Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 15, 2021 4:00 PM 7:00 PM CITY COUNCIL CHAMBER, 580 PACIFIC STREET AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Smith*, Williamson*, Roberson Absent: Haffa * Participated remotely via videoconference City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, City Clerk, Human Resources Director, Property Manager, Library Director, Parks Operations Manager, Parking Superintendent, Sports Center Manager, Administrative Analyst (Housing), Interim Recreation and Community Services Manager, Senior Accountant, Traffic Engineer, Harbormaster, Deputy Human Resources Manager, Police Lieutenant, Human Resources Specialist, Recording Secretary, Administrative Assistant, , Systems and Network Administrator, Human Resources Specialist, Senior Accountant, Fire Chief ***Afternoon Session Agenda *** CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020 and Section 42 of Executive Order N-08-21 issued by Governor Newsom on June 11, 2021, the meeting was conducted with a hybrid combination of telephonic/video participation (via Zoom) and in-person attendance in the Council Chamber. Mayor Roberson called the meeting to order at 4:14 p.m. City Clerk Klein and Assistant City Manager Rojanasathira explained to the public about the methods for public participation via Zoom and in person, and the safety regulations in place for in-person attendance. City Clerk Klein called the roll, with Councilmembers Smith and Williamson participating via Zoom videoconference, Mayor Roberson and Councilmember Albert present in the Council Chamber, and Councilmember Haffa absent. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements in 2021(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized Mr. Helms and Mr. Pagan Public Works Director Wittry and City Manager Uslar spoke about the accomplishments of George Helms, recently retired General Services Superintendent, and 25-year City employee Wilfredo Pagan, Building Maintenance Craftsworker.  City Council Minutes June 15, 2021 PUBLIC COMMENTS Public comment on non-agendized matters was received from Tom Rowley. CONSENT ITEMS Public comment on the Consent Items was received from Wendy Brickman, who spoke in favor of Item 6. Items 8, 9 and 10 were pulled from the Consent Items by the Council in order to hear brief reports. Councilmember Smith said that he would abstain from voting on Item 11 due to his business' location in one of the districts. On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 8, 9, and 10, and with Councilmember Smith abstaining on Item 11: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. May 26, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved (4-0-1, Councilmember Haffa absent) 3. June 1, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved (4-0-1, Councilmember Haffa absent) Award of Construction Contracts 4. Award a Construction Contract in an Amount Not to Exceed $3,369,761 to Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, 21080) Action: Adopted Resolution No. 21-061 C.S. (4-0-1, Councilmember Haffa absent) Resolutions 5. Amend and Restate Resolution 20-060 (Parking Division Rates and Fees) to Correct Clerical Errors in the Master Fee Schedule (Resolution 15-215) (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-062 C.S. (4-0-1, Councilmember Haffa absent) 6. Extend the Current Monterey County Locals Parking Program in the Automated Waterfront Lot Through December 31, 2021 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-063 C.S. (4-0-1, Councilmember Haffa absent) 2  City Council Minutes June 15, 2021 7. Authorize a $55,680 Payment in Excess of Contract Amount for On-Call Wharf 1 & 2 Fire Sprinkler Repairs and Service, and Authorize Budget Appropriation Adjustments for $12,887 in the Tidelands Trust Fund and $42,793 in the Wharf I Sprinkler System Fund (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-064 C.S. (4-0-1, Councilmember Haffa absent) 8. Declare City Properties Located at 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, 587 and 593 Van Buren Street, and 587 and 593 Van Buren Street to be Exempt Surplus Land Pursuant to the Surplus Land Act (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. 21-065 C.S. (4-0-1, Councilmember Haffa absent) Community Development Director Cole and Housing Analyst Leonard gave a brief verbal presentation and answered Councilmembers' questions. It was stated by staff that the sites do not come with adequate water resources and that a process must take place collaboratively with Monterey Peninsula Water Management District and the State to resolve water supply related issues. Public comment was received from Esther Malkin, who asked for clarification on water availability and said that water should always go to 100% affordable housing. City Manager Uslar said that the Monterey Peninsula Water Management District has requested 75 acre feet of water for housing solutions on the Monterey Peninsula, which he said would include the properties on Garden Road, which he said would be approximately 400 units requiring 20-22 acre feet of water. The Council discussed the matter and stressed that affordable housing needs to be a high priority for the City. It was stated that home ownership is an equity issue and a goal in the City of Monterey. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 21- 065 C.S. Declaring City Properties Located at 417 Figueroa Street, 442 Adams Street, 438 Calle Principal, and 587 and 593 Van Buren Street to be Exempt Surplus Land Pursuant to the Surplus Land Act: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Authorize the City Manager to Execute a Memorandum of Understanding with the City of Seaside to Designate City of Monterey as Lead Agency for CEQA Environmental Review of North Fremont Bike and Pedestrian Improvement Project from Casanova Avenue to Canyon Del Rey Boulevard (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 21-066 C.S. (4-0-1, Councilmember Haffa absent) Community Development Director Cole gave a verbal presentation and displayed images from the Council agenda packet. She and Traffic Engineer Renny answered Councilmembers' questions. 3  City Council Minutes June 15, 2021 Public comment was received from Esther Malkin, Richard Ruccello, and Kathie Buaya, who all spoke in favor of the matter and shared comments and suggestions. 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 No. 21-066 C.S. to Adopt Resolution Approving Memorandum of Understanding with City of Seaside to Designate City of Monterey as Lead Agency for CEQA Environmental Review of North Fremont Bike and Pedestrian Improvement Project from Casanova Avenue to Canyon Del Rey Boulevard: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 10. Authorize the Appropriation of Funds in the Amount of $109,965 to Create a Trail Maintenance Strategy and Conduct Environmental Review for Laguna Grande Regional Park; Authorize Increase in Revenue by $84,982.50 from the Laguna Grande Joint Powers Authority Member Entities (City of Seaside $24,982.50 and Monterey Peninsula Regional Park District $60,000); Allocate $24,982.50 from the General Fund; and Issue Payment to BFS Landscape Architects Upon Completion of the Work (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. 21-067 C.S. (4-0-1, Councilmember Haffa absent) Community Development Director Cole gave a verbal presentation and displayed images from the Council agenda packet. The Council thanked the community in the Laguna Grande Regional Park area and the voters who supported Measure X. It was suggested to have a presentation to the Council so that Monterey residents can share their feedback before the matter goes to the Joint Powers Agency (JPA). Public comment was received from Esther Malkin, who urged caution regarding fire danger; Kathie Buaya, who asked for information on the FORTAG EIR; and Michele Cry, who spoke in favor of the item. Mayor Roberson left the meeting at 5:08 p.m. and returned at 5:09 p.m. during public comment. Community Development Director Cole addressed the question about the FORTAG EIR and said that the slightly different project areas will be connected through the various efforts. The Council thanked the City of Seaside and the Monterey Peninsula Regional Park District for partnering with the City of Monterey on the park. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 21-067 C.S. to Authorize the Appropriation of Funds in the Amount of $109,965 to Create a Trail Maintenance Strategy and Conduct Environmental Review for Laguna Grande Regional Park; Authorize Increase in Revenue by $84,982.50 from the Laguna Grande Joint Powers Authority Member Entities (City of Seaside $24,982.50 and Monterey Peninsula Regional Park District $60,000); Allocate $24,982.50 from the General Fund; and Issue Payment to BFS Landscape Architects upon Completion of the Work: 4  City Council Minutes June 15, 2021 AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-068 C.S. (3-0-1-1, Councilmember Haffa absent, Councilmember Smith abstaining 12. Establish the 2021-22 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-069 C.S. (4-0-1, Councilmember Haffa absent) Other 13. Receive Mayor’s Recommendations and Make Appointments to the Architectural Review Committee, Measure P & S Oversight Committee, and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Reappointed Robert Bluth, Edward Hunter, and Patrick Tregenza to the Architectural Review Committee (ARC) for terms expiring June 30, 2025; Appointed Justin Cheng to the Measure P & S Oversight Committee, for a term through the life of the ballot measure; and Reappointed Michael Brassfield, Michael Dawson, Daniel Fletcher, and Stephen Millich to the Planning Commission for terms expiring June 30, 2025 (4-0-1, Councilmember Haffa absent) 14. Approve City’s Response to the 2020-2021 Monterey County Civil Grand Jury Final Reports – “The North Fremont Bicycle and Pedestrian Improvements Project, A Bike Path to Nowhere?" (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved City's response (4-0-1, Councilmember Haffa absent) 15. Approve City's Response to the 2020-2021 Monterey County Civil Grand Jury Final Report - "Revisiting the 2017 Grand Jury Report: 'Preservation of Historical Documents of Monterey County' " (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved City's response (4-0-1, Councilmember Haffa absent) 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Christie Wilde (Keystone America, Inc. dba The Paul Mortuary, a subsidiary of Service Corporation International); Under Negotiation: Terms and Conditions for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete (4-0-1, Councilmember Haffa absent) 5  City Council Minutes June 15, 2021 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 401 Pearl Street (Monterey Tennis Center); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Montgomery Roth and Richard Snelling (Monterey Waves, LLC); Under Negotiation: Terms and Conditions for Concession Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete (4-0-1, Councilmember Haffa absent) *** End of Consent Agenda *** PUBLIC APPEARANCE 18. Adopt a Resolution Amending Memoranda of Understanding with the Monterey Executive Management Employees' Association (MEMEA) and the General Employees' of Monterey (GEM) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-070 C.S. (4-0-1, Councilmember Haffa absent) Human Resources Director Hauck gave a verbal presentation explaining the terms of the extensions to the labor contracts through June 30, 2022. Public comment was not received on the matter. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 21- 070 C.S. to Amend the Memoranda of Understanding with the Monterey Executive Management Employees' Association (MEMEA) and the General Employees' of Monterey (GEM): AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson stated that the Council would not hold its closed session during the afternoon session. RECESS The Council recessed at 5:17 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:05 p.m. 6  City Council Minutes June 15, 2021 PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. City Clerk Klein called the roll, with Councilmembers Smith and Williamson participating via Zoom, Mayor Roberson and Councilmember Albert present in the Council Chamber, and Councilmember Haffa absent. City Clerk Klein and Assistant City Manager Rojanasathira explained to the public about the methods for public participation via Zoom and in person, and the safety regulations in place for in-person attendance. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Kayla Gomez. PUBLIC APPEARANCE (EVE) 19. Adopt the FY2021/22 Operating Budget (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-071 C.S. (4-0-1, Councilmember Haffa absent) City Manager Uslar gave the staff presentation. At 7:28 p.m. the Council briefly recessed due to technical issues. The meeting resumed at 7:30 p.m. City Manager Uslar continued his presentation and answered Councilmembers' questions. Public comment was received from Jason Potts, who spoke about his military experience; Sherry Flumerfelt, Monterey Bay Fisheries Trust, Marsha Moroh, Monterey Public Library Trustee, and Rob O'Keefe, Monterey County Conventions and Visitors Bureau (MCCVB), who all expressed gratitude to the City for its support of their organizations; and Esther Malkin, who noted the COVID-19 pandemic is not over yet and referred to cannabis as a revenue source. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert to adopt Resolution No. 21-071 C.S. to Adopt the FY2021/22 Operating Budget. The Council discussed the motion. The staff was praised for their hard work on the budget, and the labor groups for making concessions during negotiations. It was suggested to look at extending laid-off staff’s return rights for staff upon reopening (from two years to three years), including first rights to other positions that may become available. It was stated that there was not a lot of time to review the budget with members of the public between the agenda's publication and the Council meeting. It was stated that commercial cannabis and a vacancy tax would both provide opportunities for needed revenue generation. It was stated that the overall work environment is changing and that the City should look at consolidating staff and how best to use its office spaces. It was urged that the City work to make it easier for residents to do things for themselves electronically to reduce strain on staff. It was stated that there should be a larger conversation about the Fire Department and a standards of coverage study. It was proposed to do further cost recovery analysis and stated that there are opportunities, including private efforts, to better cover costs associated with the Sports Center. 7  City Council Minutes June 15, 2021 The motion carried by the following vote, which was conducted by roll call: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 8:55 p.m. and reconvened at 9:08 p.m. 20. Receive Presentation on Marina Parking Lot Improvements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Public Works Director Wittry and Traffic Engineer Renny gave the staff presentation and answered Councilmembers' questions. Public comment was received from Eloise Shim, who referred to a recent safety concern in a City parking garage. COUNCIL COMMENTS Councilmember Albert reported on the the upcoming retirement of Monterey Regional Waste Management District General Manager Tim Flanagan, and said that Monterey-Salinas Transit has approved the SURF! Rapid Transit bus lane project that he said will improve traffic conditions. Councilmember Smith spoke about the recent Flag Day holiday. Mayor Roberson shared a list of many of the projects in which the Monterey Peninsula Water Management District is involved, and said that the source of its funding is a user fee. CITY MANAGER REPORTS City Manager Uslar reported that the Wharf I compactor room is almost finished and that a ribbon cutting will come soon. He said that the Senate has approved the Juneteenth national holiday to commemorate the emancipation of slaves. Public comment was not received on the closed session. The Council adjourned to closed session at 9:40 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 401 Pearl Street (Monterey Tennis Center); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Montgomery Roth and Richard Snelling (Monterey Waves, LLC); Under Negotiation: Terms and Conditions for Concession Agreement (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 real property negotiators 8 City Council Minutes June 15, 2021 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Christie Wilde (Keystone America, Inc., dba The Paul Mortuary, a subsidiary of Service Corporation International); Under Negotiation: Terms and Conditions for Lease Extension (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 real property negotiators ADJOURNMENT The Council adjourned at 9:59 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 9