Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 20, 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 for evening session ** Attended remotely by teleconference for afternoon and evening sessions City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Library & Museums Director, Traffic Engineer, City Clerk, Assistant Director of Information Resources, Environmental Regulations Manager, Acting City 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. 22-114 C.S. ***Afternoon Session Agenda *** 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. She called the roll with the full Council in attendance as highlighted above. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot. CONSENT ITEMS On question, Interim Public Works Director Renny verbally provided Council with a short explanation relating to the background of Item 4. On question, City Manager Uslar provided context relating to Item 6 and committed to providing updates on affordable housing predevelopment. On a motion by Councilmember Haffa, 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)  City Council Minutes September 20, 2022 ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 1. September 6, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved Resolutions 2. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Flooring Replacement Projects Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) Action: Adopted Resolution No. 22-122 C.S. 3. Accept and Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Army Boiler Replacement Project Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 22-123 C.S. 4. Authorize the City Manager to enter into the Pedestrian and Bicycle Wayfinding Program Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-124 C.S. 5. Authorize an Appropriation of Sewer Line Maintenance Funds in the Amount of $75,000 and Award a Contract in the Amount of $84,316.20 to Duke's Root Control, Inc. for Annual Sewer Root Foaming 2022 (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 22-125 C.S. 6. Authorize the Use of Permanent Local Housing Allocation Funds for Predevelopment Costs Related to Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street (Exempt from CEQA per Article19, Section 15306, Class 6) Action: Adopted Resolution No. 22-126 C.S. 7. Review and Amend the Monterey Conflict of Interest Code to Update the List of Positions Required to File Statements of Economic Interest (FPPC Form 700) (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-127 C.S. 8. Authorize Agreement with Presidio Networked Solutions Group, LLC for Purchase of Network Hardware, Software, Professional Services, and Multiyear Support (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-128 C.S. 2  City Council Minutes September 20, 2022 Other 9. Receive Mayor’s Recommendation and Appoint Janie Barnard Silveria to the Board of Library Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Janie Barnard Silveria to the Board of Library Trustees for a term ending June 30, 2026 *** End of Consent Agenda *** PUBLIC HEARING 10. Adopt the Program Year 2021 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs; and, Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 22-129 C.S. Housing Analyst Leonard gave the staff presentation. Public comment was received from Tammy Jennings, who asked for clarification about additional CARES funds. On question, Housing Analyst Leonard stated that the $105,000 in additional funds came from the CARES Act as a reallocation of funding from cities that were not able to spend their initial allocations. 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. 22-129 C.S.: 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 11. Comprehensive FY2022-23 Budget Amendments, Amend Resolution 21-106 to Update the Salary Schedule for Employees in the Information Technology Department, and other Capital Improvement Project (CIP) Appropriations (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-130 C.S. Finance Director King gave the staff presentation and answered Councilmembers' questions. Public comment was not received. It was stated by the Council that being cautious with the reserve helps fulfill promises to the community, and that Council can revisit the subject at mid-year. The hope was expressed that City revenues will normalize in order to bring back programs. 3  City Council Minutes September 20, 2022 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 adopted Resolution No. 22- 130 C.S.: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Amend Resolution No. 18-179 to Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Continued to October 4, 2022 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 October 4, 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) *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:34 p.m. RECESS RECONVENE The Council reconvened at 7:02 p.m. with the full Council in attendance as highlighted above. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Luis Osorio, Curt Tipton, Esther Malkin, Nina Beety, Tom Rowley, and Libby Downey. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) Action: No reportable action taken 4  City Council Minutes September 20, 2022 PUBLIC APPEARANCE (EVE) 13. Adopt the Fiscal Year 2022/23 Neighborhood and Community Improvement Program ***NCIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-131 C.S. as amended to reflect approval of project MV-17 (4-0-1 vote, Councilmember Haffa recused), a 10% contingency (unanimous vote), and approval of project VDM-8 subject to agreement with CalTrans, and with the art and art installation components of VDM-8 removed for this project year, to come back for consideration in a future NCIP year allocation and deliberation by NCIP (unanimous vote) Acting City Engineer Harty gave the staff presentation and answered Councilmembers' questions. Rick Heuer, Neighborhood and Community Improvement Program (NCIP) Committee Spokesperson, spoke about the contingency needed for the projects that can realistically be built this year and stated that each project already includes a built-in contingency of 10%. Public comment was received from: April Harrison, who said that there would be a discussion with the school district regarding the Larkin Park swings installation project; Kala Fossum, who spoke in favor of the Casa Verde/Highway 1 Hardscape Murals project and said that if needed, the art portions of the proposal could be deferred; John Sovereign, who compared the focus on NCIP with that on the Capital Improvement Program (CIP) and spoke in favor of supporting the NCIP Committee's recommendation on contingency; Tom Rowley, who said that radar speed signs are needed for safety and agreed with the 10% contingency recommendation; Esther Malkin, who praised the NCIP Committee for their hard work and support of safety initiatives; Tammy Jennings, who spoke about her beach mats proposal and questioned the quoted annual maintenance cost; and Curt Tipton, who thanked Rick Heuer and Acting City Engineer Harty for their efficient leadership of the NCIP Committee process this year. On question from the public, it was stated by Council that more attention is paid to the NCIP because it involves individual projects which require scrutiny, and that the approval of CIP expenditures is at this time a budget allocation, not a project approval. City Attorney Davi explained that there were no 500 ft. radius conflict of interest issues except for project MV-17 (Soledad Drive Traffic Calming, Radar Speed Signs), which she said was a conflict for Councilmember Haffa and that he would therefore not participate in voting on that project. She said that there were a few projects within a 1,000 sq. ft. radius of Councilmembers' properties, and stated that identified Councilmembers would self-determine whether the projects would affect matters such as development potential, income producing potential, highest and best use, traffic levels, and intensity of use. She listed these 1,000 sq. ft. radius projects as: OT-2 (Larkin Park Swings Installation) for Councilmember Williamson's consideration, and MV-16 (Via Paraiso Park Expression Swings) and MV-21 (Via Paraiso Tennis Court Striping) for Councilmember Albert's consideration. Councilmember Haffa stated that he would not vote on project MV-17 due to the conflict of interest. Regarding project VDM-8 (Casa Verde/Hwy 1 Hardscape Murals), the Council stated that more analysis was needed, including a commitment from or agreement with CalTrans, before Council would consider the item. It was suggested to explore alternatives to ceramic tiles, and to pursue grant funding. It was stated that accepting Ms. Fossum's offer to postpone the artwork to a future program year would reduce the cost in this program year. It was proposed that the Council could allocate the funding for the project and see what agreement can be made with CalTrans. 5 City Council Minutes September 20, 2022 Regarding contingency, support was expressed for 10% contingency due to the explanation received from Mr. Heuer that each project already includes a project-specific 10% contingency. It was stated by Council that 20% contingency may be overly cautious but 10% may be too low, and 15% was discussed as a compromise. Regarding the Old Capitol Site, it was stressed that fuel cleanup and removal of debris are important. 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 MV-17: AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Haffa A motion was introduced by Councilmember Williamson, and seconded by Councilmember Smith, to approve a 15% contingency. A friendly amendment from Councilmember Smith was proposed, to direct staff to bring the VDM-8 project back to City Council with additional information on CalTrans’ participation. The 15% contingency motion did not pass due to the success of the substitute motion. A substitute motion was made by Councilmember Williamson, and seconded by Councilmember Haffa, to approve a 10% contingency. Councilmember Albert stated that he did not find project MV-21 to pose any conflicts as previously described by City Attorney Davi. The substitute motion passed 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) On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the following roll-call vote, the City Council approved the funding of the NCIP projects with 10% contingency and approved project VDM-8 subject to agreement with CalTrans, and with the art and art installation components of VDM-8 removed for this project year, to come back for consideration in a future NCIP year allocation and deliberation by NCIP: 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 9:32 p.m. and reconvened at 9:40 p.m. 6  City Council Minutes September 20, 2022 14. Adopt a Resolution Supporting the Principles of “Mutually Monterey: A Unified Governance Framework” (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-132 C.S. as amended to remove the word "stakeholders" Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. The Council agreed on consensus that "all stakeholders" should be changed to "all." Public comment was received from Tom Rowley, who suggested that the matter be delayed until after the new Council is sworn in, and Esther Malkin, who spoke about the need for candidates who can represent renters. It was stated by Council that the new Council can bring this issue back and customize it in the future if desired. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution 22-132 C.S. as amended to remove the word "stakeholders": 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 Williamson highlighted National Voter Registration Day and urged people to register to vote. Councilmember Haffa said that he has observed a lot of fuel reduction at the Old Capitol Site and is glad to see it is being made safer. Councilmember Albert made no comment. Councilmember Smith said that Wharf merchants are very concerned that the Coastal Commission has deemed that COVID-19 is no longer a threat and outdoor seating at the Wharf is no longer needed, and that outside permits for seating and chairs will be required. Mayor Roberson reported on recent activities and decisions of the Monterey Peninsula Regional Water District. CITY MANAGER REPORTS City Manager Uslar added information about the National Voter Registration Day, sharing that 16 and 17 year olds can pre-register to vote. He announced the upcoming California Constitution Reenactment event in Colton Hall on October 16, 2022. He notified all of the upcoming Monterey Sports Center survey deadline. ADJOURNMENT 7 City Council Minutes September 20, 2022 The Council adjourned at 10:14 pm Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8