Council Regular Meeting
Regular MeetingMonterey, CA · February 18, 2020
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, February 18, 2020
4:00 PM 7:00 PM
COUNCIL CHAMBER
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Roberson
Absent: Smith, Williamson
City Staff City Manager, Assistant City Manager, City Attorney, Community
Present: Development Director, Finance Director, Parks and Recreation Director,
Acting City Clerk, Human Resources Director, Dir. of Information
Resources/City Clerk, Sustainability Coordinator, Associate Planner,
Marina Harbor Assistant, Administrative Analyst (City Manager), Deputy
Human Resources Manager, Assistant Police Chief
***Afternoon Session Agenda ***
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:03 p.m. and noted that Councilmember Smith
and Councilmember Williamson were unable to attend this meeting.
PRESENTATIONS
1. Presentation by Fort Ord Reuse Authority (FORA) Consultants on the Proposed Habitat
Conservation Plan, Potential Joint Powers Authority Formation, Existing FORA Habitat
Management Plan, and the FORA Habitat Working Group (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation
Councilmember Haffa gave a brief introduction. Erin Harwayne, Denise Duffy & Associates,
and Kendall Flint, Regional Government Services, gave the presentation covering the Habitat
Conservation Plan, environmental review process, Habitat Working Group, and schedule for
upcoming actions. Ms. Harwayne and Ms. Flint answered Councilmembers' questions.
Councilmember Haffa spoke about ongoing discussions and considerations in the potential
creation of a transitional Joint Powers Authority (JPA).
Mayor Roberson opened public comments. Lorna Moffat urged the Council to make its Fort
Ord property into a park and leave it alone as a conservation area for rare species in perpetuity.
PUBLIC COMMENTS
Mayor Roberson opened public comments. Laura Pratt and Ryan Heron, General Employees
of Monterey, noted an upcoming factfinding meeting regarding ongoing negotiations, and asked
Council to hear the employees' requests, accept the factfinder's report, and come to a deal at
the end of the process. Molly Evans, citing safety concerns, spoke regarding the intersection
heading onto Alvarado Street near the transit plaza and asked for a three way stop with a
stoplight.
City Council Minutes February 18, 2020
Lorna Moffat, citing environmental concerns, spoke against cruise ships visiting the Monterey
Bay National Marine Sanctuary and asked the Council to contact its legislators. Daniel Alvarez,
gemstone jewelry businessperson, introduced himself to the Council. Paul O'Leary, Monte
Vista neighborhood resident, citing noise and parking concerns, referred to a petition of over
100 signatures and requested a moratorium on pickleball use at Via Paraiso Park.
CONSENT ITEMS
Mayor Roberson opened public comments on the Consent Agenda. Lorna Moffat asked for
clarification regarding Item 5.
On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the
following vote, the City Council approved the CONSENT ITEMS except Item 5:
AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
2. January 21, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General
Rule Article 5, Section 15061)
Action: Approved (3-0-2, Councilmembers Smith and Williamson absent)
3. January 29, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General
Rule Article 5, Section 15061)
Action: Approved (3-0-2, Councilmembers Smith and Williamson absent)
4. February 4, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General
Rule Article 5, Section 15061)
Action: Approved (3-0-2, Councilmembers Smith and Williamson absent)
Ordinances
5. 2nd Reading - 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: Pulled from consent; Adopted Ordinance No. 3611 C.S. (3-0-2, Councilmembers
Smith and Williamson absent)
Mayor Roberson explained the suggested changes to the appeals process regarding tree
removals. City Manager Uslar echoed Mayor Roberson's explanation and gave a brief further
explanation of the matter.
Mayor Roberson opened public comments and received none.
On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the
following vote, the City Council adopted Ordinance No. 3611 C.S. 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:
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City Council Minutes February 18, 2020
AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Resolutions
6. Authorize the City Manager to Execute a Master Agreement for the Fort Ord Regional Trail and
Greenway (FORTAG) Project with the City of Marina, City of Seaside, County of Monterey, City
of Del Rey Oaks, Transportation Agency for Monterey County, Monterey Peninsula Regional
Park District, University of California, Santa Cruz, and California State University at Monterey
Bay (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5,
Section 15061)
Action: Adopted Resolution No. 20-018 C.S. (3-0-2, Councilmembers Smith and
Williamson absent)
Other
7. Receive 2019 Healthy Eating Active Living (HEAL) Annual Report (Not a Project Under CEQA
Article 20 Section 15378 and under General Rule Article 5, Section 15061)
Action: Received report (3-0-2, Councilmembers Smith and Williamson absent)
*** End of Consent Agenda ***
PUBLIC APPEARANCE
8. Adopt a Resolution Supporting the 2020 United States Census (Not a Project under CEQA
Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 20-019 C.S. (3-0-2, Councilmembers Smith and
Williamson absent)
Administrative Analyst Punkar gave the staff presentation. Diana Malkin, United States Census
Bureau, emphasized that the census is safe, confidential, easy, and very important. She
answered Councilmembers' questions. Rosemary Soto, Monterey County Complete Count
Committee, stressed the importance of getting accurate numbers for full representation of
Monterey County.
Mayor Roberson opened public comments and received none.
On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the
following vote, the City Council adopted Resolution No. 20-019 C.S. Supporting the 2020 United
States Census (Not a Project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061):
AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
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City Council Minutes February 18, 2020
9. Amend Resolution 19-115 Authorizing Changes to the Fiscal Year 2019-20 Budget to Increase
General Fund Budget Revenues by $643,300, Increase General Fund Budget Appropriation by
$593,500, Decrease Measure P and S Budget Revenues by $200,000, Increase
Equipment/Vehicle Replacement Fund Appropriation by $80,000 and Designate $2,000,000
into the Economic Uncertainty Reserve (Not a Project under CEQA Article 20, Section 15378
and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 20-020 C.S. (3-0-2, Councilmembers Smith and
Williamson absent)
Finance Director Lai gave the staff presentation, providing an update on the FY2019-20 budget,
including general fund estimates, and requested adjustments, and recommended that Council
designate $2 million of one-time prior years savings into its economic uncertainty reserve. She
said that she would bring forward a Master Lease Purchase Agreement for financing purchases
of up to five fire apparatus in the next five years.
The Council recessed at 5:35 p.m. and reconvened at 7:01 p.m.
*** Evening Session Agenda ***
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
The Council again took up again the matter of Item 9. Finance Director Lai and City Manager
Uslar answered Councilmembers' questions. The Council discussed financing for fire
apparatus. It was stated by Council that maintaining the 16% economic uncertainty reserve
was a priority. The Council asked staff to bring to Council and the public future discussions
regarding retooling operations to address the structural deficit. City Manager Uslar said it is
happening now, but staff will bring it to Council. It was requested by Council to have further
analysis of the City's vehicle needs and the best way to finance them, and the vehicle
replacement fund. It was noted that a capitalization fund will be needed for maintenance of the
City's aging facilities.
Mayor Roberson opened public comments. Molly Evans spoke in favor of putting funds in the
economic uncertainty reserve, asked the City to look at reducing expenditures, and asked
Council to request that the budget be returned as a balanced budget. Zoe Carter asked about
firefighter overtime, the unfunded liability with CalPERS, and the backup plan if the March sales
tax doesn't pass.
John Pressley and Jeff White, Monterey County Surfrider Foundation, shared concerns related
to cruise ships in the Monterey Bay and asked the City to consider not allowing Carnival cruise
riders from disembarking and to increase docking fees. It was requested to know what
environmental impact the disembarking passengers bring. Michelle Magdalena said that if
cruise ships visit Monterey Bay, they should be designated "green" at a Sanctuary-worthy level.
She spoke against fracking. Michelle Menczkowski spoke against cruise ships, including
Carnival, visiting the Monterey Bay.
City Manager Uslar and Finance Director Lai addressed questions regarding labor negotiations
relating to Fire overtime, CalPERS unfunded liability, the deficit budget, and how the City will
react if Measure G does not pass.
The Council discussed the matter. It was stated by Council that a cost-benefit analysis for fire
apparatus would be preferable to borrowing to purchase. The possibility was raised, regarding
the second apparatus, that Council might wait until the full Council was available for the
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City Council Minutes February 18, 2020
discussion, which Finance Director Lai indicated would involve forfeiting favorable discounts
from the manufacturer. It was noted that debt incurred for fire apparatus would be against the
City's Vehicle Replacement Fund. City Manager Uslar spoke about the end-of-life of current fire
apparatuses and said that there are various alternatives available, but making the decision in
March with the full Council would be acceptable though discounts would be lost.
On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the
following vote, the City Council adopted Resolution No. 20-020 C.S. to Amend Resolution 19-
115 Authorizing Changes to the Fiscal Year 2019-20 Budget to Increase/Decrease Revenues
and Appropriations in General Fund and Other Funds and Designate Economic Uncertainty
Reserve Funds:
AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council recessed at 8:00 p.m. and reconvened at 8:11 p.m.
CONTINUED PUBLIC COMMENTS
Public comments of a general nature were heard during the public comments for Item 9.
PUBLIC HEARING (EVE)
10. Adopt Alta Mesa Historic Context Statement and Reconnaissance Survey; Exempt from CEQA
Requirements Per Article 19, Section 15308, Class 8
Action: Adopted Resolution No. 20-021 C.S. (3-0-2, Councilmembers Smith and
Williamson absent)
Senior Associate Planner Schmidt gave the staff presentation. He thanked Consultant Diane
Painter, the neighborhood association, the Historic Preservation Commission, and
neighborhood residents. He answered Councilmembers' questions.
On question, Community Development Director Cole addressed questions about noticing. It
was suggested by Council that eligible properties should have in-person contact by knocking on
doors, not just a letter. City Attorney Davi recommended following the Code requirements
regarding noticing and not going further, in the interest of being equitable.
Mayor Roberson opened public comments. Carole Dawson, Historic Preservation Commission,
spoke positively about the survey and provided Senior Associate Planner Schmidt with a few
clerical corrections to the resolution's exhibit.
On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the
following vote, the City Council adopted Resolution No. 20-021 C.S. to Adopt Alta Mesa Historic
Context Statement and Reconnaissance Survey; Exempt from CEQA Requirements:
AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 2 COUNCILMEMBERS: Smith, Williamson
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
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City Council Minutes February 18, 2020
COUNCIL COMMENTS
Mayor Roberson said he attended a few neighborhood association meetings and enjoyed the
questions about Measure G. He reported on the commission and committee meetings he has
attended recently.
CITY MANAGER REPORTS
City Manager Uslar invited all to the Chocolate and Wine event at the Monterey Public Library.
He reported that California's response to the 2010 census was a little below the national
average.
*** Adjourn to Closed Session (See additional agenda) ***
The Closed Session was not heard.
ADJOURNMENT
Council adjourned at 8:34 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, February 18, 2020 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
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.
CALL TO ORDER
PRESENTATIONS
1. Presentation by Fort Ord Reuse Authority (FORA) Consultants on the Proposed
Habitat Conservation Plan, Potential Joint Powers Authority Formation, Existing
FORA Habitat Management Plan, and the FORA Habitat Working Group (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article
5, Section 15061)
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
2. January 21, 2020 (Not a project under CEQA per Article 20 Section 15378 and
under General Rule Article 5, Section 15061)
3. January 29, 2020 (Not a project under CEQA per Article 20 Section 15378 and
under General Rule Article 5, Section 15061)
4. February 4, 2020 (Not a project under CEQA per Article 20 Section 15378 and
under General Rule Article 5, Section 15061)
2/18/2020 4:00:00 PM
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. 2nd Reading - 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
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."
6. Authorize the City Manager to Execute a Master Agreement for the Fort Ord
Regional Trail and Greenway (FORTAG) Project with the City of Marina, City of
Seaside, County of Monterey, City of Del Rey Oaks, Transportation Agency for
Monterey County, Monterey Peninsula Regional Park District, University of
California, Santa Cruz, and California State University at Monterey Bay (Not a
project under CEQA Article 20, Section 15378 and under General Rule Article 5,
Section 15061)
Other
7. Receive 2019 Healthy Eating Active Living (HEAL) Annual Report (Not a Project
Under CEQA 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.
8. Adopt a Resolution Supporting the 2020 United States Census (Not a Project under
CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
9. Amend Resolution 19-115 Authorizing Changes to the Fiscal Year 2019-20 Budget
to Increase General Fund Budget Revenues by $643,300, Increase General Fund
Budget Appropriation by $593,500, Decrease Measure P and S Budget Revenues
by $200,000, Increase Equipment/Vehicle Replacement Fund Appropriation by
$80,000 and Designate $2,000,000 into the Economic Uncertainty Reserve (Not a
Project under CEQA 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.
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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
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
PUBLIC HEARING (EVE)
PUBLIC HEARINGS are held to receive public comment on certain items pending
Council action. You are welcome to offer your comments after being recognized by the
Mayor. The Council may limit the time allocated to each speaker.
10. Adopt Alta Mesa Historic Context Statement and Reconnaissance Survey; Exempt
from CEQA Requirements Per Article 19, Section 15308, Class 8
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.
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.
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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).
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Fax: (831) 646-3793
Email: suggest@monterey.org
WebPage: http://www.monterey.org
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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
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Upcoming city meetings are listed at http://isearchmonterey.org
More information is available by calling (831) 646-3935
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