Council Special Meeting

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, June 29, 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 City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Library Director, Human Resources Director, City Clerk, Property Manager, Traffic Engineer, Sports Center Manager, Interim Harbormaster, Administrative Analyst (Housing), Intern (City Manager's Office), Senior Administrative Analyst * Attended in-person in the afternoon and remotely by teleconference in the evening ** Attended remotely by teleconference for the full meeting 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. 22-063 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. She called the roll with Councilmembers Albert and Haffa and Mayor Roberson present by teleconference, and Councilmember Williamson present in the Chamber, and Councilmember Smith absent. Mayor Roberson noted that Councilmember Smith would be present in the evening session. CONSENT ITEMS Item 2 was pulled from Consent based on the level of interest from the public indicating they would speak on the matter. On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS except Item 2: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes June 29, 2022 Other 1. Ratify City Council Vote on the Consent Agenda of June 21, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Ratified the Council's votes on the Consent Items of the June 21, 2022 regular City Council meeting (4-0-1, Councilmember Smith absent), resulting in the following actions: 1. 1st Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the City Code Passed Ordinance to Print 2. 2nd Reading of Ordinance to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms Adopted Ordinance No. 3652 C.S. 3. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period July 9, 2022 through July 21, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions Adopted Resolution No. 22-074 C.S. 4. Authorize Professional Services Agreements with Michael Baker International Inc. for a Not to Exceed Amount of $200,000, To Provide On-Call Housing Program Consultant Services Adopted Resolution No. 22-075 C.S. 5. Ratify Payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project NIP2013 Adopted Resolution No. 22-076 C.S. 6. Amend and Restate Resolution 22-024, the Master Fee Schedule, to Amend the City Clerk, Harbor, Library/Museums, Parking, and Cemetery Division Fee Schedules Adopted Resolution No. 22-077 C.S. 7. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes Adopted Resolution No. 22-078 C.S. 8. Award a Contract in the Amount of $105,654.40 to Ampersand Contract Signing Group for the Wayfinding Sign Fabrication, Phase 2 Project ***CIP*** Adopted Resolution No. 22-079 C.S. 9. Adopt a Resolution to Appropriate Grant and Bookmobile Reserve Funds and Authorize the Purchase of One (1) 2022 Mercedes Sprinter Van Bookmobile in the Amount of $213,721 Through a Contract with Farber Specialty Vehicles Adopted Resolution No. 22-080 C.S. 10. Appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account Adopted Resolution No. 22-081 C.S. 11. Appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Fishermen’s Flats Traffic Calming Plan Project Account Adopted Resolution No. 22-082 C.S. 12. Appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection Project Account Adopted Resolution No. 22-083 C.S. 13. Repeal Resolutions 14,037; 14,038; and 14,056 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue Monterey Effective July 1, 2022 Adopted Resolution No. 22-084 C.S. 14. Repeal Resolutions 82-4 and 82-5 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Ave Monterey Effective July 1, 2022 Adopted Resolution No. 22-085 C.S. 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators: 2  City Council Minutes June 29, 2022 Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); Under Negotiation: Terms and Conditions for Lease Amendment Appointed negotiators Cole and Aldrete 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property: Approximately 256 Square Feet Located in the Wharf II Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Robbie Torrise (Robbie's Ocean Fresh Seafood, Inc.); Under Negotiation: Terms and Conditions for Lease Amendment Appointed negotiators Cole and Aldrete 17. Appoint Agency Negotiators for 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 Appointed negotiators Cole and Aldrete 18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 720 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions for Lease Extension Appointed negotiators Cole and Aldrete 19. Receive Mayor’s Recommendation and Appoint Justin Ono to the Parks and Recreation Committee Appointed Justin Ono to the Parks and Recreation Committee to fill an expired term ending June 30, 2024 2. Ratify City Council Vote of June 21, 2022 Approving 1st Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale of all Flavored Tobacco Products (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from consent, Passed ordinance to print with an exemption for hookah, Directed staff to bring to Council further information on the matter of hookah (4-0-1, Councilmember Smith absent) Public comment was received from: Hayley Hodges, National Association of Tobacco Outlets, who urged Council to align with County's rules; Thomas Lawton, National Hookah Community Association, who urged the importance of understanding hookah usage before passing a law that he said would affect minority populations; Rima S. Khoury, Fumari, National Hookah Community Association, who asked City Council to mirror SB 793 and exempt hookah; Niamh, who urged the exemption of hookah lounges, citing cultural reasons; Chris Hudgins, producer of hookah tobacco, citing youth use of hookah as not a concern; Sean Radwan, Nor Cal Smoke Shop, who said that the proposed ban is a civil liberties issue and that adults should have the right to consume what they want; Jayna Kirsch and Charles Steps, Indian Summer, who asked that hookah be removed from the proposed ban, citing culture and tradition; and Elouise Shim, who stated that substances harmful to human health are looked down on in the Muslim religion and asked the Council to uphold their prior vote. A motion was introduced by Councilmember Williamson, and seconded by Councilmember Haffa, to pass the ordinance to print with an exemption for hookah, and direct staff to bring to Council further information on the matter of hookah. City Attorney Davi and City Manager's Office Intern Kennedy answered Councilmembers' questions. 3  City Council Minutes June 29, 2022 A concern was shared by the Council that fairness is a concern when it comes to making decisions that affect businesses. It was stated that the motion can be supported but that some members of the Council will still need to be convinced regarding retail sales of hookah. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3. Ratify City Council Vote of June 21, 2022 Adopting Automated License Plate Recognition Policy for Use in Parking Operations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Ratified the Council's vote of the June 21, 2022 regular Council meeting, adopting the policy (4-0-1, Councilmember Smith absent) 4. Appoint Contract Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations with the City Manager and City Attorney (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061). Action: Appointed Che Johnson as contract labor negotiator (4-0-1, Councilmember Smith absent) ***End of Consent Agenda*** Adjourn to Ocean View Community Services District Meeting: Consent Agenda 5. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Public comment was not received. ***Adjourn to City Council Meeting*** STUDY SESSION 6. Receive Presentation on Reinvesting in the Monterey Sports Center: Emerging Trends and the Pending Sports Center Operational Assessment (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Parks and Recreation Director Larson and Sports Center Manager Willer gave the staff presentation together with Evan Eleff, Sports Facilities Companies. They answered Councilmembers' questions and discussion points included whether the facility should offer physical therapy, and whether medical insurance can be billed for services. Public comment was not received. RECESS 5:30 p.m. Council recessed at 5:33 p.m. 4  City Council Minutes June 29, 2022 RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:00 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Mayor Roberson noted that the full Council was present, all via teleconference. He said that there were no announcements from closed session as the Council had not held closed session in the afternoon. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC APPEARANCE (EVE) 7. Adopt the FY2022/23 Operating Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-086 C.S. (unanimous), as amended to fund business associations at 50% (4-1, Councilmember Albert voting no) City Manager Uslar and Finance Director King gave a brief presentation. City Manager Uslar explained that they had presented the budget more thoroughly on June 21, 2022. He shared with the Council that there would be an additional CERT funding of $7,500 thanks to a generous contribution from the City of Pacific Grove. Finance Director King said that a Senior Administrative Analyst in Public Works was inadvertently left out of the prior version of the proposed Position Control List and had been added back in. Public comment was received from: Rob O'Keefe, Monterey County Convention and Visitors Bureau, and Marc Kelley and Mark Watson, Monterey County Hospitality Association, who all spoke about the hospitality industry's impact and urged investment in destination marketing; Elouise Shim, who stressed the need for transparency regarding data collected by license plate reading technology; Rick Johnson, New Monterey Business Association, who urged the Council to continue the grant of $10,500 for one more year so that the association can legally remove the existing cap; and DeAnn Brady, Cannery Row Business Association, who spoke about the impact of business districts on the City. The Council discussed the matter of funding business districts and it was suggested to fund them at 50% for this budget as a compromise. It was stated that the City needs to support small businesses and hospitality. A motion was introduced by Councilmember Smith, and seconded by Mayor Roberson, to amend the budget to fund business associations at 50%. The Council discussed the motion. The mover clarified that it is intended as a one-time, transitional item. In disagreement with the motion, it was stated that the City works together with businesses to achieve needed revenues, that promoting businesses enhances revenues, and that the City should support business districts fully. The motion to fund business associations at 50% carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Haffa, Smith, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Albert 5  City Council Minutes June 29, 2022 ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) It was remarked that the Neighborhood and Community Improvement Program (NCIP) Committee had agreed to finance some capital improvement projects including the Monterey Sports Center dehumidifier. Appreciation was expressed by the Council to City staff and the NCIP Committee. It was stated that the Council will need to be diligent going forward. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted the resolution, as amended by the prior motion: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 8. Calling a General Municipal Election for November 8, 2022 and Proposing a General Business License Tax on Commercial Cannabis Activity (Exempt from CEQA pursuant to Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines 15273(a)(4).) Action: Adopted Resolution No. 22-087 C.S. (5-0 to call and consolidate the election for Mayor and Council seats) with the measure amended to propose a retail tax of 4% (up to 8% with Council approval), testing lab tax of 1% (up to 2% with Council approval), and a tax on other cannabis businesses of 2% (up to 6% with Council approval) (4-1 regarding the cannabis business license tax measure, with Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation. He and City Attorney Davi answered Councilmembers' questions. Public comment was received from Elouise Shim, who stated that it is not clear that residents and businesses want cannabis business in the City. The Council explained that not putting the measure on the ballot could risk the City missing out on revenues in between elections if retail cannabis is approved. 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 approved Calling a General Municipal Election for November 8, 2022 for an at-large Mayor and one Councilmember each for Districts 1 and 2: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to approve a ballot measure proposing a General Business License Tax on Commercial Cannabis Activity for the November 8, 2022 ballot, with a retail tax of 4% (up to 8% 6 City Council Minutes June 29, 2022 with Council approval), testing lab tax of 1% (up to 2% with Council approval), and a tax on other cannabis businesses of 2% (up to 6% with Council approval). Comment was made by Council against the measure, citing concerns about quality of life and hazards associated with cannabis. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session *** Public comment was received on the closed session (during the afternoon session) from Robbie Torrise, who spoke in favor of the proposed lease amendment, stating he is waiting for permission to install a freezer. The Council adjourned to closed session at 8:50 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Approximately 256 Square Feet Located in the Wharf II Warehouse (Parcel GOV000002) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Robbie Torrise (Robbie’s Ocean Fresh Seafood, Inc.) Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Not heard cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 353 Camino El Estero Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce) Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Not heard cs3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Regarding PLMA and MPA: On a unanimous roll-call vote, the Council approved successor labor agreements for Monterey Police Association (MPA) and Police Lieutenants’ Management Association (PLMA) with two year terms from July 1, 2022 to June 30, 2024 which included wage and benefit increases of 4% salary increases effective July 1, 2022, 4% salary increases effective July 1, 2023, retention pay of up to 7 City Council Minutes June 29, 2022 $550 per month depending on eligibility, and uniform allowance increases; Regarding Management Employees' Association (MEA): Confidential direction to labor negotiator on unanimous roll call vote; Regarding the other listed groups: No reportable action taken ADJOURNMENT The Council adjourned at 9:31 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8