Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 3, 2022 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson, Roberson* Absent: None * Attended remotely by teleconference City Staff City Manager, City Attorney, Community Development Director, Public Present: Works Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, City Clerk, Property Manager, Associate Planner, Police Lieutenant, Associate Planner ***Afternoon Session Agenda *** CALL TO ORDER This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-028 C.S. Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Mayor Roberson introduced the Council, who attended with a combination of in-person and teleconference attendance as highlighted above. PRESENTATIONS 1. Overview of Casa de Noche Buena on its First Anniversary (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received presentation Robin McCrae, Community Human Services, and Staci Alziebler-Perkins, Gathering for Women, gave the presentation on the first year of the Casa de Noche Buena shelter, and answered Councilmembers' questions. Public comment was not received. PUBLIC COMMENTS Public comment on non-agendized matters was not received. CONSENT ITEMS Public comment on the Consent Items was not received.  City Council Minutes May 3, 2022 On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS: 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 2. April 19, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved Ordinances 3. 2nd Reading - Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5 , Section 15061) Action: Adopted Ordinance No. 3649 C.S. Resolutions 4. Authorize Professional Services Agreements with Architectural Resources Group, Inc.; Dudek; and Page & Turnbull, Inc. for a not to exceed amount of $200,000 Each, to Provide On-Call Cultural Resource Preservation Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-044 C.S. 5. Authorize Professional Services Agreements with Denise Duffy and Associates, Inc.; Dudek; Dyett & Bhatia, Urban and Regional Planners; EMC Planning Group, Inc.; Economic & Planning Systems, Inc.; and Rincon Consultants, Inc. for a not to exceed amount of $700,000 each for On-Call Housing, Planning, Economic, and Environmental Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-045 C.S. 6. Authorize Professional Services Agreement with Columbia Telecommunications Corporation (CTC Technology & Energy) for a Not to Exceed Amount of $200,000, to Provide Engineering Services to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-046 C.S. 7. Approve the Annual Contribution for FY 2021/2022 to the Fisherman's Wharf Association in the Amount of $25,607 (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-047 C.S. 8. Notice of Intent to Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue, Monterey, Effective July 1, 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2  City Council Minutes May 3, 2022 Action: Adopted Resolution No. 22-048 C.S. 9. Notice of Intent to Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Avenue, Monterey, Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-049 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 10. 2nd Reading of an Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory Dwelling Unit Development Standards (MCC 38-112.6) (Statutorily Exempt from CEQA per Article 18, 15282(h) and Public Resources Code Section 21080.17) Action: Adopted Ordinance No. 3650 C.S. Senior Associate Planner Schmidt gave a brief verbal presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Ordinance No. 3650 C.S. Amending Chapter 38 of the Monterey City Code Related to Accessory Dwelling Unit Development Standards (MCC 38- 112.6) (Statutorily Exempt from CEQA per Article 18, 15282(h) and Public Resources Code Section 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) *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:35 p.m. RECESS The Council recessed at approximately 5:20 p.m. RECONVENE The Council reconvened at 7:00 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with the Council present with a combination of in-person and teleconference attendance as highlighted above. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE 3  City Council Minutes May 3, 2022 Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Lance Koehler and Christina Riddoch. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs1. Conference with Legal Counsel, Existing Litigation pursuant to Government Code section 54956.9(d)(1) City of Arcata, et al (incl. City of Monterey) v. Pacific Gas & Electric Company (San Francisco Superior Court Case No. CCC-20-585483) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unaninous roll call vote, the Council gave confidential direction to legal counsel cs 2. Public Employee Performance Evaluation Pursuant Government Code Section 54957(b)(1): City Attorney (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken PUBLIC HEARING (EVE) 11. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Chapter 38 Section 38-15 to Establish a Bicycle/Equipment Rentals Use Classification and Section 38-44 to Add Bicycle/Equipment Rentals as a Principally Permitted Use in the Open Space Zoning District and Adopt Resolutions Amending the Lighthouse Specific Plan and the Downtown Specific Plan to Allow Bicycle/Equipment Rentals as a Principally Permitted Use; Applicants Mark Marquez and Joaquin Sullivan; Exempt from CEQA per Article 19, Section 15305, Class 5 Action: Adopted Resolution Nos. 22-050 and 22-051 C.S.; Waived First Reading and Passed Ordinance to Print; All as Amended to Permit Rentals of Class 1 and Class 2 Bicycles Associate Planner Buggert gave the staff presentation and answered Councilmembers' questions. Public comment was not received. The Council discussed the matter. Questions were raised regarding Class 1 and 2 bicycles and their relative safety with regard to throttles, speed, and the Recreational Trail ("Rec Trail"). It was stated that it could be too restrictive not to allow Class 3 bicycles to be rented and ridden elsewhere in the area besides the Rec Trail. On question, Community Development Director 4 City Council Minutes May 3, 2022 Cole explained that the Planning Commission heard public feedback about concerns relating to Rec Trail safety, and made a more conservative recommendation. Concern was stated about limiting the opportunity for alternative modes of transportation. It was stated that the issue of Class 3 bicycles on the Rec Trail is a separate safety issue. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Albert, to adopt Resolutions No. 22-050 and 22-051 C.S., and waive further reading and pass to print the Ordinance to Amend Monterey City Code Chapter 38, all as amended to Permit Rentals of Class 1 and Class 2 Bicycles. City Manager Uslar stated that the bicycle rental companies are self-policing and already renting Class 1 and Class 2 bicycles. He said it would be important to be mindful of past efforts to have electric bicycles removed from the Rec Trail due to safety issues. It was requested by Council for staff to come back at the second reading with more information about the different classes of bicycles and whether any bicycle rental shops are renting Class 3 bicycles. It was stated that there is an opportunity for the City can support increased bicycle paths. It was stated that this matter posed an opportunity to add language stating that Class 3 is strictly restricted and not allowed on the Rec Trail. It was stated that the City should also look at other motorized modes of travel and related safety issues on the Rec Trail. The motion carried by the following roll-call vote: 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 Councilmember Albert reported on his recent attendance at the Monterey Peninsula Chamber of Commerce awards dinner. He praised Deneen Guss, Monterey County Office of Education Superintendent, who he said received the Public Official of the Year award. He said that he is hearing from the community about a few upcoming budget proposals. He said that Monterey Regional Waste Management District approved a fee increase for haulers due to additional costs incurred by compliance with SB 1383. Councilmember Haffa shared that he participates in a program through an app called Litterati that documents trash, and said that the data could help the City to mitigate issues and develop new policies. Councilmember Williamson reported that he attended the recent National Association for the Advancement of Colored People (NAACP) banquet. He reported on Monterey One Water (M1W)'s receipt of the City of Monterey's letter and requests, saying that M1W staff felt uncomfortable giving specifics of water supply and allocation, because it is tied up with State Water Resources Control Board (SWRCB) processes, but said there was an agreement that they could provide timeframes with regards to the Pure Water Monterey expansion project. He stated that the M1W Board did not feel comfortable with the second request in the letter, regarding expressing support for asking the SWRCB to lift the cease and desist order. He said that M1W has hired consultants to help with federal state and local legislative advocacy efforts, 5 City Council Minutes May 3, 2022 and that he hoped the region could work together to pursue funding that is only available to municipalities. Councilmember Smith reported on teaching a Monterey County Hospitality Association training on campus at CSUMB. He reported that Transportation Agency for Monterey County (TAMC) has received historic handrail applications and City of Marina staff is assisting with considering the applications. He said that there had been a newspaper article about the Osio Theater and said it was worth watching what happens He praised Monterey Police Department for their recent work leading to a homicide arrest. Mayor Roberson reported from the Monterey Peninsula Water Management District and said that the COVID-19 era policy allowing outdoor restaurant seating without additional water credits has been extended for one year. He reported that a State Senate bill seeks to reduce the statewide water conservation standard. CITY MANAGER REPORTS None made ADJOURNMENT The Council adjourned at 8:12 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 6