Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 19, 2019 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, Haffa, Smith, Williamson (arrived at 4:04 p.m.), Roberson Absent: None City Staff City Manager (present for 7:00 p.m. session), City Attorney, Interim Present: Assistant City Manager, Acting City Clerk, Community Development Director, Public Works Director, Police Chief, Human Resources Director, Finance Director, Assistant Police Chief, Parks Operations Manager, Human Resources Analyst, Police Senior Administrative Analyst, Property Manager, Harbormaster CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. Acting City Clerk Klein called the roll with Councilmember Williamson absent. Councilmember Williamson arrived at 4:04 p.m. PRESENTATIONS 1. Recognition of Monterey High School Varsity Boys Basketball Team (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 to Coach Daniels, who introduced the Toreadores and other coaches. Vice Mayor Albert made remarks to celebrate the team. The Council recessed at 4:12 p.m. and reconvened at 4:15 p.m. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. David Ridley asked the City to recognize its poorest citizens as equals, and protect homeless people with fair rules. Nina Beety asked the City to address a tall dead pine tree on Soledad Drive. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda, received none, and closed public comments. He said that members of the public had requested to pull Items 5, 6, and 7. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda, except Items 5, 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  City Council Minutes Tuesday, March 19, 2019 Approval of Minutes 2. March 5, 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 3. Award Contract for Animal Sheltering Services with Society for Prevention of Cruelty to Animals for Monterey County (SPCA) for a Not to Exceed Amount of $75,000 Annually (not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 19-028 C.S. 4. Authorize Professional Services Agreements with Architectural Resources Group, Inc., Chattel, Inc., Dudek, and Galvin Preservation Associates, Inc. (GPA Consulting) for a Not to Exceed Amount of $200,000 Each for On-Call Cultural Resource Preservation Consulting Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 501-04) Action: Adopted Resolution No. 19-029 C.S. 5. Amend Legal Services Agreement with Best Best & Krieger to Increase the Not to Exceed Amount From $39,999 to $150,000 and Appropriate Additional $70,000 in the FY18/19 General Fund Budget to Finalize the City’s Regulations for Personal Wireless Facilities (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 201-12) Action: Pulled from Consent; Discussed; Adopted Resolution No. 19-030 C.S.; Directed staff to expedite the process as much as possible Mayor Roberson opened public comments. Pat Venza asked for details about the timeline for finalizing the wireless ordinance, and asked Council to approve the agreement with a deadline of one month. With no further requests to speak, Mayor Roberson closed public comments. Community Development Director Cole and City Attorney Davi answered Councilmembers’ questions. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 19-030 C.S. to Amend Legal Services Agreement with Best Best & Krieger to Increase the Not to Exceed Amount From $39,999 to $150,000 and Appropriate Additional $70,000 in the FY18/19 General Fund Budget to Finalize the City’s Regulations for Personal Wireless Facilities, and directed staff to expedite the process as much as possible: 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 19, 2019 6. Authorize Professional Services Agreements With Rincon Consultants, Inc., Columbia Telecommunications Corporation, dba CTC Technology & Energy, and EMC Planning Group, Inc., for a Not to Exceed Amount of $150,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 501-04) Action: Pulled from Consent; Discussed; Adopted Resolution No. 19-031 C.S.; Directed staff to prepare the EMC contract to exclude subcontracted work from Hammett & Edison, Inc. Community Development Director Cole gave a brief presentation and answered Councilmembers’ questions. Mayor Roberson opened public comments. Susan Nine asked for City staff to handle wireless facility permits instead of outside consultants, and said that consultants serving corporate telecom clients could pose conflicts of interest. Nina Beety, citing conflicts of interest, questioned the EMC proposal’s inclusion of subcontractor Hammett & Edison, Inc., and urged the Council to turn down Rincon. Pat Venza said that no matter who is hired, she hopes it will be clear to the telecom industry that the consultant works for the City and its residents. Jean Rasch, Monterey Vista neighborhood, spoke in support of hiring an in-house employee to handle wireless applications. With no further requests to speak, Mayor Roberson closed public comments. On question, Community Development Director Cole and City Attorney Davi stated that it may be possible for the City to hire EMC without using their subcontractor Hammett & Edison. Community Development Director Cole explained staff’s justification for hiring consultants, saying that the work load is likely to be sporadic and intensive but not necessarily demanding of a full-time staff member. She described the City’s oversight of consultants’ work and explained why a planning firm would hire an engineering subcontractor. Council discussed the costs and timeframe associated with the proposed consultant contracts versus those that would be incurred by hiring in-house staff. It was expressed that Council is confident in City staff’s ability to monitor consultants’ work. It was requested that staff carefully track the work and costs associated with the contracts so that if it ever becomes more efficient to hire staff instead of consultants, that data will be available and clear. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 19-031 C.S. to Authorize Professional Services Agreements With Rincon Consultants, Inc., Columbia Telecommunications Corporation, dba CTC Technology & Energy, and EMC Planning Group, Inc., for a Not to Exceed Amount of $150,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities, and directed staff to prepare the EMC contract to exclude subcontracted work from Hammett & Edison, Inc.: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3  City Council Minutes Tuesday, March 19, 2019 7. Ratify License Agreement with Access Monterey Peninsula (AMP) for Use of Designated Portions of the Sports Center’s Networking Room and Roof and Authorize Agreement with LCA Bank Corporation, or its Affiliate, to Remove Equipment from the Sports Center in the Event of Loan Default by AMP (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 107-04) Action: Pulled from Consent; Discussed; Continued to the evening session and re- opened; Adopted Resolution No. 19-032 C.S. Interim Assistant City Manager Gawf provided a brief report. Mayor Roberson opened public comments. Nina Beety said that if the satellite dish is an active transceiver it would limit her access to City services and pose Americans with Disabilities Act (ADA) issues. With no further requests to speak, Mayor Roberson closed public comments. On question, Interim Assistant City Manager Gawf said she would need to contact AMP for further technical information about the satellite dish. Mayor Roberson introduced a motion, which was seconded by Councilmember Albert, to continue the matter to April 2, 2019. The motion was then withdrawn by Mayor Roberson. By consensus, the Council continued the matter to the evening session, with direction to staff to seek answers in the meantime about the satellite dish and any impact to AMP that would be posed by a delay. The item was taken up again as the first matter of business after public comments during the evening session. Skip Carter, on behalf of Access Monterey Peninsula (AMP), stated that the satellite dish receives, and does not transmit, signals. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-032 C.S. to Ratify License Agreement with Access Monterey Peninsula (AMP) for Use of Designated Portions of the Sports Center’s Networking Room and Roof and Authorize Agreement with LCA Bank Corporation, or its Affiliate, to Remove Equipment from the Sports Center in the Event of Loan Default by AMP: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session agenda, received none, and closed public comments. The Council adjourned to closed session at 5:09 p.m. The Council reconvened at 7:00 p.m. 4  City Council Minutes Tuesday, March 19, 2019 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Lorna Moffat called attention to brain tumors in children associated with cell phone use and asked Council to take legal action against the FCC’s actions, which she said violate the United States Constitution. With no further requests to speak, Mayor Roberson closed public comments. The Council then took up Item 7, which was continued from the afternoon session. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced the following: cs1 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: The City Council received a report from its labor negotiators PRESENTATIONS 8. Receive Presentations from Del Mar Seafoods, Lusamerica Foods, Royal Seafoods, and Southern Cal Seafoods on Proposals Submitted to Lease Space in the Wharf 2 Warehouse (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Received presentations and public comment Property Manager Aldrete gave the staff presentation, providing an overview of the current leaseholds at the Wharf 2 Warehouse and information about the proposal process, and answered Councilmembers’ questions. The Council received presentations from Sherry Flumerfelt, Monterey Bay Fisheries Trust, who detailed priorities and recommendations outlined in the City’s Fishing Community Sustainability Plan and suggested flexibility in long-term lease planning; Pete Guglielmo, Southern Cal Seafoods, and David Armanasco, who described their operations and proposals, and stated a preference for the wetfish space; Fernando and Ana Frederico and family, Lusamerica Foods, who described their history, operations, and proposal; Cora Campbell, Royal Seafoods, who described their history, operations, proposal, and City-rejected proposals, and suggested a provision for an open offload policy; and Joe Cappuccio, Del Mar Seafoods, Alan Lovewell, Real Good Fish, and attorney Anthony Lombardo, who described Del Mar’s operations and proposal. The presenters answered Councilmembers’ questions. 5 City Council Minutes Tuesday, March 19, 2019 The Council recessed at 8:41 p.m. and reconvened at 8:57 p.m. Mayor Roberson opened public comments and asked commenters to limit their remarks to two minutes. Giuseppe Pennisi; Art Seavey, Monterey Abalone Company; John Pennisi; Sebastian Barbarino; Mario Pennisi; Marco Pennisi; Jiri Nozicka; Nancy Selfridge; Giovanni Nevoloso; Joe Piedimonte ; Elizabeth Pennisi-Nozicka; Skylar Campbell; Francesco Davi; Joseph M. Aliotti Sr.; Giovanni Sanchez, Royal Seafoods; Anthony Cosentino; Rob Zuanich, Silver Bay Seafoods; Joseph Tramonto; Robbie, Ocean Fresh Seafood; and Gino Pennisi spoke in support of the Pennisi family and the Royal Seafoods proposals, with specific comments made about the value of local history, focus on tourism, diversification, and the Silver Bay co-op model. Scott Fosmark and Philip Crivello spoke in favor of the Lusamerica proposal, with specific comments made about the importance of diversification and wide, profitable distribution. David Tibbles, Ocean Angel IV, LLC; Sebastian Crivello, Festa Italia; P.J. Cunhe, Ocean Angel I, LLC; Jenn Girard; Emily Hess; David Torrini; Denyse Frischmuth; and Joe Roggio, Del Mar Seafoods, spoke in support of the Del Mar Seafoods proposal, with specific comments made about the value of the collaboration with Real Good Fish and its sustainable sourcing. Darin Guglielmo and Ted Guglielmo, Southern Cal Seafood, spoke in favor of the Southern Cal Seafood proposals, with specific comments made about efficiency and the value of making the smallest footprint on the wharf at any given time. Bob Faulis remarked on favorable aspects of numerous proposals and said he favored the Silver Bay model due to its support of fishermen. Barbara Meister, Monterey Bay Aquarium, remarked on the successful local groundfish recovery, and said now the region needs to rebuild its fishing economy and restore economic opportunity for local fishermen. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson called a recess at 10:07 p.m. and stated that the Council would not hear the third closed session item due to the late hour. The Council reconvened at 10:12 p.m. COUNCIL COMMENTS Councilmember Haffa said that at the recent Fort Ord Reuse Authority (FORA) meeting, the board voted to ask Senator Monning to consider creating legislation to extend existing developer fees owed on projects that are approved but unbuilt, which would otherwise become unenforceable when FORA sunsets, and create a successor agency with a smaller board of only land use jurisdictions including Monterey. He said that the proposed successor agency’s powers would be limited primarily to collecting developer fees and dispersing funds owed to the region from approved development, and would continue until the fees have been collected. Councilmember Smith said that TAMC’s legislative lobbyist gave an update about matters coming from the Governor’s office that the City may choose to support or protest, including issues relating to gas tax revenues and penalties relating to housing. He said he will attend the League of California Cities public safety meeting on March 28 in Orange County. He said that he would like Council to discuss Garden Road parking issues again and bring it to some closure before it has the potential to be a factor in questions about rezoning for residential. He stated that construction companies working on projects around the City have been taking good care of residents during delays due to weather. 6 City Council Minutes Tuesday, March 19, 2019 CITY MANAGER REPORTS City Manager Uslar said that he attended the California Defense Communities Alliance reception and signing ceremony at the State Capitol earlier in the day. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session agenda, received none, and closed public comments. The Council adjourned to closed session at 10:20 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs2. 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 CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a roll call vote, 3-2 with Mayor Roberson and Councilmember Albert voting no, the City Council gave confidential direction to its property negotiators cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse and North Pump House Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete Negotiating Parties: Del Mar Seafoods (Joe Cappuccio and Joe Roggio); Lusamerica Foods, Inc. (Fernando Frederico and Ana Frederico); Royal Seafoods, LLC (Robert Zuanich); and Southern Cal Seafood, Inc. (Pete Guglielmo) Under Negotiation: Terms and Conditions for New Leases (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Continued to April 2, 2019 ADJOURNMENT The City Council adjourned at 10:45 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7