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Council Regular Meeting

Regular Meeting

Monterey, CA · November 2, 2021

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 2, 2021 4:00 PM COUNCIL CHAMBER 580 PACIFIC ST. AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert*, Haffa*, Smith*, Williamson*, Roberson Absent: None * Attended remotely by teleconference City Staff Assistant City Manager, City Attorney, Community Development Director, Present: Public Works Director, Police Chief, Parks and Recreation Director, Finance Director, Library Director, City Clerk, Senior Engineer, Sustainability Coordinator, Deputy Human Resources Manager This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C). ***Afternoon Session Agenda *** CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. City Clerk Klein 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. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Technical Sergeant Sean Wheeler, Sergeant Joan Lee, and Airman First Class Grace Brandt Mayor Roberson presented proclamations toTechnical Sergeant Sean Wheeler, Sergeant Joan Lee, and Airman First Class Grace Brandt, who each made brief comments. PUBLIC COMMENTS Public comment on non-agendized items was received from Robbie Torrise and Lorna Moffat. CONSENT ITEMS Public comment on the Consent Items was not received. City Council Minutes November 2, 2021 On a motion by Councilmember Haffa, 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) Approval of Minutes 2. October 19, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved Ordinances 3. 1st Reading by Title Only of an Ordinance Amending Article 1 of Chapter 14 of the Monterey City Code Regulating Solid Waste Disposal and Recycling Services for Residential and Commercial Premises in Order to Comply with State Law and to Implement Mandatory Organic Waste Disposal Reduction Requirements (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to print 4. 2nd Reading - Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory and Junior Accessory Dwelling Units (Statutorily Exempt from CEQA per Article 18, Sections 15061(b)(3), 15282(h) and Public Resources Code Section 21080.17) Action: Adopted Ordinance No. 3641 C.S. Resolutions 5. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees through December 2, 2021 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 21-111 C.S. *** End of Consent Agenda *** PUBLIC HEARING 6. Consider 580 Calle Principal; Applications MA-21-0117 and TM-21-0120 for a Mills Act Contract and Rezone H-1 Historic Landmark Overlay Zoning; Applicant Merritt Hawley of MAP Architect; Owner Blake Matheson, Raven’s Path; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Sections 15305, 15331, Classes 5, 31 Action: Passed Ordinance to print; Adopted Resolution No. 21-112 C.S. Community Development Director Cole gave the staff presentation and answered Councilmembers' questions. 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 passed to print the draft 2 City Council Minutes November 2, 2021 Ordinance to rezone 580 Calle Principal from PC-D to PC-D-H-1, and adopted Resolution No. 21-112 C.S. authorizing a Mills Act Contract at 580 Calle Principal: 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 No comments made. CITY MANAGER REPORTS City Manager Uslar announced that the Presidio Museum has reopened. *** Adjourn to Closed Session (See additional agenda) *** Public comment was not received on the closed session. The Council adjourned to closed session at 4:35 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2) Related to Notice of California Voting Rights Act Violation by the League of United Latin American Citizens, LULAC, District 12 Received on September 25, 2021 (Not a Project under CEQA, Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Continued from October 27, 2021 Action: No reportable action taken cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1 Fisherman's Wharf (Concession 1) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Sally Elves and Sherri Tuioti (Harbor House Gifts Monterey, Inc.) Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Not held cs3. 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 The Council adjourned at 7:15 p.m. 3 City Council Minutes November 2, 2021 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, November 2, 2021 Tyller Williamson, Councilmember Council Chamber 4:00 PM City Manager 580 Pacific St. Hans Uslar and Zoom Teleconference Monterey, California IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both in- person and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees. 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 and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. 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 *** CALL TO ORDER PLEDGE OF ALLEGIANCE 11/2/2021 4:00:00 PM PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (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. 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 2. October 19, 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. 3. 1st Reading by Title Only of an Ordinance Amending Article 1 of Chapter 14 of the Monterey City Code Regulating Solid Waste Disposal and Recycling Services for Residential and Commercial Premises in Order to Comply with State Law and to Implement Mandatory Organic Waste Disposal Reduction Requirements (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4. 2nd Reading - Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory and Junior Accessory Dwelling Units (Statutorily Exempt from CEQA per Article 18, Sections 15061(b)(3), 15282(h) and Public Resources Code Section 21080.17) 2 11/2/2021 4:00:00 PM 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. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees through December 2, 2021 Pursuant to AB361 Ralph M. Brown Act Provisions (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. 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. Consider 580 Calle Principal; Applications MA-21-0117 and TM-21-0120 for a Mills Act Contract and Rezone H-1 Historic Landmark Overlay Zoning; Applicant Merritt Hawley of MAP Architect; Owner Blake Matheson, Raven’s Path; PC-D Zoning District; Commercial General Plan Designation; Exempt from CEQA per Article 19, Sections 15305, 15331, Classes 5, 31 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) *** Council will adjourn to closed session no later than 5:00 p.m. 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: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. 3 11/2/2021 4:00:00 PM 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 4

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