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Council Regular Meeting

Regular Meeting

Monterey, CA · August 6, 2019

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Minutes

CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 6, 2019 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Albert, Smith, Williamson, Roberson Absent: Haffa City Staff City Manager, Assistant City Manager, Community Development Present: Director, Public Works Director, Police Chief, Finance Director, Human Resources Director, Acting Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Property Manager, Principal Engineer, Parks Operations Manager, Conference Center General Manager, Associate Planner, Assistant City Attorney, Employee Relations Manager, Sustainability Coordinator, Special Events Coordinator, Senior Administrative Analyst, Director of Sales and Events, Assistant Fire Chief ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Monterey 250 Celebration Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Special Events Coordinator Page gave the staff presentation on the upcoming Monterey 250 celebration. On question, he said that awareness and fundraising are the greatest needs for the planning committee. It was suggested by Council to incorporate local youth in the celebration. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Jim Cullem, Skyline Forest Neighborhood Association, citing fire risk, spoke about the need for greater forest management. David Ridley spoke in favor of fair rules for the homeless community and expressed interest in operating a pedicab. Michele Cry thanked the City for its participation in a recent visit to the Laguna Grande Park encampment and spoke about safety needs in the area. Nina Beety spoke about fire risk that she said is associated with SMART meters. CONSENT ITEMS Mayor Roberson opened public comments and received none. City Council Minutes August 6, 2019 On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. July 16, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved (4-0-1, Councilmember Haffa absent) 3. July 31, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved (4-0-1, Councilmember Haffa absent) Award of Construction Contracts 4. Award a Construction Contract in the Amount of $192,708 to Maximum Visibility, Inc. for the Wayfinding Sign Fabrication and Installation, Phase I Project (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 and Section 15303, Class 3) ***CIP*** Action: Adopted Resolution No. 19-136 C.S. (4-0-1, Councilmember Haffa absent) Ordinances 5. 2nd Reading - Amending Monterey City Code Section 19-103(a) "Schedule of Fees and Service Charges” to Include Pedicab Permit Application Review (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3596 C.S. (4-0-1, Councilmember Haffa absent) 6. 2nd Reading - Amending Monterey City Code Chapter 36 to Establish Pedicab Regulations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3597 C.S. (4-0-1, Councilmember Haffa absent) Resolutions 7. Endorse U.S. Bicycle Route 95 through the City of Monterey (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-137 C.S. (4-0-1, Councilmember Haffa absent) 8. Amend Resolution 19-115 Changing the Position Control List by Adding One Laborer Position in the Park Maintenance Division (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-138 C.S. (4-0-1, Councilmember Haffa absent) 2 City Council Minutes August 6, 2019 9. De-appropriate $379,901.21 of NIP Funds from Completed Projects to the NIP Contingency Account and Appropriate $189.97 from NIP Contingency Account to the Old Town Franklin/High Street Crosswalk Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-139 C.S. (4-0-1, Councilmember Haffa absent) 10. Authorize the Finance Director to Appropriate $2,448,681.08 for Unscheduled Maintenance Project Budgets under the Presidio Municipal Services Agency Intergovernmental Support Agreement and Appropriate Additional Project Budgets, not exceeding $350,000 individually, through June 30, 2020 ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 19-140 C.S. (4-0-1, Councilmember Haffa absent) 11. Adopt a Memorandum of Understanding with the Management Employees’ Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-141 C.S. (4-0-1, Councilmember Haffa absent) 12. Adopt a Memorandum of Understanding with the Monterey Fire Chief Officers’ Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5,Section 15061) Action: Adopted Resolution No. 19-142 C.S. (4-0-1, Councilmember Haffa absent) 13. Adopt a Memorandum of Understanding with the Police Lieutenants’ Management Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-143 C.S. (4-0-1, Councilmember Haffa absent) Other 14. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting S.2012 – Restoring Local Control Over Public Infrastructure Act of 2019 and H.R.530 - Accelerating Broadband Development by Empowering Local Communities Act of 2019 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized signing the letter (4-0-1, Councilmember Haffa absent) *** End of Consent Agenda *** COUNCIL COMMENTS Councilmember Albert spoke about a recent site visit to the Laguna Grande Park encampment and associated fire risks. He said he looks forward to an upcoming staff report and discussion on the subject. Councilmember Smith said that he also visited the Laguna Grande Park encampment and finds it to be a health and safety concern and looks forward to learning about possible solutions. He urged donations to the Monterey 250 celebration and suggested that the Police Department could wear an alternate badge as part of the event. He said he agrees that it is time to look at the City's tree ordinance. He reported on recent and upcoming Transportation Authority of Monterey County meetings and said he would attend the Fort Ord Reuse Authority meeting as an alternate on August 9, 2019. 3 City Council Minutes August 6, 2019 Councilmember Williamson suggested that Council develop a policy against printing paper copies of Council packets. He suggested that Council could use reusable cups instead of disposable cups. He asked that Council plan to do a performance review of City Manager Uslar in an upcoming Council meeting and asked the community to share its feedback. Mayor Roberson spoke about recent visits with Japanese school groups and The Park Lane senior living community. He said that he enjoyed attending the Coast Guard's birthday celebration and the City's Public Safety Night. CITY MANAGER REPORTS City Manager Uslar reported on upcoming Car Week events and the associated webpage linked from monterey.org. *** Adjourn to Closed Session (See additional agenda) *** ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Conference with Legal Counsel, Deciding Whether to Initiate Litigation Pursuant to Government Code Section 54956.9(d)(4)(One Case)(Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll call vote of 4-0-1, with Councilmember Haffa absent, the City Council gave confidential direction to its legal counsel ADJOURNMENT The Council adjourned at 4:56 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 4

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, August 6, 2019 Tyller Williamson, Councilmember 4:00 TO 6:00 PM City Manager Council Chamber Hans Uslar 580 Pacific Street Monterey, California ***Afternoon Session Agenda *** 4:00 - 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Monterey 250 Celebration Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 2. July 16, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3. July 31, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 8/6/2019 4:00:00 PM Award of Construction Contracts 4. Award a Construction Contract in the Amount of $192,708 to Maximum Visibility, Inc. for the Wayfinding Sign Fabrication and Installation, Phase I Project (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 and Section 15303, Class 3) ***CIP*** Ordinances ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council. 5. 2nd Reading - Amending Monterey City Code Section 19-103(a) "Schedule of Fees and Service Charges” to Include Pedicab Permit Application Review (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 6. 2nd Reading - Amending Monterey City Code Chapter 36 to Establish Pedicab Regulations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 7. Endorse U.S. Bicycle Route 95 through the City of Monterey (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 8. Amend Resolution 19-115 Changing the Position Control List by Adding One Laborer Position in the Park Maintenance Division (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 9. De-appropriate $379,901.21 of NIP Funds from Completed Projects to the NIP Contingency Account and Appropriate $189.97 from NIP Contingency Account to the Old Town Franklin/High Street Crosswalk Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 10. Authorize the Finance Director to Appropriate $2,448,681.08 for Unscheduled Maintenance Project Budgets under the Presidio Municipal Services Agency Intergovernmental Support Agreement and Appropriate Additional Project Budgets, not exceeding $350,000 individually, through June 30, 2020 ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) 11. Adopt a Memorandum of Understanding with the Management Employees’ Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2 8/6/2019 4:00:00 PM 12. Adopt a Memorandum of Understanding with the Monterey Fire Chief Officers’ Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5,Section 15061) 13. Adopt a Memorandum of Understanding with the Police Lieutenants’ Management Association and Authorize an Appropriation of Funds (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Other 14. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting S.2012 – Restoring Local Control Over Public Infrastructure Act of 2019 and H.R.530 - Accelerating Broadband Development by Empowering Local Communities Act of 2019 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) *** End of Consent Agenda *** COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. *** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours. Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. 3 8/6/2019 4:00:00 PM City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 4

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