Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 21, 2023 4:00-6:30 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA AND TELECONFERENCE LOCATION: HYATT REGENCY WASHINGTON ON CAPITOL HILL, ROOM 391, 400 NEW JERSEY AVENUE, NW, WASHINGTON, D.C. 20001 Councilmembers Present: Barber*, Garcia, Haffa, Williamson Absent: Smith * Attended remotely by teleconference at the duly noticed teleconference location listed above City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk, Recreation Manager, Public Works Administrative Services Manager, Parks Operations Manager, Principal Planner, Sports Center Manager, Assistant Fire Chief, Senior Administrative Analyst (Fire), Division Chief (Fire), Fire Captains (4), Fire Engineers (2), Firefighters (6), Administrative Assistant (Fire) TELECONFERENCE NOTICE This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda*** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. He announced that Councilmember Barber was attending remotely and that Councilmember Smith was absent for the meeting. City Clerk Klein called the roll as highlighted above, and explained to the public how to participate in the meeting virtually. Councilmember Barber confirmed that she could hear the meeting proceedings, had posted the agenda 72 hours prior to the meeting at the teleconference location listed above, and was providing public access from the same location, pursuant to GC 54953(b)(3). She confirmed that no member of the public was present with her at the teleconference location wishing to speak. PLEDGE OF ALLEGIANCE Vice Mayor Haffa led the Pledge. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements for 1st Quarter 2023 (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  City Council Minutes March 21, 2023 City Manager Uslar and Fire Chief Panholzer made a verbal presentation celebrating Raymond Lafontaine, Fire Captain, for his 50 years with the City of Monterey Fire Department. Lucero Valdez, Fire Captain; Robert Wilkins, Fire Engineer; and Karen Larson, Parks and Recreation Director, were also recognized for their milestone anniversaries working for to the City. Mr. Lafontaine remarked about how much he has enjoyed his fire service career with the City. The Council made comments thanking all of the employees celebrating milestone anniversaries. Public comment was received from Esther Malkin, who made remarks praising Mr. Lafontaine and his public service. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Tom Rowley, Steve Lightfoot, Art Pasquinelli, Lorna Moffat, Dennis Duke, Lee Whitney, Jeff Gorman, Jack Erickson, Esther Malkin, Nina Beety, and Jim Cullem. CONSENT ITEMS Public comment was not received on the Consent Items. Item 8 was pulled at the request of Tom Rowley. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS except Item 8: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. March 2, 2023 Adjourned Meeting (Adjourned from February 21, 2023) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Smith absent) 3. March 7, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Smith absent) Ordinances 4. 2nd Reading of an Ordinance Amending Administrative Provisions of the Transient Occupancy Tax Ordinance that do not Require Voter Approval (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3659 (4-0-1, Councilmember Smith absent) Resolutions 5. Approve Participation in Nationwide Opioid Litigation Settlements with Teva, Allergan, CVS, Walgreens, and Walmart; and Authorize the City Manager to Execute the Participation Agreements and Request Direct Payments to the City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-028 C.S. (4-0-1, Councilmember Smith absent) 2  City Council Minutes March 21, 2023 6. Approve the Memorandum of Understanding (MOU) for the General Employees of Monterey (GEM) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-029 C.S. (4-0-1, Councilmember Smith absent) 7. Authorize the City Manager, or his Designee, to Enter Into an Agreement for Next Generation Radio System (NGEN) Services and Governance with Multiple Public Agencies in Monterey County (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-030 C.S. (4-0-1, Councilmember Smith absent) 8. Adopt a Resolution Accepting the 2022 General Plan Annual Report (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. 23-031 C.S. (4-0-1, Councilmember Smith absent) Public comment was received from Tom Rowley, who said that land in Tarpey Flats could be annexed by the City for housing if the Highway 68 Area Plan were updated. City Manager Uslar spoke to the requirements for annexation as would relate to the City’s Regional Housing Needs Allocation ("RNHA"). Community Development Director Cole explained that the Highway 68 Area Plan was initiated by the voters. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-030 C.S. Accepting the General Plan Annual Report: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Amend Professional Services Agreement with Dudek by $22,358.75 for a total not to exceed $121,956.25 for the development of a Community Wildfire Protection Plan (CWPP) and amend the agreement with the cities of Pacific Grove and Carmel-by-the-Sea for sharing the cost of the CWPP (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-032 C.S. (4-0-1, Councilmember Smith absent) 10. Authorize the City Manager to Submit a Proposal to Provide Fire Services and Ambulance Services to the City of Carmel-by-the-Sea in Response to Their Request (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-033 C.S. (4-0-1, Councilmember Smith absent) 11. Adopt a Resolution Updating the Council Chamber Use Policy (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-034 C.S. (4-0-1, Councilmember Smith absent) 12. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the March 2023 Storms (Order 23-002) (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 23-035 C.S. (4-0-1, Councilmember Smith absent) 3  City Council Minutes March 21, 2023 *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda The Council adjourned to the Ocean View Community Services District meeting. 13. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report City Attorney Davi stated that the written report in the agenda packet was the only report. Public comment was received from Bob Faulis, who gave an update regarding the status of legal proceedings and development with regard to the Ocean View Plaza Project. Adjourn to City Council Meeting The Ocean View Community Services District adjourned to the City Council meeting. PUBLIC HEARING 14. Amend and Restate Resolution 22-077, Master Fee Schedule to Adjust Fees for each of the Following Departments and Divisions: City Attorney’s Office, Community Development Department, Parks and Recreation Department, City Clerk's Office, Library & Museums Department, Fire Department, Police Department, Finance Department, Public Works Department, Parking Division, and Harbor Division; 1st Reading to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from March 7, 2023 Meeting Action: Adopted Resolution No. 23-036 C.S., as amended, and passed Ordinance to print (4-0-1, Councilmember Smith absent) Finance Director King gave the staff presentation outlining the proposed fees and amendments, and answered Councilmembers' questions together with Community Development Director Cole and City Manager Uslar. Public comment was received from Tom Rowley, who asked the Council not to tie RV and boat storage fees to the Consumer Price Index ("CPI"), and Jeff Gorman, who wondered aloud about the wisdom of removing library fees. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Garcia, to approve the staff recommendation, adopting the amended resolution and passing the ordinance to print. The Council discussed the matter. It was stated that the staff-recommended fees were reasonable and not excessive, and that they were intended to cover the costs of City government so that taxpayers weren't made to subsidize the activities of others. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson 4  City Council Minutes March 21, 2023 NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 15. Amend Resolution 22-086 Authorizing Changes to the Fiscal Year (FY) 2022/23 Budget to Increase Revenues and Appropriations in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Fund and Various other Reserve Funds, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-037 C.S. (4-0-1, Councilmember Smith absent) City Manager Uslar and Finance Director King gave the staff presentation and answered Councilmembers' questions. Finance Director King noted that the amount listed in the agenda report for the Economic Uncertainty Reserve should have been listed as $2,555,886 as was correctly presented in the draft resolution. On question from the City Attorney, the Council determined on consensus that they would keep the position control list tied with this mid-year budget update, and address the salary schedule for the new Deputy Public Works Director position at a later time. On question from the Council, City Manager Uslar spoke about the need to pare down expenditures to balance the budget with regard to available revenues. The Council stated their desire to receive more accurate financial projections, and City Manager Uslar addressed the uncertainty and difficulty with forecasting that had been presented by the COVID-19 pandemic. Public comment was received from: Tom Rowley, who spoke about the need to continue dedicating funds to addressing sea level rise and thanked City staff for their dedicated work on the Neighborhood and Community Improvement Program (NCIP); Bob Faulis, who spoke about economic uncertainty and the City's need to plan carefully with reserves; Mitchel Sawhney, who asked the Council to scrutinize expenditures to find ways to reduce spending; and Esther Malkin, who asked the Council to take a hard look at currently feasible revenue levels that could be expected from cannabis retail, and stressed that protecting local renters should be a priority over giving funds to MidPen Housing to create housing. The Council discussed the matter. It was expressed that while it is positive to be planning for future expenses via reserve funds, even more proactive planning would be better in the next fiscal year's budget. Preference was expressed for moving back to biennial budgets. Future discussions were requested on the subjects of allocating funds toward reopening the Casanova Oak Knoll Park Center, protecting renters, and facade improvements. The potential was suggested to form a budget or finance committee of residents who would be tasked with creating a more transparent budgeting process. It was stated that the NCIP backlog should be addressed and the program made more efficient before continuing to allocate funds to it. It was stressed that reserve funds should be a top priority. The upcoming sunset of existing taxes was referenced and it was stressed that the City would need to proactively plan to manage the budget, and to maintain street pavement quality, going forward after those revenue sources disappear. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-037 C.S. to Amend 5  City Council Minutes March 21, 2023 Resolution No. 22-086 C.S. Authorizing Changes to the Fiscal Year (FY) 2022/23 Budget to Increase Revenues and Appropriations in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Fund and Various other Reserve Funds, and Update the Position Control List: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Adopt a Resolution Approving the Establishment of the Section 115 Trust for Unfunded Accrued Liability (UAL) and Other Post-Employment Benefits (OPEB), Administered by Public Agency Retirement Services (PARS), Authorize the Finance Director or Their Designee to be the City’s Plan Administrator, Authorize the City Manager to Execute All Necessary Documents to Establish the Section 115 Trust and Approve Initial Funding of $2 Million. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-038 C.S. (4-0-1, Councilmember Smith absent) Finance Director King gave the staff presentation and answered Councilmembers' questions together with City Manager Uslar. Public comment was received from Mitchel Sawhney, who suggested using more of the City’s budget surplus to pay into its unfunded pension liability. The Council expressed support for the staff recommendation. On a motion by Councilmember Haffa, seconded by Mayor Williamson, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-038 C.S. Approving the Establishment of the Section 115 Trust for Unfunded Accrued Liability (UAL) and Other Post- Employment Benefits (OPEB), Administered by Public Agency Retirement Services (PARS), Authorize the Finance Director or Their Designee to be the City’s Plan Administrator, Authorize the City Manager to Execute All Necessary Documents to Establish the Section 115 Trust and Approve Initial Funding of $2 Million: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Barber requested that the City write a letter to the State legislature and PG&E regarding the impact on the City of recent power losses due to the extreme weather and the need for improvements to the infrastructure. Mayor Williamson echoed the need to address climate uncertainty and said that PG&E's reimbursements are too low to address actual losses due to electrical outages. He praised City staff for their work addressing record numbers of calls for assistance during the recent storms. CITY MANAGER REPORTS 6 City Council Minutes March 21, 2023 None made. ADJOURNMENT The Council adjourned at 6:31 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7