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Monterey City Council
March 5, 2024

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Minutes
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March 5, 2024
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MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, March 5, 2024
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST.

MONTEREY, CALIFORNIA
Councilmembers

Present: Barber, Garcia, Haffa, Smith, Williamson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Public Works Director, City Clerk, Planning Manager, Deputy Public Works Director/City Engineer, Harbormaster, Fleet Manager, Parks Operations Manager, Chief Information Officer ***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 as indicated above.

PLEDGE OF ALLEGIANCE
Councilmember Barber led the Pledge.

PRESENTATIONS

1. Recognize March 2024 as Women’s History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized March 2024 as Women's History Month
Mayor Williamson read the proclamation. Public comment was not received.

2. Receive a Presentation from Monterey-Salinas Transit District (MST) on the MST TransitOriented Development Planning Study (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Received presentation
Michelle Overmeyer, of Monterey-Salinas Transit (MST), and Mike Iswalt, of Kimley-Horn and Associates, gave the presentation and answered Councilmembers' questions.

Public comment was received from: Lorna Moffat and Jean Rasch, who suggested improving existing services and using the railway to add light rail service instead of adding the proposed SURF! Busway; and Maiaika Velazquez, of the Monterey Peninsula Unified School District Board of Directors, who spoke about the transportation needs of elders in the community.

The Council discussed the matter. It was stated that it was important for residents to advocate and organize with likeminded people in the community. It was suggested that members of the public reach out directly to MST staff with concerns about services and route needs. It was City Council Minutes March 5, 2024
2 suggested that the Council receive an update from the Light Rail Committee or Transportation Agency for Monterey County (TAMC) regarding the topic of light rail.

3. Receive a Presentation from the Monterey Bay Fisheries Trust on its Five-Year Strategic Plan (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Received presentation
Melissa Mahoney, of Monterey Bay Fisheries Trust, gave the presentation and answered Councilmembers' questions with input from City Manager Uslar.

Public comment was received from Lorna Moffat, who urged people not to eat fish and suggested a subsidy to pay fishermen not to fish.

The Council discussed the matter. It was stated that the Monterey Bay National Marine Sanctuary Advisory Council was stacked against fishermen. It was stated that the best advocacy work would be to highlight to elected officials at the State and Federal level the relationship between fishing and the employment needs and heritage of our community. It was stated that staff had been busy with the Housing Element and other important City programs but that when the timing was appropriate, it would make sense for the Council to take up the matter and consider some of Ms. Mahoney’s suggestions such as fixing the Monterey Marina boat hoist, reviewing parking fees, and reassessing the leasing space plan.

GENERAL PUBLIC COMMENTS
Public comment on non-agendized matters was received from Steve Lightfoot and Lorna Moffat.

CONSENT AGENDA
Public comment on the Consent Items was not received.

On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the CONSENT AGENDA, with Councilmember Smith registering a "no" vote on Item 7 due to its funding of the rental inventory:

AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Ordinances

4. First Reading by Title Only of an Ordinance to Recodify and Amend the City Code to Name the Old Monterey Business Association as the Official Advisory Board to the City for the Monterey Downtown Promotion District (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Waived full reading, Passed to print
City Council Minutes March 5, 2024
3 Resolutions

5. Authorize Agreement with Monterey Bay Office Products Inc. in the Amount of $417,554 for Purchase of Multi-function Printer Copiers, Supplies, Services, and Maintenance (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-027 C.S.

6. Authorize an Appropriation from the General Fund’s Unassigned Fund Balance in the Amount of $184,407.45 to the Miscellaneous Building Repairs Project and Award a Professional Services Agreement in the Amount of $184,407.45 to Bureau Veritas Technical Assessments LLC for Facilities Condition Assessments (Exempt from CEQA, Article 19, Section 15306, Class 6) ***CIP***
Action: Adopted Resolution No. 24-028 C.S.

7. Amend Resolution 23-067 Authorizing Changes to the Fiscal Year 2023-24 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-029 C.S. (4-1, Councilmember Smith voting no)

8. Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) KimleyHorn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from February 6, 2024, Recommended to be Continued to March 19, 2024 Action: Continued to March 19, 2024
*** End of Consent Agenda ***

COUNCIL COMMENTS
Councilmember Smith reported on recent activities: speaking at an Association of Harbormasters conference at Asilomar; participating as a panelist on a discussion with the Women's Council of Realtors; attending the TAMC board meeting, where a presentation was given on the agency's annual work plan, which he praised; and attending a meeting of the TAMC Rail Policy Committee, from which he announced that Santa Clara Regional Rail was actively pursuing federal funding and ultimately looking at joint efforts.

Councilmember Haffa reported that he had attended a ribbon cutting for a new business called Tipsy Putt, and said he hoped they would be successful. He recommended the Paper Wing Theatre and Supper Club as an enjoyable theater experience.

Mayor Williamson reported from Monterey One Water (M1W) that the proposal for placing service fees onto Monterey County tax rolls had been approved. He clarified that the action would not increase rates but just shift the payment mechanism to homeowners' property taxes, which he said would allow M1W to expand their customer assistance program for ratepayers with need. He reported that the expansion of Pure Water Monterey was estimated to be complete by July 2025, and that additional injection wells were estimated to be completed by August 2025. He said that the Monterey Peninsula Water Management District was planning to begin discussions on allocation of the new water that would be provided by those two efforts.

He reminded all that it was Election Day and gave his best wishes to Councilmember Haffa for his bid to be elected Monterey County Supervisor for District 5.

City Council Minutes March 5, 2024
4 CITY MANAGER REPORTS
City Manager Uslar urged all to vote, and announced the upcoming Cutting and Horticultural Day on March 16, 2024.
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the Closed Session was not received.

The Council adjourned to closed session at 5:34 p.m.

ADJOURNMENT
The Council adjourned at 7:02 p.m.

ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):

1. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907)

2. 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 - remittitur issued)

3. 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) Action: No reportable action taken
cs 2. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) Action: Confidential direction given to labor negotiators on a vote of 4-0-1 with Councilmember Barber absent
cs3. Conference with Legal Counsel Pursuant to Government Code section 54956.9(d)(2),(e)(3), Anticipated Litigation, Significant Exposure to Litigation, Marcia Pompan Claim dated February 9, 2023
Action: Confidential direction given to labor negotiators on a vote of 4-0-1 with Councilmember Barber absent
Respectfully Submitted, Approved,
Clementine Bonner Klein Tyller Williamson
City Clerk Mayor

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