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Council Regular Meeting

Regular Meeting

Monterey, CA · November 3, 2020

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 3, 2020 4:00 PM 6:00 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, City Clerk, Human Resources Director, Library Director, Senior Associate Planner, Associate Planner, Fire Chief, Administrative Assistant 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 4:00 p.m. City Clerk Klein explained to the public how to participate in the meeting and provide public comment. PUBLIC COMMENTS No public comment was received for non-agendized matters. CONSENT ITEMS No public comment was received on the Consent Agenda. Approval of Minutes 1. October 20, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 2. Award Construction Contract in the Amount of $651,651.00 to The Don Chapin Company, Inc. and Authorize an Appropriation of $66,330.76 in Grant Funds for Franklin Street Storm Drain Repair Project (34c0606) (Exempt from CEQA Article 19, Section 15303) Action: Adopted Resolution No. 20-159 C.S. . Award a Construction Contract in the Amount of $927,900 to Avila Brothers, Inc. for the Waterfront Resources Recovery Facility Project (30c1513) (Exempt from CEQA requirements per Article 19, Section 15303, Class 3) ***CIP*** -- Continued from October 20, 2020 Action: Adopted Resolution No. 20-160 C.S. 11/3/2020 4:00:00 PM Ordinances 4. 1st Reading by Title Only of an Ordinance Adding Article 17 to Chapter 25 of the City Code to Ratify Reserve Peace Officer Program and Authorize “Designated” Level I Reserve Peace Officers at the Monterey Police Department and Adopt a Resolution Authorizing the City Manager to Sign a Side Letter with the Monterey Police Association Regarding the Program (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed Ordinance to Print, adopted Resolution 20-161 C.S. Resolutions 5. Amend Resolution 18-194 Awarding a Construction Contract to Bishop Inc. for the Presidio of Monterey Various Buildings Roof Replacement Package 1 Project by Increasing the Construction Contingency Amount from $263,291.50 to $371,466.50 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) Action: Adopted Resolution No. 20-162 C.S. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council approved the Consent Items. AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** PUBLIC HEARING 6. 1st Reading by Title Only of an Ordinance to Rezone 946 W. Franklin Street from R-1-6 to R-1-6-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Passed Ordinance to Print, adopted Resolution 20-163 C.S. (4-0-1, Councilmember Williamson Recused) Senior Associate Planner Fernanda Roveri presented the Agenda Report and answered Councilmembers’ questions. No public comment was received on this item. Councilmember Williamson recused himself from this item, due to living within 500 feet of the subject site. On a motion by Mayor Roberson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council passed to print the first reading of the Ordinance to Rezone 946 W. Franklin Street from PC-D-ES to PC-D-ES-H2 as a City Historic Resource and Adopted Resolution No. 20-163 C.S to Authorize a Mills Act Contract (Property Tax Savings Program For Historic Structures). AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: (None) 2 11/3/2020 4:00:00 PM ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Williamson 7. 1st Reading by Title Only of an Ordinance to Rezone 491 Webster Street from PC- D-ES to PC-D-ES-H2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Passed Ordinance to Print, adopted Resolution 20-164 C.S. Associate Planner Christy Sabdo presented the Agenda Report and answered Councilmembers’ questions. Property owner Greg Beardsley gave a brief overview of the property and his commitment to rehabilitating it. No further public comment was received on this item. 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 to print the first reading of the Ordinance to Rezone 491 Webster Street from PC-D-ES to PC-D-ES- H2 as a City Historic Resource and Adopted Resolution No. 20-164 C.S to Authorize a Mills Act Contract (Property Tax Savings Program For Historic Structures). AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) REQUESTS FROM COUNCILMEMBERS TO AGENDIZE NEW MATTERS 8. Councilmember Williamson’s Request to Agendize a Discussion about Policy Recommendations for More Affordable Housing (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) Action: Tabled No public comment was received. On a motion by Councilmember Williamson, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council tabled Councilmember Williamson’s request to agendize a discussion about policy recommendations for more affordable housing. 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 Councilmember Albert expressed thanks to his campaign supporters and noted that there was still time to vote. 3 11/3/2020 4:00:00 PM Councilmember Williamson commended all that stepped forward to run for office. Councilmember Haffa conveyed appreciation to those who supported him in his campaign as well as the candidates that ran. Mayor Roberson thanked all that participated in the election process and expressed concern regarding the City’s hospitality industry during the upcoming winter months. He said that we must take care of the City and each other in order to facilitate healing. CITY MANAGER REPORTS City Manager Uslar noted that the ballot box in front of the Monterey Public Library would be open until 8:00 p.m., after which submitted ballots would be collected by Monterey County. ADJOURNMENT 1. The Council adjourned at 4:29 p.m. Respectfully Submitted, Approved, Mary-Kathryn Salameh Clyde Roberson Administrative Assistant Mayor 4

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Afternoon Session Only Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, November 3, 2020 Tyller Williamson, Councilmember 4:00 PM – 6:00 PM City Manager Monterey, California Hans Uslar 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 are being conducted with virtual (electronic) participation only. BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These emails and text messages are shared with the Council or relevant Board or Commission prior to the start of the meeting, but are not read aloud. All comments become part of the record and are made available online at https://monterey.org/submitted-comments DURING EACH MEETING: Join the ZoomGov Webinar to participate or watch the meeting live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1607729333  Or by telephone: Dial 833-568-8864 (Toll Free) or 669-254-5252 (Campbell, Calif.) o Enter Webinar ID: 160 772 9333 # o If prompted to enter a participant ID, press #  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. Meetings are also streamed live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). **Afternoon Session Agenda *** 4:00 – 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE 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 or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. 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. 11/3/2020 4:00:00 PM Approval of Minutes 1. October 20, 2020 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Award of Construction Contracts 2. Award Construction Contract in the Amount of $651,651.00 to The Don Chapin Company, Inc. and Authorize an Appropriation of $66,330.76 in Grant Funds for Franklin Street Storm Drain Repair Project (34c0606) (Exempt from CEQA Article 19, Section 15303) 3. Award a Construction Contract in the Amount of $927,900 to Avila Brothers, Inc. for the Waterfront Resources Recovery Facility Project (30c1513) (Exempt from CEQA requirements per Article 19, Section 15303, Class 3) ***CIP*** -- Continued from October 20, 2020 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. 4. 1st Reading by Title Only of an Ordinance Adding Article 17 to Chapter 25 of the City Code to Ratify Reserve Peace Officer Program and Authorize “Designated” Level I Reserve Peace Officers at the Monterey Police Department and Adopt a Resolution Authorizing the City Manager to Sign a Side Letter with the Monterey Police Association Regarding the Program (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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." 5. Amend Resolution 18-194 Awarding a Construction Contract to Bishop Inc. for the Presidio of Monterey Various Buildings Roof Replacement Package 1 Project by Increasing the Construction Contingency Amount from $263,291.50 to $371,466.50 ***PMSA*** (Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource Code, § 21080) *** 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. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues 2 11/3/2020 4:00:00 PM you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).) 6. 1st Reading by Title Only of an Ordinance to Rezone 946 W. Franklin Street from R-1-6 to R-1-6-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) 7. 1st Reading by Title Only of an Ordinance to Rezone 491 Webster Street from PC- D-ES to PC-D-ES-H2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) REQUESTS FROM COUNCILMEMBERS TO AGENDIZE NEW MATTERS Council may request to agendize a matter of business on a future agenda (G.C. 54954.2). 8. Councilmember Williamson’s Request to Agendize a Discussion about Policy Recommendations for More Affordable Housing (Not a Project under CEQA Article 20, Section 15378, and under General Rule Article 5, Section 15061) 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 (G.C. 54954.2). 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. 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 Media Productions (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 3 11/3/2020 4:00:00 PM 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 4

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