Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 2, 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, 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, Finance Director, Property Manager, Police Lieutenant, Sustainability Coordinator CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Monterey Bay Community Power Annual Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-13) Action: Received Presentation Peter Berridge, Monterey Bay Community Power (MBCP), gave a brief update on the occasion of the agency’s one year anniversary, and answered Councilmembers’ questions. Councilmembers remarked on highlighted successes of MBCP. PUBLIC COMMENTS Mayor Roberson opened public comments for non-agendized matters. Julie Engell asked why the Monterey High School scoreboard was partially funded by Measure P, and the Council clarified that the Measure P in question was MPUSD’s 2010 school bond. Bruce Zanetta spoke against placing solar arrays in open space, citing reduced carbon sequestration by plant life. 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. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda: 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, April 2, 2019 Approval of Minutes 2. March 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 Award of Contracts 3. Award a Construction Contract in an Amount Not to Exceed $257,480.00 to ACCO – Wilson Inc. (DBA. Geo. H. Wilson Mechanical Contractors) for the Presidio of Monterey (POM) – 800 Series Repair and Replacement of Hot Water Generators (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** (Public Works - 704-06) Action: Adopted Resolution 19-033 C.S. Resolutions 4. Amend Resolution 17-098 Changing Position Control List by Adding One Overfill Chief of Inspection Services/Building Official Position in the Building Safety and Inspection Services Division and Appropriate $60,000 One-Time for General Fund FY19 and/or FY20 to Fund the Position Through October 4, 2019. (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 202-01) Action: Adopted Resolution 19-034 C.S. 5. Amend Resolution 17-098 Changing Position Control List by Adding One Overfill Assistant Finance Director Position and Appropriate $110,000 One-Time for General Fund FY19 and/or FY20 to Fund the Position Through December 31, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 406-04) Action: Adopted Resolution 19-035 C.S. 6. Order Engineer’s Report for Fiscal Year 2019-20 for Calle Principal Maintenance District 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 802-04) Action: Adopted Resolution 19-036 C.S. 7. Order Engineer’s Report for Fiscal Year 2019-20 Alvarado Street Maintenance District No. 85-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 802-04) Action: Adopted Resolution 19-037 C.S. 8. Identify the Reconstruction of Casa Verde from Fremont to Highway 1 as the Project to be Funded by SB-1: The Road Repair and Accountability Act (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 801-01) Action: Adopted Resolution 19-038 C.S. 9. Amend Resolution 17-125 for the Capital Improvement Program to Include the Development of a Complete Streets Policy and Appropriate $152,491 of State Grant and Matching Funds ***CIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 406-04) Action: Adopted Resolution 19-039 C.S. 2  City Council Minutes Tuesday, April 2, 2019 Other 10. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1187 Del Monte Avenue; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Adam Mohr; Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Appointed ***End of Consent Agenda*** ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session. Adam Mohr, Mohr Imported Cars, spoke in support of his request for a lease amendment. With no further requests to speak, Mayor Roberson closed public comments. The Council adjourned to closed session at 4:36 p.m. The Council reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments for non-agendized matters. Marc Kelley, West Franklin St. resident, and Leonard Levenson, Monterey resident, described risks and accidents resulting from the use of electric vehicles on the recreational trail, and asked Council to find a solution to increase safety on the trail. Janet Ross Neuroh, Ocean Forest Homeowners Association, and Lee Whitney expressed concerns that road closure signs have appeared in the Glenwood neighborhood with no prior notification to residents, and asked for outreach to affected neighbors, including Monterey Peninsula College. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 11. Open a Public Hearing to Receive Protests of Proposed Rates Effective May 1, 2019 for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 802-06) Action: Opened public hearing; Received public comments and protests; Continued public hearing to April 16, 2019; Directed staff to answer at the continued hearing commenters’ questions regarding a bid process and variances between proposed rates for condominiums and proposed rates for apartments and single family homes Sustainability Coordinator Terrasas presented the staff report on the proposed waste and recyclables collection rate increase. Tom Parola, Monterey City Disposal Service, made brief comments in support of the rate increase. 3 City Council Minutes Tuesday, April 2, 2019 Mayor Roberson opened public comments. Char Carter; Lee Whitney, Glenwood Circle Neighborhood Association; Rana Sabeh, Glenwood Circle; Janet Ross Neuroh, Ocean Forest Homeowners Association; and Leonard Levenson spoke against the rate increase. The question was raised whether the City received bids from other providers. Specific concerns cited were the percentage of the proposed increase, homeowners association residents paying more than other homeowners, and the effect the increase would have on people living with limited means or fixed incomes. Specific suggestions included increasing rates gradually, decreasing City staff salaries to cover the losses rather than increasing rates, and that the City help residents reduce what needs to be recycled. William Merry spoke in support of Monterey City Disposal Service and the rate increase, citing the need to meet more stringent requirements for cleaner recyclables. He suggested instituting clearer signage and information to all customer accounts, and providing better education to the community. With no further requests to speak, Mayor Roberson closed public comments. The Council asked questions, which were answered by Sustainability Coordinator Terrasas and City Manager Uslar. A suggestion was made to improve education by promoting reusable materials and sending residents refrigerator magnets and bin stickers with up-to-date recycling requirements. It was acknowledged that rate increases impact residents’ cost of living. Mayor Roberson stated that official protests should be presented in writing, either at the continued hearing on April 16, 2019, or by mail to the City Clerk’s office. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council continued to April 16, 2019 the matter entitled "Open a Public Hearing to Receive Protests of Proposed Rates Effective May 1, 2019 for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist", and directed staff to answer at the continued hearing, the commenters’ questions regarding a bid process and variances between proposed rates for condominiums and proposed rates for apartments and single family homes: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 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 Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 507-01 HRA) (Human Resources - 507-01) Action: On a unanimous roll call vote, the Council gave confidential direction to negotiators 4 City Council Minutes Tuesday, April 2, 2019 cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1187 Del Monte Avenue Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Adam Mohr Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: Not heard due to time constraints; Continued to evening session cs3. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): City of Monterey v. Safeway (Monterey County Superior Court Case No. 17CV003313) (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a unanimous roll call vote, the Council gave confidential direction to legal counsel COUNCIL COMMENTS None were made. CITY MANAGER REPORTS City Manager Uslar announced that National Library Week begins April 7 and that the Friends of the Monterey Public Library are raising funds for the California History Room. He said that registration is open for the City's recreational offerings and summer camps. He said that slurry seal projects are upcoming with a summer schedule. ***Adjourn to Closed Session*** Mayor Roberson opened public comments on the closed session agenda and requested that commenters limit their remarks to two minutes. Cora Campbell, Silver Bay Seafoods; Jiri Nozicka; Skylar Campbell; Gino Pennisi; Marco Pennisi; Elizabeth Pennisi-Nozicka; Mario Pennisi; and Giovanni Sanchez, Royal Seafoods, spoke in support of the Pennisi family and Royal Seafoods’ proposals (closed session item 4), with specific comments made proposing using Wharf 2 space flexibly to accommodate all of the companies, citing logistics concerns related to trucking if the Council selects multiple tenants, and promoting the value of local history, diversification, and the Silver Bay co-op model. Pete Guglielmo, Southern Cal Seafood; Pete Guglielmo, Jr., Southern Cal Seafood; David Armanasco; Ted Guglielmo, Southern Cal Seafood; and Frank Mineo, Mineo Brothers, spoke in favor of Southern Cal Seafood’s proposals (closed session item 4), with specific remarks made promoting local values, requesting a safer place to offload with less surge, and citing benefits associated with the company’s efficiency, tenancy at the harbor, profit sharing for fishermen, and proposed investments in infrastructure for the Wharf. Alan Lovewell, Real Good Fish, and Joe Roggio, Del Mar Seafoods, spoke in support of Del Mar Seafoods’ proposal (closed session item 4), with specific comments made suggesting that Council identify tenants they’d like to work with without eliminating room for flexibility, promoting the value of shared history, and citing benefits associated with the company’s proposed investment in infrastructure and partnership with Real Good Fish and Fisherman’s Choice. 5 City Council Minutes Tuesday, April 2, 2019 Fernando and Ana Frederico, Lusamerica, spoke in support of Lusamerica’s proposal (closed session item 4), saying that groundfish space should be dedicated primarily to groundfish, that Lusamerica does not intend to cause disharmony or displace anyone at the Wharf, and citing benefits associated with the company’s distribution and business model. Christine Kemp, spoke briefly in support of Royal Seafoods’ proposals (closed session item 4), then addressed closed session item 5, asking Council to discuss the Discovery Charters and give direction to staff to help find short-term and long-term solutions for the vessel, and requested to use the guest space at the harbor for the short-term. Giovanni Nevoloso observed that the decision for closed session item 4 will be difficult, as there is not enough space available at the Wharf to make all parties happy. Steve Scheiblauer addressed closed session item 4, stating that space should be dedicated to groundfish, that combining space for groundfish and wetfish would be difficult, and that there are other spaces and alternatives to consider at the Wharf. With no further requests to speak, Mayor Roberson closed public comments. The Council adjourned to closed session at 8:37 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: 1187 Del Monte Avenue Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Adam Mohr Under Negotiation: Terms and Conditions for Lease Amendment (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 unanimous roll call vote, the Council gave confidential direction to their property negotiators cs4. 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 Continued from March 19, 2019 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 206-03) Action: On a unanimous roll call vote, the Council tabled the matter cs5. Conference with Legal Counsel – Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code §54956.9((d)(2), (e)(2) and/or (e)(3)(Discovery Charters/Wharf Concession 19 - alleged facts and circumstances set forth in correspondence from Christine Kemp, Esq. dated March 27, 2019) (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a unanimous roll call vote, the Council gave confidential direction to legal counsel 6 City Council Minutes Tuesday, April 2, 2019 ADJOURNMENT The Council adjourned at 11:27 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7