Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 4, 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, Library Director, Assistant Finance Director, Deputy Human Resources Manager, Finance Analyst, Assistant City Attorney, 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 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 into the meeting to participate and provide public comment. PUBLIC COMMENTS Mayor Roberson opened public comments. Robert Brown brought Council's attention to a recent rent increase, and asked the City to do anything it can to address rent increases. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Public Works Director Wittry answered Council's question relating to Item 6 and provided a brief update. A comment was made to highlight the high dollar amount associated with Item 7 and the support the City provides to the Defense Language Institute. 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: 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 1. July 21, 2020 Minutes (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved  City Council Minutes August 4, 2020 2. July 29, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 3. 1st Reading by Title Only of an Ordinance Amending Chapter 28, Article 1 of the Monterey City Code Relating to the City’s Purchasing System to Update Bidding Thresholds, Allow the City Manager to Delegate to Department Heads Signature Authority for Small Procurement Contracts, Add Separate Purchasing Procedures for Confidential Legal Services and IT Contracts, and Eliminate Redundant Language; and Amend Resolution 15-215 to Include the Bid Protest and Bidder Responsibility Appeal Fees in the Master Fee Schedule Action: Adopted Resolution No. 20-111 C.S.; Passed Ordinance to Print 4. Adopt an Ordinance Establishing the North Fremont Underground Utility District (Exempt from CEQA pursuant to Article 19, Section 15302, Class 2) Action: Adopted Ordinance No. 2621 C.S. Resolutions 5. Award Three Professional Services Agreements for On-Call Mechanical Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey, Presidio of Monterey, and Related Military Installations to Axiom Engineers, Salas O’Brien, and Advance Design Consultants, Inc. (PMSA Categorically Excluded from NEPA 32 CFR, Not a Project under CEQA per Pub. Resources Code, Section 21080; CIP/NCIP: Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 20-112, 20-113, and 20-114 C.S. 6. Award Two Professional Service Agreements for On-Call Sewer Line Video Evaluation Each with a Not-To-Exceed Limit of $300,000 to Pipe & Plant Solutions, Inc. and National Plant Services, Inc. ***CIP*** (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution Nos. 20-115 and 20-116 C.S. 7. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), and Not a Project under CEQA (Pub. Resources Code, subsection 21080, subd. (a) and Pub. Resources Code, subsection 21080, subd. (b)(1))) Action: Adopted Resolution No. 20-117 C.S. 8. Approve (Ratify) the FY2018/19 and FY2019/20 Salary Schedules for Regular Full-Time and Regular Part-Time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-118 C.S. *** End of Consent Agenda *** PUBLIC HEARING 9. Deny Appeal of the Ten Percent (10%) Penalty for the Late Payment of Transient Occupancy Taxes and Conference Center Facilities District Special Taxes; Appellant Monterey Plaza Hotel & Spa (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2 City Council Minutes August 4, 2020 Action: Adopted Resolution No. 20-119 C.S. Mayor Roberson announced the process for the appeal, and requested that Councl disclose its ex parte communications on the matter. He disclosed that he had two phone conversations: one with the general manager of the hotel, and one with the owner. He said that the information exchanged is included in writing in the agenda materials. Councilmember Albert said that he had also spoken with the general managers of both hotels, and echoed that the conversation context is written in the agenda materials. Councilmember Smith said that he had also spoken with the general managers of both hotels, and said that the information he received was also in the staff report, and said that he had not pre-decided the matter. Councilmember Williamson refered to an article in the Monterey Herald, and said he was contacted by the Herald, and that that the views in the article do not express what he communicated, and reiterated that he acknowledged the context of the meeting, had an open mind as Council took up the topic, and would hear out the appellant. City Attorney Davi explained that she represented City Council on this matter, separately from Assistant City Attorney Salameh, who represented City staff. She explained that they maintained that due process separation for fairness in this proceeding. Finance Director Lai gave the staff presentation laying out the City staff's perspective and recommendation on the appeal. Appellant Chris Sommers, Managing Director, Monterey Plaza Hotel and Spa, assured the Council that the hotel had never had any intention of not paying, and said that there was a misunderstanding due to statements made by City officials. He presented a detailed timeline and explained that the main confusion came on March 31, 2020 at the Chamber of Commerce business roundtable meeting, where he stated that City Manager Uslar stated that the City would waive penalties for late payments of TOT. He said that the minutes from this meeting were distributed including this statement from the City Manager, and that it was the hotel’s understanding that when the City Manager speaks, he speaks on behalf of the City. Appellant Greg Alden, Owner, Monterey Plaza Hotel and Spa, said that the hotel had never defaulted on required payments to the City. He said that the situation is clearly a situation of a misunderstanding. He listed other agencies throughout the State that he said had deferred TOT payments and said that the hotel was under the impression, based on the communications referred to, that when the City Manager said “we’re all in this together,” that the City would likewise be in a mindset to help hotels. He said that it was difficult to shut down, and to pay severance and accrued vacation to hundreds of employees who were laid off. He stated that perhaps the hotel could have been more careful or skeptical regarding the statement that he said was made by City Manager Uslar, but that the hotel was going through many difficulties at the time and believed that the City Manager was speaking on behalf of the City. He stated that he was not aware of the City Manager correcting any supposed errors in the minutes of the Chamber of Commerce business roundtable meeting. He admitted that the statement by the City Manager was a direct contradiction from the content of the letter a few days before, but said that the hotel was relieved by this contradiction and was grateful for it. He said that the high penalty over an honest misunderstanding is hard to understand, and upsetting. The Councilmembers asked the appellants if they had requested any confirmation in writing regarding a deferral of TOT. Mr. Alden said that he had not asked for confirmation in writing, as he thought that the situation was clear. He said there were many pressing matters on the hotel management’s mind due to the pandemic, and that when the letter arrived in April, the hotel wrote the check as soon as they could, but until they got that letter, they believed the payment was delayed and deferred. On question from Council, Mr. Alden said that the hotel did receive 3 City Council Minutes August 4, 2020 the March 25 letter, but on March 31 due to the City Manager’s alleged statements, they thought there had been a last minute change in policies. On question from Council, Mr. Sommers said that the minutes of the Chamber of Commerce business roundtable meeting does not indicate that anyone asked City Manager Uslar for an explanation of the discrepancy between the letter and his alleged statement, and he said that he did not follow up about the discrepancy between the two communications because he assumed that what City Manager Uslar said at the Chamber of Commerce round table superceded anything in the letter. Mr. Alden said that the meeting minutes from the business roundtable meeting show that City Manager Uslar said that the City would waive late penalties if TOT and CCFD moneys were not received by the 1st of the month. He asked whether Mr. Uslar speaks as an authorized representative for the City when he speaks at a community meeting. Mayor Roberson opened public comments, received none, and closed public comments. Mayor Roberson gave the appellant the opportunity to rebut any factual information that had been presented. The minutes from the Chamber of Commerce business roundtable meeting were shown on-screen. On question from Council, Mr. Sommers said that Chamber employee Monica Lau took the business roundtable notes on March 31, 2020, and sent them out to the entire membership. He said he did not believe that the meeting was recorded. The Council discussed the matter. In response to a question from the appellants, it was stated that comments by City staff at public events cannot waive legislation in the City Code. On question, City Attorney Davi said that there is existing approved settlement authority within certain dollar amounts, and that the City Manager does not have that kind of authority, such as would be required to waive a $40,000 penalty. On question from Council, City Attorney Davi said that the Finance Director's decision to impose the penalty is appealable, and provided guidance on due process if the Council was inclined to hinge its decisions based on the allegations made by the appellants. It was stated by Council that a 10% penalty for being late makes sense and that the rule is clear. It was stated that there may have been mixed messages, or at least a misunderstanding. It was stated that the City Manager was trying to do what he could to help the business community during a crisis, and that the notes from the business roundtable meeting were compelling and it's understandable why he would say what he said. It was stated that staff was correct to bring this to the Council and highlight that what was said was not within the City Manager's authority. It was stated that Council is inclined to show leniency but does not want to establish a precedence. On question, City Attorney Davi said that this would not be precedent- setting and that each case is evaluated individually, and commented that if the City Manager said what he is alleged to have said, it does not offer a legal reason to grant the appeal. On question from Council, City Attorney Davi addressed the legal standard regarding intent. She said that the Council can determine that the Finance Director's determination of the amount of tax and penalty was erroneous. She said that the City has to prove by a preponderance of evidence that its taxation was valid and correct. The Council expressed appreciation to the hotel for taking care of its employees during the layoff process. It was stated that the TOT is tax money that was collected by the hotel and held in trust, and because they had collected the tax already, it was hard to understand why the delay in payment would help the hotel. It was stated that evidence on the City's side is the clearly written City Code. The importance of personal responsibility was stressed, saying that confirmation of the misunderstanding could have been requested in writing, which would become evidence. 4  City Council Minutes August 4, 2020 A motion was introduced by Mayor Roberson, and seconded by Councilmember Williamson, to deny the Appeal of the Ten Percent (10%) Penalty for the Late Payment of Transient Occupancy Taxes; Appellant Monterey Plaza Hotel & Spa. It was stated by Council that contracts can't change without something in writing. Concerns were shared about setting a precedent, even if not legally, but in setting a concerning example just for other businesses, but for residents or anyone else with a concern about something was communicated to them, or not communicated. It was stated that if there were something that the City Manager did not do appropriately, it would require some kind of performance management. It was commented that occasionally people make decisions that don't quite go as code or policy would require, and people have to back out and cite the policy. On question from Council regarding the potential for an extended payment period, Finance Director Lai referred to a prior decision regarding a levy against the Merritt House and said the City has allowed installment payments on a very limited basis when the need arises like this. Karin Salameh, representing City staff, said that staff offered the Plaza a twelve-month payment plan, and the Plaza rejected the offer and chose to proceed with the appeal. It was stated by Council that payment of TOT is a contractual responsibility and a law, and in the hotel’s shoes, it would have been good to confirm the alleged statement in writing. It was noted that the difficult situation and pandemic crisis may explain why they did not seek to get it in writing. It was stated that the hotel has a past practice for paying timely based on the law, and intent shouldn’t matter, because by practice it must be paid on a regular schedule. It was stated that operators have an obligation to seek clarity and to follow the law. It was stated that the City’s case presented beyond a preponderance of evidence and that the appeal should be denied. It was stated that the late payment sounded like it was based on a misunderstanding with no malice or ill intent. Councilmembers agreed that the hotel being allowed to pay the penalty over a twelve-month period would be ideal. The motion carried by the following vote, which was conducted by roll call: 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. Deny Appeal of the Ten Percent (10%) Penalty for the Late Payment of Transient Occupancy Taxes and Conference Center Facilities District Special Taxes; Appellant Custom House Hotel, L.P., doing business as Portola Hotel & Spa (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-120 C.S. Mayor Roberson requested that Council disclose its ex parte communications on the matter, and said that he had not had any such communications. Councilmember Albert stated that he spoke with the general manager of the Portola, and said that all the information discussed is written in the agenda report. Councilmember Smith said that the same applied to him, and that he had no pre-conceived position on the matter. Councilmember Williamson echoed his comments regarding the Monterey Herald (previously stated in conjunction with Item 9) and said that he would stay open to hear from the appellant. 5 City Council Minutes August 4, 2020 City Attorney Davi explained that she represented City Council on this matter, separately from Assistant City Attorney Salameh, who represented City staff. She explained that they maintained that due process separation for fairness in this proceeding. Finance Director Lai gave the staff presentation laying out the City staff's perspective and recommendation on the appeal. Appellant Janine Chicourrat, General Manager of Portola Hotel and Spa, said that the Portola Hotel & Spa’s appeal was a bit different from that of the previous appellant. She said that the Portola’s biggest concern in March was to keep employees safe and out of harm's way due to the pandemic. She said that because of a multi-million-dollar renovation, the hotel was also presented with a cash flow challenge during this timeframe. She said that the hotel never received the March 25 and April 29 (sic) letters from the City. She said that the hotel did not receive a letter until May 5 or 6. She said that no employees were present in accounting in order to cut a check by May 1, and that those employees available had been in panic mode due to the pandemic. Appellant Mike Grier, an owner of Portola Hotel and Spa, reiterated that the hotel did not receive the City’s March 25 letter. He said that he was concerned that the City doesn't understand the situation in which the hotel found itself. He said that the pandemic situation was like having a fire on a ship, with everyone doing the best they could. He laid out details about layoffs and pay cuts that had taken place due to the crisis. He said it was surreal to hear that the City sought to impose a penalty that he stated was not proportional to the wrong done. He said that penalties are meant to inflict pain, loss, and harm, and that inflicting these on a local business at this time was unreal. He cited that state and federal agencies and public utilities were deferring payments, and that the hotel deals with hundreds of vendors, most of whom with contracts, all of which he said were working cooperatively. He said that City Manager Uslar was also trying to keep ships afloat. He said he believed that the City Council had the ability to exercise discretion, and asked them to revisit the decision carefully that they were about to make. He commented that he was not sure the hotel would survive the pandemic. He said that employees of the hotel were not being paid what they deserve, and stated that every dollar paid in penalty would come from somewhere else. Ms. Chicourrat added that she previously worked for another hotel company that paid its Transient Occupancy Tax (TOT) late (not during a time of crisis) and appealed the penalty, and the Council in question reversed the penalty after hearing that hotel’s story. She asserted that the discussion at hand was about what is fair and right to do in the middle of a pandemic and financial crisis. On question from Council, Mr. Grier stated that his principal function is to be a fiduciary and exercise fiduciary responsibilities on behalf of the hotel and that at no time would the hotel put its tax payment obligations in jeopardy. He said that the issue wasn't the cash on hand at the time, it was a matter of manpower. He said that the check was hand delivered within hours of receiving notification that payment was overdue, and that the hotel would have done this on March 31 if their staff had known this was an issue. He stated that systems were not in place to deal with everything that has happened. On question from Council, Finance Director Lai said that the letter dated March 25 was hand- delivered to the Post Office and mailed directly to all operators plus hospitality associations, MCCVB, and the Chamber. Mayor Roberson opened public comments, received none, and closed public comments. Mayor Roberson gave the appellant the opportunity to rebut any factual information that had been presented. Ms. Chicourrat said that the Finance Director’s letter from April was not 6 City Council Minutes August 4, 2020 received until May 6, and stated that therefore it was not inconceivable that the hotel did not receive the City Manager’s March 25 letter either. The Council discussed the matter. It was stated that the Councilmembers appreciated Mr. Grier's passion and caring for his employees, and acknowledged that it is difficult to handle the health crisis, economic crisis, and social justice crisis. Hearing the argument as presented, it was stated that it doesn't matter if the Portola received the letter or not, because for forty years they have been paying TOT and they know when it is due. It was stated that the hotel’s evidence was that it didn't receive the letters, but it was stated that the hotel knows when TOT is due. In explanation of the forthcoming motion, it was stated that the City Code is clear about TOT. A motion was introduced by Mayor Roberson, and seconded by Councilmember Smith, to deny the Appeal of the Ten Percent (10%) Penalty for the Late Payment of Transient Occupancy Taxes; Appellant Portola Hotel & Spa. The Council commented on the matter, stating that someone must have been paying bills at the hotel, and should have made payment timely, or at least an estimate with a letter explaining they would reconcile, but payment was not made timely. It was stated that it is not fair to rely on a second notice or letter from the City, when the payment date is well known. It was stated that it would be easy to approach another way to look at this matter if the payment were not so late. Comments made in the previous agenda item were referred to, and it was reiterated that TOT payment is like a contract, and unless something is stated in writing, it is hard to justify a miscommunication in regards to the issue presented. Assistant City Attorney Salameh, representing City staff, said that City staff made the same offer to the Portola of a twelve-month payment plan and that the Portola had rejected it in favor of proceeding with the appeal. The motion carried by the following vote, which was conducted by roll call: 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 The Council recessed at 6:10 p.m. RECONVENE The Council reconvened at 7:03 p.m. City Clerk Klein called the roll with Councilmember Albert absent. Councilmember Albert joined the meeting at 7:05 p.m. Assistant City Manager Rojanasathira provided details on how to phone into the meeting to participate and provide public comment. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. 7  City Council Minutes August 4, 2020 CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments. Luis Osorio said that renters face a difficult environment due to the pandemic and lack of affordable housing in the City, and asked Council to consider a moratorium on rent increases. Esther Malkin said that even smaller rent increases are very difficult for renters who are unemployed, and requested Council think ahead to the potential of increased homelessness. Dorit Gersh said this is the worst time to raise rent, and asked if anyone could talk to Mangold Properties about recent rent increases. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC APPEARANCE 11. Adopt a Resolution Adding a Measure to the Ballot to Ask the Voters of the City of Monterey to Approve an Increase in the Transient Occupancy Tax, and to Expand the Application of the Tax to Online Travel Companies, with 16% of the Revenue to be Used Exclusively for the Neighborhood and Community Improvement Program, and 84% for Unrestricted General Purposes (Exempt from CEQA Guidelines, Article 20, Section 15378 and Guideline Section 15061) -- Continued from July 29, 2020 Action: Adopted Resolution No. 20-121 C.S. as amended Finance Director Lai gave the staff presentation. Mayor Roberson opened public comments. Jeroen Gerrese, Monterey County Hospitality Association, asked the Council to reconsider increasing the TOT. Kala Fossum, Villa Del Monte Neighborhood Association, spoke in favor of increasing the TOT. Carol Chorbajian said that the group hospitality business brings more revenue than leisure hospitality, and said that if groups stop coming to the area, there will be big impacts. Frank Geisler, Monterey Peninsula Chamber of Commerce, said that the Chamber voted to support the tax increase, but prefers a phased-in approach instead of an immediate 2% to recognize that the hospitality industry is badly wounded. Susan Nine, Monterey Vista Neighborhood Association, reported that the board unanimously voted to support the tax measure, said that the City is an essential service, and urged the community to unite to support the tax measure. Esther Malkin said that workers in the hospitality industry find themselves in a precarious financial position and said that an increase to TOT is well overdue. With no further requests to speak, Mayor Roberson closed public comments. On question from Council, City Attorney Davi said that the draft ordinance expands transient occupancy tax to include short-term rentals regardless of legal status. She confirmed that a charter amendment would be required to rezone a property to become a Visitor Accommodation Facility. She said that "essential services" is not a legal requirement, but was included in the language of the measure based on past polling. She confirmed that the intent is to include all online travel companies, and referred to the definition of "operator." It was stated by Council that neighbors and residents in Monterey gave up quite a bit to get through the pandemic, and the City needs to make sure it has sufficient revenue to begin returning to normal operations whenever health conditions permit. It was stated that the hospitality industry is important to Monterey and has enabled the City to have the amenities that it does have. It was stated that the Chamber's requested phased approach makes sense, but the residents' perspective must also be respected. It was stated that the decision is difficult because the Council feels for the hospitality industry, which has provided so much to the City. 8  City Council Minutes August 4, 2020 In connection with making the motion, it was stated by Council that this proposed increase to the TOT is not intended to be punitive, and there is no easy formula, and that it had become obvious that a phased-in approach would not receive sufficient Council support. City Attorney Davi clarified the effective date of the ordinance if the measure passes. It was suggested by Council to start setting aside funds for affordable housing. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the staff's recommendation, with the resolution to be amended by the City Attorney to solidify the clarification statement in the resolution's twelfth "Whereas" clause: 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 HEARING (EVE) 12. 1st Reading by Title Only of an Ordinance to Amend Zoning Code to Allow Medical Offices with Extended Care in the Industrial, Administration and Research District Subject to Review and Regulation; Approval of Use Permit UP 20-169, a New Medical Office Building with Extended Care for Adolescent Behavioral Health, 6 Lower Ragsdale Drive, to be Effective Concurrently with the Zoning Code Amendments, to Allow Extended Care and Development on 25% Slope; and Approve Variance for Building Height (VAR 20-0168) (35’ Allowed; 50’6” Proposed); Applicant William Camille for Montage Health; Owner Montage Health; Industrial General Plan Land Use Designation; Industrial, Administration, and Research District, Design and Development Control Overlay and Emergency Shelter Overlay (I-R-150-D2-ES) Zoning District; CEQA Addendum Proposed Action: Adopted Resolution Nos. 20-122 as amended, 20-123, and 20-124 C.S.; Passed Ordinance to Print Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. Tim Nylen, Montage Health, gave the applicant's presentation. Laurie Chambers, project architect, shared a view of the site from the highway and said it is the intent to save as many trees as possible, and said landscape screening will be site-appropriate and help obscure any views of the building. Mayor Roberson opened public comments. Esther Malkin said that sixteen beds may not be enough to address the needs of the target community, and asked if aesthetics could be traded for more beds. Nina Beety expressed concern about the site chosen for this important use and said that high radio frequency (RF) levels are not conducive to adolescent health or healing. With no further requests to speak, Mayor Roberson closed public comments. Tim Nylen, Montage Health, said that in addition to the sixteen beds, there will be an extensive outpatient program as well. 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 adopted Resolution 20-122 C.S. to certify the CEQA Addendum, as amended to indicate that every one oak tree removed 9  City Council Minutes August 4, 2020 to be replaced by one replanted oak tree; Resolution 20-123 C.S. approving Use Pemrit 20-169 to allow extended care for adolescent behavioral health and evelopment on 25% slope; and Resolution 20-124 C.S. approving Variance 20-168 to allow a maximum building height of 50'6"; and Passed to Print a first reading by title only to amend the City Code to allow medical offices with extended care in the Industrial, Administration and Research District, subject to review and regulation: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 9:02 p.m. and reconvened at 9:10 p.m. PUBLIC APPEARANCE (EVE) 13. Adopt a Resolution Ratifying the Order of the Director of Emergency Services (Monterey City Manager) Allowing Covid-19 Temporary Outdoor Business Permits and Delegating Design Approval Authority to the City's Chief Building Official (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 20-125 C.S., Directed the City Manager to bring a report to Council regarding enforcement at the September 1, 2020 meeting Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions together with City Manager Uslar. Mayor Roberson opened public comments, and received none. A motion was introduced by Mayor Roberson, and seconded by Councilmember Smith, to adopt Resolution No. 20-125 C.S. Ratifying the Order of the Director of Emergency Services (Monterey City Manager) Allowing Covid-19 Temporary Outdoor Business Permits. It was requested by Council to amend the motion to incorporate removal of the temporary permit after one violation of required safety precautions. Assistant City Manager Rojanasathira confirmed that it is the City's intention to be strict with this issue, and if Council is comfortable with staff moving forward with this administratively, it may be cleaner than modifying, then ratifying, the Director of Emergency Services' order. City Attorney Davi and City Manager Uslar explained that enforcement needs to be at the discretion of the code enforcement officer, police offier, or community services officer depending on the situation, and recommended against the proposed revision. It was stated by Council that consistency will be important. Conversely, it was stated by Council that overly prescribing is not advisable. City Attorney Davi said that taking away an officer's discretion by mandating issuing a citation is not recommended. She said, however, that it would be possible to revoke the permit in the case of a citation or citations. Council continued to discuss the matter. It was stated that safety comes first, and that the City Attorney could bring back amendments at a future time. The mover amended his motion to include asking the City Attorney to come back with more information and a future amendment to the resolution. The seconder disagreed with the amendment. It was commented by Council that enforcement needs to be more effective and consistent, because the community is not satisfied. 10  City Council Minutes August 4, 2020 The Council, including the mover and seconder, agreed by consensus to amend the motion to direct the City Manager to report back on September 1, 2020 regarding enforcement. The motion carried by the following vote, which was conducted by roll call: 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. City Manager’s Presentation 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 presentation City Manager Uslar gave the staff presentation. Mayor Roberson opened public comments. Susan Nine said that the community wants businesses to succeed but is not willing to overlook health guidelines that are being ignored. Esther Malkin said that it is appalling that no provisions are made in the renter assistance program for renters who are falling through the cracks because they make too much money per HUD guidelines, and said the City should use its own funds to make up the difference. Greg Hanlon said that the City needs to renegotiate the contract for trash service so that there is a larger canister available for residential service. With no further requests to speak, Mayor Roberson closed public comments. The Council discussed the City Manager's presentation. REQUESTS FROM COUNCILMEMBERS TO AGENDIZE NEW MATTERS 15. Councilmember Haffa’s Request to Agendize Discussion About Permitting Commercial Activity Regarding the Use of Cannabis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Directed staff to agendize the discussion, preferably for the second meeting in September, 2020 (4-1, Councilmember Smith voting no) Councilmember Haffa gave a short presentation proposing to agendize a discussion about permitting cannabis businesses in the City. The Council discussed the matter. It was stated that reconsideration of cannabis business in Monterey would not be supported. It was stated that a discussion would be appropriate, but that a lot of information would need to be included with research from staff, and questions answered. Mayor Roberson opened public comments. Kelly Violini, Monterey County Fair and Event Center, said that the Fair is very supportive of this topic and hopes to hold cannabis events in the future that will bring revenue to the City of Monterey. An unidentified woman said that marijuana dispensaries are a matter of life and death for users who need the products. Valentia Piccinini encouraged the Council to agendize the topic, citing quality of life issues for cannabis users and potential revenue to the City. With no further requests to speak, Mayor Roberson closed public comments. 11 City Council Minutes August 4, 2020 A motion was introduced by Councilmember Williamson, and seconded by Mayor Roberson, to approve Councilmember Haffa’s Request to Agendize a Discussion About Permitting Commercial Activity Regarding the Use of Cannabis. In support of the motion, the Council cited the revenue that could be created if cannabis businesses were to be allowed in the City, and said that the majority of residents support it. It was stated that elderly patients have been able to come off of opiods and become functional again thanks to cannabis. It was stated that it is time to get the data on the table regarding the City's neighbors: for instance, has there been an increase in crime? Regarding timing for the discussion, it was suggested that staff shoot for the second meeting in September. The motion carried by the following vote, which was conducted by roll call; AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Williamson reported on a recent "Talks with Tyller" discussion about social justice and racial inequities that he said he held jointly with Councilmember Haffa. He suggested that Council adopt a resolution about diversity, inclusion, and equity in order to set the framework for further policy direction. He shared a summary of feedback received at the event, which he said had good turnout. He said that it was suggested to: reassess how the City presents its history, including with the feedback of residents and commissions; look at human resources practices around diversity and inclusion; increase police oversight, transparency, and accountability, including holding more town halls specifically focused on policing; leverage resources with neighboring jurisdictions to look at ways to provide non-emergency services to alleviate pressures on the police department; consider a potential non-violent response joint powers authority (JPA) and other possible regional efforts; post a list of minority-owned businesses on the City's website; use cannabis funding for emergency rental assistance and affordable housing; and look at housing issues for the rental community, including considreing a ban on rent increases during this time. Councilmember Haffa said that the written document resulting from the above conversation would be shared with the Council. He urged a broader conversation with the community to find ways for the City to become even better at being inclusive, and suggested future study sessions on some of the discussed topics. Councilmember Smith gave a brief report on a recent Monterey Bay Sanctuary Advisory Council subcommittee meeting regarding the Sanctuary Management Plan. He said that the management plan iis in draft form and will now go out for public comment, and that he is satisfied with the progress for a proposal for dredging, and progress regarding an artificial reef. He reported that the Transportation Authority for Monterey County (TAMC) is now represented by Deputy County Counsel Katherine Hansen. He said he looks forward to COVID-19 numbers improving and the Shelter in Place order being adjusted, and encouraged everyone to stay safe. Councilmember Albert reported that the Monterey Regional Waste Management District approved in July a balanced budget with a $4M deficit, staff reductions and wage cuts. He said that the Last Chance Mercantile is termporarily closed due to the pandemic. He reported a tip 12 City Council Minutes August 4, 2020 fee increase for solid waste, green waste and biosolids. He asked staff to bring Council a report on the requests for proposal (RFPs) about the City's Fort Ord properties, and information on what economic growth can be developed at the site. CITY MANAGER REPORTS No report was made, due to the late hour. ADJOURNMENT The Council adjourned at 11:14 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 13