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Council Regular Meeting

Regular Meeting

Monterey, CA · March 2, 2021

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 2, 2021 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, Finance Director, Parks and Recreation Director, City Clerk, Human Resources Director, Property Manager, Assistant Finance Director 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. *** Evening Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 7:04 p.m. Assistant City Manager Rojanasathira explained to the public how to participate in the virtual meeting and provide public comment. City Clerk Klein called the roll. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PRESENTATIONS 1. Recognition of American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Presented proclamation Lee Hedgepeth, American Red Cross Monterey Chapter, gave a brief verbal presentation. PUBLIC COMMENTS Public comment on non-agendized matters was received from Jean Rasch, Pat Venza, Tammy Jennings, and Kala Fossum. CONSENT ITEMS Public comment on the Consent Items was not received. 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 approved the CONSENT ITEMS: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) City Council Minutes March 2, 2021 ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. February 16, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 3. February 24, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 4. 1st Reading by Title Only of an Ordinance Amending Administrative Sections of the Transient Occupancy Tax Ordinance (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed ordinance to print Resolutions 5. Award Contract to Toro Petroleum Corporation for Bulk Gasoline, Diesel and Red Dye Diesel Fuel in an Amount Not to Exceed $407,000 on an Annual Basis (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-017 C.S. 6. Authorize the City Manager to Enter into an Agreement with the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-018 C.S. Other 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Huckleberry Hill Nature Preserve; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: United States Army; Under Negotiation: Terms and Conditions for New Lease Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Wharf II Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joe Roggio (Del Mar Seafoods, Inc.); Under Negotiation: Price and Terms for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed agency negotiators Kimberly Cole and Janna Aldrete *** End of Consent Agenda *** COUNCIL COMMENTS 2 City Council Minutes March 2, 2021 Councilmember Albert reported on a recent Monterey Vista Neighborhood Association meeting that he attended, and said that the neighbors are interested to know what the City is doing about homeless encampments and making progress on the wireless ordinance. He said that the Monterey Regional Waste Management District has put out a Request for Proposals (RFP) for private operators for the Last Chance Mercantile. Councilmember Smith said that Transportation Agency for Monterey County (TAMC)’s annual legislative day will be held virtually this year. He said that Cal Trans is prioritizing the opening of Highway 1 in Big Sur by the summer. Mayor Roberson reported on recent matters before the Monterey Peninsula Water Management District: the current status of the aquifer, the status of the State's cease and desist order against California-American Water, and the Association of Monterey Bay Area Governments (AMBAG)'s regional growth forecast for 2022. He reported that a recent analysis regarding the water district indicated that either the desalination plant or an expansion of wastewater recycling would meet Peninsula's water needs until 2045. He reported that the water district had submitted an application to the Local Agency Formation Commission (LAFCO) regarding Measure J and public ownership of water system. He thanked Finance Director Lai for her hard work at the City of Monterey and wished her the best in the future. All of the Councilmembers echoed Mayor Roberson's praise for Finance Director Lai. Finance Director Lai made remarks to share her gratitude for her experience at the City. CITY MANAGER REPORTS City Manager Uslar echoed the complimentary comments to Finance Director Lai. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 7:48 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Huckleberry Hill Nature Preserve Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: United States Army Under Negotiation: Price and Terms for New Lease Agreement (Not a Project Under CEQA per 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 its negotiators cs 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Joe Roggio (Del Mar Seafoods, Inc.) Under Negotiation: Price and Terms for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3 City Council Minutes March 2, 2021 Action: On a unanimous roll-call vote, the Council gave confidential direction to its negotiators cs 3. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 2. Bryce Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527) 3. City vs Monterey Peninsula Regional Airport District (Monterey County Superior Court Case No. 20CV002445) Action: On a unanimous roll-call vote, the Council gave confidential direction to its legal counsel regarding the matter of Bonnie Gawf v. City of Monterey. No action was taken on the Bryce Morgan v. City of Monterey or City vs Monterey Peninsula Regional Airport District matters. ADJOURNMENT The Council adjourned at 8:35 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 4

Agenda

City Council Clyde Roberson, Mayor City Council Agenda Dan Albert, Councilmember Council Regular Meeting Alan Haffa, Councilmember Ed Smith, Councilmember Tuesday, March 2, 2021 Tyller Williamson, Councilmember 7:00 PM – 11:00 PM City Manager Evening Session Only 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 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), 669-254-5252 (Campbell, Calif.) or 646- 828-7666 (New York, NY). If one number doesn’t work, please try another. 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. This meeting will also stream live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). *** Evening Session Agenda *** 7:00 - 11:00 p.m. No discussion of a new item will be started after 10:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Recognition of American Red Cross Month (Not a Project Under CEQA per 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 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. 3/2/2021 7:00:00 PM 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 2. February 16, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3. February 24, 2021 (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. 4. 1st Reading by Title Only of an Ordinance Amending Administrative Sections of the Transient Occupancy Tax Ordinance (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. Award Contract to Toro Petroleum Corporation for Bulk Gasoline, Diesel and Red Dye Diesel Fuel in an Amount Not to Exceed $407,000 on an Annual Basis (Not a project under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 6. Authorize the City Manager to Enter into an Agreement with the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Other 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Huckleberry Hill Nature Preserve; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: United States Army; Under Negotiation: Terms and Conditions for New Lease Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Wharf II Warehouse; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joe Roggio (Del Mar Seafoods, Inc.); Under Negotiation: Price and Terms for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2 3/2/2021 7:00:00 PM *** End of Consent Agenda *** COUNCIL COMMENTS Councilmembers may ask a question for clarification or 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, 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. *** Adjourn to Closed Session (See additional agenda) *** 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 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 3

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