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Council Regular Meeting

Regular Meeting

Monterey, CA · June 3, 2025

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 3, 2025 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Rasch, Smith, Williamson* Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause City Staff City Manager, Assistant City Manager, City Attorney, Finance Director, Present: Community Development Director, Fire Chief, Library & Museums Director, Public Works Director, City Clerk, Engineering Assistant, Recreation Manager, Acting Assistant Fire Chief, Sports Center Manager, Division Chief, Assistant Police Chief, Housing Manager, Deputy Public Works Director/City Engineer, Library and Museums Director, Assistant Library Director, Police Lieutenant, Senior Engineer, Assistant Human Resources Director, Chief Information Officer, Streets & Utilities Operations Manager, Finance Analyst, Facility Worker (Monterey Sports Center) 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 Vice Mayor Garcia called the meeting to order at 4:01 p.m. City Clerk Klein called the roll with the Council present as indicated above. Mayor Williamson confirmed that he could hear the meeting proceedings, gave a brief description of the circumstances relating to his need to appear remotely pursuant to the just cause clause (travel on official business), and stated that nobody over the age of 18 was present in the room with him during the meeting. Presentations (Afternoon) 1. Recognize June 2025 as Pride Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized June 2025 as Pride Month Mayor Williamson read the proclamation and made brief remarks. Public comment was received from: Ruth Krotzer, who asked when there would be a month of recognition for veterans; and Melanie Zaragoza of Monterey Peninsula Pride, who explained the tradition, meaning, and importance of Pride Month. During public comments, technical and sound issues caused the Council to take a recess from 4:19 p.m. to 4:32 p.m. When the sound was City Council Minutes June 3, 2025 restored, comment was received from: Lori Mazzuca, who remarked on the sound issues; Lorna Moffat and Tammy Jennings, who both expressed satisfaction with the proclamation but said that other groups should also be recognized; Cicada Swarm, who noted the months that were already dedicated to the other groups that had been mentioned; and Stephanie Spross, who spoke in favor of the proclamation, thanking the Council for the recognition. Melanie Zaragoza of Monterey Peninsula Pride was invited to say a few words regarding the proclamation. She spoke briefly and reflected on the feeling of harm that her community had experienced with recent events in Monterey City Council meetings. General Public Comments Public comment on non-agendized matters was received from Erica Walker, Nina Beety, Lorna Moffat, and Bryan Rosen. Consent Agenda Public comment on the Consent Items was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the Consent Agenda: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) Consent: Ordinances 2. 2nd 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: Adopted Ordinance No. 3704 C.S. Consent: Resolutions 3. Establish the 2025-26 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-054 C.S. 4. Authorize the Purchase of 31 Rugged Network Communication Switches From Western Systems, Inc. in the Amount of $94,038.88 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-055 C.S. Consent: Other 5. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 45 Municipal Wharf No. 2; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joseph Cricchio III (Joe's); Antonino Favaloro and Anthony Favaloro (Café Solé); Miguel Melendez (Archie's Eatery); Mohamad Tabib (El Tabib & Sons, Inc.) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Agency Negotiators Cole and Aldrete 2 City Council Minutes June 3, 2025 6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Chris Tautphaeus; Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Agency Negotiators Cole and Aldrete End of Consent Agenda Afternoon Session Items Public Hearing (Afternoon) 7. Open a Public Hearing to Receive Protests Related to the Collection of Sewer Service Charges on the Property Tax Roll for Fiscal Year 2025-26, Approve the Annual Rate Report of Sewer Charges for FY 2025-26, and Adopt a Resolution Authorizing the Collection of FY 2025-26 Sewer Charges on the Tax Roll if a Majority Protest Does Not Exist (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-056 C.S. City Engineer/Deputy Public Works Director Easterling gave a verbal staff presentation and answered Councilmembers' questions. Public comment was received from Tammy Jennings, who asked a question, and from an unidentified person who opposed placing the sewer service charges on the property tax roll, citing an alleged lack of transparency. On question from the Council, City Engineer/Deputy Public Works Director Easterling said that the rates were not being raised through this action and had been approved the previous year. City Manager Uslar and Mayor Williamson explained that property tax payments could be paid as annual, biannual, or month-to-month payments with a service fee. Mayor Williamson said that there was the same level of transparency provided through this charge collection process. City Clerk Klein performed the count of written protests and announced that there was not a majority protest. The Council noted that it was possible that having the bill on the tax roll might result in less of an impact to tenants. It was stated that this process would be beneficial to customers already, and would continue to be if in the future Monterey One Water placed its portion of the charges onto the tax roll as well. On a motion by Mayor Williamson, seconded by Councilmember Rasch, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-056 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 3 City Council Minutes June 3, 2025 Public Appearance (Afternoon) 8. Approve Installation of Rainbow Crosswalk(s) to Express the City's Support of the LGBTQ+ Community and Update the Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- continued from May 23, 2025 Action: Adopted Resolution No. 25-057 C.S., as amended to approve the installation of one rainbow crosswalk at the entrance to Alvarado Street at Pearl Street, whether permanent or temporary, contingent on the City's receipt of sufficient private contributions (4-1, Councilmember Smith voting no) Management Analyst Ackermann gave a brief verbal staff presentation. Assistant City Manager Rojanasathira provided an update regarding the Old Monterey Business Association's input about the matter of a potential rainbow crosswalk in their district, saying that individual feedback had been fairly split and that the association had deferred the matter to the City Council for a decision. Based on the number of people expressing interest in speaking, Vice Mayor Garcia said that he would limit the public comment to one minute per speaker. The Council discussed various factors and Vice Mayor Garcia settled on one minute per person. City Manager Uslar said that staff had conducted a tally of written public comments, which had come out at 143 individuals expressing support for the installation of a rainbow crosswalk, and 94 individuals expressing opposition. Public comment in favor of the proposal was received from: Cora Panturad, Cheryl Fraenzl of the Diversity Center, Vanessa Diffenbaugh, Briana Sanford, Brian Sanford, Nic Coury, Fable Moncure, Christa Camarillo, Suzy Worcester, Jackie Atchison of Arts Council for Monterey County, Paul Richmond, Rebecca Perry, Dr. Ri Chang, Kyndace Safa, Melanie Zaragoza, Sarah Epperson, Taryn Cadena, Ellen Martin, Bill Lewis, Michel McMahan, Meganne Yeoman, Chinyere Ogbonna, Stephanie Spross, and Beth Walker. Reasons given for supporting the proposal included the importance of: visibility and representation, acknowledging communities that have been marginalized, the mental health and safety benefits it could provide, demonstrating inclusivity, fostering public art and community pride, and preventing bullying and suicide. It was stressed that rainbow crosswalks were common in other cities, and that a generous amount of private funding had been collected for the installation of one in Monterey. Public comment in opposition to the proposal was received from: Two different unidentified speakers, Fred Menezes, David Canepa, Cathy Giammanco, Heidi Sullivan, Vicki Nohrden, Carrie Griffin, Carina Powers, Katrina Hintze, Ruth Krotzer, Graziella Cardinalli, Lorna Moffat, Nina Beety, Bryan Rosen, and Tammy Jennings. Reasons given in opposition included: an allegation that the Mayor had a conflict of interest due to his membership in the Peninsula Pride organization, safety concerns, budget concerns, personal religious beliefs, and an assertion that other groups should also get consideration for crosswalks. Concern was expressed that the matter was a distraction from important City issues, and suggestions were made for alternative ways to acknowledge the LGBTQ+ community. Public comment that was neutral was received from Rick Aldinger, who said that any special interest group crosswalk should be funded with private funds. During public comments, Councilmember Barber left the Chamber from 5:52 p.m. to 5:55 p.m, Councilmember Smith left from 6:02 p.m. to 6:04 p.m., and Councilmember Rasch left from 6:04 p.m. to 6:06 p.m. The Council discussed the matter. It was stated that the Council had done a decent job of trying to find middle ground. 4 City Council Minutes June 3, 2025 A motion was introduced by Mayor Williamson, and seconded by Councilmember Barber, to approve installation of a rainbow crosswalk at mouth of Alvarado St., whether permanent or temporary, contingent on private contributions and on staff finding the design consistent with the established standards, and adopt Resolution No. 25-057 C.S. approving the crosswalk policy. On question about any potential conflict of interest held by the Mayor due to his participation in Peninsula Pride, City Attorney Davi said that she had reviewed public comments and other information and that they had not given rise to any conflict of interest because in reviewing and deciding on the matter the Council would be acting in its legislative capacity, where it was expected that individuals would have strong views and opinions and exercise the power of their office for the benefit of the public. She provided plentiful examples of other examples of legislative acts that she described as expressions of government speech. On question, City Manager Uslar said that the initial installation would last about one year and that for legal and safety reasons, City staff would need to do the painting. The Council discussed the motion. In opposition to the motion, it was stated that crosswalks should be for safety and not public art. It was stated that voting in opposition would not express any derogatory feelings toward the community. Appreciation was expressed that staff had made the effort to reach out to the business communities. Concern was expressed about ensuring fairness for other groups who might request recognition. It was expressed that there was a lot of community feedback and that this was appreciated. In support of the motion, reference was made to discussion and comments made by the Council at the May 23, 2025 special meeting and it was stated that members' views in favor remained consistent. The importance of inclusivity was stressed. It was noted that allowing the rainbow crosswalk was a government speech policy by the Council, not a free speech policy for future proposals or considerations of crosswalk art. It was stated by the Council that the process had been flawed and ideally would have been done with more time for the community to have more input. It was stated that the motion could be supported because it was for one crosswalk paid for with private funds. On question, City Manager Uslar provided information for how the Pride organization and any other interested organization would be able to contribute financially. The motion passed by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Rasch, Williamson NOES: 1 COUNCILMEMBERS: Smith 9. Proclamation Apologizing to the Esselen and Rumsien First Peoples in Monterey and Acknowledgement of Historic Injustices Towards Native American Populations (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to June 17, 2025 On the recommendation of City Manager Uslar, the Council took up Item 9 before Item 8. He said that he recommended that the Council continue the item to June 17, 2025 in order to make a few more edits to the proclamation. 5 City Council Minutes June 3, 2025 Public comment was received by Rudy Rosales, tribal leader, who thanked the Council for the apology and for being willing to continue the item to the next meeting for the purposes of making minor tweaks to the document; Melanie Zaragoza, who spoke in favor of the proclamation; Ruth Krotzer, who asked about recognition of other ethnicities; Nina Beety, who said the document did not go into sufficient depth regarding the devastating harm done to indigenous peoples and their cultures and traditions; and Louise Ramirez of the Ohlone Costanoan Esselen Nation, who spoke about tribal and family lineages and expressed interest in participating in edits to the proclamation. During public comments, Councilmember Smith left the Chamber from 5:14 p.m. to 5:15 p.m. On a motion by Councilmember Barber, seconded by Councilmember Rasch, and carried by the following roll-call vote, the City Council continued the matter to June 17, 2025: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) Adjourn to Closed Session Public comment on the closed session was not received. Vice Mayor Garcia said that the evening session would start around 7:15 p.m. Closed Session (Afternoon) 10. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Chris Tautphaeus Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction was given to property negotiators 11. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 45 Municipal Wharf No. 2; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joseph Cricchio III (Joe's); Antonino Favaloro and Anthony Favaloro (Café Solé); Miguel Melendez (Archie's Eatery); Mohamad Tabib (El Tabib & Sons, Inc.); Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction was given to property negotiators 12. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533) 2. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD) Action: On a unanimous roll call vote, confidential direction was given to legal counsel 6 City Council Minutes June 3, 2025 Recess The Council recessed at 7:21 p.m. and reconvened at 7:31 p.m. EVENING SESSION AGENDA: 7:00 p.m. to 10:30 p.m. Pledge of Allegiance – Councilmember Barber led the Pledge. General Public Comments, Continued – None received. Announcements from Closed Session Assistant City Manager Rojanasathira reported out from the closed session as indicated in the actions recorded for closed session items 10, 11, and 12, above. Evening Session Items Public Appearance (Evening) 13. Adopt the Fiscal Year (FY) 2025-26 Operating Budget and Adopt a Resolution for the FY 2025-26 Salary Schedules for Regular Full-Time, Regular Part-Time and Part- Time/Seasonal Employees Effective July 1, 2025 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution Nos. 25-058 and 25-059 C.S., as amended to provide $50,000 for the Special Events Support Program (SESP), set the salary for Police Recruit to 15% below the first step for Police Officer, set the salary for Reserve Police Officer to be in line with the salary for Police Officer, and to adjust MEMEA positions as approved in closed session Finance Director King gave the staff presentation and noted a handful of recommended changes relating to salaries and positions that she asked the Council to make in an eventual motion. She answered Councilmembers' questions with additional input from Public Works Director Renny. The Council expressed interest in discussing further, on a different occasion, their expectations for the future Economic Development Manager position. Public comment was received from: Tom Reeves, who asked questions; and Esther Malkin, who said that the priority for the economic developer's focus should be the North Fremont area. On question, City Manager Uslar explained the City had long ago made a determination not to hire employees on a contract basis, in order to ensure that all employees receive the same benefits and equitable treatment. He noted that NCIP funding was not included in the table of 2025-26 CIP project funding because NCIP had not yet allocated funding to CIP projects. Finance Analyst Olsen answered that the listing of special revenue fund salaries included staff who were permanently assigned to the NCIP fund. On question, Public Works Director Renny provided an update on the status of the North Fremont Rule 20A undergrounding project. She said that there was not yet a clear timeline because Pacific Gas and Electric (PG&E) would be designing the project and would not begin this phase until they had gotten through other projects on their list. She assured the Council that City staff had a good relationship with the PG&E team and had been actively in touch with them to monitor progress. She added that PG&E was working with other cities that might not be ready to implement their projects, and that if a few other projects fell through then the City’s project would move up in priority. She explained that the City needed to build up its funding in order to cover the difference between the PG&E credits and total cost so that it did not lose the credits. 7 City Council Minutes June 3, 2025 The Council discussed the use of contract services to support City staff in specific matters due to staffing shortages, and it was explained that when needed it was crucial to have these contracts in place. On question, City Manager Uslar said that keeping the Special Event Support Program (SESP) active and funded was a decision for the Council. He provided context on the staff recommendation regarding First Night Monterey, explaining that the program consumed a lot of resources from the City and that most money was returned to the City in the form of revenues such as Monterey Conference Center rental fees. A motion was introduced by Councilmember Barber, and seconded by Councilmember Rasch, to adopt Resolution Nos. 25-058 and 25-059 C.S. A potential friendly amendment to the motion was broached that would keep the SESP active instead of discontinuing it, whether by pausing it or reducing its funding. The Council discussed various funding levels with which the SESP could continue to support community events. During this discussion a suggestion was made, and rejected by the mover, to reduce the Rental Assistance Program by $25,000. The mover amended her motion to provide $50,000 for the Special Events Support Program (SESP), set the salary for Police Recruit to 15% below the first step for Police Officer, set the salary for Reserve Police Officer to be in line with the salary for Police Officer, and to adjust MEMEA positions as approved in closed session, and the seconder agreed to the amendments. The motion carried by the following roll-call vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) It was proposed to reduce the Rental Assistance Program allocation from $250,000 to $200,000, citing financial constraints. City Attorney Davi advised that this would need to be in the form of a motion of reconsideration of the previous successful vote. A motion was introduced by Councilmember Smith to reconsider the previous vote in order to reduce funding for the Rental Assistance Program to $200,000 for Fiscal Year 2025-26. The motion for reconsideration died for lack of a second. 14. Approve the Five-Year Capital Improvement Plan, Authorize the Finance Director to Make Any Necessary Administrative Budget Transfers for Capital Improvement Program (CIP) Projects for FY 2025/26, and Reappropriate Capital Improvement Program Closeout Project Budget Savings in the Amount of $11,295,940 to Various Active Capital Improvement Program Projects (Exempt from CEQA per Article 19, Section 15301, 15302, 15306, Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 or Initial Study Mitigated Negative Previously Prepared and Certified) Action: Adopted Resolution No. 25-060 C.S. Public Works Director Renny gave the staff presentation and answered Councilmembers' questions. Public comment was received from Esther Malkin, who spoke about the serious need for allocation of funds to the Rental Assistance Program. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-060 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson 8 City Council Minutes June 3, 2025 NOES: 0 COUNCILMEMBERS: (None) 15. Provide Guidance Concerning 2025/26 Neighborhood and Community Improvement Program (NCIP) Objectives and Priorities ***NCIP*** (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Provided guidance to approve City staff’s recommendations, through a series of separate votes based on Councilmembers’ abstentions on specific projects City Manager Uslar provided a verbal introduction, after which Senior Engineer Paulding gave the staff presentation and answered Councilmembers' questions with additional input from Public Works Director Renny. Councilmember Barber left the Chamber from 9:26 to 9:27 p.m., Councilmember Smith left from 9:28 to 9:29 p.m., Vice Mayor Garcia left from 9:37 to 9:38 p.m., and Councilmember Rasch left from 10:19 to 10:20 p.m. Public comment was received from Tom Reeves, who said it was time to reconsider the future of Wharf II and stressed that the Neighborhood and Community Improvement Program (NCIP) Committee had always valued projects that supported public health, safety, and essential maintenance; Esther Malkin, who said that the City's public bathrooms needed serious attention; and Ann Pagan, who spoke in favor of updates to park centers, and asked why the City would consider taking on a new recreational facility when it had one that was currently underutilized. On question, City Manager Uslar explained that an idea for the use of 205 Montecito Avenue was still developing and would be brought to the Council, but shared in a preliminary way that staff was currently investigating an option to develop a facility adjacent to Montecito Park across the street from Fire Station 13 and partner with the Boys and Girls Club for program to share the facility. City Attorney Davi noted that she had not had time to provide legal review on the matter and cautioned the Council that NCIP-funded tenant improvements may not be recommended from a legal standpoint because typically NCIP funds were not used to pay for private property. City Attorney Davi identified the following 500-foot conflict areas relating to NCIP projects and said that the members were disqualified under the Political Reform Act from participating on these projects: Councilmember Barber: Citywide Restroom Remodels for Oak Newton Park, and ADA Improvements to Facilities at Oak Newton Park and Cypress Park; and Councilmember Smith: ADA Improvements to Facilities at Don Dahvee Park. For Mayor Williamson and Councilmember Garcia, she explained that there were projects within 1,000 feet of their properties that might impact their decision-making, but that these did not require automatic disqualification and these members would need to consider certain factors and choose whether to recuse themselves. She said that these projects were: Mayor Williamson: Citywide Restroom Remodels at Larkin Park, and ADA Improvements to Facilities at Larkin Park; and Councilmember Garcia: Citywide Restroom Remodels at Casanova Oak Knoll Park, and ADA Improvements to Facilities at Casanova Oak Knoll Park. She suggested that the Council begin with the 500-foot conflict areas. Councilmember Barber left the Chamber. On a motion by Mayor Williamson, seconded by Councilmember Rasch, and carried by the following roll-call vote, the Council approved “Citywide Restroom Remodels” for Oak Newton Park, and “ADA Improvements to Facilities” at Oak Newton Park and Cypress Park: AYES: 4 COUNCILMEMBERS: Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Barber Councilmember Barber returned, and Councilmember Smith left the Chamber. 9 City Council Minutes June 3, 2025 On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following roll-call vote, the Council approved “ADA Improvements to Facilities” at Don Dahvee Park: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Rasch, Williamson NOES: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Smith Councilmember Smith returned to the Chamber. Mayor Williamson and Councilmember Garcia stated that having reviewed the factors they had determined that they did not have conflicts for the identified projects and would not disqualify themselves. The Council discussed the remaining projects for which there had been no recusals. Regarding “Wharf II Repairs”, concern was expressed about investing further in Wharf II without a clear long-term strategy for its future. On the other hand, the importance of Wharf II for both commerce and recreation was stressed, and support was expressed for using NCIP funds for essential and regular maintenance needs while the City worked on a longer-term plan. Regarding “Citywide Public Restroom Remodels,” support was expressed, noting that restroom improvements would benefit both locals and tourists alike. It was suggested to prioritize restrooms that were in the most urgent need of repair. Regarding “Replace Failing Sections of Rec Trail Retaining Wall,” support was expressed and it was suggested to explore the possibility of incorporating public art into the project. Regarding “ADA Upgrades,” the importance was stressed of pursuing these improvements across City facilities and parks. Regarding “Rule 20A Utility Undergrounding,” support was expressed, stating that it aligned with the Council's prior direction to prioritize undergrounding utilities on North Fremont Street, and seemed to have support from the NCIP Committee. Regarding “205 Montecito Avenue Tenant Improvements,” it was suggested to put the project on hold until legal counsel could clarify whether the use of NCIP funds would be allowed for tenant improvements on private property. Regarding “El Estero Park Center Facility Improvements,” support was expressed in extending the life of the center, noting that the center was actively used by residents and provided value to the community. Specific comment was not made regarding the “Scholze Park Center Facility Improvements” project. Support was expressed for public art in general, not only as tied to any individual project. The importance of public safety was stressed and it was noted that many of the projects did fall into this category, particularly the ADA improvements. Support was expressed for spending NCIP funds in ways that would have the greatest impact in the long run. Trust and support were expressed for the NCIP committee's ability to prioritize projects, and gratitude was expressed for their history of supporting the City's infrastructure needs. Overall, the projects were stated to align well with the City's priorities and the NCIP Committee was stated to be trusted to review them thoroughly and make informed decisions. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the Council accepted the staff recommendation to make the remaining non- conflicted projects a priority for NCIP funding, with all comments offered by the Council during the discussion to be considered as the NCIP process moved forward: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 10 City Council Minutes June 3, 2025 Council Comments Councilmember Smith said that the discussion on the rainbow crosswalks had been vibrant and engaging and said he was disappointed that a commenter had accused a political party of making the matter political. He said that the City should always be open to hear from people in all segments of the community. City Manager Reports City Manager Uslar announced that the Monterey Public Library's summer reading program had begun and would run through July. He shared that the recent reopening of the swimming pool (natatorium) at the Monterey Sports Center had been a success. Adjournment The Council adjourned at 10:29 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 11

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, June 3, 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. June 3, 2025 Teleconference Notice A “Just Cause” teleconference attendance notification was received from Mayor Williamson, who will make a brief statement at the beginning of the meeting regarding the general description of the circumstances requiring remote participation. AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. Call to Order Presentations (Afternoon) 1. Recognize June 2025 as Pride Month (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: 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. 2. 2nd 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) 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. 3. Establish the 2025-26 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 4. Authorize the Purchase of 31 Rugged Network Communication Switches From Western Systems, Inc. in the Amount of $94,038.88 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Consent: Other 5. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 45 Municipal Wharf No. 2; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joseph Cricchio III (Joe's); Antonino Favaloro and Anthony Favaloro (Café Solé); Miguel Melendez (Archie's Eatery); Mohamad Tabib (El Tabib & Sons, Inc.) 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) 2 June 3, 2025 6. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Chris Tautphaeus; Under Negotiation: Price and Terms of Payment for New License Agreement (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.) 7. Open a Public Hearing to Receive Protests Related to the Collection of Sewer Service Charges on the Property Tax Roll for Fiscal Year 2025-26, Approve the Annual Rate Report of Sewer Charges for FY 2025-26, and Adopt a Resolution Authorizing the Collection of FY 2025-26 Sewer Charges on the Tax Roll if a Majority Protest Does Not Exist (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. 8. Approve Installation of Rainbow Crosswalk(s) to Express the City's Support of the LGBTQ+ Community and Update the Crosswalk Policy (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- continued from May 23, 2025 9. Proclamation Apologizing to the Esselen and Rumsien First Peoples in Monterey and Acknowledgement of Historic Injustices Towards Native American Populations (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. 10. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 1400 Veterans Drive (Veteran's Memorial Park Cabin) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Chris Tautphaeus Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) 3 June 3, 2025 11. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 45 Municipal Wharf No. 2; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Joseph Cricchio III (Joe's); Antonino Favaloro and Anthony Favaloro (Café Solé); Miguel Melendez (Archie's Eatery); Mohamad Tabib (El Tabib & Sons, Inc.); 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) 12. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533) 2. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD) 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 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. 13. Adopt the Fiscal Year (FY) 2025-26 Operating Budget and Adopt a Resolution for the FY 2025-26 Salary Schedules for Regular Full-Time, Regular Part-Time and Part- Time/Seasonal Employees Effective July 1, 2025 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 14. Approve the Five-Year Capital Improvement Plan, Authorize the Finance Director to Make Any Necessary Administrative Budget Transfers for Capital Improvement Program (CIP) Projects for FY 2025/26, and Reappropriate Capital Improvement Program Closeout Project Budget Savings in the Amount of $11,295,940 to Various Active Capital Improvement Program Projects (Exempt from CEQA per Article 19, Section 15301, 15302, 15306, Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 or Initial Study Mitigated Negative Previously Prepared and Certified) 4 June 3, 2025 15. Provide Guidance Concerning 2025/26 Neighborhood and Community Improvement Program (NCIP) Objectives and Priorities ***NCIP*** (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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