Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 4, 2020 4:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, Finance Director, Parks and Recreation Director, Acting City Clerk, Property Manager, Dir. of Information Resources/City Clerk, Traffic Engineer, Harbormaster, Museums, Cultural Arts & Archives Manager, Parks Operations Manager, Administrative Analyst (Housing), Senior Engineer ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:05 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. Acting City Clerk Klein took the roll. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Presented proclamations to service members Sergeant Alexander Herold and Airmen 1st Class Taylor Motta received proclamations from the City Council and each made brief comments. Petty Officer 1st Class Katharine Brauer and Specialist Alisha Jefferson could not be present for the meeting. PUBLIC COMMENTS Mayor Roberson opened public comments and received none. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Items and received none. Councilmember Smith said that he would abstain from Item 9, Assessment District for Calle Principal, due to a property ownership conflict.  City Council Minutes February 4, 2020 On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS, with Councilmember Smith abstaining on item 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) Award of Construction Contracts 2. Authorize an Appropriation of $128,000 from the Marina Fund and $511,000 from the Tidelands Fund and Award a Construction Contract in the Amount of $1,920,000 to Cosco Fire Protection, Inc. for the Wharf II Fire Suppression Replacement Project (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1, and Section 15331, Class 31) ***CIP*** Action: Adopted Resolution No. 20-012 C.S. Ordinances 3. 1st Reading by Title Only of an Ordinance Amending Monterey City Code Sections 37-10, 37- 11 and 37-13 to Make Appeals of City Forester Tree Permit Decisions Heard by the Appeals Hearing Board and Updating References to Current City Department Titles Action: Passed Ordinance to Print 4. Second Reading of an Ordinance to Add Chapter 32, Article 8 Encroachments by Communication Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) - Continued from January 21, 2020 Action: Adopted Ordinance No. 3609 C.S. Resolutions 5. Authorize City Manager to Execute Agreement with California State Parks Division of Boating & Waterways to Accept a $32,000 Grant from the Surrendered and Abandoned Vessel Exchange Program and Authorize an Increase in FY20 Budget Revenues and Appropriation by $32,000 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-013 C.S. 6. Authorize the City Manager to Enter into an Agreement with the Monterey Bay Air Resources District, Amend Resolution 19-116 to Include the Munras/Foam Corridor Traffic Signal Adaptive System, and Authorize an Increase of FY20 Revenue and Appropriation of $382,032 to the Capital Project Fund, Munras/Foam Corridor Adaptive Traffic Control Project ***CIP/NCIP**** (Exempt from CEQA per Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 20-014 C.S. 7. Authorize Application for, and Receipt of, CalHome Program Grant Program Funds, and the Execution of a Standard Agreement if Selected (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-015 C.S. 2  City Council Minutes February 4, 2020 8. Order Engineer’s Report for Fiscal Year 2020-2021 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-016 C.S. 9. Order Engineer’s Report for Fiscal Year 2020-2021 Calle Principal Maintenance District 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-017 C.S. (4-0-1, Councilmember Smith abstaining) Other 10. Receive Mayor’s Recommendations and Make Appointments to the Appeals Hearing Board, Board of Library Trustees, Building and Housing Appeals Board, Disabled Access Appeals Board, Historic Preservation Commission, Museums and Cultural Arts Commission, Neighborhood and Community Improvement Program Committee, and Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Daryl Hawkins, Stephen Millich, Kent Glenzer, and Nick Yaqub (as alternate) to the Appeals Hearing Board for terms expiring June 30, 2024; Harish Joshi to the Board of Library Trustees for a term expiring June 30, 2024; Joyce Halabi and Daryl Hawkins to the Building and Housing Appeals Board for terms expiring June 30, 2024; Daryl Hawkins and Tammy Jennings to the Disabled Access Appeals Board for terms expiring June 30, 2024; Carole Dawson, Carol O'Neil, and Jerilyn Smith-Crivello to the Historic Preservation Commission for terms expiring June 30, 2024; John Castagna, Robert Evans, John O'Neil, and Kathleen Wall to the Museums and Cultural Arts Commission for terms ending June 30, 2024; William Whipple as an alternate representing the New Monterey Neighborhood to the Neighborhood and Community Improvement Program Committee for a term ending June 30, 2024; and Donna Gibson, Kathleen Panetta, Lacy Spangler, and Christian Schmidt to the Parks and Recreation Commission for terms ending June 30, 2024 *** End of Consent Agenda *** PUBLIC APPEARANCE 11. Process for Closed Session in the Context of Property Negotiations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On consensus, asked staff to come to Council with suggestions on how to improve the closure and transparent announcement portion of closed session negotiations Councilmember Williamson read a statement from the agenda report regarding his request to discuss the process for closed sessions in the context of property negotiations. He explained that one goal of his would be to be able to explain to the public why the Council would consider a particular property negotiation. He said that he would like to be able to hear from the public regarding the responses to a Request for Proposals (RFP) before discussing in closed session. He said he would like the public to be able to know the results of a closed session matter in a transparent way at the appropriate time. On question, City Attorney Davi explained the purpose of closed session meetings on the subject of real property negotiations. She explained the requirements of the Brown Act and the corresponding practices of the City to ensure compliance. She clarified that discussions about 3  City Council Minutes February 4, 2020 use of land or properties must be held in public, whereas price, terms, and parameters in negotiating are confidential. She stated that the Fort Ord RFP language promised confidentiality, which she said is standard practice in development agreements and proposals, but could be modified for future RFPs. It was suggested by Council that there may be an opportunity to announce results in a different way from current practice. Mayor Roberson opened public comments and received none. The Council discussed the matter. It was suggested that a term sheet or staff summary regarding negotiations could appear in the next Council agenda packet as a way to be more transparent to the public. It was suggested that next time the Council meets on property negotiations, input could be gathered on how we can communicate the information differently. It was suggested that staff could come to Council with suggestions on how to improve the closure and transparent announcement portion of closed session negotiations. 12. Adopt an Interim Urgency Ordinance Adopting a Temporary Moratorium on Commercial Cannabis Activity in All Zoning Districts in the City with a Limited and Temporary Exception for Cannabis Laboratory Testing at 31 Upper Ragsdale Drive (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3610 C.S. City Attorney Davi gave the staff presentation and stated that the urgency ordinance will require a 4/5 vote. She explained how the moratorium may be extended in the future if desired. She answered Councilmembers' questions. Mayor Roberson opened public comments. Marlene Perfecto-Huckelbery asked a clarifying question and Mayor Roberson gave a brief overview of the matter. The Council discussed the matter. It was stated that it is important to give staff enough time to research and present a new ordinance, and that the approval at hand is to support the moratorium on further permits. It was suggested that the Council specify and narrow the scope of what the City wants; it was stated that security is the Council’s main concern. It was questioned whether the City is in a position to regulate health or worker protection better than OSHA or environmental better than state environmental agencies. It was stated that the use permit should allow local, prompt policing in response to concerns. It was stated that facility security, including any impact on neighboring businesses, should be addressed. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Ordinance No. 3610 C.S. to Temporarily Prohibit Cannabis Laboratory Testing: 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 Albert shared that the Monterey High School has a new resource center for students in need. 4  City Council Minutes February 4, 2020 Councilmember Smith said he would head to Sacramento for Legislative Day for transportation agencies. He said he would travel to San Antonio for a defense communities event in the next week. He welcomed all to Monterey Peninsula for the AT&T golf tournament. Councilmember Haffa shared that Fort Ord Reuse Authority (FORA) is meeting weekly in a study group to work on the question of how to manage the habitat when FORA sunsets. He spoke about the City’s responsibility to manage the habitat at its former Fort Ord property. He said that a potential habitat-related joint powers authority (JPA) may come forward in the next few months. Councilmember Williamson said that that the State was conducting testing at Pure Water Monterey and water would start pumping into the aquifer in the next few days. CITY MANAGER REPORTS City Manager Uslar invited all to a miniature golf event, February 6 through 9, to raise funds for the Monterey 250 celebration. He said that the Presidio's childcare center has opened, and praised the City's building maintenance and property management staff for their hard work getting the building ready. He shared that the 15th annual Wine and Chocolate event would be held at the Monterey Library on February 21. He said that vote by mail ballots could be dropped off at the Monterey Library. ADJOURNMENT The Council adjourned at 5:03 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 5