Council Chamber, 580 Pacific
St. and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Amended Agenda
Tuesday, February 7, 2023
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
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 highly recommended for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask. Online via ZoomGov Webinar live (no time delay):
Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
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Enter Webinar ID: 160 772 9333 #
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To “raise your hand” dial *9. Once called upon, dial *6 to unmute. Need more help using or updating Zoom? Read our ZoomGov Meeting Instructions.
o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.
CALL TO ORDER
PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: For 2/7/2023 4:00:00 PM
2 regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both.
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
1. January 17, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
2. January 25, 2023 (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts
3. Award a General Municipal Improvements Job Order Contract 2023-2024 for Intergovernmental Service Agreement / Presidio Municipal Services Agency Projects in the Amount of $1,000,000 to The Don Chapin Company, Inc. ***PMSA*** (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1), CEQA Not A Project)
4. Award Job Order Contract in the Amount of $140,000 to David Olson, Inc. dba Airtec Service for Presidio of Monterey Heating, Ventilation and Air Conditioning Repair and Replacement Job Order Contract (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)) ***PMSA***
5. Award Job Order Contract in the Amount of $120,000 to Commercial Services and Environmental Solutions, Inc. dba Monterey Environmental Solutions and Services for City of Monterey Asbestos and Lead Abatement Job Order Contract (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
6. Award Job Order Contract in the Amount of $120,000 to Commercial Services and Environmental Solutions, Inc. dba Monterey Environmental Solutions and Services for Presidio of Monterey Asbestos and Lead Abatement Job Order Contract (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)) ***PMSA***
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 prior to adoption, 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.
7. 2nd Reading of an Ordinance to Rezone 828 Pacific Street from R-1-6 to R-1-6-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, 2/7/2023 4:00:00 PM
3 Class 5)
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."
8. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period February 17, 2023 through February 28, 2023 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)
9. Approve Termination of Electric Service Provider Contract and Authorize Withdrawal from the Direct Access Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
10. Adopt the Monterey Peninsula, Carmel Bay, and South Monterey Bay Integrated Regional Water Management Plan Update (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
11. Authorize the City Manager to Execute (1) an Intergovernmental Support Agreement with the U.S. Army Garrison Presidio of Monterey; (2) Authorize the Withdrawal from and Termination of the Presidio Public Works Agency also known as the Presidio Municipal Services Agency Joint Powers Authority; and (3) Authorize an Agreement with the City of Seaside for Seaside to Provide Installation Support Services to the Presidio of Monterey Annex (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***IGSA***
12. Order Engineer’s Report for Fiscal Year 2023-2024 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
13. Order Engineer’s Report for Fiscal Year 2023-2024 Calle Principal Maintenance District 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other
14. Receive Mayor’s Recommendations and Make Appointments to the Building and Housing Appeals Board, Neighborhood and Community Improvement Program Committee and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, 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.
15. Receive Informational Update on Teleconference Attendance of Public Meetings Pursuant to the Ralph M. Brown Act (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
2/7/2023 4:00:00 PM
4 16. Modifying the Employee Relocation Assistance Program (Not A Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECESS 5:30 p.m.
RECONVENE
*** Evening Session Agenda ***
7:00 - 11:00 p.m.
No discussion of a new item will be started after 10:30 p.m.
PLEDGE OF ALLEGIANCE
CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA)
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: For regular meetings with an afternoon and evening session, Public Comments are taken during both sessions. Individuals may choose to speak once for up to three minutes at either session, but not both.
PUBLIC HEARING (EVE)
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)
17. Introduce by Title Only, Waive Full Reading and Pass a First Reading of an Ordinance to Repeal and Replace City Code Chapter 38 Article 17 Section 112.4 Related to Wireless Communication Facilities (Exempt from CEQA Article 19, Sections 15305 and 15308, Classes 5 and 8)
PUBLIC APPEARANCE (EVE)
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated.
18. Authorize the City Manager to Terminate Cruise Ship Passenger Landing Services by the City of Monterey (Not a Project Subject to Approval Under CEQA, Pub.
Resources Code, §§ 21065, 21080, subd. (a), 14 CCR §§ 15061, 15352, 15378)
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). 2/7/2023 4:00:00 PM
5 CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.
City Council Meetings are cable cast live and recorded for replay on Monterey's Government Access Channel 25 by Access Media Productions (AMP).
CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:
Voicemail: (831) 646-3799
Fax: (831) 646-3793
Email: [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