Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 6, 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, Community Present: Development Director, Parks and Recreation Director, Finance Director, City Clerk, Property Manager, Library & Museums Director, Interim Public Works Director, Human Resources Director, Senior Engineer, Senior Accountant, Assistant Police Chief ***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. 22-108 C.S. CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. City Clerk Klein called the roll, with the full Council present as highlighted above. PUBLIC COMMENTS Public comment on non-agendized matters was received from Michael Johnson and Beth Fabinsky. Numerous speakers at this time spoke about an agendized closed session item (see closed session public comments below). CONSENT ITEMS Item 9 was removed from Consent at the request of the public. The Council noted a number of details about Item 10 including praising excellent work by Public Works staff and the patience of City residents who voted yes on Measure S. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS except Item 9: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes September 6, 2022 Approval of Minutes 1. August 16, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved 2. August 24, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved Award of Construction Contracts 3. Award a Construction Contract in the Amount of $1,528,124.01 to Wesco/Anixter for the POM Multiple Locations Replace Kaba Locks Project (POM 21-013) ***PMSA*** (Categorically Excluded from NEPA 32 CFR Part 651; Not a Project under CEQA per Pub. Resource Code, § 21080) Action: Adopted Resolution No. 2-113 C.S. Ordinances 4. 2nd Reading of an Ordinance to Rezone 136 Herrmann Drive from R-1-10 to R-1-10-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3655 C.S. Resolutions 5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period September 17, 2022 through October 6, 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. 22-114 C.S. 6. Authorize the Purchase of a Beach Tractor from RDO Equipment Co. in the Amount of $109,966.49 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-115 C.S. 7. Authorize the City Manager to Enter into a Memorandum of Understanding between the Office of the District Attorney and the City of Monterey Regarding Law Enforcement Reimbursement for Hours Worked Under the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance 2021 Prosecuting Cold Cases Using DNA Grant (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-116 C.S. 8. Authorize the City Manager and Chief of Police to enter into a Federal Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-117 C.S. 2  City Council Minutes September 6, 2022 9. Resolution Authorizing the City Manager to Enter Into a Memorandum of Understanding with Monterey County and the Cities of Carmel, Del Rey Oaks, Gonzales, Greenfield, King City, Pacific Grove, Sand City, Seaside, Soledad, Marina, and Salinas to Provide Local Law Enforcement Agency Access to the California Automated Fingerprint Identification System (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Removed from Consent; Adopted Resolution No. 22-118 C.S. A brief verbal presentation was given by City Manager Uslar. Public comment was received from Eloise Shim, who expressed multiple concerns about fingerprinting, relating to data security, errors, cost, and invasiveness. The Council shared comments about the safety and effectiveness of the current LiveScan process. On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 118 C.S. to enter into the MOU: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 10. Authorize Amendment to the Construction Contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, to Increase the Contract Amount from $1,055,103.50 to $1,125,103.50 ***Measure S*** (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 22-119 C.S. 11. Authorize Professional Services Agreement for On-Call Realtor Services for Affordable Housing to Sotheby’s International Realty, Inc. (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-120 C.S. *** End of Consent Agenda *** PUBLIC HEARING 12. Recommend that the City Council Adopt a Substantial Amendment to the 2019/2020 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: Adopted Resolution No. 22-121 C.S. Housing Analyst Leonard gave the staff presentation and answered Councilmembers' questions. Public comment was received from Esther Malkin, who urged the Council to use funds for a renter protection program. 3 City Council Minutes September 6, 2022 A motion was introduced by Councilmember Albert, and seconded by Councilmember Haffa, Adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development. It was stated by the Council that creating a sustainable rental assistance program would be preferable to using one-time monies, and that revenues from a potential future cannabis retail could support such a program. It was stated that the CDBG public service subrecipients serve people in great need and the City usually cannot give as much as the programs request, and this was an opportunity to provide more funding for the programs. 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 reported on a recent MST town hall in Marina on the subject of the SURF! bus lane planned to alleviate congestion on Highway 1. Councilmember Haffa stressed to the public that bicyclists have the right to be on the road, and urged everyone to drive safely and respectfully of others and respect the space of people on bicycles. He shared issues that he has experienced as a cyclist dealing with bulbouts in the road. Councilmember Williamson wished a happy belated Labor Day to everyone and stressed that it is important to recognize the work being done by people in the workforce. He made appreciative comments about the City staff and about the labor movement. Councilmember Smith recognized the September 2 anniversary of the end of World War II, thanking veterans and stating, "never again." He thanked the community partners involved in the recent addiction and overdose awareness event on the Colton Hall lawn and spoke about the dangers of fentanyl and opiates and the importance of education on these subjects. CITY MANAGER REPORTS City Manager Uslar announced that the City's Park(ing) Day event would be held on September 16 on Alvarado Street, and shared that updated bivalent COVID-19 boosters were now available in local pharmacies. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from: Jacqueline C. Simon, Wendy Brickman, Chris Shake, and Tom Rowley, who all spoke in support of adding a supercharger station but expressed concern about the proposed location in the Waterfront Parking Lot; Joanne Crist, who proposed considering other electric vehicle charging companies and asserted that CCS compatibility must be demanded of Tesla; Bruce Crist, who expressed a concern about favoritism and lack of due diligence in considering the proposal and questioned the agenda item being scheduled for a closed session; Beth Fabinsky, Citizen's Climate Lobby, 4 City Council Minutes September 6, 2022 who spoke in support of the charging station and also asked that DC Fast chargers be installed in the immediate future; and Esther Malkin, who encouraged the Council to work with a less elitist and more accessible charging option. The Council adjourned to closed session at 5:13 p.m. ANNOUNCEMENT FROM CLOSED SESSION cs1. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 - Unrepresented Employee (City Attorney); Agency Negotiator: Che Johnson, Esq. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote the Council gave confidential direction to its labor negotiator cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal, Gina Russo, Che Johnson; General Employees of Monterey (GEM), Monterey Fire Chief Officers' Association (MFCOA), and Monterey Fire Fighters' Association (MFFA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council approved the General Employees of Monterey (GEM) tentative agreement; the agreement includes a two year term with 4% increase on pay period following adoption, and 4% on July 1, 2023; a $500 lump sum on pay period following adoption, and a $500 lump sum on July 1, 2023, and the City will provide 60 days advance notice prior to contracting out new work. On a unanimous roll call vote, the Council gave confidential direction to its labor negotiator regarding the Monterey Fire Chief Officers' Association (MFCOA). On the matter of the Monterey Fire Fighters' Association (MFFA) no reportable action was taken. cs3. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): WARREN, RICHARD vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel cs4. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): ERLICH, DAVID vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel cs5. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV001743; Sixth District Court of Appeals Case No. H049770) 2. Alexander Dubelman v. City of Monterey, Amma Farms et al (Monterey County Superior Court Case No. 22 CV001080) 3. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 4. Ryan Pace v. City of Monterey, et al (Monterey County Superior Court Case No. 21 CV003538) 5. Pacific Western Bank v. City and SEI (San Bernadino Superior Court Case No. 2212212) 5 City Council Minutes September 6, 2022 6. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157) 7. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427) 8. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243) 9. Kathleen Sullivan v. Hinshaw et al. (Monterey County Superior Court Case No. 22CV000557) 10. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC) B. Conference with Legal Counsel, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Yessenia Reveles, Mason Reyes, and Remi Reyes Claims received on August 3, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs6. Closed Session 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: On a roll call vote of 3-2, with Councilmembers Albert and Smith voting no, the Council gave confidential direction to its property negotiators ADJOURNMENT The Council adjourned at 9:16 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 6