Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 19, 2021 4:00 PM 7:00 PM COUNCIL CHAMBER 580 PACIFIC ST. AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson*, Roberson** Absent: None * Attended remotely by teleconference in afternoon and evening ** Attended remotely by teleconference in evening only City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Parks and Recreation Director, Finance Director, Human Resources Director, Library Director, City Clerk, Police Lieutenant, Senior Engineer, Interim Recreation and Community Services Manager, Parks Operations Manager, Associate Planner This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C). ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein 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. CONSENT ITEMS Public comment on the Consent Items was not received. 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) Approval of Minutes 1. September 29, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved  City Council Minutes October 19, 2021 2. October 5, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 3. Authorize Contract with First Alarm in an Amount Not-To-Exceed $350,000 Annually for Fire Alarm Monitoring, Inspection, Maintenance, and Repair (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)) ***PMSA*** Action: Adopted Resolution No. 21-104 C.S. 4. Amend Resolution 21-071, the Position Control List, to Add Two (2) Firefighter Positions for the Fire Department and Appropriate$202,433 to Fund the Positions through June 30, 2022 and for Related Training Expenses (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-105 C.S. 5. Approve (Ratify) the FY2021/22 Salary Schedules for Regular Full-Time and Regular Part-Time Employees Effective July 1, 2021 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-106 C.S. 6. Amend and Restate Resolution 19-007 to Extend the Pre-Commitment of .086 Acre Feet of Water to 704 Foam Street to January 17, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-107 C.S. 7. Approve Annual Contributions to Cannery Row Business Improvement District, North Fremont Business Improvement District, New Monterey Business Improvement District ($10,500 each), and Old Monterey Business Association ($50,000) (Not a Project under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-108 C.S. Other 8. Receive Mayor’s Recommendation and Make Appointment to the Museums and Cultural Arts Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Timothy Thomas to the Museums and Cultural Arts Commission for a term expiring June 30, 2025 9. Receive Mayor’s Recommendation and Make Appointment to the Neighborhood and Community Improvement Program (NCIP) Committee, and Correct the Term for Recent NCIP Committee Appointee Whipple (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Chinyere Ogbonna as the Neighborhood and Community Improvement Program (NCIP) Committee Alternate to the New Monterey Neighborhood for a term expiring June 30, 2025; Directed staff that the term of office for William Whipple, NCIP Representative to the New Monterey Neighborhood, be revised to terminate June 30, 2025 instead of June 30, 2024 2  City Council Minutes October 19, 2021 10. Adopt a Resolution Appropriating $35,000 to First Night Monterey for FY 2021/22 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-109 C.S. *** End of Consent Agenda *** *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:09 p.m. RECESS 5:30 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:01 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Nina Beety. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 48 Fisherman's Wharf (Wharf 1, Concessions 22-23, 30) Agency Negotiators: Kimberly Cole and Hans Uslar Negotiating Parties: Chris Arcoleo Under Negotiation: Terms and Conditions for New Ground Lease (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 authorized the Mayor to execute a new ground lease with Chris Arcoleo for the premises located at 48 Fisherman’s Wharf (Wharf 1, Concessions 22-23, 30) under the following terms and conditions: Premises: Square Feet Concession 22-23 Building Area (Chris’ Fishing) 530 Open Area (Chris’ Fishing) 28 Water Space Staircase 197 Water Space 1,265 Concession 30 Building Area (Restaurant) 998 Open Area (Restaurant) 100 Gross Square Footage 3,118 Lease Type: Ground lease Use: Fishing and whale watching charters; restaurant Lease & Rent Commencement: The Leae and Rent shall commence on the effective date as defined in the lease agreement. 3 City Council Minutes October 19, 2021 Termination Date: December 31, 2040 Minimum Rent: Building and Outdoor Areas - $1.75/SF/Month or Percentage Rent, whichever is greater Water Space and Staircase – Year 1 $1.00/SF/Month or Percentage Rent, whichever is greater Year 2 $1.25/SF/Month or Percentage Rent, whichever is greater Year 3 $1.67/SF/Month or Percentage Rent, whichever is greater Annual Adjustments: Minimum Rent shall be adjusted annually by any increase in the Consumer Price Index (CPI) for the San Francisco – Oakland – Hayward Index for All Urban Consumers. In no event shall the CPI increase be less than 2% or greater than 5%. Percentage Rent: Fishing and whale watching charters – 4% of Gross Sales Restaurant – 4% of Gross Sales Sublease Revenue: Any sublease revenue in excess of Minimum Rent paid to the City shall be shared 10% to City and 90% to Tenant as long as Chris Arcoleo is an active owner (51% business interest). When Chris Arcoleo is no longer an active owner (51% business interest), the sublease revenue shall be shared 25% to City and 75% to Tenant. Rental Review with Change of Ownership: Rental review will occur with any change of ownership. Common Area Maintenance (CAM) Fee: Tenant shall pay a Common Area Maintenance Fee in the amount of $0.20 per square foot per month (530 sq.ft. building area + 28 sq.ft. open area + 998 sq.ft. building area + 100 sq.ft. open area = 1,656 sq.ft.). Water space and access stairs (197 sq.ft. + 1,265 sq.ft. = 1,462 sq.ft.) are excluded from CAM fee. Piling and Substructure: Tenant shall be responsible for repair and maintenance of all structural and fender piles within the leased Premises, excluding Open Area (100 sq. ft. + 28 sq.ft = 128 sq.ft.) Repairs & Maintenance Tenant shall be required to repair and maintain the leased Premises, including structural and fender piles. Fire Sprinklers: Landlord shall maintain fire sprinkler system up to the Premises. Tenant shall maintain the fire sprinkler system within the Premises. Tenant Improvements: Tenant shall obtain a Certified Access Specialist (CASp) survey and provide the survey to the City. Tenant is required to obtain permits, fund and construct any improvements identified in the survey. Improvement schedule will be specified in the Lease. Tenant shall be required to fix the water heater exhaust vent and roof overhang leak/fascia board within 60 days of lease execution. Tenant shall obtain required building permits for any Tenant Improvement work. Utility Expenses: Tenant agrees to pay for all utilities which shall include, but shall not be limited to, electricity, gas, water, sewer, and trash service that is provided by Monterey City Disposal and City of Monterey. Taxes and Insurance: Tenant agrees to pay for any and all taxes related to possession of the property. Tenant agrees to insure the Building. Security Deposit: Waived Personal Guaranty: The lease shall be personally guaranteed by Mr. Chris Arcoleo. Force Majeure: The following language to be included in the Lease: “If performance by a party of any portion of this Lease is made impossible by any prevention, delay, or stoppage caused by strikes, lockouts, labor disputes, acts of God, pandemics, inability to obtain services, labor, or materials or reasonable substitutes for those items, government actions, civil commotions, fire or other casualty, or other causes beyond the reasonable control of the party obligated to perform, performance by that party for a period equal to the period of that prevention, delay, or stoppage is excused. Tenant’s obligation to pay Rent, however, is not excused by this Section. Either party shall have 4  City Council Minutes October 19, 2021 the right to terminate this Lease in the event of Force Majeure for a consecutive twelve (12)-month period.” cs 2. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2) Related to Notice of California Voting Rights Act Violation by the League of United Latin American Citizens, LULAC, District 12 Received on September 25, 2021 (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 legal counsel and continued the matter to October 27, 2021 cs 3. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2), (e)(3), Anticipated Litigation, Significant Exposure to Litigation, Mary Echols Claim dated February 24, 2021 (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 legal counsel PUBLIC HEARING (EVE) 11. 1st Reading by Title Only of an Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory and Junior Accessory Dwelling Units (Statutorily Exempt from CEQA per Article 18, Sections 15061(b)(3), 15282(h) and Public Resources Code Section 21080.17) Action: Passed Ordinance to print and directed staff to bring the ADU/JADU matter back in a year to discuss further considerations Community Development Director Cole gave the staff presentation and answered Councilmembers' questions together with Erin Lapeyrolerie, outside counsel with Goldfarb Lipman. Public comment was received from Nicholas Kite, who urged the Council to do whatever it can to increase affordable housing in the area. The Council discussed the matter and made favorable comments. Gratitude was expressed to the Planning Commission for time spent working on the policy. It was stated that structures higher than sixteen feet would be supported only in R3 zones. Concern was expressed about zoning changing as a result of ADUs and JADUs. Support was expressed for exploring incentives that would be explicitly linked to affordability. It was commented that this was an opportunity for the Council to push itself a little further. Ideas were shared, including indefinitely removing an extension of owner occupancy requirements, removing exceptions for the replacement of garage covered parking/carports, removing or loosening floor area ratio (FAR) requirements, and allowing ADUs to be constructed within existing commercial or mixed use buildings. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to pass the draft ordinance to print and direct staff to bring the ADU/JADU matter back in a year to discuss further considerations. Comments were made by Council against requiring parking for JADUs since they will often be taking up the garage, but it was stated that parking is needed. Interest was expressed in the idea of considering first-floor commercial being developed as housing. Comments were made in favor of moving forward, with staff bringing back the discussion at a later date. It was stated that it would be appropriate to set a deadline for continuing the discussion. 5  City Council Minutes October 19, 2021 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) PUBLIC APPEARANCE (EVE) 12. Authorize the City Manager to Enter into an Agreement with the Monterey Stinging Jellies Disc Golf Club, Amend Resolution 19-116 to Include the Ryan Ranch Disc Golf ADA Improvements, and Authorize Increase of FY22 Revenue and Appropriation of $35,100 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvements Project ***CIP/NCIP**** (Adopted Initial Study - Mitigated Negative Declaration) Action: Adopted Resolution No. 21-110 C.S. Karen Larson, Parks and Recreation Director, gave the staff presentation and answered Councilmembers' questions. Mayor Roberson thanked the public for their excitement and letters of support. Public comments were received from: Chad Gile, Monterey Stinging Jellies Disc Golf Club, thanked City staff, spoke in favor of the agreement, and shared information about the club; Jean Rasch, who commended the Stinging Jellies for their collaborative approach and spoke in support of the agreement; and Tammy Jennings, who shared her appreciation for the attention paid to accessible use of the disc golf park. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 21- 110 C.S. to Authorize the City Manager to Enter into an Agreement with the Monterey Stinging Jellies Disc Golf Club, Amend Resolution 19-116 to Include the Ryan Ranch Disc Golf ADA Improvements, and Authorize Increase of FY22 Revenue and Appropriation of $35,100 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvements Project: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 13. 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. The Council praised City staff, and particularly the Police Department, for its high vaccination rates. Public comment was not received. 6 City Council Minutes October 19, 2021 COUNCIL COMMENTS Councilmember Smith reported on a recent Association of Monterey Bay Area Governments (AMBAG) meeting, and shared news from the Transportation Agency for Monterey County (TAMC). He suggested that the new Executive Director report to Council on major TAMC projects. Councilmember Haffa shared that he met with residents who are interested in undergrounding utilities. He suggested having a representative from the group speak to the Council. Councilmember Williamson shared the status of Monterey One Water's Pure Water Monterey project and said that he hopes it will be under construction soon. He said that progress on the two additional deep wells had been delayed slightly due to supply chain issues. Mayor Roberson reported on the Monterey Peninsula Water Management District and said that water rationing may come into play in about two years depending on drought conditions, and could affect water users until the Pure Water Monterey expansion is complete. He reported on the District's redistricting process and said it is not anticipated that there will be major changes to the districts. CITY MANAGER REPORTS None made. ADJOURNMENT The Council adjourned at 8:31 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 7