Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 18, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Garcia, Haffa, Smith, Williamson Absent: Barber City Staff City Manager, Assistant City Manager, City Attorney, Police Chief, Police Present: Lieutenant, Parks and Recreation Director, Finance Director, Public Works Director, City Clerk, Associate Civil Engineer, Senior Engineer, Senior Engineer, Engineering Assistant, Engineering Assistant, Planning Manager, Recreation Manager, Recreation Facility Worker (x2) Monterey Sports Center (“MSC”) Specialty Class Instructor, MSC Facility Coordinator, Administrative Assistant (MSC), MSC Senior Facility Specialist, Recreation Coordinator (x2), Administrative Assistant (Recreation), Sports Coordinator ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting virtually. PRESENTATIONS 1. Recognize July as Parks and Recreation Month and Receive Update on Programs (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized July as Parks and Recreation Month Parks and Recreation Director Larson gave the staff presentation and gave a brief overview of current Parks and Recreation programs. Public comment was not received. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Steve Lightfoot, Sherna Stewart, and Claire Fuerst. CONSENT ITEMS Items 8 and 15 were pulled at the request of Council. Public comment on the Consent Items was not received. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS, except Items 8 and 15: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None)  City Council Minutes July 18, 2023 Approval of Minutes 2. June 20, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Barber absent) Award of Construction Contracts 3. Award a Sole Source Contract to Refrigeration Supplies Distributor in the Amount of $384,970.00 for the Replace NAE NCE Controllers Project (POM 22031) (NEPA Categorical Exclusion (32 CFR Part 651), CEQA Not a Project) Action: Adopted Resolution No. 23-074 C.S. (4-0-1, Councilmember Barber absent) 4. Award a Job Order Contract to Precision Emprise, LLC dba Precision Concrete Cutting in the amount of $500,000 for On-Call Sidewalk Repair Projects (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 23-075 C.S. (4-0-1, Councilmember Barber absent) Ordinances 5. 2nd Reading by Title Only of an Ordinance to Amend Chapter 25, Section 12.04(b) of Monterey City Code, "Holidays Observed," to add the Juneteenth Holiday (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Ordinance No. 3665 C.S. (4-0-1, Councilmember Barber absent) 6. 1st Reading by Title Only of an Ordinance to Implement a Clerical/Technical Update to Chapter 14, Garbage and Refuse, Article, 1, Section 14-8(5) "Penalty Amounts for Types of Violations" (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to print (4-0-1, Councilmember Barber absent) 7. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-4 to Add an Exception to Purchasing Requirements for New and Replacement Vehicles (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed Ordinance to print (4-0-1, Councilmember Barber absent) Resolutions 8. Authorize the City Manager to Enter into an Agreement with the Federal Highway Administration (FHWA) to accept Safe Streets and Roads for All Action Planning Grant Funds, Amend Resolution 23-069 to Include the City of Monterey Local Road Safety Plan Project in the Capital Improvement Program and Authorize an Increase of FY24 Revenue and Appropriation of $200,000 in Grant Reimbursement Funds to the Project ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 23-076 C.S. (4-0-1, Councilmember Barber absent) Engineering Assistant II Garcia gave a brief verbal presentation and answered Councilmembers' questions. Public comment was not received. The Council remarked that the Public Works department is achieving great work in pursuing and receiving grants that improve traffic safety. 2  City Council Minutes July 18, 2023 On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 23-076 C.S.: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Authorize the Finance Director to appropriate $40,000 from the Neighborhood and Community Improvement Program (NCIP) Contingency Account to the Old Capitol Site Master Plan project and Award a Professional Services Agreement for the Preparation of the Old Capitol Site Master Plan to BFS Landscape Architects in the Amount Not-to-Exceed $115,000. ***NCIP*** (Not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378) Action: Adopted Resolution No. 23-077 C.S. (4-0-1, Councilmember Barber absent) 10. Award Two Professional Services Agreements in the Amount of $500,000 Each for On-Call Professional Assessment, Engineering, Environmental, and Construction Support Services for Programmatic Repairs to Municipal Wharves in the City of Monterey to: (1) COWI North America, Inc.; and (2) Foth & Van Dyke and Associates, Inc. ***CIP/NCIP *** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 23-078 and 23-079 C.S. (4-0-1, Councilmember Barber absent) 11. Approve the Memorandum of Understanding (MOU) for the Management Employees’ Association (MEA) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-080 C.S. (4-0-1, Councilmember Barber absent) 12. Approve the Memorandum of Understanding (MOU) for the Monterey Police Association (MPA) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-081 C.S. (4-0-1, Councilmember Barber absent) Other 13. Receive Mayor’s Recommendation and Appoint Julie Tilley Barlow to the Historic Preservation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Julie Tilley Barlow to the Historic Preservation Commission for a term expiring June 30, 2027 (4-0-1, Councilmember Barber absent) 14. Authorize the Mayor to Sign a Letter on Behalf of the City Council supporting SB 326 (Eggman) Behavioral Health Services Act, and AB 531 (Irwin) Behavioral Health Infrastructure Bond Act of 2023 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved letter (4-0-1, Councilmember Barber absent) 15. Authorize the Mayor to Sign a Letter on Behalf of the City Opposing AB 504 (Reyes), Proposed Legislation Would Create a System Where Nearly Any City Employee Can Sympathy Strike Regardless of Their Job Duties (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; No action taken 3  City Council Minutes July 18, 2023 Human Resources Director Neal gave a brief verbal presentation and answered Councilmembers' questions. Public comment was not received. The Council made comments in favor of employees' right to engage in labor actions, and stressing the importance of unions and bargaining groups to stand in solidarity with colleagues if there is an issue important enough to compel them to do so. An opposing viewpoint was shared that stressed a concern about city operations shutting down in the case of strikes with add-on sympathy strikes. A motion was introduced by Councilmember Smith to authorize the Mayor to sign the letter. The motion died for lack of a second. *** End of Consent Agenda *** PUBLIC HEARING 16. Adopting a Resolution Establishing Objective Design Standards for the Downtown and Lighthouse Specific Plans and Amending the Plans to Clarify Visitor Accommodation Facility District Requirements, Adding Massage Establishment Requirements and Definition, Adding Fence and Wall Requirements, Adding Makerspace Use Classification and Definition, Clarifying Residential Minor and Major (First Floor; Four Units or More) Requirements, Adding New Subdivision Minimum Lot Size and Width Requirements, Updating Streetscape Lighting Requirements, and Amending the Utility-Major Definition to Include Water Facilities (Exempt from CEQA Article 19, Section 15305, Class 5) -- Continued from June 20, 2023 Action: Adopted Resolution No. 23-082 C.S. (4-0-1, Councilmember Barber absent) Principal Planner Roveri gave the staff presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 23-082 C.S.: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 17. Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-083 C.S. (4-0-1, Councilmember Barber absent) Acting City Engineer Harty gave the staff presentation and answered Councilmembers' questions. Public comment was not received. City Clerk Klein and Administrative Assistant Momini (Public Works) performed the count of the sealed ballots. City Clerk Klein announced that the result of the tally was a majority "yes." 4  City Council Minutes July 18, 2023 On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 23-083 C.S. to Confirm Alvarado Street Maintenance District 85-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 18. Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-084 C.S. (3-0-1-1, Councilmember Barber absent and Councilmember Smith abstaining) Councilmember Smith stated that he would abstain from the vote due to the location of his office in the district. He left the Chamber at 5:11 p.m. Public comment was not received. City Clerk Klein and Administrative Assistant Momini (Public Works) performed the count of the sealed ballots. City Clerk Klein announced that the result of the tally was a majority "yes." On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 23-084 C.S. to Confirm Calle Principal Maintenance District 00-1 Area and Assessment Proposed in Engineer’s Report for Fiscal Year 2023/2024: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 1 COUNCILMEMBERS: Smith RECUSED: 0 COUNCILMEMBERS: (None) Councilmember Smith returned to the Chamber at 5:17 p.m. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session items was not received. The Council adjourned to closed session at 5:18 p.m. RECONVENE The Council reconvened at 7:12 p.m. with the Council present as highlighted in the afternoon roll call. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Lorna Moffat and Dan Turner. 5  City Council Minutes July 18, 2023 ANNOUNCEMENTS FROM CLOSED SESSION City Clerk Klein announced: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Impasse Binding Arbitration Pursuant to Charter Section 5.4, Monterey Fire Fighter Association / International Association of Fire Fighters Local 3707 v. City of Monterey, State of California Public Employment Relations Board CSMCS Case No. ARB-22-0230 Action: No reportable action taken cs 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Continued to the end of the evening session PUBLIC APPEARANCE (EVE) 19. Adopt Resolution Adopting the Lead Me Home 5-Year Plan Update by the Coalition of Homeless Service Providers (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-085 C.S. (4-0-1, Councilmember Barber absent) Genevieve Lucas-Conwell, of the Coalition of Homeless Services Providers, gave the presentation and answered Councilmembers' questions. Public comment was received from: Lorna Moffat, who asked that the unhoused be allowed to sleep at the fairgrounds in the upcoming winter; and Esther Malkin, who said that shelters need to allow people to bring their pets with them, and highlighted the link between the working homeless community and the unaffordability of rent. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to adopt Resolution No. 23-085 C.S. The Council remarked positively about the work of the Coalition of Homeless Services Providers and Monterey Police Department's Multi-Disciplinary Outreach Team ("MDOT"). It was stated that there was a need to dig further into how to prevent homelessness in the first place and further into the "housing first" model, and to consider how to address the breadth of the living situations considered as homelessness. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 20. Adopt Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-086 C.S. (4-0-1, Councilmember Barber absent) 6 City Council Minutes July 18, 2023 Councilmember Smith left the Chamber at 8:16 p.m. City Manager Uslar made a brief verbal report. Public comment was not received. Councilmember Smith returned at 8:17 p.m. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution 23-086 C.S. Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith spoke about the enjoyable Independence Day celebrations on July 4. Councilmember Haffa shared that Community Human Services would shortly hold its annual luncheon celebration. He shared his pleasure at attending the recent Pride parade. He spoke about the upcoming closure of the Presidio childcare center as a significant concern and asked to learn more from the City Manager what the City can do to resolve the situation. He expressed gratitude for the Recreation programs and how they benefit families. Mayor Williamson reported on Monterey One Water (M1W), stating that a loan was approved from the federal government to expand the Pure Water Monterey Project. He said that construction contracts had been awarded and that the expansion work would start over the next few months. He shared that he attended a Cal Cities conference and stated that residents should pay close attention to the funders of Initiative 21-0042A1, the "Taxpayer Protection and Government Accountability Act." CITY MANAGER REPORTS City Manager Uslar reported that firefighters who had been sent to the Rabbit Fire had returned home. He shared that Monterey Sports Center hours would be expanding July 31. He said that the City would host an open house about the draft Housing Element and scoping plan for the draft Environmental Impact Review (EIR) on August 7. The Council adjourned to closed session at 8:24 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Continued to August 1, 2023 (3-1-1, with Councilmember Barber absent and Councilmember Smith voting no) ADJOURNMENT The Council adjourned at 9:21 p.m. 7 City Council Minutes July 18, 2023 Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8