Council Regular Meeting
Regular MeetingMonterey, CA · October 15, 2019
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
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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.
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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)
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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.
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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.
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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
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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
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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.
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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
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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
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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)
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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
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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.
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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
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