Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 4, 2018 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, Interim Assistant City Manager, Finance Present: Director, Human Resources Director, Police Sergeant, Community Development Director, Public Works Director, Interim Recreation and Community Services Manager, Acting City Clerk, Housing and Community Development Manager, Senior Engineer, Property Manager, Sustainability Coordinator, Parks Operations Manager, Housing Administrative Analyst, Associate Planner CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Presentation from Monterey Regional Waste Management District Regarding Landfill Tipping Fee Increases (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Received Presentation Tim Flanagan, Monterey Regional Waste Management District (MRWMD), briefly reported on recent garbage and recycling rate increases and answered Councilmembers’ questions. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Tom Rowley, Fishermen Flats Homeowners and Residents Association, invited all to a candidate forum on September 17 at the church at the corner of Highway 68 and Jocelyn Canyon. Kathleen Baker, Monterey resident, encouraged the City Council to agendize discussion of the homeless crisis, and asked for the result of the Neighborhood Improvement Program (NIP) project that she said she proposed two years ago to identify a public building suitable for a homeless shelter. Mary Eileen Kiniry, Gathering for Women, said that an emergency homeless shelter is desperately needed and asked City Council to show leadership by saying how they plan to address homelessness in Monterey. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened the floor for public comments on the consent agenda. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, with the exception of Items 10 and 11:  City Council Minutes Tuesday, September 4, 2018 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. August 21, 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 Award of Contracts 3. Award Construction Contract for Citywide Signalized Intersection ADA Upgrades, Phase 2 (Exempt from CEQA Article 19, Section 15302, Class 2) ***Measure P*** (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-148 C.S. 4. Award Municipal Improvements Job Order Contracts 2018-2019 for City Projects ***CIP/NIP (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-149 C.S. 5. Award Two Municipal Improvements Job Order Pavement Repairs Contracts 2018-2019 for City Projects ***CIP/NIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-06) Action: Adopted Resolutions No. 18-150 and 18-151 C.S. Resolutions 6. 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 - 704-06) Action: Adopted Resolution No. 18-152 C.S. 7. Appropriate $24,750 in Grant Funds from the California Historic Preservation Fund Grant for Preparation of a Historic Context Statement and Surveys; and, Authorize the City Manager to Execute a Grant Agreement with the California State Office of Historic Preservation (Exempt from CEQA per Article 18, Section 15262) (Plans & Public Works - 701-13) Action: Adopted Resolution No. 18-153 C.S. 8. Authorize City Manager to Enter Into a Grant Agreement with California State Parks Division of Boating & Waterways to Accept and Appropriate Annual Grant from the Surrendered & Abandoned Vessel Exchange Program (SAVE-18) (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 904-01) Action: Adopted Resolution No. 18-154 C.S. 9. Authorize the Purchase of (3) 2019 Ford Police Interceptor Utility Vehicles and (3) 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. 18-155 C.S. 2  City Council Minutes Tuesday, September 4, 2018 10. Authorize the Expenditure of Funds to Support the Action Council of Monterey County’s 2018 “A Call to Action! Community Responses to Elder Care Symposium” (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 409-03) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-156 C.S. The City Council said that they want to spread the word and increase participation in and donations to the upcoming Elder Care Symposium. Councilmember Barrett said that details on the event are available online at eldercaresymposium.eventbrite.com. Mayor Roberson opened the floor for public comments, received none, and closed public comments. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 18-156 C.S. to Authorize the Expenditure of Funds to Support the Action Council of Monterey County’s 2018 “A Call to Action! Community Responses to Elder Care Symposium” and asked the public to contact the event organizers to match the City’s $500 general fund expenditure: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 11. Approve City’s Response to the 2017-2018 Monterey County Civil Grand Jury Final Report - “Who’s In Charge? Stepping up on Homelessness: The Need for Strategic Leadership and Comprehensive Planning” (Not a project under CEQA Article 20, Section 15378 and under General Rule Article5, Section 15061) (Information Resources - 706-11) Action: Pulled from Consent; Discussed; Created ad hoc subcommittee consisting of Councilmembers Albert and Haffa; Directed subcommittee to work timely with City Manager to revise the response as guided by Council’s discussion points; Authorized Mayor to sign the resulting response as revised by subcommittee City Manager Uslar provided background information relating to the Civil Grand Jury’s report. Mayor Roberson opened the floor for public comments. Mike Pekin cited concerns about the City’s processes and noticing with this item and the previous shelter zoning overlay, saying that commercial property owners got effectively no notice about the zoning overlay. He asked City Council to create an ad hoc committee on homelessness to get the people together who are most impacted by homelessness to work on the issue together. Mike Brassfield said that a plan should be in place when funding comes through, instead of at the last minute when there is no time to plan. He cited concerns about the regionalization of funding, specifying a preference to keep the funding in Monterey due to the larger proportion of homeless individuals in Monterey. He spoke in favor of having a member of the public as the chair of such a committee. Kathleen Baker asked the City Council to lead and create an inclusive plan to solve problems of homelessness and lack of affordable housing. She said that homeless camping introduces fire hazard and the City needs a shelter. Janet Mason, I-HELP member and Monterey resident, disputed the statement that the City Council’s leadership on homelessness is exemplary, and said there is a long way to go and the City Council needs to do more to address the problem. Tom Rowley said that the City of Monterey has been the local leader in developing affordable housing. He asked for more coordination between the City and Monterey County Association of Realtors, which he said is willing to be a resource for the City, especially on issues of 3 City Council Minutes Tuesday, September 4, 2018 financial feasibility. Tyller Williamson encouraged the City Council to pursue programs and policies to make it easier for developers to develop affordable housing. He said it will be important to develop a strategic plan and continue to reanalyze over time. With no requests to speak, Mayor Roberson closed public comments. Councilmember Haffa said that he agrees with the Civil Grand Jury’s report and said that while City Council has done a lot, there is a lot more to do. He said that there is a tone of defensiveness in the draft response that is not appropriate. He said political leadership is needed to get things done and observed that he sees jurisdictions passing the buck to other jurisdictions instead of addressing what he said is a regional issue. He said that a regional Joint Powers Authority (JPA) would be appropriate and would reflect the seriousness of the problem. He said he supported the City forming an ad hoc committee to bring together people like Mike Pekin, Kathleen Baker, the Police Department, and other individuals to have an in- depth conversation about the best ways to address homelessness. On question, Interim Assistant City Manager Gawf said that a response to the Civil Grand Jury is required by the California Government Code and is due before the next regular City Council meeting. Councilmember Albert posed the idea of an ad hoc committee, consisting of a few Councilmembers plus staff, who could work together to revise the City’s response. Councilmember Smith said that every City in the County received a request from the Civil Grand Jury on this subject. He cited statistics in the Civil Grand Jury’s report that he said were troubling, and said there was a lot of County-based, but not City-based, data included. He said that the response to the Grand Jury is less important than working to move forward on homelessness. He said that glaringly missing from the Civil Grand Jury’s report was any reference to the fact that some cities have water and some do not. Councilmember Barrett said that City Council has come a long way. He said that he recently wrote to the Lead Me Home Coalition and Coalition of Homelessness Providers asking them to take the lead in increasing community dialogue and engagement in to work toward solutions. He referred to a previous symposium on hunger and homelessness and suggested building upon it. He said the City needs to bring people together because public buy-in is needed to solve the problem, and said it will take longer due to increased participation from the community. He said that a regional solution requires participation from the entire region. Mayor Roberson proposed continuing the item to the evening session for further discussion and action, and by consensus the City Council agreed and returned to the topic after item 17 in the evening. The City Council discussed an ad hoc subcommittee that would work with the City Manager to timely revise the response in relation to its tone, removal of references to the Fort Ord property because the City’s strategy for that property is yet unknown, and adding language in support of a potential JPA with other cities if it meets regional housing creation goals. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council created an ad hoc subcommittee consisting of Councilmembers Albert and Haffa, directed the subcommittee to work together timely with the City Manager to revise the response to the Civil Grand Jury as guided by City Council’s discussion points, and authorized the Mayor to sign the resulting response as revised by the subcommittee: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4  City Council Minutes Tuesday, September 4, 2018 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Huckleberry Hill Nature Preserve; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: United States Army; Under Negotiation: Terms and Conditions for Lease Extension (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 Agency Negotiators ***End of Consent Agenda*** PUBLIC APPEARANCE 13. 1st Reading to Amend Monterey City Code Section 23-5 to Delegate Authority to Parks and Recreation Director to Set Park Opening and Closing Times on a Park-By-Park Basis and Changing All References in Chapter 23 from the Community Services Director to the Parks and Recreation Director. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 701-11) Action: Approved staff recommendation as amended, delegating the authority to set park opening and closing times on a park-by-park basis to the Parks and Recreation Commission instead of the Parks and Recreation Director Mayor Roberson opened the floor for public comments. Jean Rasch said that as much as possible, residents should be included in the process of changing park hours. With no further requests to speak, Mayor Roberson closed public comments. Interim Recreation and Community Services Manager Leon gave the staff presentation, saying that the current City Code provisions on park closure are outdated, each park is different, and a 10 p.m. closure time in the winter means a lot of dark open park time in parks with no lights. The City Council discussed various ways to accomplish the desired goals of flexibility, efficiency, and safety; a public process with proper noticing and opportunity for input; and decisions about park hours that would be appealable to the City Council. City Attorney Davi suggested a number of potential solutions, including delegating the authority to set park opening and closing times on a park-by-park basis to the Parks and Recreation Commission instead of the Parks and Recreation Director. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the staff recommendation as amended, delegating the authority to set park opening and closing times on a park-by-park basis to the Parks and Recreation Commission instead of the Parks and Recreation Director: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The City Council recessed at 5:26 p.m. and reconvened at 7:05 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 5  City Council Minutes Tuesday, September 4, 2018 CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Tom Rowley asked for City Council to agendize regular water updates. Nina Beety, citing health concerns and corruption of regulatory agencies, discussed upcoming litigation around small cell deployment in rural areas and a proposed shortening of the response shot clock to 60 days for adding facilities to existing structures. She asked City Council to take action to oppose 5G rollouts and allow health-related testimony at the federal level. Rebecca Perry, Tuba Christmas, thanked City Council for their support and invited all to the event on December 9 at noon at the Monterey Conference Center. With no further requests to speak, Mayor Roberson closed public comments. PRESENTATIONS 14. Presentation by TAMC: "What's at Risk: Local Projects Funded by Measure X and State Gas Taxes" (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 813-03) Action: Received Presentation Todd Muck, Transportation Agency for Monterey County (TAMC), provided an update on Measure X, Senate Bill 1, and related TAMC projects. PUBLIC APPEARANCE 15. Provide Direction to City Staff to Prioritize and Implement the Citywide Traffic Signal Adaptive System CIP Project to Address Traffic Congestion Utilizing Grant Funding and Measure X (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 807-02) Action: Directed City Staff as Recommended Senior Engineer Renny gave the staff presentation and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Nina Beety asked whether Bluetooth, vehicle scanning, or wireless technology are included in the equipment necessary for adaptive systems. Citing negative health impacts, she said that she opposes anything that would increase wireless radiation exposure. Esther Malkin expressed concern that the proposed bike boulevard from Del Monte from North Fremont on Casa Verde will produce dangerous, even fatal, accidents. She said she doesn’t hear about the City pursuing grant money for housing programs the way that it pursues traffic grants. Rick Johnson, Old Monterey Business Association and New Monterey Business Association; Henry Ruhnke, Monterey County Hospitality Association and local business owner; Rick Aldinger, Monterey resident; Joshua Chirinos, Monterey Plaza Hotel & Spa; DeAnn Brady, Cannery Row Business Association; and John Tilley, Monterey Commercial Property Owners Assocation, all spoke in favor of the staff recommendation. Jody Hansen, Monterey Peninsula Chamber of Commerce, urged the City Council to determine the feasibility of bonding a portion of Measure X to fast-track the adaptive signal system. Rene Boskoff, Marriott Hotel, cited flexible innovations by the hotel industry to accommodate traffic issues, and asked City Council to support the staff recommendation because he said that traffic is still a major concern. 6 City Council Minutes Tuesday, September 4, 2018 Tom Rowley, referring to past service on a Monterey Peninsula Citizens Traffic Improvement Committee, said it was wonderful to see synchronized signals happen after all these years. Gary Cursio, Monterey County Hospitality Association, said that implementing the traffic signal adaptive system would improve the quality of life for residents, employees, and visitors. Marco Pennisi, Monterey resident and business owner, described terrible traffic on Hawthorne Street and at the intersection of Lighthouse and Dickman Avenues. He asked the City for a temporary, smaller plan to divert traffic in that specific location. He said that the City has not responded to his past communications on the subject. With no further requests to speak, Mayor Roberson closed public comments. Senior Engineer Renny said that the traffic adaptive system is wired, not wireless, and that the cameras are for vehicle detection only and are more reliable than loops. She said that the fatal accident at Casa Verde and Del Monte was a late night DUI, a type of accident that she said is difficult to prevent. She addressed the bike boulevard and said that riding on the sidewalk is an option for people who are more comfortable doing that. She said adjustments have been made at Lighthouse Avenue and Dickman Avenue, and added that the better traffic gets on Del Monte Avenue, the better it will get on Lighthouse Avenue. Councilmember Haffa said that what happened this year with Car Week can’t happen in the future. He asked the community to work with the City to help figure out how to schedule events better with regard to traffic, and specifically suggested working collaboratively with MST and encouraging businesses to schedule flexibly. Councilmember Smith said that all cities in the County are seeing the benefits of Measure X’s “self help” because voters paid attention and passed the measure in 2016. He thanked the staff at TAMC and the City for their work. He said that there could be impacts to bordering cities and encouraged those cities to collaborate toward a Peninsula-wide system to improve congestion. He asked for the residential and business communities to be patient during construction and implementation of long-term infrastructure improvements. Councilmember Barrett said a solution is needed at the intersection of Canyon Del Rey and Fremont Street. He said that adaptive traffic systems encourage drivers to follow the speed limit. He said he hopes the City will stay engaged with the military over the matter of access to Defense Language Institute property. Councilmember Albert thanked staff for their prioritization of this issue and read aloud the recommendation from the staff report. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council Directed City Staff to Prioritize and Implement the Citywide Traffic Signal Adaptive System CIP Project to Address Traffic Congestion Utilizing Grant Funding and 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 The City Council recessed at 8:06 p.m. and reconvened at 8:24 p.m. 7  City Council Minutes Tuesday, September 4, 2018 PUBLIC HEARING 16. Amend the Citizen Participation Plan and Adopt the Program Year 2017 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) (Plans & Public Works - 201-09) Action: Received Public Comment; Adopted Resolutions No. 18-157 and 18-158 C.S. Housing Administrative Analyst Ljubimow gave the staff presentation with an update on the status of the City’s HUD funding, expenditures, public service recipients, projects, and goals. She outlined noticing requirements and practices, and described the Citizen Participation Plan, suggesting a substantial amendment criteria update to remove the 20% threshold for project budget modifications, which she said would allow for more flexibility to manage the budget and meet HUD’s spending goals. On question, she clarified the process for setting priorities and the history of the City’s 20% threshold. City Manager Uslar commented that while adding housing inventory is a priority, timely spending of CDBG funds can be a challenge, and sometimes the City responds with projects to improve living conditions for neighborhoods with dense housing. Mayor Roberson opened the floor for public comments. Tom Rowley lamented that Monterey lost its down payment assistance program when it lost the Redevelopment Agency. He suggested that Council look at the Accessory Dwelling Unit (ADU) ordinance with an eye toward what little water is left, and asked why not offer water credits to someone who wants to upgrade existing housing by adding ADUs if they add to the city’s low income housing program. He said that it is time to look at the City’s mixed use policy, which he said doesn’t work the way it was intended, and suggested that small apartment complexes may be better. Mike Pekin said the City has never properly agendized discussion about homelessness itself, and suggested getting all of the people affected together to talk about it. He said that region-based solutions require an ad hoc committee on homelessness. Tyller Williamson said a potential improvement for mixed use space would be reducing the commercial square footage to make more room for housing. He asked people to be open to supporting Section 8 vouchers toward affordable housing. Laurie Hambaro suggested that the City proceed as if Fort Ord would be a good place for housing. She commented that she sees vacant commercial spaces on Lighthouse Avenue in newly built mixed use properties. Esther Malkin echoed concern about mixed use and said retail is dying. Citing Alvarado noise issues, she said that City Council needs to be smart about updating ordinances before approving more mixed use. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolutions No. 18-157 and 18-158 C.S. to Amend the Citizen Participation Plan and Adopt the Program Year 2017 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development: 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  City Council Minutes Tuesday, September 4, 2018 STUDY SESSION 17. Receive Presentation on the Fort Ord Property Development Potential (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Received Presentation; Discussed David Zehnder and Ellen Martin, Economic & Planning Systems, Inc. (EPS), presented an overview of the City’s 126-acre property on Fort Ord, its opportunities and constraints, and remaining challenges and next steps. Ms. Martin provided an analysis of four alternative land use scenarios, and said the intent is to illustrate what is possible on the site, but not suggest a specific mix of uses. She said that stand-alone multifamily, retail, light industrial, and business park uses may not be as viable as other uses when evaluated using a residual value metric. She said that the overall viability of the four presented land use alternatives was highest for mixed residential concept, followed by the low density residential/commercial concept. Mr. Zehnder asked for feedback on the City Council’s desires and the community’s needs. Mayor Roberson opened the floor for public comments. Tom Rowley said that until there is an adequate supply of water, development concepts for the site are premature. He asked whether Measure M’s control on future development along the Highway 68 corridor would constrain potential development on the City’s site. Doug Yount, Monterey Peninsula Chamber of Commerce, cited the importance of including employment-generating economic opportunities and uses at the site. He said that with the challenge of significant housing undersupply comes the opportunity for creating infill development throughout the City. He suggested looking at the figures carefully with regard to vertical construction costs, and said that prevailing wage will be a significant impact to the assessment and the conclusion of residual land value. He said that patience will be needed while waiting for land uses to develop over time. Jody Hansen, Monterey Peninsula Chamber of Commerce, said that new development becomes less affordable than originally planned and the City must look at the jobs in the area and what types of workers can afford the area’s housing. She urged City Council to consider industries that will have higher paying jobs in the future. Tyller Williamson stressed the urgent need to increase the housing stock for all income levels. Alan Samuels, former owner and operator of Carmelo Park residential care facility, said he has a proposal for the Fort Ord site, which would include conducting clinical trials in association with UCSF and Stanford, and affordable workforce housing on the grounds. He urged City Council to take action to proceed with the development opportunities for the site. Bob Faulis, Monterey resident, asked for creative solutions so that developers can include affordable housing in their proposals. He suggested that memory care housing facilities and timeshares do very well and would create the desired demand. Esther Malkin thanked City staff and Council for the presentation, which she said was long overdue. With no further requests to speak, Mayor Roberson closed public comments. The City Council asked to have the matter return to City Council at the September 26, 2018 study session, with further information on water as it relates to the site and on impacts from the potential sunset or transition of the Fort Ord Reuse Authority (FORA). COUNCIL COMMENTS Councilmember Barrett encouraged community participation in the Community Responses to Elder Care Symposium on September 15. He requested to move the Council Comments closer to the beginning of the meeting. 9 City Council Minutes Tuesday, September 4, 2018 Councilmember Haffa suggested a joint meeting between the Planning Commission and City Council to talk about development, what’s working and what isn’t, and shared goals. Councilmember Smith encouraged all to attend Festa Italia starting September 7 at Custom House Plaza. Mayor Roberson opened the floor for public comments on the closed session, and receiving none, closed public comments. ADJOURNMENT The City Council adjourned to closed session at 10:05 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Interim Assistant City Manager Gawf announced the following: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Custom House (Portola Hotel) v. City of Monterey (Monterey County Superior Court Case No. 17CV003313) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-02) Action: On a roll call vote of 3-2 (Haffa, Smith no), the City Council gave confidential direction to its legal counsel cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Huckleberry Hill Nature Preserve Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: United States Army Under Negotiation: Terms and Conditions for Lease Extension (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 its negotiators cs3. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Pedro Becerra Marquez v. City of Monterey (Workers' Compensation Appeals Board) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: Received report; No action taken cs4. Conference with Legal Counsel – Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(2): Four cases. Facts and Circumstances: the existing facts and circumstances known to potential plaintiffs arise out of a confidential personnel investigation pertaining to former City Manager Mike McCarthy. Therefore, the facts and circumstances are exempt from disclosure pursuant to the California Public Records Act. (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a unanimous roll call vote, the City Council accepted as amended and directed staff to issue the following statement: “A MESSAGE FROM THE MONTEREY CITY COUNCIL TO ALL CITY EMPLOYEES “Dear City Employees: 10 City Council Minutes Tuesday, September 4, 2018 “The Council believes that transparency and accountability are necessary steps to eliminating sexual harassment in the workplace. “On November 29, 2017, the City received a citizen’s complaint against then-City Manager Mike McCarthy. “Immediately following receipt of this complaint, the City hired outside counsel to conduct a full, complete, and independent investigation. Outside counsel conducted a comprehensive investigation, including an interview with McCarthy. Evidence obtained through the investigation substantiated the allegations in the citizen’s November 29th complaint. “During the investigation, information surfaced alleging additional instances of sexual harassment and related misconduct by McCarthy. The outside counsel substantiated additional City policy violations of sexual harassment and related misconduct allegations against McCarthy. “The City Council is committed to protecting the confidentiality of the identities of the witnesses involved in this investigation in order to guard their privacy rights to the fullest extent allowed under the law and to encourage others to report sexual harassment without embarrassment or fear of retribution. “The City Council is also committed to providing a work environment that is free of sexual harassment. The City Council will not tolerate sexual harassment, no matter who the offender, nor will it tolerate retaliation against individuals who report misconduct. To deter future sexual harassment and to foster an atmosphere where employees feel safe reporting sexual harassment or other misconduct, the City updated its harassment policy, required all employees to participate in sexual harassment prevention training, and established an internal confidential reporting structure (hotline, e-mail address) to report misconduct. Staff is also developing additional mandatory training segments to enhance our employees’ understanding of sexual harassment and other workplace issues. “The City Council deeply regrets what has transpired. The City Council has zero tolerance for sexual harassment and will continue to work with staff to ensure that the City of Monterey is a safe, respectful, and productive place to work.” Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 11