Council Regular Meeting
Regular MeetingMonterey, CA · March 7, 2017
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, March 7, 2017
4:00 - 5:30 PM 7:00 - 11:00 PM
COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS
MONTEREY, CALIFORNIA
Councilmembers
Present: Councilmembers Albert, Barrett, 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, Community Services Director, Finance Director, Fire Chief,
Human Resources Director, Library Director, Chief of Planning Engineering
& Environmental Compliance, City Engineer, Sustainability Coordinator,
Principal Engineer
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:00 p.m. and welcomed Mr. Peterson's class
from Monterey High School.
PRESENTATIONS
1. Receive a Defense Language Institute "Proclamation of Thanks" Certificate and Coins (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section
15061) (Plans & Public Works - 701-17)
Action: Received proclamation
Colonel Phillip J. Deppert, Commandant at DLI, presented a Proclamation to Mayor Roberson.
PUBLIC COMMENTS
Mayor Roberson opened public comments on items not on the agenda. Ron Chesshire said that
the Army brought him to Monterey when his dad was enlisted. He said that the percentage of
apprentices working in the various trades on the Peninsula is very low, and he plans to address
the MPUSD Board to ask them to make sure students are aware of the opportunities. Frank
Sollecito, Frank Sollecito Leukemia Fund, said that his organization offers financial help to any
family of a critically ill child to take care of rent, hotel, gas and other expenses. He asked people
to refer families in need of their assistance to Judy Marotta on Franklin Street in Monterey.
Ben Macintosh, MIIS, asked if there has been consideration of more locations to park and lock
bikes in the Downtown area. He encouraged Council to consider the topic. Rene Letterer said
that she is upset about the condition of Fremont Street and the street in front of the Fairgrounds
because they are tearing up tires. City Manager McCarthy advised that the roads will be fixed
after Cal Am completes pipeline work in that area. Elizabeth Weber urged Council to "go green"
and adopt tonight's proposal to join CCA. Mayor Roberson closed public comments.
CONSENT ITEMS
Councilmember Barrett asked to remove Item 5 from Consent for discussion. The Mayor
thanked Mr. Gallagher for his correspondence regarding Item 11. Councilmember Smith asked
to pull Item 8.
City Council Minutes Tuesday, March 7, 2017
On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the
following vote, the City Council approved the Consent Agenda, except Items 5 and 8, 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
Approval of Minutes
2. February 21, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061) (Information Resources - 701-09)
Action: Approved
Award of Contracts
3. Authorize a Transfer and Appropriation of Funds for the Purchase of (4) 2017 Ford Police
Interceptor Utility Vehicles and (4) Police Equipment Packages (Not a Project under CEQA per
Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public
Works - 812-02)
Action: Adopted Resolution No. 17-025 C.S.
4. Award a Contract for the Purchase of (5) Utility Bed Trucks (Not a project under CEQA Article
20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works -
812-02)
Action: Adopted Resolution No. 17-026 C.S.
Ordinances
5. 1st Reading - Amending Chapter 28 of the Monterey City Code to Add a New Section 29-27
Regarding Contracts for Furtherance of Public Policy and Amending Section 28-30 Regarding
Attorney Service Contracts (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061) (Finance - 701-11)
Action: Removed from Consent; discussed; amended and passed Ordinance to print
adding a new Section 28-27; directed staff to return to Council with additional
information on the portion to amend Section 28-30 regarding attorney service contracts
Finance Director Porter presented the staff report and answered Councilmembers' questions.
Mayor Roberson opened public comments on the item. John Chown spoke in opposition to the
proposed Ordinance, saying that public discussion and a competitive bidding process
contributes to transparency. Frank Sollecito, Board Member of the Old Monterey Foundation,
said that donating professional services and the public-private partnerships are good things
because it gives the community a chance to step in and possibly saves money. With no further
requests to speak, Mayor Roberson closed public comments on the item.
Councilmember Barrett said that he supports the first portion of the Ordinance, but believes that
the Council is here to provide oversight for the award of contracts and the second section
removes that oversight. Councilmember Haffa agreed with the comments regarding the first
section and requested clarification regarding the second section regarding professional service
contracts for outside attorneys. City Attorney Davi explained a recent Supreme Court ruling that
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City Council Minutes Tuesday, March 7, 2017
would remove a potential disadvantage and protect the City's attorney-client privilege and
confidentiality of legal strategy by keeping legal fee amounts confidential during litigation. She
said that full amount paid to outside counsel would be made public after the completion of the
litigation, but not the fee schedule.
Councilmember Smith said that he would be more comfortable if there were a reasonable
ceiling. Councilmember Barrett noted that there is no requirement to inform the Council before
awarding a contract.
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the
following vote, the City Council approved the first section of the Ordinance, amending Chapter
28 of the Monterey City Code to add a new Section 28-27 regarding contracts for furtherance of
public policy, and directed staff to bring back the second section amending Section 28-30
regarding attorney service contracts, and provide additional information regarding a cap and
reporting requirements:
AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
6. 2nd Reading - Add Monterey City Code Chapter 22, Section 19.5 to Prohibit Advertising of
Short-Term Residential Rentals in the City's Residential Zoning Districts (Not a Project Under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans &
Public Works - 701-11)
Action: Adopted Ordinance No. 3564
Resolutions
7. Approve Participation in the Institute for Local Government Beacon Program, which Provides a
Framework for Local Governments to Voluntarily Reduce Greenhouse Gasses, Save Energy,
and Reach Sustainability Goals (Not a project under CEQA Article 20, Section 15378 and
under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12)
Action: Adopted Resolution No. 17-027 C.S.
8. Authorize City Manager to Execute a Collaboration Agreement Between the City of Monterey
and the County of Monterey, City of Salinas, City of Seaside and the Housing Authority of the
County of Monterey for the 2020-2025 Assessment of Fair Housing (Not a project under CEQA
Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public
Works - 201-09)
Action: Removed from Consent; discussed; adopted Resolution No. 17-028 C.S.
Property and Housing Manager Marvin presented a staff report and answered Councilmembers'
questions. Mayor Roberson opened public comments on the item, had no requests to speak,
and closed public comments.
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the
following vote, the City Council adopted Resolution No. 17-027 C.S., authorizing the City
Manager to Execute a Collaboration Agreement Between the City of Monterey and the County
of Monterey, City of Salinas, City of Seaside and the Housing Authority of the County of
Monterey for the 2020-2025 Assessment of Fair Housing:
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City Council Minutes Tuesday, March 7, 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
9. Authorize the City Manager to Enter into a License Agreement with Monterey Pony
Baseball/Softball Inc. Regarding Concession Sales and Storage at Jacks Park and Peter J.
Ferrante Park (Not a project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061) (Community Services - 704-05)
Action: Adopted Resolution No. 17-029 C.S.
10. Authorize City Manager to Enter Into an Agreement with the Cities of Pacific Grove, Carmel,
and Salinas, and the Aromas Tri-County Fire Protection District for the Joint Grant Funded
Purchase of Radios (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 19, Section 15061) (Fire - 604-09)
Action: Adopted Resolution No. 17-030 C.S.
11. Approve Water Allocation of 0.08 Acre-Feet to 590 Pearl Street for Use as an Emergency
Shelter (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061) (Plans & Public Works - 203-02)
Action: Adopted Resolution No. 17-031 C.S.
12. Order Engineer’s Report for Fiscal Year 2017-18 for Calle Principal Maintenance District 00-1
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061) (Plans & Public Works - 809-07)
Action: Adopted Resolution No. 17-032 C.S.
13. Order Engineer’s Report for Fiscal Year 2017-18 Alvarado Street Maintenance District No. 85-1
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061) (Plans & Public Works - 809-07)
Action: Adopted Resolution No. 17-033 C.S.
14. Authorize a Transfer and Appropriation of Funds for the Purchase of Two Full-Size Trucks for
Camp Roberts Maintenance Division (NEPA Not a Project; CEQA Not a Project) ***PMSA***
(Plans & Public Works - 903-02)
Action: Adopted Resolution No. 17-034 C.S.
15. Amend Resolution 15-120 Changing the Position Control List by Adding One Half Time (.50
FTE) Senior Administrative Analyst Funded Between the Human Resources and Finance
Departments (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061) (Human Resources - 502-03)
Action: Adopted Resolution No. 17-035 C.S.
***End of Consent Agenda***
PUBLIC APPEARANCE
16. Presentation of FY16/17 Mid-Year Budget Report and Adopt Resolution Approving FY16/17
Mid-Year Budget Adjustments (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061) (Finance - 406-04)
Action: Adopted Resolution No. 17-036 C.S.
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City Council Minutes Tuesday, March 7, 2017
Finance Director Porter presented the Mid-year budget highlights and the budget outlook and
answered Councilmembers' questions.
Mayor Roberson opened public comments on the item, had no requests to speak, and closed
public comments.
On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the
following vote, the City Council received the FY16/17 Mid-Year Budget Report and adopted
Resolution No. 17-036 C.S. approving the FY16/17 Mid-Year Budget Adjustments:
AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
17. Amend Resolution 14-073 to Authorize a Second Amendment to City Manager Employment
Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule
Article 19, Section 15061) (Human Resources - 501-04)
Action: Adopted Resolution No. 17-037 C.S.
Mayor Roberson introduced the item, opened public comments, had no requests to speak, and
closed public comments.
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the
following vote, the City Council adopted Resolution No. 17-037 C.S., amending Resolution 14-
073 to authorize a Second Amendment to the City Manager Employment Agreement:
AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
Mayor Roberson said that Items 18 and 19 could be discussed this evening. Council adjourned
to closed session at 5:32 p.m. Mayor Roberson reconvened the meeting at 7:00 p.m.
18. Review and Comment on Neighborhood Improvement Program (NIP) Proposed FY 2017/18
Projects ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under General
Rule Article 5, Section 15061) (Plans & Public Works - 808-02)
Action: Received report and commented
Principal Engineer Krebs presented the staff report and answered Councilmembers' questions.
Mayor Roberson requested an estimated cost for project CW-8, Monterey Harbor Green
Seawall Promenade.
Councilmember Smith requested information on project DMB-1, Tot Lot Gazebo & Seating; MV-
5, Via Paraiso Park Tennis Court Resurfacing; MV-16, Dog Park at Via Paraiso; and CW-22
Dog Park
Councilmember Albert commented on project MV-11, Pickleball Complex 6 Court.
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City Council Minutes Tuesday, March 7, 2017
Councilmember Barrett said that he would like to see projects that benefit the most people,
particularly in the area of mobility, such as bike racks, making street signs more readable, and
bike lanes. He said public restrooms are a fundamental need that has not been fully met. He
said that public art is an enhancement to mobility and reconfiguration of Schultz Park is needed
for the New Monterey Neighborhood and the Lighthouse District.
Councilmember Haffa emphasized that the dog park should be a priority and voiced concerns
regarding placing security cameras at Veterans' Park. He strongly supported the Monterey Bay
Park restrooms, and NIP Spokesperson Heuer clarified that this request is for additional funds
for an NIP project funded in 2000. Dr. Haffa strongly supported multi modal projects.
Mayor Roberson suggested that the location of the dog park should be evaluated. He
suggested talking with the applicant regarding pickleball to find the optimum spot, perhaps a
designated court.
Mayor Roberson opened public comment, had no requests to speak, and closed public
comments. He called a recess at 8:05 p.m. Council reconvened at 8:22 p.m.
PUBLIC HEARING
19. Amend City Code Section 38-106, Exceptions to Height Limits, to Allow Enhancements for
Energy Conservation – Roofing Materials and Insulation (Exempt from CEQA per Article 19,
Section 15305) (Plans & Public Works - 201-12)
Action: Continued to March 21, 2017
On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the
following vote, the City Council continued the item to March 21, 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
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
CONTINUED PUBLIC COMMENTS
Mayor Roberson reopened the floor for public comments. Judy Karas asked what procedure is
in place for people who bring up problems and suggestions, saying that she has not received a
response regarding comments about lighting at Alvarado and Pearl. Michael Bear, Monterey
resident, said that CalAm does not have a permit for the proposed bridge across Highway 68.
He asked Council to suspend their encroachment permit until they obtain a permit. Having no
further requests to speak, Mayor Roberson closed public comments.
ANNOUNCEMENTS FROM CLOSED SESSION
Information Resources Director/City Clerk Gawf announced that the City Council received a
report in a conference with labor negotiator Gina Donnelly regarding employee organizations
Monterey Fire Fighters' Association (MFFA), Monterey Police Association (MPA), Management
Employees' Association (MEA), Monterey Fire Chief Officers’ Association (MFCOA), and no
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City Council Minutes Tuesday, March 7, 2017
action was taken.
PRESENTATIONS
20. Quarterly Water Update (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061) (City Council - 701-16)
Action: Received report
Mayor Roberson said that the EIR for the water project is being circulated for public comments
and will go back to be considered by the PUC after the public comment period. Councilmember
Barrett, MRWPCA representative, reported that there has been a change in the pipeline route,
and he displayed a graphic of the realignment. Councilmember Haffa voiced concerns
regarding the pipeline permit, and asked about its status and if there is an alternative route.
Mayor Roberson said that he will ask the CalAm representatives about it at the upcoming
Monterey Regional Water Authority meeting. Councilmember Smith said that this does not
mean that everything stops, and he believes that Cal Am will address the permit issue. He
noted the importance of getting the project completed on schedule.
21. Monterey County Convention & Visitors Bureau Mid-Year Presentation (Not a Project under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City
Manager - 101-01)
Action: Received report
Tammy Blunt, President and CEO of MCCVB, gave the presentation and answered
Councilmembers' questions. Mayor Roberson opened public comment on the item, had no
requests to speak, and closed public comments.
PUBLIC APPEARANCE
22. Consider Sending Letter to the California Coastal Commission, California State Lands
Commission, Monterey Bay National Marine Sanctuary, and Association of Monterey Bay Area
Governments on CEMEX Plant-- Continued from February 21, 2017 (Not a Project Under
CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans &
Public Works - 204-06)
Action: Authorized amended letters regarding CEMEX to be sent to the California
Coastal Commission, California State Lands Commission, and Monterey Bay National
Marine Sanctuary
Chief of Planning Cole presented the staff report and answered Councilmembers' questions.
Councilmember Smith disclosed that he met with the plant manager to learn more about the
operation, and Councilmember Albert indicated that he had also met with the plant manager.
Mayor Roberson opened public comments on the item. Ed Thornton, coastal scientist, urged
Council to send letters to other agencies urging cease and desist of operations at CEMEX.
Steve Schimek, Executive Director of the Otter Project, said that he does not like sea walls, and
he supported sending letters. Antony Tersol, Monterey Chapter of Surfriders, supported
sending the letters.
Kevin Miller, Monterey Chapter of Surfrider Foundation, spoke in support of sending the letters
with a strong statement urging the closure of CEMEX. Francine asked the Council to send
letters encouraging the closure of the sand mine. Katherine O'Dea, Executive Director of Save
Our Shores, spoke in support of sending the letters. Kyle Morris, college student, supported
sending the letters.
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City Council Minutes Tuesday, March 7, 2017
Ximena Waissbluth, Monterey Chapter of Surfrider, spoke in support of sending letters urging
the closure of the CEMEX plant. Deb Regne, spoke in support. John Presley, Monterey
resident, spoke in support of sending the letters. Sarah Farnsworth, marine science student,
spoke in support of sending the letters. Cathy Bianna, Marina resident, clarified that the City of
Marina sent a letter supporting cease and desist of sand mining operations about a year ago.
She supported sending letters. Consuela Crosby, Monterey resident, supported sending the
letters. With no further requests to speak, Mayor Roberson closed public comments on the
item.
It was moved by Councilmember Haffa, and seconded by Councilmember Barrett, to approve
sending corrected letters, showing "up to 270,000 cubic yards," with the source of that figure
footnoted, to the California Coastal Commission, California State Lands Commission, Monterey
Bay National Marine Sanctuary, and Association of Monterey Bay Area Governments regarding
the CEMEX Plant.
Councilmember Smith said that the cubic yards figure is subjective, Monterey does not have
scientists to determine the volume, and he would like to exclude that number from the letters.
Councilmember Barrett said that he has a letter from the former sand mine owner that
corroborates the volume of sand extracted, so he would like to include it.
Councilmember Albert said that it is important to do what we can to protect the beaches. He
supported the letter, and said that while he understands Councilmember Smith's point, he is not
too concerned about including the numbers.
Councilmember Haffa said that our way of life is threatened, and he supported sending the
letters. He suggested that a foot note could be included that describes where the number of
270,000 cubic feet comes from. Councilmembers Smith and Albert agreed with adding a
footnote.
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
Mayor Roberson called a recess at 9:20 p.m., and reconvened the meeting at 9:32 p.m.
23. 1st Reading – Adoption of an Ordinance and Resolution Authorizing Implementation and
Membership in a Community Choice Aggregation Program--Continued from February 7, 2017
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061) (Plans & Public Works - 802-12)
Action: Passed Ordinance to print; adopted Resolution No. 17-038 C.S.
Sustainability Coordinator Terrasas presented the staff report and answered Councilmembers'
questions. Shawn Marshall, former elected official and Executive Director of LEAN Energy U.S.,
clarified provisions in the JPA agreement, its organizational design, and operating costs.
Mayor Roberson opened public comment. Sydney Ramsay-Dodd spoke in support of joining
the CCA. Judy Karas spoke in support of joining the CCA. Rick Heuer, Monterey resident and
business owner, said that there is a lack of detail and information in the staff report. He said
that this CCA is different from others because it encompasses three counties and the
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City Council Minutes Tuesday, March 7, 2017
governance is not proportional to population and it is stacked against Monterey County
customers. Gary Cursio, Monterey County Hospitality Association, said that while MCHA
supports the concept, it opposes this organization due to the governance. Kevin Dayton,
Monterey resident, spoke in opposition to joining the CCA, noting the likelihood of the
organization endorsing project labor agreements.
Dr. Beverly Bean said that green energy is the future, and she supported joining the CCA. Mr.
Wilson, Monterey resident, spoke in support of joining the JPA in order to provide rate payers
with choice. Michael Bear spoke in support of joining the JPA, saying that there is a deadline to
join. John Presley, Monterey resident, said that he works for a solar company, and he
supported joining the CCA.
Jody Hansen, President and CEO of the Monterey Peninsula Chamber of Commerce, said that
the Chamber supports renewable energy, but the members are concerned regarding the
governance of this program. She warned Council regarding project labor agreements, saying
that they cause at least 20% increase in costs. Regina Gage, Monterey resident and
representative on the County Democratic Central Committee spoke in support. Decon Warren
Hoy spoke in support of the CCA and urged Council to join the JPA as soon as
possible. Denise Frischmuth, President of Communities for Sustainable Monterey County,
spoke in support of joining the CCA. Katherine O'Dea, Save Our Shores, spoke in support of
voting to join the JPA.
Tim Flanagan, Monterey Regional Waste Management, said that his board voted to support the
CCA, and he urged Council to join the JPA. William Merry, formerly with the Waste
Management District, spoke in support of the CCA, noting that he had previously submitted a
letter. Ms. Jennings, Monterey resident, spoke in support of the CCA. Having no further
requests to speak, Mayor Roberson closed the hearing.
It was moved by Mayor Roberson, and seconded by Councilmember Barrett, to pass the
Ordinance to print and adopt Resolution No. 17-038 C.S., authorizing implementation and
membership in a Community Choice Aggregation Program.
Councilmember Smith voiced continuing concerns regarding the governance model and the
scale of the proposed JPA. Councilmember Barrett said that he sees this as an opportunity and
he supports the motion.
Councilmember Albert said that he has to consider the best interests of the City of Monterey,
voiced concerns regarding the governance of the JPA, as well as the issue of project labor
agreements. He said that he fears losing the representation for the City because of the
governance.
Councilmember Haffa said not to let the perfect get in the way of the good. He said that if there
is a delay, the Council is saying no to the residents.
Councilmember Smith said that there is a great risk in the future. He said that he does not want
this to become a social program; rather it's about delivering utilities to consumers. He said that
he will advocate for a greater weighted vote.
Councilmember Albert said that he has weighed both sides, and while he has reservations, in
the long run he believes joining will serve the City of Monterey.
Councilmember Barrett said that having a social side to the issue is not a detriment, and
there are financial and economic opportunities. Councilmember Smith noted that there could be
pitfalls ahead, as the PUC may have to raise rates as PG&E is phased out of the market.
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City Council Minutes Tuesday, March 7, 2017
Mayor Roberson agreed with the Councilmembers' comments and said that this is an
opportunity for him as an individual to make a contribution to the environment.
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
COUNCIL COMMENTS
Due to the lateness of the hour, there were no Council Comments.
CITY MANAGER REPORTS
Due to the lateness of the hour, the City Manager did not give a report.
ADJOURNMENT
Having no further business to come before the City Council, Mayor Roberson adjourned the
meeting at 11:08 p.m.
Respectfully Submitted, Approved,
Bonnie L. Gawf Clyde Roberson
Director of Information Resources/City Clerk Mayor
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Agenda
City Council
City Council Agenda Clyde Roberson, Mayor
Regular Meeting Dan Albert, Councilmember
Timothy Barrett, Councilmember
Monterey City Council Alan Haffa, Councilmember
Tuesday, March 7, 2017 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
PRESENTATIONS
1. Receive a Defense Language Institute "Proclamation of Thanks" Certificate and Coins (Not
a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 19,
Section 15061) (Plans & Public Works - 701-17)
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
2. February 21, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061) (Information Resources - 701-09)
Award of Contracts
Awarding of CONTRACTS for construction contracts.
3. Authorize a Transfer and Appropriation of Funds for the Purchase of (4) 2017 Ford Police
Interceptor Utility Vehicles and (4) Police Equipment Packages (Not a Project under CEQA
per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans &
Public Works - 812-02)
4. Award a Contract for the Purchase of (5) Utility Bed Trucks (Not a project under CEQA
Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans &
Public Works - 812-02)
Tuesday, March 7, 2017
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.
5. 1st Reading - Amending Chapter 28 of the Monterey City Code to Add a New Section 29-
27 Regarding Contracts for Furtherance of Public Policy and Amending Section 28-30
Regarding Attorney Service Contracts (Not a Project under CEQA per Article 20, Section
15378 and Under General Rule Article 5, Section 15061) (Finance - 701-11)
6. 2nd Reading - Add Monterey City Code Chapter 22, Section 19.5 to Prohibit Advertising of
Short-Term Residential Rentals in the City's Residential Zoning Districts (Not a Project
Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061) (Plans & Public Works - 701-11)
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."
7. Approve Participation in the Institute for Local Government Beacon Program, which
Provides a Framework for Local Governments to Voluntarily Reduce Greenhouse Gasses,
Save Energy, and Reach Sustainability Goals (Not a project under CEQA Article 20,
Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works -
802-12)
8. Authorize City Manager to Execute a Collaboration Agreement Between the City of
Monterey and the County of Monterey, City of Salinas, City of Seaside and the Housing
Authority of the County of Monterey for the 2020-2025 Assessment of Fair Housing (Not a
project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section
15061) (Plans & Public Works - 201-09)
9. Authorize the City Manager to Enter into a License Agreement with Monterey Pony
Baseball/Softball Inc. Regarding Concession Sales and Storage at Jacks Park and Peter J.
Ferrante Park (Not a project under CEQA Article 20, Section 15378 and under General
Rule Article 5, Section 15061) (Community Services - 704-05)
10. Authorize City Manager to Enter Into an Agreement with the Cities of Pacific Grove,
Carmel, and Salinas, and the Aromas Tri-County Fire Protection District for the Joint Grant
Funded Purchase of Radios (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 19, Section 15061) (Fire - 604-09)
11. Approve Water Allocation of 0.08 Acre-Feet to 590 Pearl Street for Use as an Emergency
Shelter (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061) (Plans & Public Works - 203-02)
12. Order Engineer’s Report for Fiscal Year 2017-18 for Calle Principal Maintenance District
00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article
5, Section 15061) (Plans & Public Works - 809-07)
13. Order Engineer’s Report for Fiscal Year 2017-18 Alvarado Street Maintenance District No.
85-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article
5, Section 15061) (Plans & Public Works - 809-07)
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Tuesday, March 7, 2017
14. Authorize a Transfer and Appropriation of Funds for the Purchase of Two Full-Size Trucks
for Camp Roberts Maintenance Division (NEPA Not a Project; CEQA Not a Project)
***PMSA*** (Plans & Public Works - 903-02)
15. Amend Resolution 15-120 Changing the Position Control List by Adding One Half Time
(.50 FTE) Senior Administrative Analyst Funded Between the Human Resources and
Finance Departments (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061) (Human Resources - 502-03)
***End of Consent Agenda***
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.
16. Presentation of FY16/17 Mid-Year Budget Report and Adopt Resolution Approving
FY16/17 Mid-Year Budget Adjustments (Not a Project under CEQA per Article 20, Section
15378 and Under General Rule Article 5, Section 15061) (Finance - 406-04)
17. Amend Resolution 14-073 to Authorize a Second Amendment to City Manager
Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 19, Section 15061) (Human Resources - 501-04)
18. Review and Comment on Neighborhood Improvement Program (NIP) Proposed FY
2017/18 Projects ***NIP*** (Not a project under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061) (Plans & Public Works - 808-02)
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.
19. Amend City Code Section 38-106, Exceptions to Height Limits, to Allow Enhancements for
Energy Conservation – Roofing Materials and Insulation (Exempt from CEQA per Article
19, Section 15305) (Plans & Public Works - 201-12)
***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
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Tuesday, March 7, 2017
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
PRESENTATIONS
20. Quarterly Water Update (Not a Project under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061) (City Council - 701-16)
21. Monterey County Convention & Visitors Bureau Mid-Year Presentation (Not a Project
under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061) (City Manager - 101-01)
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.
22. Consider Sending Letter to the California Coastal Commission, California State Lands
Commission, Monterey Bay National Marine Sanctuary, and Association of Monterey Bay
Area Governments on CEMEX Plant-- Continued from February 21, 2017 (Not a Project
Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
(Plans & Public Works - 204-06)
23. 1st Reading – Adoption of an Ordinance and Resolution Authorizing Implementation and
Membership in a Community Choice Aggregation Program--Continued from February 7,
2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article
5, Section 15061) (Plans & Public Works - 802-12)
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.
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
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Tuesday, March 7, 2017
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.
UPCOMING MEETINGS AT CITY HALL
Mar 9 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm
Mar 9 MP Regional Water Authority Meeting, TBD - 7:00 PM
Mar 9 HPC Meeting Cancellation Notice, Council Chamber - 4:00 pm
Mar 14 Planning Commission Meeting, Council Chamber - 4:00 pm
Mar 15 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Mar 16 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM
Mar 16 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Mar 21 Council Regular Meeting, Council Chamber - 4:00 PM
Mar 22 Council Study Session, Council Chamber - 4:00 PM
Mar 22 Library Board Meeting, Library Community Room - 5:00 PM
Mar 27 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm
Mar 28 Planning Commission Meeting, Council Chamber - 4:00 pm
Mar 29 Council Study Session, Council Chamber - 4:00 PM
Apr 6 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Apr 6 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM
MORE INFORMATION IS AVAILABLE BY CALLING 646-3935
See Council Chamber seating chart online.
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