Council Regular Meeting

CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 20, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, Finance Director, Human Resources Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Interim Recreation and Community Services Manager, Property Manager, Principal Engineer, Administrative Analyst (Housing), Parks Operations Manager, Employee Relations Manager, Sustainability Coordinator, Housing and Community Development Manager, Harbormaster, Parks Supervisor ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters and received none. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Items and received none. City Manager Uslar answered Councilmembers' questions. It was requested by Council to have the waste hauling contract come back to Council in about six months with a presentation on market conditions and trends in recycling. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS, except Item 3: 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 1. August 6, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved  City Council Minutes August 20, 2019 Ordinances 2. 1st Reading – Amending Ordinance No. 3577 C.S. to Approve One Year Extension of the Waste Hauling Franchise Agreement with Monterey City Disposal Service (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed to print 3. 1st Reading of an Ordinance Related to the Powers, Terms, and Duties of Boards, Commissions, and Committees and Revisions to Chapter 2, Administration (Not a Project Under CEQA per Article 20, Section 15378(b)(5)) Action: Pulled from Consent; Discussed; Passed to print as amended, but with honorary life members reinstated and with gendered pronouns made to be non-gendered City Attorney Davi gave the staff presentation explaining the draft ordinance and proposed edits, and answered Councilmembers' questions with input from City Manager Uslar, Dir. of Information Resources/City Clerk Gawf, and Acting City Clerk Klein. Mayor Roberson opened public comments. Rick Heuer, NIP Spokesperson, said that the committee requests not to have a chair, and asked Council to allow the Measure P and S Committee to have members with overlapping memberships on multiple boards. The Council discussed the matter. It was suggested that a policy be developed about the circumstances under which an NIP neighborhood would be merged with another. It was suggested to remove gendered pronouns from the City Code. It was commented that it seems harmless to have an honorary life member who provides value to a committee. It was commented that it is important for committees to have chairs. The merits of two-year terms versus four-year terms were discussed. On question, City Attorney Davi shared the current staff practice for providing commissioners with robust training. Mayor Roberson introduced a motion, which was seconded by Councilmember Albert, to pass to print the 1st Reading of an Ordinance Related to the Powers, Terms, and Duties of Boards, Commissions, and Committees, with amendments as presented but with honorary life members reinstated. A friendly amendment was suggested by Councilmember Williamson to make the gendered pronouns in the proposed ordinance non-gendered, and the mover and seconder agreed. The amended motion 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) Other 4. Designate Voting Delegate for 2019 League of California Cities Annual Conference - October 16-18, 2019 in Long Beach, CA (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Councilmember Albert as the voting delegate for 2019 2  City Council Minutes August 20, 2019 5. Approve City’s Response to the 2018-2019 Monterey County Civil Grand Jury Final Reports – “A Review of the City of Monterey’s Neighborhood Improvement Program” and “Rape Kit Processing in Monterey County” (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor and City Manager to sign the response letter 6. Authorize the Mayor to Sign a Letter on Behalf of the City Council Opposing SB 266 (Leyva) Public Employees’ Retirement System: Disallowed Compensation (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor to sign the letter 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Lou Lou’s Griddle in the Middle, Municipal Wharf No. 2; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Allecia Garrett and Grace Davis; Under Negotiation: Terms and Conditions for Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Kimberly Cole and Janna Aldrete *** End of Consent Agenda *** PUBLIC APPEARANCE 8. Receive Report on Site Analysis of City Owned Properties for Potential Affordable Housing Project (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report; Discussed; Continued to September 3, 2019 (4-1, Councilmember Williamson voting no) Housing Analyst Grant Leonard gave the staff presentation and answered Councilmembers' questions together with Community Development Director Cole and City Manager Uslar. It was commented by Council that criteria for using City property should include how dense an area can be without impacting quality of life. Mayor Roberson opened public comments. Gene Snuggs, Silcon Constructors, said that Dan Silverie is hoping to work with the City on the Calle Principal site. Kevin Dayton, Monterey Peninsula Chamber of Commerce, spoke in favor of supporting affordable housing and suggested coordinating with the school district and issuing an RFP. Gary Cursio, Monterey County Hospitality Association, affirmed that the hospitality industry is in favor of workforce and affordable housing and urged the City to continue to look at its properties for the purpose. Esther Malkin urged Council to ensure that all projects would be 100% affordable and spoke in favor of the Calle Principal location. The Council discussed the matter. It was suggested to direct staff to issue an RFP for all of the listed properties, except for the American Legion Post site. It was commented that removing the American Legion Post site might not be necessary as an RFP could come up with a creative solution that makes sense. It was commented that an RFP could be an opportunity to be bold and let developers propose projects that may be outside of current zoning restrictions. An alternate opinion was given that it would be beneficial to dedicate more research and time to the issue prior to issuing an RFP, and to first receive results from the City's Fort Ord site RFP. Comments were made in favor of developing the Calle Principal site for housing purposes. It was commented that the Dutra site (Madison Street offices) is a priority due to its current state. 3  City Council Minutes August 20, 2019 It was stated that any City-owned housing projects would be 100% affordable and promoting affordable home ownership is the goal. Mayor Roberson said that the Council's discussion and direction to staff would be continued to the 7:00 p.m. evening session. The Council took the matter up again in the evening session and made the following motion. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued to September 3, 2019 the Site Analysis of City Owned Properties: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:32 p.m. RECONVENE The Council reconvened at 7:07 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Luis Osorio shared concerns about the state of a pond near the La Mirada art museum and about the potential negative environmental impact of the new Wharf parking lot, and commented positively on City Manager Uslar's performance. Emily Hickok, Kristina Stillwell on her own behalf and on behalf of Julianna Lindsey, Will Khamarami, Evan George, and Betsy Coutrer shared concerns about the Kindercare daycare contract ending at the Presidio. Kim Smith echoed concerns about the Kindercare daycare contract ending and asked for affordability and facility improvements to be factors in finding a new contract. Esther Malkin requested that more Council items be heard during evening sessions, and asked for lighting at the Laguna Grande Park parking lot. Scott Dick, Monterey County Association of Realtors, thanked Councilmember Williamson for shadowing him at a recent courthouse mediation session, and updated Council on lawsuits relating to alleged fraud relating to PACE loan financing. PUBLIC APPEARANCE 9. Laguna Grande Regional Park – Public Safety Update (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report 4 City Council Minutes August 20, 2019 Police Chief Hober and Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. On question, Community Development Director Cole said that the Council could activate the existing Joint Powers Agency (JPA) and could direct staff to work on an enhanced maintenance schedule. The Council recessed at 8:11 p.m. and reconvened at 8:28 p.m. Mayor Roberson opened public comments. Roy Pina, Laguna Grande Court resident, thanked Council for hearing concerns and responding. Kala Fossum, Villa Del Monte Neighborhood Association, urged Council to activate the JPA. Esther Malkin, Laguna Grande neighborhood resident, urged the Council to support the Police and Parks Departments with greater funding. Katrina Hintze, complimented Monterey Police and spoke about the complicated issues relating to homelessness and policing. Stephen Cry, Laguna Grande neighborhood resident, stated that the Master Plan language prohibits action to improve the park and urged Council to update the Plan. Scott Hanson, Del Monte Grove Laguna Grande Neighborhood Association, thanked the City for its attention to the park and spoke in favor of maintenance and public safety access paths. Shawn Laroe, Laguna Grande Court resident, expressed concern about City of Seaside's responsiveness and urged Council to activate the JPA and hold Seaside accountable. Bob Faulis spoke about how to respond to the homeless issue and help homeless individuals. Kathie Buaya urged Council to engage other stakeholders and JPA members besides the Cities of Monterey and Seaside. The Council discussed the matter. It was commented that it is important to consider where homeless people can go, invest in better quality services, and recognize homeless individuals' humanity. It was requested that staff share strategies that can provide longterm solutions. It was stressed that the City should work to find funding and focus on the JPA to ensure that the park has an ongoing system of maintenance and use. It was stressed that the City should continue to work with the City of Seaside and the Monterey Peninsula Regional Park District and use the agencies' resources. It was commented that lighting in the parking lot could help with park safety. It was suggested to adopt a MOU between the City of Monterey and City of Seaside Police Departments. It was commented that the FORTAG trail system, funded through Measure X, could be a future factor affecting Laguna Grande Park. COUNCIL COMMENTS Councilmember Haffa asked to have a conversation about any viable options for increasing gun safety. Councilmember Albert thanked the Cannery Row Rotary Club and Monterey Fire for the recent movie night, and praised the Finance Department for its open house. He asked for an update on the Kindercare issue at the Presidio. He asked for conversation about campaign finance reform. He thanked the Police Department for keeping Monterey safe during car week. Councilmember Williamson spoke about recent pedestrian traffic incidents and said that the unfortunate coincidence of two such bad accidents reminded us all to be safe. Councilmember Smith praised the Parks and Recreation Department for their assistance with the recent movie night. He reported on recent AMBAG and Sanctuary Advisory Council meetings. He praised City public safety staff for their fine work in response to the recent traffic accidents. 5 City Council Minutes August 20, 2019 CITY MANAGER REPORTS City Manager Uslar praised Monterey Police Department's response to the car events during the last weekend. *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened public comments on the closed session and received none. The Council adjourned to closed session at 9:26 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: 1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck, Nat Rojanasathira, Gina Russo; Employee Organization: General Employees of Monterey (GEM), Monterey Police Association (MPA), Monterey Fire Fighters’ Association (MFFA), and Unrepresented Regular Part-time and Part-time Temporary Seasonal Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to their labor negotiators 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiator: Hans Uslar; Employee Organizations: Unrepresented Executive Management Employees and Unrepresented Confidential Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to their labor negotiator 3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse (approximately 2,560 square feet) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Brian Foster and Cora Campbell (Royal Seafoods, LLC) Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to their real property negotiators 4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Lou Lou’s Griddle in the Middle, Municipal Wharf No. 2 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Allecia Garrett and Grace Davis Under Negotiation: Terms and Conditions for Lease Assignment (Not a Project Under CEQA per Article 20, Section 15378 and Under General rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to their real property negotiators 6  City Council Minutes August 20, 2019 5. City Attorney Litigation Report, Conference with Legal Counsel A. Existing Litigation Pursuant to Government Code section 54956.9(d)(1): (1) Burlingame Investments, LLC v. City of Monterey (Monterey County Superior Court Case No 19CV002850) (2) Custom House, LP (Portola Hotel) v. City of Monterey (Monterey County Superior Court Case No. 19CV001743) (3) Johns v. City of Monterey (Monterey County Superior Court Case No. 17CV003120) (4) Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527) (5) Stronghold Engineering v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015) (6) Turn Down the Lights v. City of Monterey (Monterey County Superior Court Case No. M116731) (7) In re: Pedro Becerra Marquez (Workers' Compensation Appeals Board and Division of Occupational Safety and Health matters) (8) City vs. State Water Resources Control Board (In re: Central Coast Regional Water Quality Control Board Notice of Violation and Enforcement Order Issued June 21, 2019) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On the case of Morgan v. City of Monterey, on a unanimous roll call vote, the Council gave confidential direction to their legal counsel; On the case of Turn Down the Lights v. City of Monterey, the Council received a report; The other cases were not heard in the interest of time 6. Public Employee Performance Evaluation Title: City Manager (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Not heard in the interest of time ADJOURNMENT The Council adjourned at 10:54 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7