Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 20, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA AND TELECONFERENCE LOCATION JW MARRIOTT AUSTIN, ROOM 541, 110 E 2ND ST, AUSTIN, TEXAS Councilmembers Present: Garcia, Haffa, Smith, Williamson* Absent: Barber *Attended remotely by teleconference pursuant to Gov. Code sec. 54953(b) City Staff City Manager, Assistant City Manager, Finance Director, Community Present: Development Director, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Assistant City Attorney, Parks Operations Manager, Harbormaster, Engineering Assistant, Parks Supervisor, Sustainability Coordinator, Assistant Police Chief, Public Works Administrative Services Manager, Acting Assistant Fire Chief, Deputy Public Works Director/City Engineer, Building Official, Senior Engineer, General Services Superintendent, Capital Programs Coordinator, Associate Planner, Assistant Human Resources Director, Library Assistant II TELECONFERENCE NOTICE This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code sec. 54953(b). ***Afternoon Session Agenda *** CALL TO ORDER Councilmember Garcia called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present as indicated above. On question from Councilmember Garcia, Mayor Williamson confirmed that he could hear the meeting proceedings, that the agenda had been posted at least 24 hours prior to the meeting at the remote location listed above, and that he was providing public access from the same location, pursuant to GC 54953(b)(3). He stated that no member of the public was present with him at the teleconference location wishing to speak. PLEDGE OF ALLEGIANCE Councilmember Haffa led the Pledge. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards for Third Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Airman 1st Class Domenic Medina (U.S. Air Force), Sergeant Jesse Morgan (U.S. Marine Corps), and Technical Sergeant Siena Trujillo (U.S. Air Force)  City Council Minutes August 20, 2024 Councilmember Garcia presented proclamations to Airman 1st Class Domenic Medina (U.S. Air Force), Sergeant Jesse Morgan (U.S. Marine Corps), and Technical Sergeant Siena Trujillo (U.S. Air Force), who each made brief remarks. Public comment was not received. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from: India Weeks, Steve Lightfoot, Athena Zenizo, Rafael Zenizo, an unidentified man, James Burns, Jonathan Ahmadi, Marta Kraftzeck, Colin Gallagher, Eric Palmer, Lorna Moffat, Bryan Rosen, and Esther Malkin. CONSENT AGENDA Councilmember Garcia stated that members of the public had requested to pull Items 4 and 5 from Consent. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT AGENDA, except Items 4 and 5: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. July 18, 2024 Special Joint Meeting with Neighborhood and Community Improvement Program (NCIP) Committee (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved (4-0-1, Councilmember Barber absent) 3. August 6, 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 Barber absent) Award of Construction Contracts 4. Award a Construction Contract in the Amount of $1,021,345.00 to Boneso Plumbing & Mechanical for Replace Boiler Various Locations at Presidio of Monterey (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g)(1), CEQA Not a Project) ***IGSA*** Action: Pulled from Consent; Adopted Resolution No. 24-131 C.S. (4-0-1, Councilmember Barber absent) Public comment was received from: Al Sakhafi, of ALS Construction & Renovation, who objected with the recommendation, stating that he had submitted the lowest bid on the project, and asked to be considered. City Manager Uslar explained that the bidding requirements had required a bid bond submitted within a specific timeline, which was not met by Mr. Sakhafi's bid submittal. He said that based on this lack of compliance, Mr. Sakhafi's bid was declared non-compliant. On question, Assistant City Attorney Salameh and City Manager Uslar provided context for what would happen if the Council were to reject all bids. 2  City Council Minutes August 20, 2024 It was proposed by the Council that the City hold workshops for bidders on how to complete the process. On question, Assistant City Attorney Salameh said that education for bidders had taken place when the bid bond submittal requirement had changed, and City Engineer/Deputy Public Works Director Easterling explained the process by which the City puts projects out to bid and noted that pre-bid meetings were held so that all bidders had the same information. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-131 C.S.: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 5. Adopt and Approve Funding for Fiscal Year 2024/25 Community-Wide Forest Management & Fuel Reduction Project, Neighborhood and Community Improvement Program ***NCIP*** (Mitigated Negative Declaration approved on October 25, 2022) Action: Pulled from Consent; Adopted Resolution No. 24-132 C.S. (4-0-1, Councilmember Barber absent) Public comment was received from: Monique Kaldy, who suggested allocating more funds to help needy residents with fuel reduction; Bryan Rosen, who said the City needed to reduce emissions; and Nina Beety, who spoke critically against the practice of forest thinning stating that it caused devastation to forests. The Council discussed the matter. It was stated that how to manage the forest was a difficult and challenging topic as the Council had the responsibility to ensure safety for everyone and also take care of the natural environment. It was noted that the Neighborhood and Community Improvement Program (NCIP) had prioritized fuel reduction for many years and that while it was never enough, there would be the potential for future opportunities to add further programming. It was stated that the fuel reduction was widely supported and that it should be taken up without delay to protect the City. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 24- 132 C.S.: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. Approve an Amendment to the Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies Regarding Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) to Include FY 2024-25 Costs of $44,867 for These Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-133 C.S. (4-0-1, Councilmember Barber absent) 3  City Council Minutes August 20, 2024 7. Award a Professional Services Agreement for On-Call Civil Engineering Services with a Not-To- Exceed Limit of $500,000.00, for Projects with the City of Monterey to Whitson & Associates, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-134 C.S. (4-0-1, Councilmember Barber absent) 8. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Fighters’ Association (MFFA) 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. 24-135 C.S. (4-0-1, Councilmember Barber absent) 9. Approve the Memorandum of Understanding between the City of Monterey and the General Employees of Monterey (GEM) 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. 24-136 C.S. (4-0-1, Councilmember Barber absent) 10. Approve the Memorandum of Understanding between the City of Monterey and the Management Employees’ Association (MEA) 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. 24-137 C.S. (4-0-1, Councilmember Barber absent) 11. Amend Resolution 24-098 and Amend the FY 2024-25 Budget to Allocate Salary Adjustments Related to the City’s Compensation Study, Deferred Compensation Increases, and Fire Department Staffing Increases and Updating the Position Control List (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-138 C.S. (4-0-1, Councilmember Barber absent) Other 12. Receive Update on the 2024 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update *** End of Consent Agenda *** PUBLIC APPEARANCE 13. Deny Appeal of Encroachment Permit #MENT 24-1038 871 Alice Street #26– POD in Public Right of Way; Applicant Greg Lindahl; Appellant Colin Gallagher (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-139 C.S. (4-0-1, Councilmember Barber absent) Community Development Director Cole gave the staff presentation. Appellant Colin Gallagher expressed that the first storage pod had been placed on the sidewalk and prior to its placement had not had a notice at the location indicating that something would be placed there. He said that if such notice was not required, it should be. He said that neighbors, including himself, who were arriving late from work had had to park two to two-and- a-half blocks from home because of the storage pod's placement. He said that most people 4  City Council Minutes August 20, 2024 didn't need a week to move and that one to two days should suffice. He said that there were larger issues at play including that residents didn't need event-related storage on the City's streets. He said that with storage pods there was a potential for crime because someone could cut the lock off a pod. With respect to impacts, he said that the more storage pods allowed in the city, the more parking would be impacted. He asked the City to deny any future storage pod applications. Community Development Director Cole answered Councilmembers' questions. She stated that the Building staff had reviewed the second storage pod's placement upon receiving a complaint, and confirmed that it was correctly placed. She said that a condition of approval for the encroachment permit had been that it could not be placed upon the curb. Mr. Gallagher confirmed that the second storage pod had had a notice posted. On question from Council, he explained that he felt the City Code related to obstructions of the public right- of-way had been violated. He asserted that an encroachment permit was supposed to be for short-term matters, not objects that could be present for up to 180 days. He said that during the period that the storage pod was present, obstruction of parking had taken place because neighbors couldn't park where it was, and that he had not observed any criminal activity. He said that if the City's policy on storage pods continued, criminal activity could take place. He expressed concern on what could be stored inside a storage pod unbeknownst to the City. Public comment was not received. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to adopt Resolution No. 24-139 C.S. denying the appeal. It was suggested by the Council that City staff consider reducing the time period from 180 days for storage pod encroachment permits, and making fees scalable based on permitted time periods. It was stated that some residents may not have much of a choice besides using a storage pod and that using a storage pod may be cheaper or more realistic for residents who are moving. It was stated that as long as staff determined that the storage pod would be safely positioned, it should be allowed. It was stated that the person applying for an encroachment permit had to proceed with specific requirements to ensure safety. It was stressed that Mr. Gallagher's request to deny all future encroachment permits for storage pods was outside the scope of this appeal. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Authorize City Manager Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 24-140 C.S. (4-0-1, Councilmember Barber absent) Human Resources Director Neal gave a verbal presentation and answered Councilmembers' questions. Public comment was received from: Eric Palmer, who asked whether the evaluations included receiving input from front-line staff, and if the objectives and results were shared with the public; 5  City Council Minutes August 20, 2024 and Nina Beety, who said that City issues were not being resolved and provided as an example the comments made by street vendors during general public comments at this meeting. The Council discussed the matter. The Council said that they were very satisfied with City Manager Uslar's performance. It was stated that City staff who directly reported to the City Manager were surveyed as part of the evaluation. It was noted that the Council could not share the evaluation with the public because they were confidential personnel actions. Highlights were shared of the city's recent actions and successes under the City Manager. It was stated that the City Manager deserved to be recognized for these accomplishments. In regards to the process for evaluations by the City Council, it was stated that hearing input from all stakeholders would be important feedback, and that the public has a right and interest in knowing what is being asked and what information the Council looks for when they conduct evaluations. On question, Assistant City Attorney Salameh said that there was a privacy interest in personnel and performance evaluations and it would not be legally permissible to release that information and that this was why evaluations by the Council were allowed to be held in closed session. On question, Human Resources Director Neal provided information on the compensation study and stated that the goal was to come within 5% of the median wage. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 24-140 C.S.: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 15. Authorize a Second Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Adopted Resolution No. 24-141 C.S. (4-0-1, Councilmember Barber absent) Human Resources Director Neal gave a verbal presentation and answered Councilmembers' questions. Public comment was not received. A motion was introduced by Mayor Williamson, and seconded by Councilmember Smith, to adopt Resolution No. 24-141 C.S.: The Council provided information to the public regarding City Attorney Davi, who was noted to have saved the City millions of dollars in legal costs through the excellent representation provided by Ms. Davi together with her staff. Context was provided for how well the City Attorney's work protected the City and the City Council. The motion passed by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Barber ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6 City Council Minutes August 20, 2024 COUNCIL COMMENTS Councilmember Haffa reported from Association of Monterey Bay Area Governments (AMBAG), which he said had passed a State grant through to the City for the Madison Street affordable housing project. He said there had previously been concerns about State budget issues affecting funding, but that it had turned out that the reduction in funds would be significantly less than feared. He said that it would make sense for City staff to work with vendors and other interest groups to ensure that the street vending program was safe and attractive and worked for the hardworking people who contribute to the ambiance at the Wharf. Councilmember Smith reported from Monterey-Salinas Transit (MST), providing an update regarding the upcoming Coastal Commission hearing regarding the proposed SURF! project. He referred those interested in learning more to the application submitted by MST for the project, and clarified that the Transportation Agency for Monterey County (TAMC) was the property owner, which had granted easement rights to MST. HE said that the project had been included in Measure X, which was passed by the voters to fund regional transportation needs. He said that a contested matter with regard to the project was whether rail should be slightly displaced or fully removed. He stated that the rail was installed in 1880 and was last used decades ago, and could not be used and would have to be replaced. Mayor Williamson reported from Monterey One Water (M1W), stating that the expansion of the Pure Monterey project was moving along with the timeline tracking as anticipated and providing details of the stages of the expansion. He said that the project should provide the first water in August 2025. He shared details of an upcoming candidate forum that would be hosted by the Del Monte Beach Neighborhood Association, and encouraged residents to participate, learn about the candidates, and vote. CITY MANAGER REPORTS City Manager Uslar thanked the Council for the kind comments that they made about his performance during discussion of Item 14, and said that the highlighted accomplishments wouldn't have been possible without the hard work of the City's excellent staff. He said that a town hall meeting for street vendors would be held in September, and so would a meeting between City staff and the qualified candidates for office who would be on the ballot for the November election. *** Adjourn to Closed Session (See additional agenda) *** Public comments on the closed session were not received. The Council adjourned at 6:19 p.m. to closed session in memory of Donald Neal, City Electrician, who had recently passed away. REPORTS FROM CLOSED SESSION cs1. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): General Employees of Monterey, PERB Case No. SF-CE-2032-M (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 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) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken 7 City Council Minutes August 20, 2024 ADJOURNMENT The Council adjourned at 6:28 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8