Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 21, 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, Parks and Recreation Director, Human Resources Director, City Clerk, Assistant Police Chief, Sports Center Manager, Operations Supervisor (MSC), Interim Recreation and Community Services Manager, Deputy Human Resources Manager ***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 4:02 p.m. City Clerk Klein called the roll, with the full Council present, with Mayor Roberson and Councilmembers Haffa and Williamson present by teleconference, and Councilmembers Albert and Smith present in the Council Chamber. She 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. 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 Senior Police Services Technician Phillip Bitter (retired); and Operations Supervisor Tonya Hufford, Facility Coordinator Andrea Diallo, and Building Maintenance Craftsworker Juan Hernandez (20 year anniversaries) Assistant Police Chief Bruno made brief comments recognizing recently retired Senior Police Services Technician Bitter. Assistant City Manager Rojanasathira, Parks and Recreation Director Larson, and Public Works Director Wittry briefly recognized Operations Supervisor Hufford (Monterey Conference Center), Facility Coordinator Diallo (Monterey Sports Center), and Building Maintenance Craftsworker Hernandez respectively, for their 20 years of service to the City. The Council thanked the retirees and staff. Public comment was not received.  City Council Minutes December 21, 2021 PUBLIC COMMENTS Public comment on non-agendized matters was received from Nina Beety, Kathie Buaya, and Esther Malkin. CONSENT ITEMS Public comment was not received. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, 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 2. December 7, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 7 de diciembre 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 Ordinances 3. 2nd Reading - 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: Adopted Ordinance No. 3645 C.S. Resolutions 4. Appoint Councilmember Ed Smith as the Vice-Mayor for 2022 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed Councilmember Ed Smith as Vice-Mayor for 2022 5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period December 22, 2021 through January 20, 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. 21-130 C.S. 6. Approving the Application for Per Capita Grant Funds (Proposition 68) Managed by the California Department of Parks and Recreation and Authorize the City Manager, or Designee, to Execute All Contract and Related Documents to Receive and Administer the Grant Funds. (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-131 C.S. 2  City Council Minutes December 21, 2021 7. Adopt a Resolution to Authorize the Purchase of Four (4) 2022 Ford Police SUV Interceptors in the Amount of $182,398.08 and Four (4) Police Equipment Outfitting Packages in the Amount of $72,216.43(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-132 C.S. 8. Amend Resolution 21-033 the Salary Schedule for Temporary / Seasonal Part-Time Positions and Weekly Camp Rates to Reflect Increases in State Minimum Wage Hourly Rates, Equity and Compaction Issues (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-133 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 9. Appoint 2022 Representatives to Outside Agencies and City Committees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed representatives as presented in the Council packet, with the following amendments: appointment of Councilmember Albert as alternate to Community Human Services and appointment of staff members to TAMC's Technical Advisory Committee as follows: Traffic Engineering Assistant Garcia as representative, Traffic Engineer Andrea Renny as 1st alternate, and Senior Associate Planner Roveri as 2nd alternate Public comment was received from Esther Malkin, who urged that the Council appoint a new representative to the Association of Monterey Bay Area Governments (AMBAG), citing a need for diversity of representation on affordable housing matters. The Council discussed the appointments. It was stated that the representative's voting record at AMBAG is publicly available, as is the case with other boards, and that the reppresentative has endorsed housing however and whenever possible. It was stated that it would be helpful to have an alternate appointed to Community Human Services, and Councilmember Albert volunteered to serve as the allternate. City Clerk Klein noted that an edit to the staff representation to the Transportation Agency for Monterey County Technical Advisory Committee had been requested by the Public Works Department. 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 appointed representatives as presented in the Council packet, with the following amendments: appointment of Councilmember Albert as alternate to Community Human Services and appointment of staff members to TAMC's Technical Advisory Committee as follows: Traffic Engineering Assistant Garcia as representative, Traffic Engineer Andrea Renny as 1st alternate, and Senior Associate Planner Roveri as 2nd alternate: 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 December 21, 2021 10. Direction to Staff to Develop a Regulatory Ordinance that Allows Three Retail Cannabis Permits in the City and Receive an Update on Step 3 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: • Develop regulations allowing no more than three (3) retail permits (one each in Downtown, Lighthouse, and Cannery Row), prepare documents and efforts to regulate three cannabis retail businesses (operating or development agreement) and to research and come back to Council to consider placing a cannabis retail tax on the ballot for Monterey voters to consider in November 2022 (4-1, Councilmember Smith voting no); and • Bring back for discussion the consideration of cannabis events at the Fairground after the cannabis retail permitting process is complete (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira and Community Development Director Cole gave the staff presentation, asking the Council to direct staff to prepare documents and efforts to regulate three cannabis retail businesses and to place a cannabis retail tax on the ballot for Monterey voters to consider in November 2022, and to consider cannabis events at the Monterey County Fairgrounds after cannabis retailers are in operation. Assistant City Manager Rojanasathira, Community Development Director Cole, and City Manager Uslar answered Councilmembers' questions. Mark Lovelace, HdL, addressed questions on the different types of taxes and tax measures and stated that cannabis general taxes are generally very successful. Public comment was received from Sal Palma, Higher Level, who spoke in favor of the staff recommendations; Edwin Gonzales, who spoke in favor of the Lighthouse area as a location for cannabis retail; Jennifer Hewlett, Synchronicity Holistic, who spoke in favor of the proposed locations; Jhonrico Carr, who urged the City to designate one of the three licenses to him as a form of restitution and to create a social equity program; Esther Malkin, who expressed concern about taxes and about dangers associated with the cannabis black market; Robert Roach, who asked the Council to reconsider the staff recommendation to put cannabis events on hold; and Kelly Violini, who said that the Fair looks forward to working with the City. The Council discussed the matter. It was stated that each individual Request for Proposals (RFP) for cannabis licenses will need to come to the Council for review and approval. General support for the recommended locations was indicated, including the potential for more than one in an individual area if any such proposals make sense. It was stated that the amount of revenue that could flow into the City from cannabis events could make it worthwhile to move forward with approving such events, and that such events are heavily regulated by the State. Citing lost revenue associated with deliveries, it was requested that staff expedite the cannabis program in general. It was stated that the City of Monterey should not rent its properties to cannabis businesses. It was urged that any approved proposals must include a submitted public safety site plan. It was stated that there will be at least one "no" vote to any motion approving moving forward with allowing cannabis in the City. It was stressed that the staff is already overloaded. It was requested to understand further how the North Fremont neighborhood feels about cannabis retail. On question, City Manager Uslar clarified that staff does not currently have capacity to take on the matter of cannabis events; he explained that the North Fremont area was not included in staff's recommendation due to concerns about saturation in the nearby Seaside and Del Rey Oaks cannabis markets. 4  City Council Minutes December 21, 2021 It was stated by Council that there is interest in pursuing the concept of a social equity program. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council directed staff to develop regulations allowing no more than three (3) retail permits (one each in Downtown, Lighthouse, and Cannery Row), prepare documents and efforts to regulate three cannabis retail businesses (operating or development agreement) and to research and come back to Council to consider placing a cannabis retail tax on the ballot for Monterey voters to consider in November 2022: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council directed staff to bring back for discussion the consideration of cannabis events at the Fairground after the cannabis retail permitting process is complete: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:55 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:00 p.m. with the full Council present: Councilmember Albert in the Council Chamber, and Mayor Roberson and Councilmembers Haffa, Smith, and Williamson present via Zoom teleconference. PUBLIC HEARING (EVE) 11. Second Public Hearing to Receive Public Input Regarding the Composition of City Councilmember Districts Before Drawing a Draft Map or Maps (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Segunda audiencia pública para recibir la opinión del público sobre la composición de los concejales municipales por distrito antes de elaborar un borrador de mapa o mapas (no es un proyecto de acuerdo con la CEQA según el artículo 20, sección 15378 y según el artículo 5, sección 15061 del reglamento general) Action: Conducted public hearing and received community input regarding the composition of City Councilmember districts 5  City Council Minutes December 21, 2021 Assistant City Manager Rojanasathira gave the staff presentation, sharing with the Council and the public the steps that have been taken so far by the City and that are planned for the future based on the established districting process timeline. Liz Stitt, Redistricting Partners, contributed to the presentation, providing an overview of draft districting maps submitted to date by members of the public and encouraging the public to continue to submit district boundary ideas and communities of interest information. On question, Liz Stitt, Redistricting Partners, clarified how demographers find information about where renters live in the City. Public comment was received from: Jean Rasch, Monterey Vista Neighborhood Association, who endorsed the draft map that was submitted by Scott Hanson, citing representation of Monterey's renters; Tom Rowley, who said it is too early to comment on specific maps from the public until the demographers compile the information received and give their professional proposals, and stressed to the demographers that the City's existing neighborhoods are communities of interest; Curt Tipton, Downtown Neighborhood Association, who urged the Council to request a delay of the districting until after the holidays, and said that areas that will be affected by sea level rise should be considered a community of interest; Esther Malkin, who said that there should be a way to level the playing field when it comes to Council owning rental properties and voting on issues that affect renters, and expressed the concern that renters will not be in a position to run for the Council; Richard Ruccello, who expressed that roads should be considered in the creation of draft maps and not split unduly across districts because of the layout of census blocks; and Pat Venza, who asked whether LULAC will have input on the final map proposals, and stressed that Latino voters are a community of interest. Responding to a question from the public, City Manager Uslar said that demographic information including data relating to race will be provided along with draft maps when the demographer has prepared their proposed three or four draft maps. Responding to a question from the public, Assistant City Manager Rojanasathira explained that the community mapping tools were intended to be broader but that the draft maps prepared by the demographers will be much more detailed. He confirmed that Redistricting Partners understands the neighborhoods' importance in Monterey and is considering them when looking at communities of interest. Liz Stitt, Redistricting Partners, said that at the next public hearing, she will present demographic trends to the Council and the public. Gratitude was expressed by the Council about the time and energy that the public has spent to prepare the draft maps that they submitted. 12. Deny 2101 North Fremont Street Application AP-21-0194 Appealing Planning Commission Decision to Adopt a Mitigated Negative Declaration and Approve Use Permit UP-20-0227 to Redevelop an Existing 18-Room Hotel, Restaurant and Parking Lot Site with a New 42-Room Hotel and Parking Lot, and Off-Street Loading Space (MCC38-115 Schedule B and MCC 38- 117); Appellant Derric G. Oliver, Fenton & Keller, on behalf of Mahroom Family; Applicant Adriana Cook, Arriss Studio Architects; Owner Lakshmi Hotel Partners; PC-NF Zoning District; Commercial Land Use Designation Action: Tabled City Manager Uslar stated that additional written material was received on in the previous few days from the appellant, and that City staff has changed their recommendation to ask the Council to table the item. 6  City Council Minutes December 21, 2021 Public comment was received from Anthony Lombardo, who said that the written comment received at the last moment was impossible to analyze in the time available before the meeting. He requested that the Council table the application until a thorough and complete response can be made. 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) PUBLIC APPEARANCE (EVE) 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 an update about the status of the COVID-19 pandemic, the current mask mandate, the Omicron variant, and tourism in Monterey. Public comment was not received. On question from the Council, City Manager Uslar stated that currently two fully vaccinated employees have tested positive for COVID-19. COUNCIL COMMENTS Councilmember Williamson shared a personal message of gratitude to the City staff across all departments. Councilmember Haffa wished the community happy and safe holidays. He encouraged everyone to give charitable donations through Monterey County Gives to receive the benefit of matching funds. Councilmember Smith wished the community a Merry Christmas and happy New Year, and thanked them for their involvement in the City. Councilmember Albert echoed praise to City staff and thanked them for their hard work during a difficult year. He said that he attended the Old Monterey Business Association's and Monterey County Hospitality Association's holiday luncheons and congratulated the businesses that have stuck it out during the pandemic. He encouraged the public to get tested for COVID-19 regularly as needed to keep those around them safe. Mayor Roberson noted his written summary of the Water Management District meeting that was attached to the Council packet. He said that Monterey's neighborhood associations were submitted as communities of interest to the Water Management District's redistricting process. He thanked the City staff and the Marriott for the recent employee luncheon. He read a poem called "One Wish" and wished everyone peace. 7  City Council Minutes December 21, 2021 14. Written Report from Mayor Roberson Regarding December 13, 2021 Monterey Peninsula Water Management District Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from: Jean Rasch and Morgan Ivens- Duran. Esther Malkin began to speak but had already spoken on non-agendized matters in the afternoon session. CITY MANAGER REPORTS City Manager Uslar reported that City staff has been working on providing the data that Council requested at the September study sessoin, regarding rental units in the City. He announced the upcoming holiday dinner drive-through on Thursday, December 23, organized together with the Monterey County Food Bank and the Kiwanis. He said that Monterey County Gives is an opportunity to donate to the Monterey Public Library, and that the Library has already received $38,000. He thanked the Council for their fairness and hard work on behalf of the City. ADJOURNMENT The Council adjourned at 8:30 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8