Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 7, 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, Parks and Recreation Director, Finance Director, Fire Chief, Library Director, City Clerk, Property Manager, Human Resources Director, Lieutenant, Recreation Manager, Senior Engineer ***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) and Resolution No. 22-052 C.S. CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 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 by teleconference. PRESENTATIONS 1. Receive a Presentation Regarding the Status of the Waterfront Parking Lot Resurface/Stripe Project Phase 2 - Marina Lot (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061 Action: Received presentation Public Works Director Wittry gave the staff presentation and answered Councilmembers' questions. Public comment was received from Wendy Brickman, Fisherman's Wharf Association, and Mike Bekker, Surfside Enterprise, and Lorna Moffat, who all asked questions about the project, which were answered by Public Works Director Wittry. He clarified that improving the bay runoff is one of the goals of the project. PUBLIC COMMENTS Public comment on non-agendized matters was received from Jhonrico Carr and Lorna Moffat.  City Council Minutes June 7, 2022 CONSENT ITEMS Public comment on the Consent Items was not received. On question on Item 8, Assistant City Manager Rojanasathira stated that there are not sufficient alternatives at this time to the proposed Police SUVs. 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 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. May 17, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved minutes 3. May 25, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved minutes Ordinances 4. 1st Reading by Title Only to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed ordinance to print Resolutions 5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period June 18, 2022 through July 8, 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. 22-063 C.S. 6. Award a Contract to Hope Services in an Amount Not to Exceed $25,000 to Maintain Trash Cans and Abate Litter and Appropriate $11,000 for the Service (Not a Project Under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-064 C.S. 7. Amend Resolution 20-012, the Construction Contract with Cosco Fire Protection, Inc., for the Wharf II Fire Suppression Replacement Project by Increasing the Contract Amount from to $1,920,000 to $3,674,000 (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1, and Section 15331, Class 31) ***CIP*** Action: Adopted Resolution No. 22-065 C.S. 2  City Council Minutes June 7, 2022 8. Adopt a Resolution to Authorize the Purchase of Four (4) 2022 Ford Police SUV Interceptors in the Amount of $209,442.36 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-066 C.S. 9. Amend Resolution 21-061, the Construction Contract with Granite Construction Company for the USAG POM Pavement Repair 2018 Project for Presidio Municipal Services Agency Projects, by Increasing the Contract Amount from $4,043,713.20 to $4,193,713.20 (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) ***PMSA*** Action: Adopted Resolution No. 22-067 C.S. 10. Establish the 2022-23 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-068 C.S. 11. Amend and Restate Resolution 22-010, the Schedule of Hourly Rates for Temporary / Seasonal Part-Time Positions, to Modify Hourly Rates for the Support Analyst Position (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-069 C.S. Other 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 380 Alvarado Street, Suites 101 and 201; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mia Cruz (Bliss Boutique); Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed real property negotiators Cole and Aldrete 13. Appoint Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations with General Employees of Monterey (GEM), 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: Appointed labor negotiators Neal and Russo 14. Receive Mayor’s Recommendations and Make Appointments to the Board of Library Trustees, Disabled Access Appeals Board, and Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Reappointed Marsha Moroh to Board of Library Trustees for a term expiring June 30, 2026; Appointed Patriciaann Booth to the Disabled Access Appeals Board for a term expiring June 30, 2026; and appointed John Mera to the Neighborhood and Community Improvement Program (NCIP) Committee to fill a vacated term (Skyline neighborhood alternate) expiring June 30, 2024 *** End of Consent Agenda *** 3  City Council Minutes June 7, 2022 PUBLIC HEARING 15. Levy Assessment to Fund the North Fremont, New Monterey, and Cannery Row Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 22-070, 22-071 and 22-072 CS. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. Public comment on the matter was received from Rick Johnson, New Monterey Business Assocation, who spoke about the New Monterey Business Improvement District's history and financial situation. 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 adopted Resolution Nos. 22- 070, 22-071, and 22-072 C.S. to Levy Assessment to Fund the North Fremont, New Monterey, and Cannery Row Business Improvement Districts: 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 16. Recognize June 2022 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2022 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-073 C.S. City Manager Uslar made a short verbal presentation. Public comment was not received. The Council discussed the matter. It was stressed that the current political climate shows that there is still much to be done for queer rights. It was stated, in reference to the City budget, that LGBTQ services could use greater support. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 073 to Recognize June 2022 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2022: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 4  City Council Minutes June 7, 2022 17. Authorize the Mayor to Sign an Open Letter to Congress for Sensible Federal Legislation to Curb Gun Violence (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized letter Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. On question, he said that staff is currently researching what action can be taken in Monterey specifically. Public comment was not received. A motion was introduced by Councilmember Smith, and seconded by Councilmember Albert, to authorize the Mayor to Sign an Open Letter to Congress for Sensible Federal Legislation to Curb Gun Violence. Council discussed the matter. It was suggested that the City call for the formation of a national commission to move on many of the suggestions, especially a red flag system, data gathering, and 30-day background check. It was noted that the City's action is symbolic but will send a message with other cities that Congress needs to take bipartisan, common-sense action. 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) *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:14 p.m. RECESS RECONVENE The Council reconvened at 7:00 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 by teleconference. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was not received. 5  City Council Minutes June 7, 2022 ANNOUNCEMENTS FROM CLOSED SESSION cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 380 Alvarado Street, Suites 101 and 201 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mia Cruz (Bliss Boutique) Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unaninimous roll call vote, the Council gave confidential direction to their real property negotiatiors PUBLIC APPEARANCE (EVE) 18. Presentation on the Preliminary FY2022/23 Operating Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation, discussed, provided feedback to staff Mayor Roberson introduced the item and spoke about the "new normal" that is due to circumstances and challenges outside of the City's control. City Manager Uslar and Finance Director King gave the staff presentation and answered Councilmembers' questions. The Council recessed at 8:53 p.m. and reconvened at 9:06 p.m. Public comment was received from: Jeannie Ferrara, Jean Rasch, Rick Heuer, Curt Tipton,Tom Rowley, Mike Brassfield, Dwayne Peterson, Esther Malkin, Dennis Duke, Tammy Jennings, and Kala Fossum, who spoke in opposition to the City's allocating NCIP funds to the capital projects like the Monterey Sports Center ("MSC"). Alternative suggestions made by these speakers included delaying putting money aside into reserves, considering selling the Monterey Sports Center, and taking the needed funding from the Parking Fund). It was stated that the NCIP is a chance to build better neighborhoods and that the 4/5 vote was proposed for fiscal emergencies; Wendy Brickman, Lance Kohler, Christina Riddoch, Barry Riddoch, and Rick Johnson, who spoke in favor of funding the business districts. Statements made by these speakers included assertions that the districts are revenue generators for the City and that the public benefits from these districts; Richard Ruccello, who stated that deficits must be prioritized first, and infrastructure second and said that the City needs to reevaluate how it is marketed; and Mike Sovereign, Bill Wojtkowski, and John Castagna, all members of the Museums and Cultural Arts Commission, who expressed concern about proposed staffing of the City's museums. With no further requests to speak, Mayor Roberson closed public comments. Council discussed the structural deficit and the "new normal." Regarding the Monterey Sports Center ("MSC"), it was stated that the Council was not interested in taking money from the NCIP, and that it would be fair to come in with specific projects such as the dehumidifier rather than one large sum. It was acknowledged that NCIP has been helpful with MSC and other community-wide projects and proposed to encourage the 6 City Council Minutes June 7, 2022 NCIP to allocate $2M of NCIP funds toward MSC projects. It was stated it would be in the best interest to the purpose of the NCIP to keep its scope within neighborhoods and the projects that the neighborhoods choose, and it was stated that the City needs to find another way to fund the MSC. It was stated that everyone is ready for COVID-19 to be over but it's not over yet. Concern was expressed that conferences and MSC users are not coming back at pre-COVID-19 rates. It was observed that the Monterey Conference Center ("MCC") is at the beginning of its facilities life post-renovation and stated that a reserve for its maintenance should be started. It was stated that the City can't keep every program and facility and "kick the can further down the road," and maybe it is time to reduce programs. Regarding funding for business districts, it was stated that financially supporting businesses is not the role of governmen and that if businesses believe the districts are a good return on their investment, they can choose to fund it and make up the difference. It was proposed that the City could reduce the amount by 50% this year as a middle step to eliminating funding. Regarding staffing levels, it was stated that staff's recommendations were good, as long as the City is careful. It was questioned how the City would pay for these positions and for infrastructure and pension liability without touching NCIP funds or business districts. It was questioned whether the City should freeze new hires except those that will pay for themselves. It was questioned how much it would cost to bring the positions back. Regarding increasing the Council's stipend, it was stated that there was no interest. On the other hand it was noted that increasing it would be a way to encourage and recruit more people to be able to serve. City Manager Uslar stated that staff would reach out to NCIP regarding specific projects and come back to Council with requested information. COUNCIL COMMENTS None made. CITY MANAGER REPORTS None made. ADJOURNMENT The Council adjourned at 10:54 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 7