Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 21, 2022 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Albert*, Haffa (absent during afternoon session)*, Smith*, Williamson**, Present: Roberson* Absent: None * Attended remotely by teleconference ** Attended in person for afternoon session and remotely by teleconference for evening session City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Finance Director, Parks and Recreation Director, Public Works Director, Property Manager, Parking Administrator, Administrative Assistant (City Clerk’s Office), Intern (City Manager’s Office), Police 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. 22-063 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. Administrative Assistant Tulett 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 Council’s attendance as highlighted above. Councilmember Haffa was absent for the afternoon session, and in attendance remotely by teleconference for the evening session. Note: All votes taken during this meeting were brought back to Council for ratification at the June 29, 2022 special meeting due to the accessibility issue that became apparent in the evening session of this June 21, 2022 regular meeting (see Item 23). PUBLIC COMMENT Public comment on non-agendized matters was received from Janine Chicourrat and Eloise Shim. On question, Mayor Roberson confirmed that the Council held public first and second readings of Ordinance No. 3649 C.S. (military equipment) prior to its adoption. CONSENT ITEMS Mayor Roberson noted a request from the public to pull Items 6 and 11 from Consent. Mayor Roberson also noted a request by staff that Item 7 be pulled from Consent and postponed. On a motion by Mayor Roberson, seconded by Councilmember Williamson, the City Council made the following roll-call vote to approve the CONSENT ITEMS, excluding item 6, 7 and 11: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  6/21/2022 4:00:00 PM ORDINANCES 1. 1st Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the City Code (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Council’s vote to pass ordinance to print was ratified at the June 29, 2022 special meeting 2. 2nd Reading of Ordinance 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: Council’s vote to adopt Ordinance No. 3652 C.S. was ratified at the June 29, 2022 special meeting RESOLUTIONS 3. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period July 9, 2022 through July 21, 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: Council’s vote to adopt Resolution No. 22-074 C.S. was ratified at the June 29, 2022 special meeting 4. Authorize Professional Services Agreements with Michael Baker International Inc. for a Not to Exceed Amount of $200,000, To Provide On-Call Housing Program Consultant Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Councils’ vote to adopt Resolution No. 22-075 C.S. was ratified at the June 29, 2022 special meeting 5. Ratify Payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project NIP2013 (Exempt from CEQA Article 19, Section 15301, Class 1) ***NCIP*** Action: Council’s vote to adopt Resolution No. 22-076 C.S. was ratified at the June 29, 2022 special meeting 6. Amend and Restate Resolution 22-024, the Master Fee Schedule, to Amend the City Clerk, Harbor, Library/Museums, Parking, and Cemetery Division Fee Schedules (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Item pulled from Consent; Council’s vote to adopt Resolution No. 22-077 C.S. was ratified at the June 29, 2022 special meeting City Manager Uslar gave a brief verbal presentation summarizing the annual update to the Master Fee Schedule. Public comment was received from Tom Rowley, member of the Neighborhood and Community Improvement Program (NCIP) Committee, who offered specific comments relating to the fees associated with the RV Parking Facilities and how the rates will be increased per the Consumer Price Index (CPI), expressing affordability concerns. City Manager Uslar further explained the history of the RV Parking Facility fees and facility improvements and supported the staff recommendation in the Master Fee Schedule. Parks and Recreation Director Larson confirmed the research behind the recommendation by staff to use the CPI to appropriately adjust fees, and confirmed the current occupancy was full and the existence of a waiting list. 2  6/21/2022 4:00:00 PM On a motion by Councilmember Smith, seconded by Councilmember Albert, the City Council made the following roll-call vote to approve CONSENT ITEM 6: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Item pulled from Consent; Postponed to future meeting; 8. Award a Contract in the Amount of $105,654.40 to Ampersand Contract Signing Group for the Wayfinding Sign Fabrication, Phase 2 Project ***CIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council’s vote to adopt Resolution No. 22-079 C.S. was ratified at the June 29, 2022 special meeting 9. Adopt a Resolution to Appropriate Grant and Bookmobile Reserve Funds and Authorize the Purchase of One (1) 2022 Mercedes Sprinter Van Bookmobile in the Amount of $213,721 Through a Contract with Farber Specialty Vehicles (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Council’s vote to adopt Resolution No. 22-080 C.S. was ratified at the June 29, 2022 special meeting 10. Appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account (Exempt from CEQA, Article 19, Section 15331, Class 31) ***NCIP*** Action: Council’s vote to adopt Resolution No. 22-081 C.S. was ratified at the June 29, 2022 special meeting 11. Appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Fishermen’s Flats Traffic Calming Plan Project Account (Exempt from CEQA, Article 19, Section 15306, Class 6) ***NCIP*** Action: Item pulled from Consent; Council’s vote to adopt Resolution No. 22-082 C.S. was ratified at the June 29, 2022 special meeting Mayor confirmed that the Neighborhood and Community Improvement Program (NCIP) Committee did approve the project in June, and went directly to public comment. Public comment was received from Tom Rowley, member of the NCIP Committee, who offered appreciation for the traffic calming study and stated there was a scheduled discussion of the proposed traffic study plans in conjunction with a planned candidate’s forum to be held in September. On a motion by Mayor Roberson, seconded by Councilmember Albert, the City Council made the following roll-call vote to approve CONSENT ITEM 11: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3  6/21/2022 4:00:00 PM 12. Appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection Project Account (Exempt from CEQA, Article 19, Section 15301, Class 1) ***NCIP*** Action: Council’s vote to adopt Resolution No. 22-083 C.S. was ratified at the June 29, 2022 special meeting 13. Repeal Resolutions 14,037; 14,038; and 14,056 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Council’s vote to adopt Resolution No. 22-084 C.S. was ratified at the June 29, 2022 special meeting 14. Repeal Resolutions 82-4 and 82-5 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Ave Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Council’s vote to adopt Resolution No. 22-085 C.S. was ratified at the June 29, 2022 special meeting Other 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); 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: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property: Approximately 256 Square Feet Located in the Wharf II Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Robbie Torrise (Robbie's Ocean Fresh Seafood, Inc.); 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: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 700 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting 18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 720 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 4  6/21/2022 4:00:00 PM Action: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting 19. Receive Mayor’s Recommendation and Appoint Justin Ono to the Parks and Recreation Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Council’s vote to appoint Justin Ono to the Parks and Recreation Committee, term ending date June 30, 2024, was ratified at the June 29, 2022 special meeting *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda 20. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Report received at the June 29, 2022 special meeting PUBLIC APPEARANCE 21. 1st Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale and/or Distribution of all Flavored Tobacco Products (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council voted to pass to print as written and directed staff to return with clarifications relating to cultural use of hookah and flavored tobacco; Ratification of this vote was considered at special meeting of June 29, 2022 City Manager Uslar provided a brief verbal background and overview of the draft ordinance and introduced Brianna Kennedy, Intern with the City Manager’s Office, who gave the presentation and answered Councilmembers’ questions on the matter of shisha tobacco and hookah lounges. Mayor Roberson opened public comments. Michelle House, Monterey County Health Department and Monterey County Tobacco Control Program; Kendra Howe, Salinas Valley Memorial Healthcare System and Policy Lead for the Blue Zones Project Monterey County; Ashley Wailey, SunStreet Centers on behalf of their youth group, Safe Teams Empowerment Project (STEPS); and Sheila Phan, Breathe California; all spoke in favor of the ordinance. Anne Wheelis, of California State Advocacy Committee of the American Heart Association, Monterey County Collaborates, and Monterey County Tobacco Control Coalition, spoke in favor of the proposed ordinance and encouraged the Council to strengthen the ordinance to include flavored e-cigarettes, including single-use/non-refillable e-cigarette products. Rima Khoury and Thomas Lawton, of hookah manufacturer Fumari and the National Hookah Community Association, spoke on the history of the hookah cultural tradition and stated that banning hookah tobacco will not achieve the end goal of protecting youth. Niamh asked Council to reconsider the ordinance to include an exemption for hookah. Jayna K, local hookah bar owner, stated that only those 21 and over are allowed, and asked Council to exempt hookah and shisha from the ordinance. With no further requests to speak, Mayor Roberson closed public comment, with the exception of Jayna K, whose call was lost. The Council asked questions of Michelle House, Monterey County Health Department and Monterey County Tobacco Control Program, who confirmed the County’s ordinance included all flavored tobacco, including that used with hookah. Staff clarified the existence of a local hookah business thatprovides both tobacco and hookah services for use on site, 5  6/21/2022 4:00:00 PM and Council asked staff whether any other local businesses may sell flavored tobacco for cultural use that may be outside of the city and accessible. Jayna K., local hookah bar owner, rejoined to wrap up public comment, indicating that the business also has a tobacco license and does sell small amounts of shisha for patrons to enjoy at home. She also reiterated her businesses vigilance about ensuring patrons are 21 and over. Mayor Roberson closed public comment. Council requested staff return with additional information for the second reading regarding the ordinance and whether or not it includes local businesses and a complete ban on hookah or just the sale of flavored tobacco, and confirmed support for the staff recommendation that supports protecting the health of youth in Monterey. On a motion by Councilmember Smith, seconded by Councilmember Williamson, the City Council made the following roll-call vote to pass the ordinance to print as written and direct staff to return with clarifications relating to cultural use of hookah and flavored tobacco: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 22. Adopt Automated License Plate Recognition Policy for Use in Parking Operations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council vote to adopt the policy was ratified at the June 29, 2022 special meeting Parking Superintendent Steffy gave the staff presentation and answered Councilmembers’ questions. City Attorney Davi provided clarification relating to the retention of data, and Mr. Russell Robinson, representative of Vigilent/Motorola Solutions, was available for questions. Public comment was received from: Eloise Shim, who asked questions about the continued manual chalking of tires, the accuracy of the technology, and the public benefit, and Bob Faulis, who had questions about privacy issues. City Attorney Davi provided clarification on retention and access to non-evidentiary data, Parking Superintendent Steffy clarified the new system would replace the current manual chalking method, and Mr. Robinson answered questions about the review and accuracy of data. Mayor Roberson closed public comment. On a motion by Councilmember Smith, seconded by Councilmember Albert, the City Council made the following roll-call vote to adopt the policy: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6  6/21/2022 4:00:00 PM RECESS The Council recessed at 5:18 p.m. RECONVENE The Council reconvened at 7:07 p.m. Administrative Assistant Tulett 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 received from: Tom Fitzpatrick, Lukas Sherman, and Blake Svoboda from the Monterey Amberjacks professional baseball team. ANNOUNCEMENTS FROM CLOSED SESSION None made - Closed session meeting not held, and agendized closed session items to be scheduled for the June 29, 2022, closed session. PUBLIC APPEARANCE (EVE) 23. Adopt the FY2022/23 Operating Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Item heard, novote taken City Manager Uslar and Finance Director King made the staff presentation. Finance Director King answered questions from Council on the proposed budget and stated she would provide additional clarifications, alternatives and budget forecasts at the next meeting. Library & Museums Director Waite answered Councilmembers’ questions relating to the cost of changing certain positions from part-time to full-time positions at the Library and Museums. Public comment was received from: Mike Sovereign, member of the Museum and Cultural Arts Commission, spoke in favor of the budget, specifically the highlight of the City’s Museums, but also offered concern for the lack of funding for and filling of steady positions to support museum operations; Eloise Shim, who spoke about the lack of funding specific for housing and proposed funding for staff positions, suggesting alternatives for the monies; Rob O’Keefe, Monterey County Convention and Visitors Bureau (MCCVB), who gave comments about budget forecasts and the relationships of the hospitality and local business industries are to the City; Esther Malkin, Del Monte Grove-Laguna Grande Neighborhood Association, who concurred with prior comments relating to funding housing issues in the City and offered comments and concerns relating to the NCIP funds; Bob Evans, member of the Museum and Cultural Arts Commission, who echoed the previous comments made relating to museum staffing and the hospitality industry, specifically suggesting the City have a visitor’s center; and Wendy Brickman, representing the North Fremont Business District and the Fisherman’s Wharf Association, who spoke in support of adding back funding and reimbursements for the local business districts who contribute to the City’s sales tax revenue. At the end of the budget presentation, it became known that there was an error on the agenda relating to public access to the telephone-in portion of the teleconference, which made it difficult or potentially prevented some members of the public from calling by 7  6/21/2022 4:00:00 PM telephone to participate in the meeting. After discussion and with direction from the City Attorney, it was determined to adjourn the meeting, take no actions on the remaining agenda item, and reschedule to the special meeting to be held on Wednesday, June 29, 2022, when the Council may ratify all votes and actions taken on Tuesday, June 21, 2022 and take action on agenda items 23 and 24. 24. Calling a General Municipal Election for November 8, 2022 and Proposing a General Business License Tax on Commercial Cannabis Activity (Exempt from CEQA pursuant to Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4).) Action: Item not heard COUNCIL COMMENTS None made. CITY MANAGER REPORTS None made. ADJOURNMENT The Council adjourned at 8:45 p.m. Respectfully Submitted, Approved, Linda Tulett Clyde Roberson Administrative Assistant, City Clerk’s Office Mayor 8