Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 5, 2019 4:00 p.m. - 6:30 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, City Attorney, Interim Assistant City Manager, Acting City Present: Clerk, Parks and Recreation Director, Community Development Director, Public Works Director, Police Chief, Human Resources Director, Library Director, Finance Director, Housing and Community Development Manager, Principal Engineer, Property Manager, Employee Relations Manager, Parks Operations Manager, Administrative Analyst (Parks and Recreation), Administrative Analyst (City Manager) CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Recognition of American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamation Mayor Roberson presented the proclamation. Lee Hedgepeth, American Red Cross of the Central Coast, made brief remarks. 2. Declaration of International Women's Day (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Presented proclamation Mayor Roberson presented the proclamation recognizing International Women's Day. PUBLIC COMMENTS Mayor Roberson opened public comments for non-agendized matters. Nina Beety referred to the eighth anniversary of the Fukushima nuclear disaster and the current Venezuelan crisis, and expressed grave concerns about 5G wireless technology, which she said would introduce a global blanket of microwave radiation with biological effects seen in all life forms. Lorna Moffat asked everyone to avoid buying 5G-enabled phones, citing significant health and safety concerns, and urged all to plant wooly milkweed to provide monarch butterflies with a native food source. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson said that items 6 and 7 would be pulled from Consent. He opened public comments on the Consent Agenda, received none, and closed public comments.  City Council Minutes Tuesday, March 5, 2019 On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6 and 7: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. February 19, 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 4. February 27, 2019 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Resolutions 5. Amend Resolution 17-098 Changing the Position Control List for the Cemetery, Parks Division, by Adding (1) Cemetery Coordinator and Moving (0.50) Laborer from the General Fund to the Cemetery Fund, Amend Resolution 17-150 Changing the Full-time Salary Schedule for the Cemetery Coordinator, Increase FY18/19 Appropriations and Revenues in the Cemetery Fund by $33,608, Respectively, and Decrease FY18/19 Appropriations in the General Fund, Parks Division by $11,474 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Parks and Recreation - 701-13) Action: Adopted Resolution No. 19-025 C.S. 6. Authorizing a Special Events Grant to Support the Next Generation Jazz Festival and Authorizing General Fund FY18/19 Appropriation of $16,770 (Not a project under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Pulled from Consent, Adopted Resolution No. 19-026 C.S. Citing concern about process, it was suggested by Council that there could be an approved process that would set aside a specific portion of grant funds to allow Council some flexibility after the annual grant program is set. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-026 C.S. to Authorize a Special Events Grant to Support the Next Generation Jazz Festival and Authorize General Fund FY18/19 Appropriation of $16,770: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, March 5, 2019 7. Amend Resolution 15-026 to Recognize the Passage of Measures S and Rename the Measure P Oversight Committee the "Measure P and S Oversight Committee" (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-07) Action: Pulled from Consent, Discussed, Adopted Resolution No 19-027 C.S. Mayor Roberson opened public comments. Tom Rowley, Monterey Peninsula Taxpayers Association, thanked the Council for listening to the ballot advisory committee and the grassroots efforts. He said that Measure S broke the state record with its 82% results. With no further requests to speak, Mayor Roberson closed public comments. The Council highlighted Richard Ruccello’s efforts to achieve the passage of Measure S, and the Public Works team’s execution of the improvements. A question was raised about terms for the Measure P and S committee, and staff was asked to bring answers back to the Mayor. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 19-027 C.S. to Amend Resolution 15- 026 to Recognize the Passage of Measure S and Rename the Oversight Committee the "Measure P and S Oversight Committee": AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 8. Appoint Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2019 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 808-01) Action: Appointed NIP Committee Members and Alternates as outlined in the agenda report attachment 9. Consider Subcommittee Recommendations and Make Appointments to the Museums and Cultural Arts Commission (Not a Project under CEQA per Article 20, Section 15378, and under General Rule Article 5, Section 15061) (City Clerk - 701-06) Action: Reappointed Kimberley Peake, Michael Sovereign, and Bill Wojtkowski with terms expiring December 31, 2020 10. Receive Report on Current Policy for Appointing Members of Boards, Commissions, and Committees (Advisory Bodies) and Provide Direction Regarding Any Requested Updates (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 701-15) Action: Received report ***End of Consent Agenda*** PUBLIC APPEARANCE 11. Review Outline and Direct Staff to Release a Request for Proposals to Solicit a Developer for the City’s Former Fort Ord Property (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Directed staff to release the Request for Proposals, as amended to include consideration of the FORTAG connection, environmental sensitivity, and element(s) of housing and/or development of well-paying jobs 3 City Council Minutes Tuesday, March 5, 2019 Housing and Community Development Manager Caraker presented the key points of a potential Request for Proposals (RFP). On question, she and Community Development Director Cole said that restrictions of 1980s-era Measure M apply to land along the Highway 68, not Fort Ord, but that further analysis can be done to determine whether development of the City’s Fort Ord land would fall under Measure M constraints. On question, Housing and Community Development Manager Caraker said that the RFP language could include requesting an environmentally sensitive proposal and acknowledging Fort Ord Regional Trail & Greenway (FORTAG) alignment as a component. It was noted by Council that the City has strong values focusing on open space, parks, and trees. On question, City Manager Uslar confirmed that if the Council directs staff to release an RFP, and if Council then receives responsive development proposals and selects one, the next step would include entering into an Exclusive Negotiating Agreement (ENA) with a timeline, milestones, and requirements for development. City Attorney Davi said that in deciding whether to solicit proposals, Council is not committing to any further action, and that they would have the right to reject any and all proposals received. She said that other considerations and requirements would be laid out in a separate step during a potential subsequent ENA process. Mayor Roberson opened public comments. Tom Rowley, Fishermans Flats Homeowners and Residents Association, questioned water availability, and suggested that Council read the Highway 68 Area Plan, which he said covers key components and needs to be updated. Michael DeLapa, Landwatch Monterey County, highlighted economic concerns, lack of sufficient groundwater, climate change considerations, and public opposition of developing open spaces as reasons to halt the RFP process. Instead he suggested rezoning areas like Garden Road and Ryan Ranch and focusing more on infill development. Norma Edson and Mikaelia echoed concerns raised by Mr. DeLapa, and asked the City not to displace more animals but rather focus on its City center and existing transportation corridors, and on slow growth strategies. Donna Burych, Monterey Bay California Native Plant Society, said that the Central maritime chaparral is rare and extensive on the property and needs to be preserved. Amanda Priest, Monterey resident, said that plants and animals rely on the pine forest for their habitat, and that because it is the largest, flattest part of the property, it could be selected for development. Rick Aldinger, Monterey County Hospitality Association, saying that a thoughtful plan for the reuse of Fort Ord is in place and that the City’s property is a fraction of the land, urged Council to develop the parcel with strong consideration for affordable workforce housing. Kevin Dayton, Monterey Peninsula Chamber of Commerce, spoke in favor of issuing an RFP focusing on light industrial R&D development and housing, and challenged Council to determine the veracity of Landwatch’s claims that there are existing approved opportunities for such uses. He wondered if Council would consider selling the land to a land trust or parks district for open space. Lauren Aigle, Monterey resident, citing poor housing conditions, asked Council to protect renters and tenants and to develop existing infrastructure for affordable housing rather than build on undeveloped land. Nina Beety said that the balance is not always in favor of wildness when it comes to development. She commented that at one time she heard the City discuss returning land to the Esselen Rumsen people and that she hasn’t seen the City take such action. Timothy Barrett urged restraint, stating that he opposes urban sprawl and supports infill development, and suggested waiting for a development that would increase prosperity of everyday people, which he said would improve the housing situation and increase revenues to the City. Esther Malkin cited water supply concerns regarding potential development, and invited commenters from all sides to also discuss and support development projects that seek to provide infill and housing. 4  City Council Minutes Tuesday, March 5, 2019 Jason Asmus urged Council to take a careful look at how to be environmentally friendly and provide proper housing, which he said provides families the opportunity to build memories. Luis Osorio said that if Council needs to ampend the General Plan, they need to start now, with policies in place and land allocated to develop affordable housing. He asked that Landwatch come out to support projects that align with their priorities. Ivan Quiroz, Monterey resident, said that caring about the environment should include caring about people, and asked people to work together to be part of the solution. He challenged the City to develop the property to provide employee housing. Patty McCracken, Monterey resident, opposed the RFP and spoke in support of infill development where there are already jobs, roads, work, and water, such as mixed use projects in Ryan Ranch. Lucy Ferneyhough, California Native Plant Society, cited the Monterey Pine’s reduced habitat and the Society’s policy on non-removal of pines except for fire safety, and asked Council not to develop the land when there is other space available that has been developed and is no longer in use. With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the matter of the City’s property, a potential RFP, and challenges including housing instability, commuter traffic, water supply, and infrastructure needs. Reference was made to 650 housing units expected by the State by 2023. It was stressed that community support is needed for projects that would allow for affordable housing with infill development. The Council discussed priorities that could be added to an RFP. The importance of protecting the environment was stressed. Preference was stated for focus on affordable housing and economic recovery. A letter from the Transportation Agency for Monterey County (TAMC) regarding the Fort Ord Regional Trail & Greenway (“FORTAG”) was mentioned, and it was stated that developers would need to know that the City expects to accommodate the trail system. A comment was made that it could be beneficial to motivate developers to go above the 20% affordable housing requirement. The Council stressed to the audience and commenters that in releasing an RFP the City would not be committing to any development or making any decisions, but looking at their options. It was stated that there are big questions around the feasibility of developing the land for numerous reasons, and that issuing an RFP could help answer those questions. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council directed staff to release the Request for Proposals, as amended with language that includes consideration of the FORTAG connection, environmental sensitivity, and element(s) of housing and/or development of well-paying jobs: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson called a recess at 5:48 p.m. and the Council reconvened at 6:01 p.m. 12. Consider Subcommittee Recommendation and Make Appointment to the Planning Commission (Continued from February 19, 2019) (Not a Project under CEQA per Article 20, Section 15378, and under General Rule Article 5, Section 15061) (Information Resources - 701-06) Action: Appointed Sandra Freeman with a term expiring June 30, 2020 The Subcommittee, consisting of Mayor Roberson and Vice Mayor Albert, said that they recommended Sandra Freeman for appointment due to her experience and skills as they relate 5 City Council Minutes Tuesday, March 5, 2019 to the makeup of the current Planning Commission, and that her ten years on the Architectural Review Committee would enable her to hit the ground running as a Planning Commissioner. Mayor Roberson opened public comments. Nina Beety spoke in favor of Jean Rasch due to her legal background and experience with the Wireless Subcommittee, and expressed concern about Ms. Freeman’s reference to development in her cover letter and role as a consultant with the City. With no further requests to speak, Mayor Roberson closed public comments. On question, City Attorney Davi explained different types of conflicts of interest, and clarified that the Planning Commission does not approve contracts. Council discussed the applicants and their qualifications, and the process that led to the recommendation for appointment. It was suggested to be mindful about processes, which can be perceived differently than intended. It was commented that the Subcommittee’s explanation of balancing skills on the Planning Commission made sense. Ms. Rasch was encouraged to apply for the new vacancy on the ARC. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council appointed Sandra Freeman to the Planning Commission with a term expiring June 30, 2020: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None COUNCIL COMMENTS Councilmember Williamson said he would like to find another time for a second Council retreat. CITY MANAGER REPORTS City Manager Uslar did not give a report. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session. Kevin Dayton, Monterey resident, applauded the City for winning the Turn Down the Lights lawsuit on appeal, and encouraged the Council to request publication of the opinion, which he indicated that the California Infill Builders Federation had already done. With no further requests to speak, Mayor Roberson closed public comments. The Council adjourned to closed session at 6:16 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following closed session actions: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 150 Del Monte Avenue Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Chan Associates, LLC Under Negotiation: Terms and Conditions for Purchase of Property (Not a Project Under 6 City Council Minutes Tuesday, March 5, 2019 CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a roll call vote of 4-1 (Mayor Roberson voting no), City Council gave confidential direction to their property negotiators cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA) Monterey Executive Management Employees' Association (MEMEA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-01) Action: On a unanimous roll call vote, City Council gave confidential direction to their labor negotiators cs3. Conference with Legal Counsel Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Turn Down the Lights v. City (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, City Council gave confidential direction to their legal counsel ADJOURNMENT The City Council adjourned at 6:48 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7