Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 18, 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, Public Works Director, Police Chief, Finance Director, Housing and Community Development Manager, Assistant Director of Information Resources Traffic Engineer, Environmental Regulations Manager, Human Resources Analyst, Senior Associate Planner (2), Interim Recreation and Community Services Manager, Parking Superintendent, Sports Center Manager, Senior Administrative Analyst (Parks and Recreation), Senior Administrative Analyst (General Services), Administrative Analyst (City Manager), Employee Relations Manager, Parks Operations Manager, Conference Center General Manager, Director of Sales and Events, Systems and Network Administrator CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Presentation by Jiri Nozicka, Chair of People United for American Commercial Fisheries Regarding New "Lost At Sea Memorial" on Monterey Waterfront (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 809-08) Action: Received presentation Elizabeth Pennisi-Nozicka and Jiri Nozicka gave the presentation. 2. Presentation by Frederik Venter of Kimley-Horn and Associates Regarding the City of Monterey’s New Transportation Demand Management Tool (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 803-12) Action: Received presentation Frederik Venter gave the presentation and answered Councilmembers’ questions. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. David Ridley spoke about the treatment and needs of homeless people. Molly, Nina, and Ben, United Way of Monterey County, spoke about the Impact Monterey County survey. Carrie Larson spoke about issues relating to cruise ships. Rick Johnson, Old Monterey Business Association, spoke about the upcoming 4th of July parade and events. Barbara Meister, Monterey Bay Aquarium, spoke about traffic congestion and alternative transportation programs in the City. Nina Beety spoke about electromagnetic sensitivity and disability accommodations. With no further requests to speak, Mayor Roberson closed public comments.  City Council Minutes Tuesday, June 18, 2019 CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda, received none, and closed public comments. Councilmember Smith asked to pull Items 6 and 7, and Nina Beety asked to pull Item 12. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6, 7, and 12, and continuing Item 9 to June 26, 2019: 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. May 29, 2019 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 4. June 4, 2019 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Award of Contracts 5. Award a Construction Contract to O.C. McDonald Co. Inc. in the Amount of $280,000 for the Presidio of Monterey (POM) B838 – Boiler, Water Piping Replacement (POM 18060) (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** (Public Works - 704-06) Action: Adopted Resolution No. 19-094 C.S. Ordinances 6. 1st Reading - Amending Monterey City Code Chapter 36 to Establish Pedicab Regulations and Amending Resolution 15-215 Establishing a Master Fee Schedule to Create a Fee for Pedicab Permits (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 701-11) Action: Pulled from Consent; Passed Ordinance to print and directed staff to research further options for the City to manage the licenses of pedicab drivers who violate the Vehicle Code; Adopted Resolution No. 19-095 C.S. Senior Associate Planner Roveri gave a brief presentation and, together with City Attorney Davi and Police Chief Hober, answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Nina Beety encouraged the City to petition the State for the ability to regulate pedicabs. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council passed to print the Ordinance Amending Monterey City Code Chapter 36 to Establish Pedicab Regulations and directed staff to research further 2  City Council Minutes Tuesday, June 18, 2019 options for the City to manage the licenses of pedicab drivers who violate the Vehicle Code, and Adopted Resolution No. 19-095 C.S. Amending Resolution 15-215 Establishing a Master Fee Schedule to Create a Fee for Pedicab Permits: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. 2nd Reading - Ordinance Creating Overlay District for Certain Properties Located on the South Side of Garden Road (Zone Amendment Application TM-17-0462) that Would Allow Multifamily Residential Uses; and Adopt a General Plan Land Use Element Amendment to Allow Multifamily Residential Uses in the Industrial Land Use Designation, and to Include Garden Road as an Area Appropriate for Workforce Housing; Applicant Brad Slama; I-R-130-RA-ES Zoning District; Industrial General Plan Land Use Designation (Mitigated Negative Declaration Adopted) (Public Works - 701-11) Action: Pulled from Consent; Discussed; Adopted Ordinance No. 3594 C.S. (4-1, Councilmember Smith voting no) The City Council discussed the matter. Concerns cited included the potential adverse impact to the City in terms of revenue from business permits and licenses in the Garden Road corridor, the lack of the option for mixed use, and the need for more time that could be used to gain more information from an Environmental Impact Report. In support of the ordinance, it was observed that there will be mixed use development opportunities in other areas of the City. Mayor Roberson opened public comment, received none, and closed public comment. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Ordinance No. 3594 Creating Overlay District for Certain Properties Located on the South Side of Garden Road (Zone Amendment Application TM-17-0462) that Would Allow Multifamily Residential Uses; and Adopt a General Plan Land Use Element Amendment to Allow Multifamily Residential Uses in the Industrial Land Use Designation, and to Include Garden Road as an Area Appropriate for Workforce Housing; Applicant Brad Slama; I-R-130-RA-ES Zoning District; Industrial General Plan Land Use Designation: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Resolutions 8. Accept the 2018 Monterey County Analysis of Impediments to Fair Housing Choice (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 20, Section 15378) (Public Works - 201-09) Action: Adopted Resolution No. 19-096 C.S. 9. Authorize the City Manager to Enter Into an Agreement to Provide Fire Services Between the City of Monterey and the City of Pacific Grove (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Fire - 601-05) Action: Continued to June 26, 2019 3  City Council Minutes Tuesday, June 18, 2019 10. Authorize Contract Amendment to Professional Services Agreement with Harris and Associates for Construction Management and Resident Engineering Services for the North Fremont Bike and Pedestrian Access and Safety Improvement Project to Increase Contract Amount by $10,397.04 (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Public Works - 704-05) Action: Adopted Resolution No. 19-097 C.S. 11. Authorize Amendment to Construction Contract with Granite Construction Company for the North Fremont Bike and Pedestrian Access and Safety Improvement Project to Increase the Contract Amount by $698,000 for Additional Street Improvement (Paving) ***CIP/NIP*** (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) (Public Works - 704-06) Action: Adopted Resolution No. 19-098 C.S. 12. Authorize Purchase of Cisco SMARTNet Technical Support Services for $52,692.81 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 105-03) Action: Pulled from Consent; Adopted Resolution No. 19-099 C.S. City Manager Uslar gave a brief introduction of the item. Assistant Director of Information Resources Blake answered Councilmembers’ questions. Mayor Roberson opened public comments. Nina Beety asked if equipment or wireless infrastructure would be involved, and City Manager Uslar confirmed that the purchase was for existing equipment and its maintenance and service. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-099 C.S. to Authorize Purchase of Cisco SMARTNet Technical Support Services for $52,692.81: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 13. Award a Contract in the Amount of $71,665 for the Purchase of Play Equipment at Dennis the Menace Park to Miracle Playsystems, Inc. ***NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Public Works - 405-04) Action: Adopted Resolution No. 19-100 C.S. 14. Amend Resolution 15-215 to Increase Room Rental Rates at the Monterey Conference Center Effective July 1, 2019 by 3% to 5% Annually (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 902-02) Action: Adopted Resolution No. 19-101 C.S. 15. Establish the 2019-20 Appropriation Limit as per CA Constitution Article XIII B (Gann Initiative) (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. 19-102 C.S. 4  City Council Minutes Tuesday, June 18, 2019 16. Authorize Amendment to Construction Contract with Monterey Peninsula Engineering for the Waterfront Parking Lot Improvements Project to Increase the Construction Contingency Amount from $362,671to $557,671, and Approve Supplemental Appropriation of $78,000 from the Tidelands Trust Fund, $39,000 from the Marina Fund, and $78,000 from the Parking Fund ***CIP*** (Exempt from CEQA Requirements per Article 19, Sections 15302 and 15304, Class 2 and 4 Exemptions) (Public Works - 701-13) Action: Adopted Resolution No. 19-103 C.S. 17. 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) (Public Works - 704-05) Action: Adopted Resolution No. 19-104 C.S. 18. Authorize Purchase of 10 Hewlett Packard Servers for $228,114.58 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Information Resources - 105-03) (Information Resources - 105-03) Action: Adopted Resolution No. 19-105 C.S. 19. Set a July 16, 2019 Public Hearing Date to Vacate a Portion of Church Street (Exempt from CEQA Article 19, Section 15305 Class 5) (Public Works - 803-02) Action: Adopted Resolution No. 19-106 C.S. 20. Extend the Current Locals Parking Program in the Cannery Row Garage Through June 30, 2020 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 19-107 C.S. 21. Extend the Current Locals Parking Program in the Waterfront Attendant Lot Through June 30, 2020 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Community Services - 901-06) Action: Adopted Resolution No. 19-108 C.S. 22. Deappropriate CIP Funds Totaling $1,268,431.45 from Current Projects to the Parking Fund Ending Balance (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 807-02) Action: Adopted Resolution No. 19-109 C.S. ***End of Consent Agenda*** Mayor Roberson asked the public if anyone was present to speak on the Joint Powers Financing Authority or Ocean View Community Services District items, and with no speakers present, stated that the Council would hear the items later in the meeting. Adjourn to Joint Powers Authority Meeting - Consent Agenda The City Council adjourned to the Joint Powers Financing Authority meeting at the end of the evening session. 23. Adopt the Joint Powers Financing Authority Budget for Fiscal Year 2019-20 AND 2020-21 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 406-03) Action: Adopted JPA Resolution No. 036 5  City Council Minutes Tuesday, June 18, 2019 The item was heard as the second to last item in the evening session. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Director Roberson, seconded by Director Albert, and carried by the following vote, the Board of Directors adopted JPA Resolution No. 036 to Adopt the Joint Powers Financing Authority Budget for Fiscal Year 2019-20 and 2020-21: AYES: 5 DIRECTORS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Adjourn to Ocean View Community Services District Meeting - Consent Agenda The Joint Powers Financing Authority adjourned to the Ocean View Community Services District meeting. 24. Adopt Ocean View Community Services District Budget for Fiscal year 2019-20 and Fiscal year 2020-21(Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 406-03) Action: Adopted Ocean View Community Services District Resolution No. 019____ The item was heard as the last item in the evening session. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Director Roberson, seconded by Director Albert, and carried by the following vote, the Board of Directors adopted CSD Resolution No. 019 to Adopt the Ocean View Community Services District Budget for Fiscal Year 2019-20 and 2020-21: AYES: 5 BOARD MEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 BOARD MEMBERS: None ABSENT: 0 BOARD MEMBERS: None ABSTAIN: 0 BOARD MEMBERS: None RECUSED: 0 BOARD MEMBERS: None Adjourn to City Council Meeting The Directors adjourned to the City Council meeting in the evening session. PUBLIC HEARING 25. Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Public Works - 701-13) Action: Adopted Resolutions No. 19-110, 19-111, and 19-112 C.S. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council Adopted Resolutions No. 19-110, 19-111, and 19-112 C.S. 6  City Council Minutes Tuesday, June 18, 2019 to Levy Assessments to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 26. First Reading - Rezone 359 Watson Street from R-3-6 to R-3-6-H-2 and Approve Application TM-18-0446 for Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Carole Erickson (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) (Public Works - 701-11) Action: Passed Ordinance to print; Adopted Resolution No. 19-113 C.S. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council passed the Ordinance to Print to Rezone 359 Watson Street from R-3-6 to R-3-6-H-2, and adopted Resolution No. 19-113 C.S. Approve Application TM-18- 0446 for Mills Act Contract and H-2 Historic Zoning; Applicant/Owner Carole Erickson: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 27. Amend Resolution 15-215 to Revise the Master Fee Schedule to Adjust Parks and Recreation Department Fees, Authorize Resident, Military and Senior Discounts, Authorize Scholarship Program, and Affirm Parks and Recreation Director Authority to Set Certain Fees (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Parks & Rec - 407-06) Action: Adopted Resolution No. 19-114 C.S. Interim Recreation and Community Services Manager Leon answered Councilmembers’ questions about cost recovery. The Council observed that circumstances have changed, and cited the minimum wage increase, cost of utilities, and other increases in costs. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-114 C.S. to Amend Resolution 15- 215 to Revise the Master Fee Schedule to Adjust Parks and Recreation Department Fees, Authorize Resident, Military and Senior Discounts, Authorize Scholarship Program, and Affirm Parks and Recreation Director Authority to Set Certain Fees: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7  City Council Minutes Tuesday, June 18, 2019 ***Adjourn to Closed Session*** The Council adjourned to closed session at 5:27 p.m. The Council reconvened at 7:07 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Doreet spoke about garbage on the beach. Lorna Moffat and Maria Bennett spoke about monarch butterflies and milkweed. With no further requests to speak, Mayor Roberson closed public comments. 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 HRA) (Human Resources - 507-01) Action: The City Council received a report and took no action PUBLIC APPEARANCE 28. Adopt the FY2019/21 Operating Biennial Budgets (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 406-02) Action: Adopted Resolution No. 19-115 C.S. as amended to adopt the budgets as otherwise proposed, but modifying the MCCVB allocation to $989,405; Asked hospitality partners to present a traffic reduction plan in October Finance Director Lai gave the staff presentation and, together with City Manager Uslar, answered Councilmembers’ questions and addressed the budget allocation for the Monterey County Conventions and Visitors Bureau (MCCVB). Mayor Roberson opened public comments. Tammy Blount-Canavan, MCCVB, and Wendy Brickman spoke in favor of a higher investment in the MCCVB. Kevin Dayton, Monterey Peninsula Chamber of Commerce, shared concerns about proposed cuts to the MCCVB investment. Rene Boskoff, Monterey Marriott, expressed concerns about raising Transient Occupancy Tax (TOT). With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the matter. In favor of the proposed budget, it was stated that the budget is fair and includes many items that can be considered promotion. It was stressed that the City will need to address projected future budget deficits. 8  City Council Minutes Tuesday, June 18, 2019 Concern was cited about the impact to the MCCVB if the proposed reduction in investment is made. A suggestion was made to ask the hospitality industry to work on an employee transportation plan by a certain date, perhaps October, which could include standards and expectations including transportation demand management. It was stated that the community is concerned about traffic around big events. Suggestions were made to annually determine the TOT collected and adjust the MCCVB investment, to fund MCCVB at the 4.6% rate, to come back in six months and negotiate again to close the budget gap, and to find a way of effectively executing a tourism plan with MCCVB partners and listen to the concerns of the community around impacts of over-tourism. Mayor Roberson introduced a motion to adopt the FY2019/21 Operating Biennial Budgets as presented. Councilmember Haffa introduced an substitute motion to adopt the FY2019/21 Operating Biennial Budgets, modified to allocate $989,405 to MCCVB, and to require the MCCVB and hospitality industry to bring a new employee traffic plan for the hospitality industry by the second Council meeting in October, and come back in Spring to present outcomes, which the Council would then take into account when looking at updating budget for second year. A concern was raised about the substitute motion’s impact on the MCCVB’s budget, staffing, and marketing efforts. It was stated that traffic improvements could be hard to quantify and that TOT may make a better measure. It was suggested to revisit the funding in October instead of the Spring, and the substitute motion was modified accordingly by the mover, and seconded by Councilmember Williamson. City Manager Uslar addressed the impact of the City’s investment on the MCCVB’s employee base, and noted that some hospitality businesses have traffic plans in place already. It was stated that investments in the MCCVB help to create the City’s main revenue source and that the City is expecting a 70% increase in bookings for the Monterey Conference Center. Councilmember Haffa summarized his substitute motion: for the City Council to adopt Resolution No. 19-115 C.S. to Adopt the FY2019/21 Operating Biennial Budgets as otherwise proposed, but modified to reflect MCCVB funding of $989,405, and ask hospitality partners to present a traffic reduction plan related to employees and/or tourism in October. The motion was seconded by Councilmember Williamson and carried by the following vote: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The Council recessed at 8:25 p.m. and reconvened at 8:41 p.m. 29. Adopt Recommended Capital Improvement Program (CIP) Projects for FY 2019/20 and FY 2020/21 (See Agenda Report for Project Specific Environmental Review) (Public Works - 406- 03) Action: Adopted Resolution No. 19-116 C.S. Mayor Roberson opened public comments, received none, and closed public comments. 9  City Council Minutes Tuesday, June 18, 2019 On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 19-116 C.S. to Adopt Recommended Capital Improvement Program (CIP) Projects for FY 2019/20 and FY 2020/21: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 30. Authorize $389,496 Appropriation from Fiscal Year 2020 CIP Budget to the 951 Del Monte Avenue Groundwater Remediation Capital Improvement Project, and Approve Amendment to Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination (Mitigated Negative Declaration Adopted) (Public Works - 704-05) Action: Adopted Resolution No. 19-117 C.S. Mayor Roberson opened public comments, received none, and closed public comments. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 19-117 C.S. to Authorize $389,496 Appropriation from Fiscal Year 2020 CIP Budget to the 951 Del Monte Avenue Groundwater Remediation Capital Improvement Project, and Approve Amendment to Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 31. Adopt Voluntary Rental Guidelines (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 101-01) Action: Adopted voluntary rental guidelines and directed staff to bring back with an assessment after six months Administrative Analyst Punkar gave the staff presentation and, together with City Manager Uslar, answered Councilmembers’ questions. The Council expressed an interest in receiving details about the activities of ECHO Housing in Monterey. It was commented that a committee could be considered by Council at another time. Mayor Roberson opened public comments. Jason Asmus spoke about the need for accountability and balance around rental housing. Doreet cited low wages and suggested a cap of 3% for annual rental increases. Jeff Perez spoke in support of a renter committee and suggested the guidelines be mandatory, not voluntary. Gari Soule shared details about renting from the perspective of the landlord. Karen O’Neal spoke in support of a rental review committee, the guidelines, and a complaint mechanism for tenants. Scott Dick shared an owner’s perspective about renting and stressed the importance of tenants knowing and exercising their rights. Kevin Dayton spoke about rent-related issues such as pets, BRAC, and keeping property ownership local. Esther Malkin cited the high cost of living and suggested the Consumer Price Index (CPI) instead of 10% for a cap on annual rental increases. With no further requests to speak, Mayor Roberson closed public comments. 10 City Council Minutes Tuesday, June 18, 2019 The Council discussed the proposed guidelines. It was commented that the purpose of the guidelines is to get property owners and managers to understand the problems with raising rents rapidly and continuously, and that the guidelines would be a good start and could be a way to put pressure on landlords, but can’t be the only way to support renters. It was stated that the associated “seal” would make an impact. On the subject of the 10% cap, it was stated that 10% is an acceptable starting point and is the maximum proposed rent increase, and that it is hoped that increases of that amount would not happen regularly. They spoke about the importance of trying to create a culture around appropriate rental policies and empowering renters to speak up. It was stated that the City Council needs to find a way to take care of the local workforce and community, and that people being forced to drive farther to work is creating an environmental impact. They thanked the participants in the meetings that led to the guidelines. The Council talked about realities such as the challenges of renting with pets, of tenants having fear of retaliation associated with speaking up about rental issues. Concerns cited included the voluntary guidelines not being likely to modify the behavior of bad landlords, and the possibility of creating a precedent for landlords to increase rent every year if they are limited by how much they may increase. Desired follow-up items included: the City working on a complaint button or mechanism in coordination with the Housing office; revisiting the voluntary guidelines in six months to see if they’re working, and if not, to consider a rental committee made up of renters and landlords or property owners; ensuring that the City is in conversation with the Department of Defense about the military’s Basic Allowance for Housing (BAH) and its effect on setting local rent costs higher than market; and for staff to determine how many properties in the City are vacant and what effect a vacant property tax would have. City Attorney Davi addressed a question posed about landlords’ legal requirements about carbon monoxide devices. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted the Voluntary Rental Guidelines and directed staff to bring back with an assessment after six months: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The Council adjourned to the Joint Powers Financing Authority and then the Ocean View Community Services District meeting to hear Items 23 and 24 from the afternoon session. COUNCIL COMMENTS Councilmember Williamson reported on a recent Monterey Amberjacks game and urged interested families to sponsor the team by letting a player stay in a room in their home. Councilmember Smith reported on the Association of Defense Communities forum in Washington, DC. He said that he attended a meeting of the Public Safety Committee of the League of California Cities, and received an overview on the Governor’s budget and upcoming legislation. He reported that on August 16 will be a movie night co-sponsored by the Casanova 11 City Council Minutes Tuesday, June 18, 2019 Oak Knoll Neighborhood Association, Monterey Fire, Monterey Parks and Recreation, and Cannery Row Rotary. He shared highlights of his recent vacation. Councilmember Albert reported on the Association of Defense Communities forum, where he said that Congressmembers indicated there will not be a BRAC for a long time. He reported that he attended La Merienda and praised the event. He praised the City Council for its efficiency in running meetings. Councilmember Haffa commented on the cruise ship forum and thanked staff who coordinated. He suggested that Council agendize a discussion about developing a cruise ship policy, in order to talk about how many cruise ships should visit and what criteria to consider, such as the cruise line’s environmental record. Mayor Roberson urged all to watch the video of the cruise ship forum to learn more. CITY MANAGER REPORTS City Manager Uslar reported on successes of the Monterey Recreation summer programs, the U.S. Open, and the cruise ship forum. He said that the July 2 Council meeting would be canceled and invited all to the City’s Independence Day festivities on July 4. He said that Monterey Fire firefighters were honored by the County for their assistance during the Camp Fire. ADJOURNMENT The City Council adjourned at 10:22 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 12