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Council Regular Meeting

Regular Meeting

Monterey, CA · October 15, 2019

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 15, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson (by telephone), Roberson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Finance Director, Fire Chief, Human Resources Director, Acting Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Property Manager, Principal Engineer, Traffic Engineer, Housing and Community Development Manager, General Services Superintendant, Fleet Manager, Assistant Finance Director, Associate Civil Engineer, Parking Superintendent, Senior Engineer, Police Lieutenant ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. and stated that Councilmember Williamson was teleconferencing from Chicago, Illinois to participate in the meeting. Acting City Clerk Klein called the roll. Councilmember Williamson, present by telephone, confirmed that due process was followed with regard to the Brown Act. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Elizabeth Jannasch requested a dedicated, full-time resident park ranger at Veterans Memorial Park. Jean Rasch, Monterey Vista Neighborhood Association, echoed the request for a City employee at Veterans Park, and shared thoughts about wireless application administration and processes. Rita Painter Wos and Christopher O'Neal asked Council to rescind the marijuana ban, citing an opportunity for tax revenue. An unidentified woman requested that Council wait for a final draft of the Wireless ordinance before disbanding the committee. Ruth Anne Krotzer, Robert Louis Stevenson Club of Monterey, invited all to an "unbirthday party" for Robert Louis Stevenson at Monterey Public Library on November 9, 2019. Ralph Borelli, Borelli Investment Company, spoke in favor of his company's proposal (agendized for the closed session), which was submitted for consideration during the Request for Proposals (RFP) for development of the City's property on Fort Ord. Alan Samuels, NeuroScience Institute of the Central Coast, LLC, spoke in favor of his company's proposal for the Fort Ord property development (agendized for the closed session). Vince Cardinale spoke in support of the NeuroScience Institute proposal and said there would be housing for employees. Paul O'Leary, Monte Vista neighborhood, in advance of the evening Neighborhood and Community Improvement Program (NCIP) item, and citing noise concerns, spoke against a pickleball feasibility study and further pickleball courts at Via Paraiso Park. Hans Uslar, City City Council Minutes October 15, 2019 Manager, acknowledged Traffic Engineer Renny for her work on the North Fremont Bike and Pedestrian Access and Safety Improvements Project and presented her with a framed photo celebrating the project. CONSENT ITEMS Mayor Roberson stated that Items 5 and 12 would be pulled pursuant to requests. Councilmember Smith stated that he would vote against the Campaign Finance ordinance (Item 6) because he is unconvinced there is sufficient evidence to require it. He said that he is concerned that the language in the Sign ordinance (Item 7) may favor an incumbent and would vote no on that item as well. Mayor Roberson opened public comments on the Consent Agenda and received none. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following roll call vote, the City Council approved the CONSENT ITEMS except Items 5 and 12, with a "no" vote from Councilmember Smith registered on Items 6 and 7: 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. September 17, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 2. September 25, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. October 1, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 4. Award Construction Contract in the Amount of $463,732.27 to McKim Corporation for Citywide Sidewalk Repair, Phase 4 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure S** Action: Adopted Resolution No. 19-158 C.S. Ordinances 5. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Related to the Regulation of Sidewalk Vendors and to Add a Sidewalk Vendor Permit Fee and Amend Resolution 15-215 Establishing a Master Fee Schedule to Create Fees for Sidewalk Vending (Exempt from CEQA Article 19, Section 15305, Class 5) - Continued from September 3, 2019 Action: Pulled from Consent; Discussed; Approved first reading and directed staff to bring back the ordinance with recommendations on revisions to "(m)" allowing tables 2 City Council Minutes October 15, 2019 with specific dimensions, considering chairs and possible shade structures, setting a distance from streetside dining, waiving the livescan portion of the public safety fee for applicants, and having the City subsidize that portion of the fee along with the associated staff time (4-1, Councilmember Smith voting no) Mayor Roberson opened public comments. India Weeks suggested that draft ordinance Section 32-3.07(m) ("No tables, chairs, fences... are permitted in conjunction with the vendor's vending activities") was redundant and requested it be stricken from the restrictions. The Council discussed the matter. It was commented that specific language can be beneficial because general language can be too general. On question, Community Development Director Cole stated that staff recommends that "(m)" remain part of the ordinance, citing potential challenges to surrounding businesses and the surrounding environment. The Council discussed vendors' need for protection from sun and rain and nearby businesses' concerns about storefronts being blocked. The proper distance from sidewalk vending to outside dining was discussed. At the request of the public, Mayor Roberson opened further public comments. An unidentified man spoke in favor of allowing tables and tables, citing language in the draft ordinance about a "fixed location." Francis Benni spoke in favor of allowing tables, citing the need for a place to display goods. Sean McClellan expressed concern about vulnerable populations having the ability to provide for themselves and pay for the required fees. Community Development Director Cole addressed the difference between a roaming sidewalk vendor and a stationary sidewalk vendor, and distinguished between a cart with wheels and a table. The Council discussed the matter further. The concern was shared that the regulations could effectively limit low-income entrepreneurial activity. Varying opinions were shared about how to modify the ordinance. It was stated that tables, chairs, and shade structures should be allowed, livescan check should not be required, and it would be acceptable to increase the distance to outdoor seating. The desire was shared to look at "(m)" and consider allowing tables with specific dimensions and chairs, consider allowing shade structures, and increase the allowable space from outdoor dining. It was stated that the public safety fee should be removed. On question, City Manager Uslar noted other City programs that incorporate public safety fees and livescan, and referred to risk analysis. Concern was cited by Council about safety to children on public property and support was stated for requiring a livescan background check. A motion was introduced by Mayor Roberson, and seconded by Councilmember Smith, to approve the first reading ordinance, and direct staff to come back for the second reading with recommendations on the appropriate distance from dining, to allow tables with specific dimensions, and to consider chairs and possible shade structures. It was commented that shade structures should be restricted so they do not block storefronts, and that they should not be too large and must serve the purpose of providing shade. An amendment was requested by Councilmember Albert to only require livescan for vendors that are going to operate in neighborhoods and in City parks. On question, Community Devleopment Director Cole stated that such a restriction should be related to specific zoning districts, and City Manager Uslar said this restriction would be difficult to enforce. The amendment was withdrawn by Councilmember Albert. 3 City Council Minutes October 15, 2019 The motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Smith, Roberson NOES: 3 COUNCILMEMBERS: Albert, Haffa, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to approve the first reading of the ordinance, directing staff to bring back the ordinance with recommendations on revisions to "(m)" as previously described by Mayor Roberson (allowing tables with specific dimensions, and considering chairs and possible shade structures), setting a distance from streetside dining, and considering livescan only for vending in neighborhoods, residential areas, and parks. The mover said that "neighborhoods" should be defined as R1, R2, and R3 zones. The Council discussed the motion. The concern was raised that the neighborhood distinctions were not clear and enforceable. The importance of protecting public safety via livescan was stressed. A concern was expressed about sales of vaping devices. The mover amended his motion to direct staff to keep the livescan requirement, waive the livescan portion of the public safety fee for applicants, and have the City subsidize that portion of the fee along with the associated staff time. The amendment approved by the seconder. It was requested that staff bring back what can be subsidized for the Department of Justice (DOJ) fee. The suggestion was made to waive only the first year of the livescan fee, saying that after a year a vendor would be established and able to pay for it. The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. Adopt 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: Adopted Ordinance No. 3602 C.S. (4-1, Councilmember Smith voting no) 7. Adopt an Ordinance to Amend Chapter 31 (Signs) of the Monterey City Code (Second Reading), and Adopt a Resolution to Amend the City of Monterey Sign Guidelines, to Prohibit Private Party Ground-Mounted Signs on City Property (Exempt from CEQA Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3603 C.S. (4-1, Councilmember Smith voting no); Adopted Resolution No. 19-159 C.S. (4-1, Councilmember Smith voting no) 4 City Council Minutes October 15, 2019 Resolutions 8. Amend Resolution 19-094 to Authorize Contract Amendment to the Construction Contract with O.C. McDonald Co. Inc. for the Presidio of Monterey (POM) B838 – Boiler, Water Piping Replacement (POM 18060) to Include Additive Alternative Bid 1 in the Amount of $170,000 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** Action: Adopted Resolution No. 19-160 C.S. 9. Award Three Professional Services Agreements for On-Call Geotechnical Engineering Services, Each With a Not-To-Exceed Limit of $250,000, for Projects within the City of Monterey and Presidio Municipal Services Agency (PMSA) to Moore Twining Associates, Inc., Pacific Crest Engineering, Inc., and Construction Testing Services, Inc. ***CIP/NIP/PMSA*** (PMSA: Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080; CIP/NCIP: Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolutions No. 19-161, 19-162, and 19-163 C.S. 10. Authorize the Purchase of Two (2) New Medium Duty Dump Trucks in the amount of $244,667.94 from Peterson Trucks, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-164 C.S. 11. Increase Appropriation in the Parking Fund by $1,612,133.83, Reduce Parking Fund Acquisition and Development account by $1,300,000 and Reduce Parking Fund Capital Renewal Account by $312,133.83 Related to Purchase of Property Located at 150 Del Monte Avenue (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-165 C.S. Other 12. Dissolve Wireless Telecommunications Subcommittee (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Discussed; Postponed dissolving the Wireless Telecommunications Subcommittee for up to 45 days with the intent that the Subcommittee will have the chance to see the final Wireless Ordinance and the Encroachment Ordinance before they go to the Planning Commission Community Development Director Cole gave the staff presentation, sharing some history about the subcommittee and future steps. She said there will be the opportunity for public input when the Planning Commission hears the wireless ordinance. It was commented that the process has been robust and that everyone is on the same team. Mayor Roberson opened public comments. Pat Venza, Monterey Vista neighborhood, said that dissolving the subcommittee is premature while there is no final product. Nina Beety spoke against disbanding the subcommittee, citing concerns about the transparency and timeline of the process and about changes made to the draft ordinance. David Breedlove, Subcommittee member, spoke against disbanding the subcommittee until the encroachment ordinance and the aesthetics issue are resolved. Elizabeth Jannasch asked about the procedural process and reason for disbanding the subcommittee. 5 City Council Minutes October 15, 2019 On question, City Attorney Davi clarified the next steps for review of the draft ordinance by the Planning Commission followed by review by the City Council. She clarified that when a subcommittee has performed its directed task, it is usually dissolved. She said that the mission and role may need to be revised if the Council desires to keep the Subcommittee active. The Council discussed the matter. It was suggested to find out if a majority of the subcommittee feels they are done with their work. On question, Mr. Breedlove said that he would like the Subcommittee to weigh in on the encroachment ordinance, and suggested that the committee be renamed the Overhead Utilities Committee. Community Development Director Cole clarified the role of the Wireless Telecommunications Subcommittee in reviewing the encroachment ordinance. A motion was introduced by Councilmember Albert, and seconded by Councilmember Haffa, to postpone dissolving the Dissolve Wireless Telecommunications Subcommittee for 45 days with the intent that the committee will have the chance to see the final wireless ordinance and the encroachment ordinance before they go to the Planning Commission. Councilmember Smith offered an amendment to make the timeline "up to 45 days," which was approved by the mover and seconder. City Attorney Davi stated that it may be difficult to get City consultant Mr. Van Eaton available in time for the 45 day timeline. It was stated by Council that all the concerns may not be addressed by one more subcommittee meeting. It was commented that the purpose of the meeting would be to have a chance to review the aesthetics topic. The motion carried by the following roll call 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) 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 031-191-003-000, 031-191-006-000, 031-191- 015-000, 031-191-016-000, 031-191-018-000, and 031-191-019-000 (former Fort Ord properties); Agency Negotiators: Kimberly Cole, Elizabeth Caraker, and Janna Aldrete; Negotiating Parties: NeuroScience Institute of the Central Coast, LLC and Borelli Investment Company; Under Negotiation: Review of Development Proposals (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Kimberly Cole, Elizabeth Caraker, and Janna Aldrete *** End of Consent Agenda *** PUBLIC APPEARANCE 14. Provide Determination Regarding Impasse between General Employees of Monterey (GEM) and City Related to Bargaining Unit Designations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to November 5, 2019 Mayor Roberson opened public comments and received none. City Manager Uslar stated that the item could be continued. 6 City Council Minutes October 15, 2019 On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following roll call vote, the City Council continued to November 5, 2019 the Impasse between General Employees of Monterey (GEM) and City Related to Bargaining Unit Designations: 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 stated that the Council would hear the closed session items at another date. The Council recessed at 5:55 p.m. and reconvened at 7:04 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge and reminded meeting attendees and viewers that Councilmember Williamson was participating in the meeting by teleconference. Acting City Clerk Klein called the roll. Councilmember Williamson was present by telephone. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Therese Garcia spoke about her concerns regarding the homeless situation in Monterey and shared an idea for resource centers to provide support. Kevin Dayton, Monterey Peninsula Chamber of Commerce, asked about public access to proposals for development of the City's Fort Ord property. ANNOUNCEMENTS FROM CLOSED SESSION None were made as the closed session items were not heard. PRESENTATIONS (EVE) 15. Presentation by the Monterey County Convention & Visitors Bureau (MCCVB): Hospitality Workers Traffic Mitigation Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation; Discussed Tammy Blount-Canavan, on behalf of Monterey County Convention and Visitors Bureau (MCCVB), presented a traffic mitigation plan for hospitality employees. Mayor Roberson opened public comments and received none. The Council discussed the presentation, thanked the partners for their work on the project, and provided feedback. It was suggested that employers provide safe, dry places to park bikes. It was suggested that Transportation Agency of Monterey County (TAMC), working together with the hospitality partners, should return to Council in about a year to provide an update. It was suggested to look more at the quantity of employees commuting from the North. It was 7 City Council Minutes October 15, 2019 commented that studying workforce traffic in this manner in other industries, such as education and medicine, would further benefit the City. It was suggested to survey the hospitality employees and ask what would make it easier for them to travel to work differently. It was suggested that the City look at transportation patterns of its own employees. Theresa Wright, TAMC, shared more about the agency's Go831 program and the program's next steps. It was suggested by Council that MST's trolley program could be expanded, and to look for other ways to keep people, including tourists, out of their cars. PUBLIC APPEARANCE (EVE) 16. Adopt the Fiscal Year 2019/20 Neighborhood and Community Improvement Program ***NCIP*** (See report for project-specific environmental determination) (Not a Project Under CEQA per Article 19, Sections 15301, 15306, and 15331, Classes 1, 6, and 31) Action: Adopted Resolution No. 19-166 C.S. to adopt the Fiscal Year 2019/20 Neighborhood and Community Improvement Program (NCIP) Principal Engineer Krebs gave the staff presentation on the proposed Neighborhood and Community Improvement Program (NCIP) and answered Councilmembers' questions. Rick Heuer, NCIP spokesperson, made complimentary remarks about the new voting process. Mayor Roberson opened the floor for public comments, and received none. The Council discussed the matter. It was remarked upon that the staff report identifies that with a four-fifths vote, the City Council could find that NCIP funds are needed for the ordinary and necessary services of the City. It was noted that the NCIP program has historically freed up some of the General Fund for other city-wide uses. It was commented that staff vacancies may create a backlog of some NCIP projects. It was noted that NCIP funds are restricted by design. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following roll call vote, the City Council adopted Resolution No. 19-166 C.S. to adopt the Fiscal Year 2019/20 Neighborhood and Community Improvement Program (NCIP): AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 17. Direction to Staff on Whether to Declare a Fiscal Emergency and Place a General Transactions and Use Tax ("Sales Tax") on the March 3, 2020 Ballot (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Accepted the staff recommendation as written and directed staff to take the next two to four weeks to explore the possibility of, and agendize for November 19, 2019 with the appropriate documents, Council's consideration of a declaration of fiscal emergency and placement of a general transactions and use tax on the March 3, 2020 ballot City Manager Uslar introduced the item and presented background information on staff's request that Council consider declaring a fiscal emergency and placing a sales tax on the March 2020 ballot. He introduced Finance Director Lai, who presented the topic of the 8 City Council Minutes October 15, 2019 California Public Employees' Retirement System (CalPERS) unfunded liability, the City's Fiscal Health Response Plan, and various potential next steps, including pursuing declaration of a fiscal emergency and putting forward a half-cent sales tax ballot measure. The Council recessed at 8:51 p.m. and reconvened at 9:07 p.m. Mayor Roberson opened public comments. Rick Heuer, Monterey Peninsula Taxpayers Association, asked about the source of the projected deficit, said a general sales tax will not address CalPERS or infrastructure issues since there is no guarantee about the money will go, and asked the City to get involved in resolving the CalPERS issue at the State level. Kevin Dayton, Monterey Peninsula Chamber of Commerce, asked for a two week delay to allow for time for partners such as the Chamber to conduct research potential support. Frank Geisler, Monterey Peninsula Chamber of Commerce, echoed the request for partners to have a chance to analyze the issue. A motion was introduced by Councilmember Williamson for the City Council to direct staff to explore declaring a fiscal emergency and placing a general tax on the March 3, 2020 Ballot. The motion failed by lack of a second. The Council discussed the matter. It was commented that it could be appropriate to take a two week pause as requested by the City's partners. On question, City Manager Uslar explained that directing staff to pursue a fiscal emergency and sales tax ballot measure tonight would give the Chamber and other partners four weeks' lead time for analysis, research and ideas, because the actual fiscal emergency decision would be before Council on November 19, 2019. He explained that getting the ballot prepared for the December 6, 2019 deadline would require direction to staff at this meeting about Council's appetite for proceeding. It was cautioned that raising revenues doesn't make sense without addressing expenditures. In response, it was questioned whether there is indeed an expenditure problem. It was stated that time is needed to get information from the various stakeholders and community to find out whether a sales tax will work. It was suggested that the staff could research both a general sales tax and a special sales tax to see what the community supports more. On question, City Manager Uslar stated that exploring a special sales tax is possible, but said that a fiscal emergency relates to essential services which makes a general sales tax more appropriate. It was commented by Council that drafting a special tax can take months. A substitute motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to accept the staff recommendation as written and directed staff to take the next two to four weeks to explore the possibility of and agendize the City Council's consideration of a declaration of fiscal emergency and placement of a general transactions and use tax. Finance Director Lai asked for clarification on when the matter would return to Council and whether documents should be prepared. On consensus, the Council indicated that November 19, 2019 would be the appropriate date, and that they will need staff to prepare the necessary documents to declare the fiscal emergency and place a sales tax on the March ballot if they choose to do so on November 19, 2019. 9 City Council Minutes October 15, 2019 The substitute motion carried by the following roll call 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) 18. Authorize Professional Services Agreement with Fairbank, Maslin, Maullin, Metz & Associates (FM3) for Public Opinion Research Services and Appropriate $31,000 of General Fund (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-167 C.S. Finance Director Lai gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comment. Kevin Dayton, Monterey Peninsula Chamber of Commerce, cautioned against surveys that set up a preconceived expectation, and asked Council to look at how the community feels about infrastructure needs, including at the Library. Rick Heuer, Monterey Peninsula Taxpayers Association, said that a survey will tell Council what they want to hear, and stated that the FM3 study about Measure P and S was never used by the ballot measure committee. The Council discussed the matter. It was expressed that the Council really wants to hear the truth about what the community desires. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following roll call vote, the City Council adopted Resolution No. 19-167 C.S. to authorize a professional services agreement with Fairbank, Maslin, Maullin, Metz & Associates (FM3) for public opinion research services and appropriate $31,000 of the General Fund: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Williamson asked Council to have a discussion about the most transparent way to discuss proposals such as those submitted for consideration for the City's Fort Ord property. Councilmember Albert addressed an earlier public comment, saying that whether to use City employees or privatized contractors depends on the department, and that residents expect to see City employees in certain positions. He said that the City needs to be very careful with this decision due to the perception by residents. Councilmember Haffa echoed Councilmember Albert's comments and said that the issue of public versus privatized staffing needs to be looked at comprehensively and deeply. Councilmember Smith said that Council needs to experience a paradigm shift when thinking about services and expenditures in order to save the City money. He said that the Wharf's 10 City Council Minutes October 15, 2019 birthday party was enjoyable, and encouraged all to participate in the October 17, 2019 Great ShakeOut earthquake drill. CITY MANAGER REPORTS City Manager Uslar said that Assistant City Manager Rojanasathira has been with the City for two months. He reported that a City of Monterey firefighter is assisting with efforts at the Saddleridge fire. ADJOURNMENT The Council adjourned at 10:10 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 11

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, October 15, 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 ***TELECONFERENCE LOCATION*** The Westin Michigan Avenue 2nd Floor Hallway, just outside the Business Center 909 N. Michigan Ave. Chicago, IL 60611 Councilmember Tyller Williamson will be teleconferencing from this location. ***Afternoon Session Agenda *** 4:00 - 5:30 p.m. CALL TO ORDER 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 1. September 17, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2. September 25, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 10/15/2019 4:00:00 PM 3. October 1, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Award of Construction Contracts 4. Award Construction Contract in the Amount of $463,732.27 to McKim Corporation for Citywide Sidewalk Repair, Phase 4 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure S** 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. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Related to the Regulation of Sidewalk Vendors and to Add a Sidewalk Vendor Permit Fee and Amend Resolution 15-215 Establishing a Master Fee Schedule to Create Fees for Sidewalk Vending (Exempt from CEQA Article 19, Section 15305, Class 5) - Continued from September 3, 2019 6. Adopt 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) 7. Adopt an Ordinance to Amend Chapter 31 (Signs) of the Monterey City Code (Second Reading), and Adopt a Resolution to Amend the City of Monterey Sign Guidelines, to Prohibit Private Party Ground-Mounted Signs on City Property (Exempt from CEQA Article 19, Section 15305, Class 5) 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." 8. Amend Resolution 19-094 to Authorize Contract Amendment to the Construction Contract with O.C. McDonald Co. Inc. for the Presidio of Monterey (POM) B838 – Boiler, Water Piping Replacement (POM 18060) to Include Additive Alternative Bid 1 in the Amount of $170,000 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** 9. Award Three Professional Services Agreements for On-Call Geotechnical Engineering Services, Each With a Not-To-Exceed Limit of $250,000, for Projects within the City of Monterey and Presidio Municipal Services Agency (PMSA) to Moore Twining Associates, Inc., Pacific Crest Engineering, Inc., and Construction Testing Services, Inc. ***CIP/NIP/PMSA*** (PMSA: Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080; CIP/NCIP: Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2 10/15/2019 4:00:00 PM 10. Authorize the Purchase of Two (2) New Medium Duty Dump Trucks in the amount of $244,667.94 from Peterson Trucks, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 11. Increase Appropriation in the Parking Fund by $1,612,133.83, Reduce Parking Fund Acquisition and Development account by $1,300,000 and Reduce Parking Fund Capital Renewal Account by $312,133.83 Related to Purchase of Property Located at 150 Del Monte Avenue (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Other 12. Dissolve Wireless Telecommunications Subcommittee (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 031-191-003-000, 031- 191-006-000, 031-191-015-000, 031-191-016-000, 031-191-018-000, and 031-191- 019-000 (former Fort Ord properties); Agency Negotiators: Kimberly Cole, Elizabeth Caraker, and Janna Aldrete; Negotiating Parties: NeuroScience Institute of the Central Coast, LLC and Borelli Investment Company; Under Negotiation: Review of Development Proposals (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) *** End of Consent Agenda *** 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. 14. Provide Determination Regarding Impasse between General Employees of Monterey (GEM) and City Related to Bargaining Unit Designations (Not a Project Under CEQA per Article 20, Section 15378 and Under 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 3 10/15/2019 4:00:00 PM 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 PRESENTATIONS (EVE) 15. Presentation by the Monterey County Convention & Visitors Bureau (MCCVB): Hospitality Workers Traffic Mitigation Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) PUBLIC APPEARANCE (EVE) 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. 16. Adopt the Fiscal Year 2019/20 Neighborhood and Community Improvement Program ***NCIP*** (See report for project-specific environmental determination) (Not a Project Under CEQA per Article 19, Sections 15301, 15306, and 15331, Classes 1, 6, and 31) 17. Direction to Staff on Whether to Declare a Fiscal Emergency and Place a General Transactions and Use Tax ("Sales Tax") on the March 3, 2020 Ballot (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 18. Authorize Professional Services Agreement with Fairbank, Maslin, Maullin, Metz & Associates (FM3) for Public Opinion Research Services and Appropriate $31,000 of General Fund (Not a Project under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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. 4 10/15/2019 4:00:00 PM 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 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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