Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, July 19, 2022
4:00 PM – 5:30 PM
7:00 PM – 11:00 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, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both inperson 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 [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:
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://montereyorg.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 #
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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 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)
7/19/2022 4:00:00 PM
3 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).))
7/19/2022 4:00:00 PM
4 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. 7/19/2022 4:00:00 PM
5 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
7/19/2022 4:00:00 PM
6 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: [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 communicationrelated 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