MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, January 16, 2024
4:00-6:20 PM
COUNCIL CHAMBER, 580 PACIFIC ST.
MONTEREY, CALIFORNIA
Councilmembers
Present: Barber, Garcia, Haffa (arrived at 4:01 p.m.), Smith, Williamson
Absent: None
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Parks and Recreation Director, Finance Director, Human Resources Director, Public Works Director, City Clerk, Police Lieutenant, Parks Operations Manager, Engineering Assistant, Engineering Assistant, Deputy Public Works Director/City Engineer, Environmental Regulations Manager, Senior Engineer, Deputy Human Resources Manager
***Afternoon Session Agenda ***
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 except for Councilmember Haffa. Councilmember Haffa arrived at 4:01 p.m.
PLEDGE OF ALLEGIANCE
Councilmember Haffa led the Pledge.
GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Chandler Roland, Steve Lightfoot, Dana Russell of the Monterey Peninsula Nanao Friendship Association, Dr. Marshall T. Fulbright of Monterey Peninsula College, Shay Balesteri of the General Employees of Monterey, Bob Faulis, and Esther Malkin.
CONSENT AGENDA
Mayor Williamson stated that Item 9 had been requested to be pulled from the Consent Agenda by a member of the public.
Public comment on the Consent Items was received from Dennis McCarthy, of the Rotary Club of Monterey, who spoke in favor of allocating funds to the Monterey Peninsula Nanao Friendship Association to assist with relief efforts for the recent 7.6 magnitude earthquake that struck western Japan on January 1, 2024 (Agenda Item 12). Former Mayor Albert spoke from the audience offering to answer questions regarding the relationship between the cities of Monterey and Nanao.
On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA, except Item 9, and with Councilmember Smith registering a "no" vote on Item 7:
City Council Minutes January 16, 2024
2 AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
1. December 5, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
2. December 15, 2023 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts
3. Award a Job Order Contract for Elevator/Escalator Maintenance and Repair for Intergovernmental Support Agreement Projects in the Amount of $1,000,000.00 to Kone, 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), CEQA Not a Project) *** IGSA ***
Action: Adopted Resolution No. 24-001 C.S.
4. Award a Job Order Contract for Elevator/Escalator Maintenance and Repairs for City Projects in the Amount of $1,000,000.00 to Kone, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ***CIP/NCIP*** Action: Adopted Resolution No. 24-002 C.S.
5. Award Professional Services Agreement to Schaaf & Wheeler, Consulting Civil Engineers in the Amount of $377,470 for Stormwater Diversion-To-Sewer Infrastructure Projects Design Services in the City of Monterey ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)
Action: Adopted Resolution No. 24-003 C.S.
Ordinances
6. 2nd Reading of an Ordinance Amending Chapter 38 of the City of Monterey Code Related to Visitor Accommodation Facility Parking Standards (38-36A), Off-Street Parking and Loading Spaces (38-115), Offstreet Parking and Loading Standards (38-115) and reduced Parking for Other Uses (38-117) (CEQA: Environmental Impact Report certified) Action: Adopted Ordinance No. 3678 C.S.
7. 2nd Reading of an Ordinance - Cannabis Business Ordinance Update (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3679 C.S. (4-1, Councilmember Smith voting no) Resolutions
8. Authorize the City Manager to Enter into a Funding Agreement with the Monterey Peninsula Water Management District (MPWMD) to Accept a Grant in the Amount of $500,000, Authorize and Designate a Representative for the Olivier Street Stormwater Diversion Project, and Authorize an Increase of FY24 Revenue in the CIP-State Funding Source Fund and City Council Minutes January 16, 2024
3 Expenditure Appropriation to the Olivier Street Urban Stormwater Diversion Project (CIP2416) in the Capital Projects Fund ***CIP*** (Exempt from CEQA, Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 24-004 C.S.
9. Award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to Town & Country Gardening & Landscaping, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Pulled from Consent; Continued to February 6, 2024 On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the matter to the next regular Council meeting:
AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
10. Award a Professional Services Agreement in the Amount of $242,500 to Watry Design, Inc. for Building Condition Assessments – Parking Garages ***CIP *** (Exempt from CEQA, Article 19, Section 15306, Class 6)
Action: Adopted Resolution No. 24-006 C.S.
11. Award a Professional Services Agreement in the Amount of $249,983.86 to Kimley-Horn and Associates, Inc. for the Development of the Local Road Safety Plan ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-007 C.S.
12. Appropriation of $25,000 from Unassigned Fund Balance to the Monterey Peninsula Nanao Friendship Association (MPNFA) (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 24-008 C.S.
Other
13. Authorize the Mayor to Sign a Letter on Behalf of the City Council Supporting the Application by the Transportation Agency for Monterey County (TAMC) to the California Department of Transportation (Caltrans) Sustainable Transportation Planning Grant for the Monterey County 2025 Active Transportation Plan and Level of Traffic Stress Analysis (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the Mayor to Sign the Letter
14. Receive Mayor’s Recommendation and Appoint Hans Jannasch to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Hans Jannasch as the Monterey Vista Neighborhood Representative to the Neighborhood and Community Improvement Program (NCIP) Committee for a term expiring June 30, 2028
*** End of Consent Agenda ***
Adjourn to Ocean View Community Services District Meeting: Consent Agenda The Council adjourned to the meeting of the Ocean View CSD.
City Council Minutes January 16, 2024
4 15. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report
Bob Faulis provided public comment, giving an update on the Cannery Row Project's legal proceedings against the Coastal Commission, and asked the Council to consider writing a letter of support.
Adjourn to City Council Meeting
The CSD board convened to the Council meeting.
COUNCIL COMMENTS
Councilmember Smith said he had enjoyed time with family over the holidays, and wished everyone a happy New Year. He said that the Council's responsibilities on outside boards were ramping back up, and encouraged members of the public to engage and participate in the activities of the various boards that affect and represent Monterey.
Councilmember Haffa reported that he had attended the Association of Monterey Bay Area Governments (AMBAG) meeting the prior week, and reported that while Council had previously learned that a REAP grant had been received to assist with the affordable housing project, at the AMBAG meeting the Director had announced that due to serious State budget deficits, the proposed State budget might cut those grants by 50%.
CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:38 p.m. in the memory of Phil J. Maestas, following a brief remembrance by Mayor Williamson.
The Council adjourned to closed session at 4:38 p.m. in the memory of Phil J. Maestas, following a brief remembrance by Mayor Williamson.
ADJOURNMENT
The Council adjourned at 6:20 p.m.
REPORT FROM CLOSED SESSION
cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Impasse Binding Arbitration Pursuant to Charter Section 5.4, Monterey Fire Fighters Association / International Association of Fire Fighters Local 3707 v. City of Monterey, State of California Public Employment Relations Board CSMCS Case No. ARB-22-0230 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to their legal counsel
City Council Minutes January 16, 2024
5 cs2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):
1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205)
2. Jhonrico Carr v. City of Monterey, et al. (Monterey County Superior Court Case No. 23CV003171)
3. Lynne Denley v. City of Monterey, et al. (Monterey County Superior Court Case No. 23CV000133)
4. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)
5. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)
6. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
7. Jackson Sherry v. City of Monterey (United States District Court, Northern District of California, San Jose Division, Case No. 5:23-CV-03903-SVK)
8. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)
9. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051)
10. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No.
CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763)
11. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC)
12. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243)
13. Marina Vargas Garcia v. City of Monterey (Monterey County Superior Court Case No. 23CV002501)
14. Jeremiah Ruttschow v. City of Monterey (Workers Compensation Appeals Board Case Nos. ADJ17283108 and ADJ14918286)
(Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: The Council took no reportable action in cases 1 through 13; On a unanimous roll call vote, the Council gave confidential direction to legal counsel regarding case 14 (Ruttschow)
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor