MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, April 4, 2023
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., MONTEREY, CALIFORNIA AND TELECONFERENCE LOCATION: WESTIN BOSTON SEAPORT DISTRICT, 425 SUMMER STREET, ROOM 519, BOSTON, MASSACHUSETTS
Councilmembers
Present: Barber*, Garcia, Haffa, Smith, Williamson
Absent: None
* Attended remotely by teleconference at the duly noticed teleconference location listed above
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Public Works Director, City Clerk
TELECONFERENCE NOTICE
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda ***
CALL TO ORDER
Mayor Williamson called the meeting to order at 4:02 p.m. He announced that Councilmember Barber was attending remotely from the duly noticed teleconference location in Boston, Massachusetts.
City Clerk Klein called the roll as highlighted above, and explained to the public how to participate in the meeting virtually. Councilmember Barber confirmed that she could hear the meeting proceedings, had posted the agenda 72 hours prior to the meeting at the teleconference location listed above, and was providing public access from the same location, pursuant to GC 54953(b)(3). She confirmed that no member of the public was present with her at the teleconference location wishing to speak.
PLEDGE OF ALLEGIANCE
Councilmember Smith led the Pledge.
The Council and attendees sang “Happy Birthday” to City staff celebrating a birthday the week of the meeting.
PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
Public comment on non-agendized matters was received from: Tom Rowley, Steve Lightfoot, Robert Ashmore, Rick Aldinger, Tina Wong, Nick Errichetto, Lorna Moffat, Nina Beety, Katia Gutierrez, Santos, and Andy Garcia.
City Council Minutes April 4, 2023
2 CONSENT ITEMS
Members of the public requested that Items 1, 2, and 3 be pulled from Consent. Public comment was not received on the Consent Items.
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the CONSENT ITEMS except Items 1, 2, and 3:
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. March 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Pulled from Consent; Approved
Public comment was received from Lorna Moffat, who clarified that she had only intended to request that Items 2 and 3 be pulled from Consent.
On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the minutes for the March 21, 2023 Regular Meeting:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Ordinances
2. 2nd Reading of an Ordinance Repealing and Replacing Monterey City Code Chapter 38, Article 17, Section 112.4 – Wireless Communications Facilities and Finding the Same Exempt from the California Environmental Quality Act
Action: Pulled from Consent; Adopted Ordinance No. 3660 C.S.
City Attorney Davi gave a brief verbal report and answered Councilmembers' questions.
Public comment was received from: Steven Lucas, who shared health and environmental concerns relating to wireless technology; Jean Rasch, Monterey Vista Neighborhood Association, who spoke in support of adopting the ordinance; Lorna Moffat, who said that the Council should ban 5G from Monterey; and Nina Beety, who alleged a conflict of interest for the Mayor due to his employment at the Naval Postgraduate School ("NPS") and spoke against exemptions for government agencies.
Mayor Williamson clarified that he had discussed the conflict question with legal counsel and stated that because he would receive no material benefit and there was no conflict of interest or ethics violation relating to his employment at NPS, he would not recuse himself from voting on the matter.
City Council Minutes April 4, 2023
3 On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Ordinance No. 3650 C.S. Repealing and Replacing Monterey City Code Chapter 38, Article 17, Section 112.4 - Wireless Communications Facilities and Finding the Same Exempt from the California Environmental Quality Act:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
3. 2nd Reading of an Ordinance to Amend City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals; and Provide Direction to Staff on Hardship Waivers and/or Refunds of Appeal Fees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Pulled from Consent; Adopted Ordinance No. 3661 C.S.; Directed City staff to return with more information on hardship waiver options Public comment was received from Lorna Moffat and Nina Beety, who spoke against adopting the ordinance, stating that the proposed fees were too high.
On question, City Attorney Davi said that the policy question before Council was whether all taxpayers should subsidize the cost of appeals for specific individuals. She explained the process by which hardship waivers are received, provided an example of the content of an upcoming disabled access appeal, and provided context for appeals received at the City.
Comments were made by Council in favor of the City recovering 100% of the costs associated with processing appeals, citing the duty to protect taxpayers who should not have to subsidize appeals in which they have no interest. It was stated that Mills Act applicants may be likely to be able to pay the cost of their fees without financial hardship. It was stated that if an appellant can provide documentation to prove that they would qualify for low-income housing, then it would make sense to provide them relief. On question from Council, City Attorney Davi confirmed that staff could bring this back to Council for more information or an amendment regarding waivers.
On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following roll-call vote, the City Council adopted Ordinance No. 3561 C.S. Amending City Code section 19-103 to Increase Cost Recovery for Historic Preservation Fees and Appeals and directed City staff to return with more information on hardship waiver options:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Resolutions
4. Amend Resolution 22-086, the FY 22/23 Position Control List by Adding One (1) Full Time Equivalent (FTE) Housing Manager Position and Removing One (1) Vacant FTE Administrative Analyst and Amend and Restate Resolution 23-004, the FY 22/23 Salary Schedule, to Add Salaries for the Housing Manager and the Deputy Public Works Director/Administration Positions (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 23-039 C.S.
City Council Minutes April 4, 2023
4 5. Authorize a Contract with Community Human Services to Grant $72,000 for the Shuman HeartHouse, Future Emergency Homeless Shelter Located at 600 East Franklin Street (Exempt from CEQA Article 19, Section 15303, Class 3)
Action: Adopted Resolution No. 23-040 C.S.
*** End of Consent Agenda ***
PUBLIC HEARING
6. Resolution Modifying the 2019 Management District Plan of the Monterey County Tourism Improvement District (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Held public hearing; Adopted Resolution No. 23-041 C.S.
Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions.
Public comment was received from Lorna Moffat, who asked about public transportation as it relates to tourism, and Tom Rowley, who said that Monterey-Salinas Transit (MST) was the correct agency to answer Ms. Moffat's question.
The Council stated agreement that public transportation questions should be addressed by MST and the Transportation Agency for Monterey County (TAMC).
The Council spoke in support of the matter and recommended that residents read the information contained in the Management District Plan. It was stated that the Council's value driver relating to fiscal responsibility, revenue enhancements, long-term planning, and community partnerships aligned with this modification of the MCTID.
On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 23-041 C.S. Modifying the 2019 Management District Plan of the Monterey County Tourism Improvement District:
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
7. Resolution Reaffirming the City of Monterey’s Opposition to the “Taxpayer Protection and Government Accountability Act” (Initiative 21-0042A1) (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-042 C.S.
Assistant City Manager Rojanasathira gave the staff presentation.
Public comment was received from: Rick Aldinger, Monterey County Hospitality Association ("MCHA"), said that MCHA fully supports the staff recommendation due to the Act's potential to reduce local control; Tom Rowley, who echoed Mr. Aldinger's comments and spoke about the importance of requiring a 2/3 majority for special taxes; Carol Chorbajian, who urged the Council to oppose the Act; and Lorna Moffat, who expressed concern that the Council is not fair and honest when making decisions about fees and urged that the Council protect taxpayers.
City Council Minutes April 4, 2023
5 A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to adopt the resolution.
City Attorney Davi explained about the current law and proposed new law relating to special tax meaures, and gave further information on the "Upland case" that was referenced by Mr.
Rowley. She said that this initiative measure would not affect fees for cost recovery such as were approved earlier in the meeting.
The Council stated that the Act would potentially cost every city in California additional money and would not help local governments do a better job of helping residents. It was stated that the best way for Council to protect taxpayers was to deliver services efficiently, and that the Act would waste taxpayers' money and would represent change for change's sake only. Measures X and P were cited as examples of measures that benefit the community.
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)
COUNCIL COMMENTS
Councilmember Smith spoke about returning home from a recent trip and said that it was wonderful to be back in Monterey.
Mayor Williamson said that housing policies would be discussed at the April 18, 2023 Council meeting.
CITY MANAGER REPORTS
City Manager Uslar announced that April is National Earthquake Month and that a small earthquake had in fact taken place shortly before the Council meeting. He said that the Cannery Row Days event was ongoing with a larger event on April 15, and reported that the Recreation department had sold out their spring break sport camps and enjoyed a successful Bunny Hop Photo Op event.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:41 p.m.
ADJOURNMENT
The Council adjourned at 5:55 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor