Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 7, 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 City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Library Director, City Clerk, Lieutenant, Police Lieutenant, Sports Center Manager, Sustainability Coordinator, Associate Planner, Assistant City Attorney, Parks Operations Manager, Interim Recreation and Community Services Manager, Conference Center General Manager, Human Resources Analyst ***Afternoon Session Agenda *** 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). CALL TO ORDER Mayor Roberson called the meeting to order at 4:05 p.m. with Councilmember Haffa present by teleconference, and Councilmembers Albert, Smith, and Williamson and Mayor Roberson present in the Council Chamber. City Clerk Klein announced the rules for safety in the Council Chamber and informed the public how to join the Zoom teleconference. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized matters was received from Esther Malkin. CONSENT ITEMS It was requested by the Council to pull Item 10 from Consent. The Council made brief comments on Items 7 and 8 and staff answered brief questions. Public comment was not received. 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 approved the CONSENT ITEMS, except Item 10:  City Council Minutes December 7, 2021 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. November 16, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 16 de noviembre de 2021 Reunión del Consejo Municipal de Monterey (no se trata de un proyecto sujeto a la CEQA según el artículo 20, sección 15378 y según la regla general, artículo 5, sección 15061) Action: Approved Award of Construction Contracts 2. Award Construction Contract in the Amount of $4,479,125 to MCK Services, Inc. for Citywide Road Surface Repair Project, Phase 3 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** Action: Adopted Resolution No. 21-120 C.S. Ordinances 3. 1st Reading by Title Only of an Ordinance to Add Monterey City Code Chapter 9, Article 8, Section 9-76.1 to Prohibit Metal Detecting Activity on City Property That Was Part of the Former Fort Ord and Add Monterey City Code Chapter 22, Article 1, Section 22-25.6 to Make Entry on City Property Ordered Closed by the City Council or City Manager Unlawful (Exempt from CEQA per Article 19, Section 15308, Class 8) Action: Passed to Print 4. 2nd Reading - Ordinance Adopting the Second Amended Development Agreement for the Del Monte Beach Community Project (Environmental Impact Report Previously Certified) Action: Adopted Ordinance No. 3644 C,S, Resolutions 5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period December 17, 2021 through January 6, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 21-121 C.S. 6. Authorize Axon Enterprise, Inc. Body-Worn Camera, In-Car Video, Interview Room Recording Equipment, Taser, and Related Software Purchase and Five-Year Service Agreement for $1,207,167 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-122 C.S. 7. Authorize the City Manager, or His Designee, to enter into a California Department of Justice National Incident Based Reporting System (NIBRS)/California Incident Based Reporting System (CIBRS) Agency Letter of Commitment and Participation Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-123 C.S. 2  City Council Minutes December 7, 2021 8. Receive a Report on the City's Infrastructure and Facilities and Authorize and Appropriate $125,000 to Develop a Central Public Safety Facility Feasibility Study for Consideration Within the Framework of Citywide Future Capital Improvement Planning (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-124 C.S. 9. Amend Resolution 21-071, the Position Control List, to Add One Event Coordinator and One Operations Coordinator in the Monterey Conference Center Division and Appropriate $176,518 to Fund the Positions (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-125 C.S. 10. Approve Participation in Nationwide Opioid Settlement Litigation with McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, Inc.; and Authorize the City Manager to Execute the Participation Agreements and Request a Direct Payment to the City (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 21-126 C.S. On question from the City Council, City Manager Uslar stated that the funds received from the settlement would be used for the City's community services grant process. Public comment was not received. 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 adopted Resolution No. 21-126 C.S. to Approve Participation in Nationwide Opioid Settlement Litigation with McKesson, Cardinal Health, AmerisourceBergen, and Janssen Pharmaceuticals, Inc.; and Authorize the City Manager to Execute the Participation Agreements and Request a Direct Payment to the City: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** The Council adjourned to the Ocean View Community Services District meeting. Adjourn to Ocean View Community Services District Meeting: Consent Agenda 11. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Community Services District Attorney Davi reported that there was no additional report to be made beyond what was published in the agenda packet. Public comment was not received. 3  City Council Minutes December 7, 2021 Adjourn to City Council Meeting The Ocean View Community Services District adjourned to the City Council meeting. PUBLIC APPEARANCE 12. Amend and Restate Resolution 15-215, the Master Fee Schedule, to Increase Parks and Recreation Fees by 5%, and Designate 5% of Park and Recreation Fees for the Purpose of Facility Maintenance and Improvement; and Appropriate 5% of Parks and Recreation Fees to an Account Designated for those Purposes (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-127 C.S. Parks and Recreation Director Larson gave the staff presentation. She answered Councilmembers' questions with additional feedback from Finance Director King and City Manager Uslar. The proposed price increase was discussed by the Council and staff. The potential to "bundle" funding with the Neighborhood and Community Improvement Program was discussed by Council and staff. Public comment was not received. City Manager Uslar stated that staff would appreciate if a motion included replacing "facility maintenance" with "facility operations maintenance and improvement" in the resolution. A motion was introduced by Councilmember Smith and seconded by Councilmember Williamson to approve the staff recommendation as amended in accordance with City Manager Uslar's suggested wording change. Concerns were introduced by the Council about the proposed inclusion of operations into the proposed use of the facility maintenance funds. City Attorney Davi clarified that utility costs are operational costs and not facility maintenance costs, and if the account will fund utilities then operations should be included. The Council agreed that utilities should be fully covered through budgeting processes. Parks and Recreation Director Larson confirmed that her understanding of the fund was that it would not be used for utilities. On question, City Attorney Davi stated that the resolution could remain un-amended as long as Council's preference that the facility maintenance and improvement fund not be used to pay for utilities is reflected in the meeting minutes. It was stated by Council that Council's support for the funding is predicated on its intended use for facilities maintenance and improvement and not operations. Finance Director King clarified that utilities and debt services were included in the agenda report with the intent to provide transparency about the full costs of operating the Monterey Sports Center and its programs. Having received clarification from staff, the mover revised his motion to strike the proposed amendment and adopt the resolution as written, recommended by staff, and included in the agenda packet. The seconder agreed. Pursuant to the revised motion and carried by the following roll call vote, the City Council adopted Resolution No. 21-127 C.S. to Amend and Restate Resolution 15-215, the Master Fee Schedule, to Increase Parks and Recreation Fees by 5%, and Designate 5% of Park and Recreation Fees for the Purpose of Facility Maintenance and Improvement; and Appropriate 5% of Parks and Recreation Fees to an Account Designated for those Purposes: 4  City Council Minutes December 7, 2021 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. Adopt the City Council’s New Vision, Mission, and Value Drivers (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Adopted Vision, Mission, and Value Drivers as amended to add "military" to Value Driver 9 so that it reads "nonprofit, military, and government" Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was received from Esther Malkin, who spoke about the importance of including renters in discussions about affordable housing. City Manager Uslar spoke about Value Driver 6 and how it relates to Ms. Malkin's comments. The Council discussed the matter. It was proposed to add "renter protections" to the language of Value Driver 6. It was noted that amendments may always be made later down the line. A motion was introduced by Councilmember Albert, and seconded by Mayor Roberson, that the City Council adopt the City Council’s New Vision, Mission, and Value Drivers. A friendly amendment was proposed by Councilmember Smith to add “military” to Value Driver 9 so that it reads “nonprofit, military, and government,” and the mover and seconder agreed. 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) RECESS The Council recessed at 5:20 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:00 p.m. City Clerk Klein announced the rules for safety in the Council Chamber and informed the public how to join the Zoom teleconference. She called the roll, with Councilmember Haffa and Mayor Roberson attending by teleconference, and Councilmembers Albert, Smith, and Williamson attending in the Council Chamber. 5  City Council Minutes December 7, 2021 PUBLIC HEARING (EVE) 14. First Public Hearing for the Transition from At-Large Elections to By-District Elections (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Primera audiencia pública para la transición de elecciones generales a elecciones distritales (no se trata de un proyecto sujeto a la CEQA según el artículo 20, sección 15378 y según la regla general, artículo 5, sección 15061) Action: Held Public Hearing and Received Public Input; Directed that the Mapping Process Proceed with Four (4) Councilmember Districts and One (1) At-Large Mayor Assistant City Manager Rojanasathira gave the staff presentation, recommending that the Council identify the number of Councilmember districts to be four, as it is consistent with the City Charter. He outlined for the public what is meant by district "compactness" and the City's "communities of interest" and explained the roles that these topics play in the districting process. He listed critical questions to be asked in defining communities of interest, and described criteria that must be met under the California Fair Maps Act in order to avoid gerrymandering in the districting process. He provided an explanation of the steps taken by the City to engage and inform the public on the districting process. He invited all to a community meeting on December 9, 2021 on how to participate in the districting process and give feedback. On question from Council, Assistant City Manager Rojanasathira discussed various factors and communities that will fall in the communities of interest category, including the local military population and various economic or religious communities. He stated that the military communities in the City of Monterey are part of the voting population and will be included in a district or districts, in such a way that the districts are compact and contiguous. He spoke about how many residents could potentially be in each district. On question, Liz Stitt, Redistricting Partners, briefly explained that the demographer evaluates communities of interest and works to avoid splitting or dissecting them in the districting process. Mayor Roberson opened public comments. Tom Rowley spoke in favor of the City moving to district-based elections on the proposed timeline, and asked for clarification on the first set of draft maps. Rick Heuer spoke in favor of transitioning to district-based elections, and stated that there are seven neighborhoods in the City that have never had a Councilmember. Jean Rasch said that the Monterey Vista Neighborhood Association and Laguna Grande Neighborhood Association support the City requesting an extension from the League of United Latin American Citizens (LULAC), and asked the Council to do so, citing the upcoming holidays, the current pandemic, and the need for better engagement of residents. Jim Thomson explained that in his experience in city management, the larger the council, the more parochial and polarized, and less functional, it tends to be. He spoke in favor of an at- large elected Mayor and stated that the Mayor should represent the entire City. Esther Malkin stated that she favors four by-district Councilmembers and one at-large Mayor, and said that she hopes districting will amplify voices in the City's neighborhoods. John Sovereign spoke about the tight timeframe and complex legal questions associated with the districting process, and stated that the City needs more time, as the timeframe required by law it is not sufficient for residents to engage in the process. With no further requests to speak, Mayor Roberson closed public comments. On question from Council, Assistant City Manager Rojanasathira addressed the districting timeline question, explained the legal requirements, and outlined the methods by which the City encourages and accepts feedback from the public. He said that requesting an extension is feasible and can be done if needed. City Manager Uslar confirmed that LULAC has agreed verbally that they would consider approving an extension if requested. 6  City Council Minutes December 7, 2021 On a motion by Mayor Roberson, seconded by Councilmember Smith, the City Council directed that the mapping process proceed with four (4) Councilmember districts with one at-large Mayor. The Council discussed the number of Councilmembers and the model of governance that works, and it was stated that nothing has been presented that would necessitate changing the total number of members at this time. It was stated that working on behalf of the City as a group of five works very well. It was stated that the public did not advocate for expanding the number of seats, and that moving to districts will already be a significant change. It was stated that, in the interest of unification and splitting the City as little as possible, transitioning to four Council district seats, with one at large Mayor, will give the Council the best opportunity to focus on the entire City. It was stated by Council that neighborhoods will be compressed into four districts that include the military populations, which may not lead to the neighborhood representation for which some residents were hoping. Regarding the mapping worksheets that will be provided to the public, it was stated that populations and possibly neighborhood boundaries should be included so that residents are as informed as possible when working on draft maps. 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) 15. Open a Public Hearing to Receive Protests of Proposed Rates Effective January 1, 2022, for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Held Public Hearing and Received Public Input; Adopted Resolution No. 21-128 C.S. Sustainability Coordinator Terrasas gave the staff presentation and answered Councilmembers' questions. He informed the Council that notices of the proposed rate increase had been mailed to all parcels in the City and that as of the meeting date, nineteen written protests had been received, which did not constitute a majority. Mayor Roberson opened public comments. Tom Rowley spoke favorably about Monterey City Disposal and said that the residents get a great bargain from their service. Tim Flanagan, Monterey Regional Waste Management District, spoke about how the district is handling the requirements of SB 1383. With no further requests to speak, Mayor Roberson closed public comments. No further written protests were provided. The hearing was closed without the Council having received a majority protest. 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 adopted Resolution No. 21- Increasing Rates for Residential and Commercial Solid Waste and Recyclables Collection: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7  City Council Minutes December 7, 2021 Council recessed at 8:39 p.m. and reconvened at 8:53 p.m. 16. Adopt Resolution Amending the Downtown and Lighthouse Specific Plans to Allow Ground Floor Residential Uses in Certain Situations (Exempt from CEQA Article 19, Section 15305) Action: Held Public Hearing and Received Public Input; Adopted Resolution No. 21-129 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. She said that the recommendation to amend the specific plans came not only from City staff but from the Planning Commission. Public comment was received from Esther Malkin, who asked if business parking can be available after hours for ground-level residential use, and said that the City should not have moved non-agendizedl public comments to the end of the agenda; Luis Osorio, who said that the proposed amendment is a natural progression of the specific plans, and said that the proposal will likely open opportunities for people; Kevin Dayton, who praised Councilmember Williamson for pushing for this concept, which he praised; Jerry Anderson, Saucito Land Company, who spoke in favor of amending the Downtown Specific Plan and stated that it will result in the creation of additional housing; Elizabeth Madrigal, Monterey Bay Economic Partnership (MBEP), who spoke in favor of the matter and said that it would provide opportunities for housing; Michael Groves, EMC Planning Group, who praised Councilmember Williamson and Community Development Director Cole for the matter coming before the Planning Commission and the City Council, and spoke in favor of the proposed amendments. A motion was introduced by Councilmember Albert, and seconded by Mayor Roberson, that the City Council adopt Resolution No. 21-129 C.S. Amending the Downtown and Lighthouse Specific Plans to Allow Ground Floor Residential Uses in Certain Situations. The Council discussed the matter. Appreciation was expressed for Councilmember Williamson for championing the idea, and the Planning Commission for their reasonable recommendation. It was suggested by Council to add language that would clarify that a conversion would require commercial space that could be utilized for commercial purposes. On question, Community Development Director Cole said that she would need to look at requirements of State law regarding a numerical standard. It was agreed by the Council on consensus that they would like to move forward with adoption of the resolution, and that they could make further changes in the future if there was abuse. It was stated that a well-prepared set of guidelines for public education about the amendment would be likely to eliminate the potential for problems. 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) CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Luis Osorio. 8 City Council Minutes December 7, 2021 COUNCIL COMMENTS Councilmember Haffa spoke with disappointment about the recent decision of the Local Agency Formation Commission (LAFCO), which he described as a group of elected officials mostly from areas outside the peninsula, who blocked the will of the voters of the peninsula regarding the potential for a public agency to manage the water supply, which he said has been deemed feasible. He asked if the Council would consider addressing the matter. Mayor Roberson responded that the Monterey Peninsula Regional Water District will likely hold a closed session soon to see what steps might be taken. Councilmember Albert reported on Tim Flanagan’s retirement from his role as General Manager of the Monterey Regional Waste Management District, and the hiring of replacement General Manager Felipe Melchor, who he said is local and has managed local operations for fourteen years. He advocated for the City to develop a dedicated facilities fund to support the Monterey Conference Center facility as it ages. Councilmember Williamson reported on Monterey One Water and on additional wells that he said have been added for the Pure Water Monterey project. He reported on options for financing the expansion of the project. Councilmember Smith reported on an upcoming Association of Monterey Bay Area Governments (AMBAG) meeting where he said that draft housing requirement numbers and calculations will be discussed. He said that the next chair on the Transportation Agency for Monterey County (TAMC) executive board will be Supervisor Mary Adams, beginning in January 2022. He suggested having Executive Director Todd Muck come to address the City Council on a variety of upcoming TAMC projects at an upcoming meeting. He said that TAMC is looking at how to take advantage of federal stimulus funding, and reported that an initiative is underway in South Monterey County to make on- and off-ramps safer. He said that renovations at the Castroville Boulevard bypass will assist with traffic congestion. He praised the Planning Commission and staff for their work on the specific plan amendments, and said how nice the Colton Hall and Cannery Row Christmas tree lighting events had been. He honored recently passed County of Monterey employee Latu Moli and expressed that his thoughts and prayers are with Mr. Moli’s family and colleagues. He closed by noting the 80th anniversary of Pearl Harbor and honoring veterans who served the country in World War II. Mayor Roberson reported on the recent Laguna Grande Regional Park Joint Powers Agency (JPA) meeting and praised officials from the City of Seaside and Monterey Regional Park District for their collaboration, and praised City of Monterey staff for their excellent work. He said that trail and vegetation maintenance and restoration, and trail safety, are main topics for the JPA. He said that the concept of a bridge was discussed, which would connect to the North Fremont bicycle lane, and that the board approved a resolution to pursue grants to fund the bridge. He said he would report back with future developments. CITY MANAGER REPORTS City Manager Uslar encouraged all to attend the Christmas in the Adobes events over the weekend. ADJOURNMENT The Council adjourned at 9:55 p.m. 9 City Council Minutes December 7, 2021 Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 10