Council Regular Meeting

City Council Tyller Williamson, Mayor Kim Barber, Councilmember, City Council Agenda District 1 Council Regular Meeting Gino Garcia, Councilmember Alan Haffa, Councilmember Tuesday, March 7, 2023 Ed Smith, Councilmember, District 2 4:00 PM – 5:30 PM Council Chamber 7:00 PM – 11:00 PM City Manager 580 Pacific St. Monterey, California Hans Uslar How to participate in this meeting:  Written comment: Members of the public may submit comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.  In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.  Remote via ZoomGov Webinar: o 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. o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (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 o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  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. Recognition of March 2023 as American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) PUBLIC COMMENTS (MATTERS NOT ON AGENDA) 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: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both.  3/7/2023 4:00:00 PM CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 2. February 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) 3. February 23, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Award of Construction Contracts 4. Award a Construction Contract in the Amount of $1,446,085.00 to Precision Grade Inc., for the Citywide Sidewalk Repair Project, Phase 7 (35C1552) (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** 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. 5. 1st Reading by Title Only of an Ordinance Amending Administrative Provisions of the Transient Occupancy Tax Ordinance that do not Require Voter Approval (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 6. Resolution of Intention to Modify the Monterey County Tourism Improvement District (MCTID) Management District Plan (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 7. Amend Resolution 22-086, the FY 22/23 Position Control List by Adding One (1) Full Time Equivalent (FTE) Senior Facility Attendant Position and Removing One (1) Vacant FTE Facility Attendant Position (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 2  3/7/2023 4:00:00 PM 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).) 8. Amend and Restate Resolution 22-077, Master Fee Schedule to Adjust Fees for each of the Following Departments: Community Development, Parks and Recreation, City Clerk, Library, Police Department, Finance Department, Public Works Department, Parking Division, and Harbor Division (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Recommended for Continuance to March 21, 2023 at 4:00 p.m. 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. 9. Authorize a Contract with Community Human Services to Pass Through $2.5 Million in State Funding for the Shuman HeartHouse, a Future Emergency Homeless Shelter Located at 600 East Franklin Street (Exempt from CEQA Article 19, Section 15303, Class 3) 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. PLEDGE OF ALLEGIANCE CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) 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: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING (EVE) 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).) 3  3/7/2023 4:00:00 PM 10. Adopt the North Fremont Street Sidewalk Gap Closure Project Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program 11. Resolution Adopting Proposed Draft Findings and Declaring an Intent to Overrule the Monterey County Airport Land Use Commission’s Consistency Determination for the Draft Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17.) and Directing That Notice Be Provided to the Commission and the California Department of Transportation Division of Aeronautics 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 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- 4  3/7/2023 4:00:00 PM 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 5