Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 1, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None 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, Property Manager, Sustainability Coordinator, Building Official, Fleet Manager, Deputy Human Resources Manager, Planning Manager, Police Lieutenant, Assistant City Attorney, Senior Engineer ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually. PRESENTATIONS 1. Receive Presentation from Central Coast Community Energy (3CE) (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Judi Young, of Central Coast Community Energy ("3CE"), gave the staff presentation and answered Councilmembers' questions. During questions, Mayor Williamson left the Chamber at 4:20 p.m. and returned at 4:22 p.m. Public comment was received from Bruce Zanetta, who spoke in support of promoting localized energy resources such as home battery storage, and Esther Malkin, who spoke about the challenges that renters face with the affordability and practicality of electric vehicles and bicycles. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Steve Lightfoot, Nina Beety, Eloise Shim, and Bruce Zanetta. CONSENT ITEMS On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, 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)  City Council Minutes August 1, 2023 RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. July 18, 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 to Amend Monterey City Code Section 28-4 to Add an Exception to Purchasing Requirements for New and Replacement Vehicles (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3666 C.S. 4. 2nd Reading of an Ordinance to Implement a Clerical/Technical Update to Chapter 14, Garbage and Refuse, Article, 1, Section 14-8(5) "Penalty Amounts for Types of Violations" (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3667 C.S. Resolutions 5. Authorize an Appropriation of $240,000 from the Equipment Replacement Fund's Retained Earnings Account for the Replacement of a Failed Heavy Rescue Fire Unit and Enclosed Trailer (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-087 C.S. Other 6. Appoint Councilmember Smith as the Voting Delegate, and Mayor Williamson as the Alternate, for the 2023 League of California Cities Annual Conference – September 20-22, 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Councilmember Smith as Voting Delegate, and Mayor Williamson as Alternate 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 570 Munras Avenue, Suite 10 (formerly Pharmaca) and Suite 20 (Trader Joe's Company); Agency Negotiators: Janna Aldrete; Negotiating Parties: April Sheffield (ROIC Monterey, LLC); Under Negotiation: Price and Terms of Payment for Consent to Sublease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed agency negotiator Aldrete *** End of Consent Agenda *** PUBLIC APPEARANCE 8. Authorize the City Manager to Enter into an Agreement to Provide Fire Services Between the City of Monterey and the Monterey Peninsula Airport District (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-088 C.S. 2  City Council Minutes August 1, 2023 Fire Chief Panholzer gave the staff presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-088 C.S. to Authorize the City Manager to Enter into an Agreement to Provide Fire Services Between the City of Monterey and the Monterey Peninsula Airport 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) 9. Authorizing the City Manager to Execute a Memorandum of Understanding with the Monterey Peninsula Airport District (District) Regarding the District’s Proposed Detachment of Properties from the City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-089 C.S. (3-2, Councilmembers Barber and Haffa voting no) City Attorney Davi gave the staff presentation and answered Councilmembers' questions. Public comment was received from Nina Beety, who asked the Council not to move forward with the proposal and expressed concerns about giving over land to be under the control of the Federal Aviation Administration ("FAA") and the Airport District. The Council discussed the matter. It was stated that executing the memorandum of understanding ("MOU") would be the start of a complicated process and would bring everyone to the table. Concerns cited included California Environmental Quality Act (“CEQA”) implications, tax sharing, revenue sharing, visible impacts to the gateway to the City of Monterey, impacts to the neighbor to the East (formerly Talbot's), the possibility of increased traffic to Garden Road, and a potential impact on the neighborhoods near Fremont Street. It was suggested to allow City staff to negotiate the issues and report back to the Council. On question from the Council, City Attorney Davi said that by approving a MOU committing to the process, the Council would be expressing their approval of the concept so long as the parties could come to an agreement on revenue loss, road ownership issues, buffers, and other noted issues. She likened the matter to entering into an Exclusive Negotiating Agreement ("ENA") regarding a development proposal. It was stated that there was comfort with directing staff to begin negotiations, but less comfort with committing to the process. It was stated that it would be a good business practice to consider a partner agency's request and find the benefit to the city. A motion was introduced by Mayor Williamson, and seconded by Councilmember Smith, to adopt Resolution No. 23-089 C.S. Authorizing the City Manager to Execute a Memorandum of Understanding with the Monterey Peninsula Airport District (District) Regarding the District’s Proposed Detachment of Properties from the City. 3 City Council Minutes August 1, 2023 On question from the Council, City Attorney Davi said that there would be more hearings on the proposed detachment that would require the approval of the City Council. She stated that she would add Council's stated concerns to the MOU so that it would be clear what the City wished to resolve. She specified that the MOU's term for negotiations was a period of two years. It was stated that the City could meet, confer, and find out whether there were possible solutions to the concerns expressed by the Council, and that the MOU would bind the City to negotiate in good faith. Disagreement with the motion was expressed, citing the fact that the Council would not see the MOU before it was signed. It was stated that the issue was more difficult than it needed to be. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Garcia, Smith, Williamson NOES: 2 COUNCILMEMBERS: Barber, Haffa 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 5:45 p.m. RECESS RECONVENE The Council reconvened at 7:01 p.m. with the full Council present. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Haffa led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Nelson Vega. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 570 Munras Avenue Suite 10 (formerly Pharmaca) and Suite 20 (Trader Joe's Company); Agency Negotiators: Janna Aldrete Negotiating Parties: April Sheffield (ROIC Monterey, LLC) 4  City Council Minutes August 1, 2023 Under Negotiation: Price and Terms of Payment for Consent to Sublease Amendment (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, confidential direction was given to real property negotiators cs2. 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) -- Continued from July 18, 2023 Action: On a unanimous roll call vote, confidential direction was given to labor negotator cs3. Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 Unrepresented Employee: Assistant City Manager Agency Negotiator: Brette Neal, Human Resources Director (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken PUBLIC HEARING (EVE) 10. Deny Appeal Application AP-23-0135 and Uphold Planning Commission Decision to Approve Sign Permit SI-23-0051 for Two Rotating Projecting Signs (Flags) and Four Wall Signs at 611 Lighthouse Avenue; Appellant Christine Kerr; Property Owner Anna C Vermi Tr.; Planned Community – Lighthouse (PC-LH) Zoning District ; Commercial General Plan Land Use Designation (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1 and Section 15311, Class 11) Action: Granted Sign Application AP-23-0135, allowing six flags and four wall signs at 611 Lighthouse Avenue Mayor Williamson introduced the matter. He asked the Council to disclose ex parte communications, and no members disclosed any such communications. City Attorney Davi stated that she had a conflict of interest on this item and had not advised staff. She explained that Assistant City Attorney Salameh was present and available to assist Council with any legal questions. Associate Planner Buggert gave the staff presentation, explaining that the Council could follow staff's recommendation by denying the appeal and upholding the Planning Commission's approval, or could uphold the appeal and allow the sign proposal in full. Christine Kerr, of the Bulldog Sports Pub, spoke in support of the sign proposal and asked to be able, at least, to fly flags on Saturdays and Sundays only during football season. Ash Shoukra, of the Bulldog Sports Pub, said that the look of the structure was neat and clean and that the flags were important for what the pub was trying to achieve as a sports bar. He asked City staff why the flags had been requested to fly at a height of 11 feet. He stated that the Salty Seal pub on Cannery Row had ten flags flying. On question by the applicant and the Council, Associate Planner Buggert stated that the intention behind the 11 feet restriction was to provide eight feet of clearance. On question by the Council, he explained that the request for Saturdays and Sundays had not been brought to the Planning Commission, and on question about details of a complaint, he stated that there had not been a known incident but a concern had been expressed about the height. 5 City Council Minutes August 1, 2023 On question by the Council, Mr. Shoukra stated that the complaint had been internal with the Planning Commission. Regarding the number of flags requested, he said that college and NFL football were both very popular and that as many as 50 different games could play in one day. He said that it was important to show the public that their favorite team would be playing. On question by the Council, Associate Planner Buggert said that the City's sign guidelines did not specifically include flags, and explained that the flags had been considered projecting signs. Assistant City Attorney Salameh clarified that the definition of signs was very broad and had been interpreted consistently to include things like flags. Associate Planner Buggert provided an explanation of the calculations of the size of the frontage of the business that had determined four signs and two flags would be allowed. Assistant City Attorney Salameh said that the Council had the ability to deviate from specifics of the guidelines if they felt that the proposal would achieve the overall purpose of the guidelines. Public comment was received from Bill Lipe, who spoke in support of the request for six flags, stating that the guideline was not a requirement, and stressing the tax revenue that could result from high attendance at all the different types of sporting events that were broadcast at the pub. The Council discussed the matter. It was stated that the comparison with the pub at Cannery Row was not applicable because the flags at that location flew from the second story. Support was expressed for the Bulldog Sports Pub being able to promote sporting events, including on Saturdays and Sundays only if necessary. It was stated that the photograph shown of six flags did not demonstrate clutter, and looked reasonable. It was stated that limiting the flags to weekends only would be complicated for the business. It was stated that due to the presence of the small alley, the business frontage did not interfere with neighboring businesses. It was stated that the flags as proposed by the business looked good, would help achieve success for the business, and would not interfere. It was stated that guidelines were there for a reason and that it was important to respect the process that went into decisions made by the Planning Commission. It was suggested to find middle ground on the matter, such as approving four flags instead of two or six. It was noted that the improvement to the property was attractive and important. It was stated that not all businesses were the same and that a valid argument was made for four or six flags at this location due to the nature of the business. It was stressed that the height must allow an average height person must be able to walk underneath the flag, such as approximately 7" of clearance from the ground to the bottom of a hanging flag. Appreciation was expressed for the guidelines and it was stated that the guidelines didn't need to change, and that the character of the business was sufficient reason for a variance. A motion was introduced by Mayor Williamson, and seconded by Councilmember Haffa, to grant the appeal to allow six flags and four wall signs at a clearance of eight feet. In support of the motion, it was stressed by the Council that additional signs should not be encouraged. The Council thanked the ARC and Planning Commission, stating that the fact that Council had granted the appeal did not mean that the commissions had not done good work. The motion carried by the following 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) 6  City Council Minutes August 1, 2023 PUBLIC APPEARANCE (EVE) 11. Presentation of a Proposed Ordinance, Including Findings Demonstrating Need, to Increase Compensation for the Mayor and City Councilmembers (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation, discussed City Manager Uslar gave the staff presentation and answered Councilmembers' questions. During the presentation Councilmember Smith left the Chamber at 7:57 p.m. and returned at 7:58 p.m. Public comment was received from: Kevin Dayton and Bill Lipe, who spoke in support of the proposed ordinance, citing the time-consuming work required to be the Mayor or a Councilmember and noting that the City could change its charter to allow a higher salary; Esther Malkin, who spoke in support of the proposal, stating that representation suffers as a result of low Council wages and that renters and low wage earners would have a greater incentive to run for office if the salary were increased; Eloise Shim, who cited economic uncertainty and the City's budget and stated that the proposed increase was too high; and Lori Mazzuca, who asked the Council to listen better to residents and take to heart what people have to say, and suggested that the Council consider opposing the proposed increase. The Council discussed the matter. Support for the proposed increase was expressed, citing issues including equitability, diversity, representation, the lack of competition in the City's first districted election for Council districts 1 and 2, and the challenge and responsibility that running for office and holding office require of individuals and their families. It was stressed that this increase would impact future elections and future Councilmembers, and was a step toward increasing diversity, equity, and inclusion on the City Council. It was stated that properly compensating expertise, knowledge and diverse backgrounds allowed jurisdictions to make better decisions. Due to the passage of California Senate Bill 329 ("SB 329"), it was stated that many cities would be increasing their Mayors' and Councilmembers' compensation. It was stressed that the focus in increasing the Mayor and Council salaries was to ensure representation for Monterey's residents. It was noted that there would be two more public meetings for residents to speak on the matter. 12. Explore Collaborative Opportunities to Enhance Water Supplies for Affordable Housing with the Marina Coast Water District (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation, discussed City Manager Uslar gave a verbal staff presentation. Remleh Scherzinger, Marina Coast Water District ("MCWD") addressed the Council stating that he had been happy to engage in preliminary discussions relating to the City's ability to work toward housing goals with the assistance of MCWD. Together, they answered Councilmembers' questions. Public comment was received from: Kevin Dayton, who spoke in support of the proposed collaboration and suggested adding it to a larger creative strategy; Adam Pinterits, who spoke in support and commended the City Manager's outside-the-box thinking; Bill Lipe, who urged that the Council look further into collaborating on regional water projects; Sherna Stewart, who promoted home sharing (boarding houses) as a housing solution; Esther Malkin, who stated that any water gained through this proposal should be prioritized to the City's opportunity sites and other affordable housing projects; Nina Beety, who expressed concern about military contaminants affecting drinking water and suggested converting military bases to housing; and 7 City Council Minutes August 1, 2023 Lorna Moffat, who spoke in favor of creative solutions such as compost toilets, planting trees, and using school properties for housing. The Council discussed the matter, speaking in support of the City Manager's proposal and asking him to move forward in looking for opportunities and solutions. It was stated that the City must pursue every possible solution and water source. Interest was expressed in pursuing the boarding house concept and looking at whether City had current regulations in place that made it not possible. COUNCIL COMMENTS Councilmember Haffa shared that he attended the annual luncheon for Community Human Services, at which he said the City of Monterey received an award for its contributions to improve the Safe Place shelter for runaway and homeless youth. He said that the Shuman HeartHouse shelter on Franklin Street was being renovated and should open in September to house 35 women and families. Councilmember Smith reported that Transportation Agency for Monterey County (TAMC) would receive an update on Highways 68 and 156 soon. He said that he is enjoying serving on the Monterey-Salinas Transit (MST) board and learning more about the transportation system and how it assists commuters. He said that residents from hotter parts of the State have been coming to Monterey to cool off this summer. He made positive remarks about what a great town Monterey is. Mayor Williamson reported on the recent board meeting of Monterey One Water (M1W) and gave an update on the Pure Water Monterey project expansion. CITY MANAGER REPORTS City Manager Uslar reported that the City had received a grant from TAMC for upgrades to the intersection at Larkin, Madison and Herman. He showed the Council an award that the City received from the California Transportation Foundation for its adaptive traffic control system. He announced the upcoming meeting regarding the redesign of the Path of History, to be held at the Japanese American Citizens League. ADJOURNMENT The Council adjourned at 9:24 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8