Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, October 4, 2022 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson* Absent: None * Attended remotely by teleconference City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, City Clerk, Property Manager, Library & Museums Director, Traffic Engineer, Senior Engineer, Deputy Human Resources Manager, Senior Engineer ***Afternoon Session Agenda *** This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-114 C.S. CALL TO ORDER Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with the full Council present as highlighted above. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements for 3rd Quarter 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized for their service: Fire Captain Perkins (35 years); Police Sergeant Roohbakshsh (30 years); Fitness Supervisor Ataide, Accounting Specialist Courtney, and Facility Attendant Ierome (25 years); Senior Public Works Inspector Ray (20 years); and recently retired Police Sergeant Delgado (28.6 years) City department heads made remarks recognizing recent milestone anniversaries and retirements of City employees. Police Sergeant Roohbakshsh made brief remarks. Public comment was received from Esther Malkin, who praised Sergeant Roohbakshsh and the Monterey Police Department. PUBLIC COMMENTS Public comment on non-agendized matters was received from Kent Glenzer, Jon Stackpole, Joanne Crist, a man (name unclear), Wendy Brickman, and Tanya Roos.  City Council Minutes October 4, 2022 CONSENT ITEMS Public comment on the Consent Items was not received. On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. September 20, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Approved Award of Construction Contracts 3. Award a Construction Contract in the Amount of $254,705 to Southwest Pipeline and Trenchless Corp. for the OMC-Repair Stormdrain Pipe at General Jim Moore/Gigling Project (POM 21-039) ***PMSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(e)(2) and II(g )(1)) Action: Resolution No. 22-133 C.S. Resolutions 4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period October 7, 2022 through November 3, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Resolution No. 22-134 C.S. 5. Adopt Recommended Capital Improvement Program (CIP) Projects for Fiscal Year 2022/23 (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 Declaration Previously Prepared and Certified) Action: Resolution No. 22-135 C.S. 6. Amend Resolution 22-109 Approving the 4th Amendment to the Agreement with Community Human Services Increasing the Grant of Community Development Block Grant Funds by $155,000 for Building Rehabilitation and Repair of the Safe Place Youth Homeless Shelter (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1) Action: Resolution No. 22-136 C.S. 2  City Council Minutes October 4, 2022 Other 7. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite 400; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Hastings (Monterey General Store/American Country Classics); 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 agency negotiators Cole and Aldrete 8. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 30 Fisherman’s Wharf; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Gilbert (Mark Gilbert Enterprises, Inc.) and Michael Ungaro (San Pedro Fish Market Company, LLC); Under Negotiation: Price and Terms of Payment for New Lease (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 *** Adjourn to Ocean View Community Services District Meeting: Consent Agenda The City Council adjourned to the Ocean View Community Services District meeting. 9. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report City Attorney Davi stated there was nothing additional to report beyond what was presented in the agenda report. The District Boardmembers received the report. Adjourn to City Council Meeting The District Boardmembers adjourned to the City Council meeting. PUBLIC APPEARANCE 10. Consider Union Request to Reclassify a Street Maintenance Worker Position as a Greenbelt Coordinator (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Denied reclassification request (4-1, Councilmember Williamson voting no) Assistant Human Resources Director Russo gave a verbal presentation to Council explaining the request for reclassification that was received pursuant to Section 29 of the General Employees of Monterey (GEM) memorandum of understanding (MOU). She answered Councilmembers' questions. Richard Fisher, Attorney with Goyette, Ruano & Thompson, spoke on behalf of his client Eleazar Munoz. He explained that his client climbs and fells large trees and has an advanced skill set related to this type of work and has been required to do these highly skilled functions even though they do not fall within the classification of Street Maintenance Worker. He referred to affidavits signed under penalty of perjury by Shay Balesteri and Mike Gentry asserting that they know Mr. Munoz to perform tree trimming and bucket work for the City. He paused while 3 City Council Minutes October 4, 2022 the meeting participants were shown a video of Mr. Munoz cutting down a pine tree adjacent to a building on the Presidio of Monterey. He stated that the work done in the video was never documented in a work order, and stated that the City has not kept proper records to capture the nature of work done by Mr. Munoz. He said that Mr. Munoz deserves to be recognized as a Greenbelt Coordinator. Public comment was solicited but not received. On question, City Manager Uslar spoke about the video that was played, and said that it was unknown when the video was taken. He said that Mr. Munoz worked without safety precautions in the video and had been instructed in or around March 2021 to stop performing tree work. On question, Interim Public Works Director Renny stated that a few of the photos submitted were related to a Presidio work order, She stated that the Streets and Utilities Operations Manager, supervisors, and lead workers had attested that there were no assignments to the aerial bucket truck since at least April 2022. She broke down the use of the aerial bucket truck as follows: usually not in use for more than two hours per week; not limited to electrical work; and used for zero tree work since the request for reclassification was submitted in October 2021. Mr. Fisher was given the opportunity to rebut statements made by City staff. He stated that a Street Maintenance Worker has no business being asked to do the type of work that he stated that the record shows Mr. Munoz has been asked to do and that the signed affidavits declared he has done. He stressed the importance of reviewing the evidence submitted and stated that Mr. Munoz has an unblemished performance record. He stated that Mr. Munoz had worked in the stated capacities at the direction of the City's private contractor. Public comment was reopened at the request of the Mayor. Shay Balesteri introduced Eleazar Munoz, who answered Councilmembers' questions. On question from City Attorney Davi, Mr. Fisher agreed that his client was welcome to speak directly with the Council. Mr. Munoz stated he had never received verbal or written feedback directing him not to perform tree work. He stated that he had worked in the Forestry division prior to working in the Streets division. He clarified that he arrives at work at the Presidio and receives orders for the day's work. He said that he has been directed to cut trees by the City Leadworker who he said was two levels above him at the City's office at the Presidio. He said that the most recent time he used a chainsaw was about four months prior, to trim branches. He said that he last cut down a tree from the ground about six months prior to the meeting. He said it was not unusual for him to cut a tree larger than six inches. He said that the only notice he had received regarding cutting trees was that the chainsaws are now kept in an inaccessible location. With no further requests to speak, public comment was closed. City Manager Uslar stated that on April 22, 2022, Mr. Munoz was advised in writing from the Human Resources Director not to use a chainsaw. He said that Mr. Munoz was advised verbally in around March of 2022 no longer to use chainsaws. A motion was introduced by Mayor Roberson, and seconded by Councilmember Albert, to deny the Union Request to Reclassify a Street Maintenance Worker Position as a Greenbelt Coordinator. Council discussed the matter. Discussion points were: the reclassification request at hand, the matter of proper supervision of City employees, and the matter of accurate accounting of City work orders. It was stated that there was not evidence that over fifty percent of Mr. Munoz's work was in forestry management. It was directed that City management look into the fact that Mr. Munoz was being asked to do out-of-class work, and investigate how work was assigned and supervised and how work orders were assigned. Mr. Munoz was praised for coming 4  City Council Minutes October 4, 2022 forward and encouraged to apply for the job of Greenbelt Coordinator, stating he seemed to be well-qualified. It was stated by the Council that the position that over fifty percent of the work was not Forestry could not be backed up with evidence, and that without clarity on the percentage, the motion could not be supported. The motion carried by the following roll-call vote: AYES: 4 COUNCILMEMBERS: Albert, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Amend Resolution No. 18-179 to Authorize Amendment to City Attorney Employment Agreement (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061). Continued from September 20, 2022. Action: Resolution No. 22-137 C.S. Che Johnson, outside counsel with Liebert Cassidy Whitmore, gave a brief verbal statement explaining that the proposed City Attorney contract would bring her in line with the other labor groups. On a motion by Councilmember Haffa, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution 22-137 C.S. to Authorize Amendment to the City Attorney Employment Agreement: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council continued closed session items 1 and 2 to the evening: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) RECESS The Council recessed at 5:44 p.m. RECONVENE *** Evening Session Agenda *** 5  City Council Minutes October 4, 2022 The Council reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Public comment on non-agendized matters was received from Luis Osorio, Nina Beety, and Jhonrico Carr. ANNOUNCEMENTS FROM CLOSED SESSION No announcement made, as closed session matters were not heard in the afternoon and instead were continued to the evening session. PRESENTATIONS (EVE) 12. Receive Presentations from Mark Gilbert Enterprises and San Pedro Fish Market on Proposals Submitted to Lease the Property Located at 30 Fisherman's Wharf (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentations Property Manager Aldrete gave the staff presentation. Ken Turgen, Wald Ruhnke & Dost Architects, presented on behalf of Mark Gilbert Enterprises in favor of their proposal, and answered Councilmembers' questions. Mike Ungaro, San Pedro Fish Market, presented in favor of their proposal, and answered Councilmembers' questions. Public comment on the proposals was not received. COUNCIL COMMENTS Councilmember Haffa said he believed the Council should appeal to the Coastal Commission regarding the outdoor seating at the Wharf, citing health reasons and related access issues. Councilmember Albert reported on his recent attendance at a Monterey Vista neighborhood function. He addressed an election-related survey circulating in the community, stating that he and his campaign did not authorize the survey. Councilmember Williamson reported that Monterey One Water took action at the September board meeting to approve entering into an agreement regarding microgrid renewable energy projects. He thanked Councilmember Albert for providing clarity about the political poll and asked whoever is behind it to come out from anonymity and stop pushing lies. Councilmember Smith echoed that the Monterey Vista event was enjoyable. He thanked first responders for their coordinated effort fighting the Aguajito Fire. He reported on a recent Monterey Peninsula Chamber of Commerce leadership luncheon. Mayor Roberson spoke about a recent event with the National Trust for Historic Preservation and the modern model that he said works to preserve special historic sites. 6 City Council Minutes October 4, 2022 CITY MANAGER REPORTS City Manager Uslar said staff would bring for consideration at the next Council meeting a draft letter to the Coastal Commission regarding the Wharf outdoor seating issue. He reported on the recent Aguajito Fire and stated that the coordinated effort was efficient and was activated quickly. He announced an upcoming City-hosted COVID-19 vaccine clinic. *** Adjourn to Closed Session (See additional agenda) *** Public comment on closed session was not received. The Council adjourned to closed session at 8:23 p.m. REPORT FROM CLOSED SESSION cs1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal, Gina Russo, Che Johnson; Monterey Fire Fighters' Association (MFFA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 601 Wave Street, Suite 400 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mark Hastings (Monterey General Store/American Country Classics) 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: On a unanimous roll-call vote, the Council gave confidential direction to real property negotiators cs3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 30 Fisherman's Wharf Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mark Gilbert (Mark Gilbert Enterprises, Inc.) and Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease (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, the Council gave confidential direction to real property negotiators ADJOURNMENT The Council adjourned at 9:46 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 7