Council Regular Meeting
Regular MeetingMonterey, CA · July 19, 2022
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, July 19, 2022
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa*, Smith, Williamson, Roberson**
Absent: None
City Staff City Manager, Assistant City Manager, City Attorney, Community
Present: Development Director, Police Chief, Parks and Recreation Director,
Finance Director, Fire Chief, Library Director, Human Resources
Director, City Clerk, Traffic Engineer, Associate Civil Engineer, Sports
Center Manager, Administrative Analyst (Housing), Engineering
Assistant, Parks Operations Manager, Interim Recreation and
Community Services Manager
* Attended remotely by teleconference for both sessions
** Attended in the Chamber in the afternoon and remotely by teleconference in the evening
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) and
Resolution No. 22-074 C.S.
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:05 p.m. City Clerk Klein explained to the
public how to participate in the meeting virtually and the safety rules for in-person attendance.
Mayor Roberson noted the presence of the full Council, with attendance modes as noted above.
PRESENTATIONS
1. Recognize July as Parks and Recreation Month (Not a Project Under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)
Action: Recognized July 2022 as Parks and Recreation Month
Mayor Roberson read the proclamation. Parks and Recreation Director Larson gave a brief
verbal presentation praising Recreation Manager Leon, Sports Center Manager Willer, and
Parks Operations Manager Marcuzzo and their teams.
2. Recognition of Rick Johnson on his Retirement as the Executive Director of the Old Monterey
Business Association (Not a Project Under CEQA per Article 20, Section 15378, and Under
General Rule Article 5, Section 15061)
Action: Recognized Rick Johnson
Mayor Roberson read the proclamation, and the Council praised Rick Johnson on his service to
the City in many ways over the years.
City Council Minutes July 19, 2022
3. Recognize City Employees for Milestone Anniversaries and Retirements for 2nd Quarter 2022
(Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061)
Action: Recognized City Manager Uslar and Retired Fire Senior Administrative Analyst
Rettke
Fire Chief Panholzer praised recently retired Fire Senior Administrative Analyst Rettke for her
expertise and hard work for the City. Mayor Roberson honored City Manager Uslar for his 25
years of service to the City.
PUBLIC COMMENTS
Public comment on non-agendized matters was received from Nina Beety.
CONSENT ITEMS
Assistant City Manager Rojanasathira said that staff requested to amend Item 14 to remove the
Engineering Assistant II title, and that Item 16 had been requested by the public to be pulled
from Consent.
On a motion by Councilmember Smith, seconded by Councilmember Williamson, and carried by
the following vote, which was conducted by roll call, the City Council approved the CONSENT
ITEMS, amending Resolution No. 22-096 C.S. (Item 14) to remove the title of Engineering
Assistant II, and excepting Item 16:
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
4. June 7, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule
Article 5 Section 15061)
Action: Approved
Award of Construction Contracts
5. Award a Construction Contract in the Amount of $336,916.00 to Total Online Protection for the
CR-USASA B18301 RPL A-Bank Batteries and CR-USASA B18301 RPL B-Bank Batteries
(POM 21-033 and POM 21-057) Project, Presidio Municipal Services Agency***PMSA***
(Categorically Excluded from NEPA 32 CFR; Not a Project under CEQA per Pub. Resource
Code, § 21080)
Action: Adopted Resolution No. 22-088 C.S.
Ordinances
6. 2nd Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the City Code
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061)
Action: Adopted Ordinance No. 3653 C.S.
2
City Council Minutes July 19, 2022
Resolutions
7. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and
Committees for the Period July 22, 2022 through August 19, 2022 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. 22-089 C.S.
8. Authorize the Purchase of a Combination (Jet/Vac) Truck from Vac-Con, Inc. in the Amount of
$558,137.07 (Not a project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061)
Action: Adopted Resolution No. 22-090 C.S.
9. Appropriate $150,000 in California Housing and Community Development (HCD) Local Early
Action Planning (LEAP) Grant Funds and Appropriate $369,940 from the General Fund
Balances Designated for General Plan Updates to include the 6th Cycle Housing Element,
Safety Element, and Land Use Element Update (Not a Project Under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-091 C.S.
10. Award a Professional Services Agreement in the Amount of $174,770 to COAR Design Group
for the Monterey Public Safety Facility Feasibility Study (Not a Project Under CEQA per Article
20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-092 C.S.
11. Appropriate $50,000 from the Neighborhood and Community Improvement Program Ending
Balance Account to the Mar Vista Reconstruction Design Project Account ***NCIP*** (Further
CEQA Review Required)
Action: Adopted Resolution No. 22-093 C.S.
12. Adoption of the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan (Not a Project
under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-094 C.S.
13. Authorize the City Manager to Enter into an Easement Deed and Agreement for Sewer
Purposes over a Portion of the Land at 675 and 681 Van Buren Street (APN 001-512-008-000
and APN 001-512-009-000), and for the Mayor to Sign the Certificate Accepting the Easement
(Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5,
Section 15061)
Action: Adopted Resolution No. 22-095 C.S.
14. Amend Resolution 21-106 to Change the Salary Schedule for the Engineering Assistant II,
Senior Engineer, and Assistant City Attorney Positions (Not a Project Under CEQA per Article
20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-096 C.S. as amended not to include the position of
Engineering Assistant II
15. Amend and Restate Resolution 22-087 Calling a General Municipal Election for November 8,
2022 and Proposing a General Business License Tax on Commercial Cannabis Activity to
Revise the Ballot Measure Question (Exempt from CEQA pursuant to Pub. Resources Code
21065, CEQA Guidelines 15378(b)(4), 15061(b)(3) and Pub. Resources Code 21080, subd.
(b)(8); CEQA Guidelines 15273(a)(4).))
Action: Adopted Resolution No. 22-097 C.S.
3
City Council Minutes July 19, 2022
16. Award Americans with Disabilities Act (ADA) Transition Plan Update Professional Services
Contract ***CIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Action: Pulled from Consent; Adopted Resolution No. 22-098 C.S.
Public comment was received from Nina Beety, who shared grievances over the City's past
responses to requests for accommodation regarding and requested to be added to a mailing list
regarding the ADA Transition plan.
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 adopted Resolution No. 22-
098 C.S. to Award Americans with Disabilities Act (ADA) Transition Plan Update Professional
Services Contract ***CIP***:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
17. Authorize Purchase of ePlus Technology Inc. Backup Hardware and Services for $84,986.38
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061)
Action: Adopted Resolution No. 22-099 C.S.
*** End of Consent Agenda ***
PUBLIC HEARING
18. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in
Engineer’s Report for Fiscal Year 2022/2023 (Not a Project under CEQA per Article 20, Section
15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-100 C.S.
Public comment was solicited and not received. City Clerk Klein and Administrative Assistants
Tulett (City Clerk's Office) and Momini (Public Works) performed the count of the sealed ballots.
City Clerk Klein announced that the result of the tally was a majority "yes."
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 adopted Resolution No. 22-
100 C.S. to Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed
in Engineer’s Report for Fiscal Year 2022/2023:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
4
City Council Minutes July 19, 2022
19. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in
Engineer’s Report for Fiscal Year 2022/2023 (Not a Project under CEQA per Article 20, Section
15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-101 C.S. (4-0-1, Councilmember Smith abstaining)
Public comment was solicited and not received. City Clerk Klein and Administrative Assistants
Tulett (City Clerk's Office) and Momini (Public Works) performed the count of the sealed ballots.
City Clerk Klein announced that the result of the tally was a majority "yes."
Councilmember Smith stated that he would abstain from the vote due to the location of his
office in the district.
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.
22-101 C.S. to Confirm Calle Principal Maintenance District 00-1 Area and Assessment
Proposed in Engineer’s Report for Fiscal Year 2022/2023:
AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 1 COUNCILMEMBERS: Smith
RECUSED: 0 COUNCILMEMBERS: (None)
PUBLIC APPEARANCE
20. 2nd Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to
Prohibit the Sale of all Flavored Tobacco Products Except for Flavored Shisha Tobacco
Products and to Prohibit Single Use Electronic Smoking Devices (Not a Project Under CEQA
per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Passed ordinance to print, as amended to exempt the real property located at 220
Olivier Street
City Manager's Office Intern Kennedy gave the staff presentation, outlining public health
considerations relating to hookah usage. She said that the staff recommendation was to adopt
the ordinance as previously written with no exemption for flavored shisha tobacco or any other
type of flavored tobacco. She answered Councilmembers' questions together with City Manager
Uslar.
Public comment in favor of adopting the ordinance without a shisha exemption was received
from: Kendra Howell, Blue Zones Project Monterey County and Salinas Valley Memorial
Healthccare system (SVMH); Elouise Shim; Amaya Wooding, who said that California Student
Tobacco Survey shows that the percentage of youth using hookah are comparable to other
products not exempted such as large cigars and smokeless tobacco, said that cancer doesn't
care if a product is cultural and that flavored tobacco is not traditional; Tim Gibbs, Tobacco Free
Kids; Jen Grand-Lejano, American Cancer Society, citing the need to protect youth and
communities of color without exploitable loopholes; Jimmy Ancira, citing hookah lounges being
a gateway to other tobacco products; Sheila Phan, Breathe California, citing health inequities;
Michelle House, Monterey County Health Department, who said that the County banned all
flavored tobacco products with no exemption, and offered to assist with educational efforts;
Anne Wheelis, American Heart Association, stating hookah is primarily used by Hispanic/Latino
young adults and is no longer a cultural process; Brian McCarthy, citing child-focused hookah
flavors offered by the local lounge and stating that cigarettes themselves also have a cultural
5
City Council Minutes July 19, 2022
background; and Katia, Sun Street Centers, who shared anecdotes about 18 year olds
accessing the hookah lounge.
Public comment in favor of exempting shisha/hookah from the ordinance was received from:
Thomas Lawton, Fumari and NHCA Monterey, citing hookah as a cultural practice; Jayna
Kirsch, Indian Summer Hookah Lounge, stating that the lounge’s hookah use would not be part
of a youth epidemic of tobacco use; Rima Khoury, who disputed facts presented by staff;
George Jonson, National Community Hookah Association, who stated certain flavors have been
traditional for over 100 years and that there is no unflavored hookah market; and Niamh, who
urged Council to protect the local business and said that electronic hookahs do not exist.
Assistant City Manager Rojanasathira provided on-screen a version of the draft ordinance that
could be considered, that would grandfather in an exemption specifically for the real property at
220 Olivier Street where the Indian Summer hookah lounge operates.
A motion was introduced by Councilmember Haffa, and seconded by Councilmember
Williamson, to bring the ordinance back for another second reading, as amended per staff's
recommendation during the meeting to exempt the real property located at 220 Olivier Street
(the location of the Indian Summer hookah lounge).
Mayor Roberson stated that in the interest of time and to allow for full understanding of staff's
new recommendation, the Council would recess and take the matter up again after a break.
RECESS / RECONVENE
The Council recessed at 6:00 p.m. and reconvened at 7:02 p.m., at which time the Council first
heard non-agendized general public comments, and then returned to item 20.
The Council discussed the motion. On question, City Attorney Davi provided information about
the mechanisms available to enforce violations. Concern was expressed that it would be
impossible to enforce age-related concerns regarding smoking on-premises at Indian Summer,
and it was stated that an under-21 ban could be considered. A comparison was made between
tobacco restrictions and alcohol restrictions as they both pertain to youth use and abuse.
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)
CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from Jhonrico Carr,
21. Adopt a Resolution Establishing Compensation and Benefits Packages for Unrepresented
Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061)
Action: Adopted Resolution No. 22-102 C.S.
6
City Council Minutes July 19, 2022
This matter was heard in the evening, following conclusion of Item 20. City Manager Uslar gave
a brief verbal presentation reading aloud from the resolution regarding the proposed
compensation and benefits packages.
Public comment was not received.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
CONSENT ITEM (EVE)
Public comment on the Evening Consent Item was not received.
On a motion by Councilmember Haffa, seconded by Mayor Roberson, and carried by the
following vote, which was conducted by roll call, the City Council approved the CONSENT ITEM
(EVE):
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
22. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments
and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-103 C.S.
*** End of Consent Agenda ***
PUBLIC APPEARANCE (EVE)
23. Authorize the City Manager to Enter into an Exclusive Negotiating Agreement with First
Community Housing for Development of Affordable Housing at 442 Adams Street (Not a Project
under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Discussed, Not Authorized
Housing Analyst Leonard gave the staff presentation and answered Councilmembers'
questions. It was suggested ocean level rise or flood resiliency for the site should be explored.
Public comment was received from: Curt Tipton, who expressed concern about the potential
maximum height and access to parking of a resulting project; Esther Malkin, who suggested
that the actual definition of low-income for Monterey be explained in future presentations; and
Geoffrey Morgan, First Community Housing, who spoke in support of the proposed Exclusive
Negotiating Agreement (ENA).
The Council discussed the matter. Concern was expressed about the feasibility of the project,
and it was suggested to table the matter, citing obstacles including excessive height, sea level
rise, and lack of water availability. It was stated that this was not a compatible, right location.
7
City Council Minutes July 19, 2022
On the other hand, concern was expressed about the reality of the housing crisis. It was stated
that cost should not be a consideration because the City would not pay for the project. It was
questioned why parking of cars was prioritized over people. Regarding height, it was stated that
the impact of height would depend on the appearance and attractiveness of the building. It was
stated that some jurisdictions issue bonds for developers to support the purchase of property,
with property tax implications after the property is transferred to the jurisdictions. It was stated
that the location was not a surprise and that the Council had previously directed staff to move
forward with this location.
A motion was introduced by Councilmember Williamson, and seconded by Councilmember
Haffa, to Authorize the City Manager to enter into an Exclusive Negotiating Agreement with First
Community Housing Development of Affordable Housing at 442 Adams Street.
In opposition to the motion, it was stated that the City decided this would be a ballfield, and that
people need to be able to drive to the park with their kids.
In support of the motion, the question was posed: “if not here, then where?”
The motion failed by the following roll-call vote:
AYES: 2 COUNCILMEMBERS: Haffa, Williamson
NOES: 3 COUNCILMEMBERS: Albert, Smith, Roberson
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council recessed at 9:10 p.m. and reconvened at 9:24 p.m.
24. Authorize the City Manager to Enter into an Exclusive Negotiating Agreement with MidPen
Housing for Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450
Madison Street (Not a Project under CEQA per Article 20, Section 15378 and under General
Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-104 C.S.
Housing Analyst Leonard gave the staff presentation and answered Councilmembers'
questions.
Public comment was received from: Esther Malkin, who spoke about the Area Median Income
("AMI") affordability requirement, stating workers are leaving because their incomes aren’t low
enough to don't qualify for any assistance; Max Troyer and Nancy Soule, Old Town
Neighborhood Assoc., who spoke about the potential to put in a small park or green space and
said that proper parking, such as an underground garage, would be critical for the project; Tom
Rowley, who urged that the City focus on this Madison project, and for Council and staff to
follow through on projects that are realistic with available water; and Vanessa Diffenbaugh,
MidPen Housing, spoke in favor of the ENA.
A motion was introduced by Councilmember Haffa, and seconded by Councilmember Albert, to
adopt Resolution No. 22-104 C.S. Authorizing the City Manager to Enter into an Exclusive
Negotiating Agreement with MidPen Housing for Development of Affordable Housing at 587 and
593 Van Buren Street, 424 and 450 Madison Street.
The Council discussed the motion. It was stated that the idea for a park was a good one, and
that a small undersized City parking lot could become a mini-park or playground, but that
8
City Council Minutes July 19, 2022
buildable space should not be reduced for this purpose. Positive remarks were made about the
developer's work and history. It was requested that staff determine details of how existing City
facilities in use on the site will be replaced.
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)
COUNCIL COMMENTS
Councilmember Albert reported that Monterey-Salinas Transit (MST) received a $25 million
grant for the SURF bus line along Highway 1, and in addition received $1.8 million from a bill
with the help of Senator John Laird. He thanked City recreation staff for their work on the 4th of
July event. He requested to close the meeting in memory of Dr. Jim Harrison, whom he said he
respected and admired.
Councilmember Haffa shared that Community Human Services recently received assistance
from Senator John Laird to receive a $2.5 million grant to partially fund the renovation of the
recently purchased property on Franklin Street to develop a shelter for women and families. He
said that more donations will be needed but that this grant will make a big difference.
Councilmember Williamson invited all to attend Monterey Peninsula Pride festivities in the
upcoming weekend. He reported from Monterey One Water on a recent matter involving the
Flores family's properties on Casanova with two wells that he said they wish to use to develop
housing.
Councilmember Smith shared that he drove the recently formed District 2 and stated that
Monterey is a special place. He congratulated City Manager Uslar on his 25 year anniversary
with the City and wished his daughter Amy a happy upcoming birthday.
Mayor Roberson reported on the recent Monterey Peninsula Water Management District
meeting and said thatconsumers are conserving water, the Pure Water Monterey project is
running and meeting its goal, and that the board did a mid-year review of value drivers and
accomplishments. He said that MPWMD recently considered Montage as one entity for
purposes of water allocation, which he said made a new medical center possible.
CITY MANAGER REPORTS
City Manager Uslar shared that the nomination period is open until August 12, 2022 at 5 p.m.
for the Council and Mayor seats on the November 8, 2022 ballot. He shared that the water slide
is open to the public again at the Monterey Sports Center, that one firefighter is assisting at the
Washburn fire, and that the wireless ordinance will be before the Planning Commission on
August 9, 2022 for another hearing.
Public comment on closed session was not received.
The Council adjourned to closed session in honor of Dr. Jim Harrison at 10:17 p.m.
*** Adjourn to Closed Session (See additional agenda) ***
9
City Council Minutes July 19, 2022
ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: Approximately 256 Square Feet Located in the Wharf II Warehouse (Parcel
GOV000002)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Robbie Torrise (Robbie’s Ocean Fresh Seafood, Inc.)
Under Negotiation: Terms and Conditions for Lease Amendment (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 real
property negotiators
cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 353 Camino El Estero
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce)
Under Negotiation: Terms and Conditions for Lease Amendment (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 real
property negotiators
cs3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6
Agency Negotiators: Brette Neal and Gina Russo; General Employees of Monterey (GEM),
Monterey Fire Fighters' Association (MFFA) (Not a Project under CEQA Article 20, Section
15378 and under General Rule Article 5, Section 15061)
Action: No reportable action taken
cs4. Conference with Labor Negotiator Pursuant to Government Code 54957.6 - Unpresented
Employee (City Manager); Agency Negotiator: Che Johnson (Not a Project under CEQA per
Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to its labor
negotiator
cs5. Public Employee Performance Evaluation (City Attorney) Pursuant to Government Code
Section 54956(b)(1) (Not a Project under CEQA per Article 20, Section 15378 and Under
General Rule Article 19, Section 15061)
Action: No reportable action taken - Continued to August 2, 2022
ADJOURNMENT
The Council adjourned at 10:55 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
10
Agenda
City Council
Clyde Roberson, Mayor
City Council Agenda Dan Albert, Councilmember
Council Regular Meeting Alan Haffa, Councilmember
Ed Smith, Councilmember
Tuesday, July 19, 2022 Tyller Williamson, Councilmember
4:00 PM – 5:30 PM City Manager
Council Chamber, 580 Pacific
7:00 PM – 11:00 PM Hans Uslar
St., 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 strongly recommended 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 An up-to-date version of the Zoom
software must be used.
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 using or updating Zoom? 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 - 5:30 p.m.
CALL TO ORDER
PRESENTATIONS
1. Recognize July as Parks and Recreation Month (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
7/19/2022 4:00:00 PM
2. Recognition of Rick Johnson on his Retirement as the Executive Director of the Old
Monterey Business Association (Not a Project Under CEQA per Article 20, Section
15378, and Under General Rule Article 5, Section 15061)
3. Recognize City Employees for Milestone Anniversaries and Retirements for 2nd
Quarter 2022 (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 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
4. June 7, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General
Rule Article 5 Section 15061)
Award of Construction Contracts
5. Award a Construction Contract in the Amount of $336,916.00 to Total Online
Protection for the CR-USASA B18301 RPL A-Bank Batteries and CR-USASA
B18301 RPL B-Bank Batteries (POM 21-033 and POM 21-057) Project, Presidio
Municipal Services Agency***PMSA*** (Categorically Excluded from NEPA 32
CFR; Not a Project under CEQA per Pub. Resource Code, § 21080)
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.
6. 2nd Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the
City Code (Not a Project under CEQA Article 20, Section 15378 and under General
Rule Article 5, Section 15061)
2
7/19/2022 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."
7. Authorize Remote Teleconference Meetings of the City Council and Boards,
Commissions, and Committees for the Period July 22, 2022 through August 19,
2022 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)
8. Authorize the Purchase of a Combination (Jet/Vac) Truck from Vac-Con, Inc. in the
Amount of $558,137.07 (Not a project under CEQA Article 20, Section 15378 and
under General Rule Article 5, Section 15061)
9. Appropriate $150,000 in California Housing and Community Development (HCD)
Local Early Action Planning (LEAP) Grant Funds and Appropriate $369,940 from
the General Fund Balances Designated for General Plan Updates to include the 6th
Cycle Housing Element, Safety Element, and Land Use Element Update (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article
5, Section 15061)
10. Award a Professional Services Agreement in the Amount of $174,770 to COAR
Design Group for the Monterey Public Safety Facility Feasibility Study (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article
5, Section 15061)
11. Appropriate $50,000 from the Neighborhood and Community Improvement
Program Ending Balance Account to the Mar Vista Reconstruction Design Project
Account ***NCIP*** (Further CEQA Review Required)
12. Adoption of the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan
(Not a Project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061)
13. Authorize the City Manager to Enter into an Easement Deed and Agreement for
Sewer Purposes over a Portion of the Land at 675 and 681 Van Buren Street (APN
001-512-008-000 and APN 001-512-009-000), and for the Mayor to Sign the
Certificate Accepting the Easement (Not a Project under CEQA per Article 20,
Section 15378 and under General Rule Article 5, Section 15061)
14. Amend Resolution 21-106 to Change the Salary Schedule for the Engineering
Assistant II, Senior Engineer, and Assistant City Attorney Positions (Not a Project
Under CEQA per Article 20, Section 15378 and Under General Rule Article 5,
Section 15061)
15. Amend and Restate Resolution 22-087 Calling a General Municipal Election for
November 8, 2022 and Proposing a General Business License Tax on Commercial
Cannabis Activity to Revise the Ballot Measure Question (Exempt from CEQA
pursuant to Pub. Resources Code 21065, CEQA Guidelines 15378(b)(4),
15061(b)(3) and Pub. Resources Code 21080, subd. (b)(8); CEQA Guidelines
15273(a)(4).))
3
7/19/2022 4:00:00 PM
16. Award Americans with Disabilities Act (ADA) Transition Plan Update Professional
Services Contract ***CIP*** (Not a Project Under CEQA per Article 20, Section
15378 and Under General Rule Article 5, Section 15061)
17. Authorize Purchase of ePlus Technology Inc. Backup Hardware and Services for
$84,986.38 (Not a Project under CEQA 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).)
18. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed
in Engineer’s Report for Fiscal Year 2022/2023 (Not a Project under CEQA per
Article 20, Section 15378 and under General Rule Article 5, Section 15061)
19. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed
in Engineer’s Report for Fiscal Year 2022/2023 (Not a Project under CEQA per
Article 20, Section 15378 and under General Rule Article 5, Section 15061)
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.
20. 2nd Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and
Charges) to Prohibit the Sale of all Flavored Tobacco Products Except for Flavored
Shisha Tobacco Products and to Prohibit Single Use Electronic Smoking Devices
(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
21. Adopt a Resolution Establishing Compensation and Benefits Packages for
Unrepresented Employees (Not a Project under CEQA 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.
4
7/19/2022 4:00:00 PM
PLEDGE OF ALLEGIANCE
CONTINUED PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes
on any subject that is within the jurisdiction of the Monterey City Council and that 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.
ANNOUNCEMENTS FROM CLOSED SESSION
CONSENT ITEMS (EVE)
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.
22. Adopt Resolution Certifying Compliance with State Law with Respect to Levying
Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section
15378 and Under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***
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.
23. Authorize the City Manager to Enter into an Exclusive Negotiating Agreement with
First Community Housing for Development of Affordable Housing at 442 Adams
Street (Not a Project under CEQA per Article 20, Section 15378 and under General
Rule Article 5, Section 15061)
24. Authorize the City Manager to Enter into an Exclusive Negotiating Agreement with
MidPen Housing for Development of Affordable Housing at 587 and 593 Van Buren
Street, 424 and 450 Madison Street (Not a Project under CEQA per Article 20,
Section 15378 and under General Rule Article 5, Section 15061)
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.
ADJOURNMENT
5
7/19/2022 4:00:00 PM
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.
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
INTERPRETATION: The Monterey City Council invites and encourages public participation at its
meetings. Requests for language interpretation may be made by contacting the City Clerk at
cityclerk@monterey.org or 831-646-3935. The City Clerk will make every effort to accommodate requests
for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of
the City Council. The City is committed to addressing language interpretation requests swiftly in order to
maximize public participation.
ACCESSIBILITY: 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 cityclerk@monterey.org or (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
6
Get email alerts for Monterey
A daily email when new agendas and minutes are posted.