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Council Regular Meeting

Regular Meeting

Monterey, CA · March 18, 2025

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 18, 2025 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Barber, Garcia, Rasch, Smith, Williamson (absent for Consent Agenda vote Present: between 4:56 and 4:58 p.m.) Absent: None City Staff City Manager, City Attorney, Finance Director, Community Development Present: Director, Police Chief, Fire Chief, Parks and Recreation Director, Human Resources Director, Library & Museums Director, City Clerk, Property Manager, General Services Superintendent, Deputy Public Works Director/City Engineer, Planning Manager, Recreation Supervisor, Risk Manager, Recreation Manager, Acting Assistant Fire Chief, Engineering Assistant, Housing Manager, Assistant City Attorney, Management Analyst (City Manager's Office), Assistant Police Chief, Acting Harbormaster, Lead Mechanic, Engineering Projects Manager, Automotive Mechanic, Parking Maintenance Supervisor, Harbor Attendant 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. AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. Presentations 1. Recognize City Employees for Milestone Anniversaries and Retirements in 2025 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized employees General Services Superintendent Dwight gave a verbal presentation honoring Automotive Mechanic Uribe, Lead Mechanic Huizar, and Parking Maintenance Supervisor Coleman. Automotive Mechanic Uribe made brief comments. Public comment was not received. The Council praised the staff and retirees. 2. Receive a Presentation on the City's Unfunded Actuarial Accrued Liability/Pension Obligation Strategies (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation Drew Ballard, actuary consultant of the firm Foster & Foster, gave the staff presentation and answered Councilmembers' questions. Public comment was received from Nelson Vega, who urged the Council to use available funding and funding structures to pay down the unfunded pension liability. The Council discussed the matter. It was requested to discuss the topic again and evaluate pension funding strategies during the annual budgeting process, and it was stressed that a City Council Minutes March 18, 2025 strategy for more aggressively paying down pension liabilities should be a priority so as not to affect future generations. Concerns were raised about the risks of investing the pension side fund, because of security issues and potential losses, and further information was requested from City staff on fund management and safeguards in place. It was stressed that the Council would like to secure a 5% or greater return. It was stated that the Section 115 trust was a valuable tool for managing the City's CalPERS obligations moving forward. General Public Comments Public comment on non-agendized matters was received from Erica Walker. Consent Agenda Mayor Williamson said that the public had requested to pull Item 6 from the Consent Agenda. The Council commented on Item 5, stating that vessel insurance and other costs for older boats had increased dramatically, and asking that the Council and staff consider coming back to the Council in the future with more flexible provisions. It was requested to learn from the City Manager about what appeal process would be in place for anyone who couldn't make the September deadline, for instance if their boat were out for repair at the time of the deadline and they were still making regular payments. Mayor Williamson left the Chamber at 4:56 p.m. On a motion by Councilmember Smith, seconded by Councilmember Rasch, and carried by the following vote, the City Council approved the Consent Agenda except Item 6: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Williamson ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Consent: Approval of Minutes 3. March 4, 2025 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, Mayor Williamson absent) Consent: Ordinances 4. Second Reading of an Ordinance Amending Monterey City Code Section 38-29 and Section 38-32 to Add Bicycle/Equipment Rental as a Principally Permitted Use in the Community Commercial (C-2) and Cannery Row (CR) Zoning Districts (Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183) Action: Adopted Ordinance No. 3697 C.S. (4-0-1, Mayor Williamson absent) 5. Second Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1) Action: Adopted Ordinance No. 3698 C.S. (4-0-1, Mayor Williamson absent) 2 City Council Minutes March 18, 2025 Consent: Resolutions 6. Authorize Appropriating an Amount Not to Exceed $9,500 for Travel Expenses for Mayor Williamson and Councilmember Barber's Visit in June, 2025 to Sister City Isola delle Femmine, Sicily, Italy (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Pulled from Consent; Tabled (4-1, Councilmember Smith voting no) Mayor Williamson returned to the Chamber at 4:58 p.m. just after the Consent Agenda vote. He gave a verbal presentation regarding the request for travel expenses, said he would like to table the request, and answered Councilmembers' questions. Stating that the matter would return in the future for further discussion, Mayor Williamson limited the speaking time per person to 1 minute. Public comment was received from: Rick Aldinger, Nelson Vega, Carol Chorbajian, Nancy Selfridge, an unidentified woman, Carl Outzen, and Eloise Shim, who all spoke against the appropriation of public tax dollars on the Sister City visit; Bob Faulis, who asked for more clarity about the purpose of the Sister City program; Esther Malkin, who implied there was a staff conspiracy associated with bringing the matter forward at this particular time and said that the staff had neglected to develop an appropriate policy; and Kent Glenzer, who agreed with tabling the proposal, stating that that the matter was a policy issue. It was expressed by the Council that there would not be future support for any expenditure for travel Sister City excursions. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council tabled the item: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Rasch, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7. Approve a License Agreement with the Pecos League of Professional Baseball Clubs for Use of Frank E. Sollecito, Jr. Ballpark for Dates in May through August 2025 with Conditions (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 25-016 C.S. (4-0-1, Mayor Williamson absent) 8. Approve a Five-Year Allocation of Funds from the Sewer Line Maintenance Fund, and Authorize a Memorandum of Agreement with Monterey One Water (M1W) to Provide Inspection Services Related to the Sewer Pipe Blockage Control Program and Stormwater Management Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-017 C.S. (4-0-1, Mayor Williamson absent) 9. Adopt a Resolution Accepting the 2024 General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-018 C.S. (4-0-1, Mayor Williamson absent) Consent: Other 10. Authorize Settlement of the City's Claim Against Pacific Gas and Electric Company for $47,541.35 related to Power Outages on September 22, 2024, and September 24, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Authorized settlement (4-0-1, Mayor Williamson absent) 3 City Council Minutes March 18, 2025 11. Authorize the Mayor to Sign Additional Letters on Behalf of the City Supporting the Application by the Transportation Agency for Monterey County to the Senate Bill 1 Trade Corridor Enhancement Program (TCEP) and Local Partnership Program for the SR 156 – Castroville Blvd Interchange Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized Mayor to sign letters (4-0-1, Mayor Williamson absent) End of Consent Agenda The Council adjourned from the Council meeting to the Ocean View Community Services District meeting. Ocean View Community Services District Meeting: Consent Agenda 12. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report City Attorney Davi said there were no updates beyond what was written in the agenda report. Public comment was received from Bob Faulis, who gave an update regarding the status of legal proceedings and plans for future development with regard to the Ocean View Plaza Project, and asked the Council to consider sending a staff member to the July 2025 Coastal Commission meeting to support the project. The Board of Directors of the Ocean View Community Services District adjourned to the City Council meeting. Public Appearance 13. Second Reading of an Ordinance Amending Chapter 23, Sections 1, 2, and 9, Repealing Section 23-3 Subsections (a)-(c) and Section 20-85, and Adding Chapter 32, Section 5 Relating To Camping In Recreation Areas and On Other Public Property, and In Vehicles (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3699 C.S. Assistant City Attorney Salameh gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Katrina Hintze, who said that an area was missing on the map between Ramona Avenue and Roberts Avenue up to Del Monte Boulevard and asked to keep the Naval Postgraduate School on the map; Bob Faulis, who said he wanted to be sure the public's access to the beach was not affected; Erica Walker, who expressed concern about the 30 day period indicated in the ordinance under "Necessity of Warning Prior to Citation"; Lorna Moffat, who expressed concern about a lack of compassion being shown to homeless people; and Eloise Shim, who spoke against public camping, citing health issues. On question from the Council, Assistant City Attorney Salameh provided clarity on the 30 day period indicated in the ordinance under "Necessity of Warning Prior to Citation." Police Chief Hober addressed questions about how the City and its police officers interact with local jurisdictions. Community Development Director Cole provided context about the zoning for the area identified by Ms. Hintze. Assistant City Attorney Salameh clarified that this ordinance was not 4 City Council Minutes March 18, 2025 tied to "open space" zoning but included the Recreational Trail and other property owned by the City that was maintained for active or passive recreational purposes. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Ordinance No. 3699 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Adjourn to Closed Session Public comment was not received on the closed session items. The Council adjourned to closed session at 6:03 p.m. Closed Session 14. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 285 Figueroa Street (Monterey Beach Station) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from March 4, 2025 Action: On a unanimous roll call vote, confidential direction was given to property negotiators 15. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) (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 was given to legal counsel The Council recessed at 6:43 p.m. and reconvened at 7:02 p.m. EVENING SESSION AGENDA: 7:00 p.m. to 10:30 p.m. Councilmember Rasch led the Pledge of Allegiance. Announcements from Closed Session City Attorney Davi reported out from the closed session as indicated in the actions recorded for closed session items 14 and 15, above. General Public Comments, Continued Public comment on non-agendized matters was received from Nelson Vega, an unidentified woman, Nina Beety, and Lorna Moffat. 5 City Council Minutes March 18, 2025 Evening Session Items Public Appearance (Evening) 16. First Reading of an Ordinance Amending Chapter 8, Sections 2.02 and 2.03 Relating to the Rental Inventory Program Exempt Properties Reporting and Fee Pass-Through (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Passed Ordinance to a second reading (3-2, Councilmembers Rasch and Smith voting no) Management Analyst Ackermann gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Hans Jannasch, who suggested the creation of a commission or other arbitration system, in which tenants and landlords could come together to discuss issues, and in which participation would preclude eviction; Nelson Vega, who spoke against the removal of the 50% fee pass-through to tenants, citing difficulties faced by landlords; an unidentified man, Adam Pinterits, an unidentified woman, and Lori Mazzuca, who all spoke against the continuation of the Rental Inventory Program; Nancy Soulé, who asked that a landlord be able to report a vacancy at the time a unit is advertised for rent instead of within 30 days; Erica Walker, who expressed concern about email being required for participation in the registry; an unidentified woman, who said the program should be ended, or all data including those of "mom and pop" landlords (who she said should participate for free) should be collected and analyzed and then the program ended; Esther Malkin, who said one year had not been enough time to gain the insight needed; Monica Lal, who cautioned that excessive regulation might deter property owners from renting out units; and Tom Reeves, who asked for an exemption for family-to-family rentals. During public comments, Councilmember Smith left the Chamber from 7:44 p.m. to 7:46 p.m. The Council took up the matter. On question from the Council, Management Analyst Ackermann and City Manager Uslar said that exemption of family-to-family rentals would be onerous to determine and to enforce. Management Analyst Ackermann clarified how City staff would handle a registration by a landlord who wished to take some time between rentals to fix up the property or have it off the market, stating that landlords were required to report vacancies but were not required to immediately re-register unless or until they re-entered the rental market. He clarified that vacant units were defined as any units that were not currently occupied. Regarding the pass-through fee from landlord to tenant, it was argued that it unfairly burdened landlords and that it would impact tenants regardless because landlords would always pass costs on to tenants. On the other hand it was noted that the fee expense would be fair if applied fully to landlords because it was a tax write-off for landlords and not for tenants. Regarding the exemption for owners of three or fewer rental units, it was stated that removing it and requiring registration from these "mom and pop" owners would be appropriate, noting that when the exemption was first considered it had been assumed that there were fewer “mom and pop” owners and now data showed that the numbers of these owners were more significant. It was stressed that the Council was trying to capture as much information as possible to assist in crafting policy that would benefit all. On the other hand, comments were made suggesting that the "mom and pop" exemption be retained, stating that these property owners appeared to be protecting the City from corporate ownership of rental properties. Comments against staff's recommendation were made, disagreeing with the concept of the Rental Inventory as a whole, calling it overreach, and stating that data had been gathered and it now was time to decommission the program and focus on other ways to protect tenants, such as by providing rental assistance, addressing issues of slum landlords, and rehabilitating units. 6 City Council Minutes March 18, 2025 Comments in support of staff's recommendation were made, stating that the registry was succeeding in its intention to provide valuable data that the City didn't already have. It was stated that the program ensured transparency and was supposed to create a fair and equitable marketplace, help residents, and improve systems. A motion was introduced by Councilmember Garcia, and seconded by Councilmember Barber, to pass the draft Ordinance to a second reading. A friendly amendment to the motion was introduced by the motion seconder to keep the 50% fee pass-through but implement a 12-month payment period for the renter's portion of the fee. The mover did not support the suggested amendment, stating that part of the purpose of the program was to support tenants and noting that property owners could write the fee off as a cost of doing business. The motion seconder withdrew her friendly amendment. A substitute motion was introduced by Councilmember Smith, and seconded by Councilmember Rasch, to decommission the program entirely. and carried by the following vote The Council briefly discussed the need for landlord privacy. On the one hand, it was requested that owners' names and addresses not be linked with the amount of rent that they charged. On the other hand, it was stated that the program had been established in such a way that a lot of information was already kept private. The substitute motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Rasch, Smith NOES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council briefly further discussed concerns regarding the fee pass-through, i.e. whether it unduly burdened landlords, and whether it would burden tenants who were meant to be protected. The initial motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Rasch, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 8:47 p.m. and reconvened at 9:03 p.m. 17. Approve a Public Engagement Approach for Lower Presidio (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved the proposed public engagement approach Library & Museums Director Edwards gave the staff presentation, which outlined the recommended approach to public engagement on the future of the Lower Presidio: 1) Conduct initial engagement (community survey, Have Your Say Monterey public engagement project page, and community workshops) with residents and the community at large; 2) Engage with and deliver presentations to Parks and Recreation Commission (PRC), Historic Preservation Commission (HPC), and Museums and Cultural Arts Commission (MCAC) and gather feedback from one designated liaison from each of the bodies who would also participate in future community 7 City Council Minutes March 18, 2025 charrettes and workshops; and 3) Conduct a community charrette and workshop about the future of Lower Presidio Historic Park, with participation by the designated liaison from each of the three commissions. He answered Councilmembers' questions. Public comment was received from: Bill Wojtkowski of the Old Monterey Foundation, who said that the Lower Presidio should remain open to the public, said the foundation would assist with outreach, suggested a joint meeting of relevant commissions, and called for continued study of slope erosion issues; Tom Reeves, who said that Base Realignment and Closure ("BRAC") discussions were very relevant, urged the City to remove the sidewalk from the Lighthouse Curve which he said was dangerous, and questioned the concept of a fair market value for a historic park and Native American heritage site; and Alan Haffa, who said that the site was historic and important and should not be surrendered, noting that many Monterey residents donated to its restoration, and suggested that the CIty work with the Undersecretary of the Army. The Council discussed the matter and agreed on the importance of preserving the site’s historical and cultural significance. It was stated that the site had room for improvement of traffic flow and layout. The proposed public engagement process was supported and it was stressed that neighborhood associations needed to be included in discussions. It was noted that there had been discussions about how to involve Federal representatives. Mr. Wojtkowski's suggestion of a joint commission meeting was discussed and supported, though it was noted that there could be logistical challenges relating to meeting on-site at the Presidio. It was urged that the City seek federal and nonprofit partnerships to fund preservation of the property, with particular interest in the potential for designation as a National Historic site, which was stated to be possibly the most secure way to maintain and preserve the public space. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the public engagement approach for the Lower Presidio: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 18. Approving a Pathway for Undergrounding Implementation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Approved moving forward with a contracted consultant to do the work needed to execute the North Fremont Rule 20A undergrounding project (4-1, Councilmember Smith voting no) City Engineer/Deputy Public Works Director Easterling gave the staff presentation outlining options available to the Council for selection as a pathway for utility undergrounding implementation, including: hiring a full-time Senior Project Manager to oversee the project; developing a Master Plan; and forming a Technical Advisory Committee appointed by the Mayor/City Manager consisting of subject matter experts including City staff. Public comment was received from: Ray Meyers and Suzanne Grimes of the independent neighborhood committee Monterey Undergrounding, who urged that the City hire a dedicated undergrounding project manager; Charlie Chell, who spoke in favor of establishing a master plan to guide project prioritization and secure funding opportunities; Hans Jannasch, who said that there was a lot of public support in Monterey for utility undergrounding, which he said was related to wildfire prevention; Nancy Soulé, who echoed the call for hiring a project manager and said that evacuation routes should be undergrounded first; Eric Palmer, who expressed concern about hiring a full-time employee and staffing a new committee without guaranteed funding and documented support from property owners; an unidentified man who said he was a retired first 8 City Council Minutes March 18, 2025 responder and supported the formation of a technical advisory committee and development of a master plan; Tom Reeves, who expressed concern about relying on Neighborhood and Community Improvement Program ("NCIP") funds that he said may not always be appropriate to be used for undergrounding, and suggested dedicating a portion of Transient Occupancy Tax ("TOT") funds instead to fund paying for a dedicated staff member; Esther Malkin, who echoed interest in protecting evacuation routes but also highlighted other infrastructure needs that she said City residents may prioritize; and Kim Cutino, who stressed the needs both to be thoughtful and flexible in where to place utility lines underground, and to ensure that water was available to put out fires when needed. The Council took up the matter for discussion. Regarding whether to hire staff or secure a consultant to do undergrounding project management, concern was raised about whether there was sufficient ongoing revenue to justify hiring dedicated staff. It was requested to learn more about how the City would fund a staff member once NCIP funds were no longer used for their salary. On the one hand, it was argued that a full-time project manager would provide continuity and accountability, and concerns were expressed that a consultant might lack beneficial existing ties to the City and could be replaced mid-project, which would be disruptive. On the other hand, concerns were expressed about budget constraints associated with hiring a full-time staff member, it was questioned whether the role could be absorbed into existing staffing if long-term funding became uncertain, and hesitation was shared regarding burdening the general fund without certainty about the future. It was stated that any staffing of a new position should be brought to the Council in a few months during the budget process. On question from the Council, City Manager Uslar provided insight about logistics of hiring consultants. Regarding a master plan, it was stated that a comprehensive master plan was needed, with arguments that a well-defined strategy would clarify priorities and improve access to funding. On the other hand, concern was expressed that excessive planning could delay implementation, and an incremental approach was urged instead. It was stated that community engagement and public buy-in would be of extreme importance, and stressed that property owners and businesses would need to be well-informed about the costs and benefits of undergrounding utilities. It was suggested that the City conduct a community undergrounding survey to gauge sentiment and gather data to inform future decisions. Regarding funding mechanisms, historical context was provided for Pacific Gas and Electric ("PG&E") Rule 20A funds, and it was stressed that the City should take advantage of its allocated $4.7 million in Rule 20A funds before their expiration and redistribution in 2031. The potential for a benefit assessment district was discussed, and it was stated that there could be significant pushback from property owners who could not afford their part of the cost. Concerns were expressed about potential conflicts among neighbors if assessment districts were to be implemented, stating that some residents might feel they were unfairly burdened. The prioritization of North Fremont Boulevard as a pilot area was discussed, and it was stated that such prioritization would be justified due to PG&E’s designation of the area as under-serviced, making it eligible for the remaining Rule 20A funding. On the one hand, it was questioned whether other high-priority areas, such as neighborhoods with higher wildfire risk, or evacuation routes, should be prioritized. On the other hand, it was argued that focusing on North Fremont as a pilot project made sense and would serve as a replicable model for future undergrounding efforts. It was noted that the City would learn from using North Fremont as a pilot corridor, such as what stakeholders would be impacted, how to coordinate with businesses about disruptions, and how to handle utility connections to structures that were receded far back from the street. 9 City Council Minutes March 18, 2025 Regarding forming a technical advisory committee, support was expressed for involving experts, engineers, and community representatives in an advisory capacity, who would ensure appropriate and knowledgeable oversight of undergrounding projects. However, it was also stated that the focus and priority should be on the North Fremont project and that a committee should not be started before there was an actual need for it. Ultimately, after extensive discussion, support was expressed for beginning utility undergrounding incrementally, starting with using existing PG&E Rule 20A funds before committing to further obligations. A motion was introduced by Councilmember Smith, and seconded by Councilmember Rasch, to direct the City Manager to proceed with hiring a project manager staff member to implement the pathway for undergrounding implementation. On a substitute motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the Council directed City staff to move forward with hiring a contract consultant to do the work needed to execute the North Fremont Rule 20A undergrounding project: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Rasch, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Council Comments Councilmember Smith conveyed thanks to Library and Museums Director Edwards for speaking to the Cannery Row Rotary Club a few weeks prior. He said there would be a significant vote upcoming at the California Transportation Commission which if approved would fund and approve a California Environmental Quality Act (CEQA) designation for the Monterey-Salinas Transit SURF! Busway project. Regarding the topic of Base Realignment and Closure (BRAC), he said that that at the end of March he would be traveling with the City Manager to Virginia to attend the Association of Defense Communities summit. City Manager Reports – None made. Adjournment The Council adjourned at 11:39 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 10

Agenda

Mayor Tyller Williamson CITY COUNCIL AGENDA Councilmembers Kim Barber, District 1 Council Regular Meeting and Ed Smith, District 2 Closed Session Jean Rasch, District 3 Gino Garcia, District 4 Tuesday, March 18, 2025 City Manager Council Chamber Hans Uslar 580 Pacific St. 4:00 PM – 6:00 PM Monterey, California 7:00 PM – 10:30 PM City Attorney M. Christine Davi HOW TO PARTICIPATE IN THIS MEETING:  In-Person: At the meeting location listed above.  Remotely via ZoomGov webinar: o On a computer or smartphone: https://monterey-org.zoomgov.com/j/1607729333 Zoom software must be up-to-date. For help, please use our Zoom Meeting Instructions. o By telephone dial 833-568-8864 (Toll Free), 669-254-5252 (CA) or 646-828-7666 (NY). If one number doesn’t work, please try another. Enter Webinar ID: 160 772 9333 # If asked for participant ID, press #. To raise your hand: dial *9. Once called upon, dial *6 to unmute.  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).  Written comment: Emailed comments to cityclerk@monterey.gov sent no later than ½ hour before the start of the meeting (sooner preferred) are not read aloud but are made available to the Council and public at monterey.gov/submitted-comments 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. 30 minutes per item – Public Appearance and Public Hearing items b. 15 minutes per item – All other items (including, but not limited to, Consent, Closed Session, Presentations, and Requests to Agendize) 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 §84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $500 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. 3/18/2025 4:00:00 PM Call to Order AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. Presentations 1. Recognize City Employees for Milestone Anniversaries and Retirements in 2025 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2. Receive a Presentation on the City's Unfunded Actuarial Accrued Liability/Pension Obligation Strategies (Not a Project under CEQA 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. Consent: Approval of Minutes 3. March 4, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Consent: 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. 4. Second Reading of an Ordinance Amending Monterey City Code Section 38-29 and Section 38-32 to Add Bicycle/Equipment Rental as a Principally Permitted Use in the Community Commercial (C-2) and Cannery Row (CR) Zoning Districts (Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183) 5. Second Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1) Consent: 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. 6. Authorize Appropriating an Amount Not to Exceed $9,500 for Travel Expenses for Mayor Williamson and Councilmember Barber's Visit in June, 2025 to Sister City Isola delle Femmine, Sicily, Italy (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) 2 3/18/2025 4:00:00 PM 7. Approve a License Agreement with the Pecos League of Professional Baseball Clubs for Use of Frank E. Sollecito, Jr. Ballpark for Dates in May through August 2025 with Conditions (Exempt from CEQA, Article 19, Section 15301, Class 1) 8. Approve a Five-Year Allocation of Funds from the Sewer Line Maintenance Fund, and Authorize a Memorandum of Agreement with Monterey One Water (M1W) to Provide Inspection Services Related to the Sewer Pipe Blockage Control Program and Stormwater Management Program (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 9. Adopt a Resolution Accepting the 2024 General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Consent: Other 10. Authorize Settlement of the City's Claim Against Pacific Gas and Electric Company for $47,541.35 related to Power Outages on September 22, 2024, and September 24, 2024 (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 11. Authorize the Mayor to Sign Additional Letters on Behalf of the City Supporting the Application by the Transportation Agency for Monterey County to the Senate Bill 1 Trade Corridor Enhancement Program (TCEP) and Local Partnership Program for the SR 156 – Castroville Blvd Interchange Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) End of Consent Agenda Adjourn to Ocean View Community Services District Meeting Ocean View Community Services District Meeting: Consent Agenda This is a separate legal body of the City that oversees the operations of the Ocean View Community Services District desalinization plant. All matters listed under Consent Agenda are routine and will be adopted by one motion unless a member of the CSD or the public requests discussion or a separate vote. 12. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Adjourn to City Council Meeting Public Appearance Public Appearance items are on non-routine issues that might stimulate public interest and comments. 13. Second Reading of an Ordinance Amending Chapter 23, Sections 1, 2, and 9, Repealing Section 23-3 Subsections (a)-(c) and Section 20-85, and Adding Chapter 32, Section 5 Relating To Camping In Recreation Areas and On Other Public Property, and In Vehicles (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3 3/18/2025 4:00:00 PM Adjourn to Closed Session The City Council will take public comments on closed session items before convening to closed session. Closed Session Part or all of a meeting may be closed to the public under special conditions. Council can consider only matters covered in the agenda descriptions. 14. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 285 Figueroa Street (Monterey Beach Station) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from March 4, 2025 15. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Recess Reconvene EVENING SESSION AGENDA: 7:00 p.m. to 10:30 p.m. No discussion of a new item will be started after 10:30 p.m. unless agreed upon by Council. Pledge of Allegiance Announcements from Closed Session General Public Comments, Continued Any person who did not offer a general public comment in the afternoon session may speak to any item that is not on the agenda and that is in the City of Monterey’s subject matter jurisdiction. Evening Session Items Public Appearance (Evening) Public Appearance items are on non-routine issues that might stimulate public interest and comments. 16. First Reading of an Ordinance Amending Chapter 8, Sections 2.02 and 2.03 Relating to the Rental Inventory Program Exempt Properties Reporting and Fee Pass-Through (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 17. Approve a Public Engagement Approach for Lower Presidio (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 4 3/18/2025 4:00:00 PM 18. Approving a Pathway for Undergrounding Implementation (Not a Project Under CEQA per 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).) 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.gov/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments and materials provided to the Council become part of the public record. Members of the public who comment in any fashion on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $500 to an officer of the City within the preceding 12 months. 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.gov 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 disabled people 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 cityclerk@monterey.gov 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. CITY OF MONTEREY 24-HOUR SUGGESTION HOTLINES: (831) 646-3799 or suggest@monterey.gov Upcoming city meetings are listed at monterey.gov/agendas For more information, call (831) 646-3935 5

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