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Council Regular Meeting

Regular Meeting

Monterey, CA · September 17, 2019

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 17, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Haffa, Williamson, Roberson Absent: Councilmember Smith City Staff City Manager, City Attorney, Assistant City Manager, Assistant Finance Present: Director, Interim Parks and Recreation Director, Community Development Director, Public Works Director, Police Chief, Fire Chief, Assistant Fire Chief, Housing and Community Development Manager, Housing Analyst, Deputy Human Resources Manager, Deputy City Attorney, Harbor Master, Recording Secretary ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. He commented on the visit from Monterey High School staff and students the previous week to talk about government processes. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Awards presented. Mayor Roberson presented awards to Airman 1st Class Skye Kriger, US Air Force; Sergeant Alexander Zamorano, US Marine Corps; and Petty Officer First Class Nicholas Sauvan, US Navy. Airman 1st Class Kriger gave a presentation in Mandarin Chinese. Sgt. Zamorano and Petty Officer 1st Class Sauvan both gave presentations in standard Arabic. PUBLIC COMMENTS Mayor Roberson opened the floor for public comment. Chris Cook, Director of Operations for California American Water, gave an update on the Monterey Pipeline and Pump Station Construction project and noted that construction has begun on the CalAm Desalinization project. David Ridley spoke in opposition to rules limiting sidewalk use, and also about homeless issues. Monterey Police Chief David Hober presented information on the SMART gun safety program, regarding securing guns in homes and vehicles, and recognizing the role of guns in suicides. There being no further persons wishing to speak, Mayor Roberson closed the floor to public comment. City Council Minutes September 17, 2019 CONSENT ITEMS In response to questions from Council, City Manager Uslar made clarifications regarding the consent agenda, relative to the amendment to item 10 presented on the dais, and updated the Council on the ECHO Housing schedule. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the consent agenda: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. August 28, 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 Smith absent) 3. September 3, 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 Smith absent) Ordinances 4. 2nd 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) Action: Adopted Ordinance No. 3600 C.S. (4-0-1, Councilmember Smith absent) 5. 2nd 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) Action: Adopted Ordinance No. 3601 C.S. (4-0-1, Councilmember Smith absent) Resolutions 6. 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 $75,000 (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 19-146 C.S. (4-0-1, Councilmember Smith absent) 2 City Council Minutes September 17, 2019 7. Authorize the City Manager to Execute a Contract with TIBA Parking Systems, LLC for the Purchase, Installation, and Maintenance of Parking Access and Revenue Control Systems (PARCS) for Off Street Parking Facilities in the Amount of $1,716,702 (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 19-147 C.S. (4-0-1, Councilmember Smith absent) 8. Authorize Purchase from Municipal Emergency Services, Inc., for $54,797 and Award Contract for Fire Department Turnouts (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-148 C.S. (4-0-1, Councilmember Smith absent) 9. Appropriate $633,515 from the Office of Economic Adjustment Compatible Use Grant Program to Prepare a Compatible Land Use Plan; and, Authorize the City Manager to Execute Grant Agreement with the Office of Economic Adjustment (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-149 C.S. (4-0-1, Councilmember Smith absent) 10. Accept 2018 Assistance to Firefighters Grant, Authorize FY19/20 General Fund Budget Amendments to Increase Revenues by $72,807 and Appropriations by $72,807, Authorize a "Piggyback" Purchase from Bauer Compressors, Incorporated, for One Air Compressor/Cascade/Fill Station, and Authorize the City Manager to Enter into an Agreement to Share Its Use with the City of Pacific Grove and Pacific Grove Hyperbaric Chamber (Not a Project under CEQA Article 20, Section 15378 and under General rule Article 5, Section 15061) Action: Adopted Resolution No. 19-150 C.S. as amended (4-0-1, Councilmember Smith absent) 11. Authorize City Manager to Execute a License Agreement with Eden Council for Hope and Opportunity for Office Space at 353 Camino El Estero (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 19-151 C.S. (4-0-1, Councilmember Smith absent) 12. Appropriate $160,000 from the SB2 Planning Grant Program to Streamline Housing Approvals and Accelerate Housing Production; and, Authorize the City Manager to Execute Grant Agreement with the California State Office of Housing and Community Development (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-152 C.S. (4-0-1, Councilmember Smith absent) *** End of Consent Agenda *** PUBLIC HEARING 13. Adopt the Program Year 2018 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 19-153 C.S. (4-0-1, Councilmember Smith absent) Housing Analyst Grant Leonard presented the staff report, reviewed the CDBG program, and summarized the Consolidated Annual Performance and Evaluation Report (CAPER). Councilmember Haffa commented on the work of Community Human Services and Gathering for Women. 3 City Council Minutes September 17, 2019 Mayor Roberson opened the public hearing. There being no persons wishing to speak, Mayor Roberson closed the public hearing. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Resolution 19-153 C.S. approving the Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and authorizing submission to the U.S. Department of Housing and Urban Development: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened the floor to speakers on closed session items. Nina Beety requested more accountability regarding ADA accommodations relative to wireless and cell tower concerns. There being no other persons wishing to speak, Mayor Roberson closed the floor on closed session items. The Council adjourned to closed session at 4:49 p.m. The Council recessed at 5:29 p.m. and reconvened at 7:03 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge of Allegiance. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comment on non-agendized matters. Luis Ossorio spoke about climate change issues and the need for more trees. City Manager Uslar introduced Ivan Sentic and Romana Malohodzic, here from Monterey’s sister City of Dubrovnik, Croatia, on a professional exchange. There being no further persons wishing to speak, Mayor Roberson closed the floor to public comment. 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, Nat Rojanasathira, Gina Russo; Employee Organization: General Employees of Monterey (GEM), Monterey Police Association (MPA), Monterey Fire Fighters’ Association (MFFA) (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 Smith absent, the City Council gave confidential direction to its labor negotiators on two MPA items. No action was 4 City Council Minutes September 17, 2019 taken on the Monterey Fire Fighters’ Association or General Employees of Monterey items. cs2. 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: Continued to evening session. cs3. 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: Continued to evening session. PRESENTATIONS (EVE) 14. Presentation on Municipal Authority to Regulate Cruise Ships (Not a Project Subject to Approval Under CEQA, Pub. Resources Code, §§ 21065, 21080, subd. (a), 14 CCR §§ 15061, 15352, 15378) Action: Received presentation. Deputy City Attorney Donlon presented the staff report and responded to questions from Council, particularly noting the role of the City with regard to the regulation of cruise ships, federal regulations, and constraints relative to limiting cruise ships. Mayor Roberson invited public comment. There being no persons from the public wishing to speak, the Mayor invited staff to answer questions. Harbormaster Haynes answered questions regarding inspections of cruise ships. City Manager Uslar answered questions regarding discharge concerns and spill prevention. Harbormaster Haynes answered additional questions regarding spill response plans and resources. PUBLIC APPEARANCE (EVE) 15. Receive the 2019 Vulnerable Communities Needs Analysis (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 20, Section 15378). Action: Received presentation. City Manager Uslar and Housing Analyst Leonard provided opening comments and introduced Nicole West of Placeworks, who presented the Vulnerable Communities Needs Analysis. Staff responded to questions of the Council. In response to questions and comments from Council regarding housing vouchers, federal guidelines, water issues, and cost of living, Ms. West that a majority of the local homeless were previously locally housed, and that the local situation could be considered a state of emergency. Mayor Roberson opened the floor for public comment, but none was forthcoming and the Mayor closed the floor. The Council further commented on housing resources, models of other communities, grants, collaboration and outreach. 5 City Council Minutes September 17, 2019 COUNCIL COMMENTS Councilmember Albert said he attended the Chamber of Commerce leadership luncheon, where the top three issues discussed were housing, water, and homelessness, noting that we are all obligated to create housing. He said he recently toured Camp Roberts and was very impressed with staff. Councilmember Haffa expressed appreciation for Chief Hober’s presentation on the SMART gun safety program, and thanked the Police Department in general for addressing gun safety, especially in light of the recent local Gilroy shooting. He said he attended the celebration of the North Fremont Street project, noting his appreciation for the work done. He thanked staff for laying the groundwork for what he believes will be a rebirth of the North Fremont corridor, similar to that achieved in Monterey’s downtown area. Councilmember Williamson expressed appreciation to our visitors from Dubrovnik. He spoke about quarterly meetings hosted by the Naval Postgraduate School, where the recent conversation centered on cybersecurity. He spoke about the importance of collaboration regarding cybersecurity and IT efforts. CITY MANAGER REPORTS City Manager Uslar thanked the Council for their attendance at the North Fremont Street project celebration. He also noted the upcoming History Fest and Archive Crawl, to be held on October 12th and 13th. ADJOURNMENT Mayor Roberson invited public comment on closed session items. There being none forthcoming, Council adjourned to closed session at 8:44 p.m. Respectfully Submitted, Approved, Undine Lauer Clyde Roberson Recording Secretary Mayor 6

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, September 17, 2019 Tyller Williamson, Councilmember 4:00 PM - 5:30 PM City Manager Council Chamber 7:00 PM – 11:00 PM Hans Uslar 580 Pacific St. Monterey, California ***Afternoon Session Agenda *** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project under CEQA 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. August 28, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3. September 3, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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. 9/17/2019 4:00:00 PM 4. 2nd 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) 5. 2nd 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) 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." 6. 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 $75,000 (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) 7. Authorize the City Manager to Execute a Contract with TIBA Parking Systems, LLC for the Purchase, Installation, and Maintenance of Parking Access and Revenue Control Systems (PARCS) for Off Street Parking Facilities in the Amount of $1,716,702 (Exempt per CEQA Guidelines Article 19, Section 15301, Class 1) 8. Authorize Purchase from Municipal Emergency Services, Inc., for $54,797 and Award Contract for Fire Department Turnouts (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 9. Appropriate $633,515 from the Office of Economic Adjustment Compatible Use Grant Program to Prepare a Compatible Land Use Plan; and, Authorize the City Manager to Execute Grant Agreement with the Office of Economic Adjustment (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 10. Accept 2018 Assistance to Firefighters Grant, Authorize FY19/20 General Fund Budget Amendments to Increase Revenues by $72,807 and Appropriations by $72,807, Authorize a "Piggyback" Purchase from Bauer Compressors, Incorporated, for One Air Compressor/Cascade/Fill Station, and Authorize the City Manager to Enter into an Agreement to Share Its Use with the City of Pacific Grove and Pacific Grove Hyperbaric Chamber (Not a Project under CEQA Article 20, Section 15378 and under General rule Article 5, Section 15061) 2 9/17/2019 4:00:00 PM 11. Authorize City Manager to Execute a License Agreement with Eden Council for Hope and Opportunity for Office Space at 353 Camino El Estero (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) 12. Appropriate $160,000 from the SB2 Planning Grant Program to Streamline Housing Approvals and Accelerate Housing Production; and, Authorize the City Manager to Execute Grant Agreement with the California State Office of Housing and Community Development (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) *** End of Consent Agenda *** PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 13. Adopt the Program Year 2018 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) *** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m. RECESS 5:30 p.m. RECONVENE *** Evening Session Agenda *** 7:00 - 11:00 p.m. No discussion of a new item will be started after 10:30 p.m. PLEDGE OF ALLEGIANCE CONTINUED 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. ANNOUNCEMENTS FROM CLOSED SESSION 3 9/17/2019 4:00:00 PM PRESENTATIONS 14. Presentation on Municipal Authority to Regulate Cruise Ships (Not a Project Subject to Approval Under CEQA, Pub. Resources Code, §§ 21065, 21080, subd. (a), 14 CCR §§ 15061, 15352, 15378) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 15. Receive the 2019 Vulnerable Communities Needs Analysis (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 20, Section 15378). 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. 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. 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 4 9/17/2019 4:00:00 PM 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 5

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