Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 7, 2020 4:00 PM 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, Dir. of Information Resources/City Clerk, Principal Planner, Administrative Analyst (Housing), Assistant Finance Director, Fire Chief, Deputy Human Resources Manager Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting was conducted with telephonic/video participation only by all parties. ***Afternoon Session Only *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. and provided an explanation of the telenconference nature of the meeting due to the Governor's Executive Order. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened public comments. Acting City Clerk Klein read aloud a written comment received from Lorna Moffat referring to coronavirus and karma, and requesting that the City let monarch butterflies and Canadian geese thrive. CONSENT ITEMS Mayor Roberson said that a member of the public requested that Item 7 be pulled from the Consent Items. 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 approved the CONSENT ITEMS 1 through 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 April 7, 2020 2  City Council Minutes April 7, 2020 Approval of Minutes 1. March 17, 2020 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 2. March 25, 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. Award a Construction Contract in the Amount of $506,780.00 to Golz Construction, Inc. for Citywide Curb Ramp Project, Phase 2 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure S*** Action: Adopted Resolution No. 20-037 C.S. 4. Award a Construction Contract in an Amount Not to Exceed $1,031,500.00 to Aquatic Environments for the Detention Basin Dredging - Washerwoman's and Lagunita Mirada (33c1554) and Ryan Ranch Basins (33c1319) Project (Mitigated Negative Declaration) ***CIP*** Action: Adopted Resolution No. 20-038 C.S. Resolutions 5. Approve Resolution Declaring Canvass of Returns and Results – Consolidated General Municipal Election March 3, 2020 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 20-039 C.S. 6. Amend Resolution No. 17-064 C.S. Professional Services Agreement for Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves with COWI North America, Inc. and Appropriate $98,000 of Tideland Funds (Mitigated Negative Declaration Previously Adopted) ***CIP*** Action: Adopted Resolution No. 20-040 C.S. 7. Amend Resolution 19-116 for the Capital Improvement Program to Include the Police Department and Fire Station No. 11 Perimeter Fence Improvements Project and Appropriate $65,000 from the CIP Contingency Project ***CIP*** (Not a Project under CEQA per Article 19, Sections 15303, Class 3) Action: Pulled from Consent; Adopted Resolution No. 20-041 C.S. City Manager Uslar and Police Chief Hober briefly presented the item and answered Councilmembers' questions. It was suggested by Council that the fence design should be well suited to the character of Monterey. It was stated that it would be ideal to have a deeper discussion about the capital improvements needed to the facility in general. City Manager Uslar said that a fence of the quality of the Naval Postgraduate School fence is not financially feasible at the proposed cost. Mayor Roberson opened public comments. Acting City Clerk Klein read aloud written public comment received from Esther Malkin supporting the project and urging the City to heed the recommendations of the 2018 Grand Jury. 3  City Council Minutes April 7, 2020 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- 040 C.S. to Amend Resolution 19-116 for the Capital Improvement Program to Include the Police Department and Fire Station No. 11 Perimeter Fence Improvements Project and Appropriate $65,000 from the CIP Contingency Project ***CIP***: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** PUBLIC APPEARANCE 8. Adopt a Memorandum of Understanding with the Monterey Police Association (MPA) and Authorize an Appropriation of Funds (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-042 C.S. Human Resources Director Hauck gave a brief report. On a motion by Councilmember Williamson, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 042 C.S. to Adopt a Memorandum of Understanding with the Monterey Police Association (MPA) and Authorize an Appropriation of Funds: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Adopt a Memorandum of Understanding with the General Employees of Monterey and Authorize an Appropriation of Funds (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 20-043 C.S. as amended Human Resources Director Hauck gave a brief report and said that a typo referring to the Management Employees of Monterey (MEA) would be corrected. City Attorney Davi pointed out a typo in the positions listing in the resolution, that she said should be corrected. Mayor Roberson opened public comments. Acting City Clerk Klein read aloud a written comment received from Ryan Heron, GEM/UPEC 792, alleging inequities in the Memorandum of Understanding (MOU). City Manager Uslar made a statement in response to public comment received from Mr. Heron. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 043 C.S., as amended, to Adopt a Memorandum of Understanding with the General Employees of Monterey (GEM) and Authorize an Appropriation of Funds: 4  City Council Minutes April 7, 2020 AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 10. Adopt a Memorandum of Understanding with the Monterey Fire Fighters' Association and Authorize an Appropriation of Funds (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 20-044 C.S. Human Resources Director Hauck gave a brief report. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 044 C.S. to Adopt a Memorandum of Understanding with the Monterey Fire Fighters' Association (MFFA) and Authorize an Appropriation of Funds: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. City Manager Report on COVID-19 Response Efforts (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received report, discussed, provided direction to staff City Manager Uslar gave a presentation recounting some of the milestones in the local and Statewide response to the COVID-19 emergency. He shared actions that the City is taking to encourage residents and businesses to comply with the Shelter in Place order. He addressed the ways the City is helping the homeless community during this time. He shared the City's priorities, including continuing essential City operations, and working on economic recovery operations together with community partners. He shared next steps expected to be brought to Council at the second April, 2020 meeting, and steps that are being considered for the City's future stimulus plan. He answered Councilmembers' questions. The Council discussed the matter. It was stated that whether a business has considered their own workforce should be a criterion for stimulus assistance, and that the City should not give money to a business that has laid everyone off, but should help businesses that will bring back a certain percentage of their workforce. It was urged to focus on smaller businesses and local businesses, who need the help the most, and that the City should work with collaborative partners. Regarding rental assistance, it was stated that the first priority should be local workers who live in Monterey and work in Monterey. It was stated that there should be means testing and screening criteria for eligibility to help those most in need. Support was expressed for using the NCIP funding for the current year as well as the next year for the City's budget and the stimulus program. It was suggested that the City support HR 6314, the Emergency Rental Assistance Act of 2020. It was asked what will happen when funds are exhausted and there are still people in need. Mayor Roberson opened public comments. Acting City Clerk Klein and Assistant City Manager Rojanasathira read aloud written public comments received from Mark Roth, urging that the Recreational Trail remain open; from Pattee and Carlin Jardine asking that parks not be opened 5  City Council Minutes April 7, 2020 for Easter; from Kevin Dayton, Monterey Peninsula Chamber of Commerce, expressing appreciation for the City's team approach; and from Esther Malkin, asking if landlords would contribute to rental assistance and saying rents should be frozen. City Manager Uslar briefly responded to concerns expressed about restrictions on the Recreational Trail. The Council recessed at 5:51 p.m. and reconvened at 6:00 p.m. It was suggested by Council that a program for future economic downturns should be established now. 12. Update on Adopted Urgency Ordinance to Temporarily Prohibit Residential and Commercial Evictions Related to COVID-19 and Governor Gavin Newsom’s Executive Orders Related to Evictions (Exempt from CEQA, Guidelines 15061(b)(3)) Action: Received update Housing Analyst Leonard provided an update regarding the City's urgency ordinance to prohibit residential and commercial evictions related to COVID-19, and the Governor's executive order N-37-20. He shared in which cases the City's ordinance takes precedence and in which the Governor's order takes precedence. City Attorney Davi shared new judicial guidance that provide broader eviction protections. Mayor Roberson opened public comments. Acting City Clerk Klein read aloud written comment received from JoNina Meyers urging Council to focus on solutions to the crisis such as financial assistance to tenants or to landlords who are deferring rent. 13. Adopt a Resolution Specific to City-Owned Properties Creating a Rent Deferral Program for Commercial Tenants Leasing Space from the City During the COVID-19 Crisis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-045 C.S. as amended Property Manager Aldrete gave the staff presentation, presenting the current situation with regard to City-owned properties and their tenants and leases. She shared the projected impact of the proposed rent deferral program to the City's general fund and other funds. She discussed amendments to the resolution that are proposed by staff. She said that two of the highest tenants have been able to pay their rent and have indicated they will be able to do so in April and May. She answered Councilmembers' questions. Mayor Roberson opened public comments. Acting City Clerk Klein and Assistant City Manager Rojanasathira read aloud written comments received from Susan Britton, Michael Houston, and Ellen Martin, First Night Monterey, asking for rent forgiveness for non-profit tenants; and from Esther Malkin, urging a freeze on rent increases. The Council discussed the matter. On question, City Manager Uslar said that rent forgiveness would be considered a gift of public funds, and said that the appropriate findings would have to be made in order to do so. City Attorney Davi said that such gifts would need to be considered on a case by case basis and would not be recommended. It was commented by Council that the rent deferral would be spaced over a reasonable period of time to allow the tenants to be active in commerce to bring in the revenue needed to pay. It was stated in support of the resolution that this is a legally permissible way to help the City's tenants. 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 20-045 6  City Council Minutes April 7, 2020 C.S., as amended, Specific to City-Owned Properties Creating a Rent Deferral Program for Commercial Tenants Leasing Space from the City During the COVID-19 Crisis: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Consider Sending a Comment Letter in Response to Monterey Regional Airport Draft Environmental Assessment for Proposed Airfield Safety Enhancement Project for Taxiway “A” Relocation and Associated Building Relocations (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Approved sending a comment letter in opposition to the Monterey Regional Airport Draft Environmental Assessment; Directed staff to ask the Airport and FAA to look at non-neighborhood alternatives for access to Highway 68; Directed staff to explore the City’s powers to control traffic on Airport Road; and Directed staff to explore legal options Community Development Director Cole presented the item. Principal Planner Flower gave the staff presentation and answered Councilmembers' questions. On question, City Attorney Davi said that should the NEPA review not work favorably, it is the City's position that it would need to come back for further CEQA review because the current proposed route wasn't contemplated in the original CEQA document. She proposed submitting the comment letter and seeing what happens. It was confirmed by City Manager Uslar that the Del Rey Oaks City Council has not voted on this matter. On question, Community Development Director Cole said that the exit through Airport Road was cursorily evaluated as an alternative in the CEQA document, and the impact of emergency vehicles on the neighborhood was not fully evaluated. She said that at the minmum they should prepare an addendum to their existing CEQA document to address this change and look at the traffic studies in more detail. Principal Planner Flower said that there are problems with the traffic analysis, and clarified that the traffic is for the relocated hangars and the ARFF. The Council discussed the matter. It was suggested that the Henderson Way alternative should be mentioned in the letter. It was stated that there is no way to guarantee the Airport's assertion that it will put in hangars and eliminate leases. It was stated that it would be valuable to do further analysis on the City's authority to limit access to its residential streets. Mayor Roberson opened public comments. Acting City Clerk Klein and Assistant City Manager Rojanasathira alternated reading aloud written comments received from the following listed individuals. In opposition to, or with concerns expressed about, the Airport's proposed access through the Casanova Oak Knoll neighborhood, comments were received from: an unidentified commenter; James Gilliland; Dan Cutler; Ann Kern; Joan Reta; Michael Pekin; Louis Algaze; Duane Dykema; Wendy Milligan; Alan and Sharon Sparkman; Mike Rausch; Richard Ruccello, Casanova Oak Knoll Neighborhood Association; Eric Bernhard; Richard Jensen and Jaime Rosario; Sandra Bear; Dorothy Baumann and J. B. Borris; John Besseling; Kenneth Bear; Greg and Claudia Heydeman; Barbara Lind Hirst; Jim and Denise Franco; Mike Brassfield; Robert Yoha; Scott and Faith Dent; Kimberle Herring; Roman Barnes; Harry Christensen; Forrest Melton and Kristine Tarozzi; Jon Selbicky; Susan Nine, Monte Vista Neighborhood Association; Esther Malkin; Holly Heimer; and Mark Farina. Comment was received from Mary Ann Leffel, Monterey Peninsula Airport Board, with responses to concerns about the project. It was stated by Council that the City should encourage the Airport to adopt Northside access at Highway 68 so as not to impact Monterey or Del Rey Oaks. 7  City Council Minutes April 7, 2020 It was moved by Mayor Roberson, and seconded by Councilmember Haffa, that the City Council approve sending a comment letter in opposition to the Monterey Regional Airport Draft Environmental Assessment; Direct staff to ask the Airport and FAA to look at non-neighborhood alternatives for access to Highway 68; Direct staff to explore the City’s powers to control traffic on Airport Road; and Direct staff to explore legal options. It was urged by Council to find another solution and protect the safety of the neighborhood. It was noted that the Airport is a regional airport that impacts all cities, and stated that impacts should be shared. It was stated that it is common sense not to have traffic directed through a neighborhood when it could go through a light industrial area instead. It was requested that staff carry out a vigorous communication program to residents, in particular in the CONA area, about what has happened and what City will do to protect their neighborhood. The motion passed by the following roll call 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) REQUESTS FROM COUNCILMEMBERS TO AGENDIZE NEW MATTERS 15. Councilmember Williamson's Request to Agendize a Discussion About the City Rejoining as a Member of the Monterey Bay Economic Partnership (MBEP) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued by consensus to April 21, 2020 In the interest of time, it was determined by consensus that the matter would be continued to the next Council meeting. COUNCIL COMMENTS Not heard in the interest of time CITY MANAGER REPORTS Not heard in the interest of time. ADJOURNMENT The Council adjourned at 8:28 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8