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Council Regular Meeting

Regular Meeting

Monterey, CA · April 16, 2024

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 16, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Garcia, Haffa, Williamson Absent: Barber, Smith City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Public Works Director, City Clerk, Assistant Police Chief, Harbormaster, Administrative Analyst (Public Works), Deputy Public Works Director/City Engineer, Conference Center General Manager, Planning Manager, Senior Associate Planner, Assistant Finance Director, Senior Engineer, Engineering Assistant, Recreation Manager, Senior Street Maintenance Worker ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:04 p.m. City Clerk Klein called the roll with the Council present as indicated above. PLEDGE OF ALLEGIANCE Councilmember Haffa led the Pledge. PRESENTATIONS 1. 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) - - Continued from March 19, 2024 Action: Recognized the Monterey High School Varsity Boys Basketball Team as the 2024 CIF Division IV Boys Basketball State Champions Mayor Williamson presented the Monterey High School Varsity Boys Basketball Team with the proclamation recognizing their 2024 CIF Division IV Boys Basketball State Championship win. Coach Greg Daniels made brief remarks. Public comment was not received. 2. Receive Presentation on Economic Impact and Investment Summary from See Monterey (formerly Monterey County Convention and Visitors Bureau) (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received Presentation Rob O'Keefe, Teresa Savage, and Michele Pearce, all of See Monterey, gave the presentation and answered Councilmembers' questions. Public comment was received from Bina Patel, who said that the collaboration between the City and See Monterey was of crucial importance to smaller businesses in Monterey. City Council Minutes April 16, 2024 GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Lorna Moffat, Steve Lightfoot, Shay Balesteri, and Bryan Rosen. CONSENT AGENDA Public comment on the Consent Agenda was not received. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the CONSENT AGENDA: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 2 COUNCILMEMBERS: Barber, Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 3. April 2, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (3-0-2, Councilmembers Barber and Smith absent) Award of Construction Contracts 4. Awarding a Construction Contract in the Amount of $596,197.00 to The Don Chapin Company for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project and Amending the Traffic Resolution 98-186 to remove stop control on Calle Principal and add stop control on Madison Street (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution Nos. 24-044 and 24-045 C.S. (3-0-2, Councilmembers Barber and Smith absent) Ordinances 5. 2nd Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to the East Moorings, Sales of Whole Fish from Boats, Inoperable Vessels, and Parking Permit Policies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3682 C.S. (3-0-2, Councilmembers Barber and Smith absent) 6. 2nd Reading of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages; Exempt from CEQA per Article 18, Section 15269(c) Action: Adopted Ordinance No. 3683 C.S. (3-0-2, Councilmembers Barber and Smith absent) 2 City Council Minutes April 16, 2024 Resolutions 7. 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) -- Continued from March 19, 2024 Action: Adopted Resolution Nos. 24-046, 24-047, 24-048, 24-049, and 24-050 C.S. (3-0-2, Councilmembers Barber and Smith absent) 8. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-051 C.S. (3-0-2, Councilmembers Barber and Smith absent) 9. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-052 C.S. (3-0-2, Councilmembers Barber and Smith absent) *** End of Consent Agenda *** PUBLIC APPEARANCE 10. Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize the Acquisition of Additional Military Equipment Including a Crisis Negotiating Team Command Vehicle, Two Pepper Ball Launchers, One Desert Tech SRS M2 Precision Rifle, and Replace Thirteen Patrol Rifles. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-053 C.S. (3-0-2, Councilmembers Barber and Smith absent) Assistant Police Chief Bruno gave the staff presentation and answered Councilmembers' questions. Public comment was received from Bryan Rosen, who spoke against allowing the use of military equipment by the police, citing concerns about abuse and excess power. The Council made brief remarks in favor of providing the Monterey Police Department with the tools they needed to keep the peace. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 24-053 C.S. to Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize Acquisition of Additional Military Equipment: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 2 COUNCILMEMBERS: Barber, Smith ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3 City Council Minutes April 16, 2024 COUNCIL COMMENTS Mayor Williamson reported on a visit that he made to the 2024 Defense Communities National Summit in Washington, D.C., along with City Manager Uslar and Management Analyst Ackermann. He explained that the conference had a focus on resilience of military installations and communities, and that the importance of childcare services to military families was also discussed. He said that the City group had met with Congressman Jimmy Panetta to express the need for continued collaboration. He said that the Naval Postgraduate School ("NPS") was in discussions about developing its Naval Innovation Center and was seeking funding from Congress for construction. He expressed hope that the Navy project would move forward in collaboration with partners. He noted that the federal government offered a lot of funding and grant opportunities, and encouraged City staff to continue to apply for funding to support infrastructure, public safety, undergrounding, and other important matters. CITY MANAGER REPORTS City Manager Uslar added brief comments about the conference in Washington, D.C., and said that topics of focus for the Monterey community were energy safety and energy resilience and that City staff was working to structure a plan to move forward on these issues and receive funding. He announced that the City Clerk was conducting a large recruitment for boards, commissions, and committees, in part due to the significant number of seats with terms expiring June 30, 2024. He provided details on the recruitment and applications process and encouraged residents to apply. ADJOURNMENT The Council adjourned at 5:16 p.m. with a moment of silence in memory of Shawn A. Aguirre, City of Monterey Street Maintenance Worker. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 4

Agenda

City Council Tyller Williamson, Mayor City Council Agenda Kim Barber, Councilmember, Council Regular Meeting District 1 Gino Garcia, Councilmember Tuesday, April 16, 2024 Alan Haffa, Councilmember Ed Smith, Councilmember, 4:00 PM – 6:00 PM District 2 Council Chamber, 580 Pacific St. Afternoon Only 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 4/16/2024 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. 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) - - Continued from March 19, 2024 2. Receive Presentation on Economic Impact and Investment Summary from See Monterey (formerly Monterey County Convention and Visitors Bureau) (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. Approval of Minutes 3. April 2, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Award of Construction Contracts 4. Awarding a Construction Contract in the Amount of $596,197.00 to The Don Chapin Company for the Calle Principal / Madison / Polk / Hartnell Curb Ramps Project and Amending the Traffic Resolution 98-186 to remove stop control on Calle Principal and add stop control on Madison Street (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** 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. 2 4/16/2024 4:00:00 PM 5. 2nd Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to the East Moorings, Sales of Whole Fish from Boats, Inoperable Vessels, and Parking Permit Policies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 6. 2nd Reading of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages; Exempt from CEQA per Article 18, Section 15269(c) 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. 7. 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) -- Continued from March 19, 2024 8. Receive Alvarado Street Maintenance District 85-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 9. Receive Calle Principal Street Maintenance District 00-1 Engineer's Report; Adopt a Resolution of Intention to Levy Assessment; and Set Time for Public Hearing (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) *** End of Consent Agenda *** PUBLIC APPEARANCE Public Appearance items are on non-routine issues that might stimulate public interest and comments. 10. Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize the Acquisition of Additional Military Equipment Including a Crisis Negotiating Team Command Vehicle, Two Pepper Ball Launchers, One Desert Tech SRS M2 Precision Rifle, and Replace Thirteen Patrol Rifles. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 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).) 3 4/16/2024 4:00:00 PM 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. 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: 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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