Council Chamber
580 Pacific St.
Monterey, California
CITY COUNCIL AGENDA
Council Regular Meeting and
Closed Session
Tuesday, February 4, 2025
4:00 PM – 6:00 PM
Afternoon Only
Mayor
Tyller Williamson
Councilmembers
Kim Barber, District 1
Ed Smith, District 2
Jean Rasch, District 3
Gino Garcia, District 4
City Manager
Hans Uslar
City Attorney
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 [email protected] 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. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item
c. Public Hearing items – 30 minutes each item
d. Closed session items – 15 minutes each item
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.
February 4, 2025
2 ***Afternoon Session Agenda ***
4:00 – 6:00 p.m.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. Recognition of Defense Language Institute Quarterly Joint Service Awards First Quarter FY25 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
2. Recognize February 2025 as Black History 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.
Approval of Minutes
3. January 21, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061)
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.
4. 1st Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1)
5. 1st Reading of an Ordinance Amending the Sidewalk Repair and Maintenance Ordinance to Update Definitions, Update the Private Property Owner Repair Notification Procedures, and Add a Requirement for Inspection and Repair Verification Upon Change in Property Ownership (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
6. 2nd Reading of an Ordinance Extending Elected Officials’ First Ethics Training Deadline by 30 Days, and Requiring Electronic Filing of Campaign Finance Disclosure Statements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
February 4, 2025
3 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.
7. Order Engineer’s Report for Fiscal Year 2025-2026 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
8. Order Engineer’s Report for Fiscal Year 2025-2026 Calle Principal Maintenance District No. 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Other
9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); 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 ***
PUBLIC APPEARANCE
Public Appearance items are on non-routine issues that might stimulate public interest and comments.
10. Amend Resolution 24-138 Authorizing Changes to the Fiscal Year 2024-25 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)
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.
*** Adjourn to Closed Session ***
The City Council will take public comments on closed session items before convening to closed session.
CLOSED SESSION
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.
February 4, 2025
4 11. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 353 Camino El Estero
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce) 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)
12. Conference with Legal Counsel, A. 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. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750)
3. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533)
4. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD)
5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649)
6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court Case No. 24CV003703
7. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540)
8. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879)
9. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206)
10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No.
E082907)
11. 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)
12. 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)
13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125)
B. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc. Claim dated August 12, 2024 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- continued from January 21, 2025 Council Regular Meeting
13. Public Employee Performance Evaluation, Title: City Manager; Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1), Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiator: Shelline Bennett; Unrepresented Employee:
City Manager (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) -- continued from January 21, 2025 Council Regular Meeting
ADJOURNMENT
February 4, 2025
5 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 [email protected] 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 [email protected] 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 [email protected] Upcoming city meetings are listed at monterey.gov/agendas For more information, call (831) 646-3935