Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 21, 2018 4:00 p.m - 5:30 p.m. 7:00 p.m. - 11:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Albert, Barrett, Haffa (left at 11:29 p.m.), Smith, Roberson Absent: None City Staff City Manager, City Attorney, Interim Assistant City Manager, Police Chief, Present: Library Director, Community Development Director, Public Works Director, Interim Finance Director, Acting City Clerk, Housing and Community Development Manager, Traffic Senior Engineer, Sustainability Coordinator, Housing Administrative Analyst, Parks Operations Manager, General Services Senior Administrative Analyst, Police Senior Administrative Analyst, Construction Project Manager, Housing Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Introduction of Colonel Gregory Ford, Garrison Commander, Presidio of Monterey (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Manager - 701-17) Action: Introduced and recognized Colonel Ford City Manager Uslar introduced Colonel Gregory Ford, who made brief comments. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Renee Leonard said that it bothers her that the town looks filthy and that she sees obvious drug and alcohol abuse, and asked the Mayor to walk with her through the downtown area. Anthony Buich, Bull and Bear Whiskey Bar and Taphouse at 479 Alvarado Street, expressed dismay at what he called an outdated sound ordinance that he said has caused him legal troubles. James Crumb, CSUMB student of recording arts and sound engineering, and John Prock, Monterey Music Store, spoke against the 65 decibel maximum in the sound ordinance which they described as unrealistic. They asked City Council to revisit the sound ordinance. Denica De Foy said that the sound limit and related legal repercussions negatively affect Bull and Bear employees. She said that the Saucito Land Company built their structure knowing that it was close to nightlife. Justin Minick, business owner, said that there should be a standard approved device and method for sound measuring, and that the Bull and Bear should be allowed at least 85 or 90 decibels. Julie Work Beck said that the dispute between Saucito Land Company and the Bull and Bear is about making the area livable. She said that the Bull and Bear agreed through their use permit to adhere to the City’s noise ordinance. Menal Guma cited few options downtown for young people, and said she is unsure how any business is supposed to comply with the noise limit. Stuart Beck, Saucito Land Company, said that many sound ordinances are related to time of  City Council Minutes Tuesday, August 21, 2018 day and said that some cities restrict sound to 60 decibels at night. He named other local bars about which he said he is unaware of sound complaints. Michael Royster, Monterey resident, said that downtown is vibrant and the sound ordinance needs to be updated to 2018 standards. Danielle Mendiola, downtown Monterey resident, said she hears loud delivery trucks, pedestrians, and seagulls in the downtown area. She said that the noise ordinance is tearing apart the community and asked for it to be revisited. Darcie Middlebrook, letter carrier and union advocate, said that the people who are speaking up about the Bull and Bear are the melting pot of Monterey. She said that if the Bull and Bear closes down it will be another vacancy downtown and the City will lose income. Jerry Anderson, Saucito Land Company, said that residents of the residential units had written letters opposing an update of the sound ordinance. He read aloud a letter from multiple individuals in opposition to raising the allowable sound limits, and said that developers will be watching closely. Tyller Williamson encouraged further community conversation about the sound ordinance. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Agenda, and receiving none, closed public comments. On a motion by Councilmember Albert, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved the Consent Agenda, except Items 13 and 15, which they pulled from Consent, and continued Item 5 to October 2, 2018: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. July 25, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved 3. August 7, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved Ordinances 4. 2nd Reading - Rezone 542 Spencer Street from R-3-5 to R-3-5-H-2 and Approve Application TM-18-0103 for Mills Act Contract; Applicant/Owner Charles Garretson; and Rezone 555 Larkin Street from R-3-6 to R-3-6-H-2 and Approve Application TM-18-0135 for Mills Act Contract; Applicant/Owner Timothy P. and Nancy P. Eckert (Exempt from CEQA per Article 19, Section 15305, Class 5, and Section 15331, Class 31) (Plans & Public Works - 701-11) Action: Adopted Ordinances No. 3582 and 3583 C.S. 2  City Council Minutes Tuesday, August 21, 2018 5. 2nd Reading to Amend Zoning Ordinance Sections 38-15(DD)(6), 38-40, and 38-115 to Principally Permit Limited Vehicle Sales in the I-R Industrial, Administration, and Research Districts and to Establish a Vehicle Sales, Limited, Use Classification with Same Parking Requirements as Vehicle/Equipment Sales and Rentals (Exempt from CEQA per Article 19, Section 15305, Class 5) (Plans & Public Works - 701-11) Action: Continued to October 2, 2018 Resolutions 6. Authorize the City Manager to Enter into an Agreement with Monterey-Salinas Transit to Provide Taxi Driver and Taxi Vehicle Permitting and Inspection Services for Monterey County Based Taxi Cabs and Amend Resolution No. 15-215, the Master Fee Schedule, to Update Taxi Permit Fees (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-133 C.S. 7. Authorize a Supplemental Appropriations from the NIP Contingency Account to the NM Ped: Hawthorne/Dickman ADA, Prescott 1650 Project and the Monterey Public Library Artistic Bike Rack Project *** NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 808-02) Action: Adopted Resolution No. 18-134 C.S. 8. Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Authority Fund for Unscheduled Maintenance Projects 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))) (Plans & Public Works - 704-05) Action: Adopted Resolution No. 18-135 C.S. 9. Authorize Payment in Excess of Contract Amount for On-Call Tree Maintenance Service (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 810-01) Action: Adopted Resolution No. 18-136 C.S. 10. Amend Resolution 17-125 for the Capital Improvement Program to Include the Fire Storage Building Repair Project and Appropriate Additional Tidelands Trust Funds ***CIP*** (Exempt from CEQA per Article 19, Section 15306, Class 6) (Plans & Public Works - 704-06) Action: Adopted Resolution No. 18-137 C.S. 11. Authorize the City Manager to Enter into a Memorandum of Understanding between the City of Monterey and the Monterey Peninsula Unified School District Regarding Data Sharing for Library Cards (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Library - 704-05) Action: Adopted Resolution No. 18-138 C.S. 12. Appropriate Funds from the 2017-18 Library Trust Fund Ending Balance in the 2018-19 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Library - 406-04) Action: Adopted Resolution No. 18-139 C.S. 13. Authorize an Appropriation of Funds and Amend Resolution 17-187 to Increase the Contingency for the Monterey Conference Center Solar Project (Exempt from CEQA CA Public Resources Code Sec. 21080.35) (Plans & Public Works - 704-06) Action: Pulled from Consent; Discussed; Adopted Resolution No. 18-140 C.S. On question, City Manager Uslar said that the design for the solar panels was done in-house and the proposed changes stemmed from the contractor’s suggestion to purchase higher- 3  City Council Minutes Tuesday, August 21, 2018 efficiency solar panels. Public Works Director Wittry said that manufacturers had indicated that the panels could be walked upon for maintenance purposes, and that the staff had designed the panels accordingly. He said that the additional proposed cost would have been included in the final total cost regardless of in which stage it was incorporated. The City Council discussed the proposed appropriation of funds, which Public Works Director Wittry said would come out of the Capital Improvement Program’s contingency fund. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-140 C.S. to Authorize an Appropriation of Funds and Amend Resolution 17-187 to Increase the Contingency for the Monterey Conference Center Solar Project: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. Adopt a Resolution to Establish Procedural Guidelines for the Formation of Property and Business Improvement Districts Under the Property and Business Improvement District Law of 1994; Adopt a Resolution of Intent to Establish the Monterey County Tourism Improvement District under the Business Improvement District Law of 1994 and Intent to Levy an Assessment on Lodging Businesses within such District and to Set a Public Hearing Date; and Adopt a Resolution Requesting Consent of the Cities of Carmel-by-the-Sea, Del Rey Oaks, Marina, Pacific Grove, Salinas, Sand City, Seaside, and the County of Monterey to Create the Monterey County Tourism Improvement District. (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 701-13) Action: Adopted Resolutions No. 18-141, 18-142, and 18-143 C.S. 15. Appropriate $100,000 from the General Fund, General Plan Designation (Not A Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 201-12) Action: Pulled from Consent; Adopted Resolution No. 18-144 C.S. as amended (4-1, Smith voting no) On question, City Manager Uslar said that the appropriation of fees would be used to pay for professional services for General Plan updates that are required to stay in compliance with the changing State law. He said that the $100,000 was broken down into $70,000 to rewrite the traffic circulation element, $20,000 to update the inclusionary housing ordinance, and $10,000 to update and rewrite the historic preservation elements. On question, Community Development Director Cole said that the inclusionary housing ordinance, which was for a time unenforceable due to changes in State law, is now enforceable again and fairly dated. She said that the State has a new process and a requirement for an economic study, and staff’s goal is to bring the inclusionary housing ordinance up-to-date. Mayor Roberson opened public comments, and receiving none, closed public comments. Councilmember Barrett expressed concern at the idea that 20% inclusionary housing is too burdensome and said that maybe the cost of producing housing is too high. Councilmember Barrett introduced a motion, which was seconded by Councilmember Haffa, to adopt Resolution No. 18-144 C.S. to Appropriate $80,0000 from the General Fund for the professional services, and to direct staff to bring the inclusionary housing ordinance update back to Council separately at its earliest opportunity. 4  City Council Minutes Tuesday, August 21, 2018 Councilmember Smith suggested having the inclusionary housing discussion after City Council has the study in-hand, saying that with a current document the body would be able to adopt better housing policies. Housing and Community Development Manager Caraker said that staff plans to present to Council a study session on ways to apply inclusionary requirements and associated impacts on the development community. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** The City Council briefly adjourned to the Ocean View Community Services District Meeting in the late evening, following Item 21. 16. 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) (City Attorney - 703-02) Action: Continued On a motion by Chair Roberson, seconded by Director Smith, and carried by the following vote, the Board of Directors continued the quarterly report to a future meeting: AYES: 5 DIRECTORS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The Board of Directors adjourned to the City Council meeting. PUBLIC HEARING 17. Approve Partial Closure of Pierce Street Between Franklin and Jefferson Streets to Through Vehicular Traffic to Create an University Campus Center/Quad for the Middlebury Institute of International Studies (CEQA Negative Declaration Previously Adopted for the Middlebury Institute of International Studies Master Plan) (Plans & Public Works - 803-04) Action: Adopted Resolution No. 18-145 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Jeff Dayton-Johnson, Middlebury Institute of International Studies (MIIS), said that the campus will remain open to the community. Rick Johnson, Old Monterey Business Association (OMBA), said that OMBA strongly supports the MIIS Master Plan and that the downtown enjoys its relationship with the institute. With no further requests to speak, Mayor Roberson closed public comments. 5  City Council Minutes Tuesday, August 21, 2018 The City Council expressed enthusiasm that MIIS will have a central place on campus. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-145 C.S. to Approve Partial Closure of Pierce Street Between Franklin and Jefferson Streets to Through Vehicular Traffic to Create an University Campus Center/Quad for the Middlebury Institute of International Studies: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The City Council adjourned to closed session at 5:41 p.m. and reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for continued public comments on non-agendized matters. Gina Sessions, Monterey resident and volunteer with Public Water Now, spoke in favor of a public buyout of California American Water. Marcella spoke against State Senate Bills 54 and 277, citing concerns about Islamic terrorism and fascist collusion in favor of vaccines. Pete, Salinas resident, echoed vaccine concerns. Jason Asmus thanked the City Council for the City’s housing program, which he said recently allowed him to purchase an affordable unit. Luis Osorio said that the Planning Commission needs critical, open-minded independent thinkers who are willing to educate themselves. Walter cited concerns about gentrification, lack of affordable housing, and an overwhelmed transportation system. He asked City Council to carefully manage its environment, housing stock, and cost of housing, as well as transportation in, out, and around the Peninsula. Esther Malkin echoed concerns about the Planning Commission, citing cronyism and officials whom she described as being stuck in the past. She said that the Planning Commission cannot continue to say “no” without offering alternatives, and asked City Council to hold them accountable. With no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 18. Deny 457, 465, 470, 565, and 570 Cannery Row; Appeal Application AP-18-0213 of Planning Commission Approval of Use Permit Amendment PE-17-0583 Amending Use Permit 00-019 for modifications to an approved project which include removal of five traffic mitigation measures due to changes in the City’s Capital Improvement Program and completion of traffic mitigations; Appellant: Michael Brown, on Behalf of AquaLegacy Development LLC; Property Owner: Cannery Row Company; C-R Zoning District; Commercial General Plan Designation; Environmental Impact Report Addendum Filed – Continued from July 17 and July 25, 2018 meetings (Plans & Public Works - 202-02) Action: Opened public hearing; Received public comment; Adopted Resolution No. 18- 146 C.S. as amended to deny the appeal and remand the use permit to the Planning Commission 6 City Council Minutes Tuesday, August 21, 2018 Housing and Community Development Manager Caraker gave the staff presentation. She provided background information on the matter, saying that the permit was originally approved by City Council in 2004 and extended many times, and that in June 2018 the Planning Commission approved the Use Permit Amendment and recommended that City Council approve a development agreement. She said that the agenda report addressed the fact that the Coastal Commission has accepted the application for the extension and that the expiration is now stayed while the Coastal Commission considers how to process that request. She asked City Council to deny Appeal AP-18-0213 and remand Use Permit 00-019 to the Planning Commission by adopting the draft resolution, amended to eliminate Finding No. 1 referencing the ownership issue, which she said isn’t necessary because the Planning Commission will reconsider the Use Permit. On question, Housing and Community Development Manager Caraker said that the Coastal Commission had accepted applications from both parties and had stayed the permit which otherwise stood to expire early in August 2018. She said that the Coastal Commission is also looking at whether any conditions have changed, including Ocean Protection Act changes, which she said would be in the purview of the Coastal Commission’s permitting process but not the City’s. She said that City staff is comfortable moving forward with processing the appeal and reconsidering the Use Permit Amendment. On question, she cited traffic mitigation conditions that she said have been cured, including a traffic light constructed at Reeside Avenue and Foam Street, improvements along Highway 68 incorporated into a new master plan by Cal Trans, and reconfigurations to Aguajito Road and Fremont Boulevard. She said that there are updated projects in the Capital Improvement Program (CIP) that will continue to mitigate impacts along Del Monte Boulevard. She said that terms are yet unknown for a $2M loan for improvements along Lighthouse Avenue. Ashley Weinstein-Carnes, Cox, Castle & Nicholson LLP, land use counsel for appellant AquaLegacy Development LLC (“AquaLegacy”), said that there are inconsistencies in the City’s supporting documents that should be resolved. She said that a letter was submitted by email in the afternoon before this meeting detailing AquaLegacy’s concerns, and asked City Council to use the contents of the letter in making their determination. She said that AquaLegacy disagrees with the staff recommendation. She expressed concern that the finding in the draft resolution regarding ownership issues and harm faced by AquaLegacy, prior to amendment on the afternoon of the meeting, presented a definitive and final action of City Council which would bind the Planning Commission and prevent AquaLegacy from taking any further administrative appeal. She said that the revised finding is appreciated but asked for some discussion as to whether the Council would be taking a definitive, final action on any point at this meeting, because if so, she said that administrative remedies would be exhausted and litigation would be the next step. She said that the staff recommendation acknowledges one of the bases of the appeal at the same time that they recommend the appeal for denial, which she said was confusing. She said it would make more sense for City Council to either deny the appeal or grant it on a limited basis and remand it to the Planning Commission on that point. She asked City Council to provide clarity around the matter. Ms. Weinstein-Carnes continued, disputing Housing and Community Development Manager Caraker’s statement that the published agenda report provided additional information on the status of the Coastal Commission’s decisions. She said that AquaLegacy has worked with the Coastal Commission for several years to extend the Coastal Development Permit (CDP) on its own behalf and worked to obtain consent of Ruby Falls Fund, LLC (“Ruby Falls”) because she said the Coastal Commission refuses to take action except to extend the CDP until litigation is resolved. She said that the current permit is not ready to be implemented for any developable purpose without resolution of litigation or without consent of Ruby Falls and AquaLegacy or any purported successor in interest to Canrow. She said that Aqualegacy recently submitted an 7 City Council Minutes Tuesday, August 21, 2018 extension to the Coastal Commission for extension of the CDP prior to its expiration and asked for Ruby Falls’ consent, and said that Ruby Falls refused to consent and submitted a separate application that was more or less consistent to AquaLegacy’s, however she said that the Coastal Commission has not acted on it and has not agendized it yet and may not for some time. She said that it will be stayed automatically under State law given that the application for expiration was submitted timely prior to the permit’s expiration. She reiterated that the Coastal Commission will not act until there is resolution of the litigation. Ms. Weinstein-Carnes continued, summarizing her statements by saying that AquaLegacy objects to the substance and procedure in which the draft resolution is presented, and would like the City Council to clarify whether they are granting the appeal and remanding to the Planning Commission on the point raised about requisite findings that need to be made, or denying the appeal based on the bases of the appeal. She asked for clarification as to whether City Council is taking final action as to any finding regarding harm to AquaLegacy, resolution of the property ownership dispute, or any other matter. She passed out copies of the letter that she said was emailed to City Council in the afternoon. Mark Slater said that in their findings, staff said that there is evidence of who owns the land, so City Council can move ahead. He said that the legal foundation a court must have to uphold a lis pendens is that the party filing it is more likely than not to prevail. He said that so far, AquaLegacy is winning the ownership lawsuit, and stated that it is an unhelpful precedent for any legislative rule-making body to ask the court to step aside and determine that the body itself would decide who owns a property, put conditions on the parties, and undertake financing. He asked City Council to let the court system work this matter out. Mayor Roberson opened the floor for public comments and hearing none, closed public comments. City Attorney Davi clarified what remanding the use permit amendment to the Planning Commission would mean. She said that City Council could recommend that the Planning Commission reconsider their previous decision, without prejudice to further appeals. She said that this would not be a final action as it was presented by the appellant’s counsel. She said that when the Planning Commission looks at the matter and makes a new decision, that decision could end up before City Council again in the form of another appeal. On question, she said that the developer agreement application has gone through the Planning Commission and will come to City Council at another time independent of this appeal. She said that staff recommends that City Council deny the appeal and remand the matter to the Planning Commission to reconsider it as it deems necessary. On question, Housing and Community Development Manager Caraker said that Coastal Commission staff is considering how to process the applications and considering whether conditions have changed regarding rules relating to the desalination plant. On question, City Attorney Davi said that AquaLegacy didn’t appeal all of the 37 findings in the Planning Commission’s decision, and clarified that staff recommends additional findings be made and for references to the exhibits to be incorporated into a new Planning Commission resolution. Councilmember Smith introduced a motion, which was seconded by Councilmember Haffa, for the City Council to adopt Resolution No. 18-146 C.S. as amended, denying Appeal AP-18-0213 and remanding Use Permit 00-019 to the Planning Commission for reconsideration without Prejudice, as it deems necessary to comply with and make findings pursuant to MMC 38-161 and because the appellant therefore has a right to refile and appeal future Planning Commission action. 8  City Council Minutes Tuesday, August 21, 2018 Councilmember Haffa stated that this would not be a final action by the City Council, and that the Planning Commission will be empowered to do what they will. He added that the City Council wants both parties to resolve their legal dispute, citing the urgent need for the affordable housing units included in the project. On question, City Attorney Davi addressed the timing of the matter, saying that the City had received an application for a use permit and had processed the application as it would for any third party who requested a use permit to be processed. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Albert, Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 19. Receive Report on Housing Office Goals and Accomplishments and Receive Public Comments (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Plans & Public Works - 207-03) Action: Received report; Received public comments Housing and Community Development Manager Caraker and Housing Administrative Analyst Ljubimow gave the staff presentation covering the City’s housing programs, regional collaboration, accomplishments over the last year, and goals for the upcoming year. The City Council recessed at 8:19 p.m. and reconvened at 8:37 p.m. Mayor Roberson opened the floor for public comments. Marjorie Rocha, Eden Council for Hope and Opportunity (ECHO), shared details of the housing counseling agency. Emily Garnica, ECHO, encouraged Monterey residents with rental concerns to contact her at 831- 566-0824 for mediation assistance. Esther Malkin thanked Councilmember Albert and City Manager Uslar for their support in putting together a group of people working toward housing solutions. She said that the Planning Commission denies density bonuses and asked the City Council to be willing to override the Planning Commission’s recommendations. She urged the City to update its income threshold numbers and asked for more consideration of renters. Matt Huerta, Monterey Bay Economic Partnership (MBEP), said that MBEP wants to help, has a trust fund, and wrote a policy paper with nine recommendations for realistic policies that jurisdictions can adopt. He asked Council to be courageous in endorsing Propositions 1 and 2 on the ballot in November. Rafael Hernandez, MBEP, said that there are opportunities to help the people who work in our cities, and he looks forward to working with City Council. Tyller Williamson suggested that City housing staff receive additional funding, and encouraged the City to do more to protect renters, and urged people to read the MBEP white paper. He said that the community is discussing a potential ballot initiative for an affordable housing bond measure in 2020. He said that making it easier for people to create rental units in their homes would create more housing. 9  City Council Minutes Tuesday, August 21, 2018 Karen O’Neal said that investors and developers in the area are concerned about the Planning Commission. She said that Proposition 10 is coming up on the ballot in November. She said there is nothing in place in Monterey protecting renters from egregious rent increases. Christine Rizzo, lifelong Monterey resident, said she supports Monterey Peninsula Renters United and said she could remember a time when all walks of life lived in the same community with each other and could do their jobs in their own community. She said she thinks there is something wrong when kids can’t afford to live in the community they grew up in. Dan Silverie, Monterey Hotel Apartments, said that he has great tenants who are very happy in the building and numerous tenants are in walking distance of their jobs. He proposed putting 16 units, 50% affordable and 50% market rate, at his auto repair facility at Franklin Street and Cortes Street. He said that he has ideas to design a building on top of the Pacific Street and Calle Principal parking garage. He said that Monterey Peninsula Unified School District Superintendent P. K. Diffenbaugh is having a hard time retaining teachers due to housing costs. Noelle said she moved to Monterey 15 years ago and last year her rent was raised by 25% with no warning. She said that there are hundreds of similar stories. She said she is having a hard time finding an affordable place to live and not enough is being done about escalating rents. John Tilley, Monterey Commercial Property Owners Association, said there are pros and cons to rent control programs, and his association would be happy to host a forum to discuss housing issues. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett encouraged people to contact him at 831-277-9505 or timothylbarrett@hotmail.com about housing issues. He shared his experiences working toward affordable housing solutions over the years. He promoted his new non-profit organization, Neighborhood Housing Fund for Monterey, and said that the ComCap Conference helps the community invest in itself. Councilmember Albert praised the City for owning 500 affordable units and suggested that it could be time to look for funding to obtain more. He referred to a set of volunteer renter guidelines issued in the past, which City Manager clarified were issued in 2001 and included guidelines on how to and when to increase rents, and clauses for Monterey College of Law to mediate rental disputes. Councilmember Albert said that water and land concerns contribute to the housing issue, and suggested that the City look into using its property on Fort Ord to help create housing. Councilmember Haffa proposed a joint meeting of the Planning Commission and City Council to talk about housing issues and potentially to review ideas raised by MBEP’s white paper. He echoed interest in looking at the Fort Ord property and whether it can be zoned for housing instead of light industrial. He said that state laws about rental protection can be helpful, but renters don’t always know their rights. Councilmember Smith read aloud from the staff report many of the listed “Goals of the City’s General Plan Housing Element.” He emphasized that Monterey is constrained by its lack of water, and cited increased labor and building materials costs. He said that the City Council is looking for projects and good ideas to increase the City’s housing stock within appropriate density levels. He implored other cities to increase their own affordable housing stocks. 20. Receive Update and Consider Ryan Ranch for SunPower Solar Panel Installation Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received update; Directed staff not to pursue the Ryan Ranch site for solar and instead to look at other locations 10  City Council Minutes Tuesday, August 21, 2018 Sustainability Coordinator Terrasas gave the staff presentation and answered Councilmembers’ questions. He asked City Council for guidance on whether to proceed with the project through full panel installation at Ryan Ranch. Mayor Roberson opened public comments. Jason Garrett, Stinging Jellies Disc Golf Club, said that the Ryan Ranch site is environmentally diverse and said that he is concerned at the lack of EIR. He said that the proposed solar power development conflicts with the Parks and Recreation Master Plan. He said there are few open spaces left in the City of Monterey and urged City Council not to support the proposal. Chad Guile, Stinging Jellies Disc Golf Club, said that he has seen hawks, golden eagles, and a bobcat at the site, and someone else has seen a mountain lion. He quoted the Open Space Element of the General Plan and its directive to preserve open space. Andrew Trona said he has worked at 20 Ryan Ranch Road and Upper Ragsdale Drive continuously since 2001. He said that the open space is teeming with wildlife and he has seen more wildlife in the location than in his previous 20 years of hiking elsewhere. He shared photos of wild animals that he has photographed at the site. Fred Watson, Professor of Environmental Science at CSUMB, referred to the FORTAG 31-mile system of trails and said that it would be inadvisable to locate a solar farm at Ryan Ranch because the site is a crucial part of the last remaining corridor of open space between Big Sur and Fort Ord. Mary C. Israel, Monterey resident, said that Ryan Ranch Park was a gift to the City of Monterey. She presented a petition. Citing protection of the California Tiger Salamander, she urged City Council to vote against the proposal. Steve Thomas said that the sheer scale of the site’s open space is unbelievable. Terry Powell, Monterra development resident, said there would be an impact to the views enjoyed by Monterra residents, and cited fiscal benefits that he said the City receives from those residents. With no further requests to speak, Mayor Roberson closed public comments. The City Council discussed the Ryan Ranch site, citing environmental concerns and the community use of the open space. On consensus, they agreed that solar power would be positive for the City and directed staff to examine solar power opportunities at other locations than Ryan Ranch. The City Council recessed at 10:22 p.m. and reconvened at 10:31 p.m. 21. Receive Presentation Regarding Measure X Bonding and Undergrounding Utilities (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 19, Section 15061) (Plans & Public Works - 101-01) Action: Received presentation Public Works Director Wittry and Traffic Senior Engineer Renny gave the staff presentation on Measure X bonding. Traffic Senior Engineer Renny said that the adaptive system on Lighthouse has reduced stoppage and slowing by 30%. Public Works Director Wittry said that the typical process of “TRIP financing” to bond Measure X funding would take approximately three months. On question, Traffic Senior Engineer Renny clarified that there are a few intersections on Del Monte for which the City will apply for grants within the next 3-4 years. She said that safety projects are so expensive that to stretch the Measure X money the City will need to try to use it as matching funds. She said that $2.4M safety grants would cover all arterials. The City Council discussed the need to upgrade intersections for ADA using Measure P (Measure S) funding at the same time that an intersection receives other upgrades. 11 City Council Minutes Tuesday, August 21, 2018 Public Works Director Wittry said that undergrounding utilities is a process that can be done. He showed a slide of a utility pole and the corresponding trench necessary to bury the wires, which he said would typically be at a depth of approximately 36 inches. He outlined PG&E programs to fund undergrounding utilities and described processes for funding the work using PG&E Rules 20A and 20B. He answered Councilmembers’ questions about potential costs to homeowners and clarified the difference between fiber connectivity and undergrounding of utilities. Mayor Roberson opened public comments. Hans Jannasch, Monterey Vista Neighborhood Association (MVNA), said that MVNA has a subcommittee looking at undergrounding. He said that San Diego adopted a three percent utility tax and builds about 15 miles of undergrounding per year through their city. John Tilley, Monterey Commercial Property Owners Association (MCPOA), said that MCPOA encourages Council to pursue bonding Measure X revenues. Gary Cursio, Monterey County Hospitality Association (MCHA), said that MCHA supports bonding Measure X funds for the completion of traffic congestion improvements. He said that MCHA hopes that City Council will move forward on September 4 to adopt a plan to complete the work with Measure X funding. DeAnn Brady, Cannery Row Business Association, echoed MCHA’s request for the City Council to approve Measure X funding on September 4. COUNCIL COMMENTS Councilmember Barrett invited all to an event entitled “Community Responses to Elder Care Symposium” on September 15 at Monterey Peninsula College. Councilmember Haffa left the Chamber at 11:29 p.m. CITY MANAGER REPORTS Not heard due to the late hour. ADJOURNMENT City Council adjourned to closed session at 11:31 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Interim Assistant City Manager Gawf announced the following: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): (1) Balesteri v. City (Monterey (Monterey County Superior Court Case No.16CV002741) (2) Colletto v. City of Monterey (Monterey County Superior Court Case No. 16CV000391) (3) City of Monterey v. Safeway (Monterey County Superior Court Case No. 17CV003313) (4) Custom House (Portola Hotel) v City (Monterey County Superior Court Case No. 17CV000315) (5) James Johns v. City (Monterey County Superior Court Case No. 17CV003120) (6) Sollecito v. City of Monterey (Monterey County Superior Court Case No. 17CV002375) (7) Stronghold Engineering, Inc. v. City (Santa Clara Superior Court Case No. 18CV329015) (8) Turn Down the Lights v. City (Court of Appeal, Sixth Appellate District, Case No. 12 City Council Minutes Tuesday, August 21, 2018 H044656) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Actions: (4) Custom House (Portola Hotel) v City (Monterey County Superior Court Case No. 17CV000315): On a roll-call vote of 3-1-1, Smith voting no, Haffa absent, City Council gave confidential direction to its legal counsel (1), (2), (3), (5), (6), (7), and (8): Not heard cs2. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 Unrepresented Employee: City Attorney Agency Negotiator: Allyson Hauck (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 507-08) Action: Not heard cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 290 Figueroa Street (The Wharf Marketplace) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Wesley Van Camp (Tanimura & Antle Value-Added, LLC) Under Negotiation: Terms and Conditions for Consent to Assignment of Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a roll call vote of 4-0-1, Haffa absent, City Council gave confidential direction to its negotiatiors Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 13