Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 6, 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, Human Resources Director, Public Works Director, City Clerk, Property Manager, Acting Assistant Fire Chief, Division Chiefs (2), Human Resources Specialist, Police Senior Administrative Analyst, General Services Superintendent, Fire Senior Administrative Analyst, Police Lieutenant, Firefighters (2), Fire Engineer, Administrative Analyst (Public Works), Deputy Public Works Director/City Engineer, Planning Manager, Fleet 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 as indicated above. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. PRESENTATIONS 1. Receive Presentation from the Central Coast Small Business Development Center (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Roger Gilbert, of the Small Business Development Center ("SBDC"), gave the presentation and answered Councilmembers' questions. Mayor Williamson explained the process that meeting attendees were instructed to follow for making public comment. Public comment was received from Mira Nissim, who shared the ways that SBDC had assisted her business, and Bryan Rosen, who asked small businesses to be more environmentally conscious. GENERAL PUBLIC COMMENTS Based on the number of individuals requesting to speak, Mayor Williamson set the speaking time per person to two minutes for general public comments.  City Council Minutes August 6, 2024 Public comment on non-agendized matters was received from: Steven Lightfoot, India Weeks, an unidentified man, Scott, Shy, James Barnes, Mira Nissim, Sharon Dwight, Marta Kraftzeck, Sherri Tuioti, Marina, Jean Rasch, Bryan Rosen, Chris Shake, Lorna Moffat, Esther Malkin of Del Monte Grove/Laguna Grande Neighborhood Association, and Lori Mazzuca. CONSENT AGENDA Public comment on the Consent Items was received from Lorna Moffat, who asked for clarification on the proposed salary increase for the positions outlined in Item 6. Human Resources Director Neal addressed the question received from the public. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA: 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. July 16, 2024 Regular 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 Electrical Contractor Job Order Contracts 2024 for City Projects in the Amount of $1,000,000 to Bear Electrical Solutions, Inc., and $1,000,000 to Collins Electrical Company, Inc. (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution Nos. 24-120 and 24-121 C.S. 4. Award a Construction Contract in the Amount of $813,869.50 to TYMAN Construction, Inc. for the Municipal Wharf 2 Deck Repairs Phase 2 and Ratify Emergency Suspension of Bidding Requirements (Mitigated Negative Declaration adopted by City Council January 21, 2020, Resolution 20-009) Action: Adopted Resolution No. 24-122 C.S. Resolutions 5. Authorize the City Manager and Chief of Police to Enter into the 2024 Equitable Sharing Agreement with the U.S. Department of Justice and U.S. Department of the Treasury to Participate in the Equitable Sharing Asset Forfeiture Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-123 C.S. 6. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Police Association (MPA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-124 C.S. 2  City Council Minutes August 6, 2024 7. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Police Lieutenants' Management Association (PLMA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-125 C.S. 8. Establish Compensation and Benefits Packages for Unrepresented Confidential Management and Non-management Employees, and Regular Part-time Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-126 C.S. 9. Adopt a Resolution Authorizing the City Manager to Amend the Fire Services Agreement with the City of Pacific Grove to Add Emergency Medical Services to Include Advanced Life Support (ALS) Services Upon the County of Monterey’s Approval of this Expanded Service Area (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-127 C.S. 10. Adopt a Resolution Authorizing the City Manager to Enter into an Agreement with the State of California Governor’s Office of Emergency Services to Accept an Assignment of a 2024 HME Type 1 Fire Engine for Mutual Aid Emergency Incident Response in the State of California (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-128 C.S. 11. Suspend Collection of the Calle Principal Maintenance District (00-01) Assessment Until Next Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-129 C.S. 12. Suspend the Collection of the Alvarado Street Maintenance District 85-1 Annual Assessment this Fiscal Year (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-130 C.S. Other 13. Appoint Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate, for the 2024 League of California Cities Annual Conference -- October 16-18, 2024 in Long Beach (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Vice Mayor Barber as the Voting Delegate, and Mayor Williamson as the Alternate 14. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 171 Wharf II; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Jennifer Towsley (Monterey Fish Company); 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 Cole and Aldrete 3  City Council Minutes August 6, 2024 15. Appoint Shelline K. Bennett, Esq. as Agency Negotiator for Unrepresented City Manager and City Attorney (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061) Action: Appointed Agency Negotiator Bennett *** End of Consent Agenda *** PUBLIC APPEARANCE 16. Approve the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul” (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor and City Manager to sign the letter Chief Miller gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Jean Rasch, who commended Chief Miller's work with the Fire Department and recommended the Council approve the letter; Bryan Rosen, who expressed concern about the salaries earned by the Fire Department staff; and Esther Malkin, who spoke in favor of building a combined and improved public safety facility and defended the salaries earned by the City's first responders. The Council discussed the matter. It was stated that for multiple reasons it was to the City's benefit to maintain competitive salaries for Fire Department personnel. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the City of Monterey’s Response Letter to the 2023-2024 Monterey County Civil Grand Jury Final Report “Monterey Fire Department: Overdue for Overhaul”: 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 Smith reported that he had attended the Transportation Agency for Monterey County (TAMC) Rail Policy Committee meeting and provided a number of updates, including news from the California State Senate and Assembly on funding, of which he said the most significant was the affirmation that TAMC had the funding to prepare an Environmental Impact Report (EIR) on the Rail Study in Pajaro. He explained that this would connect Gilroy to Pajaro/Watsonville and eventually to Salinas. He said he had also attended the regular TAMC board meeting. He said that the Coastal Commission staff were recommending against the SURF! project but that the commission had yet to hear the matter. He said they would hear it at a meeting in September 2024 in Monterey. He stated that some of the discussion in the community was inaccurate and clarified that it was fully funded, with the coastal permit being the last hurdle. He explained that other options had been analyzed for a rapid bus route and none was feasible. He said that analysis from engineering reports showed that the rail currently present would have to be entirely replaced, and he said that in the future if there were to funding for installing rail there would be space for both rail and the SURF! bus line. 4 City Council Minutes August 6, 2024 Councilmember Barber reported from ReGen Monterey, alerting the public of an important way to prevent fires. She explained that disposing of batteries in the trash can cause fires either in the resident's trash can or at the waste management facility. She asked residents to do their part by putting their expired batteries in plastic baggies and place them on top of their garbage cans on garbage pickup day. Councilmember Haffa remarked on general public comments that had been made regarding street vending, asserting that City Planning staff needed to be processing requests for permits based on the current policy. He said that if staff felt it appropriate to revisit the ordinance, he was open to it and that it was important that the Council has an opportunity to weigh in. Mayor Williamson noted that it might be helpful to have an update from staff with regards to what is going on with the street vending permit situation. He reported from Monterey One Water (M1W) and reiterated that the M1W board, through a weighted vote, had decided not to move forward with the transition of sewer rate billing to the County property tax rolls. He expressed dismay with this decision and said that M1W staff had estimated that the decision's total fiscal impact totaled $1.1M, because of sunk costs for the execution of the implementation plan, lost revenue from field inspections, and now increased expenditures associated with needing to reimplement and continue with bimonthly billing. He reminded the public that the City of Monterey had still decided to move ahead with placing the City's sewer rates on the County property tax roll, which he said would serve the City well because he said he felt there was still an appetite from the majority of M1W member agencies to make the same transition after all in the future. CITY MANAGER REPORTS None made. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from: Bryan Rosen, who did not speak on topic and instead expressed discontent with Councilmember Smith’s remarks during Council Comments about the SURF! project; Nina Beety, who commented on Items cs3 and cs5, stating that the direction of the City was unhealthy and nontransparent; and Lorna Moffat, who urged the Council to fix trust problems that she said existed in the City. During public comment on the closed session, Mayor Williamson left the Chamber at 6:14 p.m. and returned at 6:15 p.m., Councilmember Haffa left the Chamber at 6:16 p.m. and returned at 6:17 p.m., and Councilmember Garcia left the Chamber at 6:19 p.m. and returned at 6:21 p.m. The Council adjourned to closed session at 6:24 p.m. REPORTS FROM CLOSED SESSION cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 171 Wharf II Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Jenn Towsley (Monterey Fish Company) 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, confidential direction given to property negotiators 5 City Council Minutes August 6, 2024 cs2. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24CV002533 2. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) B. Conference with Legal Counsel, Deciding Whether to Initiate Litigation Pursuant to Government Code section 54956.9(d)(4) (One Case) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Items A1 and A2 (existing litigation): No reportable action taken Item B (initiation of litigation): On a unanimous roll call vote, confidential direction was given to legal counsel cs3. Public Employee Performance Evaluation Pursuant to Government Code section 54957(b)(1) Title: City Manager Action: No reportable action taken cs4. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 Unrepresented Employee: City Manager Agency Negotiator: Shelline Bennett, Esq. Action: On a unanimous roll call vote, confidential direction given to agency negotiator cs5. Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1) Title: City Attorney Action: No reportable action taken cs6. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 Unrepresented Employee: City Attorney Agency Negotiator: Shelline Bennett, Esq. Action: On a unanimous roll call vote, confidential direction given to agency negotiator ADJOURNMENT The Council adjourned at 8:58 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 6