Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 17, 2020 4:00 PM 7:00 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, Human Resources Director, Property Manager, Fire Chief ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. Assistant City Manager Rojanasathira took the roll. Present in person were Councilmembers Albert and Smith, City Manager Uslar, Assistant City Manager Rojanasathira, City Attorney Davi, and Police Chief Hober. Mayor Roberson and Councilmembers Haffa and Williamson were present by videoconference pursuant to Governor Newsom's Executive Order N-25-20. The remaining listed attending staff also attended remotely. PUBLIC COMMENTS Mayor Roberson opened public comments on matters not on the agenda. Nina Beety, citing health concerns, spoke against the AT&T Firstnet at the Hyatt Regency and said the City must cancel its contract with AT&T. William Kuzmin spoke about community and crime issues in the homeless population, and asked the City to consider opening all of its public parks and facilities to allow safe parking for living purposes. CONSENT ITEMS Mayor Roberson opened public comment on the Consent Items. Nina Beety spoke about Items 8, 9, 14, and 16. On Item 8, she expressed concern over what she described as a morphing away from the original intent of the City's contract relationship with the military, and asked thta the focus return to streets, sewers, sidewalks, and streetlights in terms of services provided. On Item 9, she described the proposed program as preferential treatment not available to Monterey's non-military residents, and asked for regular people to receive a discount. On Item 14, she said that the program is specifically targeted for military spouses and weighted to the detriment of local residents. On Item 16, citing environmental and climate-related concerns and fiscal impacts to tourism, she spoke against the widening of Highway 156. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, and registered a no vote from Councilmember Williamson on item 6: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes March 17, 2020 Approval of Minutes 1. February 18, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5, Section 15061) Action: Approved 2. March 3, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 3. Approve a Supplemental Appropriation of $48,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to the Scholze Park Wall & ADA Phase 2 Project Account and Award a Construction Contract in the Amount of $297,650 to The Don Chapin Co., Inc. for the Scholze Park Wall & ADA Phase 2 Project ***NCIP*** (Exempt from NEPA pursuant to 24 CFR 58.34(a)(12) and Exempt from CEQA per Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 20-024 C.S. 4. Award a Construction Contract in the Amount of $332,211 for the Elk Run/ Deer Forest Dr. Bulbouts and Mule Deer Way Resurfacing Project (Exempt from CEQA Requirements Per Article 19, Sections 15301, Class 1) ***NCIP*** Action: Adopted Resolution No. 20-025 C.S. 5. Award a Construction Contract in the amount of $623,948 for Pine Street 800 Block Storm Drainage Improvements, Hawthorne/Irving Bulbouts and Hawthorne/McClellan Bulbouts Project (Exempt from CEQA Requirements Per Article 19, Sections 15301, Class 1) ***NCIP*** Action: Adopted Resolution No. 20-026 C.S. Ordinances 6. 2nd Reading - Ordinance Amending Provisions of the Administrative Citations Code Pertaining to the Advance Deposit Hardship Waiver (City Code section 1-9.55) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3612 C.S. (4-1, Councilmember Williamson voting no) Resolutions 7. Authorize the Purchase of One (1) New Harbor Operations Boat in the amount of $141,734 from Metal Shark Boats LLC (Not a project under CEQA Article 20, Section 12378 and under General Article 5, Section 15061) Action: Adopted Resolution No. 20-027 C.S. 8. Amend Resolution 14-224 and Authorize an Amendment to the Energy Management Maintenance Service Agreement for Defense Human Resources Activity Enterprise Operations Center (DEOC) with Honeywell Building Solutions by Extending the Agreement Until June 30, 2020 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** Action: Adopted Resolution No. 20-028 C.S. 2  City Council Minutes March 17, 2020 9. Authorize the City Manager to Enter into an Agreement with the Commander, Navy Region Southwest, to Provide Swimming and Facility Access at the Monterey Sports Center for Naval Support Activity Monterey and Tenant Command Active Duty Personnel (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-029 C.S. 10. Authorize a Supplemental Appropriation from the Parking Fund Ending Balance of $435,000 for the Cannery Row Elevator Enclosure Project (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) ***CIP*** Action: Adopted Resolution No. 20-030 C.S. 11. Amend Resolution 15-215 Revising the Master Fee Schedule to Adjust Veteran’s Memorial Park Campground Fees in the Parks and Recreation Department (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-031 C.S. 12. Adoption of Debt Management Policy and Disclosure Procedures (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-032 C.S. Other 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 300; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Iryna Hernandez (Sweetock Fine Chocolates and Gifts); Under Negotiation: Price and Terms for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Kimberly Cole and Janna Aldrete 14. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting AB 2185 (Patterson) Professions and vocations: applicants licensed in other states: reciprocity (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor to sign the letter supporting AB 2185 (Patterson) 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Christopher Makowski; Under Negotiation: Terms and Conditions for New License Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Kimberly Cole and Janna Aldrete 16. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting SB 1231 (Monning) Support State Route 156 West Corridor Project: Legislation that Improves Safety and Protects the Santa Cruz Long-Toed Salamander (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor to sign the letter supporting SB 1231 (Monning) *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda The City Council adjourned to the Ocean View Community Services District Meeting. 3  City Council Minutes March 17, 2020 17. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Director Roberson opened public comments. Bob Faulis, Ruby Falls Fund, gave an update regarding the status of legal proceedings and development with regard to the Ocean View Plaza Project. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the Ocean View Community Services District received the Quarterly Report: 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 City Council Meeting The Directors adjourned to the City Council Meeting. PUBLIC HEARING 18. An Ordinance Extending a Moratorium on Commercial Cannabis Activity in All Zoning Districts in the City until February 4, 2021 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. 3613 C.S. City Attorney Davi gave a brief report on the existing moratorium and the recommendation to extend it, and answered Councilmembers' questions. The Council discussed the matter. Concern was exoressed about the existing economic crisis and future uncertainty, and it was requested to have a conversation about how long to wait and whether waiting until February 2021 is the right decision. It was stated that the cannabis industry could develop local jobs at a time when residents have lost jobs. On question, City Attorney Davi said that the existing business on Upper Ragsdale Drive can be up and running after they sign paperwork with the City and the State. She clarified that February is as far out as possible, and that a sooner date can be selected if practical given staff's capacity. City Manager Uslar said that the moratorium extension relates to regulation of other businesses of this nature. He said that his understanding is that no other labs are in line for this kind of work and that there are 33 or so similar labs elsewhere in the State. Mayor Roberson opened public comments, and received none. The Council further discussed the matter. It was noted that this extension is necessary to give an appropriate amount of time for the required staff work. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Ordinance No. 3613 Extending a Moratorium on Commercial Cannabis Activity in All Zoning Districts in the City with 4  City Council Minutes March 17, 2020 a Limited and Temporary Exception for Cannabis Laboratory Testing at 31 Upper Ragsdale Drive: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 19. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to COVID-19 (Coronavirus) (Not a Project Under CEQA per Article 20, Section 15378(b)(5)) Action: Adopted Resolution No. 20-033 C.S. City Manager Uslar reported on his emergency proclamation issued on March 13, 2020, and the need to change practices and operations in order to "flatten the curve" of the spread of COVID- 19 and the novel coronavirus. He shared the City's actions to ensure continuity of its operations. He stressed that public safety would not be jeopardized, and reported on the operations of the City's Emergency Operations Center (EOC). He spoke about a "Reach Out" program to make sure seniors and other vulnerable people do not fall through the cracks. He said that recently retired Fire Captain Roger Reed is back assisting in the EOC, and that there is a daily media briefing from the City. He reported on City staff who are telecommuting to get their work done. He said that the next stage will be working on the City's economic recovery. On question, he provided available information about the new order by Monterey County for its residents to shelter in place. The Council discussed the matter. On question, City Manager Uslar said that he and other City leaders are in constant, close communication with the military's local commanding officers. He said that the Governor issued clear directions on the same subject. He said that staff is following discussions about eviction protections and trying to determine what value the City can add to the strict guidelines already in place, and will bring forward recommendations to Council as necessary. He said that traffic closures have not been discussed. It was noted by Council that the proclamation should be updated to outline updated information such as park closures and the shelter in place restrictions. It was stressed that people need to take care of each other and show leadership. It was requested that the City help get the word out about future planned drive-through COVID-19 test sites, and to collaborate with 2-1-1 on response to residents. It was stressed that residents can use 2-1-1 as a resource instead of overloading 9-1-1 with non-emergency calls. It was requested to bring eviction protections to Council for discussion soon. On question, Police Chief Hober said that there are not drive-through tests at CHOMP and that people should not go to CHOMP to be tested unless they are symptomatic. He said that schools are working on how to get food to students. Mayor Roberson added that some schools are providing educational materials and homework to children along with food. Mayor Roberson opened public comment. William Kuzmin said that the homeless population has been left out of the emergency planning, and asked for safe parking, camping, and showers at City facilities. He said that the Ninth District Court has ruled that City-based regulations disallowing living in cars are not constitutional. Bob Faulis spoke about the impact to the economy and said emergencies need to be declared to get federal funding. Assistant City Manager Rojanasathira read aloud a public comment emailed by Kamran Tehranchi urging the 5  City Council Minutes March 17, 2020 City to deploy measures to protect its citizens from negative economic impacts induced by the COVID-19 crisis. The Council continued to discuss the matter. Concerns were shared regarding how people will be housed, and how to avoid evictions and foreclosures. It was requested to learn what other actions staff thinks the City can take. City Manager Uslar said that part of the recognition of vulnerable communities is the homeless population and said that the City is looking actively at how it can best help. He referred to an action taken earlier in the day that allowed dozens of women and men to stay in housing, and said that handwashing stations are needed and at least one is planned. City Attorney Davi reported on an emergent press release that the Monterey County courts have closed, which she said may help with stopping evictions. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20-033 C.S. Ratifying the City Manager’s Proclamation of a Local Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to COVID-19 (Coronavirus): AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 20. Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 20-034 C.S. Human Resources Director Hauck gave a brief staff presentation. Mayor Roberson opened public comments and received none. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 034 C.S. to Authorize Amendment to City Attorney 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) 21. Adopt a Resolution Approving the Form and Authorizing the City Manager to Execute a Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-035 C.S. Finance Director Lai gave the staff presentation and answered Counclimembers' questions. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council Adopted Resolution No. 20- 6  City Council Minutes March 17, 2020 035 C.S. Approving the Form and Authorizing the City Manager to Execute a Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corporation: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 22. Authorize the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus for One (1) Type 1 Replacement Fire Engine at a Cost Not to Exceed $705,000 and Utilize Financing via the Banc of America Public Capital Corporation Master Equipment Lease/Purchase Agreement and Appropriate an Additional $705,000 from the Equipment Replacement Fund for this Purchase (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-036 C.S. Fire Chief Panholzer gave the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment and received none. The Council discussed the matter. Concern was raised regarding the uncertain nature of the economy. It was asked that the Council discuss in the future how to allocate funding to the vehicle fund so that funding will already be aside for vehicles for use as needed. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council Adopted Resolution 20- 036 C.S. to Authorize the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus for One (1) Type 1 Replacement Fire Engine at a Cost Not to Exceed $705,000 and Utilize Funds from the Master Lease for this Purchase: 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 The Mayor and Councilmembers all thanked City staff for taking a leadership role during this COVID-19 crisis. Councilmember Albert reported on Monterey-Salinas Transit (MST)'s recent stoppage of bus service to the Defense Language Institute, and said that per a new agreement, 50% of service will return in a few weeks. He said that he and the Mayor attended a Monterey Jazz Festival function, and said that the Next Generation competition will be an online competition now and may return next year. Councilmember Smith said he looks forward to normalcy returning. He urged all to talk to each other and not get too anxious, and said that this crisis will pass quickly. Councilmember Williamson said that things may not return to normal as soon as we would like, and urged everyone to be good team members to make the challenge easier. 7 City Council Minutes March 17, 2020 Councilmember Haffa said that we will get through this together and that we need to be understanding, kind, and gracious. He asked people who can work remotely to please do so. Mayor Roberson shared examples of caring leadership in the community. CITY MANAGER REPORTS City Manager Uslar spoke with pride about the City of Monterey employees and their teamwork during the crisis. *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened public comments on the closed session and received none. The Council adjourned to closed session at 6:07 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2), (e)(3), Anticipated Litigation, Significant Exposure to Litigation (Six Claims dated January 20, 2020 from: (1) Habib Behi, (2) Christa Behi-Semple, (3) William Harder, IV, (4) Lisa Lucas, (5) Marie Waxman, and (6) John Harder, pertaining to death of Joy Judd) (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council denied the claims cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck, Nat Rojanasathira, Gina Russo; 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 cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 601 Wave Street, Suite 300 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Iryna Hernandez (Sweetock Fine Chocolate and Gifts) Under Negotiation: Price and Terms for Lease Extension Action: On a unanimous roll call vote, the Council gave confidential direction to their real property negotiators cs4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Christopher Makowski Under Negotiation: Terms and Conditions for New License Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061 Action: On a unanimous roll call vote, the Council gave confidential direction to their real property negotiators cs5. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3), Related to Notice of California 8  City Council Minutes March 17, 2020 Voting Rights Act Violation by Rick Heuer, Richard Ruccello, and Thomas Rowley received on March 4, 2020. Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 9