monterey Peninsula Regional Water Authority meeting would be on December 8, 2016. No one came forward to make public comments regarding the item. CITY MANAGER REPORTS City Manager McCarthy announced that the City of Monterey now has more Twitter followers than the City of Santa Cruz. He said that the City had just learned it had earned a $4.4 million 9 City Council Minutes Tuesday, December 6, 2016 grant in association with the City of Pacific Grove for Areas of Special Biological Significance (ASBS) concerns. Assistant City Manager Uslar gave a brief report explaining ASBS and the watershed shared by Pacific Grove and Monterey, and said the grant would help manage urban storm water runoff. City Manager McCarthy complimented Environmental Regulations Manager Tricia Wotan for her instrumental role in getting the grant. He announced that Deputy City Manager, Plans and Public Works Dino Pick and other staff members were in Washington, D.C. to receive the Army Community Partnership Award. He said that there had been a recent stabbing and previous shooting in the Cannery Row area. He said the Police Department had identified all suspects, two of whom were in custody, and staffing was being increased in the area. ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 5:37 p.m. to a reception at the Middlebury Institute of International Studies. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Senior Assistant City Clerk Mayor 10

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Timothy Barrett, Councilmember Regular Meeting Libby Downey, Councilmember Alan Haffa, Councilmember Monterey City Council Ed Smith, Councilmember Tuesday, December 6, 2016 Dan Albert, Councilmember-Elect 4:00 - 6:00 PM Council Chamber City Manager Few Memorial Hall of Records Michael McCarthy Monterey, California PLEDGE OF ALLEGIANCE ROLL CALL CALL TO ORDER (2014-2016 City Council) CERTIFICATION OF ELECTION RESULTS AND COUNCIL INSTALLATION 1. Approve Resolution Declaring Canvass of Returns and Results -- Consolidated General Municipal Election November 8, 2016 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Information Resources - 702- 03) 2. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) 3. Recognition of Councilmember Libby Downey (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) 4. Installation of 2016-2018 Monterey City Council (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Clerk - 701-01) 5. Council Remarks (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (City Council - 701-01) 6. Appoint Vice Mayor for 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061 (City Clerk - 701-01) ROLL CALL (2016-2018 City Council) 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. Award of Contracts Awarding of CONTRACTS for construction contracts. 7. Approve Appropriation and Transfer of Supplemental Funds and Award Construction Contract for Dennis the Menace Walkway/Access Improvements CW-DTM Park – North Side Path ADA Upgrades (Exempt from CEQA Article 19, Section 15303, Class 3) (Plans & Public Works - 405-04) Tuesday, December 6, 2016 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. 2nd Reading – Amending Chapter 28 of the Monterey City Code to Update Public Works Project Purchasing Practices, and Other Necessary Purchasing Ordinance Revisions Following Passage of Measure I (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Finance - 405-01) 9. 2nd Reading – Rezone 1250 Seventh Street from R-3-6 to R-3-6-H-2 and Adopt a Resolution Authorizing a Mills Act Contract; Applicant/Owner Malcolm Jack and Kyoko Ikemoto; R-3-6 Zoning District; Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31 (Plans & Public Works - 203-02) 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." 10. Appropriate Funds and Award a Contract for Video Security Hardware, Licenses, Installation & Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) 11. Amend Master Fee Schedule, Resolution 15-215, to Add a Permit Fee for Alcohol Use on the Beach for Ten or Fewer Persons (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 407-06) 12. Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Information Resources - 707-13) 13. Authorize the City Manager to Enter into Contracts of Acquisition to Purchase Temporary Construction Easements for the Construction of the North Fremont Bicycle and Pedestrian Improvements Project (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Plans & Public Works - 704-02) 14. Appropriate Donated Funds and Supplemental City Funds to the Portola Plaza Renovation Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) 15. Amend Resolution 15-120 Changing the Position Control List for the Police Department by Reinstating the Previously Frozen Police Lieutenant Position (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 607- 01) 16. Amend Resolution 12-102 to Deappropriate the Monterey Vista Radar Speed Signs Project in the Neighborhood Improvement Fund (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) 2 Tuesday, December 6, 2016 17. Approve Appropriation for Neighborhood Improvement Program FY2016/17 Cut Off Projects (Exempt from CEQA per Article 19, Section 15301 and 15302) (Plans & Public Works - 406-04) 18. Approve a Transfer of Funds from NIP Contingency and NIP Ending Balance for the Fernwood Ave Island Reconstruction, the Hilltop Park CERT Box Roof, the COK CERT Shed Roof Replacement, the Veteran’s Park Bocce Ball Court, the Veteran’s Park Repairs, the Taylor, Hoffman, Archer Walkway Repair, and the Deer Flats Park Entry Area Improvement Projects (Exempt from CEQA per Article 19, Section 15301 and 15303, Class 1 and 3) (Plans & Public Works - 406-04) 19. Approve Additional First Night Monterey Funding of $20,000 for Fiscal Year 2016-2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Community Services - 302-02) 20. Authorize Special Events Support Grant Program for FY 2017-2018, Subject to Budget Approval (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 302-06) 21. Adopt Successor Memorandum of Understanding (MOU) with the General Employees of Monterey (GEM) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-02) 22. Approve Modifications to the Regular Part-time and Part-time Temporary Seasonal Salary Schedule to Reflect Increase in State Law Minimum Wage (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-08) 23. Adopt a Resolution Redesignating the Human Resources Assistant Classification, Human Resources Specialist Classification and the Executive Assistant Classification Assigned to Human Resources, From the General Employees of Monterey (GEM) Bargaining Unit to the Unrepresented Confidential Employee Unit and Establishing a Compensation and Benefits Package for These New Unrepresented Confidential Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-08) 24. Authorize the City Manager to execute a Financing Loan Agreement with PG&E and a Contractor Work Order Agreement with Lumenature under AMBAG’s Energy Watch Program for Energy Efficient Lighting for the Monterey Conference Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) 25. Appropriate Funds from the 2015-16 Library Trust Fund Ending Balance in the 2016-2017 Library Trust Fund Budgets (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Library - 406-04) 26. Approve Removal of Crosswalk at Casa Verde/Encina (Exempt from CEQA per Article 19, Section 15301 and 15302) (Plans & Public Works - 803-12) Other 27. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 32 Cannery Row; Agency Negotiators: Dino Pick, Kimberly Cole, and Janna Aldrete; Negotiating Parties: Monterey Bay Boatworks Company; Under Negotiation: Terms and Conditions for Three Proposed Subleases with 3 Tuesday, December 6, 2016 David Shake dba Sea Mist Entertainment; Lawrence Henry dba Fast Raft and Robert Hollis dba Breakwater Scuba(Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) ***End of Consent Agenda*** 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. 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. 28. 1st Reading – Rezone 733 Madison Street from R-1-20 to R-1-20-H-2 and Adopt a Resolution Authorizing a Mills Act Contract; Applicant/Owner Mark S. and Laura J. Coor; R-1-20 Zoning District (Exempt from CEQA Requirements per Sections 15305, Class 5 and 15331, Class 31) (Plans & Public Works - 701-11) WATER UPDATE 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. ADJOURNMENT Please join us for a reception to celebrate the incoming and outgoing Councils. The reception will be held at: Middlebury Institute of International Studies at Monterey, McCone Atrium, 499 Pierce St. 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). 4 Tuesday, December 6, 2016 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. UPCOMING MEETINGS AT CITY HALL Dec 7 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Dec 7 Council Special Meeting, Orca Conference Room, 735 Pacific St. - 4:30 PM Dec 7 Library Board Meeting, Library Community Room - 5:00 PM Dec 8 MP Regional Water Authority Meeting, TBD - 7:00 PM Dec 8 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Dec 8 HPC Meeting Cancellation Notice, Council Chamber - 4:00 pm Dec 13 Planning Commission Meeting, Council Chamber - 4:00 pm Dec 14 Oversight Board Meeting, Council Chamber - 7:00 PM Dec 15 Zoning Administrator Meeting, Council Chamber - 4:00 pm Dec 15 PRC Meeting Cancellation Notice, Council Chamber - 7:00 PM Dec 20 Council Regular Meeting, Council Chamber - 4:00 PM Dec 21 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Dec 26 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Dec 31 Council Special Meeting, Council Chamber - 4:00 PM Dec 31 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jan 3 Council Meeting Cancellation, Council Chamber - 4:00 PM Jan 17 Council Regular Meeting, Council Chamber - 4:00 PM Jan 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jan 23 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jan 25 Library Board Meeting, Library Community Room - 5:00 PM MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

Get email alerts for Monterey

A daily email when new agendas and minutes are posted.

Report an issue with this meeting