Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 20, 2022 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia, Haffa**, Smith, Williamson* Absent: None * Attended remotely by teleconference in the afternoon and evening ** Attended remotely by teleconference in the evening only City Staff Assistant City Manager, City Attorney, Community Development Director, Present: Police Chief, Parks and Recreation Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk, Property Manager, Recreation Supervisor, Interim Recreation and Community Services Manager, Senior Accountant, Senior Engineer, Engineering Assistant, Conference Center General Manager, Operations Supervisor (MSC), Police Lieutenant, Executive Assistant (Public Works), Code Compliance Coordinator 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. 22-151 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the full Council in attendance as highlighted above, and explained to the public how to participate in the meeting virtually and the safety rules for in- person attendance. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements in 4th Quarter 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized City staff members for milestone anniversaries and retirements Parks and Recreation Director Larson, Public Works Director Renny, Police Chief Hober, Community Development Director Cole, and Assistant City Manager Rojanasathira made brief verbal presentations celebrating milestone anniversaries achieved by Recreation Supervisor Nathan Cota, Streets and Utilities Manager Jeff Glass, and Officer Chad Ventimiglia, and upcoming retirements of Senior Building Inspector Paul Abadilla and Monterey Conference Center General Manager Doug Phillips. Mr. Phillips made brief remarks thanking the City and Council. Public comment was received from Esther Malkin, who made remarks praising Jeff Glass and Chad Ventimiglia.  City Council Minutes December 20, 2022 PUBLIC COMMENTS Public comment on non-agendized matters was received from Don Williams. CONSENT ITEMS Mayor Williamson stated that Items 10, 11, and 12 were being pulled from Consent, and that Item 3 had an administrative error to correct. Councilmember Garcia stated that he would abstain from voting on Items 2 and 3 as he was not a member of the City Council at those meetings. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS, minus Items 10, 11, and 12, correcting the typo in Item 3, and with Councilmember Garcia abstaining on Items 2 and 3: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. December 6, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) / Aprobación de Actas - 6 de diciembre de 2022 Reunión del Consejo Municipal de Monterey (no se trata de un proyecto sujeto a la CEQA según el artículo 20, sección 15378 y según la regla general, artículo 5, sección 15061) Action: Approved (4-0-1, Councilmember Garcia abstaining) 3. December 12, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) / Aprobación de Actas - 12 de diciembre de 2022 Reunión del Consejo Municipal de Monterey (no se trata de un proyecto sujeto a la CEQA según el artículo 20, sección 15378 y según la regla general, artículo 5, sección 15061) Action: Approved as amended (4-0-1, Councilmember Garcia abstaining) Resolutions 4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period January 6, 2023 through January 19, 2023 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. 22-159 C.S. 5. Amend Resolution 22-020 to Approve an Amendment to the Construction Contract with Precision Grade, Inc. for the Citywide Road Rehabilitation Project, Phase 3, by Increasing the Contract Amount from $1,125,103.50 to $1,150,103.50 ***Measure S*** (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 22-160 C.S. 6. Approve Removal of the South Crosswalk on Lighthouse Avenue at Prescott Avenue (Exempt from CEQA, Article 19, Section 15301, Class 1) 2  City Council Minutes December 20, 2022 Action: Adopted Resolution No. 22-161 C.S. 7. Approve the Annual Report for the Monterey County Tourism Improvement District (MCTID) under the Property and Business Improvement District law of 1994 as Prepared by the Monterey County Convention and Visitors Bureau Committee for Fiscal Year 2022-23 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-162 C.S. 8. Authorize an Agreement with Amilia Technologies USA, Inc. for the Purchase of Cloud Hosted Recreation Software and Professional Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-163 C.S. 9. Approve the FY 2022/23 Salary Schedule for Temporary / Seasonal Part-Time Classifications (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-164 C.S. 10. Authorizing the City Manager to Execute a Side Letter Agreement to the Memorandum of Understanding with Police Lieutenants’ Management Association for a 2% Increase to Base Salaries Effective November 16, 2022. (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 22-165 C.S. as amended to make the 2% base salary increase effective the first full pay period following Council approval Human Resources Director Neal presented to Council recommended changes to the proposed resolution and exhibit in order to make the 2% base salary increase effective the first full pay period following Council approval. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 22-165 C.S. as amended to make the 2% base salary increase effective the first full pay period following Council approval: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Authorize the Appropriation of Funds in the Amount of $18,600 to Supplement the Budget for the Laguna Grande Regional Park Trail Maintenance Strategy and Environmental Review from the Planning Office Professional Services Budget and Amend the Contract and Issue Payment to BFS Upon Completion of the Work (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 22-166 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. 3  City Council Minutes December 20, 2022 Public comment was received from Esther Malkin, who encouraged the City to revisit the boundary lines to make jurisdiction issues easier in emergencies. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to adopt Resolution No. 22-166 C.S. to Authorize Appropriation of Funds in the Amount of $18,600 to Supplement the Budget for the Laguna Grande Regional Park Trail Maintenance Strategy and Environmental Review from the Planning Office Professional Services Budget and Amend the Contract and Issue Payment to BFS Upon Completion of the Work. The Council briefly discussed the park, and expressed appreciation that the City is continuing to work as lead agency to pursue improvements. The motion carried by the following roll-call vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Authorize the City Manager to Execute a Loan with MidPen Housing, Sign Deed Documents to Secure the Loan and Guarantee a Loan Obligation ($56,754) for an Affordable Housing Project at 587 and 593 Van Buren Street and 424 and 450 Madison Street (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Pulled from Consent; Adopted Resolution No. 22-167 C.S. Community Development Director Cole gave a brief presentation and answered Councilmembers' questions. Vanessa Diffenbaugh, MidPen Housing, addressed the Council in support of the matter. On question from the Council, City Attorney Davi said that the loan has 3% simple interest due at construction closing, and no prepayment penalty. The Council was reminded by staff that in the past, the Council was prepared to give the money to MidPen as a grant, and that a loan was only proposed because of a requirement. Public comment was received from Esther Malkin, who asked about the timeline and scope of the wait list that would be opened for this project and suggested casting a wider net for developers who might let the City give priority to Monterey residents and workers. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to adopt Resolution No. 22-167 C.S. to Authorize the City Manager to Execute a Loan with MidPen Housing, Sign Deed Documents to Secure the Loan and Guarantee a Loan Obligation ($56,754) for an Affordable Housing Project at 587 and 593 Van Buren Street and 424 and 450 Madison Street. The Council asked staff to bring the matter back to the Council for a report once the financing is in place. Remarks were made looking forward to receiving financial statements and snapshots in the future. The motion carried by the following roll-call vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) 4  City Council Minutes December 20, 2022 RECUSED: 0 COUNCILMEMBERS: (None) Other 13. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 285 Figueroa Street (Monterey Beach Station); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC); Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Kimberly Cole and Janna Aldrete as agency's real property negotiators *** End of Consent Agenda *** On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council continued Items 14 and 15 to the evening session: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:29 p.m. RECONVENE The Council reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Vice Mayor Smith led the Pledge. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. CONTINUED PUBLIC COMMENTS Continued public comment on non-agendized matters was not received. PUBLIC APPEARANCE 16. Adopt a Resolution Declaring the City of Monterey’s Intention to Renew the Monterey County Tourism Improvement District (MCTID), to Levy an Assessment on Lodging Businesses Within Such District; and Fixing the Time and Place of a Public Hearing Thereon and Giving Notice Thereof; and Adopt a Resolution Requesting Consent of the County of Monterey and cities of Carmel-by-the-Sea, Del Rey Oaks, Gonzales, Greenfield, King City, Marina, Pacific Grove, Salinas, Sand City, Seaside, and Soledad to Renew the Monterey County Tourism Improvement District (MCTID); and Adopt a Resolution Adopting Procedural Guidelines for the Formation of Property and Business Improvement Districts Under the Property and Business 5  City Council Minutes December 20, 2022 Improvement District Law of 1994 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 22-168, 22-169, and 22-170 C.S. The Council heard this item first in the evening. Assistant City Manager Rojanasathira gave the staff presentation. Public comment was received from: John Turner, Paul Martin, and Rob O'Keefe, all of the Monterey County Conventions and Visitors Bureau (MCCVB), and Janine Chicourrat, of the Portola Hotel & Spa, who all urged the Council to renew the MCTID; and Tammy Jennings, who asked how the MCTID would be funded. On question, Assistant City Manager Rojanasathira explained that the MCTID is funded directly by payments made by hotel guests. The Council discussed the matter. It was stated that marketing makes a big impact and that encouraging visitors to stay one more night will increase revenue and services for the City. Support was expressed for renewing the MCTID under the proposed terms, and the fact that the hospitality partners were in favor of the proposal was cited as a reason. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council adopted Resolution Nos. 22-168, 22-169, and 22-170 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 15. Measure P and S (Special Sales Tax) Annual Report on Conformity with Requirement that Expenditures be used Exclusively for the Rehabilitation, Repair, and Improvement of City Streets, Sidewalks, and Strom Drains and Disabled Access Improvements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received and accepted report Assistant City Manager Rojanasathira briefly provided the Council and public with background information on the history of the Measures P and S special sales tax. Assistant Finance Director Sandoval gave the staff presentation, and together with City Engineer Harty answered Councilmembers' questions. Public comment was received from Carol Chorbajian, Measure P & S Oversight Committee Chair, who provided an update to the Council about the use of slurry seal that is applied to City street segments, and spoke about the importance of tourism dollars. The Council discussed the matter and thanked City staff and partners. It was highlighted how much more additional revenue Measures P and S have brought to the City than had been expected when the measures were first considered. It was stated that bicycle and pedestrian safety should also be an important priority for the City. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council accepted the report: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 6  City Council Minutes December 20, 2022 ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Appoint 2023 Representatives to Outside Agencies and City Committees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed Councilmember Barber as representative to Cannery Row Business Improvement District, New Monterey Business Association, ReGen Monterey, and Seaside Groundwater Basin Watermaster and alternate to Community Human Services and Transportation Agency for Monterey County; Appointed Councilmember Garcia as representative to Laguna Grande Regional Park Joint Powers Agency, Monterey Peninsula Chamber of Commerce Council of Monterey Business Associations, and North Fremont Business District; Appointed Councilmember Haffa as representative to Association of Monterey Bay Area Governments, Community Human Services, Monterey County Regional Taxi Authority, and Monterey Conference Center Advisory Board, and alternate to Central Coast Community Energy, Monterey One Water, and Monterey- Salinas Transit; Appointed Councilmember Smith as representative to Monterey-Salinas Transit, Old Monterey Business Association, and Transportation Agency for Monterey County; Appointed Mayor Williamson as representative to the Monterey County Fair Fairgrounds Subcommittee, Monterey One Water, Monterey Peninsula Water Management District Policy Advisory Committee, Subcommittee on Commission Appointments (in line with Council policy), and Neighborhood and Community Improvement Program Committee, and alternate to Laguna Grande Regional Park Joint Powers Agency, New Monterey Business Association, North Fremont Business District, Seaside Groundwater Basin Watermaster, and Monterey Conference Center Advisory Board; and appointed Diane deLorimier as representative for the last year of the current four-year Monterey County Mosquito Abatement District term City Clerk Klein presented the worksheet of needed appointments to the Council. The Council discussed the various outside agencies and committees needing City of Monterey representation. It was stated by Council that there was an interest in revisiting the Boards and Commissions appointments process in the near future. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council appointed Councilmember Barber as representative to Cannery Row Business Improvement District, New Monterey Business Association, ReGen Monterey, and Seaside Groundwater Basin Watermaster and alternate to Community Human Services and Transportation Agency for Monterey County; Appointed Councilmember Garcia as representative to Laguna Grande Regional Park Joint Powers Agency, Monterey Peninsula Chamber of Commerce Council of Monterey Business Associations, and North Fremont Business District; Appointed Councilmember Haffa as representative to Association of Monterey Bay Area Governments, Community Human Services, Monterey County Regional Taxi Authority, and Monterey Conference Center Advisory Board, and alternate to Central Coast Community Energy, Monterey One Water, and Monterey-Salinas Transit; Appointed Councilmember Smith as representative to Monterey-Salinas Transit, Old Monterey Business Association, and Transportation Agency for Monterey County; Appointed Mayor Williamson as representative to the Monterey County Fair Fairgrounds Subcommittee, Monterey One Water, Monterey Peninsula Water Management District Policy Advisory Committee, Subcommittee on Commission Appointments (in line with Council policy), and Neighborhood and Community Improvement Program Committee, and alternate to Laguna Grande Regional Park Joint Powers Agency, New Monterey Business Association, North Fremont Business District, Seaside 7 City Council Minutes December 20, 2022 Groundwater Basin Watermaster, and Monterey Conference Center Advisory Board; and appointed Diane deLorimier as representative for the last year of the current four-year Monterey County Mosquito Abatement District term: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Multiple members of the Council wished everyone happy holidays and urged all to stay safe and healthy. Councilmember Garcia thanked his supporters and expressed his gratitude for his appointment to the Council. Councilmember Smith welcomed Councilmembers Barber and Garcia to the City Council. Mayor Williamson expressed excitement about the working together with the new Council and spoke about First Night Monterey as an opportunity to come together and celebrate. CITY MANAGER REPORTS Assistant City Manager Rojanasathira shared that the Christmas in the Adobes event was successful. He shared information about an upcoming holiday drive-through meal in collaboration with the Food Bank of Monterey County at El Estero Park Center. He said that the Monterey Public Library hosts a food drive and waives late fines in exchange for food donations. He said that the first January Council meeting would be canceled. He expressed gratitude to the City Council and said that staff looks forward to working together with Council in 2023. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed esession at 8:43 p.m. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 30 Fisherman's Wharf Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement Action: No reportable action taken cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 8 City Council Minutes December 20, 2022 Property: 285 Figueroa Street (Monterey Beach Station) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC) Under Negotiation: Price and Terms of Payment for Lease Amendment Action: On a "no" vote of 2-3 (Councilmember Barber, Councilmember Haffa, and Mayor Williamson voting no) the Council gave confidential direction to its real property negotiators cs3. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 2. Clara Gilliland v. City of Monterey (Monterey County Superior Court Case No. 22CV003170) 3. Francisca Moralez v. City of Monterey et al. (United States District Court Norther District of California Case No. 22-CV-07540) 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) 6. Yessenia Garcia Reveles, et al. v. City of Monterey et al (Monterey County Superior Court Case Nos. 22CV003162 and 22CV000736) 7. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157) 8. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427) 9. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243) 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): United Financial Casualty Company Claim received on October 4, 2022 Action: On the existing litigation matters (A.1 through A.10), no reportable action was taken. On the matter of the United Financial Casualty Company claim (B), on a unanimous roll-call vote, the Council gave confidential direction to its legal counsel ADJOURNMENT The Council adjourned at 10:43 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 9