Council Chamber
580 Pacific Street
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, May 16, 2023
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
How to participate in this meeting:
Written comment: Members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.
In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.
Remote via ZoomGov Webinar:
o Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.
o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another. o Enter Webinar ID: 160 772 9333 #
o If prompted to enter a participant ID, press #
To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF) This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90-second delay). *** Evening Session Agenda ***
7:00 - 11:00 p.m.
No discussion of a new item will be started after 10:30 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Recognition of Monterey County Health Department, Elsa Mendoza Jimenez, and Edward Moreno, M.D.; Montage Health, Steven Packer, M.D., and Martha Blum, M.D.; and the Monterey County Department of Emergency Management, Former County Administrative Officer Charles McKee, Assistant County Administrative Officer Nick Chiulos and Emergency Management Director Kelsey Scanlon for their Response to the COVID-19 Pandemic (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) 5/16/2023 7:00:00 PM
2 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.
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. May 2, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under 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.
3. 2nd Reading of an Ordinance Implementing Financial Hardship Fee Waivers for Appeals and Updating the Administrative Citation Advance Deposit Hardship Waiver Eligibility Criteria (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
4. 2nd Reading of an Ordinance to Amend the Flavored Tobacco Ordinance (Chapter 19, Article 5 of the Monterey City Code) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
5. 2nd Reading of an Ordinance Amending Monterey City Code Section 38-112.6 “Accessory Dwelling Units and Junior Accessory Dwelling Units” and Amending Section 38-11 “Definitions” (Statutorily Exempt from CEQA pursuant to Public Resources Code Section 21080.17)
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."
6. Identify the Rehabilitation of Monroe Street as the Project to be Funded by SB 1:
The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 5/16/2023 7:00:00 PM
3 7. Authorize the City Manager to Enter into a Master Programs Funding Agreement with the Transportation Agency for Monterey County to Receive Allocations from Regional Surface Transportation Program, Regional Development Impact Fee, and Transportation Development Act 2% Program, Amend Resolution 22-135 to include the Del Monte/Washington Intersection Bike and Pedestrian Improvement Project, and Authorize an Increase of FY23 Revenue and Appropriation of Regional Surface Transportation Funds in the Amount of $208,940.31 ***CIP*** (Mitigated Negative Declaration Previously Approved)
8. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
9. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
10. Amending and Restating Resolution 23-004, the Salary Schedule, to Add a FullTime Police Recruit Position (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other
11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1187 Del Monte Avenue (Mohr Imports); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Adam Mohr (Mohr Imported Cars, Inc.); 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)
12. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 290 Figueroa Street (Dust Bowl Brewing Co. Tap Depot); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Brett Honore and Brett Tate (Dust Bowl Brewing Co., LLC); 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)
13. Receive Mayor’s Recommendations and Make Appointments to the Architectural Review Committee, Building and Housing Appeals Board, Neighborhood and Community Improvement Program (NCIP) Committee, and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
14. Approve a Letter Urging the State Legislature to Take Action to Address the Fentanyl Crisis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***
5/16/2023 7:00:00 PM
4 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.
15. Receive Report About the Final Administrative Draft Compatible Use Study (Exempt from CEQA Article 18, Section 15262)
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).)
16. Consider the Planning Commission’s Recommendation to Approve 912 Del Monte Center Text Amendment Application TM-22-0217 to Amend the Del Monte Center SC Plan Land Use Regulations to Modify Permitted Uses at the Shopping Center ; Applicant Sarah Cuban, Wald, Ruhnke & Dost Architects, LLP; Owner American Assets Trust; C-2-SC Zoning District; Commercial General Plan Designation (Exempt from CEQA per Article 19, Section 15305, Class 5)
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 10:30 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." 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. 5/16/2023 7:00:00 PM
5 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