Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 1, 2019 4:00 PM 7:00 PM LOCATION 1 (4 PM): COUNCIL CHAMBER, 580 PACIFIC ST. LOCATION 2 (7 PM): MONTEREY CONFERENCE CENTER, COLTON RM., 1 PORTOLA PLAZA 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, Assistant City Attorney, Employee Relations Manager, Assistant Finance Director *** Location 1: Council Chamber, 580 Pacific St., Monterey, CA 93940 *** ***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. Jennifer Walker cited an increase in parking tickets issued on Garden Road and asked for appropriate signage. David Ridley asked the City to help provide homeless people with a way to earn a living. Nina Beety spoke about her requests for ADA accommodation at City facilities relating to electromagnetic sensitivity. Esther Malkin spoke about the Laguna Grande Regional Park Joint Powers Authority (JPA) meeting on September 30, 2019, the State of the City address on September 26, 2019, and the City's work relating to acquisition of the Old Capitol Site. Susan Nine, Monterey Vista Neighborhood Association, shared concerns about pending information that she said was shared at the State of the City address. Bob Faulis shared his appreciation about the Laguna Grande Regional Park JPA making progress and about Officer Pinkas' work on Monterey Police Department's Multi-Disciplinary Outreach Team (MDOT) program. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Items, and received none. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the CONSENT ITEMS: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes October 1, 2019 Resolutions 1. Appropriate $7,500 in Grant and Donated Funds to the 2019-20 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-154 C.S. 2. Authorize Professional Services Agreement in the Amount of $250,000 each with 4LEAF Inc. and CSG Consultants, Inc. for On-Call Building Inspection, Plan Checking, and Permit Technician Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 19-155 and 19-156 C.S. 3. Adopt A Resolution Establishing Compensation and Benefits Packages for Unrepresented Regular Part-time Employees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-157 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 4. Introduce by Title Only and Waive Further Reading of an Ordinance to Amend Chapter 31 (Signs) of the Monterey City Code and Adopt a Resolution Amending the Citywide Sign Guidelines to Prohibit Private Party Temporary Ground-Mounted Signs on City Property (Exempt from CEQA Article 19, Section 15305, Class 5) Action: Received report; Discussed; Passed ordinance to print (3-2, Councilmember Smith and Mayor Roberson voting no) City Attorney Davi gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Bob Faulis shared concerns about the ability for homeless people and parking lot owners to use signs to reach their audiences. Nina Beety and Rick Heuer spoke in opposition to the proposed ordinance, citing the need for free speech. Susan Nine shared concerns about enforcement. On question, City Attorney Davi clarified the recommendation to introduce the ordinance by title only and waive its further reading, saying it is to comply with General Law requirements as dictated by the Charter, and that there will still be a second reading of the draft ordinance. The Council discussed the matter. The proliferation of signs in recent elections was described as sign pollution. It was suggested that the Council could consider adding to the list of prohibited City properties, instead of prohibiting signs altogether. The concern was raised that increasing the number of prohibited areas could cause more signs to be posted in the remaining allowed areas. It was suggested that the time limit be shortened from 45 days. It was stated in response that the 45 day timeframe is appropriate given the timeframe for voting by mail. Concerns were raised in favor of further sign restrictions, stating that political signs on City property could give the impression that the City endorsed a certain candidate, and that excessive signs have an environmental impact. In opposition to further sign restrictions, citing the need for free speech, it was stated that the proposed ordinance may constitute overreach. The concern was brought up that allowing signs in an easement could cause issues. It was stated that candidates have alternatives that can reach a constituency more effectively and that 2  City Council Minutes October 1, 2019 signs on private property can make a greater impact. It was stated that signs are a secondary mechanism for candidates. On question, City Attorney Davi addressed concerns about real estate signs. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed to print an Ordinance to Amend Chapter 31 (Signs) of the Monterey City Code to Prohibit Private Party Temporary Ground-Mounted Signs on City Property: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Williamson NOES: 2 COUNCILMEMBERS: Smith, Roberson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5. Introduce by Title Only and Waive Further Reading of an Ordinance Adding Chapter 2, Article 1, Section 2-1.05 Relating to Campaign Finance Reform (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received report; Discussed; Passed ordinance to print, as amended to reflect $500 contribution limit (4-1, Councilmember Smith voting no) Assistant City Attorney Salameh gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Rick Heuer spoke in opposition to the draft ordinance, citing a lack of need and lack of financial resources with which to conduct the program. Susan Nine spoke in favor of the draft ordinance, stating that the cost would be worth the results of not letting candidates be beholden to large contributors. Libby Downey spoke in favor of a cap on contributions, suggested a contribution cap of $500 instead of $350, and stated that elected officials should disclose the relationship when contributors come to Council for agenda items. Esther Malkin referred to a need for broader representation, stating that the financial commitment that it takes to win a Council seat contributes to younger, working individuals not pursuing candidacy. The Council discussed the matter. It was noted that contribution amounts have risen quickly over the last few elections and it was stated that this trend is not in the public's interest. It was stated that raising large amounts of money can be a disincentive to potential candidates. It was suggested to increase the contribution cap to $500. It was commented that independent expenditures are not as effective as direct contributions. It was stated that the cost to the City to conduct the program should not be a hardship, and that contracting with the FPPC would not be necessary. It was stated that grassroots efforts are desirable, with broad bases giving lower contributions. It was stated that Citizens United is the law of the land. On question, City Manager Uslar said that the responsibility for compliance would lie with the candidates. On question, City Attorney Davi answered that contributions by political action committees (PACs) are considered free speech pursuant to the Citizens United decision. 3  City Council Minutes October 1, 2019 On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed to print an Ordinance Adding Chapter 2, Article 1, Section 2-1.05 Relating to Campaign Finance Reform, as amended to reflect a $500 contribution limit: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** The Closed Session agenda was not heard in the interest of time. RECESS The Council recessed at 6:07 p.m. *** RECONVENE at Location 2: Monterey Conference Center, Colton Room, 1 Portola Plaza, Monterey, CA 93940 *** 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, Fire Chief, Human Resources Director, Acting Parks and Recreation Director, Dir. of Information Resources/City Clerk, Acting City Clerk *** Evening Session Agenda *** The Council reconvened at 7:17 p.m. at the Monterey Conference Center. Mayor Roberson reported favorably about the Laguna Grande Regional Park Joint Powers Authority (JPA) meeting on September 30, 2019. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters, and received none. COUNCIL WORKSHOP 6. Organizational Goals and Priorities Exercise (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Conducted exercise to identify Council’s top nine priorities in this order: Fiscal Accountability, Affordable Housing/Housing, City Facilities/Infrastructure, Neighborhood Preservation, Keeping a Small Town Feeling, Technology, Multi-Modal Plan - and - Annual Update to Council’s Value Drivers (tied), and Expanding Marina and Wharf II 4  City Council Minutes October 1, 2019 Assistant City Manager Rojanasathira led Council in an interactive goals and priorities exercise. In the first stage of the exercise, priorities identified by Council were as follows. The Council narrowed the list down to identify their top nine priorities, then completed the exercise by ranking all nine top priorities by urgency and importance. The top nine priorities are underlined below and listed in order of Council’s ranking; the remaining (non-underlined) priorities are not ranked. The Council discussed the priorities that are still important to the Council but not included in the top nine rankings.  Fiscal accountability and budget structural deficit and reserve enhancement  Affordable housing/Housing  City facilities/Infrastructure  Neighborhood preservation  Keeping a small town feeling  Technology  Multi-modal plan update (tie)  Annual pre-budget process to update Council’s value drivers (tie)  Expand marina and Wharf II  Traffic mitigation  Homelessness solution  Salaries and pensions  Old Capitol Site development  Measure S implementation  Park maintenance  NIP project completion  Density balance  Climate warming  Taking care of our youth  Keeping the community together  Technology enhancements and security  Water  Transparency  Economic development team creation  Master plan to align staffing and service demands  Housing stock enhancement through private partnerships Following the exercise, Assistant City Manager Rojanasathira shared the results of a similar priorities exercise conducted at a recent workshop for City executive staff. The top priorities by staff, in ranked order were: Workforce development and succession planning, Streamlining processes/technology, Public engagement and Accessibility, Infrastructure/Housing/Open space, Fiscal management, Legal and Legislative, and Emergency Management and Safety. City Manager Uslar presented to Council the top three priorities of each of the City’s departments. Public comments were opened and none were received. 7. Agenda Management Process Discussion (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Discussed; Directed staff to bring the Governance document back to Council for consideration The Council discussed the merits of paper agenda packets versus electronic agenda packets. On question, City Attorney Davi stated that she would research whether CEQA regulations 5  City Council Minutes October 1, 2019 would dictate whether agenda packets could be produced part in paper and part electronically. It was suggested that the Council agendize the matter and decide by a vote. Alternatively, it was suggested to let Councilmembers decide for themselves. It was requested that City staff assist and provide devices to facilitate electronic packets for Councilmembers who desire them. Assistant City Manager Rojanasathira gave a brief presentation covering the concept of agenda management as priority management and agenda management best practices. The staff and Council discussed the prior practice of agendizing topics by a vote of Council, which was a practice that was stated would provide clarity to City staff and save time. It was stated by Council that there should be a clear timeline for items to be agendized, and there was consensus between Council and City Manager Uslar that four weeks is a reasonable timeline. It was stated that Councilmembers should be as clear as possible with their direction to staff when it comes to agendizing topics. The Mayor asked to have the governance document brought back to Council for a decision. Mayor Roberson opened public comments. Susan Nine spoke about public frustration around lack of transparency about the agendizing process, and made observations about Monterey’s staff reports and presentations. Esther Malkin spoke about the City’s sharing of agenda information, including on the Nextdoor website, which she recommended as a transparency mechanism. The Council recessed at 9:47 p.m. and reconvened at 10:02 p.m. 8. Fiscal Health Response Plan Update (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received report; Discussed; Directed staff to bring to Council for consideration a discussion about potential declaration of a fiscal emergency Finance Director Lai presented an update about the City’s Fiscal Health Response Plan, covering budget shortfalls projected in the coming years and various ways to address them. The Council discussed the matter. It was requested that Monterey’s Transient Occupancy Tax (TOT) be compared with other cities with other additional tax loads added in on both sides for a more accurate comparison. It was noted that it would be interesting to know where Monterey residents’ sales taxes are being spent. The suggestion was made that cannabis taxes could help resolve budget deficits. The Council discussed the possibility of a March 2020 sales tax measure that would only be possible through declaring a fiscal emergency. It was requested to agendize a discussion about the potential declaration of a fiscal emergency. Mayor Roberson opened public comments. Esther Malkin said that cannabis taxes create a lot of issues for communities and that the market is oversaturated. Susan Nine made comments in support of increasing TOT and sales tax, and in favor of filling vacant positions, citing concerns about staffing. ADJOURNMENT The Council adjourned at 11:08 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 6