Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 16, 2020 4:00 PM 7:00 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, City Clerk, Human Resources Director, Property Manager, Library Director, Fire Chief, Assistant Finance Director, Interim Recreation and Community Services Manager, 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 Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. Assistant City Manager Rojanasathira provided details on how to phone in to the meeting to participate and provide public comment. City Clerk Klein called the roll. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters, and received none. CONSENT ITEMS The Council asked questions on Items 8 and 9, and they were answered by City Manager Uslar and Community Development Director Cole. Mayor Roberson opened public comments on the Consent Items. John said that the City should bring back full-time employees as facilities reopen. With no further requests to speak, Mayor Roberson closed public comments. 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 approved the CONSENT ITEMS except Item 13: 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 June 16, 2020 1. May 19, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 2. May 27, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. June 2, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 4. 2nd Reading - Repeal of Monterey City Code 33-29 Park and Recreation Dedication and Fees (Not a Project under CEQA per Article 20, Section 15378) Action: Adopted Ordinance No. 3615 C.S. 5. 2nd Reading - Rezone 490 Camino El Estero as a City Historic Resource from PC-D-ES to PC- D-ES-H-2 (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3616 C.S. 6. 2nd Reading - Amending Monterey City Code Section 38-107 to Require Utility Undergrounding (Exempt from CEQA Per Article 19, Sections 15202, 15304, 15305, and 15308 Classes 2, 4, 5, and 8 and Sections 15061(b)(3) Action: Adopted Ordinance No. 3617 C.S. Resolutions 7. Approve Execution of a Confidentiality and Non-Disclosure Agreement with California-American Water Company (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-080 C.S. 8. Authorize Application for, and Receipt of, Local Early Action Planning (LEAP) Grant Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Public Works - 409-02) Action: Adopted Resolution No. 20-081 C.S. 9. Authorize the City Manager to Enter Into a Joint Community Facilities Agreement with the Fort Ord Reuse Authority (FORA) to Convey Funds to the City for Habitat Management Services (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-082 C.S. 10. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-083 C.S. 11. Adopt Resolution to Establish the Fiscal Year 2020-21 Appropriation Limit (Gann Initiative) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2  City Council Minutes June 16, 2020 Action: Adopted Resolution No. 20-084 C.S. 12. Extend the Current Locals Parking Program in the Cannery Row Garage Through June 30, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-085 C.S. 13. Extend the Current Locals Parking Program in the Waterfront Lot through June 30, 2021 (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. 20-086 C.S.; Directed staff to bring back to Council in late July information on whether the Tidelands fund can supplement an extension of the locals' parking program Mayor Roberson opened public comments. Mary Alice Cerrito-Ferris, Fisherman's Wharf Association, and Wendy Brickman asked for up to four hours of free parking for locals, and two hours or more of free parking for out-of-County visitors. With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the issue. It was posed that the loss of revenue from providing increased free parking could potentially be offset from the Tidelands Fund. On question, Parking Superintendent Steffy provided information on the potential loss associated with a doubled amount of free parking for locals. It was stated by Council that the current program as it exists works well. It was suggested to enhance advertisement of the locals' parking permit. It was suggested that the Fisherman's Wharf Association may be able to partner with the City to support an extended program. 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- 086 C.S. to Extend the Current Locals Parking Program in the Waterfront Lot Through June 30, 2021 as proposed by staff, and directed staff to bring back to Council in late July information on whether the Tidelands fund can supplement an extension of the locals' parking program: 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. Call and Consolidate General Municipal Election for November 3, 2020 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 20-087 and 20-088 C.S. Other 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 160 Municipal Wharf #2 and Approximately 3,238 Square Feet of Area Located Under the Wharf #2 Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Art Seavey, Monterey Abalone Company; Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Cole and Aldrete 3  City Council Minutes June 16, 2020 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 500; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Richard Miller; Under Negotiation: Price and Terms for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Cole and Aldrete *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda 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 City Attorney Davi said that the information needed by the District Boardmembers was included in the staff report. On consensus, the Boardmembers received the report. Adjourn to City Council Meeting PUBLIC HEARING 18. 1st Reading by Title Only of an Ordinance to Repeal Monterey City Code Section 38-26(G) and Add Monterey City Code Section 38-108 to Allow Home Occupations without a Permit Process (Exempt from CEQA Article 19, Section 15305, Class 5) -- Recommended for Continuance to July 7, 2020 Action: Continued to July 7, 2020 Mayor Roberson opened public comments on Items 18 and 19, and received none. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council continued Items 18 and 19 to July 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) 19. 1st Reading – Rezone 603-605 Hoffman Avenue from R-3-5 to R-3-5-H2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures (Exempt from CEQA per Article 19, Section 15305, Class 5) -- Recommended for Continuance to July 7, 2020 Action: Continued to July 7, 2020 This item was continued by a combined motion; see Item 18 above. 20. Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 20-089, 20-090, and 20-091 C.S. 4  City Council Minutes June 16, 2020 Community Development Director Cole gave the staff presentation. Mayor Roberson opened public comments, and received none. 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 Resolutions No. 20- 089, 20-090, and 20-091 C.S. to Levy Assessment to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts: 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 21. Provide Direction Regarding Negotiating with Monterey City Disposal Service for an Exclusive Waste Hauling Franchise Agreement Until 2030 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Directed staff to negotiate with Monterey City Disposal Service (MCDS) for an exclusive waste hauling franchise agreement through the year 2030 Sustainability Coordinator Terrasas gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Mike Becker, Cannery Row Company, spoke highly of Monterey City Disposal Service and recommended the Council extend the contract until 2030. With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the matter. On question, City Manager Uslar said that the State Resources Code allows an exception from requests for proposal (RFPs) for waste haulers. 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 negotiate with Monterey City Disposal Service for an Exclusive Waste Hauling Franchise Agreement Until 2030: 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 Closed Session (See additional agenda) *** The Council adjourned to closed session at 5:16 p.m. RECESS 5:30 p.m. RECONVENE The Council reconvened at 7:00 p.m. 5  City Council Minutes June 16, 2020 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. He said that the City of Monterey has joined President Obama's "8 Can't Wait" police protocol pledge. Andrew Roth spoke in favor of creativity and shifting of police recruitment and protocols. Diane de Lorimier, Friends of the Monterey Public Library, urged the Council to make all originally proposed funds available to offset reductions to the Library and Recreation departments' budgets. With no further requests to speak, Mayor Roberson closed public comments. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced the following: cs1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA) Monterey Executive Management Employees' Association (MEMEA) (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 accepted concession offers from MEA, PLMA, and MFCOA that inlcude a 5% salary reduction for 6 months and deferral of a 2% July 1, 2020 salary increase for 6 months; accepted a concession offer from MFFA that included a one year deferral of the 2% July 1, 2020 salary increase, an additional 2% PERS contribution for one year, and no additional salary increase in July 2021; and did not accept a concession offer from GEM and gave confidential direction to its negotiators PUBLIC APPEARANCE (EVE) 22. Amend Resolution 19-115 Authorizing Changes to the Fiscal Year 2020-21 Budgets for the General Fund, Equipment/Vehicle Replacement Fund, Neighborhood and Community Improvement Program Fund , Information Service Internal Service Fund Revenue and Economic Uncertainty Reserve (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-092 C.S. as amended to reflect $1.5 million of economic uncertainty reserve to be used ($600,000 as staff recommended and included in the General Fund budget and $900,000 into the Reopening and Hiring Fund) City Manager Uslar said that funding will be issued from the State as reimbursement for COVID-19 related expenses. He gave the first staff presentation, highlighting challenges related to COVID-19's economic impact on the City, accomplishments and planning, and explained that the draft budget proposes creation of a central Reopening and Hiring Fund. Finance Director Lai gave the budget presentation and provided a deeper dive into current fiscal losses and projected impacts affecting the City as a result of the pandemic. Human Resources 6 City Council Minutes June 16, 2020 Director Hauck shared details on the salary concessions given by City labor groups that will augment the Reopening and Hiring Fund. A concern was mentioned by Council that not all savings that had been earmarked by Council to be used for reopening seemed to have been included in the reopening fund. On question, City Manager Uslar said that the Casa Noche Buena project has not been included in this budget but will be brought forward to Council separately. It was proposed by Council to use $600,000 from reserves to augment salary concessions, and City Manager Uslar said this would be an appropriate use of the reserves. On question, City Manager Uslar said that the Finance Department is working on an ordinance that would have transient occupancy tax (TOT) remitted on a monthly basis. Mayor Roberson opened public comment. Deb Evans asked to the City to keep an emphasis on anti-racism and social justice as they review every budget line item. Chelsea Lee echoed Ms. Evans' comment and said that the role of police needs to change. Richard Ruccello asked the Council to reconsider cuts to public safety and especially the School Resource Officer. Kevin Ellis, Hyatt Regency Monterey, stressed that destination marketing is important to bring everyone back to work. Esther Malkin said that the City should find a way to release itself from the requirements of employee unions. Annie from Seaside spoke against the use of School Resource Officers and expressed concerns about policing. Laura Pratt, General Employees of Monterey, expressed concerns about high salaries of some City employees and expressed support for increasing TOT. Karen Brown said that the City's priority should be on education and family support, and that Library services are needed more than ever. Rob O'Keefe, Monterey County Convention and Visitors Bureau, spoke about the importance of tourism to the region and stressed the need for responsible, safe behavior during the pandemic. Mike Brassfield asked the Council to let the Police Chief do his job. Ashley Shaffer said that the focus should be on safety and health, and recreation and libraries, not police. Jean Rasch expressed concern about propping up the tourism industry and destination marketing, and echoed that the focus should be on health and safety. David Sanchez spoke against the use of school resource officers and encouraged using City funds to support schools, social services, and library and recreation services. Liz Schrier encouraged the Council to focus on social services and community programs, not the police, and asked Council to delay the vote on the budget. Lisa Maddalena, said that library services can be offered even with the building closed, and echoed sentiments of other callers to share the City's priorities more equitably. Staci Alziebler, Gathering for Women, urged the Council to support a homeless shelter on the Monterey Peninsula. Alyssa Osorio spoke in favor of defunding the police and removing police from schools. Renfro Geller echoed concerns about the police and questioned the Council's acceptance of concessions that included contract extensions. Doug Holtzman said that library services are crucial and help families and economic recovery. River Navaille spoke against police officers in schools. Wendy Brickman spoke against any cuts to the Police Department and encouraged investment in destination marketing. Carol Chorbajian said that funding MCCVB is an important step to recover the tourism economy. With no further requests to speak, Mayor Roberson closed public comments. The Council recessed at 9:02 p.m. and reconvened at 9:15 p.m. Mayor Roberson emphasized that this budget is a snapshot that will be revisited regularly over the course of the pandemic. The Council discussed the matter. 7 City Council Minutes June 16, 2020 Regarding policing, support was expressed by Council for holding community forums, one of which could look collectively at the City's policing policies, and another together with the police chief and experts in mental health, homelessness, social services, to look at how services could be provided differently. It was stated that change will take a lot of conversation and thinking. It was encouraged that the City should take a serious look at reallocating police resources to advance public services. It was stated that there should be dialogue about community-oriented policing so that residents understand the role and responsibility of a peace officer. It was stated that Monterey’s officers should not be compared with officers in other states, citing that the standards of training are vastly different. Regarding School Resource Officers (SROs), support was expressed on the one hand for removing the SRO position from the position control list, citing input from the school district and Monterey High graduates. Support was expressed on the other hand for leaving the SRO in the personnel list and letting the Police Chief make decisions as appropriate. It was stated that the SRO helps keep kids out of the system and can focus on counseling them through the school year. It was stated that there should be a larger conversation about SROs. It was requested to receive a report from the Police Chief about what a diversion counselor can do on a school campus. Regarding race and diversity, it was stated that the inclusiveness and diversity should be a central consideration in hiring at the City. It was urged to remove historic racial covenants on homes. Regarding the Monterey County Conventions and Visitors Bureau (MCCVB), it was stated that the City needs to support a healthy marketing allocation and work collectively with other regional agencies. On the subject of proposed budget and reopening facilities and programs, a solution was proposed by Council to use more of the City’s reserves to augment the labor groups’ concessions. It was requested by Council that City staff bring forward proposals of what additional Library work could be done if more Library staff were brought back to work. It was suggested to add a fourth element to the City’s pandemic-related missions, which would be to focus on encouraging public engagement, such as holding monthly town halls with the public. It was requested to take a closer look at fees to get closer to achieving cost recovery, and that reduced rates could be offered to lower-income people. It was suggested that, in the case of a surplus after bringing staff back on, the City should return savings to the Other Post- Employment Benefits (OPEB), vehicle replacement, and reserves. It was stressed that pension liability and structural maintenance still need attention as well, and that there should be a capitalization fee. It was requested to receive frequent budget updates, and by consensus the Council agreed. Council suggested agendizing for the next meeting a discussion prioritizing what positions to bring back and when. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 092 C.S. as amended to reflect $1.5 million of economic uncertainty reserve to be used ($600,000 as staff recommended and included in the General Fund budget and $900,000 into the Reopening and Hiring Fund): AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 8  City Council Minutes June 16, 2020 COUNCIL COMMENTS Councilmember Haffa shared that the Fort Ord Reuse Authority (FORA) is closing down at the end of the month, and said that the board recently approved a bond that will create $3 million of funding to remove blight on the former Fort Ord. He said that Monterey Bay Community Power recently changed its name to Central Coast Community Energy due to expansions into other counties, and recently rejected nuclear assets that were part of the power portfolio. He said that small business grants for COVID-19 relief have been approved, having been reviewed by members of community and the Chamber of Commerce. Councilmember Smith said that a lot is going on at the Transportation Agency for Monterey County (TAMC) and said that Bill Monning's bill is going to the State Senate soon to improve the 156 corridor and eliminate a lot of accidents. He said that the Association for Monterey Bay Area Governments (AMBAG) held a significant vote on dividing money coming from the State, and announced that the City will receive $165k for the Planning Department to assist with compliance with housing requirements. He shared that the Monterey County Hospitality Association’s education committee is holding training webinars for health and safety. He encouraged all to wear their masks and buy local. Councilmember Albert shared that the class of 2020 had a wonderful drive-through graduation at Laguna Seca Raceway. Councilmember Williamson said that Monterey One Water had been considering more extensive rate increases, and is now looking at smaller rate increases. He stressed that the agency does important work. CITY MANAGER REPORTS City Manager Uslar reminded Council of an upcoming special meeting on Wednesday, June 24, 2020. ANNOUNCEMENTS FROM CLOSED SESSION cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 330-350 Alvarado Street (Osio Plaza) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Patrick Prindle (MCM Diversified as agent for Green Valley Corporation) Under Negotiation: Terms and Conditions for Lease Termination (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Not heard ADJOURNMENT The Council adjourned at 10:38 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 9