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Council Regular Meeting

Regular Meeting

Monterey, CA · March 5, 2024

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 5, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Public Works Director, City Clerk, Planning Manager, Deputy Public Works Director/City Engineer, Harbormaster, Fleet Manager, Parks Operations Manager, Chief Information Officer ***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 as indicated above. PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. PRESENTATIONS 1. Recognize March 2024 as Women’s History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized March 2024 as Women's History Month Mayor Williamson read the proclamation. Public comment was not received. 2. Receive a Presentation from Monterey-Salinas Transit District (MST) on the MST Transit- Oriented Development Planning Study (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Michelle Overmeyer, of Monterey-Salinas Transit (MST), and Mike Iswalt, of Kimley-Horn and Associates, gave the presentation and answered Councilmembers' questions. Public comment was received from: Lorna Moffat and Jean Rasch, who suggested improving existing services and using the railway to add light rail service instead of adding the proposed SURF! Busway; and Maiaika Velazquez, of the Monterey Peninsula Unified School District Board of Directors, who spoke about the transportation needs of elders in the community. The Council discussed the matter. It was stated that it was important for residents to advocate and organize with likeminded people in the community. It was suggested that members of the public reach out directly to MST staff with concerns about services and route needs. It was City Council Minutes March 5, 2024 suggested that the Council receive an update from the Light Rail Committee or Transportation Agency for Monterey County (TAMC) regarding the topic of light rail. 3. Receive a Presentation from the Monterey Bay Fisheries Trust on its Five-Year Strategic Plan (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Melissa Mahoney, of Monterey Bay Fisheries Trust, gave the presentation and answered Councilmembers' questions with input from City Manager Uslar. Public comment was received from Lorna Moffat, who urged people not to eat fish and suggested a subsidy to pay fishermen not to fish. The Council discussed the matter. It was stated that the Monterey Bay National Marine Sanctuary Advisory Council was stacked against fishermen. It was stated that the best advocacy work would be to highlight to elected officials at the State and Federal level the relationship between fishing and the employment needs and heritage of our community. It was stated that staff had been busy with the Housing Element and other important City programs but that when the timing was appropriate, it would make sense for the Council to take up the matter and consider some of Ms. Mahoney’s suggestions such as fixing the Monterey Marina boat hoist, reviewing parking fees, and reassessing the leasing space plan. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot and Lorna Moffat. CONSENT AGENDA 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, the City Council approved the CONSENT AGENDA, with Councilmember Smith registering a "no" vote on Item 7 due to its funding of the rental inventory: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Ordinances 4. First Reading by Title Only of an Ordinance to Recodify and Amend the City Code to Name the Old Monterey Business Association as the Official Advisory Board to the City for the Monterey Downtown Promotion District (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Waived full reading, Passed to print 2 City Council Minutes March 5, 2024 Resolutions 5. Authorize Agreement with Monterey Bay Office Products Inc. in the Amount of $417,554 for Purchase of Multi-function Printer Copiers, Supplies, Services, and Maintenance (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-027 C.S. 6. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the Amount of $184,407.45 to the Miscellaneous Building Repairs Project and Award a Professional Services Agreement in the Amount of $184,407.45 to Bureau Veritas Technical Assessments LLC for Facilities Condition Assessments (Exempt from CEQA, Article 19, Section 15306, Class 6) ***CIP*** Action: Adopted Resolution No. 24-028 C.S. 7. Amend Resolution 23-067 Authorizing Changes to the Fiscal Year 2023-24 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-029 C.S. (4-1, Councilmember Smith voting no) 8. Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Kimley- Horn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from February 6, 2024, Recommended to be Continued to March 19, 2024 Action: Continued to March 19, 2024 *** End of Consent Agenda *** COUNCIL COMMENTS Councilmember Smith reported on recent activities: speaking at an Association of Harbormasters conference at Asilomar; participating as a panelist on a discussion with the Women's Council of Realtors; attending the TAMC board meeting, where a presentation was given on the agency's annual work plan, which he praised; and attending a meeting of the TAMC Rail Policy Committee, from which he announced that Santa Clara Regional Rail was actively pursuing federal funding and ultimately looking at joint efforts. Councilmember Haffa reported that he had attended a ribbon cutting for a new business called Tipsy Putt, and said he hoped they would be successful. He recommended the Paper Wing Theatre and Supper Club as an enjoyable theater experience. Mayor Williamson reported from Monterey One Water (M1W) that the proposal for placing service fees onto Monterey County tax rolls had been approved. He clarified that the action would not increase rates but just shift the payment mechanism to homeowners' property taxes, which he said would allow M1W to expand their customer assistance program for ratepayers with need. He reported that the expansion of Pure Water Monterey was estimated to be complete by July 2025, and that additional injection wells were estimated to be completed by August 2025. He said that the Monterey Peninsula Water Management District was planning to begin discussions on allocation of the new water that would be provided by those two efforts. He reminded all that it was Election Day and gave his best wishes to Councilmember Haffa for his bid to be elected Monterey County Supervisor for District 5. 3 City Council Minutes March 5, 2024 CITY MANAGER REPORTS City Manager Uslar urged all to vote, and announced the upcoming Cutting and Horticultural Day on March 16, 2024. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the Closed Session was not received. The Council adjourned to closed session at 5:34 p.m. ADJOURNMENT The Council adjourned at 7:02 p.m. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) 2. 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 - remittitur issued) 3. 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) Action: No reportable action taken cs 2. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) Action: Confidential direction given to labor negotiators on a vote of 4-0-1 with Councilmember Barber absent cs3. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2),(e)(3), Anticipated Litigation, Significant Exposure to Litigation, Marcia Pompan Claim dated February 9, 2023 Action: Confidential direction given to labor negotiators on a vote of 4-0-1 with Councilmember Barber absent 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, March 5, 2024 Ed Smith, Councilmember, District 2 4:00 PM – 6:00 PM Council Chamber Afternoon Session Only 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- 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). 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 3/5/2024 4:00:00 PM 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 - 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE PRESENTATIONS 1. Recognize March 2024 as Women’s History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) 2. Receive a Presentation from Monterey-Salinas Transit District (MST) on the MST Transit- Oriented Development Planning Study (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) 3. Receive a Presentation from the Monterey Bay Fisheries Trust on its Five-Year Strategic Plan (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. 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. 4. First Reading by Title Only of an Ordinance to Recodify and Amend the City Code to Name the Old Monterey Business Association as the Official Advisory Board to the City for the Monterey Downtown Promotion District (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. 2 3/5/2024 4:00:00 PM 5. Authorize Agreement with Monterey Bay Office Products Inc. in the Amount of $417,554 for Purchase of Multi-function Printer Copiers, Supplies, Services, and Maintenance (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 6. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the Amount of $184,407.45 to the Miscellaneous Building Repairs Project and Award a Professional Services Agreement in the Amount of $184,407.45 to Bureau Veritas Technical Assessments LLC for Facilities Condition Assessments (Exempt from CEQA, Article 19, Section 15306, Class 6) ***CIP*** 7. Amend Resolution 23-067 Authorizing Changes to the Fiscal Year 2023-24 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 8. Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Kimley-Horn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from February 6, 2024, Recommended to be Continued to March 19, 2024 *** End of Consent Agenda *** 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. 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: 3 3/5/2024 4:00:00 PM 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 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 4

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