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Council Regular Meeting

Regular Meeting

Monterey, CA · March 7, 2017

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

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) 2 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 3 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 4 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. 5

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