Council Regular Meeting

CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 3, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. 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 Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Property Manager, Principal Engineer, Administrative Analyst (Housing), Employee Relations Manager, Housing and Community Development Manager ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. David Ridley spoke about the needs of homeless people to eat and earn a living. Javier Rodriguez, Monterey High School, spoke in favor of an upcoming high school stadium lighting project. Duane Peterson, Villa Del Monte neighborhood, spoke about the need for restrooms along the recreational trail. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda, and received none. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council continued to 7 p.m. the CONSENT ITEMS 1, 2, and 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) Ordinances 1. 1st Reading - Ordinance Repealing and Replacing Sections 9-0.1, 9-0.2, and 9-92(a) of Chapter 9 and Sections 13-0.1, 13-0.3 of Chapter 13 of the Monterey City Code and Adopting the 2019 California Building Standards Code Including the 2019 California Building Code and Appendices H,I,J, 2019 California Historic Building Code, 2019 Existing Building Code, 2019 California Residential Code, 2019 California Plumbing Code, 2019 California Electrical Code, 2019 California Mechanical Code, 2019 California Green Building Standards Code Including Appendix G and I, 2019 California Fire Code, 2019 Energy Code and 2018 International Property Maintenance Code Except Sections 102.6 and 111 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Recommended for Continuance to Evening Session (7 p.m.) on September 3, 2019 Action: Continued to 7 p.m.; Passed to print  City Council Minutes September 3, 2019 2. 1st Reading – Amending Monterey City Code Section 32-3, Repealing Section 32-3.05 and Adding Sections 32-3.01 to 32.3-10 Related to the Regulation of Sidewalk Vendors and Amending Section 19-103(a) to Add a Sidewalk Vendor Permit Fee and Amend Resolution 15- 215 Establishing a Master Fee Schedule to Create a Fee for Sidewalk Vending (Exempt from CEQA Article 19, Section 15305, Class 5) -- Recommended for Continuance to Evening Session (7 p.m.) on September 3, 2019 Action: Received public comment; Continued to 7 p.m.; Pulled from Consent; Received further public comment; Discussed; Continued to October 15, 2019 Mayor Roberson opened public comments in the afternoon session so that those present could speak on the matter prior to the item being continued to the evening session. Vanessa spoke in favor of economic vitality, creative expression, and inclusivity, and shared a concern that bureaucratic processes can discourage participation. An unidentified woman asked for regulations that would allow vending alongside the recreational trail and at the fairground, and spoke about the need for licensing fees and penalties to be reasonable. Francis Benni asked for permission to vend in wider areas of the recreational trail. In the evening session, Community Development Director Cole gave the staff report and, together with City Attorney Davi and Police Chief Hober, answered Councilmembers' questions. The Council discussed the concerns and questions raised by the public comments made in the afternoon session. It was suggested that the regulation provide for a sidewalk width no narrrower than that required for access by Americans with Disabilities Act. It was commented by Council that the City should find a way to allow vending near the Wharf. On question, Police Chief Hober said that background checks of sidewalk vendors could be limited to those convicted of crimes of violence or sex offender registrants. Mayor Roberson opened public comments. Elliot Singleton spoke in favor of the sense of community that she said street vendors bring, and about the needs of immigrants to earn livelihoods. The Council discussed the matter. Concern was raised about distracting signs, and if permits will be pulled if the vendor is a repeat offender. It was requested that staff investigate how sidewalk vending can be limited by use and zone. Concerns were raised about public safety fees being applied to sidewalk vendors and not other businesses, about sidewalk vending adjacent to outdoor seating on Alvarado Street, and about vendors selling from the street to customers in vehicles. It was suggested to look at areas of the recreational trail that could be more appropriate locations for the City to allow vending. In contrast, it was suggested that vending along the recreational trail could block visibility for people sitting on benches and enjoying the view. It was requested that members of the public contact Council regarding specific areas of the ordinance that may be of concern. The preference was stated for a sidewalk width of 36 inches instead of 48 inches. It was stated that competition is beneficial and that sidewalk vending will make Monterey a more desirable location. It was stated that not allowing job opportunities like sidewalk vending will encourage more panhandling. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, the City Council continued the matter to October 15, 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) 2  City Council Minutes September 3, 2019 3. 1st Reading Ordinance Relating to Electronic and Paperless Filing of Fair Political Practices Commission Campaign Finance Disclosure Statements (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) -- Recommended for Continuance to Evening Session (7 p.m.) on September 3, 2019 Action: Continued to 7 p.m.; Pulled from Consent; Discussed; Passed to print, as amended to reflect an opt-out program instead of opt-in In the evening session, Acting City Clerk Klein gave the staff presentation and answered Councilmembers' questions. The Council discussed the matter. It was suggested that the program could be mandated with an opt-out option instead of opt-in. It was stated that opt-in is seen by users as optional but if the goal is efficiency and e-filing is the standard, then making the program opt-out will motivate filers to file electronically. Mayor Roberson opened public comments and received none. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed to print the first reading ordinance, amended to change the program from opt-in to opt-out: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened public comments on the closed session, and received none. City Attorney Davi stated that closed session items 2 and 7 would be heard at the end of the evening session after appointment of negotiators. The Council adjourned to closed session at 4:25 p.m. The Council recessed at 5:37 p.m. and reconvened at 7:02 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. Marta Kraftzeck and Leslie McDaniel shared concerns about environmental, noise, and parking impacts that they said could result from a proposed Monterey High School stadium improvement and lighting project. Nina Beety shared concerns about noticing relating to an upcoming Wireless Subcommittee meeting, and shared information about upcoming developments relating to electromagnetic sensitivity. Undine Lauer, citing no negative impacts experienced from living next to stadium lights and noise, spoke in support of the proposed Monterey High School stadium project. Michael Adamson shared concerns about parking impacts associated with the proposed stadium improvements. Pat Venza, Monterey Vista Neighborhood Association, and Susan Nine shared neighbors' concerns about the proposed stadium renovation and spoke in support of an environmental impact report (EIR). 3  City Council Minutes September 3, 2019 P. K. Diffenbaugh, Monterey Peninsula Unified School District, addressed concerns raised about the proposed MHS stadium improvement project. Steve Pondick spoke in favor of an EIR for the MHS stadium and, together with neighbor Sharon Gota, played a video about Claremont High School's stadium. CONSENT ITEMS City Attorney Davi stated that staff recommendation was to table Item 8 at the request of the property owner. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS (afternoon and evening), excepting Items 2 and 3, and tabling Item 8: 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 4. August 20, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 5. 2nd 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: Adopted Ordinance No. 3598 C.S. 6. 2nd 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: Adopted Ordinance No. 3599 C.S. Resolutions 7. Authorize City Manager to Execute an Amended Memorandum of Understanding (MOU) for Integrated Regional Water Management (IRWM) in the Monterey Peninsula, Carmel Bay, and South Monterey Bay Region (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-144 C.S. Other 8. Reject Irrevocable Offer of Dedication of Parcel C (1.350 Acres) For Public Park Purposes in the Montsalas Development (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled 4  City Council Minutes September 3, 2019 9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Laguna Grande Park (Assessor Parcel Number 011-371-019); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Peninsula Regional Park District; Under Negotiation: Terms and Conditions for Acquisition of Property (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 10. Adopt a Resolution Establishing Compensation and Benefits Package for 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: Heard separately from Consent; Adopted Resolution No. 19-145 C.S. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, the City Council approved the resolution Establishing Compensation and Benefits Package for Unrepresented Executive Management Employees and Unrepresented Confidential Employees: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) At the advice of City Attorney Davi, City Manager Uslar gave a brief presentation on the compensation, salary, and benefits proposed in the draft resolution. Mayor Roberson opened public comments and received none. The Council ratified their prior vote with the following vote. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-145 C.S. Establishing Compensation and Benefits Package for Unrepresented Executive Management Employees and Unrepresented Confidential Employees: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Appoint Councilmember Albert as Alternate to the Laguna Grande Regional Park Joint Powers Agency (JPA) and Update the List of “Appointments to Outside Agencies" (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed Councilmember Albert as the Alternate to the Laguna Grande Regional Park Joint Powers Agency (JPA) and directed staff to update the list of “Appointments to Outside Agencies” to reflect staff changes outlined in the agenda report attachment 12. Appoint Mayor Roberson as Agency Negotiator for Unrepresented City Manager (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed negotiator Mayor Roberson *** End of Consent Agenda *** 5  City Council Minutes September 3, 2019 The Council heard Item 2 and then recessed at 8:22 p.m. The Council reconvened at 8:41 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Old Capitol Site; Generally Located South of Highway 1 Near Viejo, Sylvan, Barnet Segal and Iris Canyon Roads (Assessor Parcel Numbers 001-761-035, 001- 771-043 and 001-761-051); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Pebble Beach Company; Under Negotiation: Terms and Conditions for Acceptance of Dedication of Property (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 property negotiators cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 48 Fisherman's Wharf (Wharf 1, Concessions 22-23); Agency Negotiators: Kimberly Cole and Hans Uslar; Negotiating Parties: Chris Arcoleo, Chris' Fishing Trips; Under Negotiation: Terms and Conditions for Extension of 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 property negotiators cs4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 48 Fisherman's Wharf (Wharf 1, Concession 30); Agency Negotiators: Kimberly Cole and Hans Uslar; Negotiating Parties: Chris Arcoleo; Under Negotiation: Terms and Conditions for Extension of 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 property negotiators She said that the remaining closed session items would be heard in the evening session. Item 3 was heard following the reports from closed session. PUBLIC APPEARANCE 13. Receive Report on Site Analysis of City Owned Properties for Potential Affordable Housing Project - Continued from August 20, 2019 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report; Directed staff to further analyze the potential for affordable housing at the Figueroa, Calle Principal, Adams Street, and Dutra sites, and provide an initial update in three months Mayor Roberson gave a short report recounting the presentation given at the meeting of August 20, 2019. Mayor Roberson opened public comments. Mike Avila, Avila Construction, expressed interest in discussions about affordable housing sites. Dan Silverie, Silverie Partners, said that bond funding and tax credits for affordable housing are available through the State, and encouraged Council to issue a request for proposal (RFP) as soon as possible. 6 City Council Minutes September 3, 2019 The Council discussed the matter. It was suggested that the Council could identify all sites that the City would be open to developing, issue an RFP, and let the proposals answer some of Council's questions. An alternate suggestion was that Council could identify the sites they don't want to develop, which were stated to be the two American Legion sites. Concerns were raised about the Adams Street site with respect to the statement that its parking is needed in the neighborhood, and about the Dutra Street site due to potential future City Hall campus needs. City Manager Uslar said that some more homework is needed before an RFP should be issued, for instance to study water and other factors, which he said would take about five months. He suggested that Council rank the sites that they consider acceptable for development. He said that the RFP will need to include direction on what affordable housing is desired by the City. The desire was shared by Council to prioritize sites in order to allow staff to move quickly. City Manager Uslar suggested that staff report back on the Figueroa, Calle Principal, Adams Street, and Dutra sites and come back to Council timely with a realistic vision of what can be implemented. Council asked to learn from staff how many units and of what types could be supported at the sites, what would happen to sites’ existing use (i.e. harbor storage, or parking) if developed for housing, the potential for creative rezoning, and about anticipated phases for construction and timelines for move-in. It was stated that if the City is giving water and land, then the housing should be 100% affordable. It was stated that a City goal is to encourage home ownership. The Council requested a first update from staff in about three months. COUNCIL COMMENTS None were made in the interest of time. CITY MANAGER REPORTS City Manager Uslar announced that September is National Library Card Sign-up Month. ADJOURN TO CLOSED SESSION Mayor Roberson opened public comments on the remaining items on the closed session agenda. Stephen Cry thanked the Council for taking a look at Laguna Grande Park issues. The Council adjourned to closed session at 9:28 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: Laguna Grande Park (Assessor Parcel Number 011-371-019); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Peninsula Regional Park District; Under Negotiation: Terms and Conditions for Acceptance of Property (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 City Council gave confidential direction to their property negotiators with direction to staff to convene the JPA cs5. 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 7  City Council Minutes September 3, 2019 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 the following roll call votes, the Council gave confidential direction to their labor negotiators: Monterey Police Association (MPA) – unanimous; Monterey Fire Fighters’ Association (MFFA) – unanimous; Unrepresented Regular Part-time Employees – Unanimous; Part-time Temporary Seasonal Employees – 4-1, with Mayor Roberson voting no cs6. 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 cs7. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 - Unrepresented Employee: 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 11:10 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8