Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 17, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber (present in afternoon only), Garcia, Haffa, Smith, Williamson Absent: Barber (absent in evening only) City Staff City Manager, City Attorney, Community Development Director, Parks Present: and Recreation Director, Finance Director, Human Resources Director, Public Works Director, City Clerk, Police Lieutenant, Parks Operations Manager, Planning Manager, Senior Associate Planner, Administrative Analyst (Public Works), Police Lieutenant, Senior Engineer, Recreation Manager, Deputy Public Works Director/City Engineer, Senior Engineer, Fitness Supervisor, Specialty Class Instructor ***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 full Council present, and explained to the public how to participate in the meeting remotely. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Chandler Roland, Steve Lightfoot, Nelson Vega, Richard Ruccello, and Esther Malkin. CONSENT ITEMS Mayor Williamson said that a member of the public had requested Item 4 to be pulled from Consent. The Council requested to pull Item 5. Public comment on the remaining Consent Items was not received. 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 and 5: 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. September 27, 2023 Special Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Approved  City Council Minutes October 17, 2023 2. October 3, 2023 Regular Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Approved Award of Construction Contracts 3. Amend Resolution 23-069 to Include the Sports Center Pool Modernization- Dehumidifier Replacement Project in the Capital Improvement Program, Authorize an Appropriation in the amount of $1,181,089.19, and Award a Construction Contract in the Amount of $965,000 to ACCO Engineered Systems, Inc. DBA Geo. H. Wilson (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 23-116 C.S. Ordinances 4. 2nd Reading by Title Only 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 missing language approved on September 19, 2023 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) City Manager Uslar made a brief verbal introduction. Due to the number of individuals expressing their intent to comment, Mayor Williamson stated he would limit public comments to two (2) minutes. Public comment on the matter was received from: Nelson Vega, who said that prior to bringing legal action a tenant should have to give at least 60 days' notice that their landlord had violated the regulations of the registry; Joe Williams, who said the proposed registry would increase costs for landlords and tenants; Adam Pinterits, of Monterey County Association of Realtors, who shared concerns that ordinance should be clearer that registration can be completed by property owner or property manager and that 30 day notice from tenant to landlord that had been directed by Council was not reflected in the draft ordinance section 8-2.05(E); Kathy Anderson, who expressed disappointment that in her view the Council did not listen to the public; Richard Barnard, who alleged that rent control would come next and asked the Council to scrap the registry; Lawrence Samuels, who opined that the proposed registry amounted to scapegoating of landlords; Kathy, who stated that legal contracts should remain confidential and that the proposed registry would not solve the problems that Council believed it would solve; Char Carter, who objected to the estimated cost of the proposed registry and said that fee increases would be transferred to renters; Alan Rosenthal, who said that the public should have the right to vote on the matter; Jeff Gorman, who urged Council to focus energy on home ownership opportunities and to be cautious with density; Esther Malkin, who said that renters were voters and that true "mom and pop" landlords should pressure property management companies regarding concerning business practices; Tom Reeves, who asked the Council to exempt family-to-family rentals from the ordinance and to look at how landlords could de- register; and Lori Mazzuca, who shared concerns that rental inventories had deleterious effects in other cities and asked Council to scrap the rental registry and look at other solutions. 2 City Council Minutes October 17, 2023 On question from Council, City Attorney Davi said that the concern about the missing language in section 8-2.05(e) was accurate and said that the Council could adopt the ordinance as-is and direct staff to amend that language prior to the ordinance's effective date in January, or could amend the ordinance at this meeting and bring it back for another second reading. The Council discussed the matter. It was stated that Councilmembers had listened to all voices, including frequent conversations with residents who shared significant housing concerns. The Council shared anecdotes regarding substantial rent increases currently being imposed on neighbors in the community. Regarding concerns expressed by landlords that the proposed registry would be unfair to them, it was stated that there were unfair situations taking place for renters as well, and that the Council wanted to find a program that would work for both sides of the issue. It was expressed that the proposed registry would provide clearer data regarding the rental situation in the City of Monterey, including numbers of units of various sizes and average rents. It was stressed that having a complete rental data snapshot would inform smart decision- making, would let the City see if issues were present and if housing laws were being violated, and that as the Council moved forward trying to help address the housing crisis it needed to know where it was starting from. It was stated that some of the city comparisons made by commenters did not make sense because large cities in other areas were very different from Monterey. It was clarified to the public that the proposed registration did not require providing a copy of the lease, and that "mom and pop" landlords would be able to claim an exemption. It was posed by the Council that the "mom and pop" exemption could be eliminated entirely, and in discussion it was stated that including that exemption was central to approving the item. On question from Council, Nazanin Salehi, of Goldfarb Lipman, said that under the current language of the ordinance, the property owner or property manager could register a rental, and that both the owner and property manager were required to be identified in the registration. In opposition to the proposed registry, it was expressed by the Council that it amounted to government overreach and was a complicated and expensive way to get the requested data, and that there was a misalignment between the goal and the effect of the policy. It was stated that tenants and landlords both had choices, and that landlords invested their capital with a great amount of risk. Concern was expressed that the proposal had pitted landlords against tenants. Stating that housing supply was the biggest problem, it was urged that the Council table the matter and find better ways to spend the funds, including efforts to assist with down payments and home ownership. In response, it was stated by Council that that there would always be risk associated with investments. It was agreed that concerns were real for landlords around managing rental properties, but it was emphasized that being in the position to own property outside of a primary residence was a privilege and that investing in real estate was a choice. It was stressed that people were suffering and had no other choice than to rent, and that the fear of retaliation from landlords was real for tenants. It was expressed that housing is a human right. Commenters were asked to keep the discussion civil and be respectful about differences of opinion. The Council stressed that they did not intend to be punitive against landlords or create division, but were trying to address an important issue. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed the ordinance to print, as amended to add missing language approved on September 19, 2023 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)): AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 1 COUNCILMEMBERS: Haffa 3  City Council Minutes October 17, 2023 ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 5. Reappropriate Capital Improvement Program Closeout Project Budget Savings in the Amount of $5,453,555 to Various Active Capital Improvement Program Projects, and Appropriate $287,584 in General Fund Ending Balance to the Greenbelt Fuel Reduction & Tree Removal Project (CIP2104) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061; and Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, and Classes 1 and 6) ***CIP*** Action: Pulled from Consent; Adopted Resolution No. 23-117 C.S. City Manager Uslar gave a brief verbal presentation. Public comment was received from: Lorna Moffat, who spoke against removal of trees and asked that the fuel reduction project include how many trees would be removed and why; and Nina Beety, who spoke about smart meters as a fire risk and against removal of healthy trees and of eucalyptus trees. On question from Council, City Manager Uslar said that greenbelt fuel reduction did not involve removing live trees, but rather vegetation, brush, invasive species, and dead trees. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution 23-117 C.S.: 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. Approve an Amendment to the Construction Contract with Precision Grade, Inc. for the Marina Parking Lot Improvement Project by Increasing the Contract Amount from $3,735,966 to $4,185,966 (Exempt from CEQA, Article 19, Section 15302, Class 2) ***CIP*** Action: Adopted Resolution No. 23-118 C.S. 7. Consider 414 Alvarado Street; Assessor’s Parcel Number 001-572-022-000; Application for a Mills Act Contract (MA-23-0147); Applicant and Owner Sanchez Adobe LLC; PC-D-H1 Zoning District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19, Section 15331, Class 31 Action: Adopted Resolution No. 23-119 C.S. 8. Award a Contract in the Amount of $103,171.46 to EquippedFS LLC DBA Equipped Fitness Solutions for the Purchase and Installation of Weight Room Equipment for the Monterey Sports Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-120 C.S. 4  City Council Minutes October 17, 2023 Other 9. Receive Mayor’s Recommendation and Appoint Eric Palmer to the Architectural Review Committee and Adam J. Purdy to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Eric Palmer to the Architectural Review Committee, and Adam J. (“A. J.”) Purdy to the NCIP Committee as alternate to the Aguajito Oaks neighborhood alternate, with both terms expiring June 30, 2027 *** End of Consent Agenda *** PUBLIC HEARING 10. 1st Reading by Title Only of an Ordinance to Rezone 875 Spencer Street from R-3-5 to R-3-5- H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Resolution No. 23-121 C.S., and passed Ordinance to print Mayor Williamson introduced the ordinance by reading its full title. Associate Planner Buggert gave the staff presentation. Public comment was not received. The Council expressed appreciation to the owners, stating that it was clear from the photos that the family was invested in maintaining and improving their historic house. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-121 C.S. to authorize a Mills Act contract, and waived further reading and passed to print the ordinance to Rezone 875 Spencer Street from R-3-5 to R-3-5-H-2 as a City Historic Resource: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:45 p.m. RECONVENE Vice Mayor Haffa reconvened the Council at 7:02 p.m., with Councilmember Barber absent for the evening session, and Mayor Williamson absent due to running late and planning to attend. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. 5  City Council Minutes October 17, 2023 CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) City Clerk Klein read aloud the instructions from the agenda on the procedure for making public comment. Continued public comment on non-agendized matters was not received. PUBLIC APPEARANCE (EVE) 11. Adopt and Approve Funding for the Fiscal Year 2023/24 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-122 C.S. (4-0-1, Councilmember Barber absent) City Manager Uslar gave a brief verbal introduction, during which Mayor Williamson arrived at 7:07 p.m. Following the introduction, Senior Engineer Paulding gave the staff presentation and answered Councilmembers' questions with additional input from Senior Engineer Harty and Public Works Director Renny. Councilmember Smith identified that he may have a conflict for Project MV-05 (San Bernabe Drive Road Design) due to proximity between 500 and 1,000 feet from his residence. On question from Council, Senior Engineer Paulding clarified that the identified Project MV-05 was for design only. Based on the number of hands raised requesting to speak, the Council agreed on consensus to allow 45 minutes' worth of public comment total (three minutes per person). Public comment was received from: Rick Heuer, of the NCIP Committee, who addressed the topic of operations and maintenance, noting the difficulty of assessing maintenance costs on a design, and asked Council to move forward with the approved project list; Jayme Fields, of the NCIP Committee, who urged that the Council support the project list developed by the committee; Uwe Grobecker, who suggested spending money to clean up the beach and to have the Cannery Row Business District fund their own projects; Michael Lang, of Monterey Bay Pickleball Club, who instigated a show of hands demonstrating that a large group of attendees present were in favor of pickleball, and discussed concerns about the City’s operations and maintenance quote associated with Project RR-02 Ryan Ranch Park 8-Court Pickleball Facility (Design Only); Barbara Lang, who spoke in favor of approving Project RR-02 Ryan Ranch Park 8-Court Pickleball Facility (Design Only) and asked for a restroom at the site; Karen Hinton, Michael Kennedy, Dodie Freeman, and Mark Thomas, who all spoke in favor of approval of Project RR-02 Ryan Ranch Park 8-Court Pickleball Facility (Design Only); Jean Rasch, who asked that the Council not weigh down projects with operations and maintenance costs and instead suggested those matters be addressed with future NCIP maintenance or rebuilding projects; Richard Ruccello, who discussed safety of bike paths and dangerous conflict points on city streets, and spoke in support of Project MN-01 (COK-04) Mark Thomas Dr - Separated Bike/Ped Path Design, N. Fremont - Mark Thomas - Sloat - Rec Trail (Design Only); Tom Rowley, who echoed the comments made by Rick Heuer and Richard Ruccello; and Esther Malkin, who thanked the NCIP Committee for their work and time spent, echoed Richard Ruccello's remarks, and stated that the boardwalk in Del Monte Beach needed to be in good, safe condition. The Council discussed the matter, thanking City staff and the NCIP Committee and its leadership for their hard work and for the list of projects that it was stated should all be funded eventually. Special concern was expressed in favor of projects that invest in the community by promoting a healthy lifestyle, and by increasing bike safety, public safety and fire safety. Interest was expressed in promoting Project COK-05 COK - North Fremont/Ramona Storm Drain Improvements on the list, because of weather concerns. It was noted that the work of the NCIP 6 City Council Minutes October 17, 2023 Committee was similar to a participatory budgeting process, and noted that there could be a process where more community members could be involved in the final Committee's final decisions. It was suggested that the Committee think about mechanisms to engage more residents in participating and giving input, via events such as community meetings or charettes, and to find opportunities to meet community members where they are, stating that these actions would bring a higher value to the list so that it is even more reflective of what residents need and want. It was expressed that there has been a historical issue with the City's ability to accomplish completion of the projects, and it was stated that regarding operations and maintenance, there were projects that came from NCIP that were not currently being maintained, so there were matters that could be discussed further in the future. It was stated that the ballot measure that led to the formation of the NCIP was worded around capital projects, which did not include maintenance. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 23-122 C.S. Adopting and Approving Funding for the Fiscal Year 2023/24 Neighborhood and Community Improvement Program ***NCIP***: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Garcia reported that he had missed the October 11 Council special meeting due to attending the Clean Mobility Forum in Los Angeles, where he explained that agencies came together to share strategies and best practices for implementing micromobility, bike infrastructure, and pedestrian infrastructure projects. He said that he had enjoyed the City's Waterfront Lot 1 ribbon-cutting event, and acknowledged the Public Works team for their hard work on the lot and bike/pedestrian path. He shared that he enjoyed recently attending the Laguna Grande neighborhood picnic, and thanked the neighborhood organizers. Councilmember Haffa reported on a recent evening event of the NAACP, as well as the annual meeting of the ACLU honoring Regina Mason for her work on civil rights and The Village Project. He said that he made public comment at the recent Monterey Peninsula Water Management District meeting in favor of moving forward with the Measure J public water ownership initiative. He invited all to attend the upcoming ribbon-cutting and open house on November 4 at the Shuman HeartHouse shelter, and explained he had been sorry to miss the Fisherman's Wharf anniversary party. Councilmember Smith said he had recently attended board meetings of the Fisherman's Wharf Association and the Monterey-Salinas Transit board of directors. He echoed praise for the Waterfront Lot 1 ribbon-cutting and thanks to the Public Works staff. He announced that the Western Flyer boat's welcome home celebration would be held on November 4. He shared details of an upcoming Cannery Row Rotary Club event entitled "An Evening Of Hope with Paul Hawken" to be held on October 25 in partnership with Communities for Sustainability. He invited families to attend the Fisherman's Wharf candy give-away on Halloween night. Mayor Williamson echoed praise for the Waterfront parking lot event and the finished project, and conveyed thanks to the City team. He said he had enjoyed the Wharf birthday party, as well as recent Laguna Grande and Villa Del Monte neighborhood picnics. He shared that on October 7 City Council Minutes October 17, 2023 20 there would be a swearing-in ceremony for new police officers. He said that the Old Town neighborhood's annual party would be held on November 1 for residents of Old Town. He indicated that he would be riding the Western Flyer boat from Moss Landing to Monterey and encouraged people to participate in the welcoming party. CITY MANAGER REPORTS City Manager Uslar said that more details would be released soon regarding the City's new app for the Path of History. He shared that on October 20 the poet Daniel B. Summerhill would present his work at Colton Hall. He shared that the Fall issue of the City Focus newsletter would be coming soon and that the traditional boards and commission holiday reception would be held on December 6. He invited families to attend the City's Halloween Trunk or Treat event on October 21 on Madison Street with a showing of the Nightmare Before Christmas movie on the Colton Hall lawn to follow. He said that City staff would have their traditional Halloween costume competition on October 31. ADJOURNMENT The Council adjourned at 9:00 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8