Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 7, 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, Finance Director, Present: Fire Chief, Parks and Recreation Director, Public Works Director, City Clerk, Property Manager, Police Lieutenant, Deputy Public Works Director/City Engineer, Police Lieutenant, Senior Engineer, Planning Manager, Housing Manager, Assistant Human Resources Director, Management Analyst (Recreation), Division Chief, Acting Assistant Fire Chief, Fire Captain ***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 Haffa led the Pledge. PRESENTATIONS 1. Report on 2-1-1 Monterey County by Katy Castagna, President and CEO, United Way Monterey County (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Katy Castagna, of United Way Monterey County, gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Lorna Moffat, who expressed concerns about the responsiveness of 2-1-1 and said more funding was needed; Esther Malkin, who spoke in support of the United Way and the 2-1-1 program and thanked them for their Real Cost Measure report; and Kent Glenzer, of Gathering for Women, who stressed that the homeless issue in the area was growing and thanked United Way and the City for their work to address the challenge. GENERAL PUBLIC COMMENTS Based on the number of individuals requesting to speak, Mayor Williamson reduced the speaking time per person to two minutes for general public comments. Public comment on non- agendized matters was received from: Steve Lightfoot; Karen Brown; Rudy Rosales; Joni Caldwell; Ann Jacobson; P. K. Diffenbaugh, of the Monterey Peninsula Unified School District;  City Council Minutes May 7, 2024 Lorna Moffat; Robin Fishman; Ana Muñoz; Jean Rasch; Philip Laverty; Nina Beety; and Bryan Rosen. CONSENT AGENDA Mayor Williamson said that Items 8, 13, 14, and 15 would be pulled from Consent based on requests from the public. Councilmember Smith said he would vote "no" on Item 7. Public comment on the Consent Items was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA, except Items 8, 13, 14, and 15, with a "no" vote from Councilmember Smith on Item 7: 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 2. April 16, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 3. April 24, 2024 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 4. Authorizing a Transfer from the Measure P/S – ADA CIP Account in the Amount of $2,500,000 to the Measure P/S - Pavement CIP Account and Awarding a Construction Contract in the Amount of $694,820 to Coastal Paving & Excavating, Inc. for the Citywide Road Rehabilitation Project, Phase 6 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***SB1& Meas P/S*** Action: Adopted Resolution No. 24-054 C.S. 5. Awarding General Municipal Building Improvements Job Order Contract 2024 for City Projects in the Amount of $1,000,000 to Pueblo Construction, Inc., $1,000,000 to Comercial Solutions Group Inc., and $1,000,000 to David Construction & Management, Inc. (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution Nos. 24-055, 24-056, and 24-057 C.S. 6. Awarding General Municipal Building Improvements Job Order Contract 2024 for Intergovernmental Support Agreement (IGSA) Projects in the Amount of $1,000,000 to Pueblo Construction Inc., $1,000,000 to David Construction & Management, Inc., and $1,000,000 to Newton Construction & Management, Inc. ***IGSA*** (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). Action: Adopted Resolution Nos. 24-058, 24-059, and 24-060 C.S. 2  City Council Minutes May 7, 2024 Ordinances 7. 2nd Reading of an Ordinance to Amend Chapter 30, Article 4, Sewer Service Fee, to Authorize Collection on the County of Monterey Tax Roll and Authorize a Fee Collection and Indemnification Agreement with Monterey One Water and/or the County of Monterey for this Purpose (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3684 C.S. (4-1, Councilmember Smith voting no) Resolutions 8. Authorize an Appropriation of $87,985.36 and Approve the Purchase of Four (4) Police Interceptor Upfitting Packages from LEHR EVS (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 24-061 C.S. Public comment was received from Stan Williams, who expressed concern about the percentage of the City budget allocated to public safety. The Council briefly expressed its commitment to supporting City staff's ability to work productively to provide for public safety. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-061 C.S. authorizing an Appropriation of $87,985.36 and Approve the Purchase of Four (4) Police Interceptor Upfitting Packages from LEHR EVS: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Authorize Purchase of a Negotiations Operations Center Vehicle for use by the Monterey Peninsula Regional Special Response Unit using Urban Areas Security Initiative (UASI) Program Grant Funds in the Amount of $195,906. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-062 C.S. 10. Adopt a Resolution to Allocate Funding for the Special Event Support Program (SESP) and Authorize the City Manager to Enter into Funding Agreements (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-063 C.S. 11. Authorize the City Manager to Sign a Contract Accepting a Grant of Medical Equipment from the Community Hospital of the Monterey Peninsula (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 24-064 C.S. 12. Adopt the Annual Reports and Approve Resolutions to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District, the New Monterey Business Improvement District, and the North Fremont Business Improvement District (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 24-065, 24-066, and 24-067 C.S. 3  City Council Minutes May 7, 2024 13. Award Two Tree Maintenance Job Order Contracts 2024 for City Projects in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. (Exempt from CEQA, Article 19, Section 15304, Class 4) Action: Pulled from Consent; Adopted Resolution Nos. 24-068 and 24-069 C.S. Public comment was received from Lorna Moffat, Nina Beety, and Bryan Rosen, who all expressed concern about removal of trees and urged the Council to save trees in Monterey. On question from the Council, City Manager Uslar said that the City arborists and contractors were very cautious and focused on tree preservation. He said that the proposed contracts would maintain trees to keep the forests healthy. The Council briefly reminded the public that the City was a designated Tree City by the Arbor Day Foundation. It was stated that the City had many trees and that trees were only removed when necessary. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution Nos. 24-068 and 24-069 C.S. awarding Two Tree Maintenance Job Order Contracts 2024 for City Projects in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Award Two Tree Maintenance Job Order Contracts 2024 for Intergovernmental Support Agreement (IGSA) Projects in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. ***IGSA*** (Categorical Exclusion under NEPA and Army implementing regulations 32 CFR 651, Appendix B, CX(e)(1); CEQA, Not a project) Action: Pulled from Consent; Adopted Resolution Nos. 24-070 and 24-071 C.S. Public comment was received from Lorna Moffat, Nina Beety, and Bryan Rosen, who all spoke against the item and criticized the City's actions relating to trees. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution Nos. 24-070 and 24-071 C.S. awarding Two Tree Maintenance Job Order Contracts 2024 for IGSA Projects in an Amount Not to Exceed $1,000,000 Each to West Coast Arborists, Inc, and to Tope’s Tree Service, Inc. ***IGSA***: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 15. Authorize the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus for One (1) Type 1 Replacement Fire Engine at a Cost Not to Exceed $980,439 for this Purchase and Utilize Financing via the Banc of America Public Capital Corporation Master Equipment Lease Agreement for this Purchase (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 24-072 C.S. 4  City Council Minutes May 7, 2024 Public comment was received from Stan Williams, who suggested postponing the matter for a year and stated that the funding required for the fire apparatus would be well used for matters such as housing, food access, and fire prevention. The Council briefly noted that the Fire Department had been utilizing aging equipment for some time, and stated that the department needed the basic equipment required to carry out the expected public safety programs in the City. It was noted that it typically took years for the City to receive a fire apparatus once purchased. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-072 C.S. authorizing the City Manager to Execute a Purchase Agreement with Golden State Fire Apparatus for One (1) Type 1 Replacement Fire Engine at a Cost Not to Exceed $980,439 for this Purchase and Utilize Financing via the Banc of America Public Capital Corporation Master Equipment Lease Agreement for this Purchase: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Authorize a Ten-Year Agreement with Monterey-Salinas Transit District (MST) for the MST Trolley Service to Include Trolley Vehicle Replacement (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-073 C.S. Other 17. Recognize May 2024 as Asian American and Pacific Islander Heritage Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized May 2024 as Asian American and Pacific Islander Heritage Month 18. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1608 Private Bolio Road (Child Development Center); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Scott Ellis (United States Department of the Army); Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Agency Real Property Negotiators Kimberly Cole and Janna Aldrete *** End of Consent Agenda *** PUBLIC HEARING 19. Recommend that the City Council Adopt the 2024/2025 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class 1, 15306, Class 6 and 15326, Class 26) Action: Held public hearing, adopted Resolution No. 24-074 C.S., and directed City staff to report back to the Council about the eventual funding to public service agencies after final budgeting information became known 5 City Council Minutes May 7, 2024 Housing Manager Wyatt gave the staff presentation. Public comment was received from Thomas Lamphere, of Veterans' Transition Center, who thanked the City for its support and spoke about the importance and impact of solar panels for homeless veterans and the community, and Lynn Young, of Josephine Kernes Memorial Pool, who thanked the City for its support and spoke about the organization and the importance of independence for people with disabilities. On question from the Council, Housing Manager Wyatt said that funding to grantees would be reduced evenly as necessary based on the award from the U.S. Department of Housing and Urban Development ("HUD"). She explained the process by which City staff had conducted outreach to organizations about the opportunity. The Council expressed appreciation for the work that had gone into preparing the Annual Action Plan. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Resolution No. 24-074 C.S. adopting the 2024/2025 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S. Department of Housing and Urban Development; and directed City staff to report back to the Council about the eventual funding to public service agencies after final budgeting information became known: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Haffa summarized two requests to agendize that he said he would bring forward relating to safety at the Highway 68/Skyline Forest Drive intersection. Councilmember Barber said she would bring forward requests to agendize two topics: honoring indigenous people from the Dutra Street village as requested during general public comments, and an update on North Fremont Street undergrounding. Mayor Williamson reminded the Council of the Council's Governance Policy and its provisions for individual Councilmembers’ requests to agendize matters. CITY MANAGER REPORTS City Manager Uslar said that there would be a science, technology, engineering, arts and mathematics ("S. T. E. A. M.") event for children at Montecito Park on Saturday, May 11. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from Michael Ungaro, of San Pedro Fish Market, who introduced members of his family and business and expressed hope that the Council would approve the price and terms of payment for a lease agreement (closed session Item cs3). 6 City Council Minutes May 7, 2024 The Council adjourned to closed session at 6:03 p.m. REPORT FROM CLOSED SESSION cs1. 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) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Impartial Arbitration to Resolve Impasse with Monterey Fire Fighter Association pursuant to City Charter Section 5.4 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs3. 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 (Not a Project under CEQA per 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 real property negotiators cs 4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1608 Private Bolio Road (Child Development Center) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Scott Ellis (United States Department of the Army) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061 Action: On a unanimous roll call vote, the Council authorized City staff to send notice of non-renewal of the lease ADJOURNMENT The Council adjourned at 7:26 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7