Council Chamber
580 Pacific St.
Monterey, California
City Council Agenda
Council Regular Meeting
Amended Agenda
Tuesday, July 16, 2024
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.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/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 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 7/16/2024 4:00:00 PM
2 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.
***Afternoon Session Agenda ***
4:00 - 5:30 p.m.
CALL TO ORDER
PRESENTATIONS
1. Recognize July as Parks and Recreation Month 2024 (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. May 29, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
3. June 18, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts
4. Awarding a Construction Contract in the Amount of $1,528,360.00 to ASG Builders for the Citywide Signalized Intersection ADA Upgrades, Phase 3A (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP***
5. Awarding a Construction Contract in the Amount of $529,925 to Coastal Paving & Excavating, Inc. for the Citywide Road Rehabilitation Project, Phase 4 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***Measure P/S*** 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.
6. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes; and Authorize the City Manager to Execute an Agreement with the County of Monterey for the Collection of Assessments, Taxes, and Fees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
7/16/2024 4:00:00 PM
3 7. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the amount of $250,000 to the Sidewalk Repair Program (“Project”) and Approve an Amendment to the Job Order Contract with Precision Emprise, LLC dba Precision Concrete Cutting for On-Call Sidewalk Repair Projects by Increasing the Contract Funding Limit from $500,000 to $750,000 (Exempt from CEQA, Article 19, Section 15301, Class 1)
8. Authorize the City Manager to Enter Into a Memorandum of Understanding with Central Coast Overdose Prevention for Naloxone (NARCAN®) Distribution Boxes (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
9. Award Two Citywide Fuel Reduction Job Order Contracts 2024 in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. (Mitigated Negative Declaration approved on October 25, 2022)
10. Approve Participation in the Nationwide Opioid Litigation Settlement with Kroger and Authorize the City Manager to Execute the Participation and Subdivision Agreements, and Request Direct Payments to the City (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: Wharf II North Pump House; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); Under Negotiation: Price and Terms of Payment for Assignment of Lease (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
*** 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.)
12. Amend Engineer's Report and Confirm Alvarado Street Maintenance District 85-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
13. Amend Engineer's Report and Confirm Calle Principal Maintenance District 00-1 Area and the Reduced Assessment Proposed in the Amended Engineer’s Report for Fiscal Year 2024/2025 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
14. Open a Public Hearing to Receive Protests Related to the Collection of Sewer Service Charges on the Property Tax Roll for Fiscal Year 2024-25, Approve the Annual Rate Report of Sewer Charges for FY 2024-25, and Adopt a Resolution Authorizing the Collection of FY 2024-25 Sewer Charges on the Tax Roll if a Majority Protest Does Not Exist (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
7/16/2024 4:00:00 PM
4 *** Adjourn to Closed Session (See additional agenda) *** The City Council will take public comments on closed session items before convening to closed session.
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
ADJOURN TO JOINT SPECIAL MEETING AND ESTABLISH QUORUM OF THE
PLANNING COMMISSION
Planning Commissioners: Mike Dawson, Chair; Robert Bluth, Vice Chair; Mike Brassfield; Daniel Fletcher; Sandra Freeman; Terry Latasa; and Peter Silva
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.)
15. I. Planning Commission Adopt a Resolution Recommending that the City Council:
A. Certify the Program Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan Update in accordance with CEQA Article 7, Section 15090;
B. Adopt Environmental Findings, Statement of Overriding Consideration, and Mitigation and Monitoring Program; and
C. Approve the Monterey 2031 General Plan Update to the Housing (2023-2031), Land Use, Circulation, and Safety Elements
II. City Council Consider Planning Commission Recommendation and Adopt Resolutions to:
A. Certify the Program Environmental Impact Report (EIR) prepared for the Monterey 2031 General Plan Update in accordance with CEQA Article 7, Section 15090;
B. Adopt Environmental Findings, Statement of Overriding Consideration, and Mitigation and Monitoring Program; and
C. Approve the Monterey 2031 General Plan Update to the Housing (2023-2031), Land Use, Circulation, and Safety Elements
Note: The Elements Contain Revised Land Use Designations which will Lead to Future Rezoning and Will Affect Individual Property Owners
ADJOURN TO CITY COUNCIL REGULAR MEETING
7/16/2024 4:00:00 PM
5 PUBLIC APPEARANCE (EVE)
Public Appearance items are on non-routine issues that might stimulate public interest and comments.
16. Adopt a Resolution Adding Charter Amendments to the Ballot to Ask the Voters of the City of Monterey to (1) Make Clerical and Technical Updates; (2) Specify Starting and Ending Dates for Terms of Office for the Mayor and City Council; (3) Impose 12-year Term Limits; and (4) Authorize Leases of Real Property Nonprofit Organizations, Governmental Entities, or Educational Institutions on Terms and Rates that Serve Community Benefit (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
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.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 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