Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 7, 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, Finance Director, Parks and Recreation Director, City Clerk, Human Resources Director, Library Director, Associate Planner, Associate Planner, Fire Chief, Deputy Human Resources Manager, Traffic Engineer, Administrative Analyst (Housing) 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 4:01 p.m. Assistant City Manager Rojanasathira provided details on how to phone into the meeting to participate and provide public comment. PRESENTATIONS 1. Recognize Clementine Bonner Klein, Monterey City Clerk, for earning the designation of Master Municipal Clerk (MMC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized City Clerk Klein's designation as MMC City Manager Uslar gave a brief explanation of the Master Municipal Clerk designation. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters, and received none. CONSENT ITEMS Mayor Roberson said that Item 10 would be pulled from consent at the request of a member of the public. The Council remarked on Item 9, thanking the Mayors and past Mayors for their work on the Monterey Peninsula Regional Water Authority (MPRWA) and encouraging finding ways to continue to speak with a collective voice in pursuit of a sustainable water source. The Council remarked positively on Item 4 being brought forward by City staff. 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 approved the CONSENT ITEMS, except Item 10: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None)  City Council Minutes July 7, 2020 ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. June 16, 2020 Minutes (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. June 24, 2020 Minutes (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 4. Amend Resolution 15-215, the Master Fee Schedule, to Add a Fee for Candidates' Statements for Elective Office (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-093 C.S. 5. Authorize the City Manager to Enter into an Agreement with the Transportation Agency for Monterey County to Allocate Regional Surface Transportation Program Funding, Amend Resolution 19-116 to Include the Regional Surface Transportation Program, and Authorize Increase of FY20 Revenue and Appropriation of $431,352.19 Regional Surface Transportation Program Funds ***CIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 20-094 C.S. 6. Authorize a Supplemental Appropriation from the Parking Fund Ending Balance of $130,000 for the Cannery Row Elevator Enclosure Project (Exempt from CEQA Pert Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 20-095 C.S. 7. Authorize Application for, and Receipt of, Permanent Local Housing Allocation (PLHA) Grant Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-096 C.S. 8. Confirm Imposition of Debt and Approve the Filing of a Lien Against Real Property at 386 Pacific Street (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-097 C.S. 9. Adopt a Resolution Consenting to the Termination of the Monterey Peninsula Regional Water Authority Joint Powers Authority (Not Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-098 C.S. 10. Adopt A Resolution Amending Memoranda of Understanding with the Management Employees’ Association (MEA), Monterey Fire Chief Officer Association (MFCOA), Police Lieutenants’ Management Association (PLMA), Monterey Fire Fighters’ Association (MFFA), Monterey Police Association (MPA) (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. 20-099 C.S., and directed Human Resources staff and the City Manager to work with employees who want to donate a 2  City Council Minutes July 7, 2020 portion of their salaries, and to leave the door open for further conversations about concessions with the General Employees of Monterey (GEM) bargaining group Human Resources Director Hauck gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Nate Cota, Rachel Deis, and Shannon Leon, City employees in the GEM labor group, expressed discomfort with receiving a 2% salary increase during the COVID-19 pandemic, asked for a way to donate their salary increases, and asked the City and GEM to come together to help former coworkers during the crisis. Laura Pratt, GEM President, stated that GEM has made additional contributions to CalPERS obligations for ten years, and said that the group was told that Council had rejected GEM’s recent offer to defer the 2% salary increase for three months and then revisit the matter with respect to current economic conditions. With no further requests to speak, Mayor Roberson closed public comments. It was requested by Council to provide information to GEM staff regarding how they may donate their 2% salary increases. It was stated that it will be appropriate to check in with bargaining groups periodically due to the quickly changing budget circumstances and the pandemic. It was noted by Council that the approved concessions were freely offered by the bargaining groups, and appreciation was expressed for the groups' generosity. It was stated that it is a goal to bring employees back, and it was encouraged that GEM reach out to City staff and work together. 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 adopted Resolution No. 20-099 C.S. amending the Memoranda of Understanding with MEA, MFCOA, PLMA, MFFA, and MPA; and directed Human Resources staff and the City Manager to work with employees who want to donate a portion of their salaries, and to leave the door open for further conversations about concessions with the GEM bargaining group: 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. Authorize City Manager to Execute an Agreement with the City of Carmel-by-the-Sea to Provide Staffing for the Carmel Fire Ambulance, Amend the Position Control List to Add One Firefighter Position for a Period of Six Months, and Adjust the FY21 Budget to Add $62,036 to Revenues and $62,036 to Personnel Costs (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-100 C.S. 12. Ratifying the Order of the Director of Emergency Services (Monterey City Manager) Closing City of Monterey Beaches for the 4th of July Weekend to Prevent the Spread of COVID-19 (Not a Project Per CEQA Guidelines Article 18, Section 15269(c)) Action: Adopted Resolution No. 20-101 C.S. *** End of Consent Agenda *** 3  City Council Minutes July 7, 2020 PUBLIC HEARING 13. 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) -- Continued from June 16, 2020 Action: Passed Ordinance to print; Adopted Resolution No. 20-102 C.S. as amended to include the condition of approval imposed by the Planning Commission on May 12, 2020 This item was heard first in the public hearings. Mayor Roberson opened public comment on the matter, 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 passed the Ordinance to print and adopted Resolution 20-102 C.S.: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) After Item 14 was heard, it was brought to the Council's attention that staff intended to propose an amendment to the Resolution for Item 13, which proposal had not yet been heard by Council. Associate Planner Sabdo gave a brief presentation and explained the staff's recommendation to adopt the resolution as amended to incorporate a condition of approval imposed by the Planning Commission on May 12, 2020. Mayor Roberson opened public comments for the second time, regarding the proposed amendment, and none was received. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council rescinded its first motion, passed the Ordinance to print, and adopted Resolution No. 20-102 C.S. as amended to include the condition of approval imposed by the Planning Commission on May 12, 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) 14. 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) -- Continued from June 16, 2020 Action: Passed Ordinance to print This item was heard third in the public hearings. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments and received none. 4  City Council Minutes July 7, 2020 It was stated by Council that Code Enforcement staff should be prepared to review nuisance situations and stop them quickly to ensure that neighbors are not disturbed by home-occupied businesses. It was suggested that the fee schedule may be reviewed and fee escalation adjusted later if the current proposed fees are not sufficient to stop nuisance situations. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council passed to print by title only the First 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: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 15. Consider Adoption of a Mitigated Negative Declaration, and Approval of Use Permit to Amend CHOMP PC Plan and Allow Development of Parking Lot on Slopes Greater than 25% at 23795 Holman Highway; Applicant/Owner Community Hospital of the Monterey Peninsula/Montage Health; Planned Community District, Commercial Land Use Designation Action: Adopted Resolution Nos. 20-103 and 20-104 C.S. This item was heard second in the public hearings. Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Anthony Lombardo, on behalf of Montage Health, spoke in favor of the matter and said that the parking lot would not be visible from the highway. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution Nos. 20- 103 and 20-104 C.S. to Adopt a Mitigated Negative Declaration, and Approve the Use Permit to Amend CHOMP PC Plan and Allow Development of Parking Lot on Slopes Greater than 25% at 23795 Holman Highway: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS 5:30 p.m. The Council recessed at 5:29 p.m. RECONVENE The Council reconvened at 7:04 p.m. 5  City Council Minutes July 7, 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. PUBLIC APPEARANCE (EVE) 16. Transient Occupancy Tax (TOT) Informational Report to Potentially Place Ballot Measure on November 2020 Ballot (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report; Discussed; On consensus, requested that staff bring a decision tree to Council for further discussion prior to a vote on July 29, 2020 Finance Director Lai gave the staff presentation and answered Councilmembers' questions together with City Attorney Davi. Mayor Roberson opened public comments. Laura Pratt spoke in favor of increasing TOT by 4%, noting that it is the hotel guests who pay the tax, and stating that visitors will continue to visit Monterey even with an increase to TOT. Kala Fossum, Villa Del Monte Neighborhood Association, urged Council to place a TOT increase on the ballot in November. Rick Heuer, Monterey Peninsula Taxpayers Association, and Richard Ruccello spoke in favor of a special tax ballot measure that will continue to give 16% to the Neighborhood and Community Improvement Program (NCIP), which they said the voters intended with the original charter amendment. Rick Aldinger, Monterey County Hospitality Association, spoke against a TOT increase, saying that it will make local hospitality less attractive to visitors. Chris Sommers spoke against increasing TOT, saying that it would affect hotels, and that it would be more fair to evaluate total tax when comparing with other destinations. Esther Malkin spoke in favor of increasing TOT and said that residents have been told that the increase would be on the ballot in November. Carol Chorbajian referred to the Conference Center Facilities District and stated that affected hotels were told that TOT would not be increased until the Conference Center renovations-related debt was paid off. Janine Chicourrat, Portola Hotel and Spa, spoke against increasing TOT, citing the severe impacts to the hotel industry due to COVID-19. Mark Watson spoke against increasing TOT and said that the City should continue to support the hospitality industry during these times. With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the matter. It was noted that Monterey has a low TOT rate when compared with competitors and that a 2% increase will not stop tourists and meeting planners from choosing Monterey. It was stated that a higher threshold of voters (67% vs. 50 plus one) would help determine what kind of tax measure the voters will support. It was stated that 16% of all TOT should continue to go to the NCIP. It was stated that a 2% TOT increase would be appropriate, with a phased approach. It was noted that the City did indicate it would not raise TOT at the time that the Conference Center renovations were funded. It was noted that Monterey spends more on police than comparable-sized cities, due to the need to support tourism-related impacts on the City. It was stressed that revenue from online operators needs to be captured. It was suggested that with increased TOT funding the City should create a position with the focused responsibility to increase community engagement and outreach. 6  City Council Minutes July 7, 2020 Various ballot measure possibilities were discussed, and City Attorney Davi answered the Council’s questions. The Council requested to discuss further, at their next meeting, questions about what should be included in a ballot measure’s language. The Council discussed the number of ballot measures that would be appropriate, whether a phased approach is ideal and if so what type of phased approach, whether an increase should sunset, the matter of third party operators, and the allocation of costs of capitalization expenses and maintenance for NCIP projects. It was suggested to increase TOT by 2% over the course of two years. City Manager Uslar summed up his understanding of the Council’s requests, made by consensus, that staff should bring to Council a discussion of a potential ballot measure for the November 3, 2020 election, to increase TOT by 2% with no sunset, inclusive of third party operators, and present a decision tree for the Council to discuss and evaluate: 1) Whether the 2% increase should be phased in, and if so by what model, and 2) Whether the ballot measure should require a 2/3 vote including NCIP as a special tax or a 50% vote excluding an increase to NCIP, and 3) How many dollars would be allocated to the NCIP with various options. He said that the Council may discuss this matter further on July 21, 2020 with one Councilmember absent, but that the vote with more concrete steps would be on July 29, 2020. Council recessed at 9:36 and reconvened at 9:45 pm 17. Adopt an Urgency Ordinance Adopting the California Department of Public Health's Guidance for the Use of Face Coverings to be Enforceable by Administrative Citation Within the City of Monterey and Ratify the Director of Emergency Service Order Regarding the Same (Exempt from CEQA Guidelines 15061(b)(3) and Article 18, Section 15269(c)) Action: Adopted Ordinance No. 3618 C.S. and Resolution No. 20-105 C.S. City Manager Uslar gave the staff presentation. Mayor Roberson opened public comments, and received none. The City Council discussed fines associated with these administrative citations and whether the dollar amount should increase at a greater rate as an offender's number of citations increases. On consensus it was determined that if this becomes a pattern, Council will look again at the issue and can take appropriate action. 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 adopted Ordinance No. 3618 C.S. and Resolution No. 20-105 C.S., adopting the California Department of Public Health's Guidance for the Use of Face Coverings to be Enforceable by Administrative Citation Within the City of Monterey and Ratifying the Director of Emergency Service Order Regarding the Same: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 18. 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 7 City Council Minutes July 7, 2020 City Manager Uslar gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comment. Esther Malkin thanked staff for helping to ensure housing assistance coverage and finding solutions. With no further requests to speak, Mayor Roberson closed public comments. It was requested by Council that City staff share information online about the process for selecting rental assistance and Local Economic Stimulus Program (LESP) funding so it is clear to the public how the funds are being used. It was stated that it would be helpful to see advertising for emergency rental assistance, including providing a way to donate private funds. It was stated that recipient businesses were extremely appreciative of their funding and were able to make positive impacts on the community and remain in business. COUNCIL COMMENTS Councilmember Haffa shared that at the end of June, the Fort Ord Reuse Authority (FORA) successfully sunset after 26 years, having closed the books with no known legal liabilities, and having established a bond of at least $26M for blight removal. He stated that habitat protection is largely going to be a responsibility for each jurisdiction, and that a regional joint powers authority had been considered, but jurisdictional interests were so different. He said that future development of Fort Ord is now the responsibility of local jurisdictions. Councilmember Haffa continued, sharing that Community Human Services has been working with Gathering for Women to develop the County site on Noche Buena St. as a homeless center for women and families. He said the facility was planned to open in November and said he hopes the City will find some funding to support it. 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. Citing an over-dependence on hospitality, other local jursidictions’ receipt of legal cannabis revenues, and the need for more revenue in Monterey, he asked to revisit the City’s position on the matter in the future. Councilmember Williamson said that Monterey One Water had been considering more extensive rate increases, and is now looking at smaller rate increases. Councilmember Smith asked Monterey County to do what is needed to ensure that Monterey residents can access COVID-19 testing. He asked to adjourn the meeting in memory of Salinas Mayor Joe Gunter. He stressed the need for people to take the time for strategic thinking, reading, and helping each other. He asked to see a future agendized item about Councilmembers, Boardmembers, and Commissoiners suspending their stipends in order to assist with the City’s economic recovery. Mayor Roberson expressed his appreciation to Garrison Commander Col. Greg Ford for all his work at the Defense Language Institute. CITY MANAGER REPORTS City Manager reports were not heard due to the hour. 8 City Council Minutes July 7, 2020 ADJOURNMENT The Council adjourned at 11:01 p.m. in memory of Salinas Mayor Joe Gunter. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 9