Council Regular Meeting
Regular MeetingMonterey, CA · May 19, 2020
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, May 19, 2020
4:00 PM 7:00 PM
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith, Williamson, Roberson
Absent: None
City Staff City Manager, Assistant City Manager, City Attorney, Community
Present: Development Director, Public Works Director, Police Chief, Finance
Director, Parks and Recreation Director, Acting City Clerk, Human
Resources Director, Dir. of Information Resources/City Clerk, Assistant
Director of Information Resources, Associate Planner, Administrative
Analyst (Housing), Deputy Human Resources Manager, Fire Chief,
Assistant Finance Director, Parking Superintendent, Principal Planner
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17,
2020, this meeting was conducted with telephonic/video participation only by all parties.
***Afternoon Session Agenda ***
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:02 p.m. Assistant City Manager Rojanasathira
provided information about how to participate by calling in to give public comment on the live
web meeting.
PRESENTATIONS
1. Recognize National Public Works Week 2020 (Not a Project Under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)
Action: Recognized National Public Works Week 2020
Public Works Director Wittry gave a brief introduction and played a video about the work of the
Public Works team during the Shelter in Place order due to the COVID-19 pandemic. He
answered Councilmembers' questions.
2. Presentation on Public Banking (Not a project under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061)
Action: Received presentation
Councilmember Williamson introduced the matter and Brett Garrett, People for Public Banking
in Santa Cruz, gave an oral presentation and answered Councilmembers' questions.
The Council discussed the matter. It was suggested that it might help to pass a resolution of
support requesting that the County provide leadership. It was noted that access to low-interest
funding would be of interest. It was requested to know more about governance and oversight of
public banks, and about the scope of the City's potential involvement. Concern was noted
about the potential of jeopardizing the City's bond rating or assets. It was stated that there are a
lot of questions and this is the first dialogue in a conversation.
City Council Minutes May 19, 2020
Mayor Roberson opened public comments. Duane Peterson, Villa Del Monte, echoed concerns
about the City's assets with regard to public banking, and asked if there would be a risk of being
raided by the State. Kevin Dayton expressed support for interest and fees being retained
locally, and agreed with the concept that local bankers should have the opportunity to weigh in.
He expressed concern about special interests and favoritism, but concluded that public banking
is worth pursuing. James McIntosh referred to Wells Fargo's actions in the past and said that
they may not serve the advantage of the community, and spoke in favor of the City's rental
assistance program. With no further requests to speak, Mayor Roberson closed public
comments.
PUBLIC COMMENTS
Mayor Roberson opened public comments. Curt Tipton, Downtown Neighborhood Association,
referring to Item 9, requested that City staff look for grants to make the Pearl District a historic
district instead of designating each property individually. With no further requests to speak,
Mayor Roberson closed public comments.
CONSENT ITEMS
City Manager Uslar, Public Works Director Wittry, and Parking Superintendent Steffy answered
Councilmembers' questions on Items 5, 6, 7, and 8.
On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the
following vote, which was conducted by roll call, the City Council approved the CONSENT
ITEMS except Item 6:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
3. April 29, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General
Rule Article 5, Section 15061)
Action: Adopted
4. May 5, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
Action: Adopted
Ordinances
5. Introduce, Read by Title Only, and Pass a First Reading of an Ordinance Repealing Monterey
City Code 33-29 Park and Recreation Dedication and Fees
Action: Passed Ordinance to print
Resolutions
6. Amend Resolution 15-215 to Revise the Master Fee Schedule to Adjust Parking Division Rates
and Fees (Not a Project Under CEQA, Per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
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City Council Minutes May 19, 2020
Action: Pulled from Consent; Adopted Resolution No. 20-060 C.S. as amended to keep
Monterey Sports Center (MSC) parking fees as they currently stand, and Directed staff to
bring MSC parking fees to Council at a later date
Mayor Roberson opened public comments. Curt Tipton referred to the downtown overlay,
commenting that downtown garages will be used at night, which he said may not allow
residents to use the structure without undue burden. Duane Peterson asked if the increases
can be applied gradually in smaller increments, or suggested that if the full increase is put in
place at once, there be a longer time period for parking. Kevin Dayton, Monterey Peninsula
Chamber of Commerce, echoed a Councilmember suggestion to better share information about
local parking deals. DeAnn Brady recommended that the Council increase the flat rate in the
Cannery Row garage during peak season and keep employee vouchers the same. She asked
Council to wait until January 2021 to implement the fee increases. With no further requests to
speak, Mayor Roberson closed public comments.
The Council discussed the matter. Regarding the idea of waiting until January to implement the
increases, it was stated that instead perhaps staff could come back to Council in January with a
report on the impact of increasing the fees.
On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the
following vote, which was conducted by roll call, the City Council adopted Resolution No. 20-
060 C.S. as amended to keep Monterey Sports Center (MSC) parking fees as they currently
stand, and directed staff to bring MSC parking fees to Council at a later date:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
7. Amend Resolution 19-115 Changing the Position Control List for the Information Services
Department by Reclassifying the Senior Assistant City Clerk Position to City Clerk ; and Amend
Resolution 17-150 Changing the Salary Schedule to Add the Full-time Salary Schedule for the
City Clerk (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
Action: Adopted Resolution No. 20-061 C.S.
Other
8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 330-350 Alvarado Street (Osio Plaza); Agency
Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Patrick Prindle (MCM
Diversified as agent for Green Valley Corporation); Under Negotiation: Terms and Conditions
for Lease Termination (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Action: Appointed Kimberly Cole and Janna Aldrete as agency negotiators
*** End of Consent Agenda ***
PUBLIC HEARING
9. 1st Reading - Rezone 490 Camino El Estero as a City Historic Resource from PC-D-ES to PC-
D-ES-H-2 (Exempt from CEQA per Article 19, Section 15305, Class 5)
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City Council Minutes May 19, 2020
Action: Passed Ordinance to print
Senior Associate Planner Roveri gave the staff presentation.
Mayor Roberson opened public comments. Pastor Ted Esaki spoke in support of the historic
rezone. With no further requests to speak, Mayor Roberson closed public comments.
On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the
following vote, which was conducted by roll call, the City Council passed the ordinance to
Rezone 490 Camino El Estero as a City Historic Resource from PC-D-ES to PC-D-ES-H-2:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
10. Adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community
Development Block Grant Funds and the Citizen Participation Plan, and Authorize Submittal to
the U.S. Department of Housing and Urban Development to Receive $152,845 in CARES Act
Funding for Emergency Housing Assistance (Exempt from NEPA per 24 CFR Part 58 and from
CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26).
Action: Adopted Resolution No. 20-062 C.S.
Housing Analyst Leonard gave a brief staff presentation and answered Councilmembers'
questions.
Mayor Roberson opened public comments. James McIntosh expressed concern about whether
people who have lost their jobs due to COVID-19 will be covered by the program. With no
further requests to speak, Mayor Roberson closed public comments.
Council discussed the matter. It was stated that this program would be important for the renter
community, which accounts for a high percentage of Monterey residents. On question, City
Manager Uslar confirmed that the program applies to people who live and/or work in Monterey.
On a motion by Councilmember Williamson, seconded by Councilmember Haffa, and carried by
the following vote, which was conducted by roll call, the City Council adopted Resolution No.
20- to adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for Community
Development Block Grant Funds and the Citizen Participation Plan.:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
PUBLIC APPEARANCE
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City Council Minutes May 19, 2020
11. Authorize the Mayor to Send Letters to Monterey One Water, Monterey Peninsula Unified
School District, Monterey Peninsula Water District, and Transportation Agency for Monterey
County on behalf of the City Requesting these Agencies Consider Revising Fee Schedules for
Residential Development to a Square Footage Basis and to Collect Fees at Certificate of
Occupancy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
Action: Tabled
This item was continued by Mayor Roberson to be heard as the last item in the evening session
and was at that time tabled by Mayor Roberson.
RECESS 5:30 p.m.
Council recessed at 5:35 p.m.
RECONVENE
The Council reconvened at 7:03 p.m.
*** Evening Session Agenda ***
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
CONTINUED PUBLIC COMMENTS
Mayor Roberson opened public comments. Esther Malkin said that the housing assistance
program needs to be creative to help renters, including those who may not be party to a formal
lease. Lorna Moffat expressed appreciation for improvements at the sidewalk at Figueroa
Street, and expressed concern about lack of social distancing on the wharf and about
dangerous additives in a future COVID-19 vaccine. Curt Tipton referred to concerns about sea
level rise and stated that the proposed overlay (Item 12) is projected to be under water in the
future.
Wendy Brickman thanked the City for its responsiveness to the COVID-19 crisis. Katrina Hintze
thanked the City for recent repairs on the Recreational Trail, and asked for considerations for
those with disabilities regarding access to the Rec Trail and the beaches. With no further
requests to speak, Mayor Roberson closed public comments.
City Manager Uslar said that City staff is looking into the question about rental assistance for
those who are renting a room without being party to a formal lease.
PUBLIC HEARING (EVE)
12. Amend Resolution 19-211 to Include 650 East Franklin Street and 437 Figueroa Street In, and
Remove 450 Camino El Estero from, the Boundaries of the Density Cap Overlay District in the
Downtown Specific Plan; Exempt from CEQA per Government Code Section 65457 and CEQA
Guidelines Section 15182
Action: Adopted Resolution No. 20-063 C.S.
Principal Planner Flower gave the staff presentation and answered Councilmembers' questions.
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City Council Minutes May 19, 2020
Mayor Roberson opened public comments. Lorna Moffat said that the area is not appropriate
for four story buildings. Mallory Mickel expressed concern about four story buildings in the area
and said it would be an eyesore with associated traffic and parking concerns. Barbara Meister,
Monterey Bay Aquarium, spoke in support of the staff recommendation. With no further
requests to speak, Mayor Roberson closed public comments.
The Council discussed the matter. It was suggested to include the Mission Mortuary location
(450 Camino El Estero) with the sites proposed in the resolution.
A motion was introduced by Councilmember Williamson to approve the staff recommendation
as amended to include 450 Camino El Estero site. The motion died for lack of a second.
It was noted by Council that the City needs to meet current and pent-up housing needs.
Regarding height, it was stated that the increased height is needed for density and won't stand
out in the area, and that Council desires height modulation and significantly designed buildings
in the area. Regarding density, it was noted that this action does not increase the number of
units in the area by a huge number, and it was stated that downtown is an appropriate area for
housing density and that other areas in the City need to do their part toward the housing crisis
as well. It was stated that both proposed properties make sense to add, that the area is in need
of attention and redevelopment, and that mixed use development in the area will benefit
everyone and increase property values. It was stated that the entire area has historic value and
may make sense to acknowledge as a historic district.
On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the
following vote, which was conducted by roll call, the City Council staff recommendation to adopt
Resolution No. 20-063 C.S. to Amend the Downtown Specific Plan to Include 650 East Franklin
Street and 437 Figueroa Street in, and remove 450 Camino El Estero from, the Boundaries for
the Density Cap Overlay District in the Downtown Specific Plan:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
13. Deny Appeal 20-083 and Approve the Personal Wireless Facility Use Permit UP-20-0039, to
Allow a New Verizon Wireless Facility at the Community Hospital of the Monterey Peninsula
Building located at 23265 Holman Highway; Applicant: Ben Hackstedde Sequoia Deployment
Services for Verizon Wireless; Owner: Montage Health; PC – Planned Community Zoning
District; Commercial General Plan Land Use Designation; Exempt from CEQA per Article 19,
Section 15303, Class 3
Action: Adopted Resolution No. 20-064 C.S.
Mayor Roberson explained the procedural process for a fair hearing. He asked the Council if
any member had any ex parte communications, and if so, to please disclose those
communications. None were disclosed.
Jerry Hittleman, contract planner with Rincon Consultants, gave the staff presentation. He
explained the project location and history, and said that staff acknowledges the reasons for the
appellant’s appeal, but said that The proposed project complies with all local (Monterey
Municipal Code), state (CEQA) and FCC radiofrequency regulations. He went through the
points that were the basis for the appeal and addressed them, and explained the findings
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City Council Minutes May 19, 2020
recommended by staff and the recommendation to deny the appeal and approve the use
permit. He answered Councilmembers' questions.
Applicant Paul Albritton, Verizon Wireless, on the phone with seven colleagues, spoke on
behalf of the project application and the importance to the hospital of obtaining improved access
to the Verizon network. He said that the appellant’s principal position relates to RF exposure,
but environmental concerns were raised as well. He addressed the appellant’s environmental
and property value concerns, noting that Federal law states that once the applicant has shown
that the facility complies with FCC guidelines, there can be no environmental regulation on the
effects of radiofrequency emissions. He said that electromagnetic sensitivity is not a protected
disability under the Americans with Disabilities Act (ADA). He said that the appellant is
mistaken on the law with regard to ADA, the Fair Housing Act, and the California Environmental
Quality Act (CEQA). He indicated that the medical professionals are currently unable to
communicate with their “click system” using Verizon coverage and noted that wireless services
can serve as backup when broadband services fail. Duane Bonham, RF engineer for Verizon
Wireless, described the small coverage (one quarter to one half mile in any direction) designed
to be reached by the site, and said that the request for coverage came from the hospital. Bill
Hammett, P.E., Hammett & Edison Consulting Engineers, said that the maximum RF exposure
associated with the proposed facility was well below the federal allowed amount. He said that
the circle diagram by CTC showed the exposure at the height of the antenna, not at ground
level or inside the building. He said that the exposure inside the building will be less than
ground level outside the building. On question from Council, Mr. Hammett said that RF
exposure produced by the three carriers at the site is experienced cumulatively, and confirmed
that the cumulative total is still substantially below the FCC limit.
Appellant Nina Beety stressed the points that make up the basis of her appeal and stated that
she stands by their accuracy. She went through statements made by Mr. Albritton in his letter
and rejected his statements, saying that ADA and NEPA are not proxy arguments and must be
complied with by the City. She stated that the Telecommunications Act (TCA) requires
enforcement of other laws, and alleged that Mr. Albritton was cherry-picking the TCA. She
stated that Mr. Albritton’s claim about electromagnetic sensitivity (EMS) not being protected by
the ADA goes against federal acknowledgement of EMS persons, and said that there must be
balancing of vulnerable humans with machine environments. She said that Mr. Albritton’s
statement about WHO should be disregarded and that there are thousands of studies that link
EMS symptoms to EMF exposure. Regarding the report by Mr. Hittleman on behalf of the City,
she said that the recommendation to deny the appeal represents a breakdown in community
relations. She called into question Mr. Hittleman’s qualifications on ADA and FHA topics. She
stated that the significant change posed by the project should trigger NEPA review as
measured by peak decibels at her home, and stated that the City can invoke FCC statutes and
require NEPA review due to significant alteration of her home environment. She said that
earlier materials indicated a larger area of RF exposure than the area stated by the applicant at
this time. She said that this project does not comply with the City’s wireless ordinance due to
noncompliance with ADA. She said that if the Council denies the appeal, it is her request that
Verizon not activate its facility in a phased manner, and asked for notification when it will be
activated to be given to the City and from the City to her. City Attorney Davi stated that the
Council could ask questions of Ms. Beety, and no questions were asked.
Mayor Roberson opened public comments. Tim Nylen, Montage Health, said that the wireless
facility is needed to increase connectivty at the hospital and that the decision to add the tower is
not a business decision but a decision to support the medical community. Lorna Moffat, citing
health concerns relating to cellular technology, asked City Council to postpone the project and
read the book Cell Phones: Invisible Hazards of the Wireless Age by George Carlo.
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City Council Minutes May 19, 2020
Susan Foster referred to a 2004 study of six firefighters who she said were found to have
measurable brain damage due to five years of exposure to a tower in front of their station that
she said emitted frequencies measured at 1/1000th of the amount allowable by the FCC, at 2G
levels. She said that Ms. Beety has every right to request ADA accommodations and asserted
that the ADA is not preempted by the Telecommunications Act of 1996. Kevin Dayton said that
it is notable that the medical professionals have requested the coverage. With no further
requests to speak, Mayor Roberson closed public comments.
Mr. Albritton, Applicant, said in rebuttal to the appellant that Verizon Wireless is always in
compliance with RF regulations set by the FCC. He said that the courts have never been
acknowledged EMS as a disability requiring accommodations under the ADA. He said that
Verizon Wireless complies with all NEPA requirements and that this project does not qualify for
NEPA review. Mr. Hammett said that the 10% referred to by Mr. Hittleman is based on figures
provided by a City-obtained report and that the 3% is on the conservative end of the calculation.
He said that his April 1 letter addressed Ms. Beety’s concerns. He said that at a half mile away,
at Ms. Beety’s home, exposure would be at a thousandths-of-a-percent level.
Council recessed at 9:14 p.m. and reconvened at 9:30 p.m.
A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to
accept the staff recommendation and find that the Planning Commission's vote should be
upheld to Deny Appeal 20-083 and Approve the Personal Wireless Facility Use Permit UP-20-
0039.
It was stated by Council that the points of the appeal were studied carefully and that the
Planning Commission's questions and decisions were thorough and made the right findings. It
was stated that the Councilmembers could not find anything that the Planning Commission
erred on to suggest a need to overturn their decision. It was stated that the Council appreciates
the concerns of the appellant but there is nothing that would justify a denial, such as no
aesthetic impacts or historic status of a building, and even though Council can't consider RF
exposure, it is found that the RF exposure at the ground is less than 10% of what is allowed by
FCC, and in the building the exposure is even less. It was stated that this site is a priority site
since it is not a residential area, so the applicant is actually trying to do what Council is asking
them to do and is well within the FCC standards.
The motion carried by the following roll-call vote:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
PUBLIC APPEARANCE (EVE)
14. City Manager Report on Covid-19 Response Efforts (Not a project under CEQA per Article 20
Section 15378 and under General Rule Article 5 Section 15061)
Action: Received report
City Manager Uslar gave the presentation. On question, he said that there are inquiries
considering closing streets to allow pedestrian traffic and outdoor seating, and that the business
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City Council Minutes May 19, 2020
community has not spoken yet with one voice on this matter. A Councilmember requested that
business people who are hesitant try to become open to the idea.
Mayor Roberson opened public comments. Esther Malkin said she has concerns about the lack
of enforcement of current policies such as requiring masks and social distancing. She said that
that it is important not to undo the progress the area has made to keep COVID-19 numbers low.
With no further requests to speak, Mayor Roberson closed public comments.
15. Adopt a Resolution Ratifying the Order of the Director of Emergency Services (Monterey City
Manager) Directing Limited Beach and Park Closures to Prevent the Spread of COVID-19,
Amended May 8, 2020 (Exempt from CEQA Per Article 18, Section 15269.c)
Action: Adopted Resolution No. 20-065 C.S.
Assistant City Manager Rojanasathira gave the staff presentation. He and City Manager Uslar
answered Councilmembers' questions.
Mayor Roberson opened public comments. Lorna Moffat asked how the City would enforce the
regulations, and said that people need to wear masks on the beach. Thomas cited a KION
report that Monterey Police are not enforcing COVID-19 regulations. Esther Malkin said that it is
unfair to place the burden for the lack of enforcement on the front-line staff; she said that
education is not a substitute for enforcement, it is an invitation for more disobedience. Leslie
Svetich said that asking police officers to enforce the regulations would put them in in harm's
way. With no further requests to speak, Mayor Roberson closed public comments.
The Council discussed the matter. It was stated that the City team is handling the situation well.
The Council addressed the police officers and thanked them for the work they are doing. It was
stated that public health and safety and personal liberty are both valid, serious concerns, and
that the Council and staff are trying to find the balance. It was emphasized that we have a
responsibility to each other to observe social distancing and wear masks in public.
On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the
following vote, which was conducted by roll call, the City Council adopted Resolution No. 20-
065 C.S. Ratifying the Order of the Director of Emergency Services (Monterey City Manager)
Directing Limited Beach and Park Closures to Prevent the Spread of COVID-19, Amended May
8, 2020:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
COUNCIL COMMENTS
Council comments were not heard, in the interest of time.
CITY MANAGER REPORTS
City Manager reports were not heard, in the interest of time.
Mayor Roberson opened public comments on the closed session, and received none.
ANNOUNCEMENTS FROM CLOSED SESSION
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City Council Minutes May 19, 2020
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 330-350 Alvarado Street (Osio Plaza)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Patrick Prindle (MCM Diversified, as agent for Green Valley Corporation)
Under Negotiation: Terms and Conditions for Lease Termination (Not a Project Under CEQA
per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Not heard
cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM),
Management Employees' Association (MEA), Police Lieutenants' Management Association
(PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association
(MPA), Monterey Fire Fighters' Association (MFFA) Monterey Executive Management
Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and
under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to their
labor negotiators
cs3. BECERRA MARQUEZ, PEDRO vs. CITY OF MONTEREY, et al. WCAB No.:
ADJ11340948: Fwd: Conference with Legal Counsel - Existing Litigation Pursuant to
Government Code section 54956.9(d)(1) Name of Case: BECERRA MARQUEZ, PEDRO vs.
City of Monterey (Workers' Compensation Appeals Board) (Not a Project under CEQA Article
20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to their
legal counsel
ADJOURNMENT
The Council adjourned at 11:27 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
Acting City Clerk Mayor
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Agenda
Monterey City Council City Council
Regular Meeting Agenda Clyde Roberson, Mayor
Dan Albert, Councilmember
Council Regular Meeting Alan Haffa, Councilmember
Ed Smith, Councilmember
Tuesday, May 19, 2020 Tyller Williamson, Councilmember
4:00 PM - 5:30 PM City Manager
7:00 PM – 11:00 PM Hans Uslar
Monterey, California
IMPORTANT NOTICE:
Pursuant to Governor Newsom's Executive Orders N-29-20 and N-33-20, and to do all we can
to help slow the spread of COVID-19 (coronavirus):
Meetings of the Monterey City Council and its Boards and Commissions will be
conducted with virtual (electronic) participation only. Members of the public may watch
the live stream of the City Council and Boards and Commission meetings
at https://www.youtube.com/cityofmonterey (up to 10 second delay) or on television on
Channel 25 (up to 90 second delay). The YouTube live stream has the shortest delay
and is recommended for anyone wishing to provide public comment (see details below).
BEFORE EACH MEETING, members of the public may participate by submitting
comment(s) to cityclerk@monterey.org from an email account or a cell phone's texting
app until ½ hour before the start of the meeting. These emails and text messages will be
shared with the Council or relevant Board or Commission prior to the start of the
meeting, but will not be read aloud during the meeting. All comments received will
become part of the record.
DURING EACH MEETING, members of the public may participate by calling and
speaking live during the designated time(s), subject to time limits that may be imposed
pursuant to the Brown Act. To provide public comment:
o Please follow along with the meeting on the YouTube live stream, as it has the
shortest delay, and only call when the public comment period is announced.
o When the public comment period is announced, call the telephone number that
will be provided on-screen and announced by the Mayor. Enter the conference
room number, then #.
o You will be muted upon joining the call.
o Enter *5 to "raise your hand." When it is your turn to speak, you will be unmuted.
Please remember to turn the sound off on your television or computer when it is
your turn to talk (or as soon as you call in). Leaving your television or computer
on will cause interference with the broadcast and the audience will not be able to
hear you.
o Between comment periods, please hang up the phone. If you wish to comment
on another item, please call back when the public comment period is announced.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.
CALL TO ORDER
PRESENTATIONS
1. Recognize National Public Works Week 2020 (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
5/19/2020 4:00:00 PM
2. Presentation on Public Banking (Not a project under CEQA Article 20, Section
15378 and under General Rule Article 5, Section 15061)
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes
on any subject which is within the jurisdiction of the Monterey City Council and which is
not on the agenda. Any person or group desiring to bring an item to the attention of the
City Council may do so by addressing the Council during Public Comments using the
method described in the Important Notice regarding COVID-19 at the top of the agenda.
NOTE: Public Comments are taken during the afternoon session and continued at the
evening session. Individuals may choose to speak once for up to three minutes at either
session, but not both.
CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff
recommendation has been prepared. A member of the public or a Councilmember may
request that an item be placed on the regular agenda for further discussion.
Approval of Minutes
3. April 29, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
4. May 5, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Ordinances
ORDINANCES are legislative acts by the Council, are the most permanent and binding
type of Council action as they modify the City Code, and may be replaced only by a
subsequent ordinance. An ordinance requires legal advertisement when introduced, and
two readings at separate Council meetings. An ordinance is considered "passed to print"
when approved for a second reading, and is "passed and adopted" when given final
approval by the Council.
5. Introduce, Read by Title Only, and Pass a First Reading of an Ordinance Repealing
Monterey City Code 33-29 Park and Recreation Dedication and Fees
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or
programs, or are passed to direct certain types of administrative action. A resolution may
be changed by adoption of a subsequent resolution. Resolutions only require one
reading and are approved when "passed and adopted."
6. Amend Resolution 15-215 to Revise the Master Fee Schedule to Adjust Parking
Division Rates and Fees (Not a Project Under CEQA, Per Article 20, Section 15378
and Under General Rule Article 5, Section 15061)
7. Amend Resolution 19-115 Changing the Position Control List for the Information
Services Department by Reclassifying the Senior Assistant City Clerk Position to
City Clerk ; and Amend Resolution 17-150 Changing the Salary Schedule to Add
the Full-time Salary Schedule for the City Clerk (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
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Other
8. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Property: 330-350 Alvarado Street
(Osio Plaza); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating
Parties: Patrick Prindle (MCM Diversified as agent for Green Valley Corporation);
Under Negotiation: Terms and Conditions for Lease Termination (Not a Project
Under CEQA per Article 20, Section 15378 and Under General Rule Article 5,
Section 15061)
*** End of Consent Agenda ***
PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending
Council action. You are welcome to offer your comments after being recognized by the
Mayor. The Council may limit the time allocated to each speaker.
9. 1st Reading - Rezone 490 Camino El Estero as a City Historic Resource from PC-
D-ES to PC-D-ES-H-2 (Exempt from CEQA per Article 19, Section 15305, Class 5)
10. Adopt a Substantial Amendment to the 2019/2020 Annual Action Plan for
Community Development Block Grant Funds and the Citizen Participation Plan, and
Authorize Submittal to the U.S. Department of Housing and Urban Development to
Receive $152,845 in CARES Act Funding for Emergency Housing Assistance
(Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section
15301, Class1, 15306, Class 6 and 15326, Class 26).
PUBLIC APPEARANCE
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate
public discussion, but that do not require formal noticing as public hearings. You are
welcome to offer your comments after being recognized by the Mayor. The Council may
limit the time each speaker is allocated.
11. Authorize the Mayor to Send Letters to Monterey One Water, Monterey Peninsula
Unified School District, Monterey Peninsula Water District, and Transportation
Agency for Monterey County on behalf of the City Requesting these Agencies
Consider Revising Fee Schedules for Residential Development to a Square
Footage Basis and to Collect Fees at Certificate of Occupancy (Not a Project Under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061)
*** Adjourn to Closed Session (See additional agenda) ***
Council will adjourn to closed session no later than 5:00 p.m.
RECESS 5:30 p.m.
RECONVENE
*** Evening Session Agenda ***
7:00 - 11:00 p.m.
No discussion of a new item will be started after 10:30 p.m.
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PLEDGE OF ALLEGIANCE
CONTINUED PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes
on any subject which is within the jurisdiction of the Monterey City Council and which is
not on the agenda. Any person or group desiring to bring an item to the attention of the
City Council may do so by addressing the Council during Public Comments using the
method described in the Important Notice regarding COVID-19 at the top of the agenda.
NOTE: Public Comments are taken during the afternoon session and continued at the
evening session. Individuals may choose to speak once for up to three minutes at either
session, but not both.
ANNOUNCEMENTS FROM CLOSED SESSION
PUBLIC HEARING (EVE)
PUBLIC HEARINGS are held to receive public comment on certain items pending
Council action. You are welcome to offer your comments after being recognized by the
Mayor. The Council may limit the time allocated to each speaker.
12. Amend Resolution 19-211 to Include 650 East Franklin Street and 437 Figueroa
Street In, and Remove 450 Camino El Estero from, the Boundaries of the Density
Cap Overlay District in the Downtown Specific Plan; Exempt from CEQA per
Government Code Section 65457 and CEQA Guidelines Section 15182
13. Deny Appeal 20-083 and Approve the Personal Wireless Facility Use Permit UP-
20-0039, to Allow a New Verizon Wireless Facility at the Community Hospital of the
Monterey Peninsula Building located at 23265 Holman Highway; Applicant: Ben
Hackstedde Sequoia Deployment Services for Verizon Wireless; Owner: Montage
Health; PC – Planned Community Zoning District; Commercial General Plan Land
Use Designation; Exempt from CEQA per Article 19, Section 15303, Class 3
PUBLIC APPEARANCE (EVE)
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate
public discussion, but that do not require formal noticing as public hearings. You are
welcome to offer your comments after being recognized by the Mayor. The Council may
limit the time each speaker is allocated.
14. City Manager Report on Covid-19 Response Efforts (Not a project under CEQA per
Article 20 Section 15378 and under General Rule Article 5 Section 15061)
15. Adopt a Resolution Ratifying the Order of the Director of Emergency Services
(Monterey City Manager) Directing Limited Beach and Park Closures to Prevent the
Spread of COVID-19, Amended May 8, 2020 (Exempt from CEQA Per Article 18,
Section 15269.c)
COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement or
make a brief report on his or her activities. In addition, Council may provide a referral to
staff or other resources for factual information, or request staff to report back to the body
at a subsequent meeting concerning any City matter.
CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He
may also ask for clarification or direction regarding scheduling of Council meetings and
study sessions.
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ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or
during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on
items such as "Public Appearance" and "Public Hearings." Comment may be made via the method
described in the Important Notice (re: COVID-19) at the top of the agenda.
Writings distributed for discussion or consideration on these matters within 72 hours of the meeting,
pursuant to Government Code § 54957.5, are available at the following
link: https://monterey.org/SubmittedComments
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of
written material, pictures, etc. should be provided for this purpose.
City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access
Channel 25 by Access Monterey Peninsula (AMP).
CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:
Voicemail: (831) 646-3799
Fax: (831) 646-3793
Email: suggest@monterey.org
WebPage: http://www.monterey.org
The City of Monterey is committed to including the disabled in all of its services, programs
and activities. In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the City Clerk’s Office at (831) 646-
3935.
Notification 30 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title
II]. Later requests will be accommodated to the extent feasible. For communication-related
assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS
offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7
days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use
CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device.
Upcoming city meetings are listed at http://isearchmonterey.org
More information is available by calling (831) 646-3935
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