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Council Regular Meeting

Regular Meeting

Monterey, CA · June 19, 2018

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 19, 2018 4:00 p.m - 6:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Barrett, Haffa, Roberson Absent: Councilmembers Albert, Smith City Staff Interim Assistant City Manager, City Attorney, Human Resources Director, Present: Community Development Director, Public Works Director, Police Chief, Interim Finance Director, Senior Advisor - Community Services, Acting City Clerk, Deputy City Attorney, Park Operations Manager, Principal Engineer, Housing and Community Development Manager, Principal Planner, Associate Planner, Housing Administrative Analyst, General Services Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. and noted that Councilmember Albert, Councilmember Smith, and Interim City Manager Uslar were in Washington, DC for the Alliance of Defense Communities National Summit. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamations Mayor Roberson presented proclamations on behalf of Petty Officer First Class Gina Scott, and to Petty Officer First Class Alexander Pototsky and Lance Corporal Cole Martin, who each made brief comments. PUBLIC COMMENTS Mayor Roberson opened public comments on matters not on the agenda. Rick Johnson, Old Monterey Business Association, invited all to the July 4th parade downtown. He said that he conveyed greetings on behalf of the City Council to the Defense Language Institute on Memorial Day. With no further requests to speak, Mayor Roberson closed public comments and invited all to the Monterey Pops! Independence Day concert on the Colton Hall lawn. City Council Minutes Tuesday, June 19, 2018 CONSENT ITEMS On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda: AYES: 3 COUNCILMEMBERS: Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Albert, Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. June 5, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved (3-0-2; Albert, Smith absent) Award of Contracts 3. Award Construction Contract for Citywide ADA Ramps and Street Reconstruction, Phase 7 (Exempt from CEQA Article 19, Section 15302, Class 2) ***Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-100 C.S. (3-0-2; Albert, Smith absent) Resolutions 4. Authorize City Manager to Enter Into a License Agreement with Eden Council for Hope and Opportunity (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) (Plans & Public Works - 201-09) Action: Adopted Resolution No. 18-101 C.S. (3-0-2; Albert, Smith absent) 5. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Adopted Resolution No. 18-102 C.S. (3-0-2; Albert, Smith absent) 6. Authorize Payment in Excess of Contract Amount for On-Call Tree Maintenance Service (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-103 C.S. (3-0-2; Albert, Smith absent) 7. Ratify Emergency Procurement Procedures for Fire Extinguisher Inspection, Maintenance and Replacement ***PMSA*** (NEPA Not a Project; Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 803-10) Action: Adopted Resolution No. 18-104 C.S. (3-0-2; Albert, Smith absent) Other 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 290 Figueroa Street (The Wharf Marketplace); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Wesley Van Camp (Tanimura & Antle Value-Added, LLC); Under Negotiation: Terms and Conditions for Consent to Assignment of 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: Appointed negotiators (3-0-2; Albert, Smith absent) 2 City Council Minutes Tuesday, June 19, 2018 9. Appoint Councilmember Albert as One-Time Alternate Representative to the Fort Ord Reuse Authority and Councilmember Barrett as Second Alternate Representative to the Monterey Bay Community Power JPA Policy and Operations Boards, and Amend the 2018 Appointments to Outside Agencies Worksheet (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed alternates (3-0-2; Albert, Smith absent) ***End of Consent Agenda*** PUBLIC HEARING 10. Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-13) Action: Adopted Resolutions No. 18-105 C.S., 18-106 C.S., and 18-107 C.S. (3-0-2; Albert, Smith absent) Mayor Roberson opened the floor for public comments, and receiving none, closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolutions No. 18-105 C.S., 18-106 C.S., and 18-107 C.S. to Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts: AYES: 3 COUNCILMEMBERS: Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Albert, Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 11. Adopt the FY 18/19 Neighborhood Improvement Program ***NIP*** (See report for project- specific environmental determination) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 18-108 C.S. (3-0-2; Albert, Smith absent) Principal Engineer Krebs and Neighborhood Improvement Program (NIP) Alternate Spokesperson Ruccello answered Councilmembers' questions. Mayor Roberson opened the floor for public comments, and receiving none, closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 18-108 C.S. to Adopt the FY 18/19 Neighborhood Improvement Program: AYES: 3 COUNCILMEMBERS: Barrett, Haffa, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Albert, Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3 City Council Minutes Tuesday, June 19, 2018 COUNCIL COMMENTS Councilmember Haffa said that he met with Congressman Panetta and a group of housing and renter rights advocates about the possibility of convening a regional housing forum. He said that Monterey Bay Community Power’s residential program will begin in July, and provided information to residents about the program. He said he would be in Ashland, Oregon for the Shakespeare Festival and as a result will miss the North Fremont Bike and Pedestrian Access and Safety Improvements Project groundbreaking event. He encouraged discussion of the City’s Fort Ord property at a future study session and asked for a pedicab ordinance to be brought forward to City Council soon. Councilmember Barrett said that on July 7 there will be a celebration of Commodore Sloat’s landing at Wharf 1. CITY MANAGER REPORTS Interim Assistant City Manager Gawf reminded City Council about a special meeting on June 27, and said that the July 3 City Council meeting will be cancelled due to the Independence Day holiday. She invited all to the Pancake Breakfast at the Fire Department on July 4 and said that the Cooper Molera Adobe will open to the public that day. She said that the North Fremont Bike and Pedestrian Access and Safety Improvements Project groundbreaking event will take place on June 26, as would a swearing-in of new Police Officers. ***Adjourn to Closed Session*** Mayor Roberson opened public comment on the closed session agenda, and receiving none, closed public comments. The City Council adjourned to closed session at 4:40 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Interim City Manager Gawf announced the following: cs1. Conference with Legal Counsel, Deciding Whether to Initiate Litigation Pursuant to Government Code §54956.9(d)(4) (One Case) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a roll call vote, direction was given to legal counsel to initiate litigation, and additional particulars will be disclosed upon inquiry after the action has been formally commenced. (Government Code section 54957.1(a)(2)). (3-0-2; Albert, Smith absent) cs2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Salvatore Balesteri and Balester, Inc. v. City (Monterey County Superior Court Case No. 16CV02741) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: Received report; no action taken ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 4

Agenda

City Council City Council Agenda Clyde Roberson, Mayor Regular Meeting Dan Albert, Councilmember Timothy Barrett, Councilmember Monterey City Council Alan Haffa, Councilmember Tuesday, June 19, 2018 Ed Smith, Councilmember 4:00 p.m - 6:00 p.m. Interim City Manager Few Memorial Hall of Records Hans Uslar 580 Pacific Street Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 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. June 5, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Award of Contracts Awarding of CONTRACTS for construction contracts. 3. Award Construction Contract for Citywide ADA Ramps and Street Reconstruction, Phase 7 (Exempt from CEQA Article 19, Section 15302, Class 2) ***Measure P*** (Plans & Public Works - 704-06) Tuesday, June 19, 2018 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." 4. Authorize City Manager to Enter Into a License Agreement with Eden Council for Hope and Opportunity (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) (Plans & Public Works - 201-09) 5. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 701-13) 6. Authorize Payment in Excess of Contract Amount for On-Call Tree Maintenance Service (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) 7. Ratify Emergency Procurement Procedures for Fire Extinguisher Inspection, Maintenance and Replacement ***PMSA*** (NEPA Not a Project; Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 803-10) Other 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 290 Figueroa Street (The Wharf Marketplace); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Wesley Van Camp (Tanimura & Antle Value-Added, LLC); Under Negotiation: Terms and Conditions for Consent to Assignment of Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) 9. Appoint Councilmember Albert as One-Time Alternate Representative to the Fort Ord Reuse Authority and Councilmember Barrett as Second Alternate Representative to the Monterey Bay Community Power JPA Policy and Operations Boards, and Amend the 2018 Appointments to Outside Agencies Worksheet (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-04) ***End of Consent Agenda*** 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. 10. Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 701-13) 2 Tuesday, June 19, 2018 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. 11. Adopt the FY 18/19 Neighborhood Improvement Program ***NIP*** (See report for project- specific environmental determination) (Plans & Public Works - 808-02) 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. ***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. ANNOUNCEMENTS FROM CLOSED SESSION 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 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 3 Tuesday, June 19, 2018 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 Jun 20 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jun 21 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jun 21 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jun 25 Museums and Cultural Arts Commission Meeting, Pacific Biological Laboratories - 4:00 pm Jun 26 Planning Commission Meeting, Council Chamber - 4:00 pm Jun 27 Library Board Closed Session, Library Community Room - 4:30 PM Jun 27 Council Special Meeting, Council Chamber - 4:00 PM Jun 27 Library Board Meeting, Library Community Room - 5:45 PM Jul 3 Council Meeting Cancellation, Council Chamber - 4:00 PM Jul 5 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jul 5 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jul 10 Planning Commission Meeting, Council Chamber - 4:00 pm Jul 12 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Jul 12 MP Regional Water Authority Meeting, TBD - 7:00 PM Jul 17 Council Regular Meeting, Council Chamber - 4:00 PM Jul 18 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jul 19 Parks and Recreation Commission Meeting, Council Chamber - 7:00 PM Jul 19 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jul 23 Museums and Cultural Arts Commission Meeting, Council Chamber - 4:00 pm Jul 24 Planning Commission Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 4

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