Council Regular Meeting

Name: Council Regular Meeting — Monterey, CA
Start: 2023-04-04T16:00:00
End: 2023-04-04T18:00:00
Location: Monterey, CA

Regular Meeting

Monterey, CA · April 4, 2023

Agenda Minutes Packet

Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 4, 2023 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., MONTEREY, CALIFORNIA AND TELECONFERENCE LOCATION: WESTIN BOSTON SEAPORT DISTRICT, 425 SUMMER STREET, ROOM 519, BOSTON, MASSACHUSETTS Councilmembers Present: Barber*, Garcia, Haffa, Smith, Williamson Absent: None * Attended remotely by teleconference at the duly noticed teleconference location listed above City Staff City Manager, Assistant City Manager, City Attorney, Police Chief, Parks Present: and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk TELECONFERENCE NOTICE This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:02 p.m. He announced that Councilmember Barber was attending remotely from the duly noticed teleconference location in Boston, Massachusetts. City Clerk Klein called the roll as highlighted above, and explained to the public how to participate in the meeting virtually. Councilmember Barber confirmed that she could hear the meeting proceedings, had posted the agenda 72 hours prior to the meeting at the teleconference location listed above, and was providing public access from the same location, pursuant to GC 54953(b)(3). She confirmed that no member of the public was present with her at the teleconference location wishing to speak. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. The Council and attendees sang “Happy Birthday” to City staff celebrating a birthday the week of the meeting. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Tom Rowley, Steve Lightfoot, Robert Ashmore, Rick Aldinger, Tina Wong, Nick Errichetto, Lorna Moffat, Nina Beety, Katia Gutierrez, Santos, and Andy Garcia. City Council Minutes April 4, 2023 CONSENT ITEMS Members of the public requested that Items 1, 2, and 3 be pulled from Consent. Public comment was not received on the Consent Items. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS except Items 1, 2, and 3: 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 1. March 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Pulled from Consent; Approved Public comment was received from Lorna Moffat, who clarified that she had only intended to request that Items 2 and 3 be pulled from Consent. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the minutes for the March 21, 2023 Regular Meeting: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Ordinances 2. 2nd Reading of an Ordinance Repealing and Replacing Monterey City Code Chapter 38, Article 17, Section 112.4 – Wireless Communications Facilities and Finding the Same Exempt from the California Environmental Quality Act Action: Pulled from Consent; Adopted Ordinance No. 3660 C.S. City Attorney Davi gave a brief verbal report and answered Councilmembers' questions. Public comment was received from: Steven Lucas, who shared health and environmental concerns relating to wireless technology; Jean Rasch, Monterey Vista Neighborhood Association, who spoke in support of adopting the ordinance; Lorna Moffat, who said that the Council should ban 5G from Monterey; and Nina Beety, who alleged a conflict of interest for the Mayor due to his employment at the Naval Postgraduate School ("NPS") and spoke against exemptions for government agencies. Mayor Williamson clarified that he had discussed the conflict question with legal counsel and stated that because he would receive no material benefit and there was no conflict of interest or ethics violation relating to his employment at NPS, he would not recuse himself from voting on the matter. 2 City Council Minutes April 4, 2023 On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Ordinance No. 3650 C.S. Repealing and Replacing Monterey City Code Chapter 38, Article 17, Section 112.4 - Wireless Communications Facilities and Finding the Same Exempt from the California Environmental Quality Act: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3. 2nd Reading of an Ordinance to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Ordinance No. 3661 C.S.; Directed City staff to return with more information on hardship waiver options Public comment was received from Lorna Moffat and Nina Beety, who spoke against adopting the ordinance, stating that the proposed fees were too high. On question, City Attorney Davi said that the policy question before Council was whether all taxpayers should subsidize the cost of appeals for specific individuals. She explained the process by which hardship waivers are received, provided an example of the content of an upcoming disabled access appeal, and provided context for appeals received at the City. Comments were made by Council in favor of the City recovering 100% of the costs associated with processing appeals, citing the duty to protect taxpayers who should not have to subsidize appeals in which they have no interest. It was stated that Mills Act applicants may be likely to be able to pay the cost of their fees without financial hardship. It was stated that if an appellant can provide documentation to prove that they would qualify for low-income housing, then it would make sense to provide them relief. On question from Council, City Attorney Davi confirmed that staff could bring this back to Council for more information or an amendment regarding waivers. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council adopted Ordinance No. 3561 C.S. Amending City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals and directed City staff to return with more information on hardship waiver options: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 4. Amend Resolution 22-086, the FY 22/23 Position Control List by Adding One (1) Full Time Equivalent (FTE) Housing Manager Position and Removing One (1) Vacant FTE Administrative Analyst and Amend and Restate Resolution 23-004, the FY 22/23 Salary Schedule, to Add Salaries for the Housing Manager and the Deputy Public Works Director/Administration Positions (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-039 C.S. 3 City Council Minutes April 4, 2023 5. Authorize a Contract with Community Human Services to Grant $72,000 for the Shuman HeartHouse, Future Emergency Homeless Shelter Located at 600 East Franklin Street (Exempt from CEQA Article 19, Section 15303, Class 3) Action: Adopted Resolution No. 23-040 C.S. *** End of Consent Agenda *** PUBLIC HEARING 6. Resolution Modifying the 2019 Management District Plan of the Monterey County Tourism Improvement District (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Held public hearing; Adopted Resolution No. 23-041 C.S. Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was received from Lorna Moffat, who asked about public transportation as it relates to tourism, and Tom Rowley, who said that Monterey-Salinas Transit (MST) was the correct agency to answer Ms. Moffat's question. The Council stated agreement that public transportation questions should be addressed by MST and the Transportation Agency for Monterey County (TAMC). The Council spoke in support of the matter and recommended that residents read the information contained in the Management District Plan. It was stated that the Council's value driver relating to fiscal responsibility, revenue enhancements, long-term planning, and community partnerships aligned with this modification of the MCTID. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-041 C.S. Modifying the 2019 Management District Plan of the Monterey County Tourism Improvement District: 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 7. Resolution Reaffirming the City of Monterey’s Opposition to the “Taxpayer Protection and Government Accountability Act” (Initiative 21-0042A1) (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-042 C.S. Assistant City Manager Rojanasathira gave the staff presentation. Public comment was received from: Rick Aldinger, Monterey County Hospitality Association ("MCHA"), said that MCHA fully supports the staff recommendation due to the Act's potential to reduce local control; Tom Rowley, who echoed Mr. Aldinger's comments and spoke about the importance of requiring a 2/3 majority for special taxes; Carol Chorbajian, who urged the Council to oppose the Act; and Lorna Moffat, who expressed concern that the Council is not fair and honest when making decisions about fees and urged that the Council protect taxpayers. 4 City Council Minutes April 4, 2023 A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to adopt the resolution. City Attorney Davi explained about the current law and proposed new law relating to special tax meaures, and gave further information on the "Upland case" that was referenced by Mr. Rowley. She said that this initiative measure would not affect fees for cost recovery such as were approved earlier in the meeting. The Council stated that the Act would potentially cost every city in California additional money and would not help local governments do a better job of helping residents. It was stated that the best way for Council to protect taxpayers was to deliver services efficiently, and that the Act would waste taxpayers' money and would represent change for change's sake only. Measures X and P were cited as examples of measures that benefit the community. The motion carried by the following roll-call vote: 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 COMMENTS Councilmember Smith spoke about returning home from a recent trip and said that it was wonderful to be back in Monterey. Mayor Williamson said that housing policies would be discussed at the April 18, 2023 Council meeting. CITY MANAGER REPORTS City Manager Uslar announced that April is National Earthquake Month and that a small earthquake had in fact taken place shortly before the Council meeting. He said that the Cannery Row Days event was ongoing with a larger event on April 15, and reported that the Recreation department had sold out their spring break sport camps and enjoyed a successful Bunny Hop Photo Op event. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:41 p.m. ADJOURNMENT The Council adjourned at 5:55 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 5

Agenda

City Council Tyller Williamson, Mayor Kim Barber, Councilmember, City Council Agenda District 1 Council Regular Meeting Gino Garcia, Councilmember Alan Haffa, Councilmember Council Chamber Ed Smith, Councilmember, Tuesday, April 4, 2023 580 Pacific St. District 2 Monterey, California 4:00 PM – 6:00 PM PDT City Manager and Teleconference Location: Hans Uslar Westin Boston Seaport District 425 Summer St., Room 519 Boston, Massachusetts How to participate in this meeting:  Written comment: Members of the public may submit comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.  In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.  Remote via ZoomGov Webinar: o Join on a computer or smartphone: https://monterey- org.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used. o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #  If prompted to enter a participant ID, press #  To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay). TELECONFERENCE NOTICE Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Councilmember Barber from the location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3. ***Afternoon Session Agenda *** 4:00 - 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENTS (MATTERS NOT ON AGENDA) 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 4/4/2023 4:00:00 PM 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: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both. 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. March 21, 2023 Regular Meeting (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 of an Ordinance Repealing and Replacing Monterey City Code Chapter 38, Article 17, Section 112.4 – Wireless Communications Facilities and Finding the Same Exempt from the California Environmental Quality Act 3. 2nd Reading of an Ordinance to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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." 4. Amend Resolution 22-086, the FY 22/23 Position Control List by Adding One (1) Full Time Equivalent (FTE) Housing Manager Position and Removing One (1) Vacant FTE Administrative Analyst and Amend and Restate Resolution 23-004, the FY 22/23 Salary Schedule, to Add Salaries for the Housing Manager and the Deputy Public Works Director/Administration Positions (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 5. Authorize a Contract with Community Human Services to Grant $72,000 for the Shuman HeartHouse, Future Emergency Homeless Shelter Located at 600 East Franklin Street (Exempt from CEQA Article 19, Section 15303, Class 3) 2 4/4/2023 4:00:00 PM *** End of Consent Agenda *** 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).) 6. Resolution Modifying the 2019 Management District Plan of the Monterey County Tourism Improvement District (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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. 7. Resolution Reaffirming the City of Monterey’s Opposition to the “Taxpayer Protection and Government Accountability Act” (Initiative 21-0042A1) (Not a Project Under CEQA 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. *** Adjourn to Closed Session (See additional agenda) *** 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." 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: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. 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. 3 4/4/2023 4:00:00 PM City Council Meetings are cable cast live and recorded 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 INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at cityclerk@monterey.org or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation. ACCESSIBILITY: 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 cityclerk@monterey.org or (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 (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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