Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 3, 2020 4:00 PM 7:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, Police Chief, Finance Director, Parks and Recreation Director, Acting City Clerk, Human Resources Director, Dir. of Information Resources/City Clerk, Deputy Human Resources Manager, Human Resources Coordinator, Admin. Assistant (Sustainability), Sustainability Coordinator, Associate Planner ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. PRESENTATIONS 1. Presentation from Bay View Academy Students on a Conservation and Beach Cleanup Service Learning Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Hugh Smith, Bay View Academy Board of Directors, introduced Christian, Chase, and Charlotte, Bay View Academy students, who reported on pollution at the beach and vicinity of the recreational trail. The students suggested moving existing trash cans to closer to pathways and exits, and promised to report back to Council further into their service learning project. 2. Recognition of American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Presented proclamation Lee Hedgepeth, Central Coast Chapter of the American Red Cross, gave a brief presentation sharing the importance of the American Red Cross to the country's history. He accepted the proclamation from the City Council. PUBLIC COMMENTS Mayor Roberson opened public comments on non-agendized matters. Kevin Dayton spoke regarding Item 6 on the evening session, urging that Council take the housing issue seriously and use measurable ways to make it easier to build housing.  City Council Minutes March 3, 2020 CONSENT ITEMS Councilmember Williamson requested to pull Item 3 from the Consent Items. Ordinances 3. 1st Reading by Title Only of an Ordinance Amending Provisions of the Administrative Citations Code Pertaining to the Advance Deposit hardship Waiver (City Code section 1-9.55) and Adopt a Resolution to Update the Administrative Citations and Parking Violations Fine Schedule (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, Adopted Resolution No. 20-022 C.S. (4-1, Councilmember Williamson voting no) City Attorney Davi gave the staff presentation and answered Councilmembers' questions. Mayor Roberson opened public comments. Bruce Zanetta expressed concern about the City citing cars that are marked for more than 72 hours. The Council discussed the matter. A concern was shared that people may have true financial hardships but not qualify for public benefit programs or fall within identified income guidelines. It was stated that the language in the documents included in staff's recommendation would address the unusual circumstance when individuals may not qualify for public benefit programs or within the identified income guidelines but still have a true financial hardship. It was suggested to adopt the ordinance and monitor the program, and make modifications at a later date if the need for changes arises. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, the City Council introduced by Title Only, waived full reading, and passed to print the first reading of an Ordinance Amending the Eligibility Criteria to Receive an Advance Deposit Hardship Waiver for an Administrative Citation Hearing Request (City Code section 109.55) and Adopted Resolution 20-022 C.S. to Update the Administrative Citation and Parking Violation Fine Schedule for violations of the City Code and/or the California Vehicle Code: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** *** Adjourn to Closed Session (See additional agenda) *** Mayor Roberson opened public comments on the closed session, and received none. The Council adjourned to closed session at 4:52 p.m. RECONVENE The Council reconvened at 7:02 p.m. 2  City Council Minutes March 3, 2020 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. Acting City Clerk Klein called the roll. CONTINUED PUBLIC COMMENTS Mayor Roberson opened continued public comments on non-agendized matters. Nina Beety shared concerns about radio frequency absorption by bees and health impacts of radiation in 5G networks and continuing Fukushima radiation. Timothy Barrett thanked staff for geotagging bicycle racks and the Healthy Eating Active Living campaign, expressed concern about Wells Fargo Bank's recent settlement as relates to Monterey's responsible banking ordinance and about lack of specific attribution of comments in Council meeting minutes, and said he voted against Measure G. Taylor and Aliyah shared environmental concerns about cruise ships visiting Monterey Bay. Lorna Moffat spoke on behalf of Canadian geese, which she said are treated by Monterey's Parks Department as a nuisance. Carrie Larson shared health concerns relating to the COVID- 19 coronavirus and cruise ships visiting Monterey and asked the City to halt mass gatherings. Dave echoed concerns about cruise ships and asked Council and staff if they are doing everything in their power to protect Monterey Bay. City Manager Uslar responded to Ms. Moffat's comments and said that the City does not currently pursue Canadian geese with respect to their eggs, and does not employ dogs to chase the geese. PUBLIC APPEARANCE -- Item Added as Agendized on Separate Addendum Agenda 3.5 Council Agendize Immediate Consideration to Increase FY19/20 General Fund Appropriation by $35,000 to Prepare and Respond to COVID-19 and Adopt a Resolution Approving the Appropriation. This request is made pursuant to Government Code 54954.2(b)(2). (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Agendized the matter; Adopted Resolution No. 20-023 C.S. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council first voted to agendize the matter pursuant to Government Code 54954.2(b)(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) Mayor Roberson read aloud from the proposed resolution. City Manager Uslar reported on the City's actions to address concerns about the COVID-19 virus. He said that there are no regulations in place that would be applied to a ship that has sailed in waters not considered at high risk to COVID-19 exposure. He shared CDC best practices to limit exposure and spread of the virus. He reiterated that the City has no legal ability to stop passengers from disembarking from cruise ships at Monterey's harbor. City Attorney Davi recommended that the public watch 3 City Council Minutes March 3, 2020 the video from the Council meeting in September 2019 when Deputy City Attorney Donlon reported on legal matters relating to cruise ships. Mayor Roberson opened public comments. Nina Beety expressed concern about the City's sources for information about COVID-19, and recommended that individuals increase immune system function by increasing intake of fresh fruits and vegetables, clean water, and vitamins C and D, and reducing exposure to radio frequencies. Lorna Moffat expressed concern about Princess Cruises' alleged criminal activity and said that the City should take action against cruise ships. Carrie Larson said that Congressmember Panetta's office staff said that the City issues the permits for cruise ships in Monterey Bay, and said that the City must therefore have the ability to revoke or deny those permits. City Manager Uslar said that statements made by Congressmember Panetta's office staff may have been misconstrued. City Attorney Davi explained that the City is bound by tidelands deed restrictions, which include a requirement to allow disembarkment. The Council discussed the matter. It was stated that it is important to distinguish between facts and false information that creates hysteria. It was suggested that the City should develop a contingency plan with teleconferencing and other ways of conducting continued operations under limitations if it becomes necessary. It was stressed that individuals should listen to doctors and experts for recommended precautions and to avoid panic. It was stated that the City will respond to a threat if it develops, and we all must take responsibilty to prevent the virus' spread. It was noted that the City does have the ability to raise costs associated with cruise ship passenger disembarkment. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 20-023 C.S. to Increase FY19/20 General Fund Appropriation by $35,000 to Prepare and Respond to COVID-19: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 8:02 p.m. and reconvened at 8:22 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting City Clerk Klein announced the following: 1.Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Burlingame Investments, LLC v. City (Monterey County Superior Court Case No. 19CV002850) 2. Custom House, LP (Portola Hotel) v. City (Monterey County Superior Court Case No. 19CV001743) 3. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV004935) 4. Haferman v. City (Monterey County Superior Court Case NO. 19CV003737) 5. Morgan v. City (Monterey County Superior Court Case No. 18CV004527) 6. Stronghold Engineering v. City (Santa Clara Superior Court Case No. 18CV329015) 4  City Council Minutes March 3, 2020 7. In re: Pedro Becerra Marquez (Workers' Compensation Appeals Board and Division of Occupational Safety and Health matters) 8. City v. State Water Resources Control Board (In re: Central Coast Regional Water Quality Control Board Notice of Violation and Enforcement Order Issued June 21, 2019 - 3 27M2000068) (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On all items, reports were received; On item 7, In re: Pedro Becerra Marquez, on a unanimous roll call vote, the Council gave confidential direction to their legal counsel 2. 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), Monterey Fire Fighters Association (MFFA) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Not heard 3. GARCIA, RONALD vs. CITY OF MONTEREY, et al. WCAB No.: Unassigned: Fwd: Conference with Legal Counsel - Existing Litigation Pursuant to Government Code section 54956.9(d)(1) Name of Case: GARCIA, RONALD v. City of Monterey (Workers' Compensation Appeals Board) Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel 4. MADRIGAL, JOSUE vs. CITY OF MONTEREY, et al. 70789: Conference with Legal Counsel - Existing Litigation Pursuant to Government Code section 54956.9(d)(1) Name of Case: MADRIGAL, JOSUE v. City of Monterey (Workers' Compensation Appeals Board) Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel PRESENTATIONS (EVE) 4. Update on Edible Food Rescue Program (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received update Sustainability Coordinator Terrasas introduced the item. Shelly Franklin, Harvard University Extension student, gave the presentation regarding food waste, food insecurity, Senate Bill 1383, and the edible food rescue program. Sustainability Coordinator Terrasas and Ms. Franklin answered Councilmembers' questions. It was suggested by Council for the regional Mayors to work together on expanding the regional food bank system. It was suggested to create a video to increase public outreach. Mayor Roberson opened public comments. Tim Flanagan, Monterey Regional Waste Management District, thanked the City for its leadership on sustainability, and shared highlights of the region's sustainability accomplishments over decades. Mike Becker, Cannery Row Company and California Restaurant Association, cautioned against unintended consequences with relation to food safety. Sustainability Coordinator Terrasas spoke about outreach to other jurisdictions, the State, and stakeholders. 5  City Council Minutes March 3, 2020 The Council discussed the matter and shared thoughts on State mandates. It was requested that staff return to Council to report on this matter again as it progresses. PUBLIC HEARING (EVE) 5. Amend Lighthouse Specific Plan to Apply 12-Foot Third Story Setback to Building Frontages Facing Lighthouse Avenue and Foam Street, and Apply Seven-Foot Third Story Side Yard Setback on Side Streets (Mitigated Negative Declaration Previously Certified) Action: Directed staff to bring forward additional information at the time of the next discussion of the matter: visual diagrams of what various setbacks would look like, including views from above, with a scale; and other data to enable Council to understand the impacts of owners, neighbors, and residents Senior Associate Planner Roveri gave the staff presentation and, together with Community Development Director Cole, answered Councilmembers' questions. Mayor Roberson opened public comments and received none. The Council discussed the matter. It was commented that photographs and empirical data would be appreciated so the Council could better understand the impact, and Community Development Director Cole stated that this would be possible. It was stated that at the time of approval of the 230 Lighthouse Ave. project, the goal was to preserve a neighborly feel with less mass, and side streets were not really considered. It was stated that examples with photographs and specifics regarding setbacks would be appreciated. Views were discussed, and Community Development Director Cole said that views would be hard to show. City Manager Uslar asked for clarification from Council. It was commented by Council that it will be hard to determine a number of feet for setbacks until there is more information available. It was stated that eliminating setbacks as much as possible would be desirable in order to allow for more units. It was stated that going further than the Planning Commission's recommendations would be desired, and allow the developers to design something to fit each space. It was suggested that there could be a standard setback, but that setbacks could be less upon Architectural Review Committee determination that certain criteria were met. Community Development Director Cole discussed housing legislation that was just adopted. She said that if the City has not met its Regional Housing Needs Allocation (RHNA) number by 2023, it will be required to create a checklist for developers to meet, which will be much less subjective with regard to architectural discretion. It was requested by Council to know which streets in Monterey would have views affected by setbacks. It was stated that the mass of a building is not as important as what the building looks like. It was stated that moving forward with the Planning Commission's recommendation would be acceptable, and with the intention to modify later on if need be. Councilmember Williamson introduced a motion, which was seconded by Councilmember Haffa, to approve staff's recommendation but with side street setback of six feet instead of seven. It was stated by Council that this decision merits more information before a vote. The motion's seconder withdrew his second, and the motion failed for lack of a second. Community Development Director Cole summed up Council's requests, saying it sounds like they wish to review visual diagrams of what setbacks look like, with a scale. The Council added 6  City Council Minutes March 3, 2020 that they would like to understand the impacts of owners, neighbors, and residents, and to see a visualization of how various setbacks would appear from views above the area, for example Hawthorne Avenue. City Manager Uslar stated that there will be minimal view impacts, and it will be more a case of Council needing to determine what is tasteful and what they want to see in the side streets. COUNCIL COMMENTS – Agendized 6. Councilmember Williamson’s Request to Agendize a Discussion about Policy Changes Affecting Development of Affordable Housing Units (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Directed staff to bring the three identified topics (scale all fees by square foot, not per unit; defer development impact fees to certificate of occupancy; and reducing commercial space requirements) back to Council within six to eight months Councilmember Williamson asked to hear from staff about a reasonable timeframe for agendizing this matter. It was stated by Council that the City will face serious consequences if it doesn't meet its Regional Housing Needs Allocation (RHNA) goals. City Manager Uslar noted the lack of water and the high workload faced by the Planning Department. He said that items 1 (scale all fees by square foot, not per unit) and 2 (defer development impact fees to certificate of occupancy) on Councilmember Williamson's list are already in progress. He said that City staff is working right now on ways to address RHNA goals. It was stated that a timeframe of six to eight months would be reasonable for agendizing the third topic of reducing commercial space requirements. It was stated that it would be nice to implement the policy before Council hears another project. It was requested that any and all potential future impact fees by square foot as opposed to per unit. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council directed staff to bring back all three identified topics to Council within six to eight months: Councilmember Williamson asked if the letter of support could be agendized earlier than the six to eight months. Mayor Roberson opened public comments and received none. AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS – General Councilmember Haffa said that he has been busy with the Fort Ord Reuse Authority (FORA)'s winddown and habitat management planning. Councilmember Albert said that City staff did great job to get the Camino El Estero buliding ready for the Monterey Peninsula Chamber of Commerce, and stated they already have more walk-ins at the new location. He reported on a Monterey Regional Waste Management District 7  City Council Minutes March 3, 2020 strategic planning meeting regarding SB 1383 compliance and how it will affect cost at the District and landfill use. Councilmember Williamson said that early election results show that Measure G looks like it will pass. He said he hopes that the City will focus on the other side of the hybrid approach to balancing the budget. Regarding the Neighborhood and Community Improvement Program (NCIP), he said that there has been feedback from the community that the City is so behind on projects already in the queue, that there is a recommendation to utilize some of NCIP's funds to address other looming issues. Regarding governance, he said it is important to make sure that commenters stick to their three minutes, amd that when certain discussions are allowed to go over the three minutes, it can seem like preferential treatment. He suggested there be a consistent three minute allotment and that the City either respond to public comments or not, but be consistent. Regarding Monterey One Water, he said that the Pure Water Monterey purification facility started delivering water into seaside basin on February 6, 2020 and that water is pumping in production of up to 4.9 million gallons per day, higher than estimates had shown. He said that Monterey One Water anticipates having operational reserve in the aquifer by June 1, 2020, and is looking at doing a rate study. Councilmember Smith reported on the recent Transportation Agency for Monterey County legislation day, which he said had a theme of coastal cities and arterial routes to get to 101. He said that discussions were held regarding how grants are awarded, and about transportation safety. He asked the City Manager to agendize the subject of the Highway 156 Corridor, SB 1231, and habitat species mitigation for construction on the 156 Corridor. He reported on his recent attendance at the Association of Defense Communities event in Texas. Mayor Roberson said that celebration of the success of Measure G was in order, but going forward, the City will not be pursuing new programs, and will look at its hybrid approach of balancing the budget. He noted that the vehicle fund, workers compensation, and general liability and self insurance reserves all need attention and that they are outside of the structural deficit. He spoke about the need for a capitalization fund for maintenance and renewal of buildings, funds for Information services and website. He said the City would review its operations for best practices, and ask if it is providing services as best it can. CITY MANAGER REPORTS City Manager Uslar said that City Forester Prouty was awarded Upcoming Professional by the California Parks and Recreation Society. He said that the Cypress tree at the Vasquez Adobe will be removed pursuant to recommendations from multiple arborists. He said that he will send a letter to the Council and neighborhood regarding a path forward for pickleball at Via Paraiso Park. ADJOURNMENT The Council adjourned at 10:20 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 8