Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 17, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia**, Haffa, Smith, Williamson Absent: None * Attended remotely by teleconference in evening ** Attended remotely by teleconference in afternoon and evening City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Public Works Director, City Clerk, Senior Administrative Analyst (Public Works), General Services Superintendent, Deputy Human Resources Manager, Senior Engineer 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. 22-159 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:04 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized DLI Quarterly Joint Service Award winners The Council recognized Lance Corporal Eduardo Ramon, Lance Corporal Drevaughn Rankin, and Sergeant Aja Mack, all from the U.S. Marine Corps . PUBLIC COMMENTS (MATTERS NOT ON AGENDA) City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Public comment on non-agendized matters was received from: Demetrius Kastros; Lisa Alameda; Susie Tarlton; Jim Pagnella; Linda Pagnella; Joe Pagnella; Greg and Carolyne Profeta; Ramin Aghayeu from Monterey's sister city of Lankaran, Azerbaijan; and Esther Malkin. The Council made positive remarks regarding Community Emergency Response Team (CERT).  City Council Minutes January 17, 2023 CONSENT ITEMS 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 approved the CONSENT ITEMS except Item 6: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. December 20, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Award of Construction Contracts 3. Award Job Order Contract in the Amount of $100,000 to Acco-Wilson, Inc., dba Geo H. Wilson Mechanical Contractors for Defense Human Resources Activity Enterprise Operations Center (DEOC) Chiller Service (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (G(5), CEQA Not a Project Under (Pub. Resources Code, § 21080, Subd. (A) and Pub. Resources Code § 21080, Subd. (B)(1)) ***PMSA*** Action: Adopted Resolution No. 23-001 C.S. Resolutions 4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period January 20, 2023 through February 16, 2023 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-002 C.S. 5. Accept an Army Project Award and Authorize the Appropriation of Funds in the Presidio of Monterey Public Works Fund for the Replace Network Automation Engines (NAE) & Network Control Engines (NCE) Controllers Project Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 23-003 C.S. 6. Adopt the FY2022/23 Salary Schedules for Regular Full-Time and the Hourly Wage Schedule for Regular Part-Time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 23-004 C.S. Finance Director King made a brief verbal report. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-004 C.S. Adopting the FY2022/23 2  City Council Minutes January 17, 2023 Salary Schedules for Regular Full-Time and the Hourly Wage Schedule for Regular Part-Time Employees: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the January 2023 Storm (Order 23-001) (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 23-005 C.S. *** End of Consent Agenda *** PUBLIC HEARING 8. 1st Reading by Title Only of an Ordinance to Rezone 828 Pacific 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: Passed ordinance to print; Adopted Resolution No. 23-006 C.S. Associate Planner Buggert gave the staff presentation. Publlic comment in favor of the matter was received from Ben Michael Beesley, property owner. The Council made positive remarks about the history of the structure, its builder, and the family that had originally owned it. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council passed to print an Ordinance to Rezone 828 Pacific Street from R-1-6 to R-1-6-H-2 as a City Historic Resource and adopted Resolution No. 23-006 C.S. to Authorize a Mills Act Contract: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) This public hearing was noticed to the public by: publication in the Monterey Herald on January 7, 2023, and postcards mailed on January 4, 2023 to recipients identified by the Planning Department. 9. Receive Public Testimony on the Proposal to Renew the Monterey County Tourism Improvement District Pursuant to the Property and Business Improvement District Law of 1994 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Held public hearing, received public testimony Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions together with Rob O'Keefe, Monterey County Convention and Visitors Bureau (MCCVB), and City Manager Uslar. 3  City Council Minutes January 17, 2023 Public comment was received from Greg Ford, Stonepine Estate, who asked questions about the proposal; Rob O'Keefe, Monterey County Convention and Visitors Bureau (MCCVB), who addressed the questions and spoke in favor of the proposed Monterey County Tourism Improvement District (MCTID) renewal. This public hearing was noticed to the public by: notices mailed on January 6, 2023 to all businesses in the proposed renewed MCTID (list provided by MCCVB). *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. RECESS The Council adjourned to closed session at 5:05 p.m. RECONVENE *** Evening Session Agenda *** 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. Councilmember Barber joined the meeting by teleconference at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Williamson led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Nancy Soule and Barbara Meister. PUBLIC APPEARANCE (EVE) 10. Receive Presentation about Personal Wireless Facilities (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation and public input Community Development Director Cole introduced Gail A. Karish, outside counsel with Best Best & Krieger, who gave a thorough presentation on the legal framework for personal wireless facilities. Community Development Director Cole added additional context from the perspective of the Planning Department, including on the subjects of shot clocks, transparency, and the concept of "effective prohibition." Community Development Director Cole and Ms. Karish answered Councilmembers' questions. It was requested by the Council to learn more about the types of standards and criteria for permit denials that are upheld in court. Mayor Williamson limited public comment time to two minutes per person based on the number of people who indicated they would speak. Public comment expressing strong concern about installation of wireless facilities was received from: Jean Rasch, Susan Nine, Pat Venza, Mike Pekin, Steve Ponting, Marta Kraftzeck, Jeff 4 City Council Minutes January 17, 2023 Galfin, Tony Flores, Nancy Soule, Elizabeth Murray, Bruce Zanetta, Jeannie Ferrara, an unidentified woman, Charles Martin, Ray Meyers, and Esther Malkin. The Council recessed briefly at 9:17 p.m. due to technical issues causing a sound disturbance in the Chamber, and reconvened at 9:21 p.m. Continued comment expressing concern was then received from Kristin Dotterer, Tony Tollner and Esther Malkin. The public commenters cited concerns relating to health and safety impacts resulting from wireless facilities, especially with regard to proximity to homes and schools. The special beauty and historic nature of Monterey were stressed. Suggestions made included requests that the Council: strictly define aesthetic requirements; require maximum setbacks in public right-of- ways, fall zone setbacks from occupied structures, and appropriate distances between facilities; allow wireless facilities to be installed only on streetlights; underground utilities; codify maintenance and insurance requirements and fire and safety protocols; require proof of coverage gaps and adequate definitions of technical terms; require clear labeling of wireless facility equipment and removal in the future instance of utility undergrounding; hire the attorney retained by City of Carmel-by-the-Sea on wireless matters; refer to ordinances adopted by other municipalities; and adopt only the strongest possible wireless ordinance. The Council thanked City staff for doing difficult work on this matter in a professional way, and stressed to commenters the importance of being respectful and civil in public discourse. It was urged to continue to find ways to harden the City's protections regarding wireless facilities, and many of the suggestions made by the public (as listed above) were highlighted by Council to staff as opportunities for further investigation. It was requested that staff bring back detailed information regarding setbacks required by other cities, as referenced in public comment. It was stated that more clarity is needed about clustering of equipment and that poles should not be allowed to become overloaded. It was stated that a 100 feet setback is a good starting point. It was stated that notice to the City should be required if equipment is sold. The importance of aesthetics in Monterey was stressed, and it was noted that maintenance is directly linked with aesthetics. It was noted that there are legitimate serious legal and financial risks that the Council must balance against aesthetic concerns. It was stressed that United States Congress members and Senators, and members of the Federal Communications Commission (FCC) could bring change at the federal level, and urged that the Council reach out to those representatives on behalf of the City. It was stated that the Council will work hard to do its best within existing constraints at the municipal level. It was stated that the cost incurred by the City on the matter was directly related to the Council's decision to allow maximum public involvement in developing the wireless ordinance. City Manager Uslar said that the Council's comments were instructive, and the City staff would bring the Wireless Ordinance to the Council on February 7, 2023. ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs 1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal, Gina Russo; Monterey Fire Fighters' Association (MFFA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs 2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 5 City Council Minutes January 17, 2023 20CV003232) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken COUNCIL COMMENTS The Mayor and Councilmembers all commended City staff members for their hard work and excellent communication during the recent storm to ensure the safety of City residents. Additional praise was given to the Community Emergency Response Team (CERT). Councilmembers Garcia and Barber remarked that they would both attend the upcoming New Mayor and Council academy in Sacramento. Councilmember Smith reported that he attended his first Monterey-Salinas Transit (MST) board meeting and Transportation Agency for Monterey County (TAMC) meetings of the rail and executive committees. He said that a TAMC subcommittee on which he served had finalized its recommendation for the replacement of two people on the executive committee. Councilmember Haffa stated that the recent power outages were unusual when compared with other parts of the country. He encouraged the City to do whatever possible to increase storm resiliency and to contact appropriate State authorities regarding the need to improve infrastructure and resolve PG&E's power outage issues. Mayor Williamson asked City staff to report to Council about teleconference options going forward after the Governor's COVID-19 state of emergency ends at the end of February 2023. He reported that the Monterey County City Selection Committee had appointed him as its Vice Chair and as the mayoral representative to the Monterey County Airport Land Use Commission. He strongly encouraged the public to sign up for Monterey County alerts (by texting 93940 to 888777) in order to learn timely about future public safety alerts. CITY MANAGER REPORTS City Manager Uslar shared details of recent rescues at the harbor and thanked City staff for their work during the storm emergency. ADJOURNMENT The Council adjourned at 10:19 p.m. Respectfully Submitted, Approved, Clementine Klein Tyller Williamson City Clerk Mayor 6