Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 20, 2020 4:00 PM 7:00 PM MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith (evening session only), Williamson, Roberson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Finance Director, Parks and Recreation Director, City Clerk, Human Resources Director, Library Director, Fire Chief, Parks Operations Manager, Urban Forester, Principal Planner 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 4:02 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 Councilmember Smith absent during the afternoon session. PUBLIC COMMENTS Public comment on non-agendized matters was received from Bob Petty. PUBLIC APPEARANCE 1. Receive Library Facility Feasibility Study report, and refer the report to City staff to consider within the framework of City-wide future capital improvement planning (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation, discussed Library & Museums Director Waite introduced Dawn Merkes, Group 4 Architecture, who gave the presentation. Both answered Councilmembers' questions. The Council commented that they should aspire to make a significant investment, and support was expressed for the plan that would provide the greatest community impact. It was stated that this would be at least the Level 3 plan, and probably Level 4. It was suggested that Measure Y funds, if the measure passes, would be a possible source of funding for this or other infrastructure projects. Public comment was received from Nancy Soule, who shared parking concerns, and from Library Board Trustees Bob Petty and Jim Thomson, who shared their perspectives on the study and the Library's future.  City Council Minutes October 20, 2020 PUBLIC HEARING 2. Recommend that the City Council Adopt Substantial Amendments to the 2019/2020 and 2020/2021 Annual Action Plans for Community Development Block Grant Funds, and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26) Action: Adopted Resolution No. 20-156 C.S (4-0-1, Councilmember Smith absent) Housing Analyst Leonard gave the staff presentation. Vice Mayor Haffa updated Council on the upcoming Casa Noche Buena transitional housing project. 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- 156 C.S. to Adopt Substantial Amendments to the 2019/2020 and 2020/2021 Annual Action Plans for Community Development Block Grant Funds, and Authorize Submittal to HUD: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:24 p.m. RECONVENE The Council reconvened at 7:01 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. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Kala Fossum. CONSENT ITEMS Mayor Roberson noted that Item 4 would be continued to the November 3, 2020 Council meeting. Public comment was not received on the Consent Items. 2  City Council Minutes October 20, 2020 On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 5 and 7, and continued Item 4 to November 3, 2020: 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 3. October 6, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 4. Award a Construction Contract in the Amount of $927,900 to Avila Brothers, Inc. for the Waterfront Resources Recovery Facility Project (30c1513) (Exempt from CEQA requirements per Article 19, Section 15303, Class 3) ***CIP*** Action: Continued to November 3, 2020 Ordinances 5. Adopt an Interim Urgency Ordinance to Comply with State Law and to Create a Maximum Height Limit of Sixteen Feet for Accessory Dwelling Units to Comply with State Law by Adding Municipal Code Chapter 38, Article 17, Section 38-112.6 Accessory Dwelling Units (Not a Project Under CEQA per Article 20, Section 15378, California Public Resources Code 21080.17 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Ordinance No. 3626 C.S. City Manager Uslar answered Councilmembers' questions. Public comment was received from Kathryn Avila, who spoke against the urgency ordinance. It was stated by Council that the Planning Commission and Planning staff will further look into how accessory dwelling unit (ADU) heights can work in different parts of the City, and will return to Council with information and recommendations. On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council adopted Ordinance No. 3626 C.S. to Comply with State Law and to Create a Maximum Height Limit of Sixteen Feet for Accessory Dwelling Units to Comply with State Law by Adding Municipal Code Chapter 38, Article 17, Section 38-112.6 Accessory Dwelling Units: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3  City Council Minutes October 20, 2020 6. 2nd 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: Adopted Ordinance No. 3627 C.S. 7. 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) -- Continued from October 6, 2020 City Council Meeting Action: Pulled from Consent; Adopted Ordinance No. 3628 C.S. The Council noted that they received a letters suggesting alternative time periods for leaf blower use. On question, City Manager Uslar provided clarification on the existing noise ordinance. Public comment was received from: Susan Nine, with questions about compliance; John Sherwin, who shared suggestions; and Kathryn Avila, with concerns about the time limit. The Council discussed various possibilities for the time limit. Support was expressed for limiting usage to between 8 a.m. and 5 p.m., and it was noted that changes can be made in the future if needed. 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 Ordinance No. 3628 C.S. Prohibiting Fuel Leaf Blowers Within Residential Lots and Limiting Hours of Leaf Blower Use Throughout the City: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 8. 2nd 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: Adopted Ordinance No. 3629 C.S. Resolutions 9. Amend Resolution 15-215, the Master Fee Schedule to Update Forestry Division Fees and to Make Other Clerical Revisions (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-157 C.S 10. Authorize Application for Regional Early Action Planning (REAP) Grant Funds and Entering Into Any Agreements for Receipt of Funds (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 20-158 C.S *** End of Consent Agenda *** 4  City Council Minutes October 20, 2020 PUBLIC APPEARANCE (EVE) 11. Review Concept and Provide Initial Policy Guidance Within Priority B Area of Window on the Bay to Consider Housing as an Allowed Use and to Consider Building Footprint Expansion (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Tabled Mayor Roberson announced that staff had recommended tabling Items 11, 12, and 13 in order to take more time to consider the issues and policies. Public comment was received on Items 11, 12, and 13 from: Safwat Malek, Christopher Barlow, Derek Wu, and Randy Russom, who spoke in favor of the project proposed in Item 11; Rick Heuer, who spoke in favor of tabling Item 11 and critical of prejudging projects; Richard Ruccello, Tom Rowley, and Nina Beety, who spoke in favor of tabling all three items due to participation limits during the COVID-19 pandemic; Bradley Schoch, Aguajito Community Association, and Gary Hoffmann, who spoke against the project proposed in Item 12; Brad Slama and Michael Gross, who spoke in favor of the project proposed in Item 13; and Lee Whitney, Glenwood Neighborhood Association, who spoke in favor of tabling Item 12. The Council recessed at 8:30 and reconvened at 8:40 p.m. The Council discussed the matter. Citing procedural concerns, tabling all three items was supported. Concern was expressed about the possibility of CEQA challenges that could be associated with the Council conducting early concept reviews. It was stated that broader outreach to the public would be appropriate. It was stated that a project that requires significant affordable housing is not inconsequential, and the matters should be tabled with a plan for more full and complete engagement to hear from all stakeholders. City Manager Uslar clarified that staff did not request any decision from Council either for or against the projects. He said that the projects will come forward through the formal application process. It was commented by Council that the concept review process was similar to reviewing a subject matter in a study session. It was stressed that the Environmental Impact Review (IEIR) process will be beneficial in the project review process. The steps were described in which the projects will make their way through the process. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council tabled Items 11, 12, and 13: 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. Review Concept and Provide Initial Policy Guidance for a Potential Planned Community Multi- Family Housing Project to Construct Up to 200 Units with Twelve New Two-Story Buildings, West of the Intersection at Barnet Segal Lane and Iris Canyon Road (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Tabled 5  City Council Minutes October 20, 2020 13. Review Concept and Provide Initial Policy Guidance to Allow Direct Access to and Expansion of Maximum Floor Area for Limited Warehousing and Storage Use Classification Within Monterey Regional Airport Safety Zone 5 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Tabled COUNCIL COMMENTS Councilmember Smith reported on the recent League of California Cities' Annual Conference and updated the Council on Section 230 of the Communications Decency Act, which he said will be brought to League committees for consideration of potential reform. Councilmember Albert reported on a new Monterey-Salinas Transit project called SURF! Busway and Rapid Transit Project, which he said was currently in the CEQA process. He reported that the Transportation Agency for Monterey County (TAMC) had already committed Measure X funding to the project. He said that he would like to see the Council pursue an ordinance further limiting smoking in public places. Councilmember Williamson provided an update about the status of wells under repair at Monterey One Water’s Pure Water Monterey project. He reported that two additional deep wells are being added, are currently out for bids, and will be developed in the next year. CITY MANAGER REPORTS None were made. *** Adjourn to Closed Session (See additional agenda) *** Public comment was not received on the closed session. The Council adjourned to closed session at 9:14 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 1. Public Employee Performance Evaluation (City Manager) Pursuant to Government Code section 54957(b)(1) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: A performance evaluation was started and on a unanimous roll call vote was continued to October 28th. ADJOURNMENT The Council adjourned at 9:56 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 6