Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 7, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Barber, Garcia*, Haffa**, Smith (present for the evening session only), Present: Williamson Absent: None * Attended remotely by teleconference in the afternoon and evening ** Attended remotely by teleconference in the evening City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk, Senior Administrative Analyst, Sustainability Coordinator, Police Lieutenant, Senior Administrative Analyst (Public Works), Senior Engineer, Environmental Regulations Manager, Recreation Manager, Harbormaster, Police Lieutenant, General Services Superintendent, Public Works Administrative Services Manager, Administrative Analyst (Public Works) ***Afternoon Session Agenda *** 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. 23-002 C.S. CALL TO ORDER Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll as highlighted above, with Councilmember Smith absent for the afternoon session. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Steve Lightfoot. CONSENT ITEMS It was requested by a member of the public to pull Item 11 from Consent. Public comment on the Consent Items was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS except Item 11: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes February 7, 2023 Approval of Minutes 1. January 17, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Smith absent) 2. January 25, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Smith absent) Award of Construction Contracts 3. Award a General Municipal Improvements Job Order Contract 2023-2024 for Intergovernmental Service Agreement / Presidio Municipal Services Agency Projects in the Amount of $1,000,000 to The Don Chapin Company, Inc. ***PMSA*** (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1), CEQA Not A Project) Action: Adopted Resolution No. 23-007 C.S. (4-0-1, Councilmember Smith absent) 4. Award Job Order Contract in the Amount of $140,000 to David Olson, Inc. dba Airtec Service for Presidio of Monterey Heating, Ventilation and Air Conditioning Repair and Replacement Job Order Contract (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. 23-008 C.S. (4-0-1, Councilmember Smith absent) 5. Award Job Order Contract in the Amount of $120,000 to Commercial Services and Environmental Solutions, Inc. dba Monterey Environmental Solutions and Services for City of Monterey Asbestos and Lead Abatement Job Order Contract (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-009 C.S. (4-0-1, Councilmember Smith absent) 6. Award Job Order Contract in the Amount of $120,000 to Commercial Services and Environmental Solutions, Inc. dba Monterey Environmental Solutions and Services for Presidio of Monterey Asbestos and Lead Abatement Job Order Contract (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. 23-010 C.S. (4-0-1, Councilmember Smith absent) Ordinances 7. 2nd Reading of an Ordinance to Rezone 828 Pacific Street from R-1-6 to R-1-6-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3658 C.S. (4-0-1, Councilmember Smith absent) This ordinance was duly noticed on February 4, 2023. Resolutions 8. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period February 17, 2023 through February 28, 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. 23-011 C.S. (4-0-1, Councilmember Smith absent) 2  City Council Minutes February 7, 2023 9. Approve Termination of Electric Service Provider Contract and Authorize Withdrawal from the Direct Access Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-012 C.S. (4-0-1, Councilmember Smith absent) 10. Adopt the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management Plan Update (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-013 C.S. (4-0-1, Councilmember Smith absent) 11. Authorize the City Manager to Execute (1) an Intergovernmental Support Agreement with the U.S. Army Garrison Presidio of Monterey; (2) Authorize the Withdrawal from and Termination of the Presidio Public Works Agency also known as the Presidio Municipal Services Agency Joint Powers Authority; and (3) Authorize an Agreement with the City of Seaside for Seaside to Provide Installation Support Services to the Presidio of Monterey Annex (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***IGSA*** Action: Pulled from Consent; Adopted Resolution No. 23-014 C.S. (4-0-1, Councilmember Smith absent) Public comment was received from Nina Beety, who expressed concerns about the City's becoming more entangled with the federal government than she said was intended by the original "Monterey Model" of collaboration. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-014 C.S. to Authorize the City Manager to Execute (1) an Intergovernmental Support Agreement with the U.S. Army Garrison Presidio of Monterey; (2) Authorize the Withdrawal from and Termination of the Presidio Public Works Agency also known as the Presidio Municipal Services Agency Joint Powers Authority; and (3) Authorize an Agreement with the City of Seaside for Seaside to Provide Installation Support Services to the Presidio of Monterey Annex: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Order Engineer’s Report for Fiscal Year 2023-2024 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-015 C.S. (4-0-1, Councilmember Smith absent) 13. Order Engineer’s Report for Fiscal Year 2023-2024 Calle Principal Maintenance District 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-016 C.S. (4-0-1, Councilmember Smith absent) 3  City Council Minutes February 7, 2023 Other 14. Receive Mayor’s Recommendations and Make Appointments to the Building and Housing Appeals Board, Neighborhood and Community Improvement Program Committee and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Peter Silva to the Building and Housing Appeals Board for a term expiring June 30, 2027, Chinyere Ogbonna as New Monterey Representative to the NCIP Committee for a term expiring June 30, 2027, and Robert Bluth to the Planning Commission for a term expiring June 30, 2027 (4-0-1, Councilmember Smith absent) *** End of Consent Agenda *** PUBLIC APPEARANCE 15. Receive Informational Update on Teleconference Attendance of Public Meetings Pursuant to the Ralph M. Brown Act (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received update City Clerk Klein gave the staff presentation and answered Councilmembers' questions. Public comment was received from Nina Beety, who spoke in favor of the City continuing to provide the ability for the public to participate remotely. 16. Modifying the Employee Relocation Assistance Program (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-017 C.S. (4-0-1, Councilmember Smith absent) Human Resources Director Neal gave the staff presentation and answered Councilmembers' questions with additional input from City Manager Uslar. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-017 C.S. Modifying the Employee Relocation Assistance Program: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 4:36 p.m. RECONVENE The Council reconvened at 7:00 p.m. with Councilmember Smith present. 4  City Council Minutes February 7, 2023 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Mayor Williamson led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Nick Tome, Lorna Moffat, and Nina Beety. PUBLIC HEARING (EVE) 17. Introduce by Title Only, Waive Full Reading and Pass a First Reading of an Ordinance to Repeal and Replace City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities (Exempt from CEQA Article 19, Sections 15305 and 15308, Classes 5 and 8) Action: Waived further reading and passed ordinance to print, amended as follows: Draft Ordinance Section 4 subsection (F)(4)(c): deletion of the sentence requiring a 100-foot setback from schools and residences; Draft Ordinance Section 4 subsection (F)(10)(e): removal of items (ii) and (iii); and Draft Ordinance Section 4 subsection (G)(1): removal of reference to Section 38-112.4(E)(3)(t). (4-1, Councilmember Barber voting no) Mayor Williamson introduced the ordinance by reading its full title. Community Development Director Cole gave the staff presentation, recommending the removal of language approved by the Planning Commission that would require a 100-foot setback from residences and schools. She demonstrated how much of the City was covered by various setbacks including the 100- foot option. Due to the number of attendees planning to speak, public comment was limited to two (2) minutes per person and was received as follows: Displeasure with the draft ordinance recommended by staff was expressed by: Marta Kraftzeck, Tony Tollner, Susan Nine, Jeannie Ferrara, Charles Martin, Charisse Carlyle, Catherine Adamo, John Adamo, Lori Wheeler, Pat Venza, Jean Rasch, Daniel Dotterrer, Kristen Dotterrer, Ray Meyers, all of whom urged the Council to require a minimum required setback from residences and schools and some also requested to increase the distance between facilities as an aesthetic concern and to include fall zone protections; by Lorna Moffat, Claudia Eyre, Carol Kuzdenyi, and Nina Beety, whose comments focused specifically on health concerns; by Bruce Zanetta and Luke Martin, whose comments focused specifically on the potential to place utilities underground; by Elizabeth Murray and Tammy Jennings, whose comments emphasized the aesthetic beauty and history of the Monterey area. Timothy Barrett spoke in favor of some setback that does not create a moratorium. During public comment, Councilmember Smith briefly left the Chamber at 7:47 p.m. and returned at 7:49 p.m. When Ms. Beety spoke, she requested extra speaking time because she said she had not been able to speak via the remote call-in feature at the January 17, 2023 Council meeting, and City Clerk Klein clarified that the Zoom system was fully functioning at that meeting with many comments received. Remarks in favor of progress were made by Paul Bruno and comments in favor of access to information were made by Kevin Dayton. Tabitha Schneider read aloud from a letter she had sent on behalf of Crown Castle alleging that several provisions of the draft ordinance did not conform with federal law and requesting that the Council refrain from passing the ordinance to print before industry representatives had the opportunity to meet with the City. Esther Malkin 5 City Council Minutes February 7, 2023 remarked about the federal government's role in the City's limited ability to regulate wireless installations. With no further requests to speak, Mayor Williamson closed the public comment period. On question from Council, City Manager Uslar said that other cities provide clearly defined exceptions with their setback requirements, so that it was not an effective prohibition and the wireless providers could put their small cell equipment in certain locations. City Attorney Davi pointed out that each part of another city's ordinance must be considered in context with the rest of the ordinance. Gail Karish, outside counsel with Best Best & Krieger, pointed to language in the draft ordinance that required wireless providers to prove effective prohibition in order to propose installing equipment in residential areas. City Attorney Davi summarized the issue of effective prohibition, and said that the ordinance was crafted to comply with the chain of control, from federal to state to local power, on the placement of wireless facilities. On question from Council, Community Development Director Cole spoke to the concept of a 500-foot search ring. She said that if the Council chose that option, which she stated has not been evaluated through the extensive process, it would involve reviewing and redrafting the ordinance to include that provision. It was emphasized by the Council that the proposed ordinance puts the burden of proof on the wireless service providers to prove proactively a claim of effective prohibition. The Council posed the idea that City staff could return to Council with a rewritten ordinance based on those from the cities of Malibu or Petaluma. On question from Council, Community Development Director Cole spoke about the process to ensure that hardware meets federal guidelines, and the three analyses that she explained are done on radio frequency ("R.F." emissions for each proposed wireless equipment installation. The Council emphasized that the residents had spoken and the Council had heard them, and had created the Wireless Committee and joined a coalition of cities to litigate wireless issues, in response to hearing the community's concerns. It was stressed that public concerns about possible health effects could not legally be part of the Council's decision-making process or it would hamper the defense of any adopted ordinance. It was noted that the City had authority to regulate aesthetic impacts of wireless installations, and that the Council wanted to protect the unique beauty of Monterey within the constraints of regulations that the Council could not control. It was strongly recommended that residents raise their concerns to their federal elected representatives. The Council expressed concern that even a 25-foot setback would result in effective prohibition, and therefore would not be in accord with federal law. The Council weighed the options before them. It was stressed that protections for residential areas were built into the proposed ordinance. It was stated that one option would be to pause the process, look at other ordinances and if those approaches to regulating aesthetics were what the community wanted, then the Council could ask staff to bring back an ordinance based on one of those ordinances. Two needed corrections to the draft ordinance were noted by Council and staff: draft ordinance Section 4 subsection (F)(10)(e): removal of items (ii) and (iii); and draft ordinance Section 4 subsection (G)(1): removal of reference to Section 38-112.4(E)(3)(t). 6  City Council Minutes February 7, 2023 The Council stated that they were comfortable with the staff's recommendation to remove the 100-foot setback, stating that the draft ordinance allowed the City to put the burden on the applicant to show good cause regarding a claim of effective prohibition, versus a statutory flat number of feet for a setback. A motion was introduced by Mayor Williamson, and seconded by Councilmember Smith, to waive full reading and pass to print the First Reading of an Ordinance to Repeal and Replace City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities, amended as follows: Draft Ordinance Section 4 subsection (F)(4)(c): deletion of the sentence requiring a 100-foot setback from schools and residences; Draft Ordinance Section 4 subsection (F)(10)(e): removal of items (ii) and (iii); and Draft Ordinance Section 4 subsection (G)(1): removal of reference to Section 38-112.4(E)(3)(t). The Council requested that staff outline other protections built into the ordinance and review again for the public the way in which the ordinance handles the issue of effective prohibition in residential neighborhoods. It was noted that it would not be possible to combine everything that residents like from every other city's wireless ordinance. Comments of deep appreciation were made regarding the work of the Wireless Subcommittee and Planning Commission on such a highly technical subject matter that it was noted had also changed a lot during the years. The Council stressed that their goal is to protect the community and avoid clutter and adverse impacts, and that they must follow legal parameters to do so. It was noted that there may be adaptations and more opportunities for protection in the future. The Council stressed that within the City's legal standing, the Council would do all it could to represent and protect its residents. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 1 COUNCILMEMBERS: Barber ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) This public hearing was duly noticed on January 28, 2023. The Council recessed at 9:28 p.m. and reconvened at 9:39 p.m. PUBLIC APPEARANCE (EVE) 18. Authorize the City Manager to Terminate Cruise Ship Passenger Landing Services by the City of Monterey (Not a Project Subject to Approval Under CEQA, Pub. Resources Code, §§ 21065, 21080, subd. (a), 14 CCR §§ 15061, 15352, 15378) Action: Authorized termination of cruise ship passenger landing services (3-2, Councilmembers Barber and Smith voting no) City Manager Uslar quoted from the Council's mission and value drivers in support of protecting the environment, and stated that he had brought this matter to the Council on his own initiative. He gave a verbal presentation focusing on the risk of accidental spills and the importance of preserving the ecological health of the Monterey Bay. Public comment in favor of terminating cruise ship passenger landing services was received from: Carrie Larson, Taylor Adams, Hamish, Heidi Wood, Aliyah Denton, Phil DiGirolamo, Jean Rasch, Lorna Moffat, Dave Eckstaedt, Esther Malkin, Tammy Jennings, and Nina Beety. Neutral comment on the proposal was received from Lisa Wooninck, of Monterey Bay National Marine Sanctuary, who requested to work with the City and to continue to monitor cruise ships' 7 City Council Minutes February 7, 2023 discharges and noise impacts. Comment against terminating cruise ship passenger landing services was received from: Jeff Shindell, Kevin Dayton, Doug Lumsden, an unidentified woman, Brian Salerno, Monica Lal, Anne McIntyre, Cevan LeSieur, Paul Bruno, Kristin Horton, Chris Shake, Tom Rowley, Mike Bekker, Gary Cursio, Brad, Wendy Brickman, and Rick Aldinger. The Council discussed the matter. It was stated that all arguments made on the matter had validity. It was stated that the Monterey Bay National Marine Sanctuary tenets included encouraging the public to visit and use the Monterey Bay, and that the Sanctuary allows visits by cruise ships. It was stated that the answer to risk concerns would lie in setting limits of number of cruise ships and enhancing collaboration with associations and cruise lines. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following roll-call vote, the Council extended the meeting through 11:30 p.m.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Council discussion continued. It was stated by the Council that the City had a responsibility to nurture a healthy economy but also to care for the natural environment. A motion was made by Councilmember Garcia, and seconded by Councilmember Haffa, to authorize the City Manager to Terminate Cruise Ship Passenger Landing Services by the City of Monterey. Comments in support of the motion focused on the risk-reward analysis. It was noted that the City did not control regulations, and that regulations and fines had not been sufficient to control bad behavior by cruise lines. It was stressed that the risk to the Monterey Bay was not hypothetical, but was likely a matter of time and of how bad the inevitable disaster would be. It was stressed that the proposed action would not constitute a ban, and would not send a message to visitors not to visit at all, or treat the Sanctuary as a museum, but would point out the value that Monterey places on its environment and show that the City acts accordingly. It was stressed that the youth will be dealing with the implications of efforts, and lack of efforts, regarding protecting the environment. Concern was shared about noise concerns, and about the aesthetics of cruise ships in the bay blocking views of the natural environment. It was noted that the hospitality industry had commented in the past that cruise ship guests do not eat in Monterey restaurants. It was stated that just because something might generate revenue did not necessarily mean it should be done. Comments against the motion focused on the stated desire to mitigate risks while collaborating with business. The concern was shared that the proposed action constituted an anti-business move that would have an impact on tourism and small businesses. It was proposed that the City work to determine which bad actors in the cruise industry should be banned, and ban them, but not punish others. The motion carried by the following roll-call vote: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 2 COUNCILMEMBERS: Barber, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) 8 City Council Minutes February 7, 2023 RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Garcia thanked Esther Malkin for organizing a recent community event in Council District 4. CITY MANAGER REPORTS None made. ADJOURNMENT The Council adjourned at 11:18 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 9