Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 7, 2017 4:00 p.m. - 5:30 p.m. 7:00 p.m. - 11:00 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, Director of Information Resources/City Clerk, Present: Assistant City Manager, Police Chief, Community Services Director, Fire Chief, Interim Community Development Director, Finance Director, Interim Public Works Director, Principal Planner, Property Management Administrative Analyst, Sustainability Coordinator, Administrative Analyst, Administrative Analyst/Public Information Officer CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Receive “No Straw November” Presentation (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 introduced Laurie Eavey, Co-Chair of Sustainable Monterey, who made the presentation. 2. Presentation by Student Oceanography Club (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received presentation Mayor Roberson invited the Student Oceanography Club to come forward, and the members gave the presentation and answered Councilmembers’ questions. 3. Presentation by Citizen Climate Lobby (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Received presentation Maribel Andonian, Citizens' Climate Lobby Monterey, asked Council to pass a non-binding resolution in support of their Carbon Fee and Dividend proposal. William Merry spoke about climate change and asked Council to agendize a resolution of support. City Council Minutes Tuesday, November 7, 2017 PUBLIC COMMENTS Mayor Roberson opened public comments on the presentations and on any item that is not on the agenda. Steve Webster, one of the founders of Monterey Bay Aquarium, supported the Citizens' Climate Lobby (CCL) proposed resolution. Kaitlan Boya spoke in support of the CCL proposal. Ms. Lades, CSUMB student, supported the CCL proposal. Joyce Vandevere, Monterey homeowner, supported the resolution by the CCL. Olivia Connors, CSUMB student and PADI dive master, voiced concerns regarding plastic and other trash in the ocean. Mia Paletti, Monterey High School student, spoke in support of the CCL proposal. Nelly, Monterey High School student, voiced concerns regarding the cleanliness of the ocean. Zeke Spooner, Carmel High student, spoke in support of the CCL resolution. Judy Karas spoke in support of retaining the historic tax credit that is proposed for elimination in the federal budget. Pat Venza, Monterey Vista Association Vice President, voiced concerns regarding small cell antennas and urged the Planning Commission and City Council to deny the requested permits. Nina Beety spoke in opposition to the 13 cell towers that are proposed for the Monterey Vista neighborhood. Ray Meyers, Monte Vista neighborhood resident, said that people are naturally cautious with regard to cell towers, and cooperation is necessary for fairness and trust. Mike Pekin, Monterey resident opposed the 13 proposed cell towers. Bruce Zanetta, Monte Vista Neighborhood Association, spoke in opposition to the proposed cell towers. Susan Nine, Monte Vista resident, opposed the proposed cell towers. Sandra Collingwood, Old Town resident, asked why the only cell tower in Old Town is near her home and if this is the beginning of additional towers being installed. Jennifer Smith, Peninsula resident, spoke in support of the CCL resolution. Esther Malkin updated the Council regarding her proposal for a workout area for seniors and stressed the health benefits of that project. She commended the Police Department on the recent memorial service. Marlene Perfecto Huckleberry voiced concerns that people are not getting their right to due process. Having no further requests to speak, Mayor Roberson closed public comments and said that a resolution would be agendized regarding the CCL proposal. Mayor Roberson opened public comments on the Consent Agenda. Bruce Zanetta noted that the City is working on climate change via the recommended action on item 5. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda. Bruce Zanetta noted that the City is working on climate change item 5. On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the consent agenda: 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, November 7, 2017 Approval of Minutes 4. October 17, 2017 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved Award of Contracts 5. Authorize an Appropriation of Funds and Award a Construction Contract for the Monterey Conference Center Solar PV Project (Exempt from CEQA CA Public Resources Code Sec. 21080.35) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 17-187 C.S. Resolutions 6. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2018 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-01) Action: Approved 7. Adopt a Resolution to Award a Contract to Hope Services to Maintain Trash Cans and Abate Litter and Appropriate $35,000 Tidelands Funds for the Service (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-01) Action: Adopted Resolution No. 17-188 C.S. 8. Authorize a Transfer of Appropriation Within the Neighborhood Improvement Fund from the Opportunity Property Purchasing Account to the Belden/Drake Open Space Acquisition Project ***NIP*** (Exempt from CEQA Article 19, Section 15316, Class 16, and Section 15301, Class 1) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 17-189 C.S. 9. Reappropriate NIP Funds from Various Projects , Authorize the City Manager to Enter into an Agreement with the Monterey Bay Air Resources District and Authorize an Appropriation of Funds to the Citywide Traffic Signal Adaptive System Project ***CIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 17-190 C.S. 10. Adopt Vision Zero Monterey Action Plan (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 No. 17-191 C.S. 11. Adopt a Resolution Establishing the City of Monterey’s Commitment to Healthy Eating and Active Living Program (HEAL Program) (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-15) Action: Adopted Resolution No. 17-192 C.S. 12. Authorize Contracts for the Purchase of the Adaptive Traffic Control System, Traffic Signal Cabinets and Related Equipment, and Video Detection System for the Citywide Traffic Signal Adaptive System Project (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 17-193 C.S. and Resolution No. 17-194 C.S. 3  City Council Minutes Tuesday, November 7, 2017 13. Appropriate $1,690,000 to the Capital Projects Fund for the FY2017/19 Biennial Period for Projects Funded by the Transportation Safety & Investment Plan (Measure X) ***CIP*** (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 No. 17-195 C.S. 14. Amend Resolution 17-154 Awarding a Professional Services Agreement for Program Management and Construction Management Services with Ausonio Incorporated (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 17-196 C.S. 15. Award a Professional Services Agreement for Construction Management and Resident Engineering Services for the North Fremont Bike and Pedestrian Access and Safety Improvement Project (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 17-197 C.S. Other 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 78 Fisherman's Wharf, (Wharf I Concession 21); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Anthony Rappa; Under Negotiation: Terms and Conditions to Consent to Sublease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 95 Fisherman's Wharf (Concession 10); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: DiGirolamo Enterprises, Inc. (Wharf Theatre); Under Negotiation: Terms and Conditions to Respond to Proposed Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators 18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 290 Figueroa Street (The Wharf Marketplace); Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mr. Rick Antle (Tanimura & Antle Value-Added, LLC) Under Negotiation: Terms and Conditions to Respond to Request for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed negotiators ***End of Consent Agenda*** ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session items. Danny Mitchell, buyer of Monterey Bay Sailing, thanked the Council for considering their acquisition of the business. He noted that sailing supports eco-tourism. Stacy Meheen said that she is available to answer questions regarding the Wharf Theatre and requested that Council support the proposed lease assignment. Peter Baird, Managing Partner Mahoney Real Estate, spoke in support of the Wharf Theater lease assignment. Phil DiGirolamo supported the proposed lease assignment for 4 City Council Minutes Tuesday, November 7, 2017 the Wharf Theatre. With no further requests to speak, Mayor Roberson closed public comments and adjourned the meeting to closed session at 5:42 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the announcements as follows. The City Council unanimously gave confidential direction to their real property negotiators regarding property at 78 Fisherman's Wharf (Wharf I Concession 21), Agency Negotiators: Kimberly Cole and Janna Aldrete, Negotiating Parties: Anthony Rappa, Under Negotiation: Terms and Conditions to Consent to Sublease. The City Council unanimously gave confidential direction to their real property negotiators regarding property at 95 Fisherman's Wharf (Concession 10), Agency Negotiators: Kimberly Cole and Janna Aldrete, Negotiating Parties: DiGirolamo Enterprises, Inc. (Wharf Theatre), Under Negotiation: Terms and Conditions to Respond to Proposed Lease Assignment. The City Council unanimously gave confidential direction to their real property negotiators regarding property at 290 Figueroa Street (The Wharf Marketplace), Agency Negotiators: Kimberly Cole and Janna Aldrete, Negotiating Parties: Rick Antle (Tanimura & Antle Value- Added, LLC), Under Negotiation: Terms and Conditions to Respond to Request for Lease Amendment. The City Council unanimously gave confidential direction to their real property negotiators regarding property at Wharf II Warehouse, North Pump House, Location Between North Pump House and South Pump House, Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete, Negotiating Parties: Monterey Fish Company (Sal Tringali); Monterey Abalone (Art Seavey and Trevor Fay); Carmel Canyon Spot Prawns (John Aliotti); Del Mar Seafoods (Joe Cappuccio and Joe Roggio); Gino's Seafoods (Gino Pennisi); Royal Seafoods (Elaine Pennisi); Ocean Fresh Seafood (Robbie Torrise); Southern Cal Seafoods (Pete Guglielmo); and Real Good Fish (Alan Lovewell), Under Negotiation: Terms and Conditions for New Leases. The City Council tabled two items: Conference with Legal Counsel Pursuant to Government Code §54956.9(d)(2) - Anticipated Litigation, Significant Exposure to Litigation – Scharffenberger Claim – One Potential Case; and Public Employee Performance Evaluation (City Attorney) pursuant to Government Code section 54957(b)(1). ADJOURNMENT Having no further business to come before the City Council, Mayor Roberson adjourned the meeting at 6:44 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources/City Clerk Mayor 5