Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 16, 2023 7:00 PM COUNCIL CHAMBER 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, Community Development Present: Director, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Public Works Director, Assistant City Attorney, City Clerk, Senior Engineer, Engineering Assistant, Engineering Assistant, Associate Planner, Deputy Human Resources Manager *** Evening Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 7:00 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting virtually. PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. PRESENTATIONS 1. Recognition of Monterey County Health Department, Elsa Mendoza Jimenez, and Edward Moreno, M.D.; Montage Health, Steven Packer, M.D., and Martha Blum, M.D.; and the Monterey County Department of Emergency Management, Former County Administrative Officer Charles McKee, Assistant County Administrative Officer Nick Chiulos and Emergency Management Director Kelsey Scanlon for their Response to the COVID-19 Pandemic (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Recognized proclamation recipients City Manager Uslar made a verbal presentation recognizing the aforementioned partners and their outstanding work supporting the public health of the community throughout the COVID-19 pandemic. The Council echoed Mr. Uslar's comments and added praise for City staff. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Jean Rasch, Bob Evans, Tenzin Gaphell, and Esther Malkin. CONSENT ITEMS The Council pulled Items 5 and 9 from Consent. Public comment on the Consent Items was received from Jean Rasch, who made suggestions for changes to the board and commission appointments process.  City Council Minutes May 16, 2023 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 Items 5 and 9: 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. May 2, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Ordinances 3. 2nd Reading of an Ordinance Implementing Financial Hardship Fee Waivers for Appeals and Updating the Administrative Citation Advance Deposit Hardship Waiver Eligibility Criteria (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3662 C.S. 4. 2nd Reading of an Ordinance to Amend the Flavored Tobacco Ordinance (Chapter 19, Article 5 of the Monterey City Code) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3663 C.S. 5. 2nd Reading of an Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17) Action: Pulled from Consent; Passed ordinance to print as amended so that Section 38- 112(2)(d)(iii)(5) shall read: "Any window parallel to an adjoining property line and closer than 10 feet shall be opaque." (4-1, Councilmember Haffa voting no) On question from Council, Community Development Director Cole explained the background of the requirements for windows to be "opaque and inoperable" or "clerestory," provided context regarding a current project for which the distinction was important, and stated that it was a policy decision for the Council. She said that allowing operability would be a possible compromise, and the Council made comments in favor of the concept. Public comment was not received. The Council shared concerns about privacy and safety, and expressed interest in hearing more from the public before making policy changes to help one applicant, and also in removing barriers and accelerating the building of accessory dwelling units (ADUs) in the community. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council passed the ordinance to print, as amended so that Section 38-112(2)(d)(iii)(5) shall read: "Any window parallel to an adjoining property line and closer than 10 feet shall be opaque." AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 1 COUNCILMEMBERS: Haffa 2  City Council Minutes May 16, 2023 ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 6. Identify the Rehabilitation of Monroe Street as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-050 C.S. 7. Authorize the City Manager to Enter into a Master Programs Funding Agreement with the Transportation Agency for Monterey County to Receive Allocations from Regional Surface Transportation Program, Regional Development Impact Fee, and Transportation Development Act 2% Program, Amend Resolution 22-135 to include the Del Monte/Washington Intersection Bike and Pedestrian Improvement Project, and Authorize an Increase of FY23 Revenue and Appropriation of Regional Surface Transportation Funds in the Amount of $208,940.31 ***CIP*** (Mitigated Negative Declaration Previously Approved) Action: Adopted Resolution No. 23-051 C.S. 8. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-052 C.S. 9. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 23-053 C.S. At the request of newer Councilmembers, Engineering Assistant Hennings gave a brief staff presentation explaining the City's maintenance districts on Alvarado Street and Calle Principal. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-053 C.S. Receiving Alvarado Street Maintenance District 85-1 Engineer's Report, Expressing Intention to Levy Assessment; and Setting Time for Public Hearing: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 10. Amending and Restating Resolution 23-004, the Salary Schedule, to Add a Full-Time Police Recruit Position (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-054 C.S. 3  City Council Minutes May 16, 2023 Other 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1187 Del Monte Avenue (Mohr Imports); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Adam Mohr (Mohr Imported Cars, Inc.); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete 12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 290 Figueroa Street (Dust Bowl Brewing Co. Tap Depot); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Brett Honore and Brett Tate (Dust Bowl Brewing Co., LLC); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete 13. Receive Mayor’s Recommendations and Make Appointments to the Architectural Review Committee, Building and Housing Appeals Board, Neighborhood and Community Improvement Program (NCIP) Committee, and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Kimberly Turgen to the Architectural Review Committee, William Pyzel to the Building and Housing Appeals Board, Jeff White as alternate to the Del Monte Beach neighborhood on the Neighborhood and Community Improvement Program (NCIP) Committee, Natalia G. Tjandra as alternate to the New Monterey neighborhood on the NCIP Committee, and Peter Silva to the Planning Commission, with terms for all appointments expiring June 30, 2027 14. Approve a Letter Urging the State Legislature to Take Action to Address the Fentanyl Crisis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved letter *** End of Consent Agenda *** PUBLIC APPEARANCE (EVE) 15. Receive Report About the Final Administrative Draft Compatible Use Study (Exempt from CEQA Article 18, Section 15262) Action: Received report Larry Dotson, of Matrix Design Group, gave the presentation. Public comment was received from: Adam Pinterits, of Monterey County Association of Realtors, who provided input on various sections of the report; Esther Malkin, who spoke about the military's effect on local housing stock; Nina Beety, who alleged bias, conflict of interest, and a lack of transparency in the study process, and made remarks critical of the military's local impacts; and Kevin Dayton, of Monterey Peninsula Chamber of Commerce, who made remarks in favor of the study and of the military's influence on the area. On question from Council, Assistant City Attorney Salameh stated that Mayor Williamson had no legal requirement to recuse himself on this matter due to his employment at the Naval Postgraduate School, noting that the item was agendized for discussion only and no decisions would be made. On question from Council, Mr. Dotson said that the impacts of local military installations on schools, such as high student turnover rates, were not explored in the study. 4  City Council Minutes May 16, 2023 City Manager Uslar noted that the Compatible Use Study was primarily a land use study, and provided further context. Mr. Dotson spoke about the housing challenge and future transportation changes. The Council discussed and expressed interest in further discussion on topics including: the potential of adding workforce housing on military land; the "Monterey Model" by which the City provided services to military installations; the community's perception of the military housing allowance's impact on local housing markets; a working group to improve communication between military installations and the local community; trespassing concerns at military facilities; opportunities for technology and information industries and other related partners; the idea that Lake Del Monte could provide a potential water supply to the City; the need for childcare services; military impacts on school district attendance and funding; the need to develop a mass evacuation plan; and traffic congestion. On question from Council, Erin Harwayne, of Denise Duffy & Associates, addressed the matter of military-owned water supplies, stating that Presidio of Monterey water and Fort Ord water could be interchanged, with any excess water that the military didn't need for their installations permissable for use on former Fort Ord properties. PUBLIC HEARING (EVE) 16. Consider the Planning Commission’s Recommendation to Approve 912 Del Monte Center Text Amendment Application TM-22-0217 to Amend the Del Monte Center SC Plan Land Use Regulations to Modify Permitted Uses at the Shopping Center ; Applicant Sarah Cuban, Wald, Ruhnke & Dost Architects, LLP; Owner American Assets Trust; C-2-SC Zoning District; Commercial General Plan Designation (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Resolution No. 23-055 C.S. (4-0-1, Councilmember Smith recused) Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. On question, Assistant City Attorney Salameh recommended that Councilmember Smith recuse himself from the matter until further legal analysis was completed, due to the distance of his home to the shopping center. Councilmember Smith left the Chamber at 10:05 p.m. Public comment was received from Henry Ruhnke, who spoke in favor of the amendment, citing the small proposed size and the vacancies in the shopping center; and Joseph Davi, of The Joint Chiropractic, who asked Council to approve the amendment and said that providing chiropractic care at the mall will benefit the community. The Council discussed the matter. On question from Council, Senior Associate Planner Schmidt addressed the question of vacancies and the use proposed by the applicant. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-055 C.S. to Approve 912 Del Monte Center Text Amendment Application TM-22-0217 to Amend the Del Monte Center SC Plan Land Use Regulations to Modify Permitted Uses at the Shopping Center: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Smith 5 City Council Minutes May 16, 2023 *** Adjourn to Closed Session (See additional agenda) *** Councilmember Smith returned to the Chamber at 10:12 p.m. Public comment on the closed session was received from Karen Tate, of Dust Bowl Brewing Co., who asked to continue to serve the community with their business. COUNCIL COMMENTS Councilmember Haffa reported on Assocation of Monterey Bay Area Governments (AMBAG) grant funding that he said was available to support cities' housing endeavors. Councilmember Smith asked to agendize and discuss the board, commission, and committee appointment process. He reported from the Monterey-Salinas Transit board, stating that the SURF! bus lane project for Highway 1 was going through its final Environmental Impact Review (EIR) process. He spoke about the prior week having been the national Law Enforcement Memorial week in honor of fallen officers, and honored Monterey County's fallen including Jorge David Alvarado from the City of Salinas. Mayor Williamson echoed the need for discussion about the appointments process. He said that the City needed to look at where to bring in any additional funding to support its housing efforts, including grant funding from the State, and said that a formalized process was needed to create protections for the renter community. He reported from the Monterey One Water board, stating that an agreement with California-American Water ("Cal-Am") had allowed the amended and restated water purchase agreement to be fully executed. He provided an update on the Pure Water Monterey expansion and injection well facilities. CITY MANAGER REPORTS City Manager Uslar reported on the successful community meeting at the Casanova Oak Knoll Community Center, and event at Montecito Park, to discuss reopening and the purpose of the community center. He said that the Monterey Sports Center would celebrate its 31st anniversary on June 1. He reminded the Council and the public of the upcoming special meeting on May 24, 2023, which he said would be about the recent Monterey Sports Center analysis and assessment. He announced an upcoming Rental Inventory Monterey (rental registry) town hall event on May 30, 2023 at the Conference Center. The Council adjourned to closed session at 10:24 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1187 Del Monte Avenue (Mohr Imports) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Adam Mohr (Mohr Imported Cars, Inc.) Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per 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 real property negotiators 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 290 Figueroa Street (Dust Bowl Brewing Co. Tap Depot) Agency Negotiators: Kimberly Cole and Janna Aldrete 6 City Council Minutes May 16, 2023 Negotiating Parties: Brett Honore and Brett Tate (Dust Bowl Brewing Co., LLC) Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per 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 real property negotiators 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; Monterey Executive Management Employees' Association (MEMEA) (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 continued the matter to June 6, 2023 ADJOURNMENT The Council adjourned at 10:57 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7