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Council Regular Meeting

Regular Meeting

Monterey, CA · October 3, 2023

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 3, 2023 4:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Barber, Haffa, Smith, Williamson Absent: Garcia City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Public Works Director, City Clerk, Parks Supervisor, Deputy Public Works Director/City Engineer, Parks Operations Manager, Engineering Assistant, Senior Accountant ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting remotely. PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. PRESENTATIONS City Clerk Klein announced the procedures for making public comment as described in full on the Council agenda. 1. Presentation on Blue Zones Project (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Tanja Roos, of Blue Zones Project Monterey County, gave the staff presentation and answered Councilmembers' questions. Public comment was received from Nina Beety, who discussed safety concerns about military pollution at Fort Ord and wifi exposure. 2. Receive a Presentation Regarding a Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Deputy Public Works Director Easterling gave the staff presentation and answered Councilmembers' questions together with Public Works Director Renny. Public comment was received from Tanja Roos, of Blue Zones Project Monterey County, who spoke in support of a crosswalk policy and "Vision Zero"; Nina Beety, who expressed safety City Council Minutes October 3, 2023 concerns with crossing at the post office; and Lorna Moffat, who requested a system of pedestrian-led red light buttons at intersections. During public comments, Mayor Williamson left the Chamber at 4:45 p.m. and returned at 4:47 p.m. The Council discussed the matter. It was expressed that pedestrian and bicycle safety was a very high priority. Support was expressed for the City doing crosswalks as safely and smartly as possible, and increasing public education about intersection safety. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Chandler Roland, Steve Lightfoot, Dustyn Wilson, Nina Beety, Lorna Moffat, and Phillip Bezouska. CONSENT ITEMS Nina Beety and Lorna Moffat requested to pull Item 5 from Consent. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT ITEMS except Item 5: AYES: 4 COUNCILMEMBERS: Barber, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Garcia ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 3. September 19, 2023 Regular Meeting (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Approved (4-0-1, Councilmember Garcia absent) Award of Construction Contracts 4. Award a Construction Contract in the Amount of $4,782,430 to McKim Corporation for the Citywide Road Surface Repair Project, Phase 5 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** Action: Adopted Resolution No. 23-113 C.S. (4-0-1, Councilmember Garcia absent) Resolutions 5. Authorize Application for and Acceptance of Grant Funds from the State Department of Forestry and Fire Protection (CAL FIRE) for Implementation of the Greenbelt Fuel Reduction Action Plan, Authorize an Increase in FY24 and FY25 Annual Revenues by $400,000, Appropriate Grant Funds, Appropriate Annual Matching Funds of $75,000, and Authorize the City Manager to Execute the Grant Agreement with CAL FIRE (Approved Supplemental Initial Study Mitigated Negative Declaration) Action: Pulled from Consent; Adopted Resolution No. 23-114 C.S. (4-0-1, Councilmember Garcia absent) City Manager Uslar gave a brief verbal report and answered Councilmembers' questions. 2 City Council Minutes October 3, 2023 Public comment was received from Esther Malkin, who requested greenbelt fuel reduction at Laguna Grande Regional Park, and from Lorna Moffat and Nina Beety, who expressed concerns with tree removal. On question from Council, City Manager Uslar clarified that Laguna Grande Regional Park did not qualify as a greenbelt according to official designations, but received regular budgeted maintenance following nesting season. He clarified that fuel reduction meant the removal of underbrush, not trees. A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to adopt Resolution No. 23-114 C.S. to Authorize the Application for and Acceptance of Grant Funds from the State Department of Forestry and Fire Protection (CAL FIRE) for Implementation of the Greenbelt Fuel Reduction Action Plan, Authorize an Increase in FY24 and FY25 Annual Revenues by $400,000, Appropriate Grant Funds, Appropriate Annual Matching Funds of $75,000, and Authorize the City Manager to Execute the Grant Agreement with CAL FIRE. It was requested by the Council to receive more regular reports from the Laguna Grande Regional Park Joint Powers Agency (JPA). The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barber, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Garcia ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. Authorize the City Manager to Accept State of California Office of Traffic Safety Grant for Regional Crash Response and Extrication Improvement Program and Appropriate the Grant Monies to Purchase Extrication Tools (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Adopted Resolution No. 23-115 C.S. (4-0-1, Councilmember Garcia absent) *** End of Consent Agenda *** COUNCIL COMMENTS Councilmember Smith reminded everyone to report safety concerns timely. He shared that he had attended the League of California Cities ("Cal Cities") conference and reported on the trainings and meetings that he had attended at the conference, saying that with no resolutions under consideration, the annual General Assembly had been canceled for the year. Councilmember Barber reported details of her sister city visit to Lankaran, Azerbaijan, from which she had just returned. She explained that she had been honored to represent the City of Monterey, and many cases the United States, at a United Nations event. She promised to share photos of the experience and expressed enthusiasm about the ability for the City to collaborate with other jurisdictions, including in other nations, on important shared concerns. She expressed gratitude for the experience and for the kindness of her hosts in Azerbaijan. Councilmember Haffa reported that he had met with a group of residents in the Skyline area regarding their safety concerns with access to Highway 68. He said that a traffic study with 3 City Council Minutes October 3, 2023 TAMC would help to determine whether a traffic light at the location would be feasible. He said that some neighborhood associations may not be doing as much outreach and communication as they should, and not holding annual elections. Mayor Williamson also reported from the Cal Cities conference, and said he finished his term as president of the LGBTQ caucus. He encouraged everyone to stay aware of lies being spread to promote the Business Roundtable tax measure. He discussed fire hazards and recent fires at the Laguna Grande Regional Park and said that he didn't want residents to worry for their safety. He reported from Monterey One Water ("M1W"), stating that the Injection Well Phase 4 construction contract had recently been awarded, and should be completed on schedule. He said that M1W's negotiating agreement had been approved with California American Water ("Cal Am") for water outfall. He said that Salinas had requested to change the weighted vote structure of the M1W board of directors. He said that a delegation from the City's sister city Nanao, Japan, had visited the prior week, and expressed appreciation for the hard work done by the local committee on that sister city relationship. CITY MANAGER REPORTS City Manager Uslar said that the Laguna Grande Regional Park Plan webpage on the City's "Have Your Say Monterey" engagement portal had been updated, and encouraged interested people to sign up for updates. He invited all to an event at the Waterfront Parking Lot on October 6, 2023. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code Section 54956.9(d)(2), (e)(2): 5 Cases - Transient Occupancy Tax Audit Deficiency Finding Disputes with Wave Street Inn, Hotel Pacific, Monterey Marriott, Hotel 1110, and Merritt House Inn (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote (4-0-1, with Councilmember Garcia absent), the Council gave confidential direction to its legal counsel ADJOURNMENT The Council adjourned at 5:56 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 4

Agenda

City Council Tyller Williamson, Mayor Kim Barber, Councilmember, City Council Agenda District 1 Council Regular Meeting Gino Garcia, Councilmember Alan Haffa, Councilmember Tuesday, October 3, 2023 Ed Smith, Councilmember, District 2 4:00 PM – 5:30 PM Council Chamber 580 Pacific Street City Manager Monterey, California Hans Uslar How to participate in this meeting:  Written comment: Members of the public may submit comment(s) to cityclerk@monterey.org 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://monterey- org.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). ***Afternoon Session Agenda *** 4:00 - 5:30 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Presentation on Blue Zones Project (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) 2. Receive a Presentation Regarding a Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 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 10/3/2023 4:00:00 PM 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. The Mayor will request that persons wishing to speak line up at the podium or use the “raise hand” function in Zoom to determine the number of persons interested in speaking before each Public Hearing item. The amount of time for public comment on each Public Hearing item will be determined based on the number of persons interested in speaking. The maximum time allotted for public comment is 30 minutes on each item. In exceptional circumstances and when necessary to ensure full opportunity for public input, the Mayor may, with City Council consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. 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 3. September 19, 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 Construction Contract in the Amount of $4,782,430 to McKim Corporation for the Citywide Road Surface Repair Project, Phase 5 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** 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." 5. Authorize Application for and Acceptance of Grant Funds from the State Department of Forestry and Fire Protection (CAL FIRE) for Implementation of the Greenbelt Fuel Reduction Action Plan, Authorize an Increase in FY24 and FY25 Annual Revenues by $400,000, Appropriate Grant Funds, Appropriate Annual Matching Funds of $75,000, and Authorize the City Manager to Execute the Grant Agreement with CAL FIRE (Approved Supplemental Initial Study Mitigated Negative Declaration) 6. Authorize the City Manager to Accept State of California Office of Traffic Safety Grant for Regional Crash Response and Extrication Improvement Program and Appropriate the Grant Monies to Purchase Extrication Tools (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) *** End of Consent Agenda *** 2 10/3/2023 4:00:00 PM 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 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. 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: suggest@monterey.org 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 cityclerk@monterey.org 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 cityclerk@monterey.org 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 3

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