Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 19, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Present: Clerk, Assistant City Manager, Community Development Director, Public Works Director, Finance Director, Acting Parks and Recreation Director, Property Manager, Principal Engineer, Housing and Community Development Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Marlene Perfecto Huckleberry spoke about the importance of due process being given to all persons. An unidentified gentleman suggested banning cars on certain streets and allowing electric bikes and pedicabs instead, saying that it would increase tourism. Having no further requests to speak, Mayor Roberson closed public comment. CONSENT ITEMS Mayor Roberson noted that Item 3 would be removed from consent, as a member of the public had requested to comment. City Manager Uslar answered Councilmember Smith's question regarding the bid amount on Item 2. Council Member Williamson recorded a no vote on Item 5. Mayor Roberson opened public comments on the Consent agenda, had no requests to speak, and closed the floor. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Items, except Item 5, on which Councilmember Williamson recorded a no vote and Item 3, which was removed for a separate discussion and 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 Approval of Minutes 1. November 5, 2019 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved  City Council Minutes November 19, 2019 Award of Construction Contracts 2. Award Three Construction Contracts Each in the Amount of $1,000,000 to Jacob Construction and Design, Inc., William A. Thayer Construction, Inc., and Avila Brothers, Inc., DBA Avila Construction Company for General Municipal Building Improvements Job Order Contract 2019 for Presidio Municipal Services Agency Projects ***PMSA*** (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061; Excluded from NEPA per Title 32 CFR 651 Appendix B Categorical Exclusion (e) (1)) Action: Adopted Resolutions No. 19-181, 19-182, and 19-183 C.S. Ordinances 3. 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) Action: Pulled from consent; passed Ordinance to print and adopted Resolution No. 19- 184 C.S. (4-1, Councilmember Williamson voting no) Mayor Roberson opened the floor for public comment. A gentleman raised concerns regarding civil liberties with regard to the 14th Amendment and equal protection regarding the ordinance and asked Council to discuss it. Having no further requests to speak, Mayor Roberson closed public comments on the item. City Attorney Davi explained that State Law allows background checks for street venues. She clarified that soliciting donations or begging is protected and the ordinance does not regulate that. Councilmembers reviewed the matter, their past discussions, and the compromises that were made in order to come to an agreeable solution. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed the Sidewalk Vending Ordinance to print and adopted Resolution No. 19-184 C.S.: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Williamson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. Introduce by Title Only (First Reading) an Ordinance Amending Monterey City Code Section 31-3(C) to Require Exempt Signs to Meet All Rules, Regulations, and Guidelines Including but Not Limited to Citywide Sign Guidelines and Other Applicable Land Use Documents (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to print 5. Second Reading of An Ordinance Related to Zoning Map Amendment from Planned Community to Open Space: Old Capitol Site (Assessor Parcel Numbers 001-761-035-000,001- 761-051-000, 001-771-043-000) (Negative Declaration Adopted) Action: Adopted Ordinance No. 3604 C.S. (4-1, Councilmember Williamson voting no) 2  City Council Minutes November 19, 2019 Resolutions 6. Designate the City Manager, Assistant City Manager, and Finance Director as Agents for the City of Monterey to Act on Behalf of the City for the Purpose of Obtaining Financial Disaster Assistance (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-185 C.S. 7. Amend Resolution No. 15-215 C.S., Master Fee Schedule, to Update Certain Administrative Services Fees (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-186 C.S. 8. Approve Rescoping (Amend Resolution 07-137) and Authorize and Direct the Finance Director or Her Designee to Transfer Remaining Fund Balance of $258,754.02 from Villa Del Monte (VDM) Traffic Calming, Phase 1 and VDM Traffic Calming, Phase 2 (Approved per Resolution 07-137) to The Casa Verde/Helvic/McNear/Portola Intersection Reconstruction Project ***NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-187 C.S. *** End of Consent Agenda *** PUBLIC HEARING 9. Deny Appeal and Approve 1430 Mark Thomas Drive Use Permit Amendment UP-19-0191 to Allow Modifications to an Existing Personal Wireless Service Facility; Appellant: Nina Beety; Applicant: AT&T Mobility; Owner Pebble Beach Company; VAF Zoning District; Commercial General Plan Land Use Designation (Exempt from CEQA per Article 19 Section 15303 Class 3) Action: Adopted Resolution No. 19-188 C.S. The consulting planner, Jerry Hittleman, presented the report and answered Councilmembers' questions. Mayor Roberson opened the floor to the applicant. Bettye Saxon, AT&T, asked Council to uphold the Planning Commission decision and highlighted the compliance of the project with the FCC's rules on RF. Daniel Roe, Hammett & Edison Consulting Engineers reviewed their analysis and calculations of the RF around the site. James Phillips, MasTec Network Solutions, reviewed the project and clarified that the radios that are being installed do not have the capability for 5G. He said that the FirstNet installation is very important for public safety use. Mayor Roberson opened the floor to the appellant. Nina Beety, Appellant, thanked the individuals who helped pay for the appeal. She said that her appeal has been misrepresented and she reviewed the basis for her appeal including her claim on the basis of ADA and saying that she has a disability due to electromagnetic sensitivity. She said that her request for accommodation was not taken seriously by the Planning Commission. She said that the subject antennae points directly toward her home. Ms. Beety said that the cumulative effects information is required, and there have been no actual measurements. She reviewed ADA and FHA issues and said that the application was incomplete and incorrect. She stated that prior approvals were not properly obtained and the there is potential to install 5G equipment. She said that her access to Mark Thomas Drive and 3 City Council Minutes November 19, 2019 Highway 1 will be blocked. She said that FirstNet is not necessary for Monterey to use. She requested reduced impact by project denial and adjustment of the existing poles. Mayor Roberson opened general public comments. Susan Nine asked Council to consider if all conditions have been met. She said that if the application was incomplete or if there were omissions, it would constitute a reason for denial. She asked for confirmation regarding the 5G readiness of the equipment. Mayor Roberson reopened the floor to the appellant for rebuttal. Mr. Phillips clarified that a post construction measurement to confirm the RF emissions would be completed. He said that the 700 megahertz are currently there, but this project will segregate and dedicate them to FirstNet. He answered Councilmembers' additional technical questions. Mr. Roe spoke about General Public limits versus occupational limits, saying that the FCC sets limits 50 times lower than what would be dangerous. He said that measurements at the site are necessarily cumulative. Mr. Phillips explained that changing the direction of the towers would require compensating with the other towers or the coverage would be inadequate. On question, Community Development Director Cole said that the CEQA is correct and the application is complete. Mayor Roberson said that he is satisfied with the staff recommendation, especially after hearing that the equipment will be tested after it is installed. Councilmember Williamson spoke about the importance of having a community discussion regarding the rollout of 5G. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, the City Council adopted the Resolution denying the Appeal and Approving the 1430 Mark Thomas Drive Use Permit Amendment UP-19-0191 to Allow Modifications to an Existing Personal Wireless Service Facility; Appellant: Nina Beety; Applicant: AT&T Mobility; Owner Pebble Beach Company; VAF Zoning District; Commercial General Plan Land Use Designation: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None RECESS 5:30 p.m. The Council recessed at 5:43 p.m. and reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Wendy Brickman thanked the Council for the Holiday Parking program and invited people to Christmas on the Wharf in December. She said that she was happy to hear of the increased hours for the Trolley. She asked the Council to upgrade the Wharf parking lot lighting. Lorna Moffat thanked the Council for listening and all of the many accomplishments, including getting rid of pesticides and planting milkweed for the Monarch Butterfly population. Bob Faulis said that milkweed can 4  City Council Minutes November 19, 2019 harm the Monarch population. He spoke about how individuals can make a difference in the community, giving an example of homeless. Luis Osorio spoke about the Old Capitol site public hearing, saying that there were shortcomings in the communication of the project and there should be more genuine conversations about the issues rather than grandstanding. Having no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE (EVE) 10. Receive a Report on Public Opinion Research Conducted by Fairbank, Maslin, Maulin, Metz & Associates (FM3) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report City Manager Uslar introduced the item and Dave Metz, FM3 Research. Mr. Metz presented the survey results and conclusions and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. Bob Faulis, Monterey resident, asked if everyone is being reached in this type of survey, including the "average man." Kevin Dayton noted that Monterey's demographic is tending toward older retirees and away from millennials. With no further requests to speak, Mayor Roberson closed public comments. Councilmembers discussed the results of the research. 11. Adopt a Resolution Declaring a Fiscal Emergency in Order to Place General Purpose Transactions and Use (Sales) Tax Measure on the March 3, 2020 Special Election Ballot (Not a Project Under CEQA per Article 20, Section 15378 and CEQA Guideline 15601) Action: Adopted Resolution No. 19-189 C.S. City Manager Uslar presented the staff report, reviewing the challenges that the City is facing: aging infrastructure with limited capital funding, higher operational costs for services, and increased costs for insurance, utilities, equipment, contracts, etc., along with lingering effects of the Great Recession. He said that revenues must increase or services must be cut. On question from Councilmember Albert, Finance Director Lai explained that the State Auditor uses six factors to determine the scores for cities' fiscal sustainability. Mayor Roberson opened public comments on the item. Timothy Barrett said that the Council needs to act proactively and reduce expenditures to address the structural shortfall. He opposed calling a fiscal emergency. Kevin Dayton, Government Liaison for Monterey Peninsula Chamber, said that even though the Chamber has not taken a position they have had a number of productive meetings with the City. He asked for a commitment from the Council to review expenditures, and called out the Monterey Sports Center as one area to consider for expenditure reductions. Frank Geisler, CEO of the Monterey Peninsula Chamber, agreed with the previous speaker and thanked the City staff for meeting with his organization. Molly Evans, Monterey resident, spoke in opposition to the proposed fiscal emergency tax measure, saying that it is the elected officials' responsibility to work in voters' best interest. Rene Boscoff, MCHA, said that his organization also met with the City Manager. He said that the lion's share of the budget shortfall is due to CalPERS and asked if there is a way to get out of the pension fund. 5  City Council Minutes November 19, 2019 Luis Osorio said he is inclined to support the declaration of a fiscal emergency and urged consideration of alternatives such as TOT. He suggested the overhaul of regulations and a hard look at facilities maintenance and looking at Executive salaries. Having no further requests to speak, Mayor Roberson closed public comments. The Council discussed the report and comments made by members of the public. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 19-189 C.S. declaring a Fiscal Emergency in order to place a General Purpose Transactions and Use tax on the March 3 2020 Special Election ballot: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Adopt a Resolution Calling a Special Election to Ask the Voters of the City of Monterey to Approve a General Transaction and Use (Sales) Tax of One-Half Cent Per Dollar, to be Administered by the California Department of Tax and Fee Administration (CDTFA), and Requesting that the Board of Supervisors of the County of Monterey Consolidate the Election and Direct the County Elections Department to Conduct the Election on the City’s Behalf (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-190 C.S. as amended Finance Director Lai presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comments on the matter, had no requests to speak, and returned the discussion to the dais. Council discussed the ballot language and raised some concerns, including that these new revenues will not trigger new programs and expenditures. Councilmember Haffa voiced support, and suggested including language regarding housing programs in the ballot question. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council amended the ballot question to include “housing programs” and deleted “street median” and adopted the amended Resolution No. 19-190 C.S. calling a Special Election to ask voters of the City of Monterey to approve a General Transaction and Use tax of one-half cent per dollar to be administered by the CDTFA and requesting that the Board of Supervisors of the County of Monterey consolidate the election and approve the Ordinance: 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 Smith invited people to attend the Cannery Row Christmas tree lighting on November 29th. He noted that TAMC will meet next week, Councilmember Williamson thanked 6  City Council Minutes November 19, 2019 the City Attorney and City Manager for their assistance on his request. Mayor Roberson reported on the recent Veterans Transition Center Fundraiser, the Alzheimer's Association recognition, and the Secretary of the Navy’s presentation regarding the partnership between NPS and MIIS. He noted the passing of Mike Marotta and said that he would adjourn the meeting in his honor tonight. 13. Councilmember Williamson's Request to Agendize a Discussion about a Possible Urgency Ordinance Adopting Just Cause Eviction Protections & Rental Rate Limits (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Approved request to agendize (4-1, Councilmember Smith voting no) Councilmember Williamson said that a lot of municipalities have enacted urgency ordinances to protect renters in light of the fact that recently signed state legislation does not take effect until January 1, 2020, and he asked Council to agendize a discussion. Mayor Roberson opened public comments on the item. Mr. Ferris said that a very small number of people would be protected by an ordinance because a sixty-day notice is required for an eviction and the state legislation makes the rent increase cap retroactive. He said an ordinance like this would not increase housing, but supporting a sustainable water supply might. He said unintended consequences include 9-month leases and biannual rent increases. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved agendizing a stop gap measure about a Possible Urgency Ordinance Adopting Just Cause Eviction Protections AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager Uslar suggested cancelation of the January 7 meeting due to the holidays. He said that a Special City Council meeting is being scheduled for 4:30 p.m. on December 12, and a Housing Workshop on AB1842 is planned for December 9. Mr. Uslar reported that this Thursday at 6:00 p.m. the new child care provider for the Presidio Child Care Center will host an open house at Monterey City Hall. Councilmembers agreed to cancel the January 7 meeting. ADJOURNMENT The Council adjourned at 10:30 p.m.in honor of Mike Marotta. Respectfully Submitted, Approved, Bonnie L. Gawf Clyde Roberson Dir. of Information Resources/City Clerk Mayor 7