Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 16, 2024 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, Finance Director, Present: Community Development Director, Parks and Recreation Director, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Property Manager, Assistant Police Chief, Deputy Public Works Director/City Engineer, Parks Operations Manager, Assistant Human Resources Director, Senior Engineer, Planning Manager, Recreation Manager, Sports Center Manager, Management Analyst I, MSC Senior Facility Specialist, MSC Facility Coordinator, MSC Specialty Class Instructor, MSC Desk Attendant, Recreation Coordinators (3), Cemetery Coordinator, Park Maintenance Worker, Assistant Urban Foresters (2), Recreation Supervisor, Administrative Assistant (MSC), MSC Facility Worker, Sports Official, Recreation Specialists (2), Administrative Assistant (Recreation), Sports Coordinator ***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 indicated above. PRESENTATIONS 1. Recognize July as Parks and Recreation Month 2024 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized Parks and Recreation Month Parks and Recreation Director Larson gave the staff presentation and answered Councilmembers' questions. The Council praised Parks and Recreation staff, the year's theme "Where You Belong," and the current cost recovery of the Monterey Sports Center (MSC) which it was stated was approaching 80%. Mayor Williamson explained the procedures identified in the agenda for providing public comment. Public comment on the matter was received from: David Canepa, who spoke about the importance of the City's Parks and Recreation programs; and Esther Malkin, who gave kudos to the Parks and Recreation staff and Neighborhood and Community Improvement Program (NCIP) staff for their work in the community.  City Council Minutes July 16, 2024 GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from: unidentified members of Friends City Development Committee of Korean residents of Monterey; an unidentified man; an unidentified woman; and Bryan Rosen. CONSENT AGENDA Mayor Williamson stated that Item 6 would be pulled from the Consent Agenda to be heard after the afternoon public hearings. Public comment on the Consent Agenda was received from Nina Beety, who expressed concern regarding alleged environmental impacts and fire risks relating to Item 9. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA, minus Item 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 29, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 3. June 18, 2024 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 4. Awarding a Construction Contract in the Amount of $1,528,360.00 to ASG Builders for the Citywide Signalized Intersection ADA Upgrades, Phase 3A (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 24-107 C.S. 5. Awarding a Construction Contract in the Amount of $529,925 to Coastal Paving & Excavating, Inc. for the Citywide Road Rehabilitation Project, Phase 4 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***Measure P/S*** Action: Adopted Resolution No. 24-108 C.S. Resolutions 6. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes; and Authorize the City Manager to Execute an Agreement with the County of Monterey for the Collection of Assessments, Taxes, and Fees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Heard after Afternoon Public Hearings; Adopted Resolution No. 24-109 C.S. with amended Exhibit 2  City Council Minutes July 16, 2024 This item was heard after Item 14 during the afternoon session. City Attorney Davi gave the staff presentation and answered Councilmembers' questions. Public comment was not received. It was noted by the Council that despite a "no" vote on Item 14, a mechanism was needed to collect approved assessments. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-109 C.S. Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes: 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. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the amount of $250,000 to the Sidewalk Repair Program (“Project”) and Approve an Amendment to the Job Order Contract with Precision Emprise, LLC dba Precision Concrete Cutting for On-Call Sidewalk Repair Projects by Increasing the Contract Funding Limit from $500,000 to $750,000 (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 24-110 C.S. 8. Authorize the City Manager to Enter Into a Memorandum of Understanding with Central Coast Overdose Prevention for Naloxone (NARCAN®) Distribution Boxes (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-111 C.S. 9. Award Two Citywide Fuel Reduction Job Order Contracts 2024 in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. (Mitigated Negative Declaration approved on October 25, 2022) Action: Adopted Resolution Nos. 24-112 and 24-113 C.S. 10. Approve Participation in the Nationwide Opioid Litigation Settlement with Kroger and Authorize the City Manager to Execute the Participation and Subdivision Agreements, and Request Direct Payments to the City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-114 C.S. Other 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Wharf II North Pump House; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for Assignment of Lease (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed real property negotiators Cole and Aldrete *** End of Consent Agenda *** 3  City Council Minutes July 16, 2024 PUBLIC HEARING 12. Amend Engineer's Report and Confirm Alvarado Street Maintenance District 85-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Tabled City Attorney Davi explained that staff recommended tabling Items 12 and 13 due to an issue with the public noticing. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council tabled the matter of Amending Engineer's Report and Confirming Alvarado Street Maintenance District 85-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Item 12) and the matter of Amending Engineer's Report and Confirming Calle Principal Maintenance District 00-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Item 13): AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 13. Amend Engineer's Report and Confirm Calle Principal Maintenance District 00-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Tabled 14. Open a Public Hearing to Receive Protests Related to the Collection of Sewer Service Charges on the Property Tax Roll for Fiscal Year 2024-25, Approve the Annual Rate Report of Sewer Charges for FY 2024-25, and Adopt a Resolution Authorizing the Collection of FY 2024-25 Sewer Charges on the Tax Roll if a Majority Protest Does Not Exist (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Conducted public hearing; Counted written protests, which did not reach the threshold of a majority protest; Adopted Resolution No. 24-115 C.S. (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was received from: David Canepa, who spoke against the move of the sewer fees to the tax roll; Lori Mazzuca, who spoke against City charges appearing on the County tax bill; and Enis Sumartima, who asked questions that staff said they would answer separately. City Clerk Klein, Assistant City Manager Rojanasathira, and Administrative Assistant Tulett performed the public count of the sealed protests, following which City Clerk Klein announced that the result of the tally was that a majority protest had not occurred. City Manager Uslar and Assistant City Manager Rojanasathira, on question from Council, addressed hard costs and staff time spent thus far on the process. 4 City Council Minutes July 16, 2024 The Council discussed the matter. Impacts were discussed regarding choosing to collect, or not collect, the sewer service charges on the property tax roll. Support was expressed for continuing in the planned direction to move to the tax roll, due to the possibility of confusion on the part of ratepayers and the extensive work that had been carried out by staff and potentially also by property owners and management companies. It was expressed that the matter would not be supported despite the work already completed, citing the number of residents not in favor and disagreeing with the concept of a Ciity service charge appearing on the County tax roll. It was proposed to approve the annual rate report, but not the move to the tax roll. City Manager Uslar said that moving to the County tax roll would guarantee that the City would receive its funds timely. On question from the Council, Assistant City Manager Rojanasathira explained that City staff was very confident that the County Assessor would be a useful, reliable partner and that billing through the tax roll would be a solid mechanism for collecting the City's sewer service charges. In support for moving forward with the move to the tax roll, it was pointed out that the City currently did not manage the billing of the sewer fee and that changing from Monterey One Water (M1W) to the County did not present much of a difference. It was expressed that the situation was not ideal but that cleaning it up and moving forward in the least confusing way possible would be beneficial. In defense of M1W staff, it was stated that M1W staff had put in hard, good work on the process to move collections to the tax roll and that the ultimate decision of the M1W Board of Directors had been a political one. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-115 C.S. approving the Annual Rate Report of Sewer Charges for FY 2024-25 and authorizing the Collection of FY 2024-25 Sewer Charges on the Tax Roll: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith 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 5:52 p.m. RECESS The Council recessed at 6:24 p.m. RECONVENE The Council reconvened at 7:01 p.m. with all members of the Council present. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE 5 City Council Minutes July 16, 2024 Chair Dawson of the Planning Commission led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Mayor Williamson explained the procedures identified in the agenda for providing public comment. Continued public comment on non-agendized matters was received from: Nelson Vega, Shane Strong, Phillip Bezouska of Monterey Fire Department, Douglas McFarland, Frank Troia, and Amy Megan. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: cs1. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Monterey Fire Chief Officers' Association (MFCOA), (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061) Action: On unanimous roll call votes: on the matter of MFCOA, a tentative agreement was reached and ratified for a three year term, with a wage increase of 4% each year for three years, a 1.3% market adjustment for the Assistant Fire Chief, a 2.5% certification pay for the Fire Chief Marshall, medical insurance to remain status quo, deferred compensation employer matching increased by $50 per month, management leave increased from 40 hours to 80 hours for a 40-hour shift and from 40 hours to 48 hours for a 56 hour shift, special assignment language added to receive between 2% and 20% for special assignments; and on the matter of GEM, a tentative agreement was ratified for a 3 year term, with 4% wage adjustment each year, market adjustments made to particular positions to bring them within 5% of the total compensation median, a deferred compensation employer match increase by $50 per month, tuition reimbursement increase from $1,000 per year to $2,000 per year, health insurance to remain status quo with a reopener in 2027 to discuss, and additional agreements regarding standby pay increase, uniform allowance increase, shoe reimbursement, night shift differential, bilingual pay, vacation accrual payout, minimum leave event, voluntary unpaid leave usage, bereavement leave, and sweeper differential. cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II North Pump House Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Jenn Towsley (Monterey Fish Company) Under Negotiation: Price and Terms of Payment for Assignment of Lease (Not a Project Under CEQA 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 ADJOURN TO JOINT SPECIAL MEETING AND ESTABLISH QUORUM OF THE PLANNING COMMISSION The Council adjourned to the joint special meeting of the City Council and Planning Commission. City Clerk Klein called the roll of the Planning Commission, reflecting attendance as follows: Commissioners Present: Bluth, Brassfield, Dawson, Fletcher, Freeman, Silva Commissioner Absent: Latasa 6  City Council Minutes July 16, 2024 PUBLIC HEARING (EVE) 15. I. Planning Commission Adopt a Resolution Recommending that the City Council: A. Certify the Program Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan Update in accordance with CEQA Article 7, Section 15090; B. Adopt Environmental Findings, Statement of Overriding Consideration, and Mitigation and Monitoring Program; and C. Approve the Monterey 2031 General Plan Update to the Housing (2023-2031), Land Use, Circulation, and Safety Elements II. City Council Consider Planning Commission Recommendation and Adopt Resolutions to: A. Certify the Program Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan Update in accordance with CEQA Article 7, Section 15090; B. Adopt Environmental Findings, Statement of Overriding Consideration, and Mitigation and Monitoring Program; and C. Approve the Monterey 2031 General Plan Update to the Housing (2023-2031), Land Use, Circulation, and Safety Elements Note: The Elements Contain Revised Land Use Designations which will Lead to Future Rezoning and Will Affect Individual Property Owners Action: Held public hearing; Planning Commission adopted Resolution No. P24-017 as amended (6-0-1, Commissioner Latasa absent); City Council adopted Resolution Nos. 24- 116 C.S. (5-0), 24-117 C.S. (5-0), and 24-118 C.S. as amended (4-1, Councilmember Smith voting no) Andrew Hill, consultant with Dyett & Bhatia, gave the presentation, and together with Planning Manager Hill, Community Development Director Cole, and City Attorney Davi, answered Councilmembers' and Planning Commissioners' questions. Councilmember Haffa left the Chamber at 8:46 p.m. and returned at 8:48 p.m. Public comment was received from: Jean Rasch, who asked questions about a Monterey Peninsula Unified School District (MPUSD) property and about California Senate Bill 9 ("SB 9") and the city's ability to respond to it; Laura Davis of LandWatch, who urged the Council not to rely on development in Fort Ord, citing environmental concerns, and instead to adopt the relocated housing growth alternative; Nina Beety, who said that housing must be allowed to be developed in Visitor Accommodation Facility (VAF) zones and expressed concern with developing housing on Fort Ord property, citing military chemical waste and pollution; Adam Pinterits of Monterey County Association of Realtors, who applauded the City staff for the thoroughness of their outreach and spoke in support of keeping all of the parcels, including Fort Ord, in consideration; and Esther Malkin, who said there was a concerning number of Monterey residents paying 70% of their income on rent, and urged the Council not to cave to privileged people who did not have to worry about housing insecurity. The Planning Commission discussed the matter. City staff was praised for the enormous amount of work done to get to this point with the General Plan update. Displeasure was expressed with cities being told what to do by the State of California but it was noted that it was clear that there was not much that cities could do. Regarding Fort Ord, it was stated by the Planning Commission that the Fort Ord approach had potential but that the housing problem in general seemed almost impossible to solve. It was stated that it would be desirable to be able to address density in a more even way, such as shifting some of the density burden to Fort Ord and tamping down some of the higher density requirements in other parts of the City. It was stated that the problem with Fort Ord was the topography which it was stated was a serious constraint on straightforward development. It was asserted that the site would not lend itself to having a developer profitably build a massive multi- 7 City Council Minutes July 16, 2024 family development with 20% inclusionary housing. It was stated that there was unfortunately not another viable alternative. City Manager Uslar clarified that the Fort Ord properties were not proposed to be the primary housing site but rather a buffer zone, and that everything else would be built in Monterey. Regarding height limits in the Alvarado District, it was stated by the Planning Commission that many important structures in the area were one or two stories and that to avoid silos, the limit should be four stories, but that such a limit might not meet the requirements of additional building. It was stated that the Planning Commission needed to be objective and that it was difficult to determine the ideal height limit to achieve a units-per-acre goal without designing, but it was stated that a six-floor limit would be appropriate to attempt to meet that goal. It was stated by the Planning Commission that they could have done more if they had been able to review the meeting materials sooner. It was expressed that moving forward with reaching the City of Monterey's goals and timelines was desirable. The Planning Commission declared on consensus that they would recommend that the City Council adopt the EIR, Environmental Findings, Statement of Overriding Considerations, and Mitigation and Monitoring Program. City Attorney Davi led the Planning Commission through the recusal process for the housing sites, as follows. Commissioner Silva disclosed conflicts on the following housing inventory sites: Sea Foam Avenue, 136 Tide Avenue, and 132 Tide Avenue, and then left the Council Chamber. On question from the Planning Commission, Community Development Director Cole provided an explanation about housing inventory sites. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Silva. Commissioner Silva returned to the Chamber. Commissioner Brassfield disclosed conflicts on the following housing inventory sites: 2370 N. Fremont Street, 543 Ramona Avenue, 2407 N. Fremont Street, 2333 N. Fremont Street, and 2236 N. Fremont Street, and then left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Brassfield. Commissioner Brassfield returned to the Chamber. Commissioner Fletcher disclosed conflicts on the following housing inventory sites: 2161 N. Fremont St., 2191 N. Fremont St., APN 013- 081-046-000 (vacant lot on Ramona St. at Branner Ave.), 2201 N. Fremont St., and 2209 N. Fremont St., and then left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioner Fletcher. Commissioner Fletcher returned to the Chamber. Commissioner Bluth disclosed conflicts on the following housing inventory sites: APN 001-511-016-000 (vacant lot located between 552 and 546 English Ave.), 424 Van Buren St., APN 001-336-001-000 (vacant lot located at Madison St. at Pebble St.), APN 001-333-014-000 (vacant lot between 950 Madison St. and 910 Madison St.), APN 001-333-017-000 (vacant lot between 950 Madison St. and 910 Madison St.), 546 Dutra St., 587 Van Buren St., 593 Van Buren St., and 101 Herrmann Dr., and then left the Council Chamber. Commissioner Fletcher identified that he had a conflict at 769 Pacific Street, and left the Council Chamber. The Planning Commission, on consensus, agreed with moving forward with the housing inventory sites disclosed as conflicts by Commissioners Bluth and Fletcher. 8 City Council Minutes July 16, 2024 Commissioners Bluth and Fletcher returned to the Chamber. A motion was introduced by Commissioner Fletcher, and seconded by Commissioner Brassfield, that the Planning Commission adopt Resolution No. P24-017. Commissioner Silva offered a friendly amendment to the motion to recommend that the Council provide additional height up to six (6) stories in the Alvarado District downtown to projects that qualify for the local density bonus if they offer a higher share of two (2)- and three (3)-bedroom units, and the mover and seconder agreed to modify the motion. The amended motion carried by the following roll-call vote: AYES: 6 COMMISSIONERS: Bluth, Brassfield, Dawson, Fletcher, Freeman, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Latasa ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 0 COMMISSIONERS: (None) The Planning Commissioners departed the Chamber and the joint special meeting ended. ADJOURN TO CITY COUNCIL MEETING The Council adjourned to its Regular Meeting. The Council began to discuss the matter. At the request of the Council, Andrew Hill answered questions posed during public comment, explaining that just because the MPUSD owns property doesn't mean they must develop it for housing, and that regarding SB9 housing affordability, all of the alternatives in the EIR were feasible but the alternative would not meet the identified project objectives as well as the preferred plan would. Mayor Williamson reopened public comments on the subject of the Planning Commission's recommendation to the City Council, and none was received. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-116 C.S. certifying the Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan update of the Housing Element (2023-2031), Land Use Element, Safety Element, and Circulation Element: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-117 C.S. adopting environmental findings, a statement of overriding considerations, and a mitigation and monitoring and reporting program for the Monterey 2031 General Plan update of the Housing Element (2023-2031), Land Use Element, Safety Element, and Circulation Element: 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 City Council Minutes July 16, 2024 Based on disclosed conflicts on the following housing inventory sites: Filmore Street (lot in the middle of the block between Hoffman St. and Prescott Ave.), and 620 Filmore Street, Vice Mayor Barber left the Council Chamber. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the housing inventory sites disclosed as conflicts by Vice Mayor Barber: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Barber Vice Mayor Barber returned to the Chamber. Based on a disclosed conflict on the following housing inventory site: Wainwright Street (vacant lot below High Street on Wainwright Street), Mayor Williamson left the Council Chamber. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the housing inventory site disclosed as a conflict by Mayor Williamson: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Williamson Mayor Williamson returned to the Chamber. Based on disclosed conflicts on the following housing inventory sites: 6 Loma Vista Place, Soledad Place (vacant lot owned by Monterey Peninsula Unified School District (MPUSD), and 150 Mar Vista Drive, Councilmember Haffa left the Council Chamber. Community Development Director Cole provided the Council with context about the sites. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the housing inventory sites disclosed as conflicts by Councilmember Haffa: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Haffa Councilmember Haffa returned to the Chamber. Based on a disclosed conflict on the housing inventory site at 1410 Del Monte Center, Councilmember Smith left the Council Chamber. Community Development Director Cole provided the Council with context about the site. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the housing inventory site disclosed as a conflict by Councilmember Smith: 10 City Council Minutes July 16, 2024 AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Smith Councilmember Smith returned to the Chamber. The Council discussed the matter. It was urged that the Council not “let the perfect get in the way of the possible.” It was acknowledged that numerous details were not perfect, such as subdividing lots and having the State dictate this to the City. It was stated that there was a compelling need for more housing, and that part of why Monterey was put in this position was that for decades cities across the State had not built needed housing. It was acknowledged that water supply remained a barrier that presently impacted the ability to develop in the City. Regarding comments received from LandWatch about building on Fort Ord, it was stated that it was necessary to view this subject through a more equitable lens, stressing that it did not meet the standard of social equity and justice when people living in low density areas told a city that was already providing the area with density and jobs to discount a small piece of property like the City-owned property on Fort Ord. It was stated that builders would be able to make the numbers work to build housing on Fort Ord. Concern was expressed about the fact that City staff’s time for new programs was limited, and that the Council had already unsuccessfully attempted to develop on Fort Ord. Hesitation was expressed about considering developing on Fort Ord when the City could instead focus on infill and on housing downtown, but it was reiterated that the City was subject to a State mandate. Regarding the six-story height limit recommendation received from the Planning Commission, some concern was expressed by the Council but it was noted that it if a future project were to be financially feasible and designed appropriately, the height would be acceptable. Andrew Hill clarified that there was a very specific set of circumstances that would be required for a development to be granted the six stories limit: it would need to be in the Alvarado District and be a qualifying project for the local density bonus program. On question from the Council regarding whether the applicable zone could be reduced in size, Mr. Hill stated that such an action might not address the California Department of Housing & Community Development (HCD)'s concern. Community Development Director Cole stated that staff would craft the local density bonus ordinance to encourage developers to take advantage of the incentive. On question from the Council regarding whether a six-story project could be subject to Council approval, she said that the State wanted the City to be specific in advance about what they wanted from developments. It was stated by the Council that six stories on certain streets could not be supported. The Council said that being flexible and adaptable would be important as the City moved forward. It was expressed that solutions were also needed for how to provide housing for homeless individuals. It was stressed that a living wage was needed. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-118 C.S., as amended to apply the following revisions to the Draft Housing Element: 1) Update maps to reflect that the boundary of the Downtown Opportunity Area is south of Del Monte Avenue, 11  City Council Minutes July 16, 2024 2) Update Program 1-J (SB9 Housing Ordinance) to incentivize the provision of Very Low Income units, and 3) Update Program 3-C (Local Density Bonus) to provide additional height up to six (6) stories in the Alvarado District downtown to projects that qualify for the local density bonus if they offer a higher share of two (2)- and three (3)-bedroom units: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 10:13 p.m. and reconvened at 10:18 p.m. PUBLIC APPEARANCE (EVE) 16. Adopt a Resolution Adding Charter Amendments to the Ballot to Ask the Voters of the City of Monterey to (1) Make Clerical and Technical Updates; (2) Specify Starting and Ending Dates for Terms of Office for the Mayor and City Council; (3) Impose 12-year Term Limits; and (4) Authorize Leases of Real Property Nonprofit Organizations, Governmental Entities, or Educational Institutions on Terms and Rates that Serve Community Benefit (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-119 C.S. as amended, with a vote of 5-0 on Charter Amendments 1, 2, and 4 (Exhibits A, B and D), and a vote of 3-2 (Haffa and Smith no) on Charter Amendment 3 (Exhibit C) Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. It was noted that the Council had received an amended version of the resolution at the dais, which modified the clerical and technical update charter amendment measure (Charter Amendment 1). Public comment was received from: Bob Bluth, who said that term limits would bring innovation and new faces to the Council, and would be worth also considering for the City's boards, commissions, and committees; Eric Palmer, who said that the 12 year term limit struck a perfect balance of maintaining continuing and providing new opportunities; Shane Strong, who urged the Council to approve the amendment allowing the American Legion Post 41 to continue leasing City property; Anthony Gonzales, who shared support for term limits, citing that they would promote democracy and voter choice, and reduce corruption; Gabriel Sanders, who spoke in favor of term limits, citing diversity of representation, and in favor of giving the Council authority to lease real property to non-profits at below market rents; and Esther Malkin, who echoed support for term limits. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-119 C.S. as amended, with a vote of 5-0 on Charter Amendments 1, 2, and 4 (Exhibits A, B and D): AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12 City Council Minutes July 16, 2024 A motion was introduced by Mayor Williamson, and seconded by Councilmember Garcia, to Charter Amendment 3, as amended to remove the two year gap for an allowed return to office and instead limit service to 12 years cumulative total. The Council discussed the motion. In opposition to the motion, it was stated that governance was about making difficult decisions and that continuity, history, and perspective in leadership were beneficial. It was stated that Council district seats already presented a big change for which the results were still somewhat unknown, and that adding term limits would add an unnecessary uncertainty that could undermine the quality of the Council. Citing the fact that the City Council was responsible to hire and evaluate the City Manager and City Attorney, it was stated that turnover among the elected officials would create uncertainty in those relationships. It was asserted that terms longer than 12 years had not been an issue. It was stated that term limits would deny the voters the choice of electing someone they believed was the best person to serve, and that voters already had the ability to vote elected officials out. It was stated that evidence did not suggest there was any problem needing to be solved by term limits. Concern was expressed that there would be an issue finding talented candidates who would be willing to go through the work to run for office. In support of the motion, it was urged that it was the voters who should choose whether to adopt term limits, and that placing the measure on the ballot would give voters that choice. It was acknowledged that experience mattered but noted that each person had to start somewhere, and that continuity on the dais would continue to exist because elected officials would not all term out at the same time. It was asserted that turnover would not be a concern with a limit of 12 years. It was stated that term limits would help to counteract the difficulties presented by having to run for office against long-time incumbents with corresponding political connections and advantages. It was stated that the concerns regarding talent, experience, and perspective could be seen from both viewpoints, stating that term limits would help create an expectation that there would be space for new viewpoints on the City Council. Concern was expressed about stagnation and elected officials getting too comfortable in their positions. It was urged to remove barriers and let more voices come to the table to share their perspectives. It was stated that an elected official should do their time on the Council, provide what they can provide in that time period, and then move on and make room for others. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Haffa, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith said he had been impressed with the American Public Transportation Association (APTA) conference in San Jose which he attended as a board member of Monterey-Salinas Transit (MST). He said that MST Executive Director Carl Sedoryk had presented well on two topics. Councilmember Haffa said he was sorry he had missed the 4th of July parade due to travel for work in Ashland, Oregon. He said that in Ashland, cars were very compliant with stopping for pedestrians at every crosswalk, and asked if City staff could contact staff members in Ashland to discuss their methods. 13 City Council Minutes July 16, 2024 CITY MANAGER REPORTS City Manager Uslar shared the time period during which candidate nominations were taking place and where on the City's website to find the public list of people who pull papers for Mayor and Council. ADJOURNMENT The Council adjourned at 11:09 p.m. with a moment of silence in memory of Rosine Louise Costanza Culcasi and Donald B. Reed. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 14