Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 21, 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 City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Associate Planner, City Consultant, Administrative Assistant (City Clerk’s Office) 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. 23-011 C.S. ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:05 PM. Administrative Assistant Tulett documented the full Council’s attendance in person as highlighted above. She explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. Councilmember Haffa briefly left Chamber during participation instructions, returning at 4:08 p.m. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Jack Erickson and Anna Acosta. CONSENT ITEMS Public comment on the Consent Items was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes February 21, 2023 Approval of Minutes 1. February 7, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Resolutions 2. Authorize the City Manager to Submit a Proposal to Provide Fire Services to the Monterey Peninsula Airport District in Response to Their Request for Proposals (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-018 C.S. Other 3. Receive Mayor’s Recommendation and Appoint Peter Silva to the Disabled Access Appeals Board (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Peter Silva to the Disabled Access Appeals Board for a term ending June 30, 2027 *** End of Consent Agenda *** PUBLIC HEARING 4. Resolution Declaring Results of Majority Protest Proceedings and Renewing the Monterey County Tourism Improvement District (MCTID) (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Held protest hearing; Adopted Resolution No. 23-019 C.S. City Manager Uslar gave a brief introduction to the presentation, and then turned it over to Assistant City Manager Rojanasathira who gave a brief verbal report and answered Councilmembers’ questions. Assistant City Manager Rojanasathira unlocked the ballot box to remove the one protest vote received by mail at the City Clerk’s Office, and Administrative Assistant Tulett verified there were no other written protests received ahead of the meeting. There were no verbal protests received. Assistant City Manager Rojanasathira announced there were not enough protest votes to stop the proceeding to renew the Monterey County Tourism Improvement District (MCTID). The City Manager and Council spoke positively about the work that went into renewing the plan. Rob O’Keefe spoke in favor of renewing the Monterey County Tourism Improvement District (MCTID). No other public comment was received. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council declared the results of the protest hearing and confirmed the renewal of the Monterey County Tourism Improvement District (MCTID): 2  City Council Minutes February 21, 2023 AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 5. Adopt a Resolution Terminating the Local Emergency and Related COVID-19 Resolutions and Ordinances on February 28, 2023; Provide Direction on the Use of Masks in City Council Chambers; and Extend Existing Temporary Outdoor Business Permits and Outdoor Heaters on the Wharves until December 31, 2023 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-020 C.S. City Manager Uslar introduced the item and Assistant City Manager Rojanasathira gave the staff presentation. City Manager Uslar, Assistant City Manager Rojanasathira, and City Attorney Davi answered Councilmembers’ questions and clarifications. Public comment on the matter was not received. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 23- 020 C.S. and to accept the staff recommendation relating to wearing of masks, removal of temporary and extend outdoor dining to December 31, and to continue to allow virtual participation in public meetings. AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. Authorize the Mayor to Submit an Online Public Comment to the California Public Utilities Commission (CPUC) on Behalf of the City of Monterey in Support of the Monterey Peninsula Water Management District’s Application (A2111024) Requesting that the CPUC Compel California-American Water Company (Cal-Am) to Execute the Amended and Restated Water Purchase Agreement Authorized in Decision 22-12-001 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Authorized submission of comment (4-1, Councilmember Smith voting no) Mayor Williamson gave a verbal presentation to the Council. Public comment on the matter was received from Josh Stratton, Jennifer Haydu, and Melodie Chrislock, who all spoke in favor of submitting an online public comment. Council stated concerns about getting involved in the discussion, but also pointed out how the submission of the comment to the CPUC would be tied to the City’s value drivers and show support for the residents. 3 City Council Minutes February 21, 2023 On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by roll call, the City Council authorized submission of an online comment: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith 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 5:20 PM. RECESS RECONVENE The Council reconvened at 7:01 PM. *** 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 Nelson Vega, Tom Rowley, Jennifer Haydu, Lorna Moffat, Curt Tipton, and Nina Beety. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: cs1. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): Felix Colello vs. City of Monterey (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel cs2. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): Edward Olson vs. City of Monterey (Worker’s Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll-call vote of 4-1, Councilmember Smith abstaining, the Council gave confidential direction to its legal counsel 4  City Council Minutes February 21, 2023 cs3. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2),(e)(3), Anticipated Litigation, Significant Exposure to Litigation, USAA a/s/o David Connell Govt. Claim Dated November 14, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel Adjourn to Joint Special Meeting and Establish Quorum of the Planning Commission The Council adjourned to the joint special meeting and was joined by the Planning Commission. Planning Commissioners Present: Bluth, Brassfield, Dawson, Freeman, Latasa, Fletcher Absent: None Administrative Assistant Tulett called the roll with the full Planning Commission present in person as highlighted above. JOINT SPECIAL MEETING: CITY COUNCIL AND PLANNING COMMISSION 7. Progress Report on Monterey 2031 – a General Plan Update of the Housing, Land Use, and Safety Elements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received progress report City Manager Uslar gave a brief introduction of the item, and Community Development Director Cole, Associate Planner Christy Sabdo, and consultant Andrew Hill of Dyett and Bhatia, gave the staff presentation and answered Councilmembers’ and Planning Commissioners’ questions. Councilmember Smith left the Chamber at 7:41 p.m. and returned at 7:42 p.m. Public comment on the matter was received from: Kevin Dayton, who encouraged Council to move ahead with plan; Tom Rowley, who said growth along the Highway 68 corridor should be considered in the Plan and reiterated the amount of outreach necessary; an unidentified gentleman, who indicated lack of water supply must be addressed and that the City should take a more active role with the CPUC; Nelson Vega, who expressed concerns about hurdles to housing that he said are present in the City rules and procedures; Tom Galling, who expressed concerns with lack of water and state housing mandated programs; a gentleman who indicated representation from the Monterey County Hospitality Association and shared support for working together on a plan that must consider zoning and water issues; Felicia Webster, who urged consideration of the developmentally disabled population and SB 812 in the City’s plan; Rick Aldinger, who spoke about the importance to focus on workforce housing and water needs; Nina Beety, who expressed concern about the short timeline to prepare the draft, need to reach renters in all outreach notifications, and water issues; Esther Malkin, who suggested the plan could be clearer about home ownership vs. rental, income level, and job data; Gabriel Sanders, who offered support for the plan, increased housing, reduced commute times for local workers, reduced greenhouse gasses, and continuing to explore more ideas for “up-zoning”; Lorna Moffat, who suggested a survey of current empty houses for 5  City Council Minutes February 21, 2023 potential rental incentives for landlords, and stated disagreement with state housing requirements for Monterey; Monica Lal, who spoke in support of the plan and of assisting entry-level home ownership and affordable housing for workers; Gordon Foxworthy, who shared concerns with increased housing and traffic congestion and asked for consideration for infrastructure; Tammy Jennings, who discussed the voter decision to buy out Cal-Am Water and consideration for a desalination plant, and echoed concerns that the projected housing numbers in the state’s plan were too high for Monterey. Councilmember comments included urging thoughtful review of building and zoning standards so new housing is not densified only in any one area, the availability of transit and transportation factors of the City, current and future water supply issues, and finding a way to work in synchronicity with neighboring cities and agencies to increase community engagement around a creative vision for housing, jobs and transportation. The Council emphasized that Monterey should have a plan in place to meet state requirements and must try to seek opportunities for financial relief through state grants. The Council also thanked the Planning Commission for their hard work on this topic and stressed the importance of balancing housing needs with quality-of-life concerns, while meeting the requirements of the state. The Planning Commissioners stated that they recognized the challenge the City would face in meeting the state requirements, and discussed the size of the city, environmental issues, funding sources for building ADUs, opportunities for expanding city boundaries and water access through changes to zoning and building codes, and how to create zoning that allows for growth while maintaining a high quality of life. Adjourn to City Council Meeting At 10:00 p.m. the joint special meeting ended and the City Council adjourned to the regular City Council meeting. The Council recessed at 10:01 p.m. and reconvened at 10:18 p.m. Due to the late hour of the evening, Mayor announced the meeting would be adjourned to March 2, 2023 at 7:00 p.m. PUBLIC APPEARANCE (EVE) 8. Second 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: Meeting adjourned to March 2, 2023 at 7:00 p.m. COUNCIL COMMENTS None made - meeting adjourned to March 2, 2023 at 7:00 p.m. CITY MANAGER REPORTS None made - meeting adjourned to March 2, 2023 at 7:00 p.m. 6 City Council Minutes February 21, 2023 ADJOURNMENT At 10:19 p.m., the meeting was adjourned to March 2, 2023 at 7:00 p.m. Respectfully Submitted, Approved, Linda Tulett Tyller Williamson Administrative Assistant, City Clerk’s Office Mayor 7