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Council Regular Meeting

Regular Meeting

Monterey, CA · May 5, 2020

AgendaMinutesPacket

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 5, 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, Parks and Recreation Director, Acting City Clerk, Human Resources Director, Dir. of Information Resources/City Clerk, Library Director, Deputy Human Resources Manager, Assistant Finance Director, Fire Chief 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. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Mayor Roberson opened public comments. Assistant City Manager Rojanasathira provided information about how to participate by calling in to give public comment on the live web meeting. No public comments on items not on the agenda were received. CONSENT ITEMS City Manager Uslar stated that Item 5 had been requested to be pulled from the Consent Items. Councilmember Smith recused himself from the matter regarding the Calle Principal Maintenance District. 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 approved the CONSENT ITEMS, except Item 5, and with Councilmember Smith recused from Item 3 (Calle Principal Maintenance District): 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 City Council Minutes May 5, 2020 1. April 21, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 2. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-054 C.S. 3. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-055 C.S. (4-0-1, Councilmember Smith recused) 4. Enter Into An Agreement with the YWCA Monterey County To Accept $22,142.00 for Domestic Violence Response Team Services in 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-056 C.S. 5. Adopt a Resolution Accepting the General Plan Annual Report for Submission to the Office of Planning and Research and the Department of Housing and Community Development (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 20-057 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. It was encouraged by Council that members of the public read through all pages of the annual report. It was requested that staff look into finding out how many formerly short-term rental units are now being used as regular housing. On question, City Manager Uslar said that approximately 200-230 units were previously on the City's radar as short-term rentals and now the number is closer to 50-70 with active enforcement. On question, Community Development Director Cole said that she would look at including the Downtown Specific Plan in the annual report. Mayor Roberson opened public comments. Zoe Carter, Architectural Review Committee chair, highlighted an increase in Accessory Dwelling Units (ADUs) in Monterey. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 057 C.S. Accepting the General Plan Annual 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) 2 City Council Minutes May 5, 2020 6. Authorize an Amendment to the Certified Water Distribution and Disinfection Contract (Ag- 8177) with Craig Taylor to Increase the Agreement Amount from $39,999 to $65,000 for the Current Fiscal Year, Increase the Agreement Amount in Fiscal Year 2020-2021 from $39,999 to $85,000 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** Action: Adopted Resolution No. 20-058 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 7. 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 City Manager Uslar gave the staff presentation and answered Councilmembers' questions. It was requested by Council to learn about existing future bookings for the Monterey Conference Center. It was noted that, in a past survey, residents have prioritized libraries and recreation. It was noted that an advisory vote of the people determined that the City would subsidize operations of the Monterey Sports Center. 8. Authorize the Mayor to Sign a Letter on Behalf of the City Council to Governor Newsom and the State Legislature to Establish a $7 Billion Revenue Stabilization Fund for California Cities (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 as amended Assistant City Manager Rojanasathira gave the staff presentation. Mayor Roberson opened public comments and received none. The Council discussed the matter. On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council Authorized the Mayor to Sign a Letter on Behalf of the City Council to Governor Newsom and the State Legislature to Establish a $7 Billion Revenue Stabilization Fund for California Cities. A friendly amendment was proposed to add to the letter that City of Monterey has an important history, was the site of the signing of the first California Constitution, and is currently celebrating its 250th year. The amendment was adopted by the mover and seconder. The motion carried 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) 3 City Council Minutes May 5, 2020 9. Resolution to Temporarily Amend the Salary Schedule and Delay Implementation of Negotiated Salary Increase for Employees Represented by the Monterey Executive Management Employees of Monterey (MEMEA) and Confidential Department Heads (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-059 C.S. Human Resources Director Hauck gave the staff presentation and explained that the employee groups hope that their concessions will be used to fund the $1,000 severance payments for the affected employees who were laid off. Mayor Roberson opened public comments. Laura Pratt, General Empoyees of Monterey (GEM), said that the City Council cannot continue to balance the City's budget on the back of its lowest paid employees, and suggested that an increase to the Transient Occupancy Tax be placed on the November, 2020 ballot. With no further comments, Mayor Roberson closed public comments. The Council discussed the matter and thanked the employee groups for stepping forward to assist during trying times. 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. 20-059 C.S. to Temporarily Amend the Salary Schedule and Delay Implementation of Negotiated Salary Increase for Employees Represented by the Monterey Executive Management Employees of Monterey (MEMEA) and Confidential Department Heads: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCILMEMBER REQUESTS TO AGENDIZE NEW MATTERS 10. 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: Directed staff to agendize the matter on a future agenda (4-1, Councilmember Smith voting no) Councilmember Williamson gave a brief presentation, stating that Monterey Bay Economic Partnership (MBEP) provides many resources and is an obvious partner in the City's efforts toward increasing housing and financial sustainability. Mayor Roberson opened public comments and received none. Council requested information on membership benefits of MBEP, the cost, and the City's history of membership. It was requested to know whether the City can be a participant in MBEP without monetary contributions. It was stated that a vote against agendizing was due to an inclination not to spend the money or rejoin MBEP. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council directed staff to agendize a 4 City Council Minutes May 5, 2020 discussion about the City rejoining as a member of the Monterey Bay Economic Partnership (MBEP): AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5 City Council Minutes May 5, 2020 COUNCIL COMMENTS Councilmember Smith said that residents appreciate the work of City staff. He said that reopening boat launching is a high priority. It was suggested that, as the region reopens, City staff participate in marketing Monterey as a leisure travel location for California travelers. Mayor Roberson read aloud from a letter from the Library Board of Trustees. He said that the Council looks forward to working with residents and employees to find solutions to the current crises. CITY MANAGER REPORTS None were made. *** 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 5:33 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs 1. Conference with Legal Counsel - Anticipated Litigation - Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 (Two Cases) Action: In the first matter, direction was given to legal counsel by unanimous roll call vote to participate in a legal action, and the action, the defendant, and the other particulars shall, once formally commenced, be disclosed to any person upon inquiry. In the second matter, confidential direction was given to legal counsel on a unanimous roll call vote. cs 2. Conference with Legal Counsel - Existing Litigation Pursuant to Government Code section 54956.9(d)(1) Name of Case: LAFONTAINE, RAY vs. City of Monterey (Workers' Compensation Appeals Board No. Unassigned) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 6

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, May 5, 2020 Tyller Williamson, Councilmember 4:00 PM – 6:30 PM City Manager Monterey, California Hans Uslar IMPORTANT NOTICE: Pursuant to Governor Newsom's Executive Orders N-29-20 and N-33-20, and to do all we can to help slow the spread of COVID-19 (coronavirus):  Meetings of the Monterey City Council and its Boards and Commissions will be conducted with virtual (electronic) participation only. Members of the public may watch the live stream of the City Council and Boards and Commission meetings at https://www. youtube.com/cityofmonterey (up to 10 second delay) or on television on Channel 25 (up to 90 second delay). The YouTube live stream has the shortest delay and is recommended for anyone wishing to provide public comment (see details below).  BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cityclerk@monterey.org from an email account or a cell phone's texting app until ½ hour before the start of the meeting. These emails and text messages will be shared with the Council or relevant Board or Commission prior to the start of the meeting, but will not be read aloud during the meeting. All comments received will become part of the record.  DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act. To provide public comment: o Please follow along with the meeting on the YouTube live stream, as it has the shortest delay, and only call when the public comment period is announced. o When the public comment period is announced, call the telephone number that will be provided on-screen and announced by the Mayor. Enter the conference room number, then #. o You will be muted upon joining the call. o Enter *5 to "raise your hand." When it is your turn to speak, you will be unmuted. Please remember to turn the sound off on your television or computer when it is your turn to talk (or as soon as you call in). Leaving your television or computer on will cause interference with the broadcast and the audience will not be able to hear you. o Between comment periods, please hang up the phone. If you wish to comment on another item, please call back when the public comment period is announced.  The frequency and length of public meetings will be minimized. Non-urgent and non- essential City business with expected public feedback will be postponed. ***Afternoon Session Only *** 4:00 - 6:30 p.m. CALL TO ORDER 5/5/2020 4:00:00 PM PLEDGE OF ALLEGIANCE 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 using the method described in the Important Notice regarding COVID-19 at the top of the agenda. 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 1. April 21, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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." 2. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 3. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4. Enter Into An Agreement with the YWCA Monterey County To Accept $22,142.00 for Domestic Violence Response Team Services in 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 5. Adopt a Resolution Accepting the General Plan Annual Report for Submission to the Office of Planning and Research and the Department of Housing and Community Development (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 6. Authorize an Amendment to the Certified Water Distribution and Disinfection Contract (Ag-8177) with Craig Taylor to Increase the Agreement Amount from $39,999 to $65,000 for the Current Fiscal Year, Increase the Agreement Amount in Fiscal Year 2020-2021 from $39,999 to $85,000 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** *** End of Consent Agenda *** 2 5/5/2020 4:00:00 PM 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. 7. 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) 8. Authorize the Mayor to Sign a Letter on Behalf of the City Council to Governor Newsom and the State Legislature to Establish a $7 Billion Revenue Stabilization Fund for California Cities (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 9. Resolution to Temporarily Amend the Salary Schedule and Delay Implementation of Negotiated Salary Increase for Employees Represented by the Monterey Executive Management Employees of Monterey (MEMEA) and Confidential Department Heads (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) COUNCILMEMBER REQUESTS TO AGENDIZE NEW MATTERS Council may request to agendize a matter of business on a future agenda (G.C. 54954.2). 10. 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) 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, or request staff to report back to the body at a subsequent meeting concerning any City matter. 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. *** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 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 3 5/5/2020 4:00:00 PM items such as "Public Appearance" and "Public Hearings." Comment may be made via the method described in the Important Notice (re: COVID-19) at the top of the agenda. Writings distributed for discussion or consideration on these matters within 72 hours of the meeting, pursuant to Government Code § 54957.5, are available at the following link: https://monterey.org/SubmittedComments 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). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and 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 the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device. Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 4

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