Zoom Teleconference
Monterey, California
Monterey City Council
Special Meeting Agenda
Council Special Meeting
Wednesday, January 26, 2022
5:00 PM
City Council
Clyde Roberson, Mayor
Dan Albert, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember
Tyller Williamson, Councilmember
City Manager
Hans Uslar
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, and to do all we can to help slow the spread of COVID-19 (coronavirus), meetings of the Monterey City Council and its Boards and Commissions are being conducted with virtual (electronic) participation only.
Details for public participation in this City Council meeting:
BEFORE THIS MEETING, members of the public may submit comment(s) to [email protected] 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 via ZoomGov Webinar live (no time delay):
Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1613844440 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: 161 384 4440 #
If prompted to enter a participant ID, press #
To “raise your hand” dial *9. Once called upon, dial *6 to unmute. Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions.
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).
CALL TO ORDER
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.
1. Amend Resolution No. 22-004 to Authorize the City to Apply for the CalRecycle SB1383 Local Assistance Grant Program for FY 2021-2022 Either Individually or Jointly with MRWMD or Other Local Agencies (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
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 1/26/2022 5:00:00 PM
2 items such as "Public Appearance" and "Public Hearings." Comment may be made via the method described in the Important Notice (re: COVID-19) at the top of the agenda.
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 videotaped 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: [email protected]
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 [email protected] 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 [email protected] 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-tospeech, 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 Council
Agenda Report
№07/19
FROM: Kim Cole, AICP, Community Development Director
Prepared By: Ted Terrasas, REHS, Sustainability Manager SUBJECT: Amend Resolution No. 22-004 to Authorize the City to Apply for the CalRecycle SB 1383 Local Assistance Grant Program for FY 2021-2022 Either Individually or Jointly with the MRWMD or Other Local Agencies (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:
That the City Council authorize the City to apply for the CalRecycle SB 1383 Local Assistance Grant Program for FY 2021-2022 either individually or jointly with the MRWMD or Other Local Agencies.
POLICY IMPLICATIONS:
The City will be required to comply with the regulations established by SB 1383 relating to short lived climate pollutants adopted in 2020. As a result, the program implementation, monitoring, tracking, public outreach and reporting to the State will be responsibilities assigned to the City.
While the City could work to address these responsibilities on its own, collaborating with the other jurisdictions in the region facing the same regulatory requirements offers a potentially more efficient and cost effective response.
FISCAL IMPLICATIONS:
There are no fiscal impacts involved in applying for SB 1383 Local Assistance Grant funding.
ENVIRONMENTAL DETERMINATION:
The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
ALTERNATIVES CONSIDERED:
If the City does not apply for grant funding related to SB 1383 compliance funding for necessary activities will need to be generated from other sources, such as franchise fee income related to solid waste collection fee increases.
Date: 1/26/2022
Item No.: 1.
Council Special Meeting, 1/26/2022, Item No. 1., Item Page 1, Packet Page 3 DISCUSSION:
The City Council approved Resolution 22-004 on January 18, 2022 requesting approval to allow the MRWMD to apply for SB 1383 Local Assistance Grant funding on the City’s behalf. All member agencies of the MRWMD agreed to this approach as well, except for the County of Monterey, which is also a member of the Salinas Valley Recycles (SVR) Joint Powers Authority.
The County was informed that because it is a member of both the MRWMD and SVR, it would not be able to participate in two separate applications. On January 21, 2022, CalRecycle also began notifying SVR staff that they would not be able to submit a grant application on their member agency’s behalf because the County would not be included in their application.
Due to the fact that the MRWMD application was structured the same way, the MRWMD will likely no longer be able to apply on behalf of the City of Monterey either. As a result, the City will need to find an alternate pathway to apply for CalRecycle grant funding before the February 1, 2022, application deadline.
To resolve this issue, MRWMD member agencies are considering alternative solutions including choosing a lead agency among cities or applying individually and potentially including the MRWMD as a consultant to assist with the grant application process.
In summary, staff is recommending that the City Council allow additional methods for the City to obtain grant funding by approving the attached resolution permitting the City to apply individually, with the MRMWD or with other member agencies.
TJT/
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments.
Council Special Meeting, 1/26/2022, Item No. 1., Item Page 2, Packet Page 4 RESOLUTION NO. __- ___ C.S.
A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AMEND RESOLUTION NO. 22-004 TO AUTHORIZE THE CITY TO APPLY FOR THE CALRECYCLE SB 1383 LOCAL ASSISTANCE GRANT PROGRAM FOR FY 2021-2022
EITHER INDIVIDUALLY OR JOINTLY WITH THE MRWMD OR OTHER LOCAL
AGENCIES
WHEREAS, SB 1383 is recognized throughout the industry as being the most significant solid waste legislation in the past 30 years and focuses on the diversion of organic waste from disposal in landfills;
WHEREAS, according to the State of California, in 2017 67% of waste in the state was organic;
WHEREAS, organic waste generates methane during decomposition, which has 80 times the warming power of carbon dioxide within the first 20 years of reaching the atmosphere; WHEREAS, the drought in 2015, exacerbated by climate change, cost the agriculture industry in the Central Valley approximately $2.7B and 20,000 jobs; WHEREAS, recovering edible food is critical in that 1 in 9 Californians are food insecure, and that unrecovered food becomes an organic waste product; WHEREAS, regulatory compliance will require the City, its waste hauler and the MRWMD to establish new or increase existing waste diversion programs to comply with state regulations;
WHEREAS, Public Resources Code sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (CalRecycle) to administer various grant programs (grants) in furtherance of the State of California’s (state) efforts to reduce, recycle and reuse solid waste generated in the state thereby preserving landfill capacity and protecting public health and safety and the environment;
WHEREAS, in furtherance of this authority CalRecycle is required to establish procedures governing the application, awarding, and management of the grants; WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities Council Special Meeting, 1/26/2022, Item No. 1., Item Page 3, Packet Page 5 2 excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.
Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Council amends Resolution 22-004 to authorize the submittal of an application to CalRecycle for the SB 1383 Local Assistance Grant Program for FY 2021-2022 either individually or jointly with the MRWMD or other local agencies; and BE IT FURTHER RESOLVED that the City Manager, or his/her designee is hereby authorized and empowered to execute in the name of the City all grant documents, including but not limited to, applications, agreements, amendments and requests for payment, necessary to secure grant funds and implement the approved grant project; and PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
APPROVED:
ATTEST:
Mayor of said City
City Clerk thereof
Council Special Meeting, 1/26/2022, Item No. 1., Item Page 4, Packet Page 6