Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 19, 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 * Attended remotely by teleconference in the afternoon and the evening ** Attended remotely by teleconference in the evening 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, Police Lieutenant, Police Lieutenant, Parks Operations Manager, Associate Planner, Senior Engineer, Police Lieutenant, Sustainability Coordinator, Lieutenant 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) and Resolution No. 22-026 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:12 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 full Council present, with a combination of in-person and teleconference attendance as highlighted above. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized DLI Quarterly Joint Service Award winners The Council recognized Sergeant Chris Maharaj, Sergeant Colton Readd, and Lance Corporal Maxwell Mavromatis, all from the U.S. Marine Corps. Each award recipient made brief remarks in his language of study. Not in attendance but recognized by the Council was Lance Corporal Adrian Montalvomercado, also from the U.S. Marine Corps. Public comment was not received. 2. Presentation on “Trees for Monterey,” a Rotary District Service Grant Project (Exempt from CEQA, Article 19, Section 15304, Class 4.b) Action: Received presentation Park Operations Manager Marcuzzo gave a brief presentation and thanked the Rotarians for their volunteerism. Public comment was received from John Hetz, organizer of the project, who thanked the other participants.  City Council Minutes April 19, 2022 PUBLIC COMMENTS Public comment on non-agendized matters was received from: Tom Rowley and Demetrius Kastros, and Shay Balesteri. CONSENT ITEMS Mayor Roberson noted that Items 15, 17, 18, and 21 had been requested by the public to be pulled from Consent. Public comment was received on Items 5 and 15 from Shay Balesteri, General Employees of Monterey, who said that City employees work hard to take care of the City, and requested that the City hold off on any new spending of rainy day funds or increased use of outside vendors and contractors until negotiations with all City employee groups had been finalized. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 15, 17, 18, and 21: 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 3. March 15, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved 4. March 23, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved Resolutions 5. Authorize Amendment to the Agreement for Destination Marketing and Group Sales Services with the Monterey County Convention and Visitors Bureau to Increase the Not-to-Exceed Amount from $989,405 to $1,800,000 Effective April 14, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-027 C.S. 6. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period April 20, 2022 through May 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. 22-028 C.S. 7. Authorize Agreement with Infor Public Sector, Inc. and Appropriate $328,279.09 for Purchase of Infor Public Sector Suite (Hansen) Multi-year Support Agreement (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2  City Council Minutes April 19, 2022 Action: Adopted Resolution No. 22-029 C.S. 8. Amend Resolution 21-018 Authorizing the City Manager to Enter into an Agreement with the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training to Reflect the Full Grant Amount (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-030 C.S. 9. Authorize Increase of FY22 Revenue and Appropriation of $8,555.70 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvements Project ***CIP/NCIP**** (Adopted Initial Study-Mitigated Negative Declaration) Action: Adopted Resolution No. 22-031 C.S. 10. Amend Resolution 21-131 to Authorize the Deed Restriction requirement for the California State Parks’ Per Capita Grant (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-032 C.S. 11. Award a Sole Source Contract to Edges Electrical Group in the amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project - Phase 2 - Marina Lot (Exempt from CEQA, Article 19, Section 15302, Class 2) Action: Adopted Resolution No. 22-033 C.S. 12. Award a Professional Services Agreement for the Completion of the Sanitary Sewer Master Plan to G7ei, Inc. in the Amount Not-to-Exceed $192,000 ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-034 C.S. 13. Authorize an Appropriation of Measure P/S Funds in the Amount of $1,500,000 to the Measure P Sidewalks Project Account (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-035 C.S. 14. Amend Resolution No. 22-003 to Update the MOU with MRWMD and Authorize the Finance Director to Remit CalRecycle SB1383 Local Assistance Grant Program Funds to the MRWMD for Public Education, Outreach, and Compliance Monitoring Relating to Organics Recycling and Edible Food Recovery (Not a Project under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-036 C.S. 15. Authorize Professional Services Agreement with CSG Consultants, Inc. for a Not to Exceed Amount of $200,000 to Provide On-Call Code Compliance Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 22-037 C.S. Human Resources Director Hauck gave a brief verbal presentation clarifying that this action would not be any change from status quo and was not a new contract. City Manager Uslar clarified that the proposed contract was to monitor short-term rentals and that the current code compliance position was fully staffed. Public comment was not received. 3  City Council Minutes April 19, 2022 On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22-037 C.S. to Authorize Professional Services Agreement with CSG Consultants, Inc. for a Not to Exceed Amount of $200,000 to Provide On-Call Code Compliance Services: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Adopt a Resolution Accepting the General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-038 C.S. 17. Authorize Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 22-039 C.S. Community Development Director Cole gave a brief verbal presentation. Public comment was received from Nina Beety, who shared concerns about Rincon Consultants and details of their work and contract with the City, and asked for the contract to be terminated. 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. 22-039 C.S. to Authorize Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000 Each, for the Construction and Modification of Wireless Facilities: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 18. Appropriate $92,400 to Economic & Planning Systems to Collect Information and Prepare Research for an Economic Analysis of Housing Development for Parcels 031-191-018, 031- 191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015 and Authorize Three Month Contract Extension (Exempt from CEQA Article 19, Section 15306, Class 6) Action: Pulled from Consent; Adopted Resolution No. 22-040 C.S. City Manager Uslar gave a brief verbal presentation. Public comment was received from Tom Rowley, who spoke about housing issues and related impacts on public education in the area served by Foothill School. The Council commented on the Regional Housing Needs Analysis (RHNA) number assigned to the City. It was stated that anything the City can do to participate in compiling data to fight future penalization by the State and remove other barries to developing housing is welcome and that 4  City Council Minutes April 19, 2022 housing is a priority and strategic objective of the Council. It was expressed that the City should be genuinely trying to look at how to build housing on the Fort Ord property. On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22-040 C.S. to Appropriate $92,400 to Economic & Planning Systems to Collect Information and Prepare Research for an Economic Analysis of Housing Development for Parcels 031-191- 018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 19. Request Appropriation of $15,641 in Donated Funds to the Fiscal Year 2021-2022 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-041 C.S. 20. Approve Expenditure of $20,000 from the Monterey 250 General Fund to Reimburse the Cannery Row Business Association and the Old Monterey Foundation for the Giant Abalone Shell Artwork Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-042 C.S. Other 21. Receive Informational Report about How to Participate in the Monterey Regional Compatible Use Study (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Received report Public comment was received from Tom Rowley, who said that the study that is out for review is not user-friendly; Nina Beety and Becky Steinbruner, who asserted there was a lack of transparency from the City on the matter and cited concerns about environmental contamination and health impacts associated with military installations; and a man who identified himself as an FCC-licensed radiofrequency engineer and spoke about misconceptions about 5G technology. *** End of Consent Agenda *** PUBLIC HEARING 22. 1st Reading by Title Only of an Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5 , Section 15061) Action: Waived further reading and passed Ordinance to print Mayor Roberson introduced the ordinance by reading its full title. Police Chief Hober gave the staff presentation and answered Councilmembers' questions. 5  City Council Minutes April 19, 2022 Public comment was received from Eloise Shim, who expressed concern about procurement of military equipment as relates to citizens' 4th Amendment rights, and about interactions with the homeless community. Police Chief Hober clarified that surveillance equipment is not included in this policy proposal except for drones. The Council praised the Monterey Police Department's participation in the Multi-Disciplinary Outreach Team (MDOT). 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 waived further reading and passed to print an Ordinance Regarding Police Department Acquisition and Use of Military Equipment and Approving the Military Equipment Use Policy: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 23. Recommend that the City Council Adopt the 2022/2023 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: Continued public hearing to 7 p.m.; Adopted Resolution No. 22-043 C.S. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council continued the matter to 7 p.m.: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 5:53 p.m. Following its continuance to 7 p.m., this matter was heard following Item 26 in the evening session. Housing Analyst Leonard gave the staff presentation and answered Councilmembers' questions. 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. 22-043 C.S. to Adopt the 2022/2023 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6  City Council Minutes April 19, 2022 PUBLIC APPEARANCE 24. Report on Public Banking and Receive Direction on Whether to Express Interest in Participation in Central Coast Public Banking Viability Study (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Directed staff to express interest in participating in a Central Coast public banking viability study (3-2, Councilmembers Albert and Smith voting no) This matter was heard following Item 23 in the evening session. Finance Director King gave the staff presentation and answered Councilmembers' questions. Public comment was received from George Riley, who said that the feasibility study was intended to answer some of the opposition’s questions; Johnny Khamis, who shared concerns about how a public bank would make up for potential losses and said it was not worth pursuing a study; Lynn Hamilton, who spoke in favor of moving forward with a feasibility study and said that a public bank could work much like Central Coast Community Energy. The Council discussed the matter. It was stated that risky behavior that is allowed in the private sector could and should be prohibited in a public bank. Comments were made in support of the feasibility study in order to answer questions and learn more. Comments were made in opposition of the feasibility study due to concern about placing the City's assets in a high-risk situation. It was requested to know what could be the sources of funds and collateral for public banks. It was stated that at this time, discussion about committing money to the feasibility study was not necessary at this time due to a current lack of information about the total cost or total number of participants. It was stated that expressing interest by way of a resolution would be acceptable. It was pointed out that a resolution had not been brought to the Council by staff. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to direct staff to express interest in participating in a Central Coast public banking viability study: Council discussed the motion. It was stated that the Council has a fiduciary responsibility to the public. The motion carried by the following roll-call vote: AYES: 3 COUNCILMEMBERS: Haffa, Williamson, Roberson NOES: 2 COUNCILMEMBERS: Albert, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** RECESS The Council recessed at 5:53 p.m. following the vote to continue Item 23 to 7:00 p.m. RECONVENE The Council reconvened at 7:01 p.m. 7  City Council Minutes April 19, 2022 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. City Clerk Klein called the roll with the full Council present with a combination of in-person and teleconference attendance. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from DeAnn Brady, ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein made the following report from the 3 p.m. special closed session: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): City of Monterey v Monterey Peninsula Airport District (Monterey County Superior Court Case No. 20CV002445) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll-call vote of 4-0-1 with Councilmember Haffa abstaining, the Council gave confidential direction to its legal counsel She said that the second matter, labor negotiations, was not heard in the afternoon. PRESENTATIONS (EVE) 25. Recognition of April 2022 as Fair Housing Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized April 2022 as Fair Housing Month Mayor Roberson read the proclamation. Public comment was received from Esther Malkin, who said that a proclamation was appreciated but more action was needed. PUBLIC HEARING (EVE) 26. 1st Reading by Title Only of an Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory Dwelling Unit Development Standards (MCC 38-112.6) (Statutorily Exempt from CEQA per Article 18, 15282(h) and Public Resources Code Section 21080.17) Action: Waived further reading and passed Ordinance to print, with direction for staff to come back with recommendations relating to situations where an R-3 zoned property is adjacent to an R-1 zoned property, and to the parking issues highlighted by the City Attorney Mayor Roberson introduced the ordinance by reading its full title. Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. Public comment was not received. The Council discussed the matter and an expressed concern about what would happen in the case when an R-3 zoned property might be located next to an R-1 zoned property, which it was stated could result in a three-story building next to a single-story home. City Manager Uslar 8 City Council Minutes April 19, 2022 suggested that a possible solution that he said would benefit current pending projects: passing the ordinance as proposed, while directing staff to come back with ideas to address the conflict between R-1 and R-3 zones as discussed. On question, City Attorney Davi suggested that more time would assist staff to study the suggestions and that if the Council desires changes, they could direct staff to come back with alternatives. On question, Senior Associate Planner Schmidt clarified that none of the pending projects was immediately adjacent to R-1 zoned property. It was stated by the Council that property owners buy with knowledge about adjacent properties. It was stated by City Attorney Davi that parking issues (or lack thereof) as they relate to roof height would be a matter that staff would like time to investigate. Concern was expressed by Council about taking a path that would add restrictions to add housing units to the City. City Attorney Davi suggested that it may be possible to make a condition of approval that the garage will not subsequently converted. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to waive further reading and passed to print an Ordinance Amending Chapter 38 of the City of Monterey Code Related to Accessory Dwelling Unit Development Standards, with direction for staff to come back with recommendations relating to situations where an R-3 zoned property is adjacent to an R-1 zoned property, and to the parking issues highlighted by the City Attorney. It was suggested by Council that one option would be restricting R-3 zoned properties adjacent to R-1 zoned properties to a height of 16 feet instead of 25. On question, City Attorney Davi confirmed that staff would bring the matter back to Council at a second reading with alternatives available. It was suggested by Council to consider adopting the ordinance fully as-is and taking up the matter of adjacent R-1 and R-3 zoned properties separately later so as not to delay any current pending projects. Following discussion about this concept, the mover indicated intention to continue with the existing motion. 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) The Council then took up Items 23 and 24 from the afternoon session. COUNCIL COMMENTS None made. CITY MANAGER REPORTS None made. The Council adjourned to closed session at 9:13 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), 9 City Council Minutes April 19, 2022 Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 10