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Council Regular Meeting

Regular Meeting

Monterey, CA · July 19, 2022

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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

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