Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 18, 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 the evening session City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Traffic Engineer, Finance Director, Fire Chief, City Clerk, Property Manager, Library & Museums Director, Associate Planner, Senior Accountant, Human Resources Director, 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. 22-134 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:06 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 in the Council chamber. PUBLIC COMMENTS Public comment on non-agendized matters was received from Carl Outzen, Nancy Selfridge, Steve Lightfoot, and Dario Salgado. CONSENT ITEMS Public comment on the Consent Items was not received. On a motion by Councilmember Smith, seconded by Mayor Roberson, 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)  City Council Minutes October 18, 2022 Approval of Minutes 1. October 4, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Resolutions 2. Amending and Restating Resolution 21-107 to Extend the Pre-Commitment of .086 Acre Feet of Water to 704 Foam Street to January 17, 2024 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-138 C.S. 3. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Repair Bathroom in Building 629, Wing A 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. 22-139 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 4. Approve a Letter Requesting the California Coastal Commission Extend the Deadline for Fisherman’s Wharf Outdoor Seating Until December 31, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved letter City Manager Uslar gave a brief verbal presentation. Public comment was received from Wendy Brickman, Fisherman's Wharf Association, who spoke in support of the letter, citing the importance of outdoor dining in local businesses' survival through the challenges imposed by the continuing pandemic, and John Sovereign, who proposed that the City could do more together with the Coastal Commission with local permits. The Council commented favorably on outdoor seating at the Wharf and how it has increased public access. 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 Letter Requesting the California Coastal Commission Extend the Deadline for Fisherman’s Wharf Outdoor Seating Until December 31, 2023: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 2  City Council Minutes October 18, 2022 5. Accessory Dwelling Unit Update (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update Community Development Director Cole gave the staff presentation and answered Councilmembers' questions together with City Attorney Davi. Public comment was received from Nelson Vega and Rich Aiello, who both spoke against City- imposed deed restrictions for accessory dwelling units (ADUs). The Council discussed the issue of deed restrictions, and it was stated that some of the language is ambiguous and can use some tweaking as revisions to the City Code on ADUs follow the public hearing process that will go first through the Planning Commission. Comments were made in favor of deed restrictions for the reasons stated by the City Attorney that they allow for enforcement. It was stated that the City should continue to look at: incentives relating to housing affordability, developers’ hesitancy to develop ADUs due to parking restrictions, and loosening floor-area ratios (FARs). RECESS The Council recessed at 5:24 p.m. RECONVENE The Council reconvened at 7:06 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Esther Malkin, Lorna Moffat, and Nina Beety. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson noted that the closed session was not held in the afternoon. PUBLIC APPEARANCE (EVE) 6. Receive an Update on Unfunded Liability/Pension Obligation Strategies and Approve a Pension/OPEB Liability Reserve Policy (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-140 C.S. Finance Director King gave the staff presentation and answered Councilmembers' questions. Public comment was not received. 3  City Council Minutes October 18, 2022 The Council discussed the matter. It was suggested that a strategy to address the pension liability should include some concession toward paying CalPERS directly instead of focusing it all on the pension trust. Positive remarks were made about the ability to have control and make short-term decisions in response to fluctuating markets and PERS challenges. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to approve the staff-recommended policy: The Council discussed the policy language with City Attorney Davi and Finance Director King. The concern was expressed that the policy may not give the flexibility to Council to make direct payments toward the pension liability. It was noted that the Council can change its policy in the future. On question, Finance Director King reiterated that when the results of the request for proposal (RFP) come to the Council, Council will have the opportunity to direct where the funds are allocated. She agreed that the discount rate can work against the City and stated that in that respect the flexibility associated with PARS would be beneficial. Councilmember Williamson suggested a friendly amendment to the motion, to change the policy wording "will be invested" to "may be invested" [the City's designated pre-funding investment vehicle]. In discussing the friendly amendment, it was stated by Council that "may" would make the policy weaker. The amendment was not adopted by the mover and seconder. Mayor Roberson briefly withdrew the motion, instead directing staff to bring it back to Council with refined wording. City Manager Uslar discussed the policy, speaking in favor of the "will" terminology and stating that Council can direct more funds to CalPERS anytime they wish. He spoke in defense of the policy as written. Mayor Roberson placed his motion back on the table and Councilmember Albert re-seconded the motion. 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) The Council recessed at 8:23 p.m. and reconvened at 8:36 p.m. 7. Authorize the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus, Inc. for One (1) Pierce 107’ Enforcer Ascendant Tiller (Tractor Drawn Aerial Truck) at a Cost Not to Exceed $1,720,000 and Utilize Financing via the Bank of America Public Capital Corporation Master Equipment Lease Agreement for this Purchase (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-141 C.S. Fire Chief Panholzer gave the staff presentation and answered Councilmembers' questions. It was pondered how to reconcile long-term equipment costs with the City's contracting agencies. It was proposed to hold a joint meeting of all agencies involved in fire services regarding long- term needs. 4 City Council Minutes October 18, 2022 Public comment was received from John Sovereign, who joked that he would like to buy a used fire truck. On a motion by Councilmember Albert, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22-141 C.S. to Authorize the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus, Inc. for One (1) Pierce 107’ Enforcer Ascendant Tiller (Tractor Drawn Aerial Truck) at a Cost Not to Exceed $1,720,000 and Utilize Financing via the Bank of America Public Capital Corporation Master Equipment Lease Agreement for this Purchase: 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 shared that Monterey-Salinas Transit just celebrated 50 years in service. He said that he attended a Chinese cultural festival, a Robinson Jeffers plaque celebration, and the recent Fisherman's Wharf birthday event. Mayor Roberson reported from the recent Monterey Peninsula Water Management District (MPWMD) meeting. He said that he suggested to the City Selection Committee to rotate the Mayoral seat on MPWMD. He conveyed congratulations to the City of Monterey for its Olivier Street stormwater diversion project, wherein he said the City would collect stormwater and divert it to the sewer system and the Pure Water Monterey project to become potable water. He said that the MPWMD had submitted a request to State Senator John Laird to add an additional injection well into the Seaside Basin for drought relief, and the Governor approved it in the State budget. He said that the MPWMD Board had reemphasized its legal ability to require a permit from California-American Water to use desalinated water in the water distribution system. CITY MANAGER REPORTS City Manager Uslar said that a drought had not officially begun. He informed Council and the public that the matter of water and climate action will come to Council at the October 26, 2022 study session, including an investment discussion. He said that Governor Newsom had declared that emergency measures relating to COVID-19 will end February 28, 2023. He said that the County of Monterey had stated they will be in compliance with this termination date, and that various response efforts that the Council has implemented for the pandemic emergency will need to be demobilized. He said that new playground equipment is going into Laguna Grande Park thanks to Neighborhood and Community Improvement Program (NCIP) funding. He announced an upcoming "trunk or treat" event at City Hall to celebrate Halloween. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 9:25 p.m. 5 City Council Minutes October 18, 2022 ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel – Deciding Whether to Initiate Litigation – Government Code Section 54956.9(d)(4) (One Case) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote (4-0-1, Mayor Roberson absent), the Council gave confidential direction to its legal counsel cs2. Closed Session 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: On a roll call vote of 4-1 (Councilmember Haffa voting no), the Council gave confidential direction to its real property negotiators cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 720 Cannery Row (Bubba Gump's) 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) Action: On a roll call vote of 4-1 (Councilmember Haffa voting no), the Council gave confidential direction to its real property negotiators cs4. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): RYAN, THOMAS 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 ADJOURNMENT The Council adjourned at 10:30 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 6