Council Chamber
580 Pacific Street
Monterey, California
and Remote Location:
JW Marriott Las Vegas Resort
& Spa, Room # 622
221 N Rampart Blvd.
Las Vegas, NV 89145
City Council Agenda
Council Regular Meeting
Tuesday, November 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
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. Enter Webinar ID: 160 772 9333 #
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).
PUBLIC COMMENT PROCEDURES AND TIME LIMITS:
The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows:
1. Up to three minutes per speaker.
2. For regular City Council meetings, there are two 15-minute public comment periods, one in the afternoon and one in the evening. Speakers may only comment during one session.
3. The total time allocated for public comment:
a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item
c. Public Hearing items – 30 minutes each item
d. Closed session items – 15 minutes each item
At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary 11/7/2023 4:00:00 PM
2 to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker.
TELECONFERENCE NOTICE
Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Councilmember Barber from the remote location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.
CALL TO ORDER
PRESENTATIONS
1. Present Proclamation to and Receive Presentation from the Western Flyer Foundation (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
GENERAL PUBLIC COMMENTS
The public may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.
CONSENT AGENDA
All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the City Council or the public requests discussion or a separate vote.
Approval of Minutes
2. October 11, 2023 Special Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
3. October 17, 2023 Regular Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Award of Construction Contracts
4. Award a Job Order Contract for General Municipal Building Roofing Improvements for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to RoofConnect Logistics Inc. dba RoofConnect (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) *** IGSA ***
5. Award a Job Order Contract for General Municipal Building Roofing Improvements for City Projects in the Amount of $1,000,000.00 to RoofConnect Logistics Inc. dba RoofConnect (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP***
6. Award a Job Order Contract for General Municipal Flooring Improvements for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Shaw Industries Inc. (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) *** IGSA ***
11/7/2023 4:00:00 PM
3 7. Award a Job Order Contract for General Municipal Flooring Improvements for City Projects in the Amount of $1,000,000.00 to Shaw Industries Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NIP***
Ordinances
An ordinance is a law adopted by the City Council and codified in the City Code. Through the adoption of an ordinance, the City may make and enforce within its limits all local, police, sanitary, and other laws not in conflict with state or federal law. An ordinance generally becomes effective 30 days after approval at a second reading.
8. 2nd Reading by Title Only of an Ordinance to Establish a Rental Inventory and Requiring Registration of All Residential Rental Properties within the City of Monterey Beginning January 1, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
9. 2nd Reading - Ordinance to Rezone 875 Spencer Street from R-3-5 to R-3-5-H-2 as a City Historic Resource (Exempt from CEQA per Article 19, Section 15305, Class 5) Resolutions
A resolution is an expression of opinion or evidence of a decision made by the City Council and often relates to administrative business of the City. Resolutions generally become effective immediately upon adoption.
10. Ratify Emergency Suspension of Purchasing Requirements for Wharf I Fire Sprinkler System Work, Authorize a Budget Appropriation Adjustment in the amount of $72,347 and Authorize an Amendment to the Contract with the A & B Fire Protection & Safety Inc. to Increase the Not to Exceed Fee from $11,999 to $84,346 (Not a Project under CEQA per Article 18, Section 15269, Emergency Projects)
11. Amend Resolution 23-069 to Include the Madison/Herrmann/Larkin Intersection Safety Improvement Project and Authorize an Increase of FY24 Revenue and Appropriation of Regional Surface Transportation Funds in the Amount of $119,120 ***CIP*** (Exempt from CEQA per Article 19, Section 15303 Class 3)
12. Authorize an Amendment to the Agreement with Trinity Source Group, Inc. for Remediation of Groundwater Contamination at 951 Del Monte Avenue to Increase the Contract Amount from $1,056,160 to $1,236,160 and Extend the Term ***CIP*** (Mitigated Negative Declaration Adopted)
13. Authorize an Appropriation of $711,209.00 from the General Fund’s Unassigned Fund Balance to the Monterey Conference Center Cooling Tower Replacement Project Account in the Capital Improvement Projects Fund and Award a Construction Contract in the Amount of $1,258,931.00 to Mesa Energy Systems, Inc. for the Monterey Conference Center Cooling Tower Replacement (CIP2318) (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP***
14. Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
11/7/2023 4:00:00 PM
4 15. Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
16. Amend Resolution 23-067, the FY 23/24 City Budget by appropriating $67,686 to Salaries and Benefits, and the Position Control List, by Adding One HCD Coordinator – Programs & Projects to the Community Development Department Housing Office (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
17. Amend Resolution 23-067 the FY 23/24 City Budget by Adding $105,968 to the Housing Public Service Grant Budget Recognizing the Additional CDBG-CV Funds Received (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
18. Authorize the City Manager to Enter into a Contract with the Association of Monterey Bay Area Governments (AMBAG) to Receive and Appropriate $180,000 from the Regional Early Action Planning (REAP) 2.0 Local Suballocation Grant Program to Fund Implementation of Housing Programs (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
19. Authorize Budget Appropriations of $1,125,458.06 between Presidio of Monterey Public Works Accounts for the POM B267 Renovate Building Project & OMC B7693 Replace Flooring Project, and Authorize Administrative Budget Appropriations Not Exceeding $350,000 Individually for Unscheduled Presidio Maintenance Projects Through June 30, 2024 ***IGSA***(NEPA Not a Project, CEQA Not a Project under Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1)) *** End of Consent Agenda ***
PUBLIC HEARING
Public Hearings are held to receive a staff presentation and public comment on certain items prior to City Council action. 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 public hearing. (Government Code section 65009.)
20. 1st Reading by Title Only of an Ordinance to Rezone 581 Larkin Street from R-3-6 to R3-6-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5)
PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.
21. Provide Direction to Staff about Vehicle Storage Facilities and Small-Scale Wholesale, Distribution and Storage Uses in the I-R Zoning District That Have a Multifamily Housing Overlay Zoning Designation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
ADJOURN TO CLOSED SESSION (See additional agenda)
The City Council will take public comments on closed session items before convening to closed session.
11/7/2023 4:00:00 PM
5 RECESS
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
GENERAL PUBLIC COMMENTS CONTINUED
Any person who did not offer a general public comment in the afternoon session may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction.
ANNOUNCEMENTS FROM CLOSED SESSION
PRESENTATIONS (EVE)
22. Receive a Presentation from Transportation Agency for Monterey County (TAMC) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
PUBLIC HEARING (EVE)
Public Hearings are held to receive a staff presentation and public comment on certain items prior to City Council action. 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 public hearing. (Government Code section 65009.)
23. 1st Reading by Title Only of an Ordinance to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183
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.
24. Consider Establishing a Temporary Moratorium Pursuant to Government Code Section 65858 Suspending the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
25. Discuss the Annual Performance Evaluation Process for the City Manager and City Attorney (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
11/7/2023 4:00:00 PM
6 COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement, or make a brief report on their activities. In addition, Councilmember or the City Council may provide a referral to staff or other resources for factual information. (Government Code section 54954.2(a)(3).)
CITY MANAGER REPORTS
The City Manager may make a brief report on their activities or a brief announcement. They may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.
ADJOURNMENT
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.
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