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Council Regular Meeting

Regular Meeting

Monterey, CA · September 7, 2021

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, September 7, 2021 4:00 PM MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa*, Smith, Williamson (arrived at 4:06 p.m.), Roberson Absent: None * Participated remotely via videoconference City Staff City Manager, Assistant City Manager, Community Development Present: Director, Public Works Director, Parks and Recreation Director, City Clerk, Human Resources Director, Senior Engineer ***Afternoon Session Agenda *** Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020 and Section 42 of Executive Order N-08-21 issued by Governor Newsom on June 11, 2021, the meeting was conducted with a hybrid combination of telephonic/video participation (via Zoom) and in-person attendance in the Council Chamber. CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein and Assistant City Manager Rojanasathira explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. PUBLIC COMMENTS Public comment on non-agendized matters was received from Jean Rasch, Nina Beety, and Lorna Moffat. Councilmember Williamson arrived at 4:06 p.m. CONSENT ITEMS Assistant City Manager Rojanasathira gave a brief overview at the Council's request on agenda Item 4 and answered Councilmembers' questions. Public comment was not received on the Consent Items. On a motion by Councilmember Williamson, seconded by Councilmember Smith, 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) City Council Minutes September 7, 2021 Approval of Minutes 1. August 17, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved 2. August 25, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Award of Construction Contracts 3. Award Construction Contract in the Amount of $1,104,410 to Granite Construction Company for Citywide Road Rehabilitation, Phase 2 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** Action: Adopted Resolution No. 21-093 C.S. Resolutions 4. Authorize the Mayor to Sign a Letter on Behalf of the City of Monterey Supporting a Resolution at the League of California Cities 2021 Annual Conference Addressing the Inequities of the Current 1% Bradley Burns Local Sales Tax Revenue Distribution as it Pertains to Online Sales (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 21-094 C.S. Other 5. Receive Mayor’s Recommendation and Make Appointment to the Neighborhood and Community Improvement Program (NCIP) Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed William Whipple as NCIP Representative to the New Monterey neighborhood for a term expiring June 30, 2024 *** End of Consent Agenda *** PUBLIC HEARING 6. 1st Reading by Title Only of an Ordinance Adopting the First Amended Development Agreement for the Del Monte Beach Community Project (Environmental Impact Report Previously Certified) Action: Passed ordinance to print Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. Public comment was received from Carol Frederick, who asked for clarification relating to a Coastal Commission permit, and Verl Siththanandan and John Bridges, who thanked City staff and special counsel on behalf of applicant Chi Kim Hoang for their time and work on the proposed development agreement. 2 City Council Minutes September 7, 2021 Community Development Director Cole answered questions regarding water allocations and the Coastal Commission permit process. 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 1st Reading by Title Only of an Ordinance Adopting the First Amended Development Agreement for the Del Monte Beach Community Project: 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 7. Approve the Neighborhood and Community Improvement Program Manual (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) – Continued from August 3, 2021 Action: Adopted Resolution No. 21-095 C.S. Public Works Director Wittry gave a brief verbal presentation. Public comment was received from Jean Rasch, who spoke in favor of the revisions made by staff and the proposed version of the manual. On a motion by Mayor Roberson, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 21-- 095 C.S. to Approve the Neighborhood and Community Improvement Program Manual: 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 reported on the Business Excellence Awards of the Monterey Peninsula Chamber of Commerce that he recently attended, and praised the City of Monterey for its award. Councilmember Williamson reported on the status of a potential Monterey One Water (M1W) water purchase agreement for the expansion of Pure Water Monterey project, and expressed hope for moving beyond the cease and desist order. Councilmember Smith praised the Neighborhood and Community Improvement Program (NCIP) and those who make it work so well. He congratulated the Monterey County Convention and Visitors Bureau (MCCVB)'s new Chair, Chris Sommers, and reported on the MCCVB's recent annual luncheon. He praised first responders for their work on large fires in the State. Mayor Roberson stated that he believes the Water Management District would be likely to approve the water purchase agreement, which he stated was still being negotiated. He 3 City Council Minutes September 7, 2021 complimented Senator Laird's office for their work putting together a task force regarding illegal encampments on CalTrans' rights-of-way. CITY MANAGER REPORTS None made. *** Adjourn to Closed Session (See additional agenda) *** Public comment was not received on the closed session. The City Council adjourned to closed session at 4:54 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2), (e)(3), Anticipated Litigation, Significant Exposure to Litigation, Mary Echols Claim dated February 24, 2021 (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 its legal counsel cs2. (1) Public Employee Performance Evaluation (City Manager) Pursuant to Government Code section 54957(b)(1) and (2) Conference with Labor Negotiator Pursuant to Government Code 54957.6 - Unrepresented Employee (City Manager); Agency Negotiator: Allyson Hauck (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Not held ADJOURNMENT 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, September 7, 2021 Tyller Williamson, Councilmember Council Chamber 4:00-7:00 PM City Manager 580 Pacific Street Hans Uslar and Zoom Teleconference Monterey, California IMPORTANT NOTICE: The City of Monterey is committed to the safe public attendance of its public meetings and seeks to continue to offer virtual methods for public participation options. Governor Newsom's Executive Order N-29-20 remains in effect, providing greater flexibility for agencies holding public meetings during the COVID-19 (coronavirus) pandemic. Details for public participation in this City Council meeting:  BEFORE THIS MEETING, members of the public may submit comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments. All comments received become part of the record.  DURING THIS MEETING, members of the public may attend and participate: o In-person (location listed above), with masks required for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.  Online via ZoomGov Webinar live (no time delay):  Join on a computer or smartphone: https://monterey- org.zoomgov.com/j/1607729333  Or join 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.  Enter Webinar ID: 160 772 9333 #  If prompted to enter a participant ID, press #  To “raise your hand” dial *9. Once called upon, dial *6 to unmute.  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda *** 4:00 – 7:00 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. 9/7/2021 4:00:00 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 1. August 17, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2. August 25, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Award of Construction Contracts 3. Award Construction Contract in the Amount of $1,104,410 to Granite Construction Company for Citywide Road Rehabilitation, Phase 2 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** 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." 4. Authorize the Mayor to Sign a Letter on Behalf of the City of Monterey Supporting a Resolution at the League of California Cities 2021 Annual Conference Addressing the Inequities of the Current 1% Bradley Burns Local Sales Tax Revenue Distribution as it Pertains to Online Sales (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Other 5. Receive Mayor’s Recommendation and Make Appointment to the Neighborhood and Community Improvement Program (NCIP) Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, 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. 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 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 Adopting the First Amended Development Agreement for the Del Monte Beach Community Project (Environmental Impact Report Previously Certified) 2 9/7/2021 4:00:00 PM 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. 7. Approve the Neighborhood and Community Improvement Program Manual (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) – Continued from August 3, 2021 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, 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. *** 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." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: https://monterey.org/submitted-comments 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 recorded 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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