Council Regular Meeting
Regular MeetingMonterey, CA · January 16, 2024
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, January 16, 2024
4:00-6:20 PM
COUNCIL CHAMBER, 580 PACIFIC ST.
MONTEREY, CALIFORNIA
Councilmembers
Present: Barber, Garcia, Haffa (arrived at 4:01 p.m.), Smith, Williamson
Absent: None
City Staff City Manager, Assistant City Manager, City Attorney, Parks and
Present: Recreation Director, Finance Director, Human Resources Director, Public
Works Director, City Clerk, Police Lieutenant, Parks Operations
Manager, Engineering Assistant, Engineering Assistant, Deputy Public
Works Director/City Engineer, Environmental Regulations Manager,
Senior Engineer, Deputy Human Resources Manager
***Afternoon Session Agenda ***
CALL TO ORDER
Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with
the Council present except for Councilmember Haffa. Councilmember Haffa arrived at 4:01 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.
GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Chandler Roland, Steve
Lightfoot, Dana Russell of the Monterey Peninsula Nanao Friendship Association, Dr. Marshall
T. Fulbright of Monterey Peninsula College, Shay Balesteri of the General Employees of
Monterey, Bob Faulis, and Esther Malkin.
CONSENT AGENDA
Mayor Williamson stated that Item 9 had been requested to be pulled from the Consent Agenda
by a member of the public.
Public comment on the Consent Items was received from Dennis McCarthy, of the Rotary Club
of Monterey, who spoke in favor of allocating funds to the Monterey Peninsula Nanao
Friendship Association to assist with relief efforts for the recent 7.6 magnitude earthquake that
struck western Japan on January 1, 2024 (Agenda Item 12). Former Mayor Albert spoke from
the audience offering to answer questions regarding the relationship between the cities of
Monterey and Nanao.
On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the
following vote, the City Council approved the CONSENT AGENDA, except Item 9, and with
Councilmember Smith registering a "no" vote on Item 7:
City Council Minutes January 16, 2024
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
1. December 5, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378
and under General Rule Article 5 Section 15061)
Action: Approved
2. December 15, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378
and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts
3. Award a Job Order Contract for Elevator/Escalator Maintenance and Repair for
Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Kone, 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 ***
Action: Adopted Resolution No. 24-001 C.S.
4. Award a Job Order Contract for Elevator/Escalator Maintenance and Repairs for City Projects in
the Amount of $1,000,000.00 to Kone, Inc. (Not a project under CEQA Article 20, Section
15378 and under General Rule Article 5, Section 15061) ***CIP/NCIP***
Action: Adopted Resolution No. 24-002 C.S.
5. Award Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers in the
Amount of $377,470 for Stormwater Diversion-To-Sewer Infrastructure Projects Design
Services in the City of Monterey ***CIP *** (Exempt from CEQA, Article 19, Section 15306,
Class 6)
Action: Adopted Resolution No. 24-003 C.S.
Ordinances
6. 2nd Reading of an Ordinance Amending Chapter 38 of the City of Monterey Code Related to
Visitor Accommodation Facility Parking Standards (38-36A), Off-Street Parking and Loading
Spaces (38-115), Offstreet Parking and Loading Standards (38-115) and reduced Parking for
Other Uses (38-117) (CEQA: Environmental Impact Report certified)
Action: Adopted Ordinance No. 3678 C.S.
7. 2nd Reading of an Ordinance - Cannabis Business Ordinance Update (Not a Project under
CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Ordinance No. 3679 C.S. (4-1, Councilmember Smith voting no)
Resolutions
8. Authorize the City Manager to Enter into a Funding Agreement with the Monterey Peninsula
Water Management District (MPWMD) to Accept a Grant in the Amount of $500,000, Authorize
and Designate a Representative for the Olivier Street Stormwater Diversion Project, and
Authorize an Increase of FY24 Revenue in the CIP-State Funding Source Fund and
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City Council Minutes January 16, 2024
Expenditure Appropriation to the Olivier Street Urban Stormwater Diversion Project (CIP2416)
in the Capital Projects Fund ***CIP*** (Exempt from CEQA, Article 19, Section 15306, Class 6)
Action: Adopted Resolution No. 24-004 C.S.
9. Award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to Town &
Country Gardening & Landscaping, Inc. (Not a project under CEQA Article 20, Section 15378
and under General Rule Article 5, Section 15061)
Action: Pulled from Consent; Continued to February 6, 2024
On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the
following vote, the City Council continued the matter to the next regular Council meeting:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
10. Award a Professional Services Agreement in the Amount of $242,500 to Watry Design, Inc. for
Building Condition Assessments – Parking Garages ***CIP *** (Exempt from CEQA, Article 19,
Section 15306, Class 6)
Action: Adopted Resolution No. 24-006 C.S.
11. Award a Professional Services Agreement in the Amount of $249,983.86 to Kimley-Horn and
Associates, Inc. for the Development of the Local Road Safety Plan ***CIP*** (Not a project
under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-007 C.S.
12. Appropriation of $25,000 from Unassigned Fund Balance to the Monterey Peninsula Nanao
Friendship Association (MPNFA) (Not a project under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-008 C.S.
Other
13. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting the Application by
the Transportation Agency for Monterey County (TAMC) to the California Department of
Transportation (Caltrans) Sustainable Transportation Planning Grant for the Monterey County
2025 Active Transportation Plan and Level of Traffic Stress Analysis (Not a Project Under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Authorized the Mayor to Sign the Letter
14. Receive Mayor’s Recommendation and Appoint Hans Jannasch to the Neighborhood and
Community Improvement Program Committee (Not a Project under CEQA per Article 20,
Section 15378 and Under General Rule Article 19, Section 15061)
Action: Appointed Hans Jannasch as the Monterey Vista Neighborhood Representative
to the Neighborhood and Community Improvement Program (NCIP) Committee for a term
expiring June 30, 2028
*** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda
The Council adjourned to the meeting of the Ocean View CSD.
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City Council Minutes January 16, 2024
15. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA
Article 20, Section 15378 and General Rule Article 5, Section 15061)
Action: Received report
Bob Faulis provided public comment, giving an update on the Cannery Row Project's legal
proceedings against the Coastal Commission, and asked the Council to consider writing a letter
of support.
Adjourn to City Council Meeting
The CSD board convened to the Council meeting.
COUNCIL COMMENTS
Councilmember Smith said he had enjoyed time with family over the holidays, and wished
everyone a happy New Year. He said that the Council's responsibilities on outside boards were
ramping back up, and encouraged members of the public to engage and participate in the
activities of the various boards that affect and represent Monterey.
Councilmember Haffa reported that he had attended the Association of Monterey Bay Area
Governments (AMBAG) meeting the prior week, and reported that while Council had previously
learned that a REAP grant had been received to assist with the affordable housing project, at
the AMBAG meeting the Director had announced that due to serious State budget deficits, the
proposed State budget might cut those grants by 50%.
CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) ***
Public comment on the closed session was not received. The Council adjourned to closed
session at 4:38 p.m. in the memory of Phil J. Maestas, following a brief remembrance by Mayor
Williamson.
The Council adjourned to closed session at 4:38 p.m. in the memory of Phil J. Maestas,
following a brief remembrance by Mayor Williamson.
ADJOURNMENT
The Council adjourned at 6:20 p.m.
REPORT FROM CLOSED SESSION
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
Fighters 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 (Not a
Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to their
legal counsel
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City Council Minutes January 16, 2024
cs2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section
54956.9(d)(1):
1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No.
23CV001205)
2. Jhonrico Carr v. City of Monterey, et al. (Monterey County Superior Court Case No.
23CV003171)
3. Lynne Denley v. City of Monterey, et al. (Monterey County Superior Court Case No.
23CV000133)
4. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of
California Case No. 22-CV-07540)
5. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No.
23CV000879)
6. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
7. Jackson Sherry v. City of Monterey (United States District Court, Northern District of
California, San Jose Division, Case No. 5:23-CV-03903-SVK)
8. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior
Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)
9. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case
No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of
California Case No. S283051)
10. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No.
CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District
Court of Appeal, Division 1, Case No. D082763)
11. Cynthia Wills v. City of Monterey (United States District Court, Northern District of
California, San Francisco Division Case No. 21-CV-01998 EMC)
12. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No.
22CV002243)
13. Marina Vargas Garcia v. City of Monterey (Monterey County Superior Court Case No.
23CV002501)
14. Jeremiah Ruttschow v. City of Monterey (Workers Compensation Appeals Board Case
Nos. ADJ17283108 and ADJ14918286)
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section
15061)
Action: The Council took no reportable action in cases 1 through 13; On a unanimous
roll call vote, the Council gave confidential direction to legal counsel regarding case 14
(Ruttschow)
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor
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Agenda
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
City Council Agenda District 1
Council Regular Meeting Gino Garcia, Councilmember
Alan Haffa, Councilmember
Tuesday, January 16, 2024 Ed Smith, Councilmember,
District 2
4:00 PM – 6:00 PM
Council Chamber,
580 Pacific St. 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-
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software must be used.
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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.
1/16/2024 4:00:00 PM
***Afternoon Session Agenda ***
4:00 - 6:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
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
1. December 5, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section
15378 and under General Rule Article 5 Section 15061)
2. December 15, 2023 Special Meeting (Not a project under CEQA per Article 20 Section
15378 and under General Rule Article 5 Section 15061)
Award of Construction Contracts
3. Award a Job Order Contract for Elevator/Escalator Maintenance and Repair for
Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Kone,
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 ***
4. Award a Job Order Contract for Elevator/Escalator Maintenance and Repairs for City
Projects in the Amount of $1,000,000.00 to Kone, Inc. (Not a project under CEQA Article
20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NCIP***
5. Award Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers
in the Amount of $377,470 for Stormwater Diversion-To-Sewer Infrastructure Projects
Design Services in the City of Monterey ***CIP *** (Exempt from CEQA, Article 19,
Section 15306, Class 6)
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.
6. 2nd Reading of an Ordinance Amending Chapter 38 of the City of Monterey Code
Related to Visitor Accommodation Facility Parking Standards (38-36A), Off-Street
Parking and Loading Spaces (38-115), Offstreet Parking and Loading Standards (38-115)
and reduced Parking for Other Uses (38-117) (CEQA: Environmental Impact Report
certified)
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1/16/2024 4:00:00 PM
7. 2nd Reading of an Ordinance - Cannabis Business Ordinance Update (Not a Project
under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section
15061)
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.
8. Authorize the City Manager to Enter into a Funding Agreement with the Monterey
Peninsula Water Management District (MPWMD) to Accept a Grant in the Amount of
$500,000, Authorize and Designate a Representative for the Olivier Street Stormwater
Diversion Project, and Authorize an Increase of FY24 Revenue in the CIP-State Funding
Source Fund and Expenditure Appropriation to the Olivier Street Urban Stormwater
Diversion Project (CIP2416) in the Capital Projects Fund ***CIP*** (Exempt from CEQA,
Article 19, Section 15306, Class 6)
9. Award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to
Town & Country Gardening & Landscaping, Inc. (Not a project under CEQA Article 20,
Section 15378 and under General Rule Article 5, Section 15061)
10. Award a Professional Services Agreement in the Amount of $242,500 to Watry Design,
Inc. for Building Condition Assessments – Parking Garages ***CIP *** (Exempt from
CEQA, Article 19, Section 15306, Class 6)
11. Award a Professional Services Agreement in the Amount of $249,983.86 to Kimley-Horn
and Associates, Inc. for the Development of the Local Road Safety Plan ***CIP*** (Not a
project under CEQA Article 20, Section 15378 and under General Rule Article 5,
Section 15061)
12. Appropriation of $25,000 from Unassigned Fund Balance to the Monterey Peninsula
Nanao Friendship Association (MPNFA) (Not a project under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)
Other
13. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting the
Application by the Transportation Agency for Monterey County (TAMC) to the California
Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for
the Monterey County 2025 Active Transportation Plan and Level of Traffic Stress
Analysis (Not a Project Under CEQA per Article 20, Section 15378 and Under General
Rule Article 5, Section 15061)
14. Receive Mayor’s Recommendation and Appoint Hans Jannasch to the Neighborhood
and Community Improvement Program Committee (Not a Project under CEQA per
Article 20, Section 15378 and Under General Rule Article 19, Section 15061)
*** End of Consent Agenda ***
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1/16/2024 4:00:00 PM
Adjourn to Ocean View Community Services District Meeting: Consent Agenda
This is a separate legal body of the City that oversees the operations of the Ocean View
Community Services District desalinization plant. All matters listed under Consent Agenda
are routine and will be adopted by one motion unless a member of the CSD or the public
requests discussion or a separate vote.
15. Receive Ocean View Community Services District Quarterly Report (Not a Project under
CEQA Article 20, Section 15378 and General Rule Article 5, Section 15061)
Adjourn to City Council Meeting
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.
*** Adjourn to Closed Session (See additional agenda) ***
The City Council will take public comments on closed session items before convening to
closed session.
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 Email: suggest@monterey.org Website: 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
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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
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Upcoming city meetings are listed at http://isearchmonterey.org
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1/16/2024 4:00:00 PM
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