Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 1, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia, Haffa, Smith, Williamson Absent: None * 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, Finance Director, Present: Community Development Director, Police Chief, Parks and Recreation Director, Library & Museums Director, Public Works Director, City Clerk, Property Manager, Assistant Finance Director, Conference Center General Manager, Planning Manager, Engineering Assistant, Parks Operations Manager, Deputy Public Works Director/City Engineer ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. TELECONFERENCE NOTICE Councilmember Barber confirmed that she could hear the meeting proceedings, gave a brief description of the circumstances relating to her need to appear remotely pursuant to the “Just Cause” clause, and stated that no person over the age of 18 was present in the room with her during the meeting. City Clerk Klein called the roll with the Council present as indicated above. PLEDGE OF ALLEGIANCE Councilmember Haffa led the Pledge. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Jean Rasch, Luis Osorio, Nina Beety, and Peter Berridge. CONSENT AGENDA Public comment on the Consent Items was received from Nina Beety, who spoke on Item 7, stating that the Planning Commission had been given different information than what was provided to the Council in the agenda report, and requesting that the matter be returned to the Planning Commission for reconsideration. The Council remarked that they could move forward with Item 7 given that it was calling for a public hearing that would be heard in November.  City Council Minutes October 1, 2024 On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, which was conducted by roll call, 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 1. September 17, 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 2. Award a Construction Contract in the Amount of $331,327.00 to FBD Vanguard Construction, Inc. for the Old Town ADA Curb Ramp Improvements Project (35C1555) (Exempt from CEQA, Article 19, Section 15301, Class 1) ***Measure P/S*** Action: Adopted Resolution No. 24-155 C.S. Ordinances 3. 2nd Reading of an Ordinance Amending Section 1-9.3 of the Monterey City Code to exempt City Administrative Citations from the $1,000 Maximum Penalty set forth in California Government Code Section 36901 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3686 C.S. 4. 2nd Reading of an Ordinance to Add Monterey City Code sec. 2-1.07, "Conflict of Interest Code" (FPPC Form 700) to Incorporate by Reference Regulations Adopted by the Fair Political Practices Commission and Adopt a Resolution Approving Exhibit A to the Ordinance to Update the City’s Conflict of Interest Code (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3687 C.S. Resolutions 5. Award a Professional Services Agreement in an Amount Not-to-Exceed of $230,810.00 to BKF Engineers for the Mark Thomas Drive and Sloat Avenue Separated Bike/Pedestrian Path Study, Preliminary Design and Environmental Document (Exempt from CEQA, Article 19, Section 15306, Class 6) ***NCIP*** Action: Adopted Resolution No. 24-156 C.S. 6. Authorize the Purchase of Banquet Chairs for the Monterey Conference Center (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-157 C.S. 7. Set a November 19, 2024 Public Hearing to Consider Vacating an Unimproved Portion of the Right of Way on Manzanita Street at Johnson Street (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Resolution No. 24-158 C.S. 2  City Council Minutes October 1, 2024 Other 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 587 and 593 Van Buren Street; 424 and 450 Madison Street; Adjacent Parking Lot; and Area Behind the Parks and Recreation Administration Building Located at 546 Dutra Street; Agency Negotiators: Kimberly Cole, Levi Hill and Janna Aldrete; Negotiating Parties: MP Madison Street Associates, L.P.; Under Negotiation: Price and Terms of Payment for New Ground 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, Levi Hill, and Janna Aldrete *** End of Consent Agenda *** STUDY SESSION 9. Receive a Report on the History of the Lower Presidio Lease Agreement and Receive Initial Feedback on Future Plans for the Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report City Manager Uslar, Library & Museums Director Edwards, Public Works Director Renny and Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions, with additional input provided by City Attorney Davi. Public comment was received from: Bill Wojtkowski, of the Old Monterey Foundation ("OMF"), who said that OMF wanted preservation and public access to continue; Lorene Kimzey, of the Museums and Cultural Arts Commission ("MCAC"), who requested that the Council allow the MCAC to prepare a report on their findings and recommendations on the matter; Ellen Martin, of OMF, who shared her thoughts and asked whether there were already any sites in Monterey designated federally as historic; Jean Rasch, who said that there should be community partnerships to maintain the park going forward; and Bob Evans, of MCAC, who echoed the request for MCAC to prepare a report and asked the Council to retain the ability to use the park. The Council discussed the matter. It was stated that there was a lot of community interest in preserving the park. Various levels of support were indicated for the idea of continuing the lease and keeping the park under the City's control. It was opined that if the park could receive a national historic designation, that would be better because of the additional resources and attendance it could bring. It was asserted that regardless of the approach it was critical that the City have legal guarantees that preservation and public access would be certain. It was stated that the question remained about whether to continue the lease with the Army, and how to move forward. It was questioned whether the request from the Army to participate in funding the design and construction of a full slope height retaining wall along the Lighthouse Curve would be a reason to renegotiate the lease. It was acknowledged that there would need to be a plan to address erosion and perceived safety issues at the hillside in question. It was noted that if the City ended the lease because of the retaining wall issue, the Army would still need to put up a retaining wall to address the concerns they had raised, and it was questioned what the logic was of the Army requesting the City to do the work of the wall. It was stated that the City had been good partners with this lease and should dig in further with stakeholders to mitigate the retaining wall issue. 3 City Council Minutes October 1, 2024 It was stated that more research was needed to develop a plan forward. Interest was expressed in pursuing national recognition, partnerships, and grant opportunities, and in heightening education and historical programming on the site. It was expressed that the Native Americans whose histories were connected to the land needed to be part of the solution and that the park features should be designed in a way that appreciated the indigenous community more. It was stated that continuing to use the general fund toward maintenance of the park may still be necessary, noting that providing access to an important historical site for roughly $80,000 was a good use of public taxpayer money. It was stressed that Monterey was a historic city and that it was appropriate for some part of the budget to be allocated toward preserving its history. Concern was expressed about developing the park in a way that would bring in too many visitors. It was stated that public access was of utmost importance and that visitor volume should be expanded in terms of increased use and appreciation of the site's history, not in terms of high vehicle traffic. It was agreed that the MCAC should be involved in the discussion about the future of the park, and that they should be asked to prepare a report and potentially to host a public forum that would bring together the City with stakeholders including Congressman Jimmy Panetta, representatives from the U.S. Army, California State Parks, U.S. National Park Service, business associations, neighborhood associations, and local historical organizations. Other suggested potential collaborators going forward included the Neighborhood and Community Improvement Program (NCIP) Committee, the Big Sur Land Trust, the hospitality industry, and the Monterey Peninsula Unified School District. Outreach within the community was requested regarding their use of the park, including conducting a survey, adding a topic page to the Have Your Say Monterey engagement portal, and holding outreach events. It was requested to include information about the work of the OMF in the City's outreach efforts. Mayor Williamson reopened public comment. On question from Council, Bill Wojtkowski said that the OMFs Stage II plans had been put on hold until the slope erosion issues were solved. With no further requests to speak, Mayor Williamson closed public comment. COUNCIL COMMENTS Councilmember Smith said it was good to be home after a visit to Florida. He sent prayers to people impacted by flooding in the Southeast and encouraged everyone to donate generously to assist those affected. Mayor Williamson reported from Monterey One Water (M1W) on the status of a proposal from California-American Water ("Cal Am") regarding a condition from the Coastal Commission’s approval of the desalination project. He said that M1W was moving forward with allowing Cal Am's permit to go to the regional water board. He said that the City's Climate Action Plan was written in 2016 and noted that there had been a lot of advances since that time, which he proposed presented an opportunity to reengage on that topic. He said he hoped the next Council could look at revising the Climate Action Plan. He stated that a candidate had attacked another candidate for being a working-class parent, which he said was insulting to many people. He encouraged working-class people and parents, stating that their voice was just as important as anybody else's. He asked residents to lower the local political temperature to help move Monterey forward in a positive direction. CITY MANAGER REPORTS – None made. *** Adjourn to Closed Session (See additional agenda) *** 4  City Council Minutes October 1, 2024 Public comment on the closed session was not received. REPORT FROM CLOSED SESSION cs Closed Session Conference with Real Property Negotiators Pursuant to Government 1. Code Section 54956.8 Property: 587 and 593 Van Buren Street; 424 and 450 Madison Street; Adjacent Parking Lot and Area Behind the Parks and Recreation Administration Building Located at 546 Dutra Street Agency Negotiators: Kimberly Cole, Levi Hill and Janna Aldrete Negotiating Parties: MP Madison Street Associates, L.P. Under Negotiation: Price and Terms of Payment for New Ground Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken ADJOURNMENT The Council adjourned at 6:05 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 5