Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 20, 2021 4:00 PM 7:00 PM MONTEREY, CALIFORNIA ZOOM TELECONFERENCE 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, Parks and Recreation Director, City Clerk, Human Resources Director, Property Manager, Fire Chief, Parking Superintendent, Deputy Human Resources Manager, Assistant Finance Director, 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 4:00 p.m. Assistant City Manager Rojanasathira explained to the public how to participate in the virtual meeting and provide public comment. PRESENTATIONS 1. Report on 211 Monterey County by Katy Castagna, President and CEO, United Way Monterey County (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Katy Castagna and Kalyssa King, with United Way Monterey County, gave the presentation and took questions and praise from the Councilmembers. Public comment was not received. 2. Receive Presentation on Parking Operation Enhancements (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Parking Superintendent Steffy gave the presentation and answered Councilmembers' questions. Public comment was received from Nina Beety, who asked for further information about the license plate reader technology. PUBLIC COMMENTS Public comment was not received on non-agendized matters. City Council Minutes April 20, 2021 2  City Council Minutes April 20, 2021 CONSENT ITEMS Mayor Roberson noted that Nina Beety had requested that Item 3 be pulled from Consent. Councilmember Smith stated that he would recuse himself from voting on Item 6 due to the location of his business within the district of the Old Monterey Business Association. Public comment was not received on the Consent Items. 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 approved the CONSENT ITEMS except Item 3, and with Councilmember Smith recusing himself from voting on Item 6: 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 3. April 6, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Approved Public comment was received fron Nina Beety, who expressed the desire to have public comments on non-agendized matters detailed in the City Council's minutes. It was commented by the Council that recordings of meetings provide verbatim comments for the record. 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 April 6, 2021 minutes: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 4. April 9, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 5. 2nd Reading Amending the City's Purchasing Ordinance to (1) Authorize the Electronic Opening of Bids, (2) Exempt from Competitive Procurement Requirements Contracts that have Expired Terms but Portions of the Work Remains to be Completed; and (3) Expand Contracts in Furtherance of Public Policy to Include 501(c)(6) Organizations and Increase the Existing Cap on these Awards to $1,000,000 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3637 C.S. 3  City Council Minutes April 20, 2021 Resolutions 6. Approve Annual Contributions to Cannery Row Business Improvement District, North Fremont Business Improvement District, New Monterey Business Improvement District ($10,500 each), Old Monterey Business Association ($50,000) and Fisherman’s Wharf Association ($25,607) (Not a project under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-035 C.S. (4-0-1, Councilmember Smith recused) 7. Ratifying Order 21-2 of the Director of Emergency Services (Monterey City Manager) Reopening All Parks and Playgrounds Under Certain Conditions (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 21-036 C.S. Other 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 78 Fisherman's Wharf (Concession 21); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Anthony Rappa; Under Negotiation: Terms and Conditions for Consent to Assignment of Sublease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed negotiators Kimberly Cole and Janna Aldrete *** End of Consent Agenda *** *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from Paul Bowker, who spoke regarding his relationship to the matter agendized as closed session Item cs1. The Council adjourned to closed session at 5:08 p.m. RECESS 5:30 p.m. RECONVENE The Council reconvened at 7:03 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Assistant City Manager Rojanasathira reminded the public how to participate in the virtual meeting and provide public comment. Public comment on non-agendized matters was received from Lorna Moffat, an unidentified man, and Jean Rasch. 4  City Council Minutes April 20, 2021 ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 78 Fisherman's Wharf (Concession 21) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Anthony Rappa Under Negotiation: Terms and Conditions for Consent to Assignment of Sublease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to their property negotiators cs 2. BECERRA-MARQUEZ, PEDRO vs. CITY OF MONTEREY, et. al. WCAB No. ADJ: ADJ11340948: Fwd: Conference with Legal Counsel - Existing Litigation Pursuant to Government Code Section 54956.9(d)(1) Name of Case: BECERRA-MARQUEZ, PEDRO vs. City of Monterey (Workers' Compensation Appeals Board) Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel cs3. 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: Not heard cs 4. Performance Evaluation pursuant to Government Code section 54957(b)(1): City Attorney Christine Davi (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: To be heard in the evening PUBLIC HEARING (EVE) 9. Recommend that the City Council Adopt the 2021/2022 Annual Action Plan for Community Development Block Grant Funds, Substantial Amendments to the 2019/2020 and 2020/2021 Annual Action Plans for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) Action: Adopted Resolution No. 21-037 C.S. Housing Analyst Leonard gave the presentation and answered Councilmembers' questions. On question, Community Development Director Cole said that using the funds to fund emergency rental assistance would take away from public service grants. Public comment was received from Esther Malkin, who asked questions about the deed restriction program and said that she didn't recall receiving notice regarding the January 21, 2021 meeting when the agencies presented their applications to the City's grant committee. 5  City Council Minutes April 20, 2021 On question, Housing Analyst said that the Permanent Local Housing Allocation is subject to the restrictions of the California Department of Housing and Community Development, rather than HUD rules. He said that the City sold eight units in the deed restriction program in the last year. Community Development Director Cole said that the lack of water supply is a major impediment to new housing developments including the City's ability to add affordable units. A motion was introduced by Councilmember Albert, and seconded by Councilmember Smith, to Adopt the 2021/2022 Annual Action Plan for Community Development Block Grant Funds, Substantial Amendments to the 2019/2020 and 2020/2021 and Authorize Submittal to the U.S. Department of Housing and Urban Development. The Council discussed the matter. It was stated that the Covia program provides a way to increase housing stock by providing individuals with the ability to rent out rooms in their homes. It was stated that the City may want to look at how to prioritize CDBG funds for opportunity sites if necessary. It was stated that there is a desire to develop a long-term, sustainable rental assistance program, regardless of whether or not it makes sense to use CDBG funds for the program. Long-term, it was suggested to identify a stable source of funding for such a program, which could be commercial cannabis if the Council moves forward with pursuing that funding source. It was stated that there are many worthy programs competing for a too-small pot of money. It was requested that the staff consider producing an updated "Housing Snapshot." 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) PUBLIC APPEARANCE (EVE) 10. 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 staff presentation. Public comment was not received on the matter. COUNCIL COMMENTS Councilmember Williamson shared an update from Monterey One Water, saying that at the March board meeting, staff was directed to move forward with the environmental study for the expansion project, which will come back to the board at its upcoming meeting to decide about certification. He said this would prepare the agency to be able to enter into a water purchase agreement with Cal-Am Water to provide water to the Monterey Peninsula. He spoke about the verdict for the murder of George Floyd and expressed relief but said there is still plenty of work to be done to achieve racial justice. Councilmember Albert said that Monterey-Salinas Transit is planning to use the tracks between Marina and Seaside to take buses off of Highway 1. He said that he hopes the City will support that important project. He said that residents have asked about the status of the Local Coastal Program. He spoke with excitement about the reopened Monterey Sports Center. 6 City Council Minutes April 20, 2021 Councilmember Smith echoed positive comments about the reopened Monterey Sports Center. He said that the upcoming handcars on the train tracks will be a test demonstration only. He said that the League of California Cities Public Safety Committee has reviewed many proposed bills. He said that the Transportation Agency for Monterey County (TAMC) is looking to fill the Executive Director position due to the retirement of Debbie Hale. Councilmember Haffa said that the three Peninsula Cities that share seats on the boards of Central Coast Community Energy (3CE) are considering adopting a memorandum of understanding to provide for a regular, clearly defined rotation. He recommended a rotation that would have the Policy Board representative and Operations Board representative at any given time be officials from the same City. Mayor Roberson reported on the recent Monterey Peninsula Water Management District (MPWMD) meeting. He said that May is Water Awareness Month and that there will be webinar workshops for the public to attend. He said that the restaurant outdoor dining program from the MPWMD has been extended for one year. He said that the board adopted new strategic planning documents. He reported on discussions both current and going forward regarding the Las Padres Dam. CITY MANAGER REPORTS City Manager Uslar said that there are currently openings in the City's preschool programs. He encouraged attending an upcoming event in front of Colton Hall to speak out against discrimination against people of Asian and Pacific Islander descent. The City Council adjourned to closed session at 8:36 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs 4. Performance Evaluation pursuant to Government Code section 54957(b)(1): City Attorney Christine Davi (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Discussed, no action taken ADJOURNMENT The Council adjourned at 10:04 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 7