Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 16, 2022 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson*, Roberson* Absent: None * Attended remotely by teleconference City Staff City Manager, Assistant City Manager, City Attorney, Parks and Present: Recreation Director, Fire Chief, Traffic Engineer, City Clerk, Associate Planner, Library & Museums Director, Deputy Human Resources Manager, Administrative Assistant, Senior Accountant, Administrative Analyst (Housing), Senior Engineer 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. 22-089 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with all Councilmembers present as highlighted above. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized items was received from Nina Beety and Esther Malkin. CONSENT ITEMS Public comment on Consent Items was received from Elouise Shim, who said more money should be allocated fairly to homeless and low-income people and not as much to the youth shelter. On question, Housing Analyst Leonard provided clarification about CDBG funds relating to Agenda Item 3. Council pulled Item 6 from Consent and provided a brief correction to the attendance method listed for Councilmember Albert in the draft minutes (Agenda Item 1). On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Item 6:  City Council Minutes August 16, 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) Approval of Minutes 1. August 2, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved as amended Resolutions 2. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period August 20, 2022 through September 16, 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. 22-108 C.S. 3. Approve the 4th Amendment to the Agreement with Community Human Services to Increase the Grant of Community Development Block Grant Funds by $160,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58.5(a) and from CEQA per Article 19, Section 15301, Class1) Action: Adopted Resolution No. 22-109 C.S. 4. Appropriate $141,268 in Grant and Donated Funds to the 2022-2023 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. 22-110 C.S. 5. Appropriate $10,000 in Donated Funds to Commission the “Young Readers” Mural for Installation on the Library Terrace and Authorize the City Manager to Execute a Public Art Agreement with Natalia Corazza (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-111 C.S. Other 6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: S/E Corner of Waterfront Parking Lot; Agency Negotiators: Janna Aldrete; Negotiating Parties: John Lord (Tesla, Inc.); Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Discussed; Appointed real property negotiator Aldrete (4-1, Councilmember Smith voting no) City Manager Uslar made brief explanatory comments and answered Councilmembers' questions, stating that there are no Tesla charging sites on City-owned property. Public comment was received from John Lord, Tesla, Inc., who spoke in favor of the proposal before Council on the closed session agenda; Esther Malkin, who spoke against the proposal, 2  City Council Minutes August 16, 2022 citing the high cost of Tesla vehicles and the reduced parking available to locals when Tesla charging stations are installed; and Wendy Brickman, Fisherman's Wharf Association, who spoke against the proposed location for the charging stations, citing loss of parking to wharf visitors. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to appoint real property negotiator Janna Aldrete. Comments were made by Council in favor of installing charging stations that will serve all electric vehicles, citing the catastrophic impacts of climate change. It was stated that charging stations should be where people are driving and parking, if the goal is to encourage electric vehicle use. It was clarified that this action by Council appoints a real property negotiator and does not approve the project. Comment was made by Council against appointing the negotiator, citing that the proposal is not for the correct location. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 570 Munras Avenue, Unit #60 (SBS Tech, Inc. dba AT&T); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: April Sheffield (ROIC Monterey, LLC); Under Negotiation: Price and Terms of Payment for Consent to Sublease (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 8. Receive Mid-Year Update on the 2022 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update 9. Receive Mayor’s Recommendation and Appoint Justin Cheng as Alternate to the Appeals Hearing Board (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Justin Cheng to fill the vacant Alternate seat with a term expiring June 30, 2024 *** End of Consent Agenda *** PUBLIC HEARING 10. 1st Reading by Title Only of an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1- 10-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Introduced ordinance and passed it to print, Adopted Resolution No. 22-112 C.S. 3 City Council Minutes August 16, 2022 Mayor Roberson introduced the ordinance by reading its full title. Principal Planner Roveri gave the staff presentation and answered Councilmembers' questions. Public comment was received by Lorene Kimzey, the owner of the property, who spoke in favor of the rezone and Mills Act contract, and Esther Malkin, who asked for clarification on historic zoning designations. On question from the public, Mayor Roberson stated that the proposed rezone would apply only to this property. Comments were made by the Council complimenting the beautiful home and in favor of the historic rezone. It was noted that Ms. Kimzey has been generous in sharing her previous historic home. 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 passed to print an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource and adopted Resolution No. 22-112 C.S. Authorizing a Mills Act Contract: 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, Councilmember Haffa, and Councilmember Williamson made no report. Councilmember Smith stated that the Association of Monterey Bay Area Governments (AMBAG) heard an appeal on RHNA numbers and stated that the agency's financial reserves are strong. He encouraged the public to review videos of past Council meetings if they are curious about what was said. Mayor Roberson reported on the Monterey Peninsula Water Management District and said that the board recently voted to consider Community Hospital of the Monterey Peninsula (CHOMP) and Montage as one entity for purposes of water allocation, which he said made a new medical center possible. He stated that the board looked at a budget item to update the appraisals on the California American Water property, and that until it's proved unfeasible or the voters instruct the District to stop, the District has to follow the mandate of Measure J. CITY MANAGER REPORTS City Manager Uslar stated that the third public meeting on the wireless ordinance would be held on September 13, 2022 before the Planning Commission. He stated that all firefighters were now home from wildfires except for one paramedic captain who just left for Northern California. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from the following individuals on the General Employees of Monterey (GEM) labor negotations item, asking for the Council to consider increasing its offer to GEM in negotiations: Ryan Heron, LIUNA Local 792 and General Employees of Monterey (GEM), who read aloud a letter submitted to the City Council earlier in the day and spoke hopefully about the mediation process; Laura Pratt, GEM member, who expressed that staffing levels and pay are unsustainable; Michael Banon, GEM member, who 4 City Council Minutes August 16, 2022 highlighted his personal financial struggles; Shay Balesteri, GEM Chairman, who expressed concern about the actions of the City's labor negotiators; and Undine Lauer, GEM member, who read aloud from a letter submitted to the City Council earlier in the day and said that her story was not unique. Pat Venza stated that residents see GEM employees doing important work throughout the City and that these employees should not be treated with less importance than higher-paid employees. The Council adjourned to closed session at 5:17 p.m. ADJOURNMENT The Council adjourned at 7:30 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 5