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Council Regular Meeting

Regular Meeting

Monterey, CA · May 20, 2025

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, May 20, 2025 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia (left at 6:03 p.m.), Rasch, Smith, Williamson Absent: None * Attended remotely in the evening session 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, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Capital Programs Coordinator, Engineering Assistant, Parking Superintendent, Recreation Manager, Acting Assistant Fire Chief, Assistant Human Resources Director, Parks Supervisor, Planning Manager, Senior Public Works Inspector, General Services Superintendent, Streets & Utilities Operations Manager, Deputy Public Works Director/City Engineer, Administrative Assistants (Public Works Engineering) (2), General Services Field Operations Manager, Administrative Assistant (Recreation), Recreation Coordinators (2), Accounting Specialist (Parking), Management Analyst (Parks and Recreation), Senior Building Inspector, Harbor Marina Assistant, Senior Administrative Analyst (Fire), Acting Harbormaster, Sign Craftsworker, Recreation Supervisor, Division Chief (Cooper), Administrative Assistant (Library & Museums), Senior Engineer, Chief of Inspection Services/Building Official, Street Maintenance Lead Worker, Field Sports Coordinator, Recreation Specialist, Park Operations Manager, Park Maintenance Worker, Fitness Supervisor, Aquatics Coordinator, Guest Services Specialist (Monterey Sports Center), Fitness Assistant and Specialty Class Instructor, Senior Facility Specialist, Senior Aquatics Specialist, Assistant Parking Superintendent, Harbor Security Worker, Engineering Projects Manager, Administrative Services Technician, Building Maintenance Supervisor, Parking Superintendent, Parking Enforcement Supervisor, Building Maintenance Craftsworker, Parking Enforcement Officers (5), Parking Services Representative Teleconference Notice This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act. AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. 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. City Council Minutes May 20, 2025 Presentations (Afternoon) 1. Congratulate Parks and Recreation Director Karen Larson on Her Retirement and Recognize Her 39 Years of Service to the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Congratulated and recognized Parks and Recreation Director Larson City Manager Uslar spoke in celebration of Parks and Recreation Director Larson's tenure at the City, and Parks and Recreation Director Larson made remarks thanking her family and colleagues for their partnership over the years. Public comment was received from Wendy Brickman, who thanked Ms. Larson for her dedication to the City, and Tom Reeves, who commended Ms. Larson for her kindness and hard work. The Council discussed Ms. Larson and complimented her on her excellent work, dedicated public service, professionalism, listening skills, and kindness, and the impact she had made on others during her years working for the City. 2. Recognize National Public Works Week 2025 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Recognized National Public Works Week Mayor Williamson read the proclamation, and Public Works Director Renny with Sign Craftsworker Huerta, Assistant Parking Superintendent Bradley, and Harbor Security Worker Dalton jointly gave the staff presentation celebrating National Public Works Week. Public comment was received from: Wendy Brickman, and Kelly Violini of Monterey Fairgrounds, who both commended Public Works staff. General Public Comments Public comment on non-agendized matters was received from: Wendy Brickman, Kelly Violini of Monterey Fairgrounds, Devon Wardlow of Embarc, Taryn Cadena, and Nina Beety. Consent Agenda The Council requested to pull Items 6, 7, and 11. A member of the public requested to pull Items 6, 9, 10, 11, and 13. Public comment on the Consent Items was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the Consent Agenda except Items 6, 7, 9, 10, 11, and 13: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) Consent: Approval of Minutes 3. April 30, 2025 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 4. May 6, 2025 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 2 City Council Minutes May 20, 2025 Consent: Award of Construction Contracts 5. Approve an Amendment to the Construction Contract with ACCO Engineered Systems, Inc., DBA, Geo H. Wilson for the Sports Center Pool Modernization Dehumidifier Replacement Project by Increasing the Contract Contingency Amount by $250,000 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 25-039 C.S. Consent: Ordinances 6. 1st Reading of an Ordinance to Repeal and Replace City Code Chapter 13, Article 3, to Adopt Updated Fire Hazard Severity Zones (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Passed ordinance to a second reading The Council stated that it was important for the public to receive a presentation on the matter. Division Chief Cooper gave a verbal staff presentation and answered Councilmembers' questions with input from City Attorney Davi. Public comment was received from Nina Beety, who questioned the benefit to the City and asked whether the City was required to adopt the updated Fire Hazard Severity Zones. On question, Division Chief Cooper confirmed that the City was required to adopt the zones. On a motion by Councilmember Barber, seconded by Councilmember Rasch, and carried by the following vote, the City Council passed the ordinance to a second reading: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 7. 2nd Reading of an Ordinance, Including Findings Demonstrating Need, to Increase Compensation for the Mayor and City Councilmembers Effective January 1, 2027 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Ordinance No. 3703 C.S. (3-2, Councilmembers Rasch and Smith voting no) Public comment was received from Nina Beety, who urged the Council not to pass the ordinance. The Council expressed the desire not to pass the ordinance, citing current fiscal difficulties and a recent increase for the Mayor and Council within the last couple of years, and suggesting that waiting a few more years would make sense. It was stated that the current compensation and benefits were very generous, that a small increase in compensation was unlikely to motivate more individuals to run for office, and that community members were not in support of the increase. On the other hand, in favor of the ordinance, the Council expressed that increasing the Mayor and Council's compensation would encourage participation from residents of diverse and financially less privileged backgrounds that could otherwise struggle to serve, and that establishing a process now for future increases would avoid the potential to wait decades for adjustments, as had happened previously. It was stated that it should not take a longer period of time to update compensation and it was noted that waiting longer periods of time could result in greater increases that could alarm constituents. It was noted that the proposed increase was relatively small and would be unlikely to affect the budget in any significant way, and that it would go into effect in 3 City Council Minutes May 20, 2025 2027 thereby affecting the Mayor and Council in place at that time and not necessarily this particular group of members. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council adopted Ordinance No. 3703 C.S.: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Rasch, Smith Consent: Resolutions 8. Approve a Concession Agreement for the Monterey Public Library Café with Ardent Culinaire with Conditions (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-040 C.S. 9. Authorize a Professional Services Agreement with Columbia Telecommunications Corporation (CTC) Media Group, Inc., for a Not to Exceed Amount of $200,000, to Provide Engineering Services to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 25-041 C.S. City Manager Uslar gave a brief verbal presentation. Public comment was received from Nina Beety, who alleged that CTC had a bias and conflict of interest due to its involvement in the wireless industry. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 25-041 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 10. Authorize Professional Services Agreement with Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000, to Provide On-Call Planning Services to Evaluate and Process Permit Applications for Wireless Facilities (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 25-042 C.S. (4-1, Councilmember Rasch voting no) City Manager Uslar gave a brief verbal presentation. Public comment was received from Nina Beety, who said that the work should be done in-house and that Rincon Consultants had a bias toward wireless applicants. The Council discussed the matter. The opinion was expressed that the City should do the work in- house and should be more thorough in looking at the matters for which the City contracts out, with concern expressed about a potential loss of local knowledge and self-reliance when relying on consultants instead of staff. On the other hand, it was stated that the City needed to have specific expertise on standby, and clarification was provided around the budgeting process for on-call consultant services. On question, City Manager Uslar said that the wireless ordinance would need amending in order to have wireless facility permit application processes done in-house and that at the time the 4 City Council Minutes May 20, 2025 ordinance was adopted it had been explained to both the public and the Council that due to the complexity of the ordinance the City would have to rely on consultants. City Manager Uslar and Planning Manager Hill explained that the City would only be required to use the contract if wireless facility applications were to be received, and confirmed that the costs of the contract would be passed along to any applicant(s). On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 25-042 C.S.: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 1 COUNCILMEMBERS: Rasch 11. Authorize Professional Services Agreements with Denise Duffy & Associates, Inc; Dudek; Dyett & Bhatia, Urban and Regional Planners; EMC Planning Group, Inc.; Rincon Consultants, Inc.; Placeworks, Inc.; Economic & Planning Systems, Inc; Kosmont and Associates, Inc.; and BAE Urban Economics, Inc. for a Not to Exceed Amount of $1,000,000 Each for On-Call Planning, Economic, and Environmental Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 25-043 C.S. The Council said that members of the community had misunderstood the matter and interpreted it falsely, believing that a total of $9M would be spent by the City, but that actually the contracts would only be used on an as-needed basis, and the costs could be charged back to applicants. City Manager Uslar and Community Development Director Cole provided further context on both the City's use of specialized consultants to support work in specialized matters, which they explained were recovered through developer costs or recovered through the Capital Improvement Program (CIP) or Neighborhood and Community Improvement Program (NCIP), and on the variation of expertise required to produce specialized Planning reports. It was stated that the Council should discuss the work plan and the projects. Public comment was received from Nina Beety, who asked whether in-house costs were also recouped and expressed concerns about the firms and their work, and Lori Mazzuca, who expressed concern about the quality of consuiltant work and suggested the City look to in-house employment and artificial intelligence (AI) as a solution. The Council discussed the matter. Concern was expressed about the process and outsourcing. It was suggested to think about needs for specialty expertise from a regional collaboration perspective. It was suggested that City staff prepare a list of the roles from which they sought assistance from contractors, in the interest of transparency. It was stated that it would be helpful to have more information in the agenda report for matters such as this, such as the criteria and scoring used for requests for proposals (RFPs). In terms of City staff's capacity, it was stated that it was understood and agreed that the current City staff was at its limit. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 25-043 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 12. Authorize Professional Services Agreements with Architectural Resources Group, Inc.; Dudek; and Page & Turnbull, Inc. for a not to exceed amount of $200,000 Each, to 5 City Council Minutes May 20, 2025 Provide On-Call Cultural Resource Preservation Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-044 C.S. 13. Authorize Professional Services Agreements with CSG Consultants, Inc., 4LEAF, Inc., TRB and Associates, and Bureau Veritas North America, Inc., for a Not to Exceed Amount of $500,000 each, to Provide On-Call Building Inspector, Permit Technician, and Plan Check Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 25-045 C.S. Public comment was received from Nina Beety, who said this was another example of more outsourcing of staff work and asked for its justification. The Council stated that the service agreements were used only when needed and that expenses were recovered. It was noted that the rigorous and changing requirements of the modern building codes for various types of buildings helped to create the necessity to augment the City's abilities with those of a qualified contractor. City Manager Uslar explained that the City had run two different recruitments for a plan checker and had not been able to hire one, and that the City therefore needed a consultant for these services in order to complement staff. On a motion by Mayor Williamson, seconded by Councilmember Rasch, and carried by the following vote, the City Council adopted Resolution No. 25-045 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 14. Authorize a Professional Services Agreement with GHD, Inc. for a Not to Exceed amount of $818,600 to Provide a Sea Level Rise Vulnerability Assessment, Adaptation Plan, and Economic Analysis (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 25-046 C.S. 15. Identify Cass and El Dorado Street Curb Ramp and Road Rehabilitation as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-047 C.S. 16. Award a Contract in the Amount of $131,928.00 to Alliance Environmental Group, LLC for Presidio of Monterey (POM) Kitchen Hoods and Exhaust Fans Cleaning ***IGSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1)) Action: Adopted Resolution No. 25-048 C.S. Consent: Other 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Michelle Price (Keystone America, Inc., dba The Paul Mortuary, a subsidiary of Service Corporation International); 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) Action: Appointed negotiators Cole and Aldrete 6 City Council Minutes May 20, 2025 End of Consent Agenda Councilmember Garcia left the meeting at 6:03 p.m. Afternoon Session Items Public Hearing (Afternoon) 18. Receive a Report on Compliance with Assembly Bill 2561 / Government Code Section 3502.3 regarding Vacancies, Recruitment and Retention Efforts (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Received report Human Resources Director Neal gave the staff presentation and answered Councilmembers' questions. A verbal presentation was received from General Employees of Monterey (GEM) representatives Laura Pratt and Shay Balesteri, who expressed concerns about the City's hiring practices, methods and alleged lack of motivation for filling vacant positions, and the resulting impacts on employees' morale and productivity. Specific allegations included: that GEM had many vacant full- time positions, some unfilled for years with no recruitment efforts; that a fire vehicle maintenance position added to the 2024 budget had never been filled, with the City instead having outsourced the work at higher costs; that the Public Employee Relations Board (PERB) had issued a complaint against the City after GEM's filing of an unfair labor practice charge against the City for outsourcing work without consulting the union; that lower-level employees were taking on higher- level responsibilities without proper pay due to unfilled senior roles; and that the City’s "hiring chill" resulted in reduced internal promotions and recruitment efforts. It was stated that the City and its residents would be better served by making a strong effort to fill vacant positions and when possible using promotional recruitments. Public comment was not received. The Council discussed the matter. On question, Human Resources Director Neal said that in the current fiscal year 32% of recruitments had been promotional, and the Council requested that this detail be included in the annual report in the future. The Council requested more transparency about when positions were being intentionally held vacant, and said that a discussion about outsourcing was in order, citing a feeling of vulnerability associated with outside parties doing important work such as repairing fire trucks. On question, City Manager Uslar said that outsourcing of fire engine repairs had been done in order to complete the repairs expeditiously. City Attorney Davi expressed concern that the discussion about fire engine repairs was straying from the agendized topic and requested that this particular line of conversation end. The Council expressed interest in holding a deeper conversation about the City's use of contractors, and about when contractors were appropriate to perform City work instead of in- house staff members. It was asked whether a solution to the need for occasional niche expertise could be to collaborate with regional partners. Mayor Williamson said that he would continue Items 19 and 20 to the evening session. 7 City Council Minutes May 20, 2025 19. Levy Assessments to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to Evening Session; Adopted Resolution Nos. 25-049, 25-050, and 25-051 C.S. (4-0-1, Councilmember Garcia absent) This item was heard first in the evening session. Community Development Director Cole gave the staff presentation and announced that neither she nor the City Clerk had received any protests. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll call vote, the City Council adopted Resolution Nos. 25-049, 25-050, and 25-051 C.S.: AYES: 4 COUNCILMEMBERS: Barber, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Garcia Public Appearance (Afternoon) 20. Adopt the City of Monterey Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to Evening Session; Adopted Resolution No. 25-051 C.S. (4-0-1, Councilmember Garcia absent) This item was heard second in the evening session. Engineering Assistant II Garcia gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Esther Malkin, of Del Monte Grove/Laguna Grande Neighborhood Association, who requested that the City review traffic safety on Casanova Avenue and consider placing a crosswalk there; and Chinyere Ogbonna, who asked whether the safety of the crosswalk at Cannery Row and Hoffman Avenue could be reevaluated. On question from the Council, Engineering Assistant II Garcia explained that sidewalk placement recommendations were often covered by the General Plan and that suggestions for individual crosswalks would be handled by staff according to the policy. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll call vote, the City Council adopted Resolution No. 25-051 C.S.: AYES: 4 COUNCILMEMBERS: Barber, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Garcia Adjourn to Closed Session Mayor Williamson said that Items 21 and 22 would be continued to the special meeting on May 23, 2025. Public comment was not received on the closed session. Closed Session (Afternoon) 21. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating 8 City Council Minutes May 20, 2025 Parties: Michelle Price (Keystone America, Inc., dba The Paul Mortuary, a subsidiary of Service Corporation International); 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) Action: Continued to May 23, 2025 special meeting 22. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1 Old Golf Course Road (Hyatt Regency Monterey) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Tony Lombardo (Representing FWREF Monterey, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from May 6, 2025 Action: Continued to May 23, 2025 special meeting 23. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organization: Monterey Executive Management Employees' Association (MEMEA) and Unrepresented Confidential Executive Management (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061) -- continued from May 6, 2025 Action: On a roll call vote of 4-0-1, with Councilmember Garcia absent, confidential direction was given to labor negotiators 24. Conference with Legal Counsel, Existing Litigation, Pursuant to Government Code section 54956.9(d)(1): 1. Caniglia v. City of Monterey (Workers Compensation Appeals Board Case No.: ADJ14079261 2. Perkins v. City of Monterey (Workers Compensation Appeals Board Case Nos.: ADJ14007581; ADJ18599532 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: In the matter of Caniglia v. the City, on a roll call vote of 4-0-1, with Councilmember Garcia absent, confidential direction was given to legal counsel; In the matter of Perkins v. the City, on a roll call vote of 3-0-1-1, with Councilmember Garcia absent and Councilmember Smith recused, confidential direction was given to legal counsel Recess The Council recessed at 7:12 p.m. Reconvene The Council reconvened at 7:26 p.m. EVENING SESSION AGENDA: 7 p.m. to 10:30 p.m. Mayor Williamson announced that Councilmember Barber was attending the evening session remotely by teleconference. 9 City Council Minutes May 20, 2025 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 (health), and stated that nobody over the age of 18 was present in the room with her during the meeting. Pledge of Allegiance Councilmember Rasch led the Pledge. General Public Comments, Continued Public comment on non-agendized matters was received from Keith Rootsaert. Announcements from Closed Session Assistant City Manager Rojanasathira reported out from the closed session as indicated in the actions recorded for closed session items 21, 22, 23, and 24, above. The Council then took up Items 19 and 20 that had been continued from the afternoon session. Evening Session Items Public Appearance (Evening) 25. Receive a Presentation on Various Financing Options to Address the Infrastructure Needs and Provide Direction (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received presentation, Provided direction This item followed Item 20 in the evening session. Finance Director King and City Manager Uslar gave the staff presentation and answered Councilmembers' questions. Topics of conversation during the Council's question period included the suggestions to increase the City's sales tax and to utilize an interactive tool that would allow public interaction with the process so residents could see what impact decisions would have; questions about what to bond, including a statement that bonding would make sense for a public safety facility; how to free up revenue to make it available every year; use of an incremental approach in infrastructure repairs; and what a better formula would be for the Neighborhood and Community Improvement Program (NCIP). During the question period, Councilmember Smith left the Chamber from 9:12 p.m. to 9:13 p.m. Public comment was received from: Lori Mazzuca, who spoke in opposition to reducing the NCIP allocation or repurposing its funds for debt service, and said that special purpose funds should require voter approval; Curt Tipton, who spoke in support of increasing Transient Occupancy Tax (TOT) without including NCIP's portion in the increase; Tom Reeves, who suggested removing self-funding funds like sewer and stormwater from discussion and proposed exploring a Charter amendment to allow NCIP funds to be spent on debt-financed projects; Corey Madden of the Monterey Museum of Art, who suggested the creation of an arts and cultural district that would extend down Calle Principal; and Keith Rootsaert, who stressed the importance of addressing climate change and sea level rise. The Council discussed the subjects outlined by City staff. Regarding rights-of-way infrastructure, the Council requested a detailed breakdown of what types of projects could be funded by Measure S versus other revenue sources. Regarding parking infrastructure, concern was expressed about using parking funds for other uses than parking infrastructure needs. Regarding harbor 10 City Council Minutes May 20, 2025 infrastructure, it was requested to learn more about when funding decisions would be made on an existing grant application for Wharf II repairs, and whether Wharf II repair funding could be provided, and work performed, incrementally over a five-year period without including it in a potential bond measure. Regarding existing buildings, facilities, and ADA Transition Plan needs, the importance was stressed of fully implementing the ADA Transition Plan and ensuring accessibility beyond minimum requirements while balancing costs, with the goal to make Monterey a highly accessible tourist destination. There was discussion about reducing costs by remodeling the existing public safety (Police and Fire) facilities rather than building new. Clarity was requested on the Monterey Public Library's needs, specifically for more information and cost estimates for essential upgrades or remodeling versus a major expansion. Regarding other infrastructure needs and new facilities, the Council identified a public safety facility as a high priority and said that robust community engagement was needed to determine residents' willingness to support a tax measure to fund it. Discussion about internal funding mechanisms included interest expressed in considering restructuring NCIP funding, including to incorporate the ability to bond against consistent revenue sources while maintaining community engagement; considering the sale of any assets that would be feasible and would generate sufficient profit; and in learning more about Enhanced Infrastructure Financing District (EIFD) and Community Revitalization Investment Area (CRIA) options and how they could offset expenditures from the CIP. Discussion about external funding mechanisms included interest expressed in increasing the sales tax; considering Curt Tipton's proposal for increasing the TOT; and using bond measures to fund major infrastructure projects, with a focus on identifying consistent revenue sources to anchor debt obligations. The importance was emphasized of planning for the renewal of Measure S following its sunset in 2027, and potentially expanding its scope to include infrastructure funding. It was stressed that it was crucial to engage with the community to learn how they feel about funding options and the Council's priorities. Requests for further information, in addition to those notated above, were made by the Council for: a list of city-owned buildings and assets, including their estimated value, to explore potential sales or repurposing; the City Manager to identify areas where costs could be reduced to address budget shortfalls; estimates of potential revenue from funding sources such as EIFDs and CRIAs; estimates for remodeling existing facilities like the public safety center and library instead of building new ones; detailed estimates for immediate and long-term needs for the police station, library, and other facilities; timing of when Measure G and Measure S would sunset and when their potential extensions would come to the Council for consideration; and greater transparency, including more data and spreadsheets, to be made available to the public to give them the ability to dig in and better understand the City’s costs. City Manager Uslar thanked the Council for their input and said that it helped to begin to see and formulate a path forward. 26. Receive Parks and Recreation Commission Recommendation and Approve the Preferred Concept for the Old Capitol Site Future Park Plan Development (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 25-052 C.S. (4-0-1, Councilmember Garcia absent) Recreation Manager Leon gave the staff presentation together with Beth Matz of BFS Landscape Architects, and they answered Councilmembers' questions. During the presentation, Councilmember Smith left the Chamber from 10:50 p.m. to 10:51 p.m. 11 City Council Minutes May 20, 2025 Public comment was received from: Mike Dawson and Lee Whitney, who both spoke in favor of the preferred concept and against biking at the site; Daniel Armendariz, who said that there was water in wells at the site and suggested that the City look into its water rights; and Esther Malkin, who asserted that when the City had acquired the site, a representative from the County had stated it could be used for housing but that the Council had chosen not to look into the possibility. City Attorney Davi provided historic and legal context as to why the property could only be used for parkland purposes in perpetuity. Despite the legal guidance, interest was expressed in exploring housing opportunities on a small portion of the land but it was acknowledged that there was a lack of support from colleagues and that challenges posed by the deed restriction would be significant. Regarding interest by some in allowing bicycles on the land, it was noted that City staff and consultants recommended against it due to environmental concerns and that nearby regional parks already provided plentiful biking opportunities. Support was expressed for a phased approach to developing the land for hiking and preserving it as open space, with funding and implementation to come later, including developing ADA-accessible trails as feasible to ensure inclusivity. The importance of prioritizing fire safety and fuel management in the meanwhile was emphasized. On a motion by Councilmember Rasch, seconded by Councilmember Smith, and carried by the following roll call vote, the City Council adopted Resolution No. 25-052 C.S.: AYES: 4 COUNCILMEMBERS: Barber, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 1 COUNCILMEMBERS: Garcia Council Comments Mayor Williamson said he would shortly be visiting Monterey's Sister City of Isola delle Femmine, in Sicily, Italy, and would share more when he returned. City Manager Reports None made. Adjournment The Council adjourned at 11:43 p.m. in memory of former Councilmember Alvin Andrus, who served the City from 1979 to 1983 and had passed away on April 19, 2025 in Washington State. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 12

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, May 20, 2025 City Manager Council Chamber, Hans Uslar 4:00 PM – 6:00 PM 580 Pacific St. 7:00 PM – 10:30 PM City Attorney Monterey, California 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. May 20, 2025 AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. Call to Order Presentations (Afternoon) 1. Congratulate Parks and Recreation Director Karen Larson on Her Retirement and Recognize Her 39 Years of Service to the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2. Recognize National Public Works Week 2025 (Not a Project Under CEQA per 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. April 30, 2025 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) 4. May 6, 2025 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Consent: Award of Construction Contracts 5. Approve an Amendment to the Construction Contract with ACCO Engineered Systems, Inc., DBA, Geo H. Wilson for the Sports Center Pool Modernization Dehumidifier Replacement Project by Increasing the Contract Contingency Amount by $250,000 (Exempt from CEQA Article 19, Section 15301, Class 1) ***CIP*** 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. 6. 1st Reading to Repeal and Replace City Code Chapter 13, Article 3, to Adopt Updated Fire Hazard Severity Zones (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 7. 2nd Reading of an Ordinance, Including Findings Demonstrating Need, to Increase Compensation for the Mayor and City Councilmembers Effective January 1, 2027 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2 May 20, 2025 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. 8. Approve a Concession Agreement for the Monterey Public Library Café with Ardent Culinaire with Conditions (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 9. Authorize Professional Services Agreement with Columbia Telecommunications Corporation (CTC) Media Group, Inc., for a Not to Exceed Amount of $200,000, to Provide Engineering Services to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 10. Authorize Professional Services Agreement with Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000, to Provide On-Call Planning Services to Evaluate and Process Permit Applications for Wireless Facilities (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 11. Authorize Professional Services Agreements with Denise Duffy & Associates, Inc; Dudek; Dyett & Bhatia, Urban and Regional Planners; EMC Planning Group, Inc.; Rincon Consultants, Inc.; Placeworks, Inc.; Economic & Planning Systems, Inc; Kosmont and Associates, Inc.; and BAE Urban Economics, Inc. for a Not to Exceed Amount of $1,000,000 Each for On-Call Planning, Economic, and Environmental Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 12. Authorize Professional Services Agreements with Architectural Resources Group, Inc.; Dudek; and Page & Turnbull, Inc. for a not to exceed amount of $200,000 Each, to Provide On-Call Cultural Resource Preservation Services (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 13. Authorize Professional Services Agreements with CSG Consultants, Inc., 4LEAF, Inc., TRB and Associates, and Bureau Veritas North America, Inc., for a Not to Exceed Amount of $500,000 each, to Provide On-Call Building Inspector, Permit Technician, and Plan Check Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 14. Authorize a Professional Services Agreement with GHD, Inc. for a Not to Exceed amount of $818,600 to Provide a Sea Level Rise Vulnerability Assessment, Adaptation Plan, and Economic Analysis (Exempt from CEQA per Article 19, Section 15306, Class 6) 15. Identifying Cass and El Dorado Street Curb Ramp and Road Rehabilitation as the Project to be Funded by SB 1: The Road Repair and Accountability Act (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 16. Awarding a Contract in the Amount of $131,928.00 to Alliance Environmental Group, LLC for Presidio of Monterey (POM) Kitchen Hoods and Exhaust Fans Cleaning ***IGSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1)) 3 May 20, 2025 Consent: Other 17. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Michelle Price (Keystone America, Inc., dba The Paul Mortuary, a subsidiary of Service Corporation International); 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) End of Consent Agenda Afternoon Session Items Public Hearing (Afternoon) Public Hearings are held to receive a staff presentation and public comment on certain items prior to City Council action. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the public hearing. (Government Code section 65009.) 18. Receive a Report on Compliance with Assembly Bill 2561 / Government Code Section 3502.3 regarding Vacancies, Recruitment and Retention Efforts (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) 19. Levy Assessments to Fund the Cannery Row, New Monterey, and North Fremont Business Improvement Districts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Public Appearance (Afternoon) Public Appearance items are on non-routine issues that might stimulate public interest and comments. 20. Adopt the City of Monterey Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Adjourn to Closed Session The City Council will take public comments on closed session items before convening to closed session. Closed Session (Afternoon) 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. 21. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: Crematorium at El Encinal Cemetery, Fremont Street and Camino Aguajito; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Michelle Price (Keystone America, Inc., dba The Paul Mortuary, a subsidiary of Service Corporation International); 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) 22. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1 Old Golf Course Road (Hyatt Regency Monterey) 4 May 20, 2025 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Tony Lombardo (Representing FWREF Monterey, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from May 6, 2025 23. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organization: Monterey Executive Management Employees' Association (MEMEA) and Unrepresented Confidential Executive Management (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 4, Section 15061) -- continued from May 6, 2025 24. Conference with Legal Counsel, Existing Litigation, Pursuant to Government Code section 54956.9(d)(1): 1. Caniglia v. City of Monterey (Workers Compensation Appeals Board Case No.: ADJ14079261 2. Perkins v. City of Monterey (Workers Compensation Appeals Board Case Nos.: ADJ14007581; ADJ18599532 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Recess Reconvene EVENING SESSION AGENDA: 7 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 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. Announcements from Closed Session Evening Session Items Public Appearance (Evening) Public Appearance items are on non-routine issues that might stimulate public interest and comments. 25. Receive a Presentation on Various Financing Options to Address the Infrastructure Needs and Provide Direction (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 26. Receive Parks and Recreation Commission Recommendation and Approve the Preferred Concept for the Old Capitol Site Future Park Plan Development (Exempt from CEQA per Article 19, Section 15306, Class 6) 5 May 20, 2025 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 6

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