Agenda packet — Monterey City Council, August 2, 2022

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, August 2, 2022
4:00 PM – 6:00 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):
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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 ONLY ***
4:00 - 6:00 p.m.

CALL TO ORDER

PLEDGE OF ALLEGIANCE
8/2/2022 4:00:00 PM
2 PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per 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

2. June 21, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

3. June 29, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

4. July 19, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

5. July 27, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
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. 3rd 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)
8/2/2022 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 the Finance Director to Appropriate $736,917.49 for Unscheduled Maintenance Project Budgets and Appropriate Additional Project Budgets, Not Exceeding $350,000 Individually, Through June 30, 2023 Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub.

Resources Code, § 21080, subd. (b)(1)))

8. Authorize the City Manager to Enter into Agreements to Provide Vehicle Maintenance Services for the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District and Monterey Peninsula Water Management District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

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 City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 1506)

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.
*** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

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." 8/2/2022 4:00:00 PM
4 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 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Ashley Sanks, Administrative Clerk
SUBJECT: Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
VALUE DRIVER:

Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

DESCRIPTION:

The Defense Language Institute, Foreign Language Center (DLIFLC), located in the U.S. Army Garrison Presidio of Monterey, trains military service members in all military branches. DLIFLC conducts a protocol known as the Joint Enlisted Board (JEB) each quarter to assess the motivation, knowledge, and ability to go above and beyond that of the average Soldier, Marine, Sailor, and Airman.

Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.

As part of the City of Monterey’s longstanding relationship with the DLIFLC and Presidio of Monterey, the City Council frequently recognizes and honors these dedicated award recipients.

The Mayor and City Council will recognize the winners of the third DLIFLC Quarterly Joint Service Awards at its meeting on August 02, 2022.
 Sergeant Conor O' Dea from the U.S. Marine Corps
 Staff Sergeant Alan-Michael Sandlin from the U.S. Air Force  Lance Corporal Garrett Ball from the U.S. Marine Corps

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 Date: 8/2/2022
Item No.: 1.

Council Regular Meeting, 8/2/2022, Item No. 1., Item Page 1, Packet Page 5 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.

Attachment: 1. Proclamations
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 Regular Meeting, 8/2/2022, Item No. 1., Item Page 2, Packet Page 6 Office of the Mayor
Monterey, California 93940
Proclamation Honoring
Clyde Roberson
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Sergeant Conor O'Dea
WHEREAS, the Defense Language Institute Foreign Language Center (D LIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Peth; Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Sergeant Conor O'Dea, has demonstrated extraordinan; personal abilities, leadership skills, and knowledge of the history of the Presidio of Monterey and D LIFLC, Chain of Command, World Events, · Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of Militan; Justice, Military Leadership, and the Armed Forces Insignia; and, WHEREAS, the Monterey CommunihJ is proud of the Countn/ s service members as well as its outstanding relationship with DLIFLC.

NOW, THEREFORE, BE IT PROCLAIMED that I, Clyde Roberson, Mayor of the CihJ of Monterey, on behalf of our CihJ Council and citizens, hereby recognize Sergeant Conor O'Dea, United States Marine Corps, for a job well done, and thank him for his continuing contributions to the Armed Services and to our Nation.

August 2, 2022
Council Regular Meeting, 8/2/2022, Item No. 1., Item Page 3, Packet Page 7 Office of the Mayor
Monterey, California 93940
Proclamation Honoring
Clyde Roberson
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Staff Sergeant Alan-Michael Sandlin
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Peth} Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Staff Sergeant Alan-Michael Sandlin, has demonstrated extraordinanJ personal abilities, leadership skills, and knowledge of the histonJ of the Presidio of Monterey and D LIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of MilitanJ Justice, MilitanJ Leadership, and the Armed Forces Insignia; and,
WHEREAS, the Monterey CommunihJ is proud of the Country's service members as well as its outstanding relationship with DLIFLC.

NOW, THEREFORE, BE IT PROCLAIMED that I, Clyde Roberson, Mayor of the CihJ of Monterey, on behalf of our CihJ Council and citizens, hereby recognize Staff Sergeant Alan-Michael Sandlin, United States Air Force, for a job well done, and thank him for his continuing contributions to the Armed Services and to our Nation.

August 2, 2022
Clyde Roberson, Mayor
Council Regular Meeting, 8/2/2022, Item No. 1., Item Page 4, Packet Page 8 Office of the Mayor
Monterey, California 93940
Procla1nation Honoring
Clyde Roberson
The Defense Language Institute Foreign Language Center's Quarterly Joint Service Award Recipient
Lance Corporal Garrett Ball
WHEREAS, the Defense Language Institute Foreign Language Center (DLIFLC) has established the Quarterly Joint Service Noncommissioned Officer/Peth) Officer and Junior Enlisted Board; and,
WHEREAS, as a recipient of the Board award, Lance Corporal Gan'ett Ball, has demonstrated extraordinanJ personal abilities, leadership sl,ills, and knowledge of the histonJ of the Presidio of Monterey and DLIFLC, Chain of Command, World Events, Customs and Courtesies, First Aid, Code of Conduct, Uniform Code of MilitanJ Justice, MilitanJ Leadership, and the Armed Forces Insignia; and, WHEREAS, the Monterey CommunihJ is proud of the Countn1's service members as well as its outstanding relationship with DLIFLC.

NOW, THEREFORE, BE IT PROCLAIMED that I, Clyde Roberson, Mayor of the CihJ of Monterey, on behalf of our CihJ Council and citizens, hereby recognize Lance Corporal Garrett Ball, United States Marine Corps, for a job well done, and thank him for his continuing contributions to the Armed Services and to our Nation.

August 2, 2022 ��
Clyde Roberson, Mayor
Council Regular Meeting, 8/2/2022, Item No. 1., Item Page 5, Packet Page 9

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, June 21, 2022
4:00 PM 7:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present:

Albert*, Haffa (absent during afternoon session)*, Smith*, Williamson**, Roberson*

Absent: None
* Attended remotely by teleconference
** Attended in person for afternoon session and remotely by teleconference for evening session
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Finance Director, Parks and Recreation Director, Public Works Director, Property Manager, Parking Administrator, Administrative Assistant (City Clerk’s Office), Intern (City Manager’s Office), Police Lieutenant
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. 22-063 C.S.
***Afternoon Session Agenda ***

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:01 p.m. Administrative Assistant Tulett explained to the public how to participate in the meeting virtually and the safety rules for inperson attendance. She called the roll with the Council’s attendance as highlighted above.

Councilmember Haffa was absent for the afternoon session, and in attendance remotely by teleconference for the evening session.

Note: All votes taken during this meeting were brought back to Council for ratification at the June 29, 2022 special meeting due to the accessibility issue that became apparent in the evening session of this June 21, 2022 regular meeting (see Item 23).

PUBLIC COMMENT
Public comment on non-agendized matters was received from Janine Chicourrat and Eloise Shim. On question, Mayor Roberson confirmed that the Council held public first and second readings of Ordinance No. 3649 C.S. (military equipment) prior to its adoption.

CONSENT ITEMS
Mayor Roberson noted a request from the public to pull Items 6 and 11 from Consent. Mayor Roberson also noted a request by staff that Item 7 be pulled from Consent and postponed.

On a motion by Mayor Roberson, seconded by Councilmember Williamson, the City Council made the following roll-call vote to approve the CONSENT ITEMS, excluding item 6, 7 and 11:

Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 1, Packet Page 10 6/21/2022 4:00:00 PM
2 ORDINANCES

1. 1st 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: Council’s vote to pass ordinance to print was ratified at the June 29, 2022 special meeting

2. 2nd Reading of Ordinance to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Council’s vote to adopt Ordinance No. 3652 C.S. was ratified at the June 29, 2022 special meeting

RESOLUTIONS

3. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period July 9, 2022 through July 21, 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: Council’s vote to adopt Resolution No. 22-074 C.S. was ratified at the June 29, 2022 special meeting

4. Authorize Professional Services Agreements with Michael Baker International Inc. for a Not to Exceed Amount of $200,000, To Provide On-Call Housing Program Consultant Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Councils’ vote to adopt Resolution No. 22-075 C.S. was ratified at the June 29, 2022 special meeting

5. Ratify Payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project NIP2013 (Exempt from CEQA Article 19, Section 15301, Class 1) ***NCIP*** Action: Council’s vote to adopt Resolution No. 22-076 C.S. was ratified at the June 29, 2022 special meeting

6. Amend and Restate Resolution 22-024, the Master Fee Schedule, to Amend the City Clerk, Harbor, Library/Museums, Parking, and Cemetery Division Fee Schedules (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Item pulled from Consent; Council’s vote to adopt Resolution No. 22-077 C.S. was ratified at the June 29, 2022 special meeting
City Manager Uslar gave a brief verbal presentation summarizing the annual update to the Master Fee Schedule.

Public comment was received from Tom Rowley, member of the Neighborhood and Community Improvement Program (NCIP) Committee, who offered specific comments relating to the fees associated with the RV Parking Facilities and how the rates will be increased per the Consumer Price Index (CPI), expressing affordability concerns.

City Manager Uslar further explained the history of the RV Parking Facility fees and facility improvements and supported the staff recommendation in the Master Fee Schedule. Parks and Recreation Director Larson confirmed the research behind the recommendation by staff to use the CPI to appropriately adjust fees, and confirmed the current occupancy was full and the existence of a waiting list.

Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 2, Packet Page 11 6/21/2022 4:00:00 PM
3 On a motion by Councilmember Smith, seconded by Councilmember Albert, the City Council made the following roll-call vote to approve CONSENT ITEM 6:

AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Haffa
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None

7. 8.

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: Item pulled from Consent; Postponed to future meeting; Award a Contract in the Amount of $105,654.40 to Ampersand Contract Signing Group for the Wayfinding Sign Fabrication, Phase 2 Project ***CIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council’s vote to adopt Resolution No. 22-079 C.S. was ratified at the June 29, 2022 special meeting

9. Adopt a Resolution to Appropriate Grant and Bookmobile Reserve Funds and Authorize the Purchase of One (1) 2022 Mercedes Sprinter Van Bookmobile in the Amount of $213,721 Through a Contract with Farber Specialty Vehicles (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Council’s vote to adopt Resolution No. 22-080 C.S. was ratified at the June 29, 2022 special meeting

10. Appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account (Exempt from CEQA, Article 19, Section 15331, Class 31) ***NCIP***
Action: Council’s vote to adopt Resolution No. 22-081 C.S. was ratified at the June 29, 2022 special meeting

11. Appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Fishermen’s Flats Traffic Calming Plan Project Account (Exempt from CEQA, Article 19, Section 15306, Class 6) ***NCIP*** Action: Item pulled from Consent; Council’s vote to adopt Resolution No. 22-082 C.S. was ratified at the June 29, 2022 special meeting
Mayor confirmed that the Neighborhood and Community Improvement Program (NCIP) Committee did approve the project in June, and went directly to public comment.

Public comment was received from Tom Rowley, member of the NCIP Committee, who offered appreciation for the traffic calming study and stated there was a scheduled discussion of the proposed traffic study plans in conjunction with a planned candidate’s forum to be held in September.

On a motion by Mayor Roberson, seconded by Councilmember Albert, the City Council made the following roll-call vote to approve CONSENT ITEM 11:

AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Haffa
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None
Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 3, Packet Page 12 6/21/2022 4:00:00 PM
4 12. Appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection Project Account (Exempt from CEQA, Article 19, Section 15301, Class 1) ***NCIP*** Action: Council’s vote to adopt Resolution No. 22-083 C.S. was ratified at the June 29, 2022 special meeting

13. Repeal Resolutions 14,037; 14,038; and 14,056 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 300 David Avenue Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Council’s vote to adopt Resolution No. 22-084 C.S. was ratified at the June 29, 2022 special meeting

14. Repeal Resolutions 82-4 and 82-5 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Ave Monterey Effective July 1, 2022 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Council’s vote to adopt Resolution No. 22-085 C.S. was ratified at the June 29, 2022 special meeting
Other

15. Appoint Agency Negotiators for 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: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting

16. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8: Property: Approximately 256 Square Feet Located in the Wharf II Warehouse; 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: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting

17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 700 Cannery Row; Agency Negotiators:

Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting

18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 720 Cannery Row; Agency Negotiators:

Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions for Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 4, Packet Page 13 6/21/2022 4:00:00 PM
5 Action: Council’s vote to appoint negotiators Cole and Aldrete was ratified at the June 29, 2022 special meeting

19. Receive Mayor’s Recommendation and Appoint Justin Ono to the Parks and Recreation Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
Action: Council’s vote to appoint Justin Ono to the Parks and Recreation Committee, term ending date June 30, 2024, was ratified at the June 29, 2022 special meeting *** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda

20. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Report received at the June 29, 2022 special meeting

PUBLIC APPEARANCE

21. 1st Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale and/or Distribution of all Flavored Tobacco Products (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Council voted to pass to print as written and directed staff to return with clarifications relating to cultural use of hookah and flavored tobacco; Ratification of this vote was considered at special meeting of June 29, 2022 City Manager Uslar provided a brief verbal background and overview of the draft ordinance and introduced Brianna Kennedy, Intern with the City Manager’s Office, who gave the presentation and answered Councilmembers’ questions on the matter of shisha tobacco and hookah lounges.

Mayor Roberson opened public comments. Michelle House, Monterey County Health Department and Monterey County Tobacco Control Program; Kendra Howe, Salinas Valley Memorial Healthcare System and Policy Lead for the Blue Zones Project Monterey County; Ashley Wailey, SunStreet Centers on behalf of their youth group, Safe Teams Empowerment Project (STEPS); and Sheila Phan, Breathe California; all spoke in favor of the ordinance. Anne Wheelis, of California State Advocacy Committee of the American Heart Association, Monterey County Collaborates, and Monterey County Tobacco Control Coalition, spoke in favor of the proposed ordinance and encouraged the Council to strengthen the ordinance to include flavored e-cigarettes, including single-use/non-refillable e-cigarette products.

Rima Khoury and Thomas Lawton, of hookah manufacturer Fumari and the National Hookah Community Association, spoke on the history of the hookah cultural tradition and stated that banning hookah tobacco will not achieve the end goal of protecting youth.

Niamh asked Council to reconsider the ordinance to include an exemption for hookah.

Jayna K, local hookah bar owner, stated that only those 21 and over are allowed, and asked Council to exempt hookah and shisha from the ordinance. With no further requests to speak, Mayor Roberson closed public comment, with the exception of Jayna K, whose call was lost.

The Council asked questions of Michelle House, Monterey County Health Department and Monterey County Tobacco Control Program, who confirmed the County’s ordinance included all flavored tobacco, including that used with hookah. Staff clarified the existence of a local hookah business thatprovides both tobacco and hookah services for use on site, Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 5, Packet Page 14 6/21/2022 4:00:00 PM
6 and Council asked staff whether any other local businesses may sell flavored tobacco for cultural use that may be outside of the city and accessible.

Jayna K., local hookah bar owner, rejoined to wrap up public comment, indicating that the business also has a tobacco license and does sell small amounts of shisha for patrons to enjoy at home. She also reiterated her businesses vigilance about ensuring patrons are 21 and over.

Mayor Roberson closed public comment.

Council requested staff return with additional information for the second reading regarding the ordinance and whether or not it includes local businesses and a complete ban on hookah or just the sale of flavored tobacco, and confirmed support for the staff recommendation that supports protecting the health of youth in Monterey.

On a motion by Councilmember Smith, seconded by Councilmember Williamson, the City Council made the following roll-call vote to pass the ordinance to print as written and direct staff to return with clarifications relating to cultural use of hookah and flavored tobacco:

AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None
ABSENT: 1 COUNCILMEMBERS: Haffa
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 0 COUNCILMEMBERS: None

22. Adopt Automated License Plate Recognition Policy for Use in Parking Operations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Council vote to adopt the policy was ratified at the June 29, 2022 special meeting
Parking Superintendent Steffy gave the staff presentation and answered Councilmembers’ questions. City Attorney Davi provided clarification relating to the retention of data, and Mr.

Russell Robinson, representative of Vigilent/Motorola Solutions, was available for questions.

Public comment was received from: Eloise Shim, who asked questions about the continued manual chalking of tires, the accuracy of the technology, and the public benefit, and Bob Faulis, who had questions about privacy issues. City Attorney Davi provided clarification on retention and access to non-evidentiary data, Parking Superintendent Steffy clarified the new system would replace the current manual chalking method, and Mr. Robinson answered questions about the review and accuracy of data. Mayor Roberson closed public comment.

On a motion by Councilmember Smith, seconded by Councilmember Albert, the City Council made the following roll-call vote to adopt the policy:

AYES: 4 COUNCILMEMBERS: Albert, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Haffa
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 6, Packet Page 15 6/21/2022 4:00:00 PM
7 RECESS
The Council recessed at 5:18 p.m.

RECONVENE
The Council reconvened at 7:07 p.m. Administrative Assistant Tulett explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with the full Council present by teleconference. *** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Tom Fitzpatrick, Lukas Sherman, and Blake Svoboda from the Monterey Amberjacks professional baseball team.

ANNOUNCEMENTS FROM CLOSED SESSION
None made - Closed session meeting not held, and agendized closed session items to be scheduled for the June 29, 2022, closed session.

PUBLIC APPEARANCE (EVE)

23. Adopt the FY2022/23 Operating Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Item heard, novote taken
City Manager Uslar and Finance Director King made the staff presentation. Finance Director King answered questions from Council on the proposed budget and stated she would provide additional clarifications, alternatives and budget forecasts at the next meeting. Library & Museums Director Waite answered Councilmembers’ questions relating to the cost of changing certain positions from part-time to full-time positions at the Library and Museums.

Public comment was received from: Mike Sovereign, member of the Museum and Cultural Arts Commission, spoke in favor of the budget, specifically the highlight of the City’s Museums, but also offered concern for the lack of funding for and filling of steady positions to support museum operations; Eloise Shim, who spoke about the lack of funding specific for housing and proposed funding for staff positions, suggesting alternatives for the monies; Rob O’Keefe, Monterey County Convention and Visitors Bureau (MCCVB), who gave comments about budget forecasts and the relationships of the hospitality and local business industries are to the City; Esther Malkin, Del Monte Grove-Laguna Grande Neighborhood Association, who concurred with prior comments relating to funding housing issues in the City and offered comments and concerns relating to the NCIP funds; Bob Evans, member of the Museum and Cultural Arts Commission, who echoed the previous comments made relating to museum staffing and the hospitality industry, specifically suggesting the City have a visitor’s center; and Wendy Brickman, representing the North Fremont Business District and the Fisherman’s Wharf Association, who spoke in support of adding back funding and reimbursements for the local business districts who contribute to the City’s sales tax revenue.

At the end of the budget presentation, it became known that there was an error on the agenda relating to public access to the telephone-in portion of the teleconference, which made it difficult or potentially prevented some members of the public from calling by Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 7, Packet Page 16 6/21/2022 4:00:00 PM
8 telephone to participate in the meeting. After discussion and with direction from the City Attorney, it was determined to adjourn the meeting, take no actions on the remaining agenda item, and reschedule to the special meeting to be held on Wednesday, June 29, 2022, when the Council may ratify all votes and actions taken on Tuesday, June 21, 2022 and take action on agenda items 23 and 24.

24. Calling a General Municipal Election for November 8, 2022 and Proposing a General Business License Tax on Commercial Cannabis Activity (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: Item not heard

COUNCIL COMMENTS
None made.

CITY MANAGER REPORTS
None made.

ADJOURNMENT
The Council adjourned at 8:45 p.m.

Respectfully Submitted, Approved,
Linda Tulett Clyde Roberson
Administrative Assistant, City Clerk’s Office Mayor
Council Regular Meeting, 8/2/2022, Item No. 2., Item Page 8, Packet Page 17

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, June 29, 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

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Library Director, Human Resources Director, City Clerk, Property Manager, Traffic Engineer, Sports Center Manager, Interim Harbormaster, Administrative Analyst (Housing), Intern (City Manager's Office), Senior Administrative Analyst
* Attended in-person in the afternoon and remotely by teleconference in the evening ** Attended remotely by teleconference for the full meeting 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. 22-063 C.S.

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance.

She called the roll with Councilmembers Albert and Haffa and Mayor Roberson present by teleconference, and Councilmember Williamson present in the Chamber, and Councilmember Smith absent. Mayor Roberson noted that Councilmember Smith would be present in the evening session.

CONSENT ITEMS
Item 2 was pulled from Consent based on the level of interest from the public indicating they would speak on the matter.

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 approved the CONSENT ITEMS except Item 2:

AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Smith
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Date: 8/2/2022
Item No.: 3.

Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 1, Packet Page 18 City Council Minutes June 29, 2022
2 Other

1. Ratify City Council Vote on the Consent Agenda of June 21, 2022 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Ratified the Council's votes on the Consent Items of the June 21, 2022 regular City Council meeting (4-0-1, Councilmember Smith absent), resulting in the following actions:

1. 1st Reading of an Omnibus Ordinance to Make Clerical/Technical Updates to the City Code Passed Ordinance to Print

2. 2nd Reading of Ordinance to Add Monterey City Code Section 22-26.6 to Prohibit Sitting or Lying Down on the Floor Inside Public Restrooms
Adopted Ordinance No. 3652 C.S.

3. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period July 9, 2022 through July 21, 2022 Pursuant to AB361 Ralph M.

Brown Act Provisions
Adopted Resolution No. 22-074 C.S.

5. Ratify Payment to Precision Grade, Inc. for the David/Spencer Curb Extensions Project NIP2013
Adopted Resolution No. 22-076 C.S.

6. Amend and Restate Resolution 22-024, the Master Fee Schedule, to Amend the City Clerk, Harbor, Library/Museums, Parking, and Cemetery Division Fee Schedules Adopted Resolution No. 22-077 C.S.

7. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes
Adopted Resolution No. 22-078 C.S.

8. Award a Contract in the Amount of $105,654.40 to Ampersand Contract Signing Group for the Wayfinding Sign Fabrication, Phase 2 Project ***CIP*** Adopted Resolution No. 22-079 C.S.

10. Appropriate $27,000.00 from the Neighborhood and Community Improvement Program Ending Balance Account to the Aeneas Bridge Restoration Project Account Adopted Resolution No. 22-081 C.S.

11. Appropriate $10,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Fishermen’s Flats Traffic Calming Plan Project Account Adopted Resolution No. 22-082 C.S.

12. Appropriate $118,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the Pearl/Figueroa Street Intersection Project Account Adopted Resolution No. 22-083 C.S.

14. Repeal Resolutions 82-4 and 82-5 Effective June 30, 2022 and Terminate Revenue Sharing with the City of Pacific Grove for 902 Lighthouse Ave Monterey Effective July 1, 2022 Adopted Resolution No. 22-085 C.S.

15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators:

Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 2, Packet Page 19 City Council Minutes June 29, 2022
3 Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); Under Negotiation: Terms and Conditions for Lease Amendment Appointed negotiators Cole and Aldrete

17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 700 Cannery Row; Agency Negotiators:

Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Price and Terms of Payment for Lease Extension Appointed negotiators Cole and Aldrete

18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 720 Cannery Row; Agency Negotiators:

Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions for Lease Extension Appointed negotiators Cole and Aldrete

19. Receive Mayor’s Recommendation and Appoint Justin Ono to the Parks and Recreation Committee
Appointed Justin Ono to the Parks and Recreation Committee to fill an expired term ending June 30, 2024

2. Ratify City Council Vote of June 21, 2022 Approving 1st Reading - Amend Chapter 19 of the Monterey City Code (Licenses, Fees, and Charges) to Prohibit the Sale of all Flavored Tobacco Products (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Pulled from consent, Passed ordinance to print with an exemption for hookah, Directed staff to bring to Council further information on the matter of hookah (4-0-1, Councilmember Smith absent)
Public comment was received from: Hayley Hodges, National Association of Tobacco Outlets, who urged Council to align with County's rules; Thomas Lawton, National Hookah Community Association, who urged the importance of understanding hookah usage before passing a law that he said would affect minority populations; Rima S. Khoury, Fumari, National Hookah Community Association, who asked City Council to mirror SB 793 and exempt hookah; Niamh, who urged the exemption of hookah lounges, citing cultural reasons; Chris Hudgins, producer of hookah tobacco, citing youth use of hookah as not a concern; Sean Radwan, Nor Cal Smoke Shop, who said that the proposed ban is a civil liberties issue and that adults should have the right to consume what they want; Jayna Kirsch and Charles Steps, Indian Summer, who asked that hookah be removed from the proposed ban, citing culture and tradition; and Elouise Shim, who stated that substances harmful to human health are looked down on in the Muslim religion and asked the Council to uphold their prior vote.

A motion was introduced by Councilmember Williamson, and seconded by Councilmember Haffa, to pass the ordinance to print with an exemption for hookah, and direct staff to bring to Council further information on the matter of hookah.

City Attorney Davi and City Manager's Office Intern Kennedy answered Councilmembers' questions.

Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 3, Packet Page 20 City Council Minutes June 29, 2022
4 A concern was shared by the Council that fairness is a concern when it comes to making decisions that affect businesses. It was stated that the motion can be supported but that some members of the Council will still need to be convinced regarding retail sales of hookah.

The motion carried by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 1 COUNCILMEMBERS: Smith
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

3. Ratify City Council Vote of June 21, 2022 Adopting Automated License Plate Recognition Policy for Use in Parking Operations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Ratified the Council's vote of the June 21, 2022 regular Council meeting, adopting the policy (4-0-1, Councilmember Smith absent)

4. Appoint Contract Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations with the City Manager and City Attorney (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061).

Action: Appointed Che Johnson as contract labor negotiator (4-0-1, Councilmember Smith absent)
***End of Consent Agenda***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda

5. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report
Public comment was not received.
***Adjourn to City Council Meeting***

STUDY SESSION

6. Receive Presentation on Reinvesting in the Monterey Sports Center: Emerging Trends and the Pending Sports Center Operational Assessment (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation
Parks and Recreation Director Larson and Sports Center Manager Willer gave the staff presentation together with Evan Eleff, Sports Facilities Companies. They answered Councilmembers' questions and discussion points included whether the facility should offer physical therapy, and whether medical insurance can be billed for services. Public comment was not received.

RECESS 5:30 p.m.

Council recessed at 5:33 p.m.

Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 4, Packet Page 21 City Council Minutes June 29, 2022
5 RECONVENE
*** Evening Session Agenda ***
The Council reconvened at 7:00 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 that the full Council was present, all via teleconference. He said that there were no announcements from closed session as the Council had not held closed session in the afternoon.

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

PUBLIC APPEARANCE (EVE)

7. Adopt the FY2022/23 Operating Budget (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-086 C.S. (unanimous), as amended to fund business associations at 50% (4-1, Councilmember Albert voting no) City Manager Uslar and Finance Director King gave a brief presentation. City Manager Uslar explained that they had presented the budget more thoroughly on June 21, 2022. He shared with the Council that there would be an additional CERT funding of $7,500 thanks to a generous contribution from the City of Pacific Grove. Finance Director King said that a Senior Administrative Analyst in Public Works was inadvertently left out of the prior version of the proposed Position Control List and had been added back in.

Public comment was received from: Rob O'Keefe, Monterey County Convention and Visitors Bureau, and Marc Kelley and Mark Watson, Monterey County Hospitality Association, who all spoke about the hospitality industry's impact and urged investment in destination marketing; Elouise Shim, who stressed the need for transparency regarding data collected by license plate reading technology; Rick Johnson, New Monterey Business Association, who urged the Council to continue the grant of $10,500 for one more year so that the association can legally remove the existing cap; and DeAnn Brady, Cannery Row Business Association, who spoke about the impact of business districts on the City.

The Council discussed the matter of funding business districts and it was suggested to fund them at 50% for this budget as a compromise. It was stated that the City needs to support small businesses and hospitality.

A motion was introduced by Councilmember Smith, and seconded by Mayor Roberson, to amend the budget to fund business associations at 50%.

The Council discussed the motion. The mover clarified that it is intended as a one-time, transitional item. In disagreement with the motion, it was stated that the City works together with businesses to achieve needed revenues, that promoting businesses enhances revenues, and that the City should support business districts fully.

The motion to fund business associations at 50% carried by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Haffa, Smith, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Albert
Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 5, Packet Page 22 City Council Minutes June 29, 2022
6 ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
It was remarked that the Neighborhood and Community Improvement Program (NCIP) Committee had agreed to finance some capital improvement projects including the Monterey Sports Center dehumidifier. Appreciation was expressed by the Council to City staff and the NCIP Committee. It was stated that the Council will need to be diligent going forward.

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 the resolution, as amended by the prior motion:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

8. Calling a General Municipal Election for November 8, 2022 and Proposing a General Business License Tax on Commercial Cannabis Activity (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. 22-087 C.S. (5-0 to call and consolidate the election for Mayor and Council seats) with the measure amended to propose a retail tax of 4% (up to 8% with Council approval), testing lab tax of 1% (up to 2% with Council approval), and a tax on other cannabis businesses of 2% (up to 6% with Council approval) (4-1 regarding the cannabis business license tax measure, with Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation. He and City Attorney Davi answered Councilmembers' questions.

Public comment was received from Elouise Shim, who stated that it is not clear that residents and businesses want cannabis business in the City.

The Council explained that not putting the measure on the ballot could risk the City missing out on revenues in between elections if retail cannabis is approved.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved Calling a General Municipal Election for November 8, 2022 for an at-large Mayor and one Councilmember each for Districts 1 and 2:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
A motion was introduced by Councilmember Haffa, and seconded by Councilmember Williamson, to approve a ballot measure proposing a General Business License Tax on Commercial Cannabis Activity for the November 8, 2022 ballot, with a retail tax of 4% (up to 8% Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 6, Packet Page 23 City Council Minutes June 29, 2022
7 with Council approval), testing lab tax of 1% (up to 2% with Council approval), and a tax on other cannabis businesses of 2% (up to 6% with Council approval).

Comment was made by Council against the measure, citing concerns about quality of life and hazards associated with cannabis.

The motion carried by the following roll-call vote:

AYES: 4 COUNCILMEMBERS: Albert, Haffa, Williamson, Roberson NOES: 1 COUNCILMEMBERS: Smith
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** Adjourn to Closed Session ***
Public comment was received on the closed session (during the afternoon session) from Robbie Torrise, who spoke in favor of the proposed lease amendment, stating he is waiting for permission to install a freezer.

The Council adjourned to closed session at 8:50 p.m.

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: Not heard
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: Not heard
cs3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Regarding PLMA and MPA: On a unanimous roll-call vote, the Council approved successor labor agreements for Monterey Police Association (MPA) and Police Lieutenants’ Management Association (PLMA) with two year terms from July 1, 2022 to June 30, 2024 which included wage and benefit increases of 4% salary increases effective July 1, 2022, 4% salary increases effective July 1, 2023, retention pay of up to Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 7, Packet Page 24 City Council Minutes June 29, 2022
8 $550 per month depending on eligibility, and uniform allowance increases; Regarding Management Employees' Association (MEA): Confidential direction to labor negotiator on unanimous roll call vote; Regarding the other listed groups: No reportable action taken

ADJOURNMENT
The Council adjourned at 9:31 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 8/2/2022, Item No. 3., Item Page 8, Packet Page 25

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

Present:

City Manager, Assistant City Manager, City Attorney, Community 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.

Date: 8/2/2022
Item No.: 4.

Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 1, Packet Page 26 City Council Minutes July 19, 2022
2 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:

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.

Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 2, Packet Page 27 City Council Minutes July 19, 2022
3 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.

Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 3, Packet Page 28 City Council Minutes July 19, 2022
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)
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)
Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 4, Packet Page 29 City Council Minutes July 19, 2022
5 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 Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 5, Packet Page 30 City Council Minutes July 19, 2022
6 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.

Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 6, Packet Page 31 City Council Minutes July 19, 2022
7 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.

Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 7, Packet Page 32 City Council Minutes July 19, 2022
8 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 Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 8, Packet Page 33 City Council Minutes July 19, 2022
9 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) *** Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 9, Packet Page 34 City Council Minutes July 19, 2022
10 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
Council Regular Meeting, 8/2/2022, Item No. 4., Item Page 10, Packet Page 35

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, July 27, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present: Albert*, Haffa*, Smith*, Williamson (arrived at 4:05 p.m.)

Absent: Roberson
City Staff

Present:

City Manager, Assistant City Manager, Community Development Director, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Traffic Engineer, Assistant City Attorney * Attended remotely by teleconference
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. 22-089 C.S.

CALL TO ORDER
Vice Mayor Smith called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with Councilmembers Albert, Haffa, and Smith present by teleconference. Councilmember Williamson arrived in the Council Chamber at 4:05 p.m.

PLEDGE OF ALLEGIANCE
Councilmember Albert led the Pledge.

STUDY SESSION

1. Receive Presentation on “Mutually Monterey: A Unified Governance Model for the City of Monterey” (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation
Assistant City Manager Rojanasathira gave the staff presentation. Following extensive discussion with the City Council, which he documented, Assistant City Manager Rojanasathira read a document outlining proposed principles of unified governance, and finished the staff presentation.

The Council provided feedback to staff, stressing the need for the Mayor, as an at-large position, to provide leadership for the Council. Concepts and concerns discussed included what would be appropriate guidelines for district-focused events; the potential to appoint board, committee, and commission members on a district basis; and appropriate communications with residents outside an elected official’s own district.

Public comment was received from: Esther Malkin, who stressed the need for inclusivity with regard to a majority of residents being renters; Kent Glenzer, who remarked that Council and staff’s comments during the meeting sounded fearful about the potential for new voices; Jean Date: 8/2/2022
Item No.: 5.

Council Regular Meeting, 8/2/2022, Item No. 5., Item Page 1, Packet Page 36 City Council Minutes July 27, 2022
2 Rasch, who stated that the "Monterey Way" concept felt coercive and that the Council needs stronger, more urgent future-looking voices; and Robert Brunson, who said that City resources should be available for City business even when it happens to fall within the boundaries of a district.

The Council asked staff to take the input received from both Council and the public, modify the proposed principles, and bring the concept back for a second Council study session.

ADJOURNMENT
The Council adjourned at 5:47 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 8/2/2022, Item No. 5., Item Page 2, Packet Page 37 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AMEND CHAPTER 19, ARTICLE 5 OF THE MONTEREY CITY CODE (TOBACCO RETAILER

LICENSE) TO PROHIBIT THE SALE OF ALL FLAVORED TOBACCO PRODUCTS AND TO

PROHIBIT SINGLE USE ELECTRONIC SMOKING PRODUCTS, EXEMPTING FLAVORED SHISHA TOBACCO PRODUCTS SOLD AT 220 OLIVIER STREET, MONTEREY, FOR

ON-SITE USE
THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, state law prohibits the sale or furnishing of cigarettes, tobacco products, and smoking paraphernalia to minors, as well as the purchase, receipt, or possession of tobacco products by minors (Cal. Pen. Code § 308);
WHEREAS, state law explicitly permits cities and counties to enact local tobacco retail permitting ordinances and allows for the suspension or revocation of a local permit for a violation of any state tobacco control law (Cal. Bus. & Prof. Code § 22971.3); WHEREAS, in 2014 the Monterey City Council enacted Monterey City Code section 19- 105 et seq. to establish a permitting system for tobacco retailers to ensure that retailers comply with tobacco control laws and business standards of the City to protect the public health, safety, and welfare of the residents of the City. Prohibiting the sale of flavored tobacco products also furthers these goals and objectives;
WHEREAS, prohibiting tobacco retailers from selling flavored tobacco products will not unduly burden legitimate business activities of retailers who sell cigarettes or other tobacco products to adults. It will, however, allow the City to regulate the operation of lawful business to discourage violations of local laws by selling flavored tobacco products; WHEREAS, the City has a substantial interest in promoting compliance with federal, state, and local laws intended to regulate flavored tobacco product sales and use; in discouraging the illegal purchase of flavored tobacco products by minors; in promoting compliance with laws prohibiting sales of e-cigarettes and flavored tobacco products to minors; and finally, and most importantly, in protecting children from being lured into illegal activity through the misconduct of adults;
WHEREAS, Senate Bill 793, approved by the Governor in August 2020, prohibits a tobacco retailer from selling flavored tobacco products. A referendum challenging this law qualified for the November 8, 2022 ballot. Therefore, the new state law is suspended until the outcome of the vote on the referendum. If the referendum is not successful, Health & Safety Code section 104559.5(g) provides that the state law does not preempt or otherwise prohibit the adoption of local standards that impose greater restrictions on the access to tobacco products than the restrictions imposed by the state. To the extent that there is an inconsistency between the state law and local standards, the greater restriction on the access to tobacco products in the local Date: 8/2/2022
Item No.: 6.

Council Regular Meeting, 8/2/2022, Item No. 6., Item Page 1, Packet Page 38 2 standard shall prevail;
WHEREAS, in a ruling issued on March 18, 2022, the Ninth Circuit Court of Appeals in R.J. Reynolds Tobacco Company et al v. County of Los Angeles, et al (9th Cir. 2022) 29 F.4th 542 held that the Family Smoking Prevention and Tobacco Control Act, codified at 21 USC §387 et seq., did not preempt a city from banning the sale of some or all tobacco products; WHEREAS, more than 5.2 million young people in the United States reported vape use in 2019, including 27.5% of high school students and 10.5% of middle school students (CDC); WHEREAS, 24% of high school students have reported trying vape products in California from 2019-2020 (California Student Tobacco Survey);
WHEREAS, 27.3% of high school students in the Monterey County area have tried or currently use vape products as of 2020 (California Student Tobacco Survey); WHEREAS, disposable e-cigarette use, which are designed for one time-use, has increased 1000% among high school students in the United States between 2019 and 2020 (FDA);
WHEREAS, e-cigarette waste introduces plastic, nicotine salts, heavy metals, lead, mercury, and flammable lithium-ion batteries into waterways, soil, and to wildlife (CDC); WHEREAS, a garbology study performed in 12 San Francisco high schools from 2018 to 2019 to investigate e-cigarette, combustible cigarette, and cannabis product waste revealed that 99% of identifiable e-cigarette waste was from flavored pods other than tobacco flavor and 42% of all identifiable combustible cigarette waste was menthol flavored. In the same study, menthol flavored waste accounted for 60% in low-income schools, 38% in middle-income schools, and 28% in high-income schools of all identifiable combustible cigarette waste (CDC); WHEREAS, adolescents obtain e-cigarettes from a variety of sources, including purchasing from a store or online (31%), buying from another person (16%), and giving a person of legal age money to purchase for them (15%) (AJHP Pepper et al); WHEREAS, it is the intent of this ordinance to exempt from its application the use of real property located at 220 Olivier Street, Monterey, as a location where flavored shisha tobacco products may be purchased and used on-site. This location has sold flavored shisha tobacco products for use at its on-site hookah lounge continuously since approximately 2007. Should this use discontinue for 90 days, it is the intent of this ordinance that the sale of flavored shisha tobacco products will be prohibited throughout the city; 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 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 Council Regular Meeting, 8/2/2022, Item No. 6., Item Page 2, Packet Page 39 is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The foregoing recitals are true and correct and are incorporated herein by reference.

SECTION 3. Monterey City Code, Article 5, Chapter 19, Section 19-105, subsection (c) is hereby amended to read as follows:
“c. This article is adopted to: (1) ensure compliance with business standards and practices of the City; (2) to encourage responsible retailing of tobacco; (3) to limit the sale of tobacco products to those with the taste or aroma of tobacco, or no taste or aroma at all; and (4) to discourage violations of tobacco-related laws, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or otherwise regulated.” SECTION 4: Monterey City Code, Chapter 19, Article 5, Section 19-106 is hereby relettered sequentially by inserting the following new definitions in alphabetical order into the existing text:
“a. “Characterizing flavor” means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including but not limited to tastes or aromas related to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. Characterizing flavor includes flavor in any form, mixed with or otherwise added to any tobacco product or nicotine delivery device, including electronic smoking devices.
d. “Electronic smoking device” means:
(1) Any electronic device or delivery system that can be used to deliver an inhaled dose of nicotine, flavorings, chemicals, or other substances in aerosolized or vaporized form for human consumption, including but not limited to an electronic cigarette, cigar, pipe, vape pen, or hookah.
(2) Any component, part, or accessory of such a device or delivery system that is used during its operation.
(3) Any flavored or unflavored liquid or substance, whether sold separately or sold in combination with any such device or delivery system that could be used to deliver tobacco products, nicotine, or other substances in aerosolized or vaporized form. (4) Any product for use in such an electronic device or delivery system whether it contains nicotine or tobacco or is derived from nicotine or tobacco. e. “E-Liquid” means the liquid that is converted into an aerosol by an e-cigarette or vaping product. It is typically a mixture of water, food grade flavoring, and a choice of nicotine levels, cannabis (THC, CBD), propylene glycol (PG) or vegetable glycerin (VG). f. “Flavored tobacco product” means any tobacco product, as defined in this Article, which imparts a characterizing flavor.
g. “Hookah” means a type of waterpipe, used to smoke shisha or other tobacco products, with a long flexible tube for drawing aerosol through water. Components of a hookah may Council Regular Meeting, 8/2/2022, Item No. 6., Item Page 3, Packet Page 40 4 include heads, stems, bowls, and hoses.
j. “Shisha tobacco product” means a tobacco product smoked or intended to be smoked in a hookah. “Shisha tobacco product” includes, and may be referred to as, hookah tobacco, waterpipe tobacco, maassel, narghile, and argileh.
k. “Single-use electronic smoking product” means an electronic smoking device that is not refillable or rechargeable and is typically discarded once its contents have been used.” SECTION 5: Monterey City Code, Chapter 19, Section 19-106 (i) is hereby amended to read as follows:
“i. “Tobacco product” means:
(1) Any substance containing, made, or derived from tobacco or nicotine, whether natural or synthetic, that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including but not limited to cigarettes, cigars, little cigars, pipe tobacco, hookah tobacco, shisha, waterpipe tobacco, maassel, narghile, argileh, smokeless tobacco (e.g., snuff, snus, chewing tobacco, dipping tobacco) bidis, heated tobacco, or any other preparation of tobacco; or
(2) Any electronic smoking device that delivers nicotine or other substances, whether natural or synthetic, to the person inhaling from the device, including but not limited to an electronic cigarette, electronic cigar, electronic pipe, or vaping device. An electronic smoking device does not include an electronic hookah.
(3) Any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body. (4) “Tobacco product” does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Drug and Cosmetic Act, as may be amended.” SECTION 6: Monterey City Code, Chapter 19, Section 19-113 through 19-120 are hereby renumbered as Section 19-114 through 19-121.

SECTION 7: Monterey City Code, Chapter 19, Section 19-113 is hereby added to read as follows:
“19-113. Violations.
a. It shall be a violation of this Article for a tobacco retailer, or its agents or employees, to violate any federal state or local tobacco law or regulation, including any provision of this Article.
b. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Article shall constitute a violation.
c. Failure to prominently display the Tobacco Retail License in a publicly visible location at the licensed premises shall constitute a violation.
d. The failure of the tobacco retailer, or its agents or employees, to allow any peace officer, or other authorized government official to conduct unscheduled inspections of the premises of the business for the purpose of ensuring compliance with any federal, state, or local tobacco law or regulations, including any provision of this Article, at any time the business is open for business shall constitute a violation. e. After 180 days of the effective date of this ordinance, it shall be a violation of this Article for a tobacco retailer, or its agents or employees to sell, or offer for sale, or possess Council Regular Meeting, 8/2/2022, Item No. 6., Item Page 4, Packet Page 41 with the intent to sell or offer for sale, any flavored tobacco product intended to impart, or imparting a characterizing flavor in any form, to any tobacco product. (1) Subsection (e) does not apply to flavored shisha tobacco products sold at 220 Olivier Street, Monterey for on-site use, unless the retail sale of flavored shisha tobacco at this location is discontinued for a period of 90 consecutive days or more, at which time the sales of flavored shisha tobacco will be prohibited. f. After 180 days of the effective date of this ordinance, it shall be a violation of this Article for a tobacco retailer, or its agents or employees, to sell, or offer for sale, or possess with the intent to sell or offer for sale, any single use electronic smoking device. g. A tobacco retailer’s possession of four or more flavored tobacco products creates a rebuttable presumption the retailer possesses such flavored tobacco products with intent to sell or offer for sale.
h. The following actions of a tobacco retailer, its employees or agents, creates a rebuttable presumption that a tobacco product is flavored:
(1) public statements or claims that the tobacco product imparts a characterizing flavor; (2) text and/or images on the product’s labeling or packaging to explicitly or implicitly indicate the tobacco product imparts a characterizing flavor; or (3) other actions directed to consumers that would reasonably cause consumers to believe the tobacco or electronic cigarette product imparts a characterizing flavor.

SECTION 8: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

SECTION 9: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

SECTION 10. Nothing in this Article shall be interpreted or applied to create any power or duty in conflict with any federal or state law. If any provision of this Article or the application thereof to any person or circumstance is held invalid, the remainder of this Article or the application of such provision to other persons or circumstances shall not be affected thereby.

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 Regular Meeting, 8/2/2022, Item No. 6., Item Page 5, Packet Page 42 Council
Agenda Report
№08/22
FROM: Andrea Renny, Interim Public Works Director
Prepared By: John Hansen, Senior Administrative Analyst SUBJECT: Authorize the Finance Director to Appropriate $736,917.49 for Unscheduled Maintenance Project Budgets and Appropriate Additional Project Budgets, Not Exceeding $350,000 Individually, Through June 30, 2023 Under the Presidio Municipal Services Agency Intergovernmental Support Agreement ***PMSA*** (Excluded from NEPA per 32 CFR 651 Appendix B Categorical Exclusion (g)(5), CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub.

Resources Code, § 21080, subd. (b)(1)))
RECOMMENDATION:

That the City Council adopt a resolution authorizing the Finance Director or their designee, to make the following budget appropriations:

1. Appropriate $736,917.49 in the Presidio of Monterey Public Works Authority Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-5001-5027].

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $736,917.49.

3. Appropriate funding in an amount equal to any Department of Defense Individual Job Order awards, notices to proceed, and/or cost modifications for unscheduled maintenance projects that do not exceed $350,000.00 during fiscal year 2022-2023.

All expenditure appropriations will be offset by an equal adjustment to revenue in the Presidio of Monterey Public Works Authority Fund.

VALUE DRIVER:

POLICY IMPLICATIONS:

This action is consistent with the City’s policy to provide project services to the Department of Defense through the Presidio Municipal Services Agency (PMSA) Intergovernmental Support Agreement (IGSA) and to approve budget appropriation adjustment increases.

FISCAL IMPLICATIONS:

The City has received Individual Job Order (IJO) awards and funding under the current master IGSA agreement to provide unscheduled maintenance project services to the Department of Defense, which includes the Presidio of Monterey (POM) and Defense Human Resources Activity Enterprise Operations Center (DEOC). There are approved projects at DEOC for $172,182.19 and the Presidio of Monterey for $564,735.30, which total $736,917.49. The requested budget Date: 8/2/2022
Item No.: 7.

Council Regular Meeting, 8/2/2022, Item No. 7., Item Page 1, Packet Page 43 appropriation of funds for $736,917.49 is fully funded through the collection of Special Project Reimbursement Fees. There is no cost impact to the General Fund.

The City will continue to receive IJO awards for the remainder of this fiscal year and as a practical measure, it is efficient to have the Finance Director preauthorized to make additional budget appropriations that are purely administrative in nature. If an individual project budget or modification exceeds $350,000, then that project will be brought before the City Council for its review and approval.

ENVIRONMENTAL DETERMINATION:

All Department of Defense project services provided by PMSA require National Environmental Policy Act (NEPA) evaluation rather than California Environmental Quality Act (CEQA) evaluation.

Under NEPA, the action to appropriate funds does not require a Record of Environmental Consideration (REC) per 32 CFR 651 Appendix B Categorical Exclusion (g)(5).

Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise. Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Department of Defense’s projects’ design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

In some cases, these subsequent discretionary projects may also require environmental determination in accordance with the National Environmental Policy Act ALTERNATIVES CONSIDERED:

The City Council could choose not to appropriate the funds. This alternative is not recommended because the City has a contractual obligation with the Department of Defense to provide project services to the Presidio of Monterey, U.S. Army Signal Activity – Camp Roberts, and the Defense Human Resources Activity Enterprise Operations Center. By providing these project services, the success of the City’s partnership with the Federal government is strengthened.

DISCUSSION:

The City of Monterey provides project management and public works services to the U.S.

Department of Defense for activities on the U.S. Army Garrison Presidio of Monterey, Ord Military Community, and U.S. Army Signal Activity – Camp Roberts under an Intergovernmental Support Agreement (IGSA). These costs are fully reimbursed by the Department of Defense and support the City’s ongoing partnership with the Federal Council Regular Meeting, 8/2/2022, Item No. 7., Item Page 2, Packet Page 44 government. Throughout the year, the U.S. Department of Defense modifies its allocation of funds for the IGSA depending on funding availability and needs analysis. The Department of Defense will then execute and award Individual Job Orders (IJO) to the City so emergency and priority projects can be managed by the City’s PMSA Engineering team.

The recommended appropriation of funds will be used for a variety of project costs within the City’s Presidio of Monterey Public Works Authority Fund. These project expenditures will be spent on the repairs and/or upgrades to building and safety equipment at the Presidio of Monterey (POM) and DEOC facility. A current list of approved Department of Defense unscheduled maintenance projects is presented in Exhibit A, List of Unscheduled Maintenance Projects. These new project expenditures totaling $736,917.49 will be fully offset by an increase in Special Project Reimbursement Fees collected by the City. There is no cost impact on the General Fund.

It is further recommended that the City Council preauthorize the Finance Director, their designee, to make the necessary administrative budget appropriations and/or transfers, none of which may individually exceed $350,000, when the Department of Defense executes and issues additional IJO awards, notices to proceed and/or cost modifications for unscheduled maintenance projects. Preauthorizations are taken to the City Council for consideration annually. This preauthorization would expire on June 30, 2023. All expenditure appropriation adjustments will be offset by an equal adjustment to revenue in the Presidio of Monterey Public Works Authority Fund. This preauthorization enhances the ability of the Finance and Public Works Departments to coordinate and execute projects on a timely basis. The Council’s authorization is approved annually and has been working smoothly for the past five years.

Therefore, staff recommends that the City Council adopt a adopt a resolution authorizing the Finance Director or their designee, to make the following budget appropriations:

1. Appropriate $736,917.49 in the Presidio of Monterey Public Works Authority Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-5001-5027].

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $736,917.49.

All expenditure appropriations will be offset by an equal adjustment to revenue in the Presidio of Monterey Public Works Authority Fund.

AR/jh
Attachments: 1. Resolution

2. Exhibit A - List of Unscheduled Maintenance Projects***PMSA*** e: Billy Garcia, IGSA Manager, [email protected] Wendy Davies, Senior Accountant
Chris Dwight, General Services Superintendent
Council Regular Meeting, 8/2/2022, Item No. 7., Item Page 3, Packet Page 45 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 Regular Meeting, 8/2/2022, Item No. 7., Item Page 4, Packet Page 46 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AUTHORIZE THE FINANCE DIRECTOR TO APPROPRIATE $736,917.49 FOR

UNSCHEDULED MAINTENANCE PROJECT BUDGETS AND APPROPRIATE ADDITIONAL PROJECT BUDGETS, NOT EXCEEDING $350,000 INDIVIDUALLY, THROUGH JUNE 30, 2023 UNDER THE PRESIDIO MUNICIPAL SERVICES AGENCY INTERGOVERNMENTAL SUPPORT AGREEMENT ***PMSA***
WHEREAS, a 2022-2023 budget adjustment is needed to authorize the payment for expenditures related to unscheduled maintenance project costs in the Presidio of Monterey Public Works Authority Fund (Exhibit A);
WHEREAS, these appropriations are fully funded by Presidio Municipal Services Agency (PMSA) Individual Job Order (IJO) awards, notices to proceed and/or modifications issued by the Department of Defense; and,
WHEREAS, all Department of Defense project services provided by PMSA require National Environmental Policy Act (NEPA) evaluation rather than California Environmental Quality Act (CEQA) evaluation. Under NEPA, the action to appropriate funds does not require a Record of Environmental Consideration (REC) per 32 CFR 651 Appendix B Categorical Exclusion (g)(5).

CEQA applies to discretionary projects (Pub. Resources Code, § 21080, subd. (a)). CEQA does not apply to ministerial projects (Pub. Resources Code, § 21080, subd. (b)(1)). There is a recognized policy consideration underlying the distinction between ministerial and discretionary projects. The purpose of CEQA is to minimize the adverse effects of new construction on the environment. To trigger CEQA compliance, the discretion must be of a certain kind; it must provide the agency with the ability and authority to mitigate environmental damage to some degree. Unless a public agency can shape the project in a way that would respond to concerns raised in an EIR, or its functional equivalent, environmental review would be a meaningless exercise. Here, the City does not have the power to deny or condition the permit, or otherwise modify the project in ways which would mitigate environmental problems an environmental impact report might conceivably have identified. The City does not have the authority to dictate changes to the Department of Defense’s projects’ design or location in response to any impacts that an environmental review might reveal, the City’s authority under CEQA is essentially ministerial and therefore no further environmental review is required by the City.

In some cases, these subsequent discretionary projects may also require environmental determination in accordance with the National Environmental Policy Act.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

Council Regular Meeting, 8/2/2022, Item No. 7., Item Page 5, Packet Page 47 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY it hereby authorizes and directs the Finance Director, or their designee, to make the following budget appropriations:

1. Appropriate $736,917.49 in the Presidio of Monterey Public Works Authority Fund to the Presidio of Monterey Unscheduled Maintenance Projects, Option Year 5 - POM account [650-310-3199-5001-5027].

2. Increase the Special Project Reimbursement Fees revenue account [650-310-3199- 3658] in the amount of $736,917.49.

All expenditure appropriations will be off-set by an equal adjustment to revenue in the Presidio of Monterey Public Works Authority Fund.

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 Regular Meeting, 8/2/2022, Item No. 7., Item Page 6, Packet Page 48

EXHIBIT A
Presidio of Monterey Public Works Authority Fund
List of Unscheduled Maintenance Projects ***PMSA***
POM Projects
Individual
Job Order #
Eden
Project #
Project Title Project
Amount
POM 22‐011 pom2022011 POM‐B622 REPAIR FLOORING       229,322.48 POM 22‐003 pom2022003 OMC‐B7693 HHW CONTROLS INSTALL         87,132.80 POM 22‐023 pom2022023 POM REPLACE SIGNAGE VARIOUS LOCATIONS         60,000.00 POM 22‐005 pom2022005 POM‐MULTI SITE SEAGULL ABATEMENT         30,326.44 POM 22‐016 pom2022016 POM‐ARCHAEOLOGICAL TEST & EVAL NEAR B279         30,000.00 POM 22‐041 pom2022041 OMC‐B4495 DISP OF UNIV WASTE & FIRE EXT         30,000.00 POM 22‐030 pom2022030 POM‐827 EMRG MITIGATE GRAY WTR PIPE BRST         25,000.00 POM 22‐006 nrl2022006 CR‐NRL B18103 REPLACE AHU‐1 COMPRESSOR         22,000.00 POM 22‐021 pom2022021 POM‐B607 REPAIR ELEVATOR         15,000.00 POM 22‐010 pom2022010 OMC‐B4495 INSTALL CHARGING STATION         10,953.58 POM 22‐015 pom2022015 POM‐CAPPED LANDFILL ENVIRO TREATMENT         10,000.00 POM 22‐029 pom2022029 POM‐B630 EMERG MITIGATE WATER DAMAGE         10,000.00 POM 22‐042 pom2022042 OMC‐B7693 REPLACE BOILER PUMP           5,000.00 Total POM Projects       564,735.30
DEOC Projects
Individual
Job Order #
Eden
Project #
Project Title Project
Amount
DEOC 22‐003 deoc202203 DEOC‐B4385 REPAIR ROOF AND DRAIN       109,521.87 DEOC 22‐004 deoc202204 DEOC‐B4385 REPLACE DOORS ON LOADING DOCK         28,109.93 DEOC 22‐007 deoc202207 DEOC‐B4385 RPL AHU 6 AIR FLOW STATION         18,220.17 DEOC 22‐006 deoc202206 DEOC‐B4385 RPL MCQUAY CONNECTION HEAD         16,330.22 Total DEOC Projects       172,182.19
Special Project Reimbursement Fees   650‐310‐3199‐3658       736,917.49 * Since the Eden financial system only allows for 40 characters in the project title, abbreviations are necessary.

Council Regular Meeting, 8/2/2022, Item No. 7., Item Page 7, Packet Page 49 Council
Agenda Report
№08/22
FROM: Andrea Renny, Interim Public Works Director
Prepared By: Rex Van Slyke, Fleet Manager
SUBJECT: Authorize the City Manager to Enter into Agreements to Provide Vehicle Maintenance Services for the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That City Council adopt the attached resolution authorizing the City Manager, or his designee, to execute five-year initial term agreements, with a maximum of five (5) one-year extensions as the capacity and resources of Monterey will allow, for vehicle maintenance services with the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District.

VALUE DRIVERS:

FISCAL STEWARDSHIP – Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.

QUALITY OF LIFE – In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.

POLICY IMPLICATIONS:

The recommended agreements to provide vehicle maintenance services are consistent with City Council’s policy to approve agreements between local governmental agencies. California Government Code section 54981 provides that the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District may contract with the City of Monterey for vehicle maintenance services.

FISCAL IMPLICATIONS:

The proposed Vehicle Maintenance Services Agreements with the City of Carmel-by-the-Sea, Monterey Peninsula Regional Parks District, and Monterey Peninsula Water Management District will generate outside revenue for the City of Monterey’s Fleet Management Division.

The additional revenue of approximately $94,000 annually will help reduce existing fixed operating costs of the Fleet Division. All subsequent sub-contractor costs incurred will be passed through to the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District. These reimbursed costs include the fullyburdened costs of employees, including salaries, healthcare, and retirement benefits.

Date: 8/2/2022
Item No.: 8.

Council Regular Meeting, 8/2/2022, Item No. 8., Item Page 1, Packet Page 50 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:

Council could decide not to authorize the City Manager to enter into agreements for vehicle maintenance services with the City of Carmel-by-the-Sea, the Monterey Peninsula Regional Park District and the Monterey Peninsula Water Management District; however, this would not promote Council’s goal of working cooperatively to share certain municipal services for the mutual benefit of regional government agencies.

DISCUSSION:

For more than 25 years, the City of Monterey has provided vehicle maintenance services to neighboring agencies. Currently, the City is providing maintenance services to the Cities of Pacific Grove and Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District. The current agreements with the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District are set to expire in August 2022. These continuously successful partnerships have not had a significant staffing impact on the City of Monterey.

Vehicle maintenance services are provided at the City of Monterey Corporation Yard at 25 Ryan Ranch Road. The proposed vehicle maintenance services primarily consist of preventative maintenance services such as oil and filter changes; chassis lube; top off of fluids; tire rotation; and inspection of the brakes, tires, frame, suspension, exhaust, body, and interior, as well as all under hood components (belts, hoses, etc.). The proposed contracts with these agencies will also allow them to purchase fuel from the City of Monterey.

Combining vehicle maintenance services with neighboring agencies allows the City of Monterey and the participating agencies to conserve financial resources and experience efficiencies that contribute to the health and welfare of their communities.

Therefore, staff recommends adopting the attached resolution authorizing the City Manager, or his designee, to execute five-year initial term agreements, with a maximum of five (5) one-year extensions as the capacity and resources of Monterey will allow, for vehicle maintenance services with the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District.

Council Regular Meeting, 8/2/2022, Item No. 8., Item Page 2, Packet Page 51 AR/rvs/dt
Attachments: 1. Resolution
e: Chip Rerig, City Administrator, City of Carmel-by-the-Sea Rafael Payan, Ph.D., General Manager, Monterey Peninsula Regional Park District David Stoldt, General Manager, Monterey Peninsula Water Management District 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 Regular Meeting, 8/2/2022, Item No. 8., Item Page 3, Packet Page 52 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22

AUTHORIZE THE CITY MANAGER TO ENTER INTO AGREEMENTS TO PROVIDE

VEHICLE MAINTENANCE SERVICES FOR THE CITY OF CARMEL-BY-THE-SEA,

MONTEREY PENINSULA REGIONAL PARK DISTRICT AND

MONTEREY PENINSULA WATER MANAGEMENT DISTRICT
WHEREAS, the City of Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District are special districts and municipal corporations that provide various services to their respective residents, businesses, and visitors; WHEREAS, combining vehicle maintenance services with neighboring agencies allows the City of Monterey and the participating agencies to conserve financial resources and experience efficiencies that contribute to the health and welfare of their communities; and, 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 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 that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the City Manager, or his designee, is hereby authorized to execute fiveyear initial term agreements, with a maximum of five (5) one-year extensions as the capacity and resources of Monterey will allow, to provide vehicle maintenance services to the City of Council Regular Meeting, 8/2/2022, Item No. 8., Item Page 4, Packet Page 53 2 Carmel-by-the-Sea, Monterey Peninsula Regional Park District, and Monterey Peninsula Water Management District.

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 Regular Meeting, 8/2/2022, Item No. 8., Item Page 5, Packet Page 54 Council
Agenda Report
№07/19
FROM: Brette Neal, Human Resources Director
SUBJECT: Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution to authorizing an Employment Agreement with City Manager, Hans Uslar.

VALUE DRIVERS:

Negotiating employment contracts is consistent with the City Council’s value driver to “provide sufficient resources and support to develop, retain, and recruit a high quality city workforce.” POLICY IMPLICATIONS:

The City is committed to supporting staffing decisions that ensure the best guidance for City Council and management of the City.

FISCAL IMPLICATIONS:

The total net cost to the City to implement the Agreement during the FY 2022/23 and FY 2023/24 budget periods is $31,103. The FY 22/23 budget will be adjusted by $15,281 for an increase in salary and benefits. The FY23/24 budget forecast will include the adjustments for salary and benefits. Costs/savings of the health plan saving fund modifications will vary depending on individually selected plans each year. The following is the cost of the salary and benefits for the next two fiscal years.

FY 2022/2023 FY 2023/2024 Total
Salary Increase $10,055 $10,457 $20,512
Benefits Increase $5,226 $5,365 $10,590
Total Cost $15,281 $15,822 $31,103
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 Date: 8/2/2022
Item No.: 9.

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 1, Packet Page 55 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:

The staff recommendation is consistent with recent City Council guidance.

DISCUSSION:

The City Manager is a single position classification appointed by the City Council and retained by an individual employment contract adopted by Council on August 7, 2018. The original Employment Agreement had a current end date of August 6, 2021. Based on Council direction, Staff is recommending an employment agreement, included as Attachment 2, with the following salary and benefit terms:
 Term of Agreement effective July 1, 2022 – June 30, 2027;  Base salary of $261,431;
 4% salary increase effective July 1, 2023;
 The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU.

Attachments: 1. Resolution

2. Employment Agreement
c: Christine Davi, City Attorney
Rafaela King, Finance Director
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 Regular Meeting, 8/2/2022, Item No. 9., Item Page 2, Packet Page 56 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12

AUTHORIZE CITY MANAGER EMPLOYMENT AGREEMENT
WHEREAS, the City Council has retained City Manager Hans Uslar since August 7, 2018;
WHEREAS, the City Council’s employment agreement with the City Manager expired on August 6, 2021;
WHEREAS, the City Council desires to continue to retain the City Manager with the following terms for an employment agreement:
 Term of Agreement effective July 1, 2022 – June 30, 2027;  Base salary of $261,431;
 4% salary increase effective July 1, 2023;
 The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU. 
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 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 Mayor is authorized to execute the employment agreement of Hans Uslar as City Manager effective July 1, 2022 and the Finance Director is authorized to adjust the salaries and benefits for the increase of $15,281 for the 2022/23 fiscal year.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 3, Packet Page 57 2 NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 4, Packet Page 58 ATTACHMENT 2
City of Monterey

CITY MANAGER EMPLOYMENT AGREEMENT
This Employment Agreement (“Agreement”) is made August 2, 2022 by and between the CITY OF MONTEREY, a municipal corporation (“City”), and HANS USLAR (“Uslar”).

TERMS

1. Appointment of City Manager:

The City appointed Uslar to the position of City Manager on August 8, 2018, subject to the terms and conditions set forth herein, and Uslar accepts such terms and conditions.

2. Term of Agreement:

The Agreement is effective July 1, 2022 until June 30, 2027, at which time it shall expire.

3. Duties and Responsibilities
a. Uslar is an at will employee who shall serve at the pleasure of the City Council. b. As City Manager, Uslar shall perform the functions, duties, and powers of City Manager, as specified in the Monterey City Charter, the City Code, the job description, and any other applicable ordinances, resolutions, policies, and customs of the City, and perform all other duties and responsibilities as shall from time to time be duly assigned by the City Council.

Uslar shall at all times faithfully and diligently perform all of the duties and responsibilities, and powers so vested, delegated, or assigned, and he shall obey all laws of the United States, the State of California, and the City of Monterey. c. Uslar agrees to devote his full productive time, ability, and attention to the City’s business during the term of this Agreement. Uslar shall not hold secondary employment, and shall be employed exclusively by the City.

4. City Manager Appointment and Removal Authority:

Uslar may appoint and review employees of the City Manager’s Office, as provided in the City Charter, subject to appropriate budgetary authority and Chapter 25 of the City Code.

5. Termination of Employment and Severance:
a. Pursuant to Article 4, Section 4.4 of the City Charter, the City Council may remove Uslar without cause stated or hearing by a vote of four (4) members, and may remove Uslar for “cause” after a hearing by a vote of three (3) of its members. “Cause” means fair and honest reasons, regulated by good faith on the part of the City, that are not trivial, arbitrary or capricious, unrelated to business needs or goals, or pretextual, and cause may Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 5, Packet Page 59 ATTACHMENT 2
include, but is not limited to, “Reasons for Discipline” set forth in City Code Chapter 25, Section 14.02, or any successor City personnel rules, or other good cause. b. In the event the City discharges Uslar without cause prior to six months from the expiration of the term of this Agreement, Uslar shall be entitled to receive compensation, consisting of a lump-sum payment of six months of base salary. In the event the City discharges Uslar without cause, within six months of the expiration of the terms of this Agreement, Uslar shall be entitled to receive compensation consisting of a lump-sum payment for each remaining month of his base salary, up to a maximum of six month of base salary. In accordance with Government Code § 53261, a cash severance payment shall not include any other non-cash item, except health benefits, which shall be continued on behalf of Uslar for the same duration of the time covered in the severance payment. This section shall be construed in accordance with Government Code § 53260 which explicitly limits contractual severance cash settlement payable by a local agency employer.
c. The severance payment described in Section 5(b) will release the City from any further obligations under this Agreement, and any claims of any nature that Uslar might have against the City by virtue of his employment or termination thereof. Contemporaneously, with the delivery of the severance payment and in consideration therefore, Uslar agrees to execute and deliver to the City a release of all claims that Uslar may have against the City, to include a Civil Code § 1542 waiver.
d. Uslar shall not be entitled to severance pay in the following events:
i. Discharge for cause
ii. City elects not to renew this Agreement
iii. Uslar dies or becomes disabled to the extent that he cannot perform the full range of the essential functions of his position, with or without reasonable accommodations, as determined by his treating physician and through an interactive process with Human Resources
iv. Uslar resigns from his position as City Manager

6. Base Salary:

City agrees to pay Uslar for his services rendered pursuant to this Agreement an annual base salary of $261,431, payable on a bi-monthly basis in the same manner as other employees of the City are paid. Effective July 1, 2023, the base salary shall be increased by four percent (4.0%).

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 6, Packet Page 60 ATTACHMENT 2

7. Benefits:
a. The City shall provide Uslar with the Toyota Camry Hybrid or a similar vehicle for his business use and incidental personal use. The City shall maintain the automobile in a safe and good working condition and maintain an automobile liability insurance policy on the automobile with Uslar as a named insured. The City shall fully pay or reimburse Uslar for expenses incurred in the maintenance and use of said automobile. Uslar shall record mileage incurred during incidental personal use and commute trips for calculation of taxable benefits.
b. Uslar shall participate in the 2.7% at 55 California Public Employees Retirement System plan. Uslar shall be responsible for the employee’s 8% contribution to the plan and will cost share 3% of the City’s required contribution to the plan for a total employee contribution of 11%.
c. Uslar shall receive 40 hours of “use it or lose it” management leave each calendar year, prorated to an initial receipt of 20 hours for the remainder of 2018. This management leave has no cash value.
d. Uslar shall receive one hundred eighty four (184) hours vacation leave accrual per year. e. Uslar shall receive sick leave as provided in Monterey City Code § 25-12.02. f. Uslar shall receive family leave as provided in Monterey City Code § 25-12.03. g. Uslar shall receive paid holidays as provided in Monterey City Code § 25-12.04. h. Uslar shall receive jury duty leave as provided in Monterey City Code § 25-12.05. i. City agrees to provide Uslar with a Group Term Life Insurance policy in the amount of $65,000, and voluntary participation in a Supplemental Life Insurance policy subject to carrier limits paid by Uslar through payroll deduction. j. City agrees to match up to $50 per pay period ($100 per month) to a City authorized Deferred Compensation Plan authorized under Internal Revenue Code Section 457. k. Uslar shall be eligible to participate in the City’s Fitness Activity Plan (i.e., may accrue 10 hours of leave time per quarter up to 80 hours maximum per the Fitness Activity Plan policy.) Participation in this plan is voluntary and subject to the terms and condition of the plan as provided in the Monterey Executive Management Employees’ Association (MEMEA) Memorandum of Understanding (MOU).
l. Uslar shall receive the City’s short term/long term disability insurance plan subject to carrier limits.

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 7, Packet Page 61 ATTACHMENT 2
m. Uslar shall be eligible to participate in the City’s wellness program (i.e., Sports Center fitness pass) subject to the terms and conditions as provided in the MEMEA MOU. n. Uslar shall be eligible to participate in the City’s Section 125 programs subject to Internal Revenue Service regulations. Uslar will pay any administration fee for this service through payroll deduction.
o. Uslar shall be eligible to participate in the City’s dental/orthodontia insurance plan, and shall receive the same employer contribution and benefits as other full-time employees. p. City shall provide vision care coverage for Uslar and his eligible dependents. The plan will provide for expenses incurred up to the annual maximums described in the plan description.
q. Uslar shall participate in the City’s Cafeteria plan. The City will contribute a monthly sum to the employee’s Health Plan Spending Fund (HPSF) based on the employee’s participation in the Public Employees Medical and Hospital Care Act (PEMHCA). The HPSF amounts and the City’s continuing contributions are subject to the amounts as provided in the MEMEA MOU.
r. Uslar shall be eligible for cell phone allowance up to $780 per year. s. Uslar shall be eligible to participate in the Legal Services plan. Participation in this plan is voluntary, and the monthly premium shall be paid by the employee through payroll deduction.
t. Uslar shall be eligible to participate in the Employee Assistance Plan, and shall receive the same employer contribution and benefits as other full-time employees. u. Uslar shall be eligible to receive One Thousand dollars ($1,000 per fiscal year for Tuition Reimbursement subject to the same terms and conditions as provided in the MEMEA MOU).
v. Uslar shall not receive longevity pay.

8. Performance Evaluations:

The City Council shall review and evaluate the performance of Uslar on at least an annual basis.

The City Council, in consultation with Uslar, shall define such goals and performance objectives that they determine to be necessary for the proper operation of the City.

9. Indemnification:

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 8, Packet Page 62 ATTACHMENT 2
The City shall defend, hold harmless and indemnify Uslar against any lawsuit pursuant and subject to the provisions and limitations of California Government Code § 825, provided such lawsuit is against Uslar for acts or omissions within the course and scope of his employment. Uslar agrees to cooperate in any and all litigation matters.

10. Notices:

Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The CITY: Mayor and City Council
City of Monterey
580 Pacific Street
Monterey, CA 93940
b. USLAR: City of Monterey
580 Pacific Street
Monterey, CA 93940
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed as given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.

11. Bonding:

The City shall bear the full cost of any crime insurance, fidelity or other bond required for the City Manager under any law or ordinance.

12. Professional Memberships, Meetings, Seminars:

It is understood and agreed that the City and Uslar will mutually benefit from Uslar’s participation in certain professional activities relating to City Managers and City administrations. Subject to budgetary constraints, Uslar may enroll, attend, and participate in conferences, courses, seminars, committee work, or other activities of organizations that benefit the City.

13. Miscellaneous:
a. The text herein shall constitute the entire Agreement between the parties. This Agreement may not be modified, except by written agreement executed by both parties. b. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect.

Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 9, Packet Page 63 ATTACHMENT 2
c. This Agreement shall be governed by the laws of the State of California. d. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party.
e. This Agreement may be executed in counterparts containing original signatures. f. This Agreement shall be interpreted as though it was prepared by both the City and Uslar.

DATED: ____________________
__________________________
Hans Uslar
DATE: _____________________
_________________________
Clyde Roberson, Mayor
Council Regular Meeting, 8/2/2022, Item No. 9., Item Page 10, Packet Page 64

Monterey City CouncilAugust 2, 2022

Monterey City Council
August 2, 2022