Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 3, 2019 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Roberson Absent: Williamson City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Finance Director, Human Resources Director, Acting Parks and Recreation Director, Acting City Clerk, Dir. of Information Resources/City Clerk, Principal Engineer, Parks Operations Manager, Associate Planner, Urban Forester, Special Events Coordinator, Principal Planner, Police Lieutenant ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:04 p.m. and noted that Councilmember Williamson was absent. PRESENTATIONS 1. Recognize Arbor Week and Receive the 38th Consecutive Tree City Award (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Proclamation presented Mayor Roberson read the proclamation and recognized staff members who work to manage the City's forests, including Park Operations Manager Marcuzzo and Urban Forester Prouty. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Anthony Buich, Bull and Bear Whiskey Bar and Taphouse, spoke regarding legal issues relating to noise complaints and regulations. Rick Johnson, Old Monterey Business Association, invited all to the Colton Hall tree lighting ceremony on December 6. CONSENT ITEMS Mayor Roberson opened public comments on the Consent Items and received none. A comment was made by Council noting that some substantial dollar amounts were included in the Consent Items. Mayor Roberson commented on the wide variety of worthy applicants for the City's boards and commissions. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the CONSENT ITEMS: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes December 3, 2019 Approval of Minutes 2. November 19, 2019 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5, Section 15061) Action: Approved (4-0-1, Councilmember Williamson absent) Ordinances 3. Second Reading Ordinance Related to the Regulation of Sidewalk Vendors (Exempt from CEQA Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3606 C.S. (4-0-1, Councilmember Williamson absent) 4. Second Reading - Ordinance Amending Monterey City Code Section 31-3(C) to Require Exempt Signs to Meet All Rules, Regulations, and Guidelines Including but Not Limited to Citywide Sign Guidelines and Other Applicable Land Use Documents (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3607 C.S. (4-0-1, Councilmember Williamson absent) Resolutions 5. Award On-Call Traffic Engineering Services Professional Service Agreements for City of Monterey and Presidio Municipal Services Agency (PMSA) Projects in an Amount Not to Exceed $750,000 each to GHD, Inc., Kimley-Horn and Associates, Inc., Fehr & Peers, LLC, and Iteris, Inc. ***CIP/NCIP/PMSA*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolutions No. 19-191, 19-192, 19-193, and 19-194 C.S. (4-0-1, Councilmember Williamson absent) 6. Award Three Professional Services Agreements for On-Call Hazardous Materials Assessment, Testing, and Monitoring Services, Each With a Not-To-Exceed Limit of $250,000, for Projects with the City of Monterey and Presidio Municipal Services Agency (PMSA) to Dudek, M3 Environmental LLC, and MECA Consulting, Inc. (PMSA: Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resources Code, Section 21080; CIP/NCIP: Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolutions No. 19-195, 19-196, and 19-197 C.S. (4-0-1, Councilmember Williamson absent) 7. Accept and Authorize an Appropriation Adjustment of $594,036.24 to the USGA POM Pavement Repair 2019 Project Account under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (b)(5); CEQA Not a Project under Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) Action: Adopted Resolution No. 19-198 C.S. (4-0-1, Councilmember Williamson absent) 8. Authorize Budget Amendments to FY19/20 General Fund Conference Center Sales Division Donations and Appropriation for Monterey 250 in the Amount of $132,000, Respectively (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 19-199 C.S. (4-0-1, Councilmember Williamson absent) 2  City Council Minutes December 3, 2019 Other 9. Consider Mayor's Recommendations and Make Appointments to the Architectural Review Committee and the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Justin Pauly to the Architectural Review Committee with a term expiring June 30, 2024; Appointed the following applicants to the Neighborhood and Community Improvement Program Committee as neighborhood representative ("rep) or alternate ("alt"), with terms expiring June 30, 2024: Aguajito Oaks: Olivia Morgan, Rep; Alta Mesa: Rick Heuer, Rep; Casanova Oak Knoll: Richard Ruccello, Rep, and Scott Dent, Alt; Deer Flats: David Overton, Rep; Del Monte Beach: Jayme Fields, Rep; Del Monte Grove Laguna Grande: Scott Hanson, Rep; Downtown: William Curtis Tipton, Rep, and Bella Lofaso, Alt; Fishermans Flats: Tom Rowley, Rep, and Marilyn Maxner, Alt; Glenwood: Lee Whitney, Rep; Monterey Vista: Jean Rasch, Rep, and Hans Jannasch, Alt; New Monterey: Jon Wagner, Rep; Oak Grove: Luz Adam, Rep, and Pat Erlinger, Alt; Old Town: April Harrison, Rep, and Susan Ricketson, Alt; Skyline: Dennis Duke, Rep, and Richard Moore, Alt; and Villa del Monte: Duane Peterson, Rep, and Angela (Marcela) Ulate, Alt (4-0-1, Councilmember Williamson absent) *** End of Consent Agenda *** PUBLIC APPEARANCE 10. Appoint the Vice-Mayor for 2020 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed Councilmember Haffa as Vice-Mayor for 2020 (4-0-1, Councilmember Williamson absent) Mayor Roberson opened public comments and received none. On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, the City Council appointed Councilmember Haffa as the Vice-Mayor for 2020: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Appoint 2020 Representatives to Outside Agencies and Subcommittees and Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 2020 appointments to outside agencies as presented in the agenda report, and as amended to reflect Councilmember Williamson as the City's representative to the Monterey Peninsula Water Management District's Policy Advisory Committee (4-0-1, Councilmember Williamson absent) Mayor Roberson stated that Councilmember Williamson expressed an interest in serving as the City's representative to the Policy Advisory Committee to the Monterey Peninsula Water Management District. Mayor Roberson opened public comments and received none. 3 City Council Minutes December 3, 2019 On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council appointed the 2020 Representatives to Outside Agencies and Subcommittees as presented in the agenda report, and as amended to reflect Councilmember Williamson as the City's representative to the Monterey Peninsula Water Management District Policy Advisory Committee: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened public comments on the closed session agenda and received none. The Council adjourned to closed session at 4:23 p.m. RECONVENE The Council reconvened at 7:03 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. Acting City Clerk Klein called the roll with Councilmember Williamson absent. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters and received none. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: cs1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6; Agency Negotiators: Allyson Hauck, Nat Rojanasathira, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Monterey Police Association (MPA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6; Agency Negotiators: Allyson Hauck, Nat Rojanasathira, Gina Russo, Jeff Sloan; Employee Organization: Monterey Fire Fighters' Association (MFFA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report cs3. Conference with Legal Counsel Pursuant to Government Code §54956.9(d)(2), (e)(3) - Anticipated Litigation, Significant Exposure to Litigation - Lynda Metzler Claim (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote of 4-0-1, with Councilmember Williamson absent, the Council gave confidential direction to their legal counsel 4  City Council Minutes December 3, 2019 PUBLIC HEARING 12. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance to Amend the Multifamily Overlay District to Clarify Density Requirements, Remove the Requirement for a Use Permit, Remove Covered Parking Requirements, and Add Site Design Standard for Tree Protection (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Passed ordinance to print (4-0-1, Councilmember Williamson absent) Principal Planner Flower gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Kevin Dayton, Monterey resident, encouraged Council to look for opportunities to build additional housing for people who work in Monterey. Barbara Meister, Monterey Bay Aquarium, and Brad Slama, 2600 Garden Road, spoke in support of the amendments. On question from the Council, Principal Planner Flower addressed questions regarding noise abatement and standards required by the Building Code. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council passed to print the Ordinance Amendment for Multifamily Overlay: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 13. Amend Downtown Specific Plan to Create a Density Cap Overlay for a 7.4-Acre Area Bounded by Anthony, Figueroa, Del Monte, and Camino El Estero to: 1) Allow Density to be Calculated Collectively Among Certain Parcels to Not Exceed 30 Dwelling Units Per Acre; and, 2) Increase Allowable Height to Four Stories (Exempt from CEQA per Section 65457 and CEQA Guidelines Section 15182) - Recommended for Continuation to December 17, 2019 Action: Continued to December 17, 2019 (4-0-1, Councilmember Williamson absent) Mayor Roberson noted that the item has been recommended by staff to be continued to December 17, 2019. Mayor Roberson opened public comments. Dan Silverie, 591 East Franklin Street, spoke in favor of moving forward with his project. Kevin Dayton, Monterey resident, said he looks forward to hearing the matter on December 17. Timmy Hamm, Monterey resident, encouraged increased density in downtown but said that the proposed four story height is a concern. City Manager Uslar and Community Development Director Cole answered Councilmembers' question about the recommended continuation of the item. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council continued to December 17, 2019 an Amendment to Downtown Specific Plan to Create a Density Cap Overlay: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5  City Council Minutes December 3, 2019 14. Deny Appeal Application AP-19-0307 and Affirm Planning Commission Decision to Approve Use Permit 19-0105 for Mixed-Use to Adaptively Occupy A Building At 300 Cannery Row; Maximum Allowable Building Height of 45 Feet; Density in Excess of 30 Units Per Acre to Provide Eight Condominium Units Through Approval of A Tentative Map (Permit TM-19-0243) and to Include A Residential Parking Plan At 258/270 Foam Street; Appellant: Laurie Hambaro; Applicant and Owner: 300 LLC; Zoning: Cannery Row Commercial and Planned Community - Lighthouse; General Plan: Commercial (CEQA: Mitigated Negative Declaration Adopted) Action: Continued to December 17, 2019 (4-0-1, Councilmember Williamson absent) Mayor Roberson noted that the item was recommended by staff to be continued to December 17, 2019. He opened public comments and received none. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council continued to December 17, 2019 the item entitled "Deny Appeal Application AP-19-0307 and Affirm Planning Commission Decision to Approve Use Permit 19- 0105 0105 for Mixed-Use to Adaptively Occupy A Building At 300 Cannery Row": AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE (EVE) 15. Adopt a Resolution Approving Off-Site Affordable Housing for a Mixed-Use Development located at 300 Cannery Row (Negative Declaration Previously Adopted) Action: Continued to December 17, 2019 (4-0-1, Councilmember Williamson absent) On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued to December 17, 2019 the Resolution Approving Off- Site Affordable Housing for a Mixed-Use Development located at 300 Cannery Row: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Adopt Urgency Ordinance to Temporarily Prohibit No-Fault Evictions (Exempt from CEQA, Guidelines 15061(b)(3)) Action: Ordinance not adopted (motion to adopt failed by a vote of 3-1-1, Councilmember Smith voting no, Councilmember Williamson absent) City Attorney Davi gave the staff presentation on the proposed urgency ordinance and answered Councilmembers' questions. She said that four affirmative votes were needed to adopt the ordinance. Mayor Roberson opened public comments. Maureen Manning, Monterey homeowner, spoke in support of the urgency ordinance and shared a story about a young family's struggles with housing following a notice of termination. Scott Dick, Monterey County Association of Realtors, spoke against the urgency ordinance stating it isn't shown to be necessary. 6  City Council Minutes December 3, 2019 On question, City Attorney Davi clarified that without legal review of individuals' paperwork it is hard to determine the exact number of Monterey residents who may be protected by the proposed ordinance. The Council discussed the matter. It was stated that there are not compelling specific stories to demonstrate the required urgency, and that property owners have rights to use their property. It was stated that the staff work has already been done and that the Council now has a tool is its hands that can help people, and that if it could protect even one renter it should be worth it to the City to do so. A motion was introduced by Councilmember Haffa and seconded by Councilmember Albert, to adopt an Urgency Ordinance of the City of Monterey Enacting a Temporary Prohibition on No Fault Evictions. The motion failed by the following vote: AYES: 3 COUNCILMEMBERS: Albert, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Haffa shared that he had a nice time at the Cannery Row tree lighting. He reported on a recent Association of Monterey Bay Area Governments meeting and said that a study is being done to look at Highway 1's susceptibility to flooding between Castroville and Watsonville. Councilmember Smith said that he enjoyed the Cannery Row tree lighting and wished everyone a merry Christmas. Mayor Roberson said that we can have Christmas every day by always taking care of each other. 17. Councilmember Williamson’s Request to Agendize a Discussion regarding the Housing Coalition (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Tabled by consensus due to Councilmember Williamson's absence CITY MANAGER REPORTS City Manager Uslar said that the Friends of the Library is a worthy cause for donations on "Giving Tuesday". He announced the following upcoming events: the Colton Hall tree lighting ceremony on December 6, a City housing workshop on December 9, the Old Gray Mare antique fire truck at the Alvarado Farmer's Market on December 10, and Christmas in the Adobes on December 13 and 14. ADJOURNMENT The Council adjourned at 8:30 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 7