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Council Regular Meeting

Regular Meeting

Monterey, CA · June 1, 2021

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 1, 2021 4:00 PM ZOOM TELECONFERENCE 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, Parks and Recreation Director, City Clerk, Human Resources Director, Associate Planner, Deputy Human Resources Manager 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 explained to the public how to participate in the virtual meeting and provide public comment. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. City Clerk Klein called the roll. PUBLIC COMMENTS Public comment on non-agendized matters was not received. CONSENT ITEMS Public comment on the consent items was not received. Councilmember Williamson stated that he would recuse himself from the vote on Item 2 due to his house's location within 500 feet of 940 W. Franklin St. 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 approved the CONSENT ITEMS, with Councilmember Williamson recused from Item 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) Approval of Minutes City Council Minutes June 1, 2021 1. May 18, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 2. 2nd Reading by Title Only of an Ordinance to Rezone 940 W. Franklin Street from R-1-6 to R-1- 6-H-2 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. 3639 C.S. (4-0-1, Councilmember Williamson recused) Resolutions 3. Identify the Rehabilitation of Lighthouse Avenue as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-057 C.S. 4. Approve Removal of the Marked Midblock Crosswalk on Cannery Row between Recreational Trail and Hovden Way North/South (Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 21-058 C.S. *** End of Consent Agenda *** PUBLIC HEARING 5. Appeal of the Planning Commission's Decision to Deny a Request to Remove 508 Del Monte Avenue from the Downtown Area Historic Context Statement and Reconnaissance Survey List; Appellant David How; Owner 508 Del Monte Avenue LLC; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 Action: Adopted Resolution No. 21-059 C.S. Mayor Roberson introduced the item and explained the process for the appeal. He stated that the Council was hearing the matter "de novo" and therefore new information was allowed. He asked the Council to disclose any ex parte communications. Councilmember Smith stated that he spoke to the attorney representing the property owner of 508 Del Monte Avenue to ask a few questions after the attorney reached out. He stated that everything covered in the conversation was covered in the staff report. No further ex parte communications were disclosed. Assistant City Manager Rojanasathira stated that the Youtube stream was experiencing an error. He placed instructions on-screen to allow viewers to connect to the meeting via Zoom and the Council paused to allow sufficient time for members of the public to join. Community Development Director Cole gave the staff presentation, recommending the removal of 508 Del Monte Avenue from the Downtown Area Historic Context Statement and Reconnaissance Survey List, and explained how the staff members and historians evaluated the historic importance of the building. On question, Meg Clovis, Consultant, said that there was no evidence that Japanese employees had worked at the laundry business, and that the Japanese workers had worked outside of the Del Monte Avenue area. On question, Community Development Director Cole explained more about the Reconnaissance Survey and how properties were added to the Reconnaissance Survey List using a broad-brush approach. She said that the more in-depth level of review, the Intensive Survey performed by historian 2 City Council Minutes June 1, 2021 Kent Seavey, had concluded that the property did not have the level of historic importance needed to make the list. Tony Lombardo, attorney for appellant David How, shared a brief history of the application process and the Historic Preservation Commission's and Planning Commission's reviews. He stated that the two commissions appeared to have felt uncomfortable without an independent analysis prepared, and that as a result the City hired Meg Clovis, former County of Monterey historian, to peer-review the work done by Kent Seavey and Dr. Anthony Kirk. He explained the method by which the survey and deeper dive into the building's historical qualifications were conducted. He stated that a portion of the building dated from the earlier 20th century, and said that the building overall did not qualify as a historic structure for specific reasons: it did not embody a distinctive style or characteristics, it did not represent the work of a master, it did not contain high artistic value, and that all three historical experts described a lack of architectural integrity in the building due to the numerous alterations to the building over the years. He said that laundry was not an occupation that Japanese immigrants to Monterey had been particularly involved in because their main occupation in the early 20th century was fishing. He asked Kent Seavey to speak further to the history. Kent Seavey shared a brief history of Del Monte Avenue and its industrial activities. He said that he had never seen any evidence that early Japanese workers had been associated with the laundry business at the site. Public comment was not received on the matter. Mayor Roberson invited Tony Lombardo to make any final comments. Tony Lombardo spoke to the potential future use of the space, stating that due to the building's former use as an industrial laundry, it has water credits sufficient to make it a significant opportunity for additional housing and commercial space. He said that it is not likely to be an industrial laundry again and that a liquor store is not unique to the City. He stressed that the building has a lot of potential for reuse because of its former use, and stated that he and his client agreed with the staff recommendation and requested that the Council support the staff recommendation and the work of the three excellent historians to conclude that the property is not historical. On question, Community Development Director Cole said that the peer review provided by Meg Clovis was new information that had not been provided to the Historic Preservation Commission (HPC) or the Planning Commission. The Council discussed the matter. It was stated that because half of the building dated from the 1960s its removal from the list was worth consideration, but that the facade looks historic and that it is difficult to think about going against the rulings of the HPC and Planning Commission. It was questioned whether the more historic-looking 1920s-era façade could be retained even if the building were removed from the Reconnaissance Survey List. City Attorney Davi said that the action before the Council was to determine whether the property should or should not be on the list. She said that a statement of Council's desires could be made but that it would not be binding. It was stated by the Council that the building had already been changed and did not look as much like the 1920s building anymore. It was stated that it was important to consider the conclusion of the three historic experts. It was stated that the City of Monterey truly values its history and that this matter showed how important history is as a value to the City. It was stated that the historical designation must be used cautiously so as to remain meaningful, and it was 3 City Council Minutes June 1, 2021 suggested to add a plaque to historic buildings. It was stressed that the experts had noted that the building did not meet the required criteria. It was noted that the area is ripe for a refresh. It was stressed that Mr. Taufner was historically relevant and had made significant contributions to the area's architecture. It was stated that the HPC and Planning Commission did not have the advantage of the impartial outside review and that the extra evidence enabled support of the staff recommendation. Support was expressed for the appeal as well as for a historical memorial recognizing Mr. Taufner. 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 adopted Resolution No. 21- 059 C.S. to approve the Appeal of 508 Del Monte Avenue; AP-21-0020 Appealing the Planning Commission’s Denial (Resolution P21-003) of HP-20-0222 to Remove the Property from the Downtown Area Historic Context Statement and Reconnaissance Survey List: 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 6. Recognize June 2021 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2021 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-060 C.S. City Manager Uslar and Councilmember Williamson introduced the item. Councilmember Williamson provided history and context for how much work is still needed for acceptance and rights of the Lesbian, Gay, Bisexual, Transgender, Queer or Questioning, Intersex and Asexual (LGBTQ+) community. Everyone was invited to do more as allies to support their neighbors and friends who they may not know are members of the LGBTQ+ community. It was stressed that we are all alike and all different, and that we need to support each other and stand up together against discrimination. Public comment was not received on the matter. On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 21- 060 C.S. to Recognize June 2021 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2021: 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 Mayor Roberson said how pleased he will be to attend the Monterey High School graduation this evening. 4 City Council Minutes June 1, 2021 Councilmember Albert conveyed congratulations and gratitude to Boardmember Bales who he said is retiring from the Monterey Regional Waste Management District after serving for 52 years. Councilmember Smith congratulated all of the local graduates, wished them luck, and asked older generations to support young people in being successful. Councilmember Haffa said that he helped the local Kiwanis with a parks maintenance project, which he said was ongoing and could use more volunteers. He encouraged all to volunteer on any fourth Tuesday afternoon to maintain the park along the Recreational Trail. Councilmember Williamson thanked the Council for supporting the LGBTQ+ Pride resolution. CITY MANAGER REPORTS City Manager Uslar announced the start of the Monterey Public Library's Summer Reading Program and encouraged all to participate. ADJOURNMENT The Council adjourned at 5:14 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 5

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, June 1, 2021 Tyller Williamson, Councilmember 4:00 PM – 6:00 PM City Manager Zoom Teleconference Hans Uslar Monterey, California IMPORTANT NOTICE: Pursuant to Governor Newsom's Executive Orders N-29-20 and N-33- 20, and to do all we can to help slow the spread of COVID-19 (coronavirus), meetings of the Monterey City Council and its Boards and Commissions are being conducted with virtual (electronic) participation only. BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These emails and text messages are shared with the Council or relevant Board or Commission prior to the start of the meeting, but are not read aloud. All comments become part of the record and are made available online at https://monterey.org/submitted-comments DURING EACH MEETING: Join the ZoomGov Webinar to participate or watch the meeting live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1610255836  Or by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646- 828-7666 (New York, NY). If one number doesn’t work, please try another. o Enter Webinar ID: 161 025 5836 # o If prompted to enter a participant ID, press #  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. This meeting will also stream live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda *** 4:00 – 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. 6/1/2021 4:00:00 PM CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 1. May 18, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Ordinances ORDINANCES are legislative acts by the Council, are the most permanent and binding type of Council action as they modify the City Code, and may be replaced only by a subsequent ordinance. An ordinance requires legal advertisement when introduced, and two readings at separate Council meetings. An ordinance is considered "passed to print" when approved for a second reading, and is "passed and adopted" when given final approval by the Council. 2. 2nd Reading by Title Only of an Ordinance to Rezone 940 W. Franklin Street from R-1-6 to R-1-6-H-2 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) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 3. Identify the Rehabilitation of Lighthouse Avenue as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4. Approve Removal of the Marked Midblock Crosswalk on Cannery Row between Recreational Trail and Hovden Way North/South (Article 19, Section 15301, Class 1) *** End of Consent Agenda *** Adjourn to City Council Meeting PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).) 5. Appeal of the Planning Commission's Decision to Deny a Request to Remove 508 Del Monte Avenue from the Downtown Area Historic Context Statement and 2 6/1/2021 4:00:00 PM Reconnaissance Survey List; Appellant David How; Owner 508 Del Monte Avenue LLC; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA Requirements per Article 19, Section 15305, Class 5 PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 6. Recognize June 2021 as LGBTQ Pride Month and Authorize Pride Flag Display at City Hall for the Month of June 2021 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) COUNCIL COMMENTS Councilmembers may ask a question for clarification or make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter (G.C. 54954.2). CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Comment may be made via the method described in the Important Notice (re: COVID-19) at the top of the agenda. Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: https://monterey.org/submitted-comments Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Media Productions (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Fax: (831) 646-3793 Email: suggest@monterey.org WebPage: http://www.monterey.org The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communication-related assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech- to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at 3 6/1/2021 4:00:00 PM (831) 646-3935 to coordinate use of a device. Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 4

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