Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 6, 2020 4:00 PM 7:00 PM MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith (afternoon session only), 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, City Clerk, Human Resources Director, Library Director, Deputy Human Resources Manager, Associate Planner, Associate Planner, Fire Chief Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting was conducted with telephonic/video participation only by all parties. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. Assistant City Manager Rojanasathira provided details on how to participate and provide public comment during the meeting. City Clerk Klein called the roll with the full Council present for the afternoon session. PUBLIC COMMENTS Public comment on non-agendized matters was received from Bob Petty. CONSENT ITEMS No public comment was received on the Consent Items. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 3 and 5: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 1. September 15, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 2. September 16, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)  City Council Minutes October 6, 2020 Action: Approved Award of Construction Contracts 3. Award Construction Contract in the Amount of $1,258,847 to Granite Construction Company for Citywide Road Rehabilitation, Phase 1 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S*** Action: Pulled from Consent, Adopted Resolution No. 20-148 C.S. Public Works Director Wittry gave a brief overview of the item and answered Councilmembers' questions. No public comment was received. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 148 C.S. to Award a Construction Contract in the Amount of $1,258,847 to Granite Construction Company for Citywide Road Rehabilitation, Phase 1 ***Measure S***: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Ordinances 4. 1st Reading by Title Only of an Ordinance to Create an Administrative Procedure for Declaring Dogs to be Potentially Dangerous and Vicious (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed to print as amended 5. 2nd Reading Ordinance -- Prohibiting Fuel Leaf Blowers Within Residential Lots and Limiting Hours of Leaf Blower Use Throughout the City (Not a Project per CEQA Article 20, Section 15378) Action: Pulled from Consent, Continued the second reading to October 20, 2020, amending the timeframe for leaf blower use to 8 a.m. to 5 p.m. It was suggested by the Council that the City create a policy in the future to allow short-term, temporary use of gas blowers for site cleanup in construction projects such as trenching and undergrounding. Public comment was received from Bob Petty, who suggested the Council extend the time period allowed for leaf blower use. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council continued the second reading o:rdinance to October 20, 2020, amending the timeframe for leaf blower use to 8 a.m. to 5 p.m. AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 2  City Council Minutes October 6, 2020 Resolutions 6. Authorize the Appropriation of $7,556 in “Homelessness Donation Meter” Designated General Funds for the Casa de Noche Buena Emergency Shelter for Women and Families with Children (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-149 C.S. 7. Approve (Ratify) the FY2020/21 Salary Schedules for Regular Full-Time and Regular Part-Time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-150 C.S. 8. Ratify Order of the Director of Emergency Services (Monterey City Manager) Suspending Monterey City Code section 25-10.06 (Promotion Eligibility During Probationary Period) During The Local Emergency (Exempt from CEQA per Article 20, Section 15378) Action: Adopted Resolution No. 20-151 C.S. Other 9. Receive Mayor’s Recommendations and Make Appointments to the Architectural Review Committee, Building and Housing Appeals Board, Disabled Access Appeals Board, and Library Board of Trustees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Shelly Schmidt to the Architectural Review Committee, Kim Barber (member) and Kathleen White (alternate) to the Building and Housing Appeals Board, Kathleen White to the Disabled Access Appeals Board, and Jennifer Fellguth and Bob Petty to the Library Board of Trustees, all for terms expiring June 30, 2024 *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda 10. 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) -- Continued from September 15, 2020 Action: Received report Public comment was received from Bob Faulis, who shared an update on legal status of the Ruby Falls Fund. Adjourn to City Council Meeting PUBLIC HEARING 11. 1st Reading by Title Only of an Ordinance to Rezone 260 Laine Street from R-3-5 to R-3-5-H2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Passed Ordinance to print, Adopted Resolution No. 20-152 C.S. Associate Planner Sabdo made the staff presentation. 3  City Council Minutes October 6, 2020 Public comment was received from Donna Wagner and Bob Faulis, who spoke in favor of the historic rezone and Mills Act contract. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council passed to print the first reading of the Ordinance to Rezone 260 Laine Street from R-3-5 to R-3-5-H2 as a City Historic Resource, and Adopted Resolution No. 20-152 C.S. to Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures): AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Deny Appeal of Planning Commission's Decision to Approve a Single-Story Addition at the Single Family Dwelling at 816 Lily Street; Appellant Catherine Badin; Owners Carolee Bird and Mary Ellend Eglington; R-1-5 Zoning District; Low Density Residential General Plan Designation; Exempt from CEQA Requirements Per Article 19, Section 15301, Class 1 Action: Adopted Resolution No. 20-153 C.S. Mayor Roberson asked the Council to disclose any ex parte communications. He stated that he spoke with Ms. Badin, the appellant, in response to her outreach. No other disclosures were made. Mayor Roberson stated that the appellant might not call in, but her letter had been received and placed in the record, and was received and read by the Council. City Attorney Davi explained the order of actions to ensure a fair process hearing. Senior Associate Planner Schmidt gave the staff presentation, outlining the reasons for the staff recommendation of denial of the appeal of the Planning Commission's decision, and answered Councilmembers' questions. Applicant Dan Bird said that the letter included in the Council outlined the reasons his project should move forward. He stated that the project meets all City guidelines, followed all City processes, and received unanimous Architectural Review Committee and Planning Commission approval. He clarified that there are no hills in that direction, there are treetops, and stated that the appellant will have a wonderful view of a tree that is within 15 feet if she shifts her seat. He asked the Council to resolve the appeal so that he could get the remodel started and move his family into the home. Appellant Catherine Badin was not present at the hearing. Assistant City Manager Rojanasathira stated that Ms. Badin had submitted a letter instead of appearing during the meeting. Mayor Roberson stated that Ms. Badin's letter outlined the appeal, and that the Council had received the letter and read it, and it was placed in the public record. No public comments were received. A motion was introduced by Councilmember Albert, and seconded by Councilmember Smith, to adopt Resolution No. 20-153 C.S. to Deny the Appeal of Planning Commission's Decision to Approve a Single-Story Addition at the Single Family Dwelling at 816 Lily Street. In support of the motion, it was stated by Council that changes to height and mass in homes next to other homes are always sensitive. It was stated that from the photographs shown, the proposed project was reasonable and wouldn't unduly impact the neighbor's views. It was 4  City Council Minutes October 6, 2020 stated that the appellant seems to have a very nice view, which would be retained. It was stated that in New Monterey, people have been taking good care of their homes and adding on, and that the applicant's proposal was appropriate, thoughtful and well designed and considerate of surrounding neighbors. The motion carried by the following vote, which was conducted by roll call: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 13. Amend Resolution 19-115 Authorizing Changes to the Fiscal Year 2020-21 Budgets for the Various Other Funds and Capital Improvement Projects (Not a Project Under CEQA Article 20, Section 15378 and under General Fule Article 5, Section 15061). Action: Adopted Resolution No. 20-154 C.S. Finance Director Lai gave the staff presentation, and answered Councilmembers' questions together with City Manager Uslar and Public Works Wittry. No public comment was made. The Council discussed the matter. Comments were made in favor of improvements to the transportation system. It was requested to add a public engagement element to the City's COVID-19 response mission statement. 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 Resolution No. 20- 154 C.S. to Amend Resolution 19-115 Authorizing Changes to the Fiscal Year 2020-21 Budgets for Various Other Funds and Capital Improvement Projects: 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 5:25 p.m. and reconvened at 7:02 p.m. with Councilmember Smith absent. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Lorna Moffat and Tom Rowley. 5  City Council Minutes October 6, 2020 PRESENTATIONS (EVE) 14. Receive a Presentation by the Monterey County Office of Emergency Services on the Update Process of the Multi Jurisdiction Hazard Mitigation Plan (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Kelsey Scanlon, Monterey County Office of Emergency Services, gave the presentation. Public comment was made by Lorna Moffat, who asked about earthquake susceptibility, The Council commented favorably on the presentation and stressed the need to work proactively to protect Monterey from the risk of wildfire. PUBLIC APPEARANCE (EVE) 15. City Council Resolution Declaring the Council’s Commitment and Support to Achieve Racial Equity and to Promote Diversity and Inclusion and Consider Supporting Proposition 16 (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-155 C.S. as amended (4-0-1, Councilmember Smith absent) City Manager Uslar gave the staff presentation. Public comment was received from Lorna Moffat, who spoke about racism. The Council discussed the matter. Police Chief Hober was praised and it was stated that his ideas about how to grow and improve in the future would be welcomed. It was stated that the City is dedicated to making changes so that everyone will feel welcome in Monterey. It was suggested to draft a timeline for making changes within a year. It was stated that an ideal resolution would have data and details that would reflect the history of the City of Monterey, including information about Native Americans and low wage workers that drive the economy. It was suggested to task the Historical Preservation Commission to prepare information on the City's history regarding race. It was suggested to look at policy and decision-making around policing issues. It was stated that passing the resolution is important, and that further additions and improvements can be made in the future, such as in December when staff will bring the matter back to Council. It was stated that the resolution is just a beginning and should be, like the budget, a live document that can grow and expand over the course of the year. Suggestions were made by Council that a future version of the resolution would: include housing and how lack of affordability affects communities of color; reference Monterey's own history, including local Native American tribes, and diversity of low-wage workers in hospitality and how they drive our economy; refer to statuses including ethnicity, nationality, gender identity, age, physical and mental capabilities, religious beliefs, and socieoconomic status; identify discrimination specifically; include language about protecting the constitutional rights of Monterey's residents including the right to be free of discriminatory practices. When discussing policing in the future, it was requested to receive specific statistics, such as data on the races of suspects reported to dispatch. It was stated that the police are relied upon for all social issues, and it was stated that the City should find ways to pull back on that to value resources appropriately and let the police do what they need to do. It was urged to be proactive instead of reactive, and to work with local municipalities to address some issues as a region. It was stated that Monterey should prioritize investment into appropriate City services. 6  City Council Minutes October 6, 2020 It was proposed to address some of the referenced concerns by adding the following language to the resolution: G) The high cost of housing and lack of affordable housing in Monterey perpetuates racial and social inequities. H) Directs the Historic Preservation Commission to re-examine our history to ensure that the diversity of peoples who contributed to our city history are equitably represented. It was stated that the Monterey Police Department is a model of community policing. It was stated that COVID has hit people of color and people with lesser means harder, and that people with lesser means live in areas that are more environmentally damaged. Regarding Proposition 16, it was stated that it may be a slippery slope for the City to support, or speak against, ballot measures. It was stated that a very large percentage of the electorate has already voted, or is about to vote, early. On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 20- 155 C.S. Declaring the Council’s Commitment and Support to Achieve Racial Equity and to Promote Diversity and Inclusion, as amended to include the proposed "G" and "H" language: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. City Manager’s Update on Covid-19 Response Efforts (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received update City Manager Uslar gave the staff presentation. It was suggested by Council that the City work with the County to work in support of each other. It was noted that there are groups that can help get the word out about rental assistance. It was suggested to promote the program more, using social media and media resources. Public comment was received from Esther Malkin, who spoke about the County's rental assistance program. COUNCIL COMMENTS Councilmember Williamson, Councilmember Haffa, and Mayor Roberson shared appreciation for working with the Councilmembers and the City staff. Councilmember Albert gave suggestions on the Council calendar. CITY MANAGER REPORTS City Manager Uslar shared the City staff’s appreciation of the Council for their hard work. *** Adjourn to Closed Session (See additional agenda) *** The Council did not adjourn to closed session, and no closed session was held. 7  City Council Minutes October 6, 2020 ADJOURNMENT The Council adjourned at 8:52 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 8