Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 21, 2026 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Rasch, Smith, Williamson Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Community Present: Development Director, Finance Director, Assistant Police Chief, City Clerk, Property Manager, Deputy Public Works Director/City Engineer, Lieutenant, Planning Manager, Management Analyst (City Manager's Office), Recreation Manager Call to Order Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll with the Council present as indicated above. AFTERNOON SESSION Presentations (Afternoon) 1. Presentation on the Housing Resource Center of Monterey County (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Housing Resource Center (HRC) Board Member Jonathan Ahmadi gave the presentation and answered Councilmembers' questions. Public comment was received from: Sabrina McPherson, who made statements including alleging misuse of her housing vouchers; Tom Reeves, who that the process of accessing housing was difficult to navigate; and Esther Malkin, who praised HRC's work and said that there was a lot of need for housing assistance in the community. General Public Comments Public comment on non-agendized matters was received from: Tom Rowley of Fisherman Flats Homeowners and Residents Association, and Marta Kraftzeck. Consent Agenda On a motion by Councilmember Barber, seconded by Councilmember Rasch, and carried by the following vote, the City Council approved the Consent Agenda except Item 5: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)  City Council Minutes July 21, 2026 Consent: Approval of Minutes 2. June 24, 2026 Special Meeting (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Approved 3. July 7, 2026 Regular Meeting (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Approved Consent: Resolutions 4. Authorize an Amendment to the Professional Services Agreement with ZFA Structural Engineers for the Fire Station 12 Renovation Geotechnical and Structural Analysis to Increase the Not-to-Exceed Amount from $122,145 to $168,945 ***NCIP*** (Exempt from CEQA, Article 19, Section 15301, Class 1, Existing Facilities) Action: Adopted Resolution No. 26-097 C.S. 5. Authorize an Easement Agreement with the Monterey Peninsula Airport District and Accept a Public Road Easement at Olmsted Road and Garden Road (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. 26-098 C.S. City Engineer/Deputy Public Works Director Easterling gave a verbal staff presentation and answered Councilmembers' questions. Public comment was received from Tom Rowley, who expressed concern about a poorly maintained sign at the intersection in question; and Esther Malkin, who said that roundabouts work well to improve traffic. On a motion by Councilmember Smith, seconded by Councilmember Rasch, and carried by the following vote, the City Council adopted Resolution No. 26-098 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 6. Approve a Fiscal Year 2026-2027 Memorandum of Understanding (MOU) Between the Monterey Regional Waste Management District (ReGen Monterey) and Member Agencies for $63,001 for Compliance with Organic Waste Recycling and Food Recovery Laws (SB 1383) and Authorize Subsequent Annual MOUs through FY 2031-2032 for These Services in an Amount Not to Exceed $100,000 per Fiscal Year (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 26-099 C.S. 7. Award a Job Order Contract for General Municipal Improvements 2026-2027 for Intergovernmental Service Agreement (IGSA) Projects in the Amount of $1,000,000 to The Don Chapin Co., Inc. (Pub. Resources Code, § 21080, subd. (b)(1).); Categorical Excluded (CX) under the National Environmental Policy Act (NEPA) regulations 32 CFR 651, Appendix B, CX(e)(1)) Action: Adopted Resolution No. 26-100 C.S. 8. Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes; and Approve the Agreement with the County of Monterey (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 26-101 C.S. 2  City Council Minutes July 21, 2026 9. Authorize Grant Application to the Office of Local Defense Community Cooperation for the Installation Readiness Program and, if Awarded, Appropriate Funds and Authorize Grant Agreement (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 26-102 C.S. Consent: Other 10. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 47 Fisherman's Wharf (Cafe Fina); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mr. Dominic Mercurio; 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 11. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 50 Fisherman's Wharf (Domenico's Restaurant); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mr. Dominic Mercurio (Mercurio Brothers, Inc.); 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 End of Consent Agenda Afternoon Session Items Public Appearance (Afternoon) 12. Resilient Coast Monterey: Receive a Presentation and Provide Comment on the 2025 Sea Level Rise Assessment Background Report and 2026 Sea Level Rise and Vulnerability Assessment Update (Exempt from CEQA Article 19, Section 15306, Class 6) Action: Received presentation, provided comment Community Development Director Cole introduced the matter, and Principal Planner Sabdo gave the staff presentation together with consultant Laura Engman of GHD. Together they answered Councilmembers' questions. Public comment was received from Tom Reeves, who suggested that the subject of sea level rise should be addressed first at the regional level; and Esther Malkin, who asked about corresponding water table impacts at Roberts Lake and Laguna Grande Park. The Council discussed the matter. On question from the Council, Ms. Engman provided context on lake water levels expected to be impacted by sea level rise. The Council expressed appreciation for Community Development Department staff and interest in the science and models behind the predictions. The Council expressed the desire to be sure that climate change impacts like changing weather and intensification of storms were being included in the City's assessment of sea level rise. It was expressed that there needed to be public access including for vulnerable populations such as people with disabilities. The Council stressed the need to conduct outreach to those who would be impacted by sea level rise, including to ensure and enforce addressing safety issues. Interest was expressed in finding immediate low-cost opportunities for mitigation, and in taking advantage of funding sources such as SB1 and the Ocean Protection Council for infrastructure like Wharf 2. 3  City Council Minutes July 21, 2026 13. Receive Subcommittee Recommendations; Appoint Applicant to Position on Parks and Recreation Commission – Continued from July 7, 2026 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Appointed Emily Adler to the Parks and Recreation Committee for a term ending June 30, 2030 (3-2, Councilmembers Rasch and Smith voting no) Public comment was received from Marta Kraftzeck, who spoke in support of appointing Andrea Kingman, and Esther Malkin, who spoke in support of appointing Emily Adler. A motion was introduced by Councilmember Smith, and seconded by Councilmember Rasch, to appoint Andrea Kingman to the Parks and Recreation Commission for a term ending June 30, 2030. A substitute motion was introduced by Mayor Williamson, and seconded by Councilmember Garcia, to appoint Emily Adler to the Parks and Recreation Commission for a term ending June 30, 2030. The Council discussed the merits and demographics of the applicants. It was affirmed by the Council that there had not been discussion outside of public meetings about the appointment recommendations. The substitute motion passed by the following vote: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Rasch, Smith Adjourn to Closed Session Public comment on the closed session was solicited but not received. The Council adjourned to closed session at 5:59 p.m. Closed Session (Afternoon) 14. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 47 Fisherman's Wharf (Cafe Fina) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mr. Dominic Mercurio 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 the end of the evening session; In the evening, confidential direction was given to legal counsel on a unanimous roll-call vote 15. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 50 Fisherman's Wharf (Domenico's Restaurant) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mr. Dominic Mercurio (Mercurio Brothers, Inc.) 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 the end of the evening session; In the evening, confidential direction was given to legal counsel on a unanimous roll-call vote 4  City Council Minutes July 21, 2026 16. Conference with Legal Counsel: Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Café Fina and Domenico’s Re: Trash Porter Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Continued to the end of the evening session; In the evening, no reportable action was taken. 17. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Desiree Albert v. City of Monterey (Monterey County Superior Court Case No. 25CV006534) 2. Monique Arge v. City of Monterey (United States District Court, Northern District of California Case No. 5:25-CV-09710-NW 3. City of Monterey v. Edward Ciliberti (Monterey County Superior Court Case No. 26CV002092) 4. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750) 5. Dawn Scott Mitchell v. City of Monterey (Civil Rights Department Case No. 202506- 29776710) 6. Shai and Mira Nissim v. City of Monterey (Monterey County Superior Court Case Nos. 25CV004945) 7. Stronghold Engineering, Inc. v City of Monterey (Sixth District Court of Appeals Case No. H054446) 8. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125) 9. Cynthia Wills v. City of Monterey (United States Court of Appeals for the Ninth Circuit Case No. 25-720) 10. Richard and Mildred Zilinskas v. City of Monterey (United States District Court for the Northern District of California, Case No. 5:25-CV-07506) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Cases 7 (Stronghold Engineering, Inc. v. City of Monterey) and 10 (Richard and Mildred Zilinskas v. City of Monterey) were heard, with no reportable action taken; The remainder of the cases were continued to the end of the evening session; In the evening, the remaining cases were not heard. The Council recessed at 7:02 p.m. and reconvened at 7:06 p.m. EVENING SESSION AGENDA Pledge of Allegiance Councilmember Barber led the Pledge. General Public Comments, Continued Continued public comment on non-agendized matters was solicited but not received. Announcements from Closed Session Assistant City Manager Rojanasathira reported out from the closed session as indicated in the actions recorded for the afternoon portion of the meeting on closed session items 14, 15, 16, and 17, above. 5  City Council Minutes July 21, 2026 Evening Session Items Public Appearance (Evening) 18. Call an Election to Ask the Voters of the City of Monterey to Approve the Continuation of the Existing Special Transaction and Use Tax of One Cent per Dollar for Eight More Years, with the Use of the Tax Revenue to be Used Exclusively for Street Infrastructure Rehabilitation, and Requesting that the County of Monterey Board of Supervisors Consolidate the Election with the Established Election to be held on November 3, 2026 and Conduct the Election on the City’s Behalf ( Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 26-103 C.S. as amended to add to Exhibit A (the ordinance), in Section 1(G) after the word "performed," the phrase "such as replacing the Lake El Estero Stormwater Pump Station" City Manager Hall and Finance Director King gave the staff presentation and answered Councilmembers' questions together with City Engineer/Deputy Public Works Director Easterling. Public comment was received from: Rick Aldinger of the Measure P & S Oversight Committee, who recommended that the tax measure be continued at the full 1%; and Gabriel Kramer, who asked about the City's contingency plan if the measure were not to pass. The Council discussed the matter. It was noted that during a heavy rain event, Lake El Estero could flood Del Monte Boulevard and that the The Council recessed at 7:36 p.m. and reconvened at 7:39 p.m. On a motion by Councilmember Barber, seconded by Councilmember Rasch, and carried by the following vote, the City Council adopted Resolution No. 26-103 C.S., as amended to add to Exhibit A (the ordinance), in Section 1(G) after the word "performed," the phrase "such as replacing the Lake El Estero Stormwater Pump Station": AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) The Council stated that there was no backup plan, and that it was strongly hoped that the measure would pass for the sake of the City's fiscal stability. Council Comments Councilmember Garcia reported from a recent Community Human Services (CHS) board meeting, sharing a fundraising campaign and stating that CHS would be grateful for any donations in light of significant funding reductions. Councilmember Rasch thanked City staff for their work putting on the recent community meeting about the proposed quick-build traffic circle at Larkin, Madison, and Herrmann. She reported from a recent Monterey-Salinas Transit (MST) Regional Taxi Authority board meeting, where she said there was discussion about delays in the transit systems that result from members of the public parking or stopping in the pickup zones. She said she had also attended a CHS luncheon with Councilmember Garcia and noted the importance of CHS' work. Councilmember Smith noted that MST would be working to enforce the issue about stopping in pickup zones. He said he looked forward to the August board meeting for the Transportation Agency for Monterey County (TAMC). 6  City Council Minutes July 21, 2026 Councilmember Barber reported from a recent ReGen Monterey board meeting, noting that more enforcement was coming to enforce the requirements of SB 1383. She spoke about "second shelf life" food programs that help people who are experiencing food insecurity. City Manager Reports No City Manager reports were made. The Council recessed to closed session at 7:46 p.m. Adjournment The Council adjourned at 8:25 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7