Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 1, 2022 4:00 PM 7:00 PM 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, Interim Recreation and Community Services Manager This meeting was held with teleconference attendance only, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-015 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. with the full Council present. City Clerk Klein explained to the public how to participate in the meeting virtually by Zoom teleconference. Public comment on the closed session was not received. *** Adjourn to Closed Session (See additional agenda) *** The Council adjourned to closed session at 4:06 p.m. RECESS The Council recessed at 5:49 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually by Zoom teleconference. City Clerk Klein called the roll with the full Council present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized matters was received from Lorna Moffat, Tammy Jennings, Morgan Ivens-Duran, Brandon Naylor, and Esther Malkin.  City Council Minutes March 1, 2022 ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced the following: Item cs1. Public Employee Discipline/Dismissal/Release pursuant to Government Code section 54957(b)(1) (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 City Council voted to dismiss a senior parking controls technician Item cs2 - Not heard; Council to take it up at the end of the evening session. CONSENT ITEMS Public comment on the consent items was not received. Councilmember Haffa left the meeting at 7:19 p.m. 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: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Councilmember Haffa rejoined the meeting at 7:20 p.m. Approval of Minutes 1. February 15, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 15 de febrero 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 (4-1, Councilmember Haffa absent) Ordinances 2. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-14(d) to Add Services Performed by the State-Recognized Destination Marketing Organization for the Monterey Region as a Sole Source Exception to Competitive Procurement Requirements (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed to print Resolutions 3. Amend and Restate Resolution 22-010 to Establish Hourly Rates for Temporary / Seasonal Part-Time Positions and Establishing Hourly Rates (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-016 C.S. (4-1, Councilmember Haffa absent) 2  City Council Minutes March 1, 2022 4. Adopt Resolution Opposing the “Taxpayer Protection and Government Accountability Act” (Initiative 21-0042A1) (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-017 C.S. (4-1, Councilmember Haffa absent) *** End of Consent Agenda *** PUBLIC APPEARANCE (EVE) 5. Amend Fiscal Year (FY) 2021-22 Budget to Increase General Fund Budget Revenues and Appropriations, Designate Funds into the Economic Uncertainty Reserve and Various Other Reserve Funds, Authorize Other Non-General Fund Changes, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-018 C.S. as Amended City Manager Uslar and Finance Director King gave a comprehensive staff presentation on the mid-year budget update and answered Councilmembers' questions. The presentation included a final slide indicating the following minor corrections and updates to Exhibit A to the Resolution: 1. Allocation of Sports Coordinators to Divisions (Sports Center Salaries Full Time 101-501-5180-0000-4101 $52,551, Recreation Salaries Full Time 101-501-5160-0000-4101 $52,551), 2. Change account number in Fire Department Overtime to 101-250-2530-000R- 4102, 3. Reclass Fire Reimbursement Revenue from General Fund to Fund 708 Vehicle Replacement. Public comment was received from: Esther Malkin, who proposed that the City spend some money on a consultant who would help guide the City toward a feasible, fair renter protection policy to put before the Council, and asked to keep fuel reduction plans out of the NCIP program because it was intended for capital improvements; Rick Aldinger, Monterey County Hospitality Association, who spoke in favor of the Monterey Conference Center reserve fund and urged the Council to create a reserve fund for the Monterey Conference Center and fund it at a higher level annually; Steve Hanleigh, Parklands Homeowners Association, who spoke in favor of a sea level rise resiliency reserve fund and stressed the need to maintain the dunes and sand levels near his neighborhood; Johnny Khamis, Parklands Homeowners Association, who complimented City staff in planning for the future and echoed the call for the sea level rise resiliency reserve fund; Mark Watson, Monterey County Hospitality Association, who spoke in favor of establishing the Monterey Conference Center reserve fund; Carol Chorbajian, who echoed Mark Watson's and Rick Aldinger's comments in favor of the Monterey Conference Center reserve fund and spoke about the revenue that conference attendees bring into Monterey and the importance of taking care of the facility; and Rob O'Keefe, who spoke about the needed long term care of the Monterey Conference Center. The Council recessed at 8:51 p.m. and reconvened at 9:01 p.m. The Council discussed the matter. It was stressed that infrastructure is important and that the City should not keep kicking the can down the road. It was stated that there are big challenges in the future, including climate change, which will need addressing. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to adopt Resolution No. 22-018 C.S. to Amend Fiscal Year (FY) 2021-22 Budget to Increase General Fund Budget Revenues and Appropriations, Designate Funds into the Economic Uncertainty Reserve and Various Other Reserve Funds, Authorize Other Non-General Fund 3 City Council Minutes March 1, 2022 Changes, and Update the Position Control List, with the Exhibit amended to include changes highlighted in the Finance Director's final slide. The Couincil made statements of appreciation to City staff for addressing pension obligations and designating funds for infrastructre and climate/ocean level rise issues, and stated that there are lots of other infrastructure needs that will need attention in the future as well. It was questioned how much of the public's money should be in the economic uncertainty fund. It was noted that the amount of money in the economic uncertainty fund does not run the City for very long, and stated that even 20-21% would be appropriate. It was stated that quality of life and housing are Council priorities, and that housing uncertainty is a detriment to quality of life but it does not appear in this mid-year budget update and the hope was expressed that housing matters will appear in the next fiscal year's budget, which could include legal assistance for tenants, and rental assistance. It was stated that a water project could help the City move toward being able to introduce more housing projects. It was pondered whether a three year projection is more realistic than a five year projection. The importance was stressed of retaining a high-quality staff in an inflationary period. 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) COUNCIL COMMENTS Councilmember Albert said that he understands and shares concerns about the impacts of high rents on the Monterey Peninsula. He stated that he would like the staff to look at Assembly Bill 1482 and its loopholes, and would ask them to bring back to Council a discussion of how this bill can impact the City. Councilmember Williamson reported on Monterey One Water's payment program that will use revenue from the State to alleviate customer arrearages that were due to pandemic economic difficulties. He said that the board authorized its staff to hire a director of microgrid and renewable energy. He asked to adjourn the meeting in honor of fallen City of Salinas Police Officer Alvarado. Councilmember Haffa reported on a recent event at Colton Hall that he hosted with Councilmember Williamson and former Councilmembers Downey and Selfridge relating to community housing and homelessness issues, and said that he is in favor of exploring rent stabilization as a solution. Councilmember Smith spoke about the people in Ukraine and neighboring countries who are being impacted by the war, and said he hoped for peace in the region. He reminded residents to be mindful of scams and phishing attempts that take advantage of concern and generosity. Mayor Roberson reported on recent happenings at the Monterey Peninsula Water Management District, including an award for water purification facility engineering excellence, the status of the Seaside Basin aquifer, the water purchase agreement that is under consideration, the redistricting process, mid-year budget adjustments, and LAFCO's "no" vote on reconsidering the District's latent powers. He pledged to keep the Council and public updated. 4 City Council Minutes March 1, 2022 CITY MANAGER REPORTS City Manager Uslar announced that Colton Hall has been lit at night in Ukraine's national colors to show solidarity to the people of Ukraine. He stated that the demand for COVID-19 vaccinations has gone down at the City-operated clinics. He reported on a recent Kids Heroes Run put on by the Monterey Firefighters Association and My Museum, and the recent kickoff of the Panetta Lecture Series which he said is still being held virtually using the Conference Center's infrastructure. ADJOURN TO CLOSED SESSION Public comment was not received on the closed session. The Council adjourned to closed session at 9:42 p.m. REPORT FROM CLOSED SESSION 2. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. City of Monterey v. Monterey Peninsula Airport District (Monterey County Superior Court Case No. 20CV002445) 2. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 3. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV001743; Sixth District Court of Appeals Case No. H049770) 4. Pace v. City of Monterey (Monterey County Superior Court Case No. 21 CV003538) 5. City of Monterey v. Flores (Monterey County Superior Court Case No. 20CV002512) B. Conference with Legal Counsel, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3), Terry Walker Claim dated December 28, 2021 Action: On two separate unanimous roll call votes, the Council gave confidential direction to legal counsel on the Discovery Charters, Inc. matter and the Terry Walker claim; On the other matters no reportable action was taken. ADJOURNMENT The Council adjourned at 10:05 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 5