Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 18, 2022 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, Fire Chief, Library Director, City Clerk, Sustainability Coordinator, Administrative Analyst (Housing), Deputy Human Resources Manager, Senior Accountant ***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 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll, with the entire Council present by teleconference. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized matters was received from Nina Beety and 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)  City Council Minutes January 18, 2022 Approval of Minutes 1. December 21, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 21 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 2. January 4, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 24 de enero de 2022 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 3. Award a Construction Contract in the Amount of $385,200 to Precision Grade, Inc. for Citywide Curb Ramp Project, Phase 5 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP/Measure S*** Action: Adopted Resolution No. 22-001 C.S. 4. Award Construction Contract in the Amount of $695,200 to Sweetwater Construction, Inc. for Municipal Wharves Structural Repairs FY 2021/2022 (Mitigated Negative Declaration Adopted per CEQA Guidelines) ***CIP*** Action: Adopted Resolution No. 22-002 C.S. Resolutions 5. Adopt a Resolution to Execute a Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (MRWMD) and Member Agencies Regarding Compliance with SB 1383, Authorize the Finance Director to Appropriate $41,134 of General Fund Ending Balance to Contractual Services Account and Authorize the City to Participate in a Joint Application with the MRWMD for the SB 1383 Local Assistance Grant Program for FY 2021- 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 22-003 and 22-004 C.S. 6. Approve the Annual Report for the Monterey County Tourism Improvement District (MCTID) under the Property and Business Improvement District Law of 1994 as Prepared by the Monterey County Convention and Visitors Bureau Committee for Fiscal Year 2021-22 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-005 C.S. 7. Authorize City Manager to Execute an Amendment to the Paramedic Service Provider Agreement with Monterey County to Extend the Agreement Through January 31, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-006 C.S. *** End of Consent Agenda *** 2  City Council Minutes January 18, 2022 PUBLIC HEARING 8. Recommend that the City Council Adopt a Substantial Amendment to the 2021/2022 Annual Action Plan for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) Action: Adopted Resolution No. 22-007 C.S., as amended to carve out 15% to dedicate to homeless service providers at staff's discretion Housing Analyst Leonard gave the staff presentation. Public comment was received from Nina Beety, who spoke about the need to house the homeless population, and Jean Rasch, who asked how funding spent to remodel shelters is kept committed to low-income housing. On question, Housing Analyst Leonard addressed the possibility that the Council could allot funds differently, and explained details of the funding that the City's CDBG program provides to housing and homeless programs in the area. He informed the Council that the next annual action plan will come to the Council in April 2022. It was stated by the Council that the funds would be better used to address the immediate homeless crisis instead of assisting existing homeowners with their homes. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to have staff to come back to Council with a proposal to allocate the funds for transitional and emergency homeless services, to be administered in the method recommended by the Police Department’s CAT Team. City Manager Uslar gave a brief verbal report on the recent history of the Mr. Fix-It program and provided an alternative suggestion to the mover: he said that staff could come forward to Council with a proposal for how to spend $72,000 that the City received through a recent Del Monte Beach development agreement. Housing Analyst Leonard explained that there is a 15% cap of the CDBG budget on public service funding through the HUD funds. The Council continuted to discuss the matter. Support was expressed for the Mr. Fix-It program. The concern was expressed that people using the Mr. Fix-It program need it to keep themselves housed and safe. It was proposed as an alternative to the motion that 15% of the available $100,000 be dedicated to homeless programs. The mover withdrew his initial motion and the seconder agreed. A new motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to adopt the Substantial Amendment to the 2021/2022 Annual Action Plan for Community Development Block Grant Funds, and authorizing submittal to the U.S. Department of Housing and Urban Development, as amended to carve out 15% to dedicate to homeless service providers at staff's discretion. Some concern was expressed by the Council about making a decision on the fly, and how the Council would determine which recipients would receive the funding. On question, City Manager Uslar proposed that the City would provide the proposed $15,000 in funding to current service providers that are already participants in the City's CDBG program. 3  City Council Minutes January 18, 2022 By the following roll call vote, the Council passed the motion and adopted the duly amended Resolution No. 22-007 C.S.: 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 9. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period January 19 through February 17, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions, and Direct Staff to Conduct Meetings in a Teleconference-Only Remote Format (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 22-008 C.S. Public comment was received from Mike Brassfield, who stated a preference to have the Council make its determination for an ongoing period of time. On question, City Clerk Klein clarified that the law requires the Council to review the state of emergency and make findings at least every 30 days. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following roll call vote, the City Council adopted Resolution No. 22-008 C.S. authorizing remote teleconference meetings of the City Council and Boards, Commissions, and Committees for the period January 19 through February 17, 2022 pursuant to AB361 Ralph M. Brown Act Provisions and directing staff to conduct meetings in a teleconference-only remote format: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 10. 1st Reading - Authorizing Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement System; and Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council of the City of Monterey; and Resolution Modifying Certain Job Classification Titles for Temporary / Seasonal Part-time Positions (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed Ordinance to Print; Adopted Resolution Nos. 22-009 and 22-010 C.S. Human Resources Director Hauck gave the staff presentation and answered Councilmembers' questions. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following roll call vote, the City Council passed to print the first reading of an ordinance and adopted Resolution No. 22-009 C.S. authorizing an amendment to the contract between the City of Monterey and the Board of Administration of the California Public Employees' Retirement 4  City Council Minutes January 18, 2022 System, and adopted Resolution No. 22-010 C.S. modifying certain job classificatoin titles for temporary/seasonal part-time positions: 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 5:00 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:05 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Councilmember Haffa arrived at 7:06 p.m. City Clerk Klein called the roll with the full Council present by Zoom teleconference. PUBLIC HEARING (EVE) 11. Third Public Hearing to Receive Public Input Regarding the Composition of City Councilmember Districts After Draft Map or Maps are Drawn and on the Potential Sequence of Elections for Staggered Terms of Office (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Tercera audiencia pública para recibir la opinión del público sobre la composición de los distritos de los concejales de la ciudad después de la elaboración del proyecto de mapa o mapas y sobre la posible secuencia de elecciones para mandatos alternados (no es un proyecto según la ley CEQA, artículo 20, sección 15378 y según el artículo 5, sección 15061 del reglamento general) Action: Selected the "Dolphin" map (3-2, Councilmembers Haffa and Williamson voting no) and selected an election sequence whereby Councilmember seats for Districts “A” and “D” would be on the ballot in 2022, and Councilmember seats for Districts “B” and “C” would be on the ballot in 2024 (3-2, Councilmembers Haffa and Williamson voting no) Assistant City Manager Rojanasathira gave the staff presentation with demographer Liz Stitt, Redistricting Partners, and together they answered Councilmembers' questions. They reviewed the four draft maps ("Abalone," "Bat Ray," Cuttlefish," and "Dolphin") and shared with the Council and public various demographic details such as breakdowns of protected classes and rental/ownership status of residents throughout geographic areas of the City. Public comment was received from: Tom Rowley, who spoke in favor of the "Cuttlefish" map, stating it was contiguous and compact; Rick Aldinger, who spoke in favor of the "Dolphin" map, stating it kept communities and neighborhoods intact and compact; Mike Brassfield, who spoke in favor of the "Dolphin" map; Rick Heuer, who spoke in favor of the "Dolphin" map, stating it had the highest ratio of Latinos and renters, and said that renter percentages were skewed because the military members were all counted as renters; Bruce Zanetta, who expressed concerns about moving to district-based elections and about district boundaries breaking up neighborhoods; Jean Rasch, Monterey Vista Neighborhood Association, who spoke in favor of the "Cuttlefish" map, which she said would keep her neighborhood intact; Robert Yoha, who 5 City Council Minutes January 18, 2022 spoke in support of the "Dolphin" map, which he said had no fatal flaws, reflected a consensus, and would keep communities of interest whole; Jil Johnson, who spoke in favor of the "Abalone" map, due to its geographical and social boundaries; Alan, who spoke in favor of the "Dolphin" map; Carol Chorbajian, who spoke in favor of the "Dolphin" map and said that an area that had never had a Councilperson elected should be sequenced to be on the ballot in 2024; and Lindsey Knight, who said that renters shared the biggest common issues, and spoke in favor of the "Abalone" map, stating that it would best represent renters. The public comment period continued, with comment received from: Richard Ruccello, Casanova Oak Knoll Neighborhood Association (CONA), who spoke in favor of the "Dolphin" map, stating that demographics would change as the population ages, and that 2024 would have the largest turnout and therefore District “C” should be sequenced to be on the 2024 ballot; Luis Osorio, who urged the Council to adopt the "Abalone" map, stating it would give renters a chance of electing a renter to the Council; MaryAnn Boylan, who echoed Jil Johnson, Lindsey Knight, and Luis Osorio and spoke in favor of the "Abalone" stating it would better represent renters; Elena Loomis, who said it was time to give renters a strong voice and spoke in favor of the "Abalone" draft map, stating it would give renters and Latino/a candidates a better chance of being elected; Nancy Soule, who asked, whenever a boundary would fall on Madison and Seeno Streets, that both sides of the street be kept intact, stating that these streets are backed by non-residents; John Sovereign, who suggested that the final map show the residences and property ownership of the Councilmembers; Esther Malkin, who said that turnout was always higher in presidential elections, and spoke in favor of the "Abalone" map, stating that it would best represent communities of interest; Jason Reed, who spoke in favor of the "Abalone" map and echoed John Sovereign's suggestion to put the Council's properties on the map; and Pat Venza, who said that the "Abalone" map probably did not meet the needs of LULAC as it would spread the Latino community across district areas. With no further requests to speak, the public comment period was closed and the Council recessed at 8:35 p.m. The Council reconvened at 8:49 p.m. The Council discussed the matter. It was stressed by the Council, and confirmed by demographer Liz Stitt, Redistricting Partners, that all four draft maps met the requirements of the California Voters Rights Act (CVRA). A motion was introduced by Councilmember Smith, and seconded by Councilmember Albert, to select the "Dolphin" map. Explaining the motion, the mover indicated that a resident's daily activities helped to define their community of interest, and that the “Dolphin” map would keep major neighborhoods intact, such as Skyline, as well as Oak Grove and areas further east, which were stated to have many commonalities in matters including transportation, activities, rental status, and diversity. The Council discussed the motion. It was stated that the renter issue was huge not only for Monterey but across the state, and that renters could end up vulnerable to homelessness. It was stated that recognizing renters as a community of interest was important to the City's districting process. It was suggested to provide information to residents regarding the districts in which the Councilmembers live. Comments made against the "Dolphin" map cited a lack of contiguity in its District "D," which it was stated would be a difficult area to walk and would combine working class neighborhoods of the Downtown area with Alta Mesa, Deer Flats, and Fishermen's Flats, and not make sense as a district. It was stated that the North Fremont area was divided into multiple neighborhoods 6 City Council Minutes January 18, 2022 already which could indicate that it constituted different communities of interest with different concerns. It was stated that the map would lump a denser area at the base of Old Town close to Downtown together with more affluent parts of the community, which would disenfranchise the voters in the denser area and split up the areas that would be affected by sea level rise. Comments made in favor of the "Dolphin" map stated that the Del Monte Grove and Oak Knoll neighborhoods have worked well together historically and should not be split up, and that keeping Casanova Oak-Knoll intact would keep many renters in that area together in the same district and allow one Councilmember to represent the North Fremont business district. It was stated that the "Dolphin" map's districts would give a lot of voice to renters. Comments made against the "Abalone" map stated that separating the neighborhoods in the North Fremont area would break up renter communities, and that Abalone’s District “D” would itself be hard to walk. Comments made in favor of the "Abalone" map stated that it would more logically divide the City into communities of interest, would create four geographically justifiable, rational, and walkable districts, and that feedback in favor of "Abalone" had been more representative of the renter population and the diversity of the City, including many renters and several speakers from the Latinx community. It was stated that Abalone's District “C” had an additional four percent balance in favor of renters compared with Dolphin's corresponding district, and that this could make the difference in the ability to elect a representative, particularly given a trend of renters not voting at the same rates as homeowners. It was stated that the coastal areas trended heavier in renters than the inland areas and that because of this, the "Abalone" map would create two districts that would give renters a greater advantage. It was stated that "Abalone" would be the map most likely to promote representation of renters. Comments made against the "Bat Ray" map stated that it would split the New Monterey part of the City. Comments made against the "Cuttlefish" map stated that it would remove the Oak Grove area from the Del Monte Grove and Oak Knoll neighborhoods. It was stated that Councilmembers must work together on behalf of the City and that this work together would have to continue even with districts in place. It was stated that it would be positive for the community to have representation from an area of the City that had never before had an elected representative. It was stated that homeowners have empathy for, and can properly represent, renters. It was stated that a person does not need money, but does need time, to run for a seat on the Council. It was stated that representation is important and can increase civic involvement. A substitute motion was introduced by Councilmember Williamson, and seconded by Councilmember Haffa, to select the "Abalone" map. The substitute motion failed by the following roll call vote: AYES: 2 COUNCILMEMBERS: Haffa, Williamson NOES: 3 COUNCILMEMBERS: Albert, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The initial motion to select the “Dolphin” map passed by the following roll-call vote: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson 7 City Council Minutes January 18, 2022 NOES: 2 COUNCILMEMBERS: Haffa, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council took up the matter of the sequencing of district-based seats in future elections. It was stated that renters would still have good representation in the “Dolphin” map’s districts. It was stated that neighborhood associations cross district lines and Councilmembers would need to be accessible to all districts. It was stated that desiring renter representation wasn't about pitting people against each other, but was obligatory when considering communities of interest. Assistant City Manager Rojanasathira continued his staff presentation, focusing on sequencing, stating that the Council must consider the California Voting Rights Act (CVRA) and protect the ability of a protected class to elect candidates of its choice. He explained that LULAC had stated to him a few days prior that there would be no need to sequence the seats in a way that would disrupt incumbents' ability to run for reelection. Liz Stitt, Redistricting Partners, said that District “C,” with the highest Latino Citizen Voting Age Population (CVAP) at 17%, would likely experience the highest turnout if sequenced for the 2024 presidential election. Additional public comment was solicited on the subject of election sequencing of the district- based Councilmember seats. Public comment was received from: Esther Malkin, who said that voter turnout was higher in every group in presidential elections and that the district that had never had representation should be on a ballot first; Mike Brassfield, who said he didn't like pitting citizens against each other and wished the Council luck with the process; and Richard Ruccello and Robert Yoha, who said that it would take a few years to find appropriate candidates and stated a preference for sequencing District “C” for the 2024 ballot. The Council discussed various outcomes of sequencing district-based seats in City elections. City Attorney Davi provided clarification about the requirements of the City Charter and the appointment process to fill a Council vacancy. City Manager Uslar stated a preference for sequencing the seats in a way that would avoid the need for appointments. It was suggested by Council that the sequencing could be selected randomly, such as by tossing a coin, however City Attorney Davi stated that following the requirements in Elections Code 10010(b) would be the legally preferable course of action. It was stated by Council that a goal in districting was to create opportunities for the less affluent to have more of a voice in City government, and it was discussed whether that would be better accomplished by having those seats up for election sooner or on a presidential ballot with greater turnout. It was proposed to place seats in the renter-heavy districts on the ballot in 2024 and seats in the more affluent districts on the ballot in 2022. It was suggested that future redistricting at the City would be best led by an independent commission. A motion was introduced by Councilmember Williamson, and seconded by Councilmember Haffa, to select an election sequence that would place Councilmember seats for Districts “B” and “D” on the ballot in 2022, and “A” and “C” on the ballot in 2024. The motion was discussed. Concern was shared regarding the vacancy that would be created in District “A,” necessitating an appointment by the Council. On question, City Attorney Davi confirmed that staff could give an analysis about sequencing at the next meeting if requested, but that the Council should make the actual determination. 8 City Council Minutes January 18, 2022 A substitute motion was made by Councilmember Albert, and seconded by Councilmember Smith, to select an election sequence that would place Councilmember seats for Districts “A” and “D” on the ballot in 2022, and Districts “B” and “C” on the ballot in 2024. The Council discussed the fact that the initial motion would likely result in higher turnout for District “C,” but that as a consequence of that sequencing, the City Council would end up making an appointment to fill a seat rather than letting it be filled by the voters, which was not a desired outcome. The substitute motion carried by the following roll-call vote: AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson NOES: 2 COUNCILMEMBERS: Haffa, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Richard Ruccello, Esther Malkin, Robert Yoha, and Mike Brassfield. COUNCIL COMMENTS Councilmember Smith reported on AMBAG's RHNA (Regional Housing Needs Allocation) process. CITY MANAGER REPORTS City Manager Uslar praised the Council for its work on the districting process. ADJOURNMENT The Council adjourned at 10:44 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 9