Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 6, 2023 4:00 PM 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, City Attorney, Community Present: Development Director, Parks and Recreation Director, Finance Director, Fire Chief, Library & Museums Director, Public Works Director, City Clerk, Senior Associate Planner, Lieutenant, Building Official, Police Senior Administrative Analyst, Public Works Administrative Services Manager, Parks Operations Manager, Finance Analyst, Senior Engineer, Recreation Manager ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present as highlighted above, and explained to the public how to participate in the meeting virtually. PRESENTATIONS 1. Presentation on Ohana, Montage Health’s Child and Adolescent Behavioral Health Center (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Community Development Director Cole introduced Susan Swick, MD, Executive Director of Ohana, who gave the presentation and answered Councilmembers' questions. Public comment was received from Lorna Moffat, who expressed concern about any tree removal that could be associated with the project. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Robin Domiter, Adam Pinterits, Janine Chicourrat, P. K. Diffenbaugh, Bruce Zanetta, and Lorna Moffat. CONSENT ITEMS The Council requested to pull Items 5 and 6. The Council commented positively on the collaborative revisions to the ADU ordinance made at its prior reading. City Manager Uslar clarified for the record that the grant proposed in Item 9 would affect only a small strip of land between two parking lots that was not used for any kind of recreation.  City Council Minutes June 6, 2023 On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS except Items 5 and 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. May 16, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 3. May 24, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Ordinances 4. 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: Adopted Ordinance No. 3664 C.S. Resolutions 5. Adopt the Laguna Grande Regional Park Trail and Maintenance Strategy Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Adopt the Laguna Grande Regional Park Trail and Maintenance Strategy Action: Pulled from Consent, Adopted Resolution Nos. 23-056 and 23-057 C.S. Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. Public comment was received from Tanja Roos, who spoke in support citing health and environmental benefits, and Lorna Moffat, who shared environmental concerns and asked Council to ask more questions. Beth Matz, consultant with BFS Landscape Architects, addressed questions about herbicide use, and said tree removal will be focused on invasive species with the primary intent to remove invasive brush that has built up over time. She said that the Audubon Society had been involved in reviewing the plans. She reviewed the anticipated costs for the first phase of the project. The Council asked the JPA to work on the issue of where displaced homeless people will go. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Nos. 23-056 and 23-057 C.S. to Adopt the Laguna Grande Regional Park Trail and Maintenance Strategy Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and Adopt the Laguna Grande Regional Park Trail and Maintenance Strategy: 2  City Council Minutes June 6, 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) 6. Establish the 2023-24 Appropriation Limit (Gann Initiative) (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. 23-058 C.S. Finance Director King gave a brief verbal staff presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 23-058 to Establish the 2023-24 Appropriation Limit (Gann Initiative): 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 the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District, the New Monterey Business Improvement District, and the North Fremont Business Improvement District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 23-059, 23-060, and 23-061 C.S. 8. Accept and Appropriate $40,000 Grant from the California Automated Permit Processing Program to Implement an Automated Online Solar Permitting Platform for Residential Solar Energy Systems; and Authorizing the City Manager to Execute the Grant Agreement with the California Energy Commission (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-062 C.S. 9. Authorize the City Manager to Enter into a Grant Agreement with the California-American Water Company; Authorize an Increase in FY24 Revenue and an Appropriation of $30,000 in Grant Funds for the San Carlos Beach Landscape Project (Exempt from CEQA, Article 19, Section 15304, Class 4) Action: Adopted Resolution No. 23-063 C.S. 10. Ratify Special Event Use Permit Between the County of Monterey and the City of Monterey for Toro Park Youth Overnight Area for Camp Quien Sabe and Authorize the City Manager To Execute Future Agreements with the County for Camp Quien Sabe (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-064 C.S. 3  City Council Minutes June 6, 2023 Other 11. Monterey 2031 General Plan Update Schedule - Housing Element, Safety Element, Land Use Element, Circulation Element (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received the schedule for the Monterey 2031 General Plan update 12. Appoint William Pyzel as an Alternate to the Building and Housing Appeals Board (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed William Pyzel to the Alternate seat on the Building and Housing Appeals Board for a term expiring on June 30, 2027 *** End of Consent Agenda *** PUBLIC APPEARANCE 13. Adopt a Resolution on Various Reserve Policies (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-065 C.S. Finance Director King gave the staff presentation and answered Councilmembers' questions together with City Manager Uslar. Public comment was received from Bruce Zanetta, who provided input on emergency vehicles that he said could act as mobile generators. The Council discussed the importance of funding fiscal reserves. The idea was proposed to develop a policy relating to vehicle replacement, opinions were expressed both for and against developing a policy. The Council praised staff and said that the reserves will put the City in a better position in the future. Comments were made stating that bonds shouldn't be issued unless absolutely necessary, and that in future years the City should consider dedicating higher percentages to the Sea Level Rise reserve and Economic Uncertainty reserves. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 23-065 C.S. Adopting Various Reserve Policies: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Recognize June 2023 as LGBTQIA2S+ Pride Month and Authorize the Pride Flag Display at City Hall Annually During the Month of June (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-066 C.S. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the matter to the evening session: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) 4  City Council Minutes June 6, 2023 RECUSED: 0 COUNCILMEMBERS: (None) Item 14 was then taken up at 7:14 p.m. following continued public comments. Mayor Williamson and City Manager Uslar made a brief verbal presentation. Public comment was received from one man in the audience who called out that he supported the matter. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 23-066 C.S. Recognizing June 2023 as LGBTQIA2S+ Pride Month and Authorizing the Pride Flag Display at City Hall Annually During the Month of June: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 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 5:49 p.m. RECESS RECONVENE The Council reconvened at 7:00 p.m. with Councilmember Smith absent. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Dan Turner, Esther Malkin, Bryan Rosen, and Nina Beety. Councilmember Smith arrived at 7:10 p.m. during public comment. Following public comment, the Council took up Item 14, which had been previously continued to the evening session. PUBLIC APPEARANCE (EVE) 15. Adopt the Fiscal Year (FY) 2023-24 Operating Budget and Adopt the FY 23/24 Salary Schedule (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 23-067 and 23-068 C.S. Following Item 14, City Manager Uslar, Assistant City Manager Rojanasathira, and Finance Director King gave the staff presentation and answered Councilmembers' questions. 5  City Council Minutes June 6, 2023 Public comment was received from: Rob O'Keefe, of Monterey County Convention and Visitors Bureau, who spoke about tourism revenues and the proposed plan to maximize its potential by focusing on business visitors and international market; Esther Malkin, who asked for information on the homeless navigator position; and Richard Ruccello, who raised issues of fairness and equity of City services offered in Council District 4 as compared with those offered elsewhere in the City. The Council discussed the budget and expressed that it was well-prepared by City staff. Interest was expressed in reopening Casanova Oak Knoll Park Center and it was stated that programming needs to be equitable across the City. It was stated that the Council aimed to reopen the center at the appopriate time after looking carefully at opportunities and programs. It was suggested that the Council should look at having Neighborhood and Community Improvement Program (NCIP) fund projects that don't require heavy lifting from the City's Engineering division. Support was expressed for the Communications Manager reclassification, stating that it aligned with the Council's value driver of transparency and inclusivity in government. Concern was expressed that the City's museums and library felt like an afterthought in the budget, and that pre-pandemic operation hours should return. It was noted that engineering positions should made more competitive. It was suggested to form a Friends of Monterey Sports center group. It was expressed that moving back to a biennial budget would be appreciated. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-067 to Adopt the Fiscal Year (FY) 2023-24 Operating Budget and Resolution No. 23-068 C.S. to Adopt the FY 23/24 Salary Schedule: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 10:00 p.m. and reconvened at 10:11 p.m. 16. Adopt Recommended Capital Improvement Program (CIP) Projects for FY2023/24 (Exempt from CEQA per Article 19, Section 15301, 15302, 15306, Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 or Initial Study Mitigated Negative Previously Prepared and Certified) Action: Adopted Resolution No. 23-069 C.S. Public Works Director Renny gave the staff presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 23-069 C.S. to Adopt Recommended Capital Improvement Program (CIP) Projects for FY2023/24: 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  City Council Minutes June 6, 2023 17. Approve Project Description for Cannabis Businesses and Temporary Cannabis Events so that the Community Development Department can Start Environmental Review under the California Environmental Quality Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Approved project description as amended to change the number of events from five to two (those two designated to occur in connection with the California Roots and Rebels and Renegades festivals) (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions together with City Attorney Davi. Public comment was received from: Anthony Gonzales, who said that location should be part of the application process and that residents and property owners should be involved in deciding on locations; Esther Malkin, who expressed that the price point at retail cannabis shops will be an important factor for residents and added that there is local interest in cannabis lounges; Joey Espinoza, of Monterey County NORML, who raised questions about the ranking methodology, suggested revising the requirements relating to retention of surveillance video and free samples, and asked for clarification regarding tax to be owed by distributors; Kelly Violini, of North Fremont Business District and Monterey Fairgrounds, who thanked the Council and staff for their work and expressed that she hoped the process would continue to move forward; Dan Sheehan, of Good Vibez Presents, who spoke in support of adding a cannabis retail component to his existing festivals California Roots and Rebels and Renegades, which he stated would bring the City additional revenue. On question from the public, City Attorney Davi clarified that the event slots reserved for the California Roots and Rebels & Renegades festivals were reserved but that those festivals would still have to apply. She stressed that the matter before the Council at this meeting was to determine the approved project description so that the Community Development Department could begin their California Environmental Quality Act (CEQA) review. She said that the location component was a policy decision and that the idea to leave it for after the ranking process had been modeled after the successful West Hollywood process and was intended to provide for greater equity. Assistant City Manager Rojanasathira said that limited police resources were the reason staff recommended limiting the remaining three cannabis events to one-day events. The Council discussed the matter. Concern was expressed about police resources and it was suggested to start out with the two known events and revisit additional events in the future if appropriate. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council extended the meeting to 11:00 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) A motion was introduced by Councilmember Haffa, seconded by Councilmember Garcia, to approve the Project Description for Cannabis Businesses and Temporary Cannabis Events so that the Community Development Department can Start Environmental Review under the California Environmental Quality Act, as amended to change the number of events from five to two (those two designated to occur in connection with the California Roots and Rebels and Renegades festivals). 7 City Council Minutes June 6, 2023 The Council suggested to bring back a discussion about social equity as a component to the program, dedicating a percentage of the revenues to social equity issues. Concern was expressed that revenues from cannabis retail may not be as impressive as the City hoped, and that the City should not promote the use of marijuana due to health concerns. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith recognized the anniversary of D-Day, the military invasion of Normandy, and urged that everyone honor the memories of ,and sacrifices made by, those soldiers. He suggested that the Council host a Transportation Agency for Monterey County (TAMC) staff member to present the Highway 156/Castroville Boulevard Interchange project at a future meeting. CITY MANAGER REPORTS City Manager Uslar announced the upcoming launch of the World's Toughest Row event in which teams would row from Monterey to Kauai. He announced the upcoming Juneteenth holiday and a Buffalo Soldiers ceremony at the Lower Presidio Park. He encouraged all to join in this year's Summer Reading Program at the Monterey Library. ADJOURNMENT The Council adjourned at 11:13 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8