Council Regular Meeting
Regular MeetingMonterey, CA · December 6, 2016
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.
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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.
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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
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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.
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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.
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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.
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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.
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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
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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
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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)
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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
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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).
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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.
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