Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 17, 2021 4:00 PM 7:00 PM COUNCIL CHAMBER AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson*, Roberson Absent: None * Participated remotely via videoconference City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, City Clerk, Human Resources Director, Property Manager, Library Director, Urban Forester, Systems Analyst, Police Lieutenant, Senior Administrative Analyst (Police), Senior Administrative Analyst (Public Works) ***Afternoon Session Agenda *** 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. CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. and noted that all Councilmembers were present in a combination of in-person and virtual attendance. City Clerk Klein and Assistant City Manager Rojanasathira explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. PUBLIC COMMENTS Public comment on non-agendized matters was received from Jean Rasch and Tanja Roos. CONSENT ITEMS Public comment was not received on the Consent Items. 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 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)  City Council Minutes August 17, 2021 Approval of Minutes 1. August 3, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 2. Award Two Citywide Fuel Reduction Job Order Contracts 2021 in an Amount not to Exceed $1,000,000 Each to West Coast Arborists, Inc. and Tope's Tree Service, Inc. (Mitigated Negative Declaration approved on December 8, 2020) Action: Adopted Resolution Nos. 21-085 and 21-086 C.S. 3. Authorize Mark43 Police Records Management System Purchase and Service Contract for $557,700 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-087 C.S. 4. Authorize the Purchase of Three (3) Three Wheeled GO-4 Parking Enforcement Vehicles in the amount of $113,397.26 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-088 C.S. 5. Authorize the Finance Director to Appropriate $787,686.20 for Unscheduled Maintenance Project Budgets and Appropriate Additional Project Budgets, not exceeding $350,000 individually, through June 30, 2022 under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 21-089 C.S. 6. Appropriate $36,767 to the Public Safety Training & Services Fund from Available Fund Balance and Accept a Donation from Georges E. Argoud, M.D., and Patrice Argoud to the City of Monterey Fire Department for the Purchase of Two Heart Monitors (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-090 C.S. 7. Appropriate $76,784 in Grant and Donated Funds to the 2021-22 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. 21-091 C.S. Other 8. Ratifying Order 21-3 of the Director of Emergency Services (Monterey City Manager) Cancelling the Bakersfield Train Robbers at Monterey Amberjacks Game on August 1, 2021 due to a Potential COVID-19 Outbreak Among Bakersfield Train Robbers Baseball Players (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 21-092 C.S. 2  City Council Minutes August 17, 2021 9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1 Fisherman's Wharf (Concession 1); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Sally Elves and Sherry Tuioti (Harbor House Gifts Monterey, 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 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 Anthony Lombardo, who spoke about the Monterey Sportfishing item and addressed the Council on behalf of his client Mr. Shake regarding lease terms. The Council adjourned to closed session at 4:20 p.m. RECESS 5:30 p.m. RECONVENE The Council reconvened at 7:00 p.m. City Clerk Klein and Assistant City Manager Rojanasathira reminded the public about how to participate virtually and in-person. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Esther Malkin, Lorna Moffat, and Nina Beety. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: From the special closed session: cs1. Conference with Legal Counsel – Deciding Whether to Initiate Litigation – Government Code Section 54956.9(d)(4) (One Case) Action: No reportable action taken From the regular 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) 3 City Council Minutes August 17, 2021 Action: On a unanimous roll call vote, the Council accepted signed term sheet for a new ground lease with Monterey Sportfishing, Inc. for the premises located at 96 Fisherman’s Wharf under the following terms and conditions: Premises: Approximately 1,568 square feet of lower level and open platform area; approximately 3,600 square feet of water space. Use: Charter Boat Operations Base Rent: Year 1 $1.00 per square foot per month Year 2 $1.25 per square foot per month Year 3 $1.67 per square foot per month Year 4 Base Rent to be adjusted annually by any increase in the Consumer Price Index for all Urban Consumers for the San Francisco-Oakland-Hayward Area. Percentage Rent: 4% of gross sales in excess of monthly Base Rent. Common Area Maintenance Fee: The estimated Common Area Maintenance Fee is $315.00 per month. Term: 10 Years Option to Extend Tenant shall be provided with one (1) option to extend for a period of ten (10) years. Utilities: Tenant agrees to pay for all utilities which includes, but is not limited to, electricity, gas, water, sewer and trash service that is provided by Monterey City Disposal Services and the City of Monterey. Improvements: Tenant agrees to repair or replace six (6) fender piles identified as “severe” in the City’s Condition Survey Report prepared by COWI. Work shall be completed to the satisfaction of the City Engineer or his designee. Repairs & Maintenance: Tenant shall be required to repair and maintain the leased Premises, including structural and fender piles. Taxes and Insurance: Tenant agrees to pay for any and all taxes related to possession of the Premises. Landlord agrees to insure the building. Force Majeure: Force Majeure lease language shall be the standard language provided in the City’s boilerplate lease which is as follows: “If performance by a party of any portion of this Lease is made impossible by any prevention, delay, or stopppage caused by strikes, lockouts, labor disputes, acts of God, pandemics, inability to obtain services, labor, or reasonable substitutes for those items, government actions, civil commotions, fire or other casualty, or other causes beyond reasonable control of the party obligated to perform, performance by that party for a period equal to the period that prevention, delay, or stoppage is excused. Tenant’s obligation to pay Rent, however, is not excused by this Section 37. Either party shall have the right to terminate this Lease in the event of Force Majeure for a consecutive twelve (12)-month period” cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1 Fisherman's Wharf (Concession 1) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Sally Elves and Sherri Tuioti (Harbor House Gifts Monterey, 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: 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 4  City Council Minutes August 17, 2021 (MPA), Monterey Fire Fighters' Association (MFFA), and Monterey Executive Management Employees' Association (MEMEA) Action: Not heard in the afternoon cs4. (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 Action: Not heard in the afternoon PUBLIC APPEARANCE (EVE) 10. Continue to Review and Provide Guidance on Step 2 Elements of the Commercial Cannabis Roadmap (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Directed staff to move forward with the roadmap, including consideration of permitting a cannabis dispensary or dispensaries in the downtown (except Alvarado Street), Liighthouse District, Cannery Row Business District (except Cannery Row itself), and agreed to discuss North Fremont and Cannery Row in the future (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation and updated the City Council on outreach to the North Fremont businesses and neighborhoods. He shared that regarding retail operations, staff recommended the approval of one (1) cannabis retail permit in each of the following three (3) zones outside of a 600 feet buffer zone around schools, day care centers, or youth centers: New Monterey Business District, Cannery Row Business District, and Old Monterey Business District (excluding Alvarado Street). He noted that staff did not recommend hotel properties in these areas that had existing voter-approved Visitor Accommodation Facility zoning. He stated that regarding special events, staff recommended the Council allow staff to engage with the public regarding cannabis-related special events at various locations in the City of Monterey. Considerations include locations, number of events, operational, revenue, potential nuisance violations, and public safety impacts. Mark Lovelace, HdL Companies, answered Councilmembers' questions about how many cannabis retailers the research indicates the Monterey market might be able to be support. The Council discussed locations and buffers. Public comment was received from: Esther Malkin, who proposed a cannabis bar or restaurant in the North Fremont area; Donald Anthony Enea, who remarked negatively on Councilmembers and their positions on cannabis; Rodney Riggs, who said that Cannery Row businesses are strongly against cannabis businesses in the area; Eloise Shim, who said that retail cannabis in the area was already saturated; Jhonrico Carr, who spoke about the issue of social equity as relates to retail cannabis and supported the staff recommendation regarding zones; Matt Best, who thanked the staff and Council for being responsive and careful with the process; Rick Johnson, Old Monterey Business Association and New Monterey Business Association, who asked the City to honor the wishes of the Cannery Row businesses and spoke in support of the staff recommendation; Sal Palma, Higher Level, who spoke in favor of commercial cannabis in Monterey; Anthony Gonzales, who expressed interest in obtaining a retail cannabis license; and Valentia Piccinini, who spoke in favor of commercial cannabis in Monterey. 5 City Council Minutes August 17, 2021 The Council discussed the matter. Arguments were made against commercial cannabis in Monterey on a moral basis, and citing that marijuana is a gateway drug. It was stated that residents can drive to neighboring cities if they need it. Arguments were made by Council in favor of commercial cannabis, stating that the funding is needed to help the public, and that it is not a gateway drug and is not addictive. It was stated that the Cannery Row businesses state they are in a family oriented area but it hosts nightclubs and bars, and that Alvarado Street has a tobacco shop when it is known that tobacco is highly addictive and kills people. It was stressed that there is tax revenue to be made and that residents want retail cannabis in Monterey. It was stated that there is no evidence of any public safety concern relating to cannabis and that it has medical benefits. Regarding a location, approval was expressed about placing potential retail cannabis locations on Alvarado Street, Cannery Row, and Del Monte Boulevard. It was questioned why 245 Washington Street would not be a considered location. The Council continued the discussion. Comments were made against placing any cannabis business in the downtown areas. It was stated that one cannabis dispensary could be supported, with the preferred location being in the area of Lighthouse Avenue and Foam Street, and possibly Wave Street. It was stated that it is clear that the neighborhood associations do not want cannabis in the North Fremont Street area, so holding cannabis events in the area would not make sense. It was stated by Council that the idea of a cannabis lounge on North Fremont was intriguing. It was stated that approving only one cannabis dispensary would be a lost opportunity. It was requested to know the strategy for engaging the community on the subject of special events. It was stated that if one or two are approved at first, more could be added later. The concern was stated that a cannabis lounge had not been considered and could create an additional level of danger on the roads. A motion was introduced by Councilmember Haffa, and seconded by Mayor Roberson, to direct staff to move forward with the roadmap, including consideration of permitting a cannabis dispensary or dispensaries in the downtown (except Alvarado Street), Lighthouse District, Cannery Row Business District (except Cannery Row itself), and to discuss North Fremont and Cannery Row at some point in the future. Concern was expressed by Council that staff would need clearer direction. Concern was expressed about the idea of only one dispensary because it was stated that this could create a monopoly situation. It was stated that there are members of the public who are willing and comfortable with trying one dispensary. It was stated that the Council did not have to decide on a number of dispensaries at this meeting. On question, Community Development Director Cole said that when the scope of work changes for environmental review, it can make things difficult for staff. It was stated by Council that despite planning to vote no on the motion, it would still be appropriate to participate and help to ensure things are done correctly on the cannabis matter in order to protect the community. It was noted that North Fremont and Cannery Row were very firm about not wanting commercial cannabis in their areas. 6  City Council Minutes August 17, 2021 The motion carried by the following roll call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 9:18 p.m. and reconvened at 9:30 p.m. 11. 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 presentation City Manager Uslar gave the staff presentation and updated the City Council on the City's response to the COVID-19 health crisis. Public comment was not received. On question, City Manager Uslar spoke about the City's current COVID-19 policies. COUNCIL COMMENTS Councilmember Albert said that his Rotary Club assisted at the car auction at the Monterey Conference Center (MCC) and spoke favorably about the MCC staff for its fine work. He said that Last Chance Mercantile reopened after a renovation and looks great. He said that neighbors have spoken about the downtown area needing better cleaning, and asked staff for a report. He complimented his fellow Councilmembers on their respectful work together for the benefit of the community. Councilmember Williamson seconded Councilmember Albert's comments about the City Council. Councilmember Haffa said that Monterey Peninsula College (MPC) has reopened with in- person and online courses. He said that the City needs to discuss a vaccine mandate with its labor groups. Councilmember Smith complimented the Monterey Police Department and volunteer groups for their excellent work during Car Week. He said that he would discuss the downtown cleanliness issue with the Old Monterey Business Association. He commented that Monterey High School is back in session and urged everyone to drive safely near schools. He spoke about the withdrawal from Afghanistan and encouraged everyone to reach out to veterans, and urged veterans to reach out for help if they are having a difficult time processing the news. Mayor Roberson spoke about a recent Water Management District meeting and said that it has applied to LAFCO for approval to become a possible public water agency. He said that LAFCO staff recommended that it go forward. He said that Monterey One Water and the Water Management District and Cal-Am Water are in negotiations together for a water purchase agreement for a second phase of the Pure Water Monterey project. 7 City Council Minutes August 17, 2021 CITY MANAGER REPORTS City Manager Uslar reported on Car Week, said that very few complaints were received by the City, and complimented the Monterey Police Department. He said that the ballot dropbox in front of the Library is open and receiving ballots for the upcoming recall election. He said that the City continues to hold COVID-19 vaccine events and encouraged vaccination. The Council adjourned to closed session at 10:03 p.m. REPORT FROM CLOSED SESSION 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) Action: No reportable action taken cs4. (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 Action: Not heard ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8