Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 15, 2017 4:00 p.m - 6:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Barrett, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Community Services Present: Director, Finance Director, Human Resources Director, Library Director, Fire Chief, Police Chief, Interim Community Development Director, Interim Public Works Director, Harbormaster, Principal Planner, Conference Center General Manager, Associate Civil Engineer, Employee Relations Manager, Parking Superintendent, Museum Cultural Arts & Archives Manager, Senior Assistant City Clerk, Property Management Administrative Analyst, Sustainability Coordinator, Housing Administrative Analyst, Associate Planner, Assistant Finance Director, Senior Accountant (2), Accountant/ Auditor, Finance Analyst, Communications Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Environmental Programs Update (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received presentation Sustainability Coordinator Terrasas presented an update on the City's environmental programs. Councilmember Haffa asked if the City would consider partnering with Pacific Grove and the Aquarium on environmental education and outreach, and Sustainability Coordinator Terrasas said yes, commenting that banning straws is a potential future City action. Mayor Roberson opened public comments, and receiving none, closed public comments. 2. Present the Certificate for Excellence in Financial Reporting for FY2015-16 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 403-01) Action: Received presentation Finance Director Porter briefly described the Government Finance Officers Association and its Excellence in Financial Reporting award, which the City has received for the 21st year in a row. She recognized the Finance Department staff for their achievement. City Council Minutes Tuesday, August 15, 2017 PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Darby Mossworth, Peninsula resident for over 60 years, said she feels that we are in a frightening situation with regard to climate denial, nuclear war threats, and talk of military action in Venezuela. She said she realizes that war is profitable but she strongly believes it is not an answer. She urged that the Mayor and City Council give serious thought to joining an organization called Mayors for Peace. Jim Johns, Municipal Marina resident and local business owner, spoke regarding a petition that was sent to the City Council regarding the Harbormaster appeals process. He described the previous process for appealing Harbormaster decisions, and said that the changes to this process introduced by Ordinance 3548 C.S. are not consistent with other City appeals processes. He mentioned various ways that the City noticed the ordinance, but stated that the boating community had not been aware of the issue. He said that the petition has about 93 signatures representing about 25% of Marina users, including slip holders, moorings, live- aboards, sailors, yacht club members, sport fishers, fishermen, concession holders, and charter boat captains. He asked City Council to reinstate the previous appeals process and add new language that would allow Harbor users to participate in policy-making matters regarding the Harbor, perhaps by means of a regular meeting with the Harbormaster. Andrea Smith, part of the Harbor community, said she lives aboard a catamaran with her husband Jim Johns, and considers the Harbor their home. She said that they had concerns with the decisions of the current Harbormaster and as a result discovered the changes to the appeals process. She said she reviewed policies for other cities’ municipal harbors, and that many of them have Port Commissions and Districts, which she said allow community members to be involved, whereas she said that in Monterey there is one paid position. She said that the petition signers want more of a voice in policy-making and an avenue to take them up the chain if they have a dispute. She asked City Council to consider reinstating the appeals process. Marlene Perfecto-Huckelbery said that local businesses charge different tax rates and are confused about the correct rate. She suggested that the area adjacent to Peet’s Coffee should be for coffee instead of alcohol, and said that there are enough locations dedicated to drinking already. She said she would submit a Thanksgiving dinner plan in writing. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Barrett asked to pull items 7 and 11 from the consent agenda. Staff briefly answered Councilmembers’ questions on items 3, 8, and 12. Mayor Roberson opened public comments on the consent agenda and receiving none, closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except for items 7 and 11: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, August 15, 2017 Award of Contracts 3. Award Construction Contract for Citywide ADA Ramps and Street Reconstruction, Phase 5 (Exempt from CEQA Article 19, Section 15303, Class 3) ***Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution 17-127 C.S. Ordinances 4. 1st Reading – Adopt Monterey City Code Chapter 9, Article 10, to Create an Expedited Permit and Inspection Process for Electric Vehicle Charging Stations (AB 1236) -- Recommended for Continuance to September 5, 2017 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 202-01) Action: Continued to September 5, 2017 5. 2nd Reading -- Amend Monterey City Code Chapter 2, Article 4 to Revise the Name and Responsibilities of the Colton Hall Museum and Cultural Arts Commission and Add Sec. 2-19 Quorum, Voting Requirements and Sec. 2-20 Compensation (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Adopted Ordinance No. 3572 C.S. Resolutions 6. Approve Contract for Legal Services and Authorize Contract Amendment (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 704-05) Action: Adopted Resolution 17-128 C.S. 7. Approve Common Carrier Licensing Program (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Pulled from consent; received report; discussed; continued item with a target of 60 days Community Services Director Bui-Burton presented the staff report. Councilmember Barrett asked for clarification on shuttles, and said he wanted to be cautious not to limit transportation options for those who are homebound, or create additional challenges for visitors to take group transit. City Attorney Davi clarified the definition of “common carrier” and Community Services Director Bui-Burton noted that the program could apply to commercial services that charge for rides but would not apply to facility shuttles, ITN Monterey County, or Monterey-Salinas Transit. Mayor Roberson opened public comments on the matter. Gary Cursio, Director of Government Affairs for the Monterey County Hospitality Association, said that the business association would like additional time to look at the possible inclusion of more areas of Cannery Row. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith asked staff if there would be any concern with waiting a little longer to approve the program, and Community Services Director Bui-Burton noted that a little more time could benefit the City as well as there would be time to run a draft license agreement past all potential carriers. 3  City Council Minutes Tuesday, August 15, 2017 On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council continued the Common Carrier Licensing Program, asking staff to bring it back to Council with a target of sixty (60) days: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8. Authorize Memorandum of Agreement between the County of Monterey and Monterey County Cities Regarding Credit Guaranty for Monterey Bay Community Power and Authorize the Reservation of Funds from the General Fund Ending Balance (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Adopted Resolution 17-129 C.S. 9. Authorize and Appropriate Funds for the Purchase of Three (3) GO-4 Parking Enforcement Vehicles (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 17-130 C.S. 10. Authorize an Amendment to the Professional Services Agreement with Harris & Associates for the Sanitary Sewer Rehabilitation Project (Mitigated Negative Declaration) (Plans & Public Works - 704-05) Action: Adopted Resolution 17-131 C.S. 11. Authorize City Manager to Expend Funds for Relocation and Client Care Costs for Monterey Conference Center Groups Affected by the Renovation of the Monterey Conference Center (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-13) Action: Pulled from consent; received report; discussed; adopted Resolution 17-132 C.S. Community Services Director Bui-Burton presented the staff report. Councilmember Barrett asked what funds would be used and City Manager McCarthy said the funding would come from the Conference Center Facilities District. Councilmember Albert asked how much the City would lose if this expenditure were not approved, and Community Services Director Bui-Burton stated there would be a total impact of about $1.687 million. Mayor Roberson and Councilmember Smith said that spending $125,000 to save $1.687 million was a good investment. Mayor Roberson opened public comments on the matter. Gary Cursio, Monterey County Hospitality Association (MCHA), asked for clarification on the funding and City Manager McCarthy gave more information on the Conference Center Facilities District, explaining that if there were not sufficient funds there, the City would look next to the Conference Center operating budget. He said that both sources constitute existing allocated funds. Mr. Cursio asked and City Manager McCarthy clarified that this was the same pot of money from which the fixtures, furniture, and equipment (“FF&E”) for the Conference Center would be purchased. Mr. Cursio stated that the MCHA had learned that there was a possibility that all of the new FF&E may not be available for the opening of the Conference Center. He commented that it is imperative to open the Conference Center properly and the City needs to be judicious about where the allocated money is going. With no further requests to speak, Mayor Roberson closed public comments. 4  City Council Minutes Tuesday, August 15, 2017 On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution 17-132 C.S. to Authorize the City Manager to Expend Funds for Relocation and Client Care Costs for Monterey Conference Center Groups Affected by the Renovation of the Monterey Conference Center: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Accept and Authorize the Appropriation of City/County Payment Funds from CalRecycle for FY 14/15, FY15/16 and FY 16/17 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Adopted Resolution 17-133 C.S. 13. Ratify Emergency Work and Amend the Alpha Fire Contract for Fire Alarms & Sprinkler Operations Maintenance Service Contract to Increase the Dollar Threshold and Appropriate Project Funds for the Replacement of the Failed Fire Pump Controller at the United States Army Signal Activity, Camp Roberts ***PMSA*** (Categorically Excluded from NEPA under Part II, Department of Defense, 32 CFR Part 651, Appendix B, II,(e)(1)), Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-05) Action: Adopted Resolution 17-134 C.S. 14. Authorize Purchase and Award Contract for Fire Department Turnouts (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 405- 04) Action: Adopted Resolution 17-135 C.S. 15. Authorize Purchase and Award Contract for Two Defibrillators and Authorize Appropriation of $35,000 in the 291 Fund (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 405-04) Action: Adopted Resolution 17-136 C.S. 16. Authorize and Appropriate Funds for the Purchase of (1) Sewer/Streets Division Utility Bed Truck Equipped with Message Board and PTO Drive (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 17-137 C.S. Other 17. Receive and File Fiscal Year 2015-2016 Housing Successor Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 207-03) Action: Received annual report ***End of Consent Agenda*** 5  City Council Minutes Tuesday, August 15, 2017 PUBLIC HEARING 18. 1st Reading - Rezone 600 E. Franklin Street from PC-D to PC-D-H-2 and Approve HP Application 17-0278 for a Mills Act Contract; Applicant/Owner Kristin Minnich; Rezone 1130 Roosevelt Street from R-1-6 to R-1-6-H-2 and Approve HP Application 17-0359 for a Mills Act Contract; Applicant/Owner Joan DeMers; and, Approve 361 Lighthouse Avenue, HP Application 17-0301 for a Mills Act Contract; Applicant/Owner Jill Gifford, PC-LH-H1 Zoning District; Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31 (Plans & Public Works - 701-11) Action: Passed Ordinances to print; adopted Resolutions 17-138 C.S., 17-139 C.S., and 17-140 C.S. Mayor Roberson briefly explained the Mills Act and Associate Planner Schmidt presented a brief overview of each property proposed, including historic relevance and defining features. Mayor Roberson opened public comments, and hearing no requests to speak, closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council passed to print the two rezoning ordinances and adopted Resolution 17-138 C.S. Authorizing a Mills Act Contract for the Property at 600 E. Franklin Street, Adopted Resolution 17-139 C.S. Authorizing a Mills Act Contract for the Property at 1130 Roosevelt Street, and 17-140 C.S. Authorizing a Mills Act Contract for the Property at 361 Lighthouse Avenue: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Establish a Sister City Relationship with Isola delle Femmine, Sicily, Italy (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 706-10) Action: Adopted Resolution 17-141 C.S. Mayor Roberson gave a brief overview of the City’s Sister City program and relationships. Mayor Roberson opened public comments on the item. Peter Davi, resident since 1958, asked City Council to approve the proposal. He shared the history of Monterey’s sardine fishermen and cannery workers, many of whom he said were immigrants from Isola delle Femmine. He highlighted former City of Monterey mayors Shedo “Buck” Russo, Peter Coniglio, and Chuck della Sala, whom he noted were all descendents of those fishermen. He said that we owe it to the memory of the early settlers from Isola delle Femmine to establish this Sister City relationship. Gaspar Cardinale thanked the Mayor, Council and City staff for their support. He said that in early September, a contingent from Isole delle Femmine will be visiting, including its Mayor and Council. He said that on September 8, when the Santa Rosalia festival begins, he hopes to finalize the Sister City relationship ceremonially. 6  City Council Minutes Tuesday, August 15, 2017 Anna Marie Della Sala-Stanton, president of the Italian Heritage Society, said that the Isola delle Femmine contingency will be participating in the Santa Rosalia parade. Bert Cutino said that Monterey has the same layout as Isola delle Femmine and that when his ancestors came here, they felt at home. He urged City Council to approve the Sister City relationship. With no further requests to speak, Mayor Roberson closed public comments. Councilmembers Barrett, Smith, and Albert spoke in support of a Sister City relationship. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution 17-141 C.S. to Establish a Sister City Relationship with Isola delle Femmine, Sicily, Italy: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 20. Authorize the City Manager to Enter into a Master Programs Funding Agreement with the Transportation Agency for Monterey County to Receive Allocations from Measure X (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-13) Action: Adopted Resolution 17-142 C.S. Council had no questions. Mayor Roberson opened public comments and receiving no requests to speak, closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution 17-142 C.S. to Authorize the City Manager to Enter into a Master Programs Funding Agreement with the Transportation Agency for Monterey County to Receive Allocations from Measure X: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 21. Response to 2016-2017 Monterey County Civil Grand Jury Final Report - “Preservation of Historical Documents of Monterey County” (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-03) Action: Received response to report Council had no questions. Mayor Roberson opened public comments and receiving no requests to speak, closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council received the Response to 2016-2017 Monterey County Civil Grand Jury Final Report - “Preservation of Historical Documents of Monterey County”: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7 City Council Minutes Tuesday, August 15, 2017 PUBLIC COMMENTS ON CLOSED SESSION Mayor Roberson opened public comments on the closed session agenda. Doug Wiele, president and founder of Foothill Partners, said how pleased he was that the moment to discuss the ground lease for 595 Munras Avenue was finally here. He listed some of his firm’s accomplishments since the original solicitation, including the completion of Uptown Monterey and the Fidelity building, beginning construction on the Cooper Molera building, and building the beer garden that just opened. He said there were many hurdles along the way and he was grateful for the fortitude of City throughout the process. He gave a brief history of the El Cuartel location and said he hoped he and the City would exchange signatures later in the week. With no further requests to speak, Mayor Roberson closed public comments and adjourned the meeting to closed session at 5:40 p.m. ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION At 6:06 p.m., Senior Assistant City Clerk Klein announced the following closed session actions: cs1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; Employee Organization: Monterey Executive Management Employees' Association (MEMEA), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA)(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-01) Action: On two unanimous roll call votes, the City Council gave confidential direction to their labor negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 595 Munras Avenue Agency Negotiators: Hans Uslar Negotiating Parties: Foothill Partners, Inc./Douglas Wiele/Carl Outzen Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a unanimous roll call vote, the City Council gave confidential direction to their property negotiators ADJOURNMENT Mayor Roberson adjourned the meeting at 6:06 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Senior Assistant City Clerk Mayor 8