Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING JOINT MEETING OF COUNCIL AND PLANNING COMMISSION AND SPECIAL PLANNING COMMISSION MEETING CITY OF MONTEREY Tuesday, December 3, 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, Police Chief, Public Works Director, City Clerk, Planning Manager, Police Senior Administrative Analyst, Police Lieutenant, Senior Engineer, Deputy Public Works Director/City Engineer, Assistant Police Chief, Lieutenant, Recreation Manager, Assistant Finance Director, Administrative Clerk (Police), Police Services Assistant, Police Records/Detention Supervisor, Police Officer, Park Maintenance Worker ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements for 4th Quarter 2024 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized employees City Manager Uslar and Police Chief Hober gave the staff presentation, verbally recognizing Parks Operations Manager Marcuzzo, Communications Manager Huelga, Purchasing Analyst Linsao, Police Records and Detention Supervisor Murphy, Parks Maintenance Worker Sanico, and Senior Administrative Analyst Faurot. Park Maintenance Worker Sanico made remarks reflecting on his life and career. Public comment was received from Eric Palmer, who praised the work of Communications Manager Huelga, and Lorna Moffat, who praised the work of Park Operations Manager Marcuzzo. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Chinyere Ogbonna, and Bryan Rosen. CONSENT AGENDA Public comment on the Consent Items was received from Bryan Rosen, who expressed concerns about the costs and priorities associated with Items 3, 4, 5, and 6; and Lorna Moffat,  City Council Minutes December 3, 2024 who provided suggestions for improving storm drains and commented on parking. The Council made brief remarks in favor of the matters in question, stating that the funding recommendations were sound. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the CONSENT AGENDA: 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. November 19, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Resolutions 3. Approve the Purchase of Three Parking Enforcement GO-4s in the Amount of $121,578.53 from Turf Star, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-181 C.S. 4. Amending Resolution 24-157, Authorizing the Purchase of Banquet Chairs from Mity-Lite, Inc. in the Amount of $390,638.90 for the Monterey Conference Center (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-182 C.S. 5. Award a Professional Services Agreement in an Amount Not-to-Exceed $561,912 to G7ei Inc. for a Storm Drain Master Plan and Stormwater Utility Rate Study and Authorize the Finance Director to Establish an Interfund Loan and Appropriate Funds in the Amount of $350,000 from the General Fund’s Unassigned Fund Balance to the Storm Water Utility Fund Professional Services Account (Exempt from CEQA, Article 19, 15306, Class 6) Action: Adopted Resolution No. 24-183 C.S. 6. Awarding Three Professional Service Agreements for On-Call Project Management/Construction Management (Building Facilities) for Projects within the City of Monterey with a Not-To-Exceed Limit of $750,000.00 Each to: (1) Ausonio, Incorporated; (2) CSG Consultants, Inc.; and (3) Wilsey Ham ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 24-184, 24-185, and 24-186 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 7. Measure P and S (Special Sales Tax) Annual Report on Conformity with Requirement that Expenditures be Used Exclusively for the Rehabilitation, Repair, and Improvement of City Streets, Sidewalks, and Storm Drains and Disabled Access Improvements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report 2  City Council Minutes December 3, 2024 Finance Director King and City Engineer/Deputy Public Works Director Easterling gave the staff presentation, with input from Measure P & S Oversight Committee Chair Aldinger and prior Chair Chorbajian. Finance Director King, City Engineer/Deputy Public Works Director Easterling, and City Manager Uslar answered Councilmembers' questions. Public comment was received from Esther Malkin, who said that North Fremont needed attention, and that affordable housing should be prioritized for future measures. The Council discussed the matter, noting that it had been an integral part of the success of the past ballot measures that there had been sunset dates attached to the tax. It was expressed that the tax should be continued in some form to continue to maintain the roads for the community. It was requested that the City improve coordination with utilities when they cause damage to the City's streets. RECESS The Council recessed at 5:38 p.m. RECONVENE The Council reconvened at 7:01 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Bob Faulis and Lorna Moffat. ADJOURN TO JOINT SPECIAL MEETING OF THE COUNCIL AND PLANNING COMMISSION, 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, Fletcher, Freeman, Latasa, Silva Commissioner Absent: Dawson PUBLIC HEARING (EVENING) 8. I. Staff Presentation to Planning Commission and City Council on Housing Element Implementation Agenda Items 8(II), (III), and (IV) II. Adjourn from Joint Meeting to Planning Commission Special Meeting: Planning Commission Adopt a Resolution Recommending that the City Council: A. Accept the Planning Office Determination that the Proposed Housing Element Implementation Actions are Consistent with and within the Scope of the Monterey 2031 General Plan Environmental Impact Report (SCH# 2023080034) in Accordance with CEQA Article 11, Section 15168; 3 City Council Minutes December 3, 2024 B. Take the following Housing Element Implementation actions: 1. Amend the Land Use Regulations and Development Standards Including Height, Density, Setbacks, and Parking Requirements in the North Fremont, Downtown, and Lighthouse Specific Plans; 2. Adopt a Zoning Ordinance to Add a Regional Housing Needs Assessment Overlay District (RHNAOD), Amend the Multifamily Overlay District Land Use Regulations and Development Standards, Rezone Properties to be Included in the Multifamily Residential and RHNAOD, Rezone 1200 Aguajito Rd., and Amend Architectural Review Procedures; and 3. Amend the Density Bonus Ordinance to Comply with State Housing Law and to Establish Development Incentives for Qualifying Housing Projects. III. Adjourn from Planning Commission Special Meeting and Reconvene to City Council Regular Meeting to Consider Planning Commission Recommendation and Adopt Resolutions: A. Accepting the Planning Office Determination that the Proposed Housing Element Implementation Actions are Consistent with and within the Scope of the Monterey 2031 General Plan Environmental Impact Report (SCH# 2023080034) in Accordance with CEQA Article 11, Section 15168; and B. Amending the Land Use Regulations and Development Standards Including Height, Density, Setbacks, and Parking Requirements in the North Fremont, Downtown, and Lighthouse Specific Plans. IV. City Council Consider Planning Commission Recommendation and Adopt Ordinances to Implement the Housing Element: A. Amending the Zoning Ordinance to Add a Regional Housing Needs Assessment Overlay District (RHNAOV), Amending the Multifamily Overlay District Land Use Regulations and Development Standards, Rezone Properties to be Included in the Multifamily Residential and RHNAOV, Rezone 1200 Aguajito Road, and Amend Architectural Review Procedures; and B. Amending Chapter 38, Section 38-112.5 Density Bonus to Comply with State Housing Law and to Establish Local Development Incentives for Qualifying Housing Projects. Action: Held public hearing; Planning Commission adopted Resolution Nos. P24-029 (6- 0-1, Commissioner Dawson absent), P24-030 by two votes: regarding the North Fremont Specific Plan (4-0-1-2, Commissioner Dawson absent, Commissioners Brassfield and Fletcher recused), and regarding the Downtown and Lighthouse Specific Plans (6-0-1, Commissioner Dawson absent), P24-031 (6-0-1, Commissioner Dawson absent), and P24- 032 (6-0-1, Commissioner Dawson absent); and City Council adopted Resolution Nos. 24- 187 C.S. and 24-188 C.S, passed to print the zoning ordinance as amended to increase the height limit on the developable part of Garden Road to 45 feet, and passed to print the ordinance to amend Monterey City Code Sec. 38-112.5 relating to density bonus Planning Manager Hill gave the staff presentation and answered Councilmembers' and Planning Commissioners' questions. Public comment was received from: Jean Rasch, who asked questions of staff; Laura Davis of LandWatch Monterey County, Gabe Sanders of Opportunity Housing Trust, and Matt Huerta of Monterey Bay Economic Partnership, who all spoke in favor of the staff recommendation; Tom Reeves, who spoke about impacts to the Lighthouse area and asked for attention to be paid to the issue of emergency egress; and Brad Slama, who requested that the maximum height for the Garden Road developable area be increased to 45 feet, stating it would make it more possible to develop a project at the needed density. Planning Manager Hill addressed questions that had arisen during public comment, explaining how the number of various rate units were determined for development, and stating that the actual number would be continually monitored over the eight year period and that additional zoning changes can be made if trends or patterns developed. 4 City Council Minutes December 3, 2024 The Council adjourned and the Planning Commission convened to its special meeting. Chair Bluth called the special meeting of the Planning Commission to order. City Attorney Davi led the Planning Commission through the conflict of interest disclosure process. On a motion by Commissioner Freeman, seconded by Commissioner Silva, and passed by the following roll-call vote, the Planning Commission adopted Resolution No. P24-029 recommending the City Council adopt a resolution accepting the CEQA review environmental checklist and Planning Office determination that implementation of Housing Element programs 1-b, 1-c, 1-l, 2-a, 2-f, and 3-c are consistent with and within the scope of the Monterey 2031 General Plan EIR (SCH# 2023080034) in accordance with CEQA Article 11, Section 15168: AYES: 6 COMMISSIONERS: Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 0 COMMISSIONERS: (None) Commissioners Fletcher and Brassfield left the Chamber due to conflicts of interest based on their property ownership within the North Fremont Specific Plan area. They left the Chamber. The Planning Commission discussed the specific matter of amending the land use regulations and development standards including height, density, setbacks, and parking requirements in the North Fremont Specific Plan. It was stated that the City was forced to take this action, due to State requirements. Some concern was expressed that people would not take alternative transportation. It was expressed that recommending the changes were not a problem and that the City staff had done a great job of reviewing the City's geography and zoning and finding locations for potential additional units. On a motion by Commissioner Latasa, seconded by Commissioner Freeman, and passed by the following roll-call vote, the Planning Commission approved the North Fremont Specific Plan portion of Resolution No. P24-030, recommending that the City Council amend the land use regulations and development standards including height, density, setbacks, and parking requirements in the North Fremont Specific Plan: AYES: 4 COMMISSIONERS: Bluth, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 2 COMMISSIONERS: Brassfield, Fletcher Commissioners Fletcher and Brassfield returned to the Chamber. On a motion by Commissioner Freeman, seconded by Commissioner Brassfield, and passed by the following roll-call vote, the Planning Commission adopted the remainder of Resolution No. P24-030, recommending that the City Council amend the land use regulations and development standards including height, density, setbacks, and parking requirements in the Downtown and Lighthouse Specific Plans: AYES: 6 COMMISSIONERS: Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 0 COMMISSIONERS: (None) 5 City Council Minutes December 3, 2024 On a motion by Commissioner Brassfield, seconded by Commissioner Latasa, and passed by the following roll-call vote, the Planning Commission adopted Resolution No. P24-031, recommending that the City Council adopt an ordinance to add a Regional Housing Needs Assessment Overlay District (RHNAOV), amend the Multifamily Overlay District land use regulations and development standards, rezone properties to be included in the Multifamily Residential and RHNAOV, rezone 1200 Aguajito Road, and amend architectural review procedures: AYES: 6 COMMISSIONERS: Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 0 COMMISSIONERS: (None) On a motion by Commissioner Silva, seconded by Commissioner Latasa, and passed by the following roll-call vote, the Planning Commission adopted Resolution No. P24-032, recommending that the City Council adopt an ordinance amending Monterey City Code Chapter 38, Section 38-112.5 Density Bonus to comply with State housing law and to establish local density bonus incentives for qualifying housing projects: AYES: 6 COMMISSIONERS: Bluth, Brassfield, Fletcher, Freeman, Latasa, Silva NOES: 0 COMMISSIONERS: (None) ABSENT: 1 COMMISSIONERS: Dawson ABSTAIN: 0 COMMISSIONERS: (None) RECUSED: 0 COMMISSIONERS: (None) The Planning Commission adjourned from the special meeting and the City Council convened to its regular meeting. Planning Manager Hill answered Councilmembers' questions. Regarding the request for a 45- foot height limit in the Garden Road developable area, he said that it seemed reasonable, and that staff would be open to increased height limits. He said that adopting development standards that would allow for density was appropriate, and that if the Council desired to amend the ordinance by increasing the height limit, they could do so. He explained that staff anticipated that they would start to see more affordable units because of of the density bonuses. He said that the City was currently working on obtaining a "prohousing" status with the State, and that a congrategational overlay was slated to come forward in the eight year planning period. Public comment was received from Planning Commissioner Brassfield, who complemented the Planning Commission and City staff and said that residents needed to acknowledge the compromises and decisions required to meet State requirements and the community's needs. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, the Council adopted Resolution No. 24-187 C.S. accepting the CEQA review environmental checklist and Planning Office determination that implementation Of Housing Element Programs 1-b, 1-c, 1-l, 2-a, 2-f, and 3-c are consistent with and within the scope of the Monterey 2031 General Plan EIR (SCH# 2023080034) in accordance with CEQA Article 11, Section 15168: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6 City Council Minutes December 3, 2024 A motion was introduced by Councilmember Smith, and seconded by Councilmember Barber, to adopt Resolution No. 24-188 C.S. amending the land use regulations and development standards including height, density, setbacks, and parking requirements in the North Fremont, Downtown, and Lighthouse Specific Plans. The Council discussed the matter. It was stressed that the City was working hard and continually looking for housing opportunities. It was noted that there were financial and logistical barriers to building housing, especially inclusionary housing. It was stated that the State had changed its rules and that Monterey was not the only city that would struggle with building the required number of Regional Housing Needs Analsysis (RHNA) housing units. It was stressed that density concerns, water availability, and State overreach were legitimate issues. Other factors mentioned were profitability, interest rates, and how many stories were needed on a building for the development to "pencil out" financially for a developer. It was stated that inclusionary housing units were essentially subsidized, and that unless the City were to shift its priorities to allocate funds or land, the required number of units was not likely to be built in the next eight years. It was asserted that the system was currently broken but that with advocacy, perhaps change could be effected for the next cycle. In response to a Planning Commissioner's concern about people not being willing to use alternative forms of transportation, it was asserted that more people would do so if the City's bicycle infrastructure were complete and safe and the transit system were effective. It was stated that as the City grew in density, there would be greater demand for transit and bicycle infrastructure. It was asserted that there was value in creating an environment that allowed car- free transportation, and that this Council action was one of the first steps in that direction. In defense of the State, it was noted that it was difficult to create policy that could address the needs of every individual jurisdiction. It was asserted that the State did not make its policies in a vacuum and that over time, agencies had continued to fail to implement policies needed to address housing, and the State had to take some action. Full confidence was expressed in the City's ability to achieve the required RHNA numbers. It was stated that in thinking about changing transportation methods and availability, the City could reduce traffic impact and emissions and improve residents' quality of life. It was stressed that the City needed to work with all stakeholders and needed to be flexible and nimble for housing developers. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) A motion was introduced by Councilmember Haffa, and seconded by Councilmember Garcia, to pass to print a zoning ordinance to add a Regional Housing Needs Assessment Overlay District (RHNAOV), amend the Multifamily Overlay District land use regulations and development standards, rezone properties to be included in the multifamily residential and RHNAOV, rezone 1200 Aguajito Road, and amend architectural review procedures, as amended to increase the height limit on the developable part of Garden Road to 45 feet. The Council discussed the motion. There was some hesitation for supporting the height increase until City staff had had the chance to evaluate the suggestion. On the other hand, concern was expressed that a developer was ready and interested in moving forward and that the proposed height limit would help the likelihood of his ability to build housing. On question from the Council, Planning Manager Hill said that staff was not overly concerned with adjusting 7 City Council Minutes December 3, 2024 the height to 45 feet, which he said seemed reasonable and would be in line with other zoning recommendations. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the Council passed to print an ordinance amending Monterey City Code Chapter 38, Section 38-112.5 Density Bonus to comply with State housing law and to establish local density incentives for qualifying housing projects: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Barber thanked everyone involved in the Housing Element implementation for their hard work. She acknowledged that there were many complex components to this effort and said that it was fascinating and admirable how City staff and the Planning Commission kept up with it alll while remaining compliant and ahead of required timelines. CITY MANAGER REPORTS City Manager Uslar reported on details of a recent water main rupture at the intersection of Fremont Street and Camino El Estero and a recent power outage. He announced that the election had been certified and congratulated the winning Monterey candidates, including Councilmember-Elect Rasch who was present in the audience, and Councilmember Garcia and Mayor Williamson who were present at the dais. He invited all to the tree lighting on December 6, 2024. ADJOURNMENT The Council adjourned at 9:23 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8