Agenda packet — Monterey City Council, May 29, 2024

Council Chamber
580 Pacific St.

Monterey, California
and Teleconference Location:

The Courtyard by Marriott
El Toro Meeting Room
18610 Madrone Parkway
Morgan Hill, CA 95037
Monterey City Council
Special Meeting Agenda
Council Special Meeting

AMENDED AGENDA
Wednesday, May 29, 2024
4:00 PM – 7:00 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.gov/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/1616037682 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: 161 603 7682 #
 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 5/29/2024 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.

CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made.

TELECONFERENCE NOTICE
Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Councilmember Smith from the remote location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3.

CALL TO ORDER

PLEDGE OF ALLEGIANCE

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.

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.

1. Amend Resolution 24-051 C.S. to Reschedule the Date for Public Hearing to Consider the Levy of the Alvarado Street Maintenance Assessment from June 18, 2024 to July 16, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)

2. Amend Resolution No. 24-052 C.S. to Reschedule the Date for Public Hearing to Consider the Levy of the Calle Principal Maintenance Assessment from June 18, 2024 to July 16, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
***End of Consent Agenda***

PRESENTATIONS

3. Receive Presentation on the State of Our City’s Infrastructure Funding Needs (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.

ADJOURNMENT
5/29/2024 4:00:00 PM
3 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.gov/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. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months.

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

Voicemail: (831) 646-3799 Email: [email protected] Website: http://www.monterey.gov 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 communication-related 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
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Amend Resolution No. 24-051 C.S. to Reschedule the Date for Public Hearing to Consider the Levy of the Alvarado Street Maintenance Assessment from June 18, 2024 to July 16, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council amend Resolution No. 24-051 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

VALUE DRIVERS:

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. 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.

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

POLICY IMPLICATIONS:

This action continues a process the City has followed since 1986 that establishes an annual assessment to repair and maintain improvements, and to add to these improvements as necessary, to meet the original intent of the districts.

This action supports the Council’s value drivers of “working to improve the quality of life of our residents,” and “ensuring a level of economic vitality sufficient to support our quality of life and municipal infrastructure requirements” by maintaining Alvarado Street at a high standard conducive to commerce and public enjoyment of the downtown area.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS: None.

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: 5/29/2024
Item No.: 1.

Council Special Meeting, 5/29/2024, Item No. 1., Item Page 1, Packet Page 4 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:

City Council could decide not to amend Resolution No. 24-051 C.S. Without the Assessment District the City would not have dedicated funds to maintain the enhanced improvements on Alvarado Street at the same level of service. Additionally, if in the future the City wished to recreate a maintenance district it would require the additional work of establishing a new maintenance district, including conducting a vote by the property owners which could fail.

DISCUSSION:

The approval process requires 45 days prior to mailing of ballots and notice of a public hearing for this assessment. After the public hearing, if a majority protest is not received, Council will be asked to adopt a resolution certifying compliance with state law concerning the assessment and ordering that it be filed with the County Auditor's office prior to the County’s August 1, 2024, deadline. Due to a staff error in the Engineering Division, the noticing was not completed in time.

Therefore, staff recommends that the City Council amend Resolution No. 24-051 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

CH/mb
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association 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 Special Meeting, 5/29/2024, Item No. 1., Item Page 2, Packet Page 5 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№09/22
AMENDING RESOLUTION NO. 24-051 C.S. TO RESCHEDULE THE DATE FOR PUBLIC

HEARING TO CONSIDER THE LEVY OF THE ALVARADO STREET MAINTENANCE ASSESSMENT FROM JUNE 18, 2024 TO JULY 16, 2024
WHEREAS, the Alvarado Street Maintenance District was established in 1985 to maintain improvements and fund beneficial improvements on Alvarado Street; WHEREAS, the general description of the district boundaries is Alvarado Street between Munras and Del Monte Avenue, and Alvarado Mall between Del Monte Avenue and Custom House Plaza, City of Monterey, County of Monterey, State of California. The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements; WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels, according to the special benefits;
WHEREAS, this maintenance work will result in a special benefit to the properties assessed by maintaining landscaping, providing cleaning of sidewalks and litter pickup; WHEREAS, the Alvarado Street Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, the Alvarado Street Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; 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 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.

BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it amends Resolution No. 24-051 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, Council Special Meeting, 5/29/2024, Item No. 1., Item Page 3, Packet Page 6 2 City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject to a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written report with the Clerk of the City of Monterey prior to said hearing.

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 Special Meeting, 5/29/2024, Item No. 1., Item Page 4, Packet Page 7 Council
Agenda Report
№08/22
FROM: Andrea Renny, P.E., PTOE, Public Works Director
Prepared By: Cody Hennings, Engineering Assistant
SUBJECT: Amend Resolution No. 24-052 C.S. to Reschedule the Date for Public Hearing to Consider the Levy of the Calle Principal Maintenance Assessment from June 18, 2024 to July 16, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council amend Resolution No. 24-052 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

VALUE DRIVERS:

POLICY IMPLICATIONS:

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: No.

FISCAL IMPLICATIONS: None.

ENVIRONMENTAL DETERMINATION:

Council Special Meeting, 5/29/2024, Item No. 2., Item Page 1, Packet Page 8 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:

City Council could decide not amend Resolution No. 24-052 C.S. Without the Assessment district the City would not have dedicated funds to maintain the enhanced improvements on Alvarado Street at the same level of service. Additionally, if in the future the City wished to recreate a maintenance district it would require the additional work of establishing a new maintenance district, including conducting a vote by the property owners which could fail.

DISCUSSION:

Therefore, staff recommends that the City Council amend Resolution No. 24-052 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment.

CH/mb
Attachments: 1. Resolution
e: Peter Cofresi, Executive Director, Old Monterey Business Association 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 Special Meeting, 5/29/2024, Item No. 2., Item Page 2, Packet Page 9 RESOLUTION NO. - C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AMENDING RESOLUTION NO. 24-052 C.S. TO RESCHEDULE THE DATE FOR PUBLIC

HEARING TO CONSIDER THE LEVY OF THE CALLE PRINCIPAL MAINTENANCE ASSESSMENT FROM JUNE 18, 2024 TO JULY 16, 2024
WHEREAS, the Calle Principal Maintenance District was established in 2000 under the 1972 Landscaping and Lighting Act (Streets & Highways Code section 22500 et seq.), which authorizes the assessment to install, construct, and maintain landscaping, lighting, and park and recreational facilities, including graffiti removal on Calle Principal; WHEREAS, the general description of the district boundaries is Calle Principal between Del Monte Avenue and Polk Street in the City of Monterey, County of Monterey, State of California. The initial proceedings for formation of the district, on file in the office of the Clerk of the City of Monterey, are referred to for a detailed description of the district boundaries and improvements;
WHEREAS, the cost of the improvements has been reasonably apportioned among the benefitted parcels, according to the special benefits;
WHEREAS, this maintenance work will result in a special benefit to the properties assessed by maintaining landscaping, providing cleaning of sidewalks and litter pickup; WHEREAS, the Calle Principal Maintenance District has been renewed annually and has remained in effect since the establishment of the district; WHEREAS, all parcels that receive a special benefit are included in the district and the cost of the benefits are reasonably apportioned among the benefitted parcels according to special benefits;
WHEREAS, general benefits available to the public at large are not paid from special assessments;
WHEREAS, the Calle Principal Maintenance District funds maintenance, which contributes to a clean and safe environment conducive to commerce; 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 Council Special Meeting, 5/29/2024, Item No. 2., Item Page 3, Packet Page 10 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.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it amends Resolution No. 24-052 C.S. to reschedule the public hearing from June 18, 2024 at 4:00 p.m. to July 16, 2024 at 4:00 p.m. in the Council Chamber, Few Memorial Hall of Records, City Hall, Monterey, California to consider the levy of said assessment. The assessment is subject to a majority protest voting procedure. A majority protest is measured by the areas of the parcels owned by those who are not in favor of the assessment. Protest may be in writing only. All interested parties may also file a written report with the Clerk of the City of Monterey prior to said hearing.

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
2 Council Special Meeting, 5/29/2024, Item No. 2., Item Page 4, Packet Page 11 Council
Agenda Report
№09/24
FROM: Andrea Renny, Public Works Director
SUBJECT: Receive Presentation on the State of Our City’s Infrastructure Funding Needs (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a presentation from Staff regarding the condition of the City’s infrastructure funding needs.

VALUE DRIVERS:

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.

Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.

Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

POLICY IMPLICATIONS:

Receiving a presentation on the status of the City’s infrastructure funding needs would be consistent with City practice and policy.

CAMPAIGN DISCLOSURE REQUIREMENT (LEVINE ACT) APPLIES: [No.

FISCAL IMPLICATIONS:

There is no fiscal impact to receiving this presentation.

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 that 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: 5/29/2024
Item No.: 3.

Council Special Meeting, 5/29/2024, Item No. 3., Item Page 1, Packet Page 12 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 City Council could choose not to receive this presentation; however, that is not recommended.

DISCUSSION:

In preparation for adoption of the FY 2024/25 Capital Improvement Program (CIP) that includes a five-year program, Public Works Staff has prepared a presentation regarding the condition of the City’s infrastructure funding needs.

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 Special Meeting, 5/29/2024, Item No. 3., Item Page 2, Packet Page 13

Monterey City CouncilMay 29, 2024

Monterey City Council
May 29, 2024