Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 3, 2021 7:00 PM COUNCIL CHAMBER AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson*, Roberson Absent: None * Participated remotely by videoconference 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, Engineering Assistant, Senior Engineer, Police Lieutenant 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. *** Evening Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 7:03 p.m. City Clerk Klein and Assistant City Manager Rojanasathira explained to the public about the methods for public participation via videoconference and in person, and the safety regulations in place for in-person attendance. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Petty Officer First Class Zachary Acosta and Airman First Class Samira Mehta Mayor Roberson presented the proclamation to Airman First Class Samira Mehta, who made brief remarks, and on behalf of Petty Officer First Class Zachary Acosta. PUBLIC COMMENTS Public comment on non-agendized matters was received from Tom Rowley, Dorit Gersh, Luis Osorio, Esther Malkin, Jean Rasch, and Joseph. CONSENT ITEMS Mayor Roberson stated that members of the public had requested to pull Items 6 and 8 from Consent. Public comment was not received on the Consent Items. The Council thanked Montage Health Foundation for the e-bikes being donated to the Monterey Police Department.  City Council Minutes August 3, 2021 On a motion by Councilmember Williamson, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 6 and 8: 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. July 6, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. July 19, 2021 (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 Municipal Improvements Job Order Contract 2021 for City Projects in the Amount of $1,000,000 to the Don Chapin Co., Inc. and Teichert Construction (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP*** Action: Adopted Resolution Nos. 21-080 and 21-081 C.S. Resolutions 5. Amend the Construction Contract for the Presidio of Monterey (POM) B838 Fire Alarm System Replacement R1 Project for Presidio Municipal Services Agency to Red Wave Comm Inc. by Increasing the Contract Amount from to $54,000 to $151,750 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) Action: Adopted Resolution No. 21-082 C.S. 6. Adopt the Fisherman Flats Neighborhood Traffic Calming Plan and Approve the Conceptual Scope of Work for Proposed Traffic Calming Projects Included in the Plan ***NCIP*** (Exempt from CEQA, Article 19, Section 15301, Class 1 and Section 15303, Class 3) Action: Pulled from Consent; Tabled Public comment was received from Tom Rowley, who requested that the Council postpone the item to allow for further participation by the neighborhood. On question, City Manager Uslar said that there is not much funding left for the project. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council tabled the matter: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 2  City Council Minutes August 3, 2021 7. Adopt the Del Monte Grove–Laguna Grande Neighborhood Traffic Calming Plan and Approve the Conceptual Scope of Work for Proposed Traffic Calming Projects Included in the Plan ***NCIP*** (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 21-083 C.S. 8. Approve the Neighborhood and Community Improvement Program Manual (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Continued to first regular meeting in September, 2021 Public Works Director Wittry gave a brief presentation on the background of the matter and explained that the last page of the manual included a new Neighborhood and Community Improvement Program (NCIP) neighborhood map that includes every square foot of the City so that every resident would have representation within the NCIP program going forward. On question, he said that the Chair and Vice Chair of the NCIP Committee had reviewed the draft manual. Public comment was received from: Tom Rowley, who spoke in favor of the inclusion of the entire City within the NCIP map; Pat Venza, who said that the NCIP Committee should be included in review of their manual before it goes to Council; and Jean Rasch, who echoed Ms. Venza and referenced concerns about specific changes to the manual. The Council noted that the proposed manual would help to eliminate the Council’s involvement in future revisions to the manual. On question, City Attorney Davi said that the proposed manual leaves future revisions to the discretion of staff in order to ensure the legality of the processes conducted by the NCIP. She noted that most legal aspects have been put into an ordinance, and others are covered elsewhere by the City's Charter and the Fair Political Practices Commission's requirements. The Council stated that the full NCIP Committee should have the ability to comment on the draft manual before the Council adopts it. It was discussed how best to go about this, and it was questioned how the NCIP Committee could bring concerns about the manual to staff for revision in the future. City Manager Uslar suggested to continue the item as-is for four weeks, and to invite NCIP Committee members to speak on the proposed manual during public comments when the matter returns to the Council. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to continue the item to the first regular Council meeting in September, 2021. It was suggested by Council that members of the NCIP Committee submit any remarks and feedback to staff in time for proper review before the next time the matter comes before Council. It was suggested by Council that the adopting resolution be amended to add language that welcomes suggestions and modifications from the NCIP Committee. The motion carried by the following roll call vote: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3  City Council Minutes August 3, 2021 9. Authorize Acceptance of a Montage Health Foundation Donation of Three Electric Bicycles to the City of Monterey for Monterey Police Department Use (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-084 C.S. Other 10. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 96 Fisherman's Wharf (Concession 16); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Benji Shake (Monterey Sportfishing, Inc.); Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed real property negotiators Kimberly Cole and Janna Aldrete 11. Appoint Councilmember Albert as the Voting Delegate for the 2021 League of California Cities Annual Conference - September 22-24, 2021 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Councilmember Albert as the Voting Delegate *** End of Consent Agenda *** COUNCIL COMMENTS No comments were made. CITY MANAGER REPORTS City Manager Uslar announced the following: the Scholze Park senior center re-opened, preschool is in full swing, most firefighters are back from fires throughout the State, the Library's bookmobile resumed service, and the City's new website is almost ready to be launched. He announced an upcoming walk at Laguna Grande Park on August 14, 2021. *** Adjourn to Closed Session (See additional agenda) *** Public comment was not received on the closed session. The Council adjourned to closed session at 8:23 p.m. REPORT FROM CLOSED SESSION cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 96 Fisherman's Wharf (Concession 16) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Benji Shake (Monterey Sportfishing, Inc.) Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a roll call vote of 3-2 (Councilmembers Albert and Smith voting no), the Council gave confidential direction to their real property negotiators 4 City Council Minutes August 3, 2021 cs2. (1) Public Employee Performance Evaluation (City Manager) Pursuant to Government Code section 54957(b)(1), and (2) Conference with Labor Negotiator Pursuant to Government Code 54957.6 - Unrepresented Employee (City Manager); Agency Negotiator: Allyson Hauck (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken 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), and Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA 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 its labor negotiator ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 5