Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 17, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia, Haffa (arrived at 4:05 p.m.), Smith, Williamson Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause City Staff City Manager, Assistant City Manager, City Attorney, Finance Director, Present: Community Development Director, Police Chief, Parks and Recreation Director, Library & Museums Director, Public Works Director, City Clerk, Lieutenant, Deputy Public Works Director/City Engineer, Administrative Assistant (Library), HCD Coordinator, Housing Manager, Planning Manager, Senior Engineer, Technology Services Specialist (Library), Administrative Clerk (Library) ***Afternoon Session Agenda *** CALL TO ORDER This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act. Mayor Williamson called the meeting to order at 4:01 p.m. TELECONFERENCE NOTICE Councilmember Barber confirmed that she could hear the meeting proceedings, gave a brief description of the circumstances relating to her need to appear remotely pursuant to the “Just Cause” clause, and stated that no person over the age of 18 was present in the room with her during the meeting. City Clerk Klein called the roll with Councilmember Haffa absent and the remainder of the Council present. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries for the Third Quarter of 2024 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized employees Library & Museums Director Edwards recognized David Kuhn, Technology Services Specialist, for 40 years of service; Police Chief Hober recognized Brent Hall, Police Officer, for 25 years of  City Council Minutes September 17, 2024 service; and Public Works Director Renny recognized Ethan Callihan, Streets and Utilities Supervisor, for 25 years of service and Daniel Bonanfant, Harbor Maintenance Craftsworker, for 20 years of service. Technology Services Specialist Kuhn made brief remarks about his career. Early in the presentation, Councilmember Haffa arrived at 4:05 p.m. Public comment was received from India Weeks, who expressed gratitude to David Kuhn and the Monterey Public Library. The Council congratulated the recognized employees and thanked them for their service, and asked the public to express appreciation to the City's workers when possible. GENERAL PUBLIC COMMENTS Based on the number of individuals requesting to speak, Mayor Williamson set the speaking time per person to two minutes for general public comments. Public comment on non- agendized matters was received from: Steve Lightfoot, India Weeks, Jim Burns, Wendy Brickman of Fisherman's Wharf Association, Sherri Tuioti of Fisherman's Wharf Association, Antoinette Saylor, Justin Barrett, Rodney Riggs of Fisherman's Wharf Association, Lance Koehler of Cannery Row Business Association, Barrie Riddoch, Bob Faulis, Robbie Torrise, Nina Beety, and Abraham Zavala. CONSENT AGENDA On question from the Council, City Attorney Davi provided context on Item 3, stating that approving the ordinance would not increase any penalties but would provide more flexibility in the future for any potential future desired increases. Public comment on the Consent Agenda was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the CONSENT AGENDA, except Item 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 2. September 3, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Ordinances 3. 1st Reading of Ordinance Amending Section 1-9.3 of the Monterey City Code to exempt City Administrative Citations from the $1,000 Maximum Penalty set forth in California Government Code Section 36901 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed ordinance to print 2  City Council Minutes September 17, 2024 4. 1st Reading by Title Only of an Ordinance to Add Monterey City Code sec. 2-1.07, "Conflict of Interest Code" (FPPC Form 700) to Incorporate by Reference Regulations Adopted by the Fair Political Practices Commission and Adopt a Resolution Approving Exhibit A to the Ordinance to Update the City’s Conflict of Interest Code (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed ordinance to print Resolutions 5. Authorize Flock Group, Inc. Automated License Plate Recognition (ALPR) Equipment Purchase and Three-Year Service Agreement with the Option to Renew for an Additional Two Years for a Total of $651,900, and Authorize the Appropriation of Neighborhood and Community Improvement Program ***(NCIP)*** Funds to Fund the Project (Exempt from CEQA, Article 19, Section 15301, Class 1 and Article 19, Section 15303, Class 3) Action: Pulled from Consent; Adopted Resolution No. 24-148 C.S. Police Chief Hober gave a brief verbal presentation and answered Councilmembers' questions. Public comment was received from: Bob Faulis, who spoke in support and expressed the importance of using the system only for criminal justice; Nina Beety, who spoke against the matter, citing concerns about privacy, security, and civil liberties; and Esther Malkin, who spoke in support, stating she had full faith in the integrity of the Monterey Police Department. On question from the Council, Chief Hober reiterated information from the agenda report and said that the system was secure with all of the best methods. He said that he shared concerns around civil liberties with the speaker, and stressed that there was stringent law restricting the use of collected data to the investigation of crime. Kristen MacLeod, of Flock Group, Inc., said that the data was transmitted over the cellular network. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-148 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 the Purchase of One (1) Backhoe in the Amount of $172,343.41 from Sonsray Machinery, LLC (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-149 C.S. 7. Adopt the FY 24/25 Salary Schedule for Regular Full-Time, Regular Part-Time, and Part- Time/Seasonal Employees (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-150 C.S. 8. Amending Resolution 24-099, the Five Year Capital Improvement Program, to include the 30 Fisherman's Wharf Deck Repairs Project and Authorize an Appropriation of Unassigned fund balance in the Amount of $300,000 ***CIP*** (Exempt from CEQA per Article 19, Section 15301 Class 1) Action: Adopted Resolution No. 24-151 C.S. 3  City Council Minutes September 17, 2024 9. Award a Contract in the Amount of $89,116.20 to Duke's Root Control, Inc. for Annual Sewer Root Foaming 2024 (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 24-152 C.S. *** End of Consent Agenda *** The City Council adjourned to the Ocean View Community Services District meeting. Adjourn to Ocean View Community Services District Meeting: Consent Agenda 10. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report Public comment was received from Bob Faulis, who gave an update regarding the status of legal proceedings and development with regard to the Ocean View Plaza Project. City Attorney Davi provided further context on the status of the matter before the Coastal Commission. Adjourn to City Council Meeting The Directors of the Ocean View Community Services District adjourned to the City Council meeting. PUBLIC HEARING 11. Adopt the Fiscal Year (FY) 2023-2024 Consolidated Annual Performance and Evaluation Report (CAPER) for the Community Development Block Grant (CDBG) Program and Authorize Submission to the U.S. Department of Housing and Urban Development (HUD) (Categorically Excluded from NEPA per 24 CFR Part 58 and Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 24-153 C.S. HCD Coordinator Verania gave the staff presentation and answered Councilmembers' questions together with Housing Manager Wyatt. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-153 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) 12. Approve Planning Commission Recommendation to Amend the Downtown Specific Plan to Eliminate Minimum Parking Requirements for Residential Land Uses (Exempt from CEQA Article 19, Section 15305, Class 5) Action: Adopted Resolution No. 24-154 C.S. 4  City Council Minutes September 17, 2024 Planning Manager Hill gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Kevin Dayton of Monterey Peninsula Chamber of Commerce, who spoke in support, citing expected increased vitality downtown; Laura Davis of Landwatch Monterey County, who spoke in support, citing expected increased housing; Esther Malkin, who said she was not opposed, but asked Council to consider seniors and people who need parking; Nina Beety, who opposed the matter and asked the City to increase the parking requirement, citing a lack of reliable frequent mass transit; and Alia Elyas of Monterey Bay Economic Partnership (MBEP), who spoke in support, citing expected increased housing. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Garcia, to adopt Resolution No. 24-154 C.S. The Council discussed the matter. It was questioned how to have a policy that allows flexibility, in order to avoid such situations as a single-family home being torn down and its garage replaced with more density. Parking Manager Hill clarified that the proposed ordinance did not prohibit parking, it just did not require a minimum amount. Upon this clarification, for the need for flexibility was stated by the Council to have been resolved. The Council stated that the proposed amendment was compliant with State law, that the Downtown Specific Plan area was within half a mile of a transit hub, and that developers would adjust to changing market conditions and may opt to include parking even if not required. It was stated that MBEP had reached out to the City regarding two developers who had properties downtown, and that staff had quickly identified that this amendment could resolve issues with AB 2097. Kudos were expressed to the staff for reacting quickly and flexibly to make conditions easier for housing to be built. It was stated that it had been unfortunate when Monterey-Salinas Transit (MST) had removed some routes in Monterey, and it was stated that the proposed amendment could help the City express the need for MST to reprioritize routes to Monterey for residents and visitors. It was stressed that this project would prioritize infill projects over sprawl, would support the city's workforce and small businesses by providing the opportunity for employees to live closer to where they work. It was highlighted that this action would signal to the State that the City was making efforts to meet its housing goals. The motion carried by the following roll-call vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 13. Receive a Presentation on the Downtown Specific Plan Implementation: Intersection of Calle Principal/Polk Street/Hartnell Street/Madison Street - Americans with Disabilities Act Upgrades and Pedestrian Safety Improvements ***CIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation 5 City Council Minutes September 17, 2024 City Engineer/Deputy Public Works Director Easterling gave the staff presentation and answered Councilmembers' questions. During the presentation, Mayor Williamson left the Council Chamber at 6:13 p.m. and returned at 6:16 p.m. Public comment was not received. The Council discussed the matter. Staff was thanked for the work and research that had gone into the project. It was suggested that staff look at further potential improvements for the whole corridor, including the entrance to Monterey High and Hartnell Gulch. It was requested for staff to look further at bicycle safety as part of the project. COUNCIL COMMENTS Councilmember Smith reported that the prior week, the Monterey Peninsula Chamber of Commerce hosted its Leadership Conference, consisting of all elected mayors, County supervisors and a few special districts, and said that it was good to hear an overview from all the other cities. He reported that the California Coastal Commission met on September 12, 2024 and approved Monterey-Salinas Transit (MST) application for the SURF! bus line with conditions that the bus line be installed on the same area where the train tracks are, and leave it open for future rail use. He said that there would be a meeting of the MST Board in October to discuss the impact of the Coastal Commission's conditions on the SURF! timeline. During Council Comments, Councilmember Garcia left the Chamber at 6:45 p.m. and returned at 6:48 p.m. Councilmember Barber greeted the Council, staff, and attendees, and said she was grateful to be able to attend the meeting remotely. She thanked everyone present for the work that they do. Mayor Williamson reported that State Senator John Laird hosted a recent closed-door meeting regarding water with key stakeholders, including a representative from the State Water Resources Control Board and all Monterey Peninsula mayors and city managers. He said that one take-away from the meeting was the opportunity to look at a mid-term solution to the area's water supply needs. He said that while there was debate around the reliability of source water from the Pure Water Monterey project expansion, it was clear that at least some water would be coming in, and said that the representative from the State Water Resources Control Board indicated that the cease and desist order might be lifted temporarily based on the additional water. He said that this could provide more data on the reliability of the source water and allow the region to create housing. He reported that he took the topic to the Mayors Association with all 12 Monterey County mayors, where he said that there had been discussion around agreeing on a pathway forward to get more housing built. On a separate subject, he said that he had heard from constituents renting in multifamily and single family unit who were upset that property owners were posting political signs on their properties without the renters' permission. He stated that this was hurtful to the renters living in those units, and ended up looking like artificial support of a candidate, and asked what the City could do to address this issue. CITY MANAGER REPORTS City Manager Uslar said that today was National Voter Registration Day and urged residents to register to vote. He said that the City had created a partnership with Montage Health to provide events that promote health in the community. He said that the City would once again participate in Park(ing) Day on September 20, 2024, with various departments hosting booths and mini parks in parking spaces on Alvarado Street. 6 City Council Minutes September 17, 2024 ADJOURNMENT The Council adjourned at 7:00 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7