Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 5, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, Finance Director, Human Resources Director, Acting Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Property Manager, Library Director, General Services Superintendant, Assistant Finance Director, Facilities Maintenance Coordinator ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Recognition of Mark S. Breckenridge, Director of the Department of Defense Office of People Analytics (OPA), and Daniel C. Jensen, Director of the Army Analytics Group, Office of the Deputy Under Secretary of the Army (ODUSA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Proclamations given to Mr. Breckenridge and Mr. Jensen City Manager Uslar introduced and recognized Mark Breckenridge and Dan Jensen, who each made brief remarks and received proclamations from the Council. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters and the closed session. Francis Benni expressed safety concerns regarding a concrete post near Fisherman's Wharf. Bob Faulis spoke about assisting homeless individuals, and about the status of his project at the Ocean View Plaza. An unidentified woman requested a draft of the Wireless ordinance voted on by the Wireless committee. On the subject of Closed Session item 1, regarding terms and conditions for assignment of sublease and child care services agreement at 1608 Private Bolio Road (Building No. 566), the following speakers spoke:  Mez Benton and Mary Jane presented a statement urging Council to provide high quality childcare at the Presidio.  Marcela Ulate spoke in support of the Bright Horizons proposal, and if not that, then Continuing Development, Inc.  Joshua Stowell thanked the City for working quickly on the challenge to find a provider, and spoke in support of any proposer that would treat teachers well and retain them.  Jodi Delfino, Continuing Development, Inc. (CDI), spoke in support of CDI's proposal.  Shannan Watkins and Gabriela, with Early Living Resources of Monterey County, Inc., spoke in support of their proposal.  City Council Minutes November 5, 2019 Dionne Ybarra, Audrey, an unidentified man, Carrie Larson, Brent Allen, Ginny, and Lorna Moffat spoke on the subject of cruise ships visiting Monterey Bay, citing environmental concerns and the need to protect Monterey Bay. CONSENT ITEMS Mayor Roberson opened public comments on the afternoon Consent agenda and received none. On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, the City Council approved the afternoon CONSENT ITEM: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 2. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1608 Private Bolio (Building No. 566); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Carol Miller (Bright Horizons); ElizaBeth Phillips (Continuing Development, Inc.) and Shannan Watkins (Early Learning Resources of Monterey County, Inc.); Under Negotiation: Terms and Conditions for Assignment of Sublease and Child Care Services Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete *** End of Consent Agenda *** *** Adjourn to Closed Session (See additional agenda)*** The Council adjourned to Closed Session at 5:04 p.m. RECONVENE The Council reconvened at 7:03 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Nina Beety spoke in favor of copper land lines and analog power meters, citing safety benefits. Jil Johnson urged Council to improve opportunities for residents to put accessory dwelling units ("ADUs") on their properties, and shared concerns about cruise ships visiting Monterey Bay. Gabriela Chavez spoke against cruise ships visiting Monterey Bay, citing environmental concerns. Luis Osorio suggested that the City hold a forum and learn about what other communities are doing to address an affordable housing crisis. 2  City Council Minutes November 5, 2019 ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1 Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1608 Private Bolio Road (Building No. 566); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Carol Miller (Bright Horizons); ElizaBeth Phillips (Continuing Development, Inc.) and Shannan Watkins (Early Learning Resources of Monterey County, Inc.); Under Negotiation: Terms and Conditions for Assignment of Sublease and Child Care Services Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a roll call vote of 4-0-1 (Councilmember Williamson absent), the Council directed their real property negotiators to contract with Continuing Development, Inc. cs2 Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck, Nat Rojanasathira, Gina Russo, and Jeff Sloan; Employee Organizations: General Employees of Monterey (GEM), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: The Council received a report CONSENT ITEMS (EVENING) Mayor Roberson opened public comments on the evening Consent agenda and received none. It was requested by Council to pull items 6 and 9. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the evening CONSENT ITEMS, except items 6 and 9: 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 3. October 15, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 4. October 23, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 5. Authorize the City Manager to Sign an Agreement with Artist Cara Byrd for $100,000 for the Commission and Installation of the Monterey 250 Public Art Sculpture – “Giant Abalone” and Authorize Budget Amendments to FY19/20 General Fund Conference Center Sales Division Donations and Appropriation in the Amount of $100,000 (Exempt from CEQA Requirements Per Article 19, Section 15303, Class 3) Action: Adopted Resolution No. 19-169 C.S. 3  City Council Minutes November 5, 2019 6. Certify the Ryan Ranch Park Mitigated Negative Declaration Action: Pulled from Consent; Adopted Resolution No. 19-170 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. She said that this action is regarding the mitigated negative declaration only. Mayor Roberson opened public comments and received none. The Council discussed the matter. It was stated that it could be beneficial to know more about the plan for the site before the City makes further commitments. On question, City Manager Uslar said that any future license agreement for use of the site as a disc golf course would come before the Council. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 19-170 C.S. adopting the Ryan Ranch Park Mitigated Negative Declaration: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7. Ratify Emergency Work and Award a Contract for Fuel at Camp Roberts Not to Exceed $100,000 and Award a Repair Contract for Eaton Corporation for Batteries and Services Not to Exceed $194,139 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) Action: Adopted Resolution No. 19-171 C.S. 8. Authorize the City Manager to Enter into an Agreement with the California Department of Parks and Recreation to Provide Seasonal Lifeguard Services on City of Monterey Beaches for a Cost not to Exceed $39,999 per Year (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-172 C.S. 9. Authorize Contract Amendment for Goods and Services with Efficient IP, Inc. for Additional Technical Support Services in the amount of $3000 and Extend Contract Term (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 19-173 C.S. Information Services Director/City Clerk Gawf presented the item and answered Councilmembers' questions. Mayor Roberson opened public comments and received none. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-173 C.S. to Authorize the Contract Amendment for Goods and Services with Efficient IP, Inc for Additional Technical Support Services by $3000: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 4  City Council Minutes November 5, 2019 10. Approve Cannery Row Business Association’s Request for a Locals Holiday Parking Program in the Cannery Row Garage (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-174 C.S. 11. Approve Fisherman’s Wharf Association’s Request for Locals Holiday Parking Program in the Waterfront Attendant Lot (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-175 C.S. 12. Authorize Purchase of 16 Panasonic Toughbooks, Vehicle Mounting Hardware, and Extended Service Warranty for $55,588.10. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-176 C.S. *** End of Consent Agenda *** PRESENTATIONS (EVE) 13. Report on 2-1-1 Monterey County by Katy Castagna, President and CEO, United Way Monterey County (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Katy Castagna and Clare Margason, United Way Monterey County, gave the presentation sharing the mission, function, and new initiatives of United Way Monterey County's 2-1-1 resource referral service. They answered Councilmembers' questions and said they would share greater detail about requests for help on the subject of housing. Mayor Roberson opened public comments. Bob Oliver complimented the 2-1-1 program and asked questions about its budget, which Ms. Castagna answered. Bob Faulis suggested further promotion of the 2-1-1 program. 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) - Continued from October 15, 2019, and Recommended to be Tabled Action: Tabled Mayor Roberson opened public comments and received none. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council tabled the matter entitled "Provide Determination Regarding Impasse between General Employees of Monterey (GEM) and City Related to Bargaining Unit Designations - Continued from October 15, 2019, and Recommended to be Tabled": AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5  City Council Minutes November 5, 2019 15. Amend Resolution No. 18-132 to Authorize Amendment To City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 19-177 C.S. Human Resources Director Hauck presented the terms of the proposed agreement and explained that the changes were consistent with benefits provided to the executive management team. Mayor Roberson opened public comments and received none. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-177 C.S. to Authorize Amendment to the City Manager's Employment Agreement: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 8:00 p.m. and reconvened at 8:16 p.m. PUBLIC HEARING (EVE) 16. Old Capitol Site (Assessor Parcel Numbers 001-761-035-000,001-761-051-000, 001-771-043- 000): 1) Adopt a Negative Declaration (Environmental Determination); 2) Approve General Plan Map Amendment from Very Low Density Residential to Parks and Open Space; 3) Introduce, Read by Title Only and Waive Further Reading of An Ordinance Related to Zoning Map Amendment from Planned Community to Open Space; 4) Authorize the City Manager to Sign the Agreement to Accept the Dedication and Transfer of the Old Capitol Site to the City of Monterey for Parkland Purposes and Appropriate $15,000 from General Fund Ending Balance to Property Management Professional Services to Cover Real Estate Closing Costs, Trash Receptacles, and Environmental Filing Fees Action: Adopted Resolution Nos. 19-178, 19-179, and 19-180 C.S. (4-1, Councilmember Williamson voting no); Passed Ordinance to print (4-1, Councilmember Williamson voting no) Community Development Director Cole gave the staff presentation. She explained that proper notice for the public hearing was given and summarized the written correspondence received in response to the public comment period. She outlined the history of the site and various considerations. She said that the recommended actions before Council were to adopt a Negative Declaration, change the General Plan land use designation from Very Low Density Residential to Parks and Open Space, change the zoning from Planned Community to Open Space, and accept the dedication and transfer of the Old Capitol Site for parkland purposes and appropriate $15,000 to cover real estate closing costs, trash receptacles and environmental filing fees. David Stivers, Pebble Beach Company, shared with Council some further information on the history of the Old Capitol Site and its proposed dedication to the City for parkland purposes. On question, City Attorney Davi said that deed restrictions typically control. Community Development Director Cole answered further questions from Council, saying that the property is fully traversable and full of trees and habitat. She explained that it was due to impactful public comment that the original Memorandum of Understanding with the Pebble Beach Company 6 City Council Minutes November 5, 2019 required the site be dedicated as parkland. She said that the action before Council tonight is to either accept or reject the dedication. On question, she said that if the dedication were to be rejected by Council, the property would remain private property under the ownership of the Pebble Beach Company, and that it is difficult to speculate how that scenario could play out. Mayor Roberson opened public comments. Former Mayor Dan Albert shared that the Chamber was packed with people speaking against density when the item was originally before Council, and said that "delicate balance" is needed to achieve the City's goals. He commended former Councilmember Dave Potter's work negotiating the issue and urged Council to approve the matter. Mary Pendlay, Friends of Jack's Peak Park, spoke in support of the item, and volunteered to help the City find funding. Dave Peterson, citing the difficulty finding affordable housing in the area, asked for responsible development on land like the Old Capitol Site. Marcela Ulate said that things have changed since 1993 and encouraged the Council to rezone the land for affordable housing. Bob Faulis spoke in favor of using a portion of the land for affordable housing and said that developers have a plan first before acquiring land. Seth Bates spoke in favor of the matter, and said that to fill it with housing would be a disaster. Luis Osorio asked if the MOU with Pebble Beach Company has any binding authority to the City. Chip Bates urged Council to approve the item, citing the unique environmental value of the site and its low suitability for affordable housing. An unidentified woman expressed concerns about the financial burden associated with taking on this land. Susan Nine said that Pebble Beach Company should be required to maintain the property and not allow illegal trespassing and encampments, and expressed concerns about the impact of the homeless community on the site if it becomes public property. Pat Venza said that today's "delicate balance" presents a difficult challenge and suggested that the Westland House may need affordable housing. Mike Dawson, Alta Mesa Neighborhood Association, said that the proposed park is a one time opportunity that will be a benefit to future generations. Dave Potter recalled seeing the project as a member of the City's Architectural Review Committee, then as a member of the Planning Commission, and then as a Councilmember, and shared his background working on this matter. He said that the pine forest and habitat, critical viewshed, and historic value of the property should be honored. Karen O'Neal asked if the matter can be postponed and said that there should be compromise and further discussion before a decision. Brandon Swanson, Monterey County, explained the condition of approval and said it is written in such a way that the property can be dedicated to an entity approved by the County. Wendy Brickman urged the Council to approve the item, and said there can be creative ways to mitigate some of the associated costs. Esther Malkin stated that homeless encampments will grow if the property becomes public, and read aloud from a letter from Sonja Trauss of the organization Yes In My Back Yard. On question, Community Development Director Cole said that the MOU with Pebble Beach Company is no longer valid, and that it is the condition placed on the land by the County that is the binding factor. She said that the City receives approximately $2,280 in property taxes associated with the site, and said that a new environmental document will come forward with any plan for a park. On question, City Attorney Davi said that downzoning property in this proposed way would become more difficult beginning January 1, 2020 due to State law. On question, Brandon Swanson, Monterey County, said that in order to remove the condition, an application would need to be made, which would then require a discretionary approval by the Board of Supervisors. 7 City Council Minutes November 5, 2019 City Attorney Davi said that the period of public comment on the conditions took place in 2012, including the window of time to appeal, and that there needs to be certainty and finality with development approvals. She reiterated that the question at hand is whether to accept or reject the dedication that is being offered. On question, City Manager Uslar said that the City can require the current property owner to maintain the property. The Council recessed at 9:45 p.m. and reconvened at 10:01 p.m. In explaining his forthcoming motion, the mover commented that he would like to see the City of Monterey have control over the property, and said that the "delicate balance" needed in this situation may be to look at other zoning opportunities in order to compensate for the housing that will not be built on the site. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council accepted the recommendation of staff, adopting Resolution No. 19-178 C.S. Adopting a Negative Declaration For the Old Capitol Site Amending the General Plan Map Land Use Designation from Very Low Density Residential to Parks and Open Space and the Zoning Map Designation from Planned Community to Open Space; adopting Resolution No. 19-179 C.S. Amending the General Plan to Change the Land Designation for the Old Capitol Site from Very Low Density Residential to Parks and Open Space; adopting Resolution No. 19-180 C.S. Authorizing the City Manager to Sign the Agreement to Accept the Dedication and Transfer of the Old Capitol Site to the City of Monterey for Parkland Purposes and Appropriate $15,000 from General Fund Ending Balance to the Property Management Professional Services to Cover Real Estate Closing Costs, Trash Receptacles, and Environmental Filing Fees; and passing an Ordinance Rezoning the Old Capitol Site from Planned Community to Open Space to print. The Council discussed the matter. It was stated that in an ideal world, with total City authority, it would be important to protect the viewshed and the integrity of the habitat, but set aside some portion for multi-family affordable housing. It was stated that housing affordability and the City's finances are important considerations. It was stated that a goal for use of the site will include revenue generation, and that the Neighborhood and Community Improvement Program may be a source of funding. Comments made in favor of the motion included asserting that after January 1, 2020, the State could cause complications to have a free-and-clear in-perpetuity deed restriction to control 135 acres of parkland. It was stated that vision requires trust and that the community is interested in preserving the site. It was stated that when talking about housing, it is required to talk about available resources, and that water needs to be included in conversations about housing. The matter was described as an opportunity to finish what was started and create something spectacular for the City of Monterey. It was stated that Council together with City staff investigated every possible legal option to place affordable housing on the site, and it just doesn't seem possible. Given the alternative of leaving the property in the control of the current land owner, it was stated that the City having control is preferable. It was emphasized that it has been a value and policy of the City of Monterey to preserve open space. Comments made as explanation for not supporting the motion included a statement that preexisting financial challenges of the City are already of concern to the point that a fiscal emergency is being considered, and that taking on the costs associated with maintenance of the site is worrisome. It was stated that there is a need to increase density in order to meet the City's Regional Housing Needs Allocation ("RHNA"), and that the City needs to start planning for when there is available water for development. Environmental concerns related to car miles and commuting were cited. It was stated that young voices have been mostly missing from the 8 City Council Minutes November 5, 2019 discussion. It was stated that if the property stayed with the Pebble Beach Company, there would be other opportunities in the future. AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith shared that he enjoyed the Halloween on the Wharf event, and looks forward to some winter rain. Councilmember Williamson suggested that Council consider posting public announcements in the Monterey County Weekly versus the Monterey Herald, citing greater readership and transparency. He asked City Manager Uslar to share any updates regarding potential reallocated water for affordable housing. He asked for information on potential cuts to programs that would be alternatives to declaring a fiscal emergency. He asked the City to hire a professional facilitator for a future Council retreat. Councilmember Albert shared that he recently attended the National Public Transportation Conference, WasteCon, and the League of California Cities Annual Conference. He said that he attended the recent meeting of the Laguna Grande Regional Park JPA, and the Marines birthday ball. He said he will share with staff some concerns he has heard about pickleball at Via Paraiso Park. Councilmember Haffa said that he attended Community Human Services 50th anniversary event. He reported that a few weeks ago he visited with a visiting group from Azerbaijan. He reported on his attendance at the five year celebration of the Monterey Bay Fisheries Trust. Mayor Roberson thanked City staff for their help with the Laguna Grande Regional Park Joint Powers Authority meetings. He said that Colton Middle School's "ABC" Anti-Bullying Club held a rally outside of Colton Hall recently. CITY MANAGER REPORTS City Manager Uslar shared that November 9, 2019 will be Cannery Row Day. He said that personnel from the City's Fire Department were heading home presently from the Kincade fire in Northern California. He said that City staff continues to reach out to stakeholders regarding the potential ballot measure, and that the survey is in process. ADJOURNMENT The Council adjourned at 10:45 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9