Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 19, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Smith, Williamson* Absent: Haffa * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Parks and Recreation Director, Finance Director, Human Resources Director, Public Works Director, City Clerk, Property Manager, Planning Manager, Housing Manager, Senior Engineer, Recreation Manager, Public Works Administrative Services Manager, Deputy Public Works Director/City Engineer, Lieutenant, Engineering Assistant, HCD Coordinator, Assistant Human Resources Director, Engineering Projects Manager ***Afternoon Session Agenda *** CALL TO ORDER This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act. Vice Mayor Barber called the meeting to order at 4:04 p.m. TELECONFERENCE NOTICE Mayor Williamson confirmed that he could hear the meeting proceedings, gave a brief description of the circumstances relating to his need to appear remotely pursuant to the “Just Cause” clause (official travel on behalf of the City of Monterey), and stated that his partner Ivan was present in the room with him during the meeting. City Clerk Klein called the roll with the Council present as indicated above. PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. PRESENTATIONS 1. Recognition of March 2024 as American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized March 2024 as American Red Cross Month Lee Hedgepeth, of American Red Cross of the Central Coast, made brief remarks. Vice Mayor Barber read the proclamation.  City Council Minutes March 19, 2024 2. Recognize the Finance Department for Receiving the Distinguished Budget Presentation Award for 2023-24 Fiscal Year. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized the Finance Department for Receiving the Award City Manager Uslar gave a brief verbal presentation. Public comment was received from Esther Malkin, who praised the Finance Department's work to make the budget transparent and easier to understand. The Council congratulated the Finance Department on their well-deserved award. 3. Recognition of the Monterey High School Basketball Team’s 2024 State Division IV Championship Award (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Continued to April 16, 2024 (4-0-1, Councilmember Haffa absent) This item was heard first. City Manager Uslar explained that staff recommended continuing the recognition to the April 16, 2024 Council meeting due to meeting falling during the school’s spring break. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council continued the recognition to the Council meeting on April 16, 2024: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Alan Romero, Dave Caneer, and Bryan Rosen. CONSENT AGENDA Vice Mayor Barber stated that Item 12 had been pulled from the Consent Agenda at the request of a member of the public. Engineering Assistant II Garcia answered Councilmembers' questions on Item 9. Pursuant to questions from Councilmembers about Item 13 relating t to the Housing Element, Community Development Director Cole provided a brief update on the status of the MidPen Housing project at Madison and Van Buren behind City Hall. Public comment on the Consent Items was not received. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the CONSENT AGENDA except Item 12: 2  City Council Minutes March 19, 2024 AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 4. February 20, 2024 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 Haffa absent) 5. February 28, 2024 Special 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 Haffa absent) 6. March 5, 2024 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 Haffa absent) Award of Construction Contracts 7. Award a Construction Contract in the Amount of $638,700.19 to Arizona Continental Flooring Company for the Replace Flooring Project at the Presidio of Monterey (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g)(1), CEQA Not a Project) ***IGSA*** Action: Adopted Resolution No. 24-030 C.S. (4-0-1, Councilmember Haffa absent) 8. Award a Construction Contract in the Amount of $273,368.00 to St Francis Electric, LLC for the Traffic Signal Reflective Backplates Systemic Improvements Project (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 24-031 C.S. (4-0-1, Councilmember Haffa absent) Ordinances 9. First Reading of an Ordinance to Repeal and Replace Monterey City Code Section 20-40 Pertaining to Decreased Speed Limits on Certain Street Segments (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 Haffa absent) 10. Second Reading 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: Adopted Ordinance No. 3680 C.S. (4-0-1, Councilmember Haffa absent) Resolutions 11. Award Four 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) Harris & Associates, Inc.; and (4) 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 and March 5, 2024 3  City Council Minutes March 19, 2024 Action: Adopted Resolution Nos. 24-032, 24-033, 24-034, and 24-035 C.S. (4-0-1, Councilmember Haffa absent) 12. Award Five Professional Services Agreements for On-Call Construction Management Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Consor PMCM, Inc.; (2) CSG Consultants, Inc.; (3) Harris & Associates, Inc.; (4) 4LEAF, Inc.; and (5) Wallace Group, a California Corporation. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Continued to April 16, 2024 (4-0-1, Councilmember Haffa absent) City Manager Uslar recommended continuing the matter to April 16, 2024. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, which was conducted by roll call, the City Council continued the matter of Awarding Five Professional Services Agreements for On-Call Construction Management Services to the Council meeting on April 16, 2024: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 13. Adopt a Resolution Accepting the 2023 General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-036 C.S. (4-0-1, Councilmember Haffa absent) 14. Authorize the City Manager to Sign an Exclusive Negotiating Agreement Extension with MidPen Housing for Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-037 C.S. (4-0-1, Councilmember Haffa absent) *** End of Consent Agenda *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda The Council adjourned to the Ocean View Community Services District meeting. 15. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report City Attorney Davi stated that the current report was fully contained in the written report provided in the agenda packet. Public comment was not received. Adjourn to City Council Meeting The Ocean View Community Services District adjourned to the City Council meeting. 4  City Council Minutes March 19, 2024 PUBLIC APPEARANCE 16. Receive a Report on the Draft Sewer Utility Master Plan and Draft Wastewater Rate and Capacity Fee Study for the City Sewer Utility (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Senior Engineer Harty gave the staff presentation and answered Councilmembers' questions. Public comment was received from Esther Malkin, who said that utility costs were already too high and expressed concern about the impact to lower income residents, and Tom Rowley of the Monterey Peninsula Taxpayers Association, who expressed concern, stating that the proposal was unexpected and that the association would be watching closely. The Council discussed the matter. It was questioned whether the City should be considering raising the sewer rates at this time, citing current activity by Monterey One Water (M1W) relating to fees and stating that there would be a lot of confusion about increasing fees at the same time as a change to the fee collection mechanism. In opposition to this position it was stated that it didn't make sense to continue to operate at a deficit. City Attorney Davi advised the Council to receive the report and wait until the matter was agendized for action on the April 2, 2024 meeting to deliberate on the matter. It was noted that the City had joined together with M1W to provide utility assistance for residents with lower incomes. Councilmember Smith left the Chamber at 5:13 p.m. and returned at 5:15 p.m. 17. Approve Monterey Rental Assistance Program Guidelines (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-038 C.S. as amended (4-0-1, Councilmember Haffa absent) Staff’s recommended amendments to the resolution were made public prior to the meeting and were presented at the dais. Housing Manager Wyatt gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Kent Glenzer, who stated that the Council should treat the program as a learning opportunity for continual improval and should review the program guidelines quarterly; Jean Rasch, who expressed concern that families with children were not listed in the program guidelines as a priority for receiving assistance; Adam Pinterits, of Monterey County Association of Realtors, who echoed interest in including homeowners in the program and asked questions about logistics for deposit assistance; and Esther Malkin, who echoed the call for quarterly review of the program, said deposit assistance was needed together with somehow ensuring that the deposits would be fruitful in resulting in viable leases, and said that landlords should be required to share applications to reduce the burden of paying numerous application fees. The Council discussed the matter. Regarding the program in general, the City staff was congratulated for their work and public engagement on the proposed program. It was stated that the program would help a lot of people, and it was stressed that there was a need to treat every case individually. It was questioned how the City could support people who could not find housing within the City. It was suggested that interested community agencies could offer a 5 City Council Minutes March 19, 2024 collaborative grant that would work in harmony with the City's program. It was stated that the program was an opportunity to develop partnerships with other jurisdictions, citing that some families have had to move out of the City of Monterey in order to find affordable housing. It was stated that most landlords would welcome the opportunity to support tenants in their units. Regarding details of program funding, the question was posed how much legal support could be provided to an applicant within the scope of the $3,000 of additional assistance. It was agreed that $250,000 was the right total amount to dedicate to a new and unique program, but it was stressed that there was a need to distribute the funds widely, with a lower dollar amount allocated per applicant, in order to help the most people. Regarding updates on and future adjustments to the program, it was expressed that check-ins would be beneficial and it was discussed whether quarterly or another regular schedule would be best. It was stated that there would naturally be adjustments to the program as the Council learned more. Regarding the idea of providing assistance to property owners, it was stated that the program should remain strictly for providing rental assistance due to the limited funds available. It was noted that property owners typically had more options such as equity lending and renting out rooms. It was stated that the Council could consider helping with homeowners down the road. On the other hand, it was stated that there was some interest in providing assistance to homeowners at the present time. In response to questions from the Council, Housing Manager Wyatt said that deposit assistance would be provided through low-interest loans and would be assessed on an individual basis, ensuring that there would be a viable lease resulting from the deposit. She said the allowed allocation of legal assistance per applicant could be reassessed in the future. She said rental application fee assistance would likely be based on the needs of the person coming in and whether or not they met the program guidelines. In response to Council statements City Manager Uslar clarified that the program would not end at the end of fiscal year but instead when the allocated funding was completely spent. He stated that staff would bring updates to the Council at their pleasure. On a motion by Councilmember Garcia, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-035 C.S. adopting the Monterey Rental Assistance Program Guidelines, as amended: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Garcia stated that he had attended the CivicWell Policymakers Conference, which he said touched on topics including transportation, energy, and housing. He said that there had been panels discussing challenges throughout the state, and conversations with policymakers about strategies. He said that one main theme discussed had been the need to work together with other regional agencies and build partnerships. He referred to recent comments made by residents interested in bringing light rail transportation to the Monterey 6 City Council Minutes March 19, 2024 Peninsula, and stated that many agencies would need to be involved and working closely together to make such a development happen. CITY MANAGER REPORTS None made. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from Michael Ungaro, of San Pedro Fish Market, addressing item cs1 and speaking about his business and what it could bring to Monterey. The Council adjourned to closed session at 6:06 p.m. ADJOURNMENT REPORT FROM CLOSED SESSION cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 30 Fisherman’s Wharf Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement Action: Confidential direction given to real property negotiators on a roll-call vote of 4-0- 1, with Councilmember Haffa absent cs2. 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: No reportable action taken cs3. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Jackson Sherry v. City of Monterey (United States District Court, Northern District of California, San Jose Division, Case No. 5:23-CV-03903-SVK) Action: Confidential direction given to legal counsel on a roll-call vote of 4-0-1, with Councilmember Haffa absent Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7