Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 15, 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, Community Development Present: Director, Public Works Director, Police Chief, Finance Director, Parks and Recreation Director, City Clerk, Human Resources Director, Property Manager, Library Director, Traffic Engineer, Parks Operations Manager, Assistant City Attorney, Assistant Director of Information Resources, Urban Forester, Administrative Assistant (City Manager), Police Records and Detention Supervisor, Police Lieutenant, Police Lieutenant, Police Lieutenant, CAT Officer 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 explained to the public how to participate in the meeting and provide public comment. City Clerk Klein called the roll. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements in 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized current and former City employees City Manager Uslar gave a brief introduction. Fire Chief Panholzer, Police Chief Hober, Public Works Director Wittry, and Assistant City Manager Rojanasathira celebrated the milestone anniversaries and retirements of valued City employees. Police Sergeant (Ret.) Russo, Asst. Director of Information Resources Blake, Traffic Engineer Renny, and Fire Captain (Ret.) Caniglia briefly shared thoughts about their experiences and gratitude relataing to working for the City of Monterey. Public comment on the matter was received from Esther Malkin, who spoke favorably about Police Sergeant (Ret.) Russo. The Council spoke with thanks and appreciation about the long service by the employees who were recognized. PUBLIC COMMENTS Public comment on non-agendized matters was received from: Marta Kraftzeck, P.K. Diffenbaugh, Lanier Sammons, and Esther Malkin. City Council Minutes December 15, 2020 2  City Council Minutes December 15, 2020 CONSENT ITEMS Mayor Roberson noted that no items had been pulled from Consent. Public comment was not received on the Consent Items. 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 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 2. December 1, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. December 9, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 4. Award Two General Municipal Building Improvements Job Order Contracts 2021 for Presidio Municipal Services Agency Projects in the Amount of $1,000,000 Each to Pueblo Construction, Inc. and William A. Thayer Construction, Inc. ***PMSA*** (CEQA does not apply to ministerial projects. (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1)) Action: Adopted Resolution Nos. 20-186 and 20-187 C.S. Ordinances 5. 1st Reading by Title Only of an Ordinance Adding City Code sections 22-34.1 and 20-112.4 to Limit Access to the Public Safety Parking Lot to Authorized Personnel and Vehicles Only, and Amend Resolution 20-022 to Add Parking Penalty (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Passed Ordinance to print, and adopted Resolution No. 20-188 C.S. 6. 2nd Reading -- Ordinance amending City Code Chapter 38, Sections 38-11, 38-16, 38-40(B), 38-41 and Chapter 22, Section 22-39(a) to Create a Definition of Cannabis and Cannabis Products, to Create an Industrial Use Classification of Agricultural Testing Laboratory (Including Cannabis Testing), Conditionally Permitted Use in the I-R Zoning District Subject to Regulations [Exempt from the California Environmental Quality Act (CEQA) pursuant to California Business and Professions Code section 26055(h)] Action: Adopted Ordinance No. 3634 C.S. 3  City Council Minutes December 15, 2020 Resolutions 7. Authorize City Manager to Execute an Agreement with California State Parks Division of Boating & Waterways to Accept an Annual Grant of $32,000 from the Surrendered and Abandoned Vessel Exchange Program (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-189 C.S. 8. Appropriate $100,715 in Donated Funds to the 2020-2021 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-190 C.S. 9. Award a Landscape Maintenance Job Order Contract in an Amount Not to Exceed $200,000 to Town & Country Gardening and Landscaping, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-191 C.S. 10. Authorize the City Manager to Enter into an Agreement with Citygate Associates, LLC to Conduct a Community Risk Assessment / Standards of Cover Study for the City of Monterey Fire Department at a Cost not to Exceed $66,776 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-192 C.S. 11. Amending Resolution 11-058 that Approved the Final Map, Condominium Plan with Amended Conditions of Approval, Authorized the Recording of the Affordable Housing Agreement and Authorized a Memorandum of Agreement for 1330 Skyline Drive to Remove Project Phasing References (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-193 C.S. Other 12. Recognize Arbor Week and Receive the 39th Consecutive Tree City Award (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received the Tree City Award and recognized Arbor Week and the efforts of the Urban Forestry Division of the Parks & Recreation Department *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda The City Council adjourned to the Ocean View Community Services District's Consent Agenda. 13. 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 Asst. City Attorney Salameh said that there was no report. Public comment was not received on the matter. Adjourn to City Council Meeting The Ocean View Community Services District adjourned to the City Council meeting. 4  City Council Minutes December 15, 2020 PUBLIC APPEARANCE 14. Appoint 2021 Representatives to Outside Agencies and City Committees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed as presented with no changes from the prior year’s appointments The Council stated that they did not see the need to change their existing appointments. 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 reappointed the Councilmembers to their currently held positions, as presented in the agenda report, for the calendar year 2021: 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) *** No public comment was received on the closed session. The Council adjourned to closed session at 5:06 p.m. RECESS The Council recessed at 5:47 p.m. RECONVENE The Council reconvened at 7:02 p.m. with Councilmember Williamson absent. Assistant City Manager Rojanasathira reminded the public how to participate in the meeting and provide public comment. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was not received. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs1. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(1) (One Case) Action: On a roll call vote of 3-2 (Councilmembers Haffa and Williamson voting no), the Council gave confidential direction to their legal counsel 5  City Council Minutes December 15, 2020 PRESENTATIONS (EVE) 15. Presentation on First Night Monterey’s Virtual Event (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Ellen Martin, First Night Monterey Executive Director, delivered a brief presentation on the plans for a community-wide celebration on New Years Eve. PUBLIC APPEARANCE (EVE) 16. Receive Unaudited General Fund October 2020 Year-to-Date Financial Report (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received the unaudited General Fund fiscal report Finance Director Lai gave the staff presentation. Councilmember Williamson joined the meeting at approximately 7:20 p.m. during the presentation. Public comment was received from Laura Pratt, General Employees of Monterey, who spoke against using the rehiring fund for anything other than rehiring employees, and Esther Malkin, who suggested the City charge bigger landlords for business licenses. The Council discussed the matter. It was suggested to present to the public more transparently the facts surrounding needed facility improvements. It was requested to know whether the City could sell assets or rent its buildings as office space. On question, Human Resources Director Hauck said that there are currently 25 vacant staff full- time positions. The Council commented that the rehiring fund is to be used for hiring people back when they can be hired back. It was stated that taking that money and using it for anything else would have to be a last resort. It was stated that using the benefits fund would make sense for paying unemployment benefits, if feasible. It was stated that it is appropriate to look at the City's reserve funds. It was stated that the reserves should be saved until the last possible moment. It was stated that the Council should keep looking for new revenue opportunities. It was stated that revenue won't come back for a while and the Council needs to make short-term plans. 17. Amending Resolution 20-176 and Ratifying the December 4, 2020 Order of the Director of Emergency Services (Monterey City Manager) to Keep Playgrounds Closed (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 20-194 C.S. Public comment was received from Esther Malkin, who spoke about people using the facilities at Laguna Grande Park, and Jil Johnson, who spoke about kids needing to play. City Manager Uslar provided an explanation about the serious health concerns relating to people gathering during the pandemic. The Council spoke about the need to keep the community safe. It was commented that playgrounds pose a risk but may not be a major risk. It was suggested that families utilize open space such as the beach, large grassy areas, and the recreation trail, and that the City should be judicious with the public's health. It was noted that some families lack their own outdoor spaces and resources to get to public outdoor spaces. 6  City Council Minutes December 15, 2020 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 No. 20- 194 C.S. to amend Resolution 20-176 and Ratifying the December 4, 2020 Order of the Director of Emergency Services (Monterey City Manager) to Keep Playgrounds Closed: 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 8:35 p.m. and reconvened at 8:45 p.m. 18. Receive a Report on the Monterey Police Department's Commitment to Equity in Policing by the Use of Fair and Impartial Policing Policies, Programs, and Practices (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report Police Chief Hober, Lieutenant Bruno, Acting Assistant Chief Andrews, and Officer Amy Ament gave the staff presentation. Police Chief Hober answered Councilmembers' questions. Public comment was received from Jil Johnson and Esther Malkin, who both spoke favorably about the Monterey Police Department. The Council discussed the matter. Kudos were expressed to the Multi-Disciplinary Outreach Team (MDOT) and Community Action Team (CAT) and to the department for its recruitment and training programs and diversity. It was requested to see information annually that would include complaints, use of force complaints, and outcomes. It was commented that a greater representation of women on the force would be desirable. It was suggested that the Council receive an update on key policy changes that have come through Lexipol. It was suggested that the information be provided on a dashboard that is easily viewable and accessible by the public. A question was posed about how to best utilize the police officers and how the City could use other resources to deescalate certain situations. It was proposed to hold town hall meetings in order to work with the community on questions of policing. It was requested to receive more information about incidents. It was questioned whether the City could evaluate the 9-1-1 calls and have the public be part of the conversation. It was stated that regional collaboration with other police departments is needed. It will be important to revise the resolution to better capture the spirit the Council wishes to achieve in its policy making decisions, let’s make sure we have a document that is thorough and can reference that the Council can base its policy decisions on. It was posed that it could benefit the City to have trainings provided by local organizations about diversity, equity, and inclusion. Appreciation for the Monterey Police Department was expressed, and it was noted that the number of complaints received is exceptionally low. On question about whether Monterey P. D. has beat-specific training related to racial diversity, Police Chief Hober said that all officers serve everyone in the City and are trained to treat everyone with dignity and respect regardless of background. He said that the MDOT program is the best way for the City to assist people 24-hours a day with varying issues and refer them to social services as needed. 7  City Council Minutes December 15, 2020 19. City Manager’s Update 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 update City Manager Uslar gave the presentation and answered Councilmembers' questions. It was requested by Council to receive an update on the Local Coastal Area Plan in the next few months. Public comment was not received on the matter. COUNCIL COMMENTS Councilmember Haffa said that he had seen disturbing data about growing homelessness affecting children in the Monterey Peninsula Unified School District (MPUSD). He said that anyone experiencing housing challenges should look into getting help from the City's rental assistance program. He said that some residents are concerned about the athletic facilities being proposed for Monterey High School and stated that a few years ago, the community fought to keep Monterey High School open. He said that having high quality schools in the community is a benefit to everyone, and quality athletic and extracurricular programs is important for children's wellbeing, development, and health. He encouraged residents to work with the school district to try to find ways to mitigate their concerns. Councilmember Smith thanked the City Manager for sending a response to the school district regarding the EIR, and encouraged residents to keep the input coming. He expressed appreciation for City employees who serve the community. Councilmember Albert pointed out that a bond provided for improving infrastructure for Monterey High School and that the proposed athletic improvements were the last step of the needed renovations. He shared his pride about the City's work with trees and noted the recognition of Arbor Week. The Councilmembers wished everyone happy holidays and exhorted all to wear masks and be safe. CITY MANAGER REPORTS City Manager Uslar shared statistics regarding the Fire Department’s work in 2020 assisting with fires throughout California, and regarding the Council’s actions throughout the calendar year. He said that the City should be proud of its accomplishments in this difficult and historic year. He thanked the Council and wished all happy holidays. ADJOURNMENT The Council adourned at 10:49 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8