Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 19, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, City Attorney, Community Development Director, Police Present: Chief, Finance Director, Senior Accountant, Public Works Director, City Clerk, Police Lieutenant, Recreation Manager, Operations Supervisor (MSC), Senior Engineer, Administrative Assistant (City Manager's Office), Planning Manager, Associate Planner ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting using Zoom. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from Chandler Roland and Russ Donahoe. CONSENT ITEMS Mayor Williamson stated that Items 4, 6, and 7 had been pulled from the Consent Agenda by members of the public. Public comment on the Consent Items was received from Jennifer Johnson, of See Monterey, who spoke in favor of approving Item 14. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT ITEMS except Items 4, 6, and 7: 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. August 30, 2023 Special Meeting (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved  City Council Minutes September 19, 2023 2. September 5, 2023 Regular Meeting (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 3. Accept an Army Project Award and Authorize Budget Adjustments in the Amount of $932,012.56 in the Presidio of Monterey Public Works Fund for the POM B622 Upgrade Fire Alarm System Project Under the Intergovernmental Support Agreement ***IGSA*** (NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 23-103 C.S. Ordinances 4. 2nd Reading of an Ordinance Updating Provisions, Processes, and Procedures relating to the City’s Boards, Commissions, and Committees (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. 3669 C.S. Public comment was received from Jean Rasch, who spoke about a separate matter relating to boards and commissions, requesting that the Council broaden the process for interviewing applicants so that the Mayor would not conduct interviews alone. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Ordinance No. 3669 C.S. Updating Provisions, Processes, and Procedures relating to the City’s Boards, Commissions, and Committees: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 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” Retroactive to July 6, 2023 (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17) Action: Adopted Ordinance No. 3670 C.S. 6. 2nd Reading of an Ordinance to Establish a Rental Inventory and Requiring Registration of All Residential Rental Properties within the City of Monterey Beginning January 1, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Passed ordinance to print, as amended to: * Add a five (5)-year sunset, * Add a claimed exemption for self-managed properties of three (3) or fewer units within the City, and * Add language requiring that a tenant give 30 days' notice to their landlord regarding their lack of registration prior to bringing an action (this modifies 8-02.05(E)) (4-1, Councilmember Smith voting no) 2 City Council Minutes September 19, 2023 Mayor Williamson shared ground rules for the civil conduct of the meeting and asked all participants to be professional and courteous in making public comments. City Manager Uslar made a brief verbal report outlining the events of the September 5, 2023 Council meeting and the resulting amendments to the proposed ordinance. On question from Council, Nazanin Salehi, outside counsel with Goldfarb & Lipman LLP, said that language could provide for the protection against abuse by limited liability corporations (LLCs), which she said would require more active enforcement by City staff and would require the Council to consider its current exemptions. On question from Council, City Manager Uslar estimated that the cost to register would be approximately $50 per year. Due to the number of people intending to comment, Mayor Williamson stated he would limit comments to two (2) minutes. Public comment was received from: Jack Fields, who stated that a rental registry would decrease inventories and lead to gentrification, and asked Council to consider an exclusion for "mom and pop" property owners; Char Carter, who said that the proposed registry was expensive and not needed; Kathy Nolan, who asked the Council to consider alternatives; Candace Evans, who alleged a lack of transparency and expressed concern about the cost of the proposed program; Charles Carter, who discussed the difference between taxes and fees and stated that the proposed registry would be an assault on the elderly; Adam Pinterits, of Monterey County Association of Realtors, who asked for an exemption on "mom and pop" landlords and stated that housing units were lost in Seattle; Mark Horner, who spoke in favor of the proposed registry, stating that teachers and workers can't afford to live in Monterey, and asking the Council to consider a cap on how many rentals a property management company could manage; Taylor Buaya, who spoke in favor of the proposed registry, stating that landlords and property management companies had shown economic irresponsibility with housing rates; Thomas Lee, who spoke against the proposed registry, stating that some of the biggest losers in San Francisco's rent control experience were renters; Lawrence Samuels, who spoke against the proposal, citing Seattle statistics; Kathie Buaya, who spoke in favor of the proposed registry, citing housing affordability issues and stating that young people's paychecks go almost fully to cover their rent; Nelson Vega, who spoke against the proposal, expressing privacy concerns, and stating there should be hold harmless language and tenants should be able to opt out; Joe Williams, who spoke against the proposal, stating it was contrary to the goals of increasing housing and would negatively impact landlords and tenants; Luis Osorio, who stated that the housing affordability issue has been getting worse over the years at the control of the market forces, but that the plight of owners was valid, and asked the Council to take public feedback and create a better product; an unidentified woman, who stated she was a landlord in the Oak Grove neighborhood and said she would refuse to participate in the registry; Jean Rasch, who spoke in favor of the proposal, stating being in business involves a lot of sharing of data and that the City has an obligation to learn more about the housing crisis and how to respond to it; an unidentified man, who spoke against the proposal, citing unintended consequences and bad feelings; Amanda G., who spoke against the proposed registry, and said if it moved forward it should exempt "mom and pop" operations as well as people who were born and raised locally but married to military spouses; Tom Reeves, who spoke against the proposed registry, and said if it moved forward the Council should keep family-to-family rentals part of the "mom and pop" conversation; Esther Malkin, who said that the registry was not meant to create housing and was not a rent control ordinance; and Lori Mazzuca, who said that rental registries often lead to rent control, suggested the City take a different route in addressing concerns over property management companies, and expressed privacy concerns with regard to the proposed registry. The Council discussed the matter. Comments were made against the ordinance, stating that there was a way to get the needed data without taxing property owners and creating new city jobs. Concern was expressed that 3 City Council Minutes September 19, 2023 the ordinance was silent on code enforcement. It was stated that the Monterey County Property Owners Association, Monterey County Association of Realtors, Monterey Peninsula Chamber of Commerce, Monterey County Hospitality Association, and the majority of speakers at this meeting and the prior meeting were against this. It was stated that if the registry were to be approved, it should have a sunset. Interest was expressed in knowing more about hold harmless language to protect landlords. Concern was expressed about friction between landlords and tenants, stating that property owners find the proposal intrusive. It was stated that, in the words of former Mayor Roberson, "the neighbors know the answer." It was stated that some Councilmembers had supported rent control at past meetings. On question, Ms. Salehi clarified that the ordinance as presented would allow tenants to bring action against their landlords for not registering. On question, City Manager Uslar said that the City needed to know about landlords who did not register their apartments. Comments were made in favor of the ordinance. Appreciation was expressed to the public who spoke on the matter. It was stated that a Councilmember supporting the proposed registry did not mean a Councilmember would support rent control. It was stated that the valid purpose to a registry was to provide legal services to provide to landlords and tenants, and to gather and provide important information, with another potential benefit in monitoring legal conformity of housing units. It was suggested to exempt participation for "mom and pop" landlords (which was defined as three units or fewer, managed by the owner). Interest was expressed in learning how a landlord could unregister. Interest was expressed in establishing a five-year sunset for the program. In response to requests from the public to "throw away" the ordinance, it was stated that everyday the Council heard from constituents who struggled with rent increases. The question was posed: What was the answer for how to help people who were struggling to stay in their homes? It was stated that the proposed registry would provide a better understanding of what the City was up against with regard to housing issues. It was expressed that implementation of this registry would lead to better design of policy. It was agreed that neighbors know the answer, and stressed that all neighbors needed to be heard, and that hearing primarily from landlords could not provide the complete picture. During discussion by Council, Mayor Williamson left the Chamber at 5:43 p.m. It was stated that the registry was not intended to penalize anyone who was doing right by their tenants, and that it would be a good way to ensure compliance. On question, Ms. Salehi confirmed that family-to-family rentals could be exempted from registering. She stated that the ordinance requires registration to be updated when occupancy status changes. She clarified that tenants' names, genders, sexes, and ages would not being collected, let alone publicized. She stated that the ordinance could require that a small property owner who was exempt was a natural person who owned three or fewer units within the City. On question regarding the difference between fees and taxes, City Manager Uslar cited the California Constitution's allowance to recover "costs reasonably borne" and explained that the cost to register was legally a fee, not a tax. He stated that the more exemptions and loopholes were created, the less of an inventory there would be and the more difficult the ordinance would be for staff to enforce. The Council discussed the potential definition of "mom and pop" owners. The idea was posed that "mom and pop" landlords could be considered those owning three units or fewer that were self-managed, and for the City to make registration free and optional for these landlords to broaden the database. It was stated that renters had not spoken due to fear of retaliation, citing one landlord who said they were making a list of people in favor of the registry and that they would not rent to them. It was stated that this had been a very transparent process with a community town hall, numerous Council meetings and two ordinance readings to date, with a great deal of public input received. It was discussed that registry questions could be asked that 4  City Council Minutes September 19, 2023 would then provide exemptions based on the answers (such as family-to-family, and/or self- managed rentals), and that meanwhile the data could still be collected relating to the claimed circumstances requiring the exemption. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to pass to print the draft ordinance, as amended to add a five (5)-year sunset, with a claimed exemption for self-managed properties of three (3) or fewer units within the City. Councilmember Smith suggested a friendly amendment to eliminate 8-02.05(E), the paragraph beginning with "a Tenant may enforce the provisions of this Article..." The mover declined to accept this amendment, citing compliance concerns. City Attorney Davi suggested that a tenant could give a 30-day notice to the landlord to register before bringing an action. Councilmember Smith suggested a friendly amendment to require that a tenant give a 30-day notice to their landlord regarding their lack of registration prior to bringing an action. The mover and seconder agreed to this friendly amendment to add the 30-day notice requirement. A substitute motion was introduced by Mayor Williamson, to duplicate the original motion, including the accepted friendly amendment, but discarding the three-unit exemption. The substitute motion died for lack of a second. The original motion, as amended by the successful friendly amendment, passed 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) Resolutions 7. Authorize a $29,874 Contribution to the Interfaith Homeless Emergency Lodging Program (I- HELP) for Emergency Homeless Shelter Services (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. 23-104 C.S. Public comment in favor of authorizing the contribution was received from Tony Finnegan, of I- HELP. The Council made positive remarks about I-HELP and the City's collaborative approach. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-104 C.S. authorizing a $29,874 Contribution to the Interfaith Homeless Emergency Lodging Program (I-HELP) for Emergency Homeless Shelter Services: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5  City Council Minutes September 19, 2023 8. Authorize the Finance Director to Appropriate a Total of $50,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to Three Previously Approved NCIP Projects ***NCIP*** (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-105 C.S. 9. Authorize the Purchase of One (1) Heavy-Duty Flatbed Truck at a Price Not to Exceed $165,000 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-106 C.S. 10. Authorize the Purchase of One (1) Utility Dump Truck at a Price Not to Exceed $110,000 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-107 C.S. 11. Authorize an Application to the California Coastal Commission for a Local Coastal Program Local Assistance Grant and, if Awarded, Appropriate the Funds and Authorize the City Manager to Enter into a Grant Agreement (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 23-108 C.S. 12. Authorize the City of Monterey to Apply for the CalRecycle SB 1383 Local Assistance Grant Program for FY 2023-2024 Through FY 2028-2029 Either Individually or Jointly with ReGen Monterey or Other Local Agencies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-109 C.S. 13. Adopt a Resolution to Execute a Memorandum of Understanding (MOU) for FY 2023-2024 Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) and Authorize the Payment of $31,526 for These Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-110 C.S. 14. Authorize the City Manager to Sign an Agreement for Destination Marketing and Group Sales Services in an Amount Not to Exceed $1,800,000 with the Monterey County Convention and Visitors Bureau (dba See Monterey) Effective July 1, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-111 C.S. Other 15. Recognize City Employees for Milestone Anniversaries and Retirements for 3rd Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized Javier Galvan, Parking Maintenance Worker, for 25 years of service 16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 693 Del Monte Avenue (Monterey Bay Kayaks); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Cass Schrock (Monterey Bay Kayaks, 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 6  City Council Minutes September 19, 2023 *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda At 10:42 p.m. after Items 19 and 20 were tabled, the Council adjourned to the Ocean View Community Services District meeting. 17. Receive Ocean View Community District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report This item was heard in the evening session, pursuant to the consensus decision of the Council during the afternoon session. Public comment on the matter was received earlier in the meeting, during the afternoon, from Bob Faulis, who asked for a letter of support to the Coastal Commission and provided an update on the status of the legal case regarding the vacant land on Cannery Row. Adjourn to City Council Meeting The Ocean View Community Services District boardmembers adjourned to the City Council meeting. *** Adjourn to Closed Session (See additional agenda) *** The Council adjourned to closed session at 6:35 p.m. RECESS RECONVENE The Council reconvened at 7:20 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Continued public comment on non-agendized matters was received from: Julie Gorman, Taven Kinison-Brown, Luis Osorio, Tom Reeves, PK Diffenbaugh, and Lorna Moffat. During public comments, Mayor Williamson left the Chamber at 7:25 p.m. and returned at 7:27 p.m., and Councilmember Smith left the Chamber at 7:32 p.m. and returned at 7:34 p.m. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: 7  City Council Minutes September 19, 2023 cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Michael Bruno v. City of Monterey (Workers' Compensation Appeals Board Case) Action: On a unanimous roll call vote, the Council gave confidential direction to legal counsel cs2. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): In re: Western Sky Produce, LLC (business license tax dispute) (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 legal counsel cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 693 Del Monte Avenue (Monterey Bay Kayaks) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Cass Schrock (Monterey Bay Kayaks, 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 roll call vote of 4-0-1 (Councilmember Smith absent), the Council gave confidential direction to real property negotiators Adjourn to Joint Special Meeting and Establish Quorum of the Planning Commission The Council adjourned to the joint special meeting with the Planning Commission. City Clerk Klein called the roll, establishing the quorum of the Planning Commission as follows: [add table showing roll call of PC: Commissioners Bluth, Brassfield, Dawson, Fletcher, Freeman, Latasa, Silva] JOINT SPECIAL MEETING: CITY COUNCIL AND PLANNING COMMISSION 18. Review a Summary of Public Comments Received During the Required 30-Day Public Comment Period on the 2023-2031 Draft Housing Element (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Reviewed the summary of public comments City Manager Uslar made a verbal introduction, and Community Development Director Cole gave the staff presentation together with Andrew Hill, consultant with Dyett & Bhatia Urban & Regional Planners. During the presentation by Mr. Hill, Councilmember Garcia left the Chamber at 7:46 p.m. and returned at 7:48 p.m., Mayor Williamson left the Chamber at 8:11 p.m. and returned at 8:13 p.m., and Councilmember Barber left the Chamber at 8:28 p.m. and returned at 8:30 p.m. Mr. Hill and Community Development Director Cole answered questions received from the Planning Commissioners and Councilmembers. During questions, Councilmember Haffa left the Chamber at 8:36 p.m. and returned at 8:39 p.m. and Councilmember Smith left the Chamber at 8:58 p.m. and returned at 8:59 p.m. Suggestions received from the Planning Commission and City Council included utilizing an electronic inventory form; adding stakeholder agencies including Del Rey Oaks, the Airport, Monterey County; the need to add amenities like grocery stores to Ryan Ranch area; raising height limits in business corridors; and focusing on employer-sponsored housing. Concerns expressed included unintended consequences such as parking, traffic, evacuation difficulties, 8  City Council Minutes September 19, 2023 and future strains on services due to the addition of residents. It was stated that the affordability mix at Fort Ord should be high. The Council and Planning Commission recessed at 9:18 p.m. and reconvened at 9:25 p.m. Public comment was received from: Kevin Dayton, of Monterey Peninsula Chamber of Commerce, who spoke in favor of the draft Housing Element; Gabe Sanders, of Monterey Bay Economic Partnership (MBEP), who provided clarification about common areas and MBEP's lack of support for in-lieu fees and spoke in support of the streamlined permitting pilot program and continuing conversations with developers; Luis Osorio, who made many suggestions including using the fairground site for housing, looking at restrictive height and setbacks requirements, developing a specific plan for the Tarpey Flats and school district site, and removing hotel units on North Fremont Street; Sloan Campi, who spoke about parking requirements and stated that car ownership will be decreasing, and solutions lie in increasing transit use and density; Cora Panturad, who gave many program and policy suggestions including around sustainability requirements for new construction, traffic calming and noise pollution reduction; Suzie Wooster, who spoke favor of mixed use at Fort Ord and about the need to think about climate impacts, reduce commutes, and get people out of cars; Jose Torres, of Landwatch Monterey County, who spoke in favor of infill development and less sprawl, citing environmental impacts, and said that Monterey-Salinas Transit ("MST") should increase public transit in the Ryan Ranch area; Lorna Moffat, who said that the Council should fight for Monterey and sue the State of California over their requirements; Tom Reeves, who discussed the Lighthouse area housing allocation, the tunnel, sea level rise and fire risks, and emergency evacuation concerns; P. K. Diffenbaugh, who spoke in support of the educator workforce overlay and said that the Monterey Peninsula Unified School District ("MPUSD") wanted to be part of the solution; Adam Pinterits, of Monterey County Association of Realtors, who said that it was imperative for the City to move forward with increasing its housing, and the related need for a reliable water source, and asked Council to emphasize streamlining processes; Esther, who wondered how many Landwatch members experience housing instability, and said that some moderate housing is needed in order to free up units; and Diane Coward, who spoke in support of approving the draft Housing Element, and said that greater density in the Cass Street area would allow more housing units. During public comments, a coordinated verbal attack was conducted via Zoom by numerous individuals who joined the meeting in bad faith and espoused racist and anti-Semitic views, used abhorrent hate speech, and did not address the draft Housing Element. Mayor Williamson requested that comments remain on-topic to the matter of the draft Housing Element, and when speakers were unwilling to comply, their comments were cut short. Adjourn to City Council Meeting The joint meeting with the Planning Commission ended at 10:19 p.m., and the Mayor and Councilmembers adjourned to the City Council meeting. PUBLIC APPEARANCE (EVE) 19. Approve or Direct any Changes to the Public Review Draft of the Housing Element; and Authorize the City Manager to send a Revised Draft Housing Element to HCD to Start the Legally Mandated 90-day HCD Review (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled 9  City Council Minutes September 19, 2023 City Attorney Davi gave a brief presentation explaining the process for recusals based on 500- and 1000-foot radius of property owned by Councilmembers. Mayor Williamson left the Chamber at 10:25 p.m., and Vice Mayor Haffa and the Council took up the matter of his recusal sites. During the period intended for public comments on Mayor Williamson’s recusal sites, racist and anti-Semitic remarks on Zoom continued, with no comments made in relation to the draft Housing Element. Vice Mayor Haffa requested that comments remain on-topic to the matter of the draft Housing Element, and when speakers were unwilling to comply, their comments were cut short. The Council recessed at 10:30 p.m. and reconvened at 10:41 p.m. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled Items 19 and 20: 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 HEARING (EVE) 20. Adopt the Program Year 2022 Consolidated Annual Performance and Evaluation Report for Housing and Community Development Programs and Authorize Submission to the U.S. Department of Housing and Urban Development (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Tabled COUNCIL COMMENTS The Mayor and Council discussed expressed sincere appreciation for the Planning Commission, the community, staff, and consultants relating to the draft Housing Element. Councilmember Garcia thanked Police Chief Hober and Lieutenant Andrews for coordinating his ride-along with Officer Ventimiglia. Councilmember Haffa said he attended the Monterey Vista Neighborhood Association and Fisherman's Flats neighborhood parties and enjoyed them. He highlighted the Cannery Row Plaza project and said that he thought the Council should consider writing a letter to the Coastal Commission to support the project. Regarding the Housing Element, he said that the City is working to address climate change. Mayor Williamson reported from Monterey One Water about Pure Water Monterey's water delivery. He said there was discussion about changing the weighted vote in the JPA and that it may reduce the power of Monterey's vote. CITY MANAGER REPORTS City Manager Uslar announced upcoming events at the Montecito Park Center. 10 City Council Minutes September 19, 2023 ADJOURNMENT The Council adjourned at 10:55 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 11