Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 15, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Finance Director, Fire Chief, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Property Manager, Senior Engineer, Associate Civil Engineer, Recreation Manager, Planning Manager, Assistant Human Resources Director, Environmental Regulations Manager, Deputy Public Works Director/Administration, Harbormaster ***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 highlighted above, and explained to the public how to participate in the meeting virtually. Those present sang "Happy Birthday" to celebrate members of staff and Council with birthdays on this day. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized award recipients Mayor Williamson recognized Staff Sergeant April Benson (U.S. Army), Lance Corporal Ryan Holman (U.S. Marine Corps), and Sergeant Joshua Weaver (U.S. Marine Corps). Staff Sergeant Benson and Sergeant Weaver each made brief remarks. Public comment was not received. PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Steve Lightfoot, Paul Farmer of the Monterey County Business Council, and Bob Faulis. CONSENT ITEMS Council commented favorably on Item 8, and pulled Item 3 from Consent. On a motion by Councilmember Barber, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the CONSENT ITEMS except Item 3: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None)  City Council Minutes August 15, 2023 RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. August 1, 2023 Regular 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 Construction Contract in the Amount of $3,672,900 to A. Teichert & Son, Inc. dba Teichert Construction for the Citywide Road Surface Repair Project, Phase 4 (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S *** Action: Pulled from Consent; Adopted Resolution No. 23-090 C.S. City Manager Uslar made a brief verbal report. The Council remarked positively about the project and shared appreciation with the Public Works team for their efforts to improve City streets with Measure S funding. Public comment was received from Esther Malkin, who asked the City to prioritize potholes on North Fremont Street near the Safeway parking lot. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-090 C.S. Awarding a Construction Contract in the Amount of $3,672,900 to A. Teichert & Son, Inc. dba Teichert Construction for the Citywide Road Surface Repair Project, Phase 4 ***Measure S ***: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 4. Amend Agreement with Eide Bailly, LLP for Annual Independent Audit Services to Increase the Not-to-Exceed Amount from $65,870 to $97,880 for the Audit of Fiscal Year 2021-2022 and Approve an Increase to General Fund Budget Appropriations by $32,010 for Fiscal Year 2023- 24 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-091 C.S. 5. Authorize an Appropriation of $50,850 and Approve the Purchase of Four (4) Parking Enforcement EV GO-4 Vehicles from Turf Star Western in the Amount of $196,133 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-092 C.S. 6. Amend Resolution 23-067, the FY 23/24 Position Control List, By Adding Two Positions in the Parks and Recreation Department (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-093 C.S. 2  City Council Minutes August 15, 2023 7. Review and Approval of City of Monterey’s Investment Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-094 C.S. 8. Authorize Staff to Submit a Regional Early Action Planning (REAP) 2.0 Grant Application to the Association of Monterey Bay Area Governments (AMBAG) and, If Awarded, Appropriate the Grant Funds and Authorize the City Manager to Enter into a Contract with the AMBAG (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 23-095 C.S. Other 9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 601 Wave Street (Cannery Row Parking Garage); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mei-I Funtanilla (Camp & Associates, Inc.) and Lynne Rush (Verizon Wireless, LLC); Under Negotiation: Price and Terms of Payment for Amendment to License Agreement (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 *** PUBLIC APPEARANCE 10. 1st Reading by Title Only of an Ordinance to Increase Compensation for the Mayor and City Councilmembers (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed ordinance to print Mayor Williamson introduced the ordinance by reading its full title. City Manager Uslar made a verbal presentation reiterating the need to adjust Mayor and Council salaries, referring to the extended length of time since increases were last applied. Public comment was received from Esther Malkin, who asked why the ordinance could not go into effect until January and said that this action should allow more lower income people to run for Council and result in better representation. The Council remarked on the matter, stressing the value drivers and Council goals that were included in the agenda packet for Item 11 (City Staff Work Program) and noting that that item demonstrated the scope and depth of topics that the Mayor and Council need to understand in order to effectively serve. It was noted that the Mayor and Council also serve on outside agencies' boards to represent the City. The Council encouraged members of the public to learn more about the job undertaken by the City's elected representatives and to consider running for office in future elections. On question, City Manager Uslar explained the timeline for adopting ordinances and SB 329's provision that increases would be effective January 1, 2024. The Council stated that the City would benefit from economically diverse future Council candidates. 3 City Council Minutes August 15, 2023 On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council waived further reading and passed to print the ordinance 1st Reading by Title Only of an Ordinance to Increase Compensation for the Mayor and City Councilmembers: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Public Comment on Closed Session Agenda Items Public comment on the closed session was not received. *** Adjourn to Closed Session (See additional agenda) *** The Council adjourned to closed session at 4:38 p.m. RECONVENE The Council reconvened at 7:03 p.m. with the full Council present. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. CONTINUED PUBLIC COMMENTS (MATTERS NOT ON AGENDA) Public comment on non-agendized matters was received from: Jean Rasch, Dan Turner, Nina Beety, Lorna Moffat, and Esther Malkin. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi reported: cs1. 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: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (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, unanimous confidential direction was given to the City's real property negotiators cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 601 Wave Street (Cannery Row Parking Garage) Agency Negotiators: Kimberly Cole and Janna Aldrete 4  City Council Minutes August 15, 2023 Negotiating Parties: Mei-I Funtanilla (Camp & Associates, Inc.) and Lynne Rush (Verizon Wireless, LLC) Under Negotiation: Price and Terms of Payment for Amendment to License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll call vote with Councilmember Barber voting no, confidential direction was given to the City's real property negotiators cs3. 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. Lynne Denley v. City of Monterey, et. al (Monterey County Superior Court Case No. 23CV000133) 3. Clara Gilliland v. City of Monterey (Monterey County Superior Court Case No. 22CV003170) 4. Francisca Moralez v. City of Monterey et al. (United States District Court Norther District of California Case No. 22-CV-07540) 5. Yessenia Garcia Reveles, et al. v. City of Monterey et al (Monterey County Superior Court Case Nos. 22CV003162 and 22CV000736) 6. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) 7. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212) 8. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157) 9. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304) 10. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC) 11. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243 and Workers’ Compensation Appeals Board Cases) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken on items 1-6; 7-9 may be considered in the evening, time permitting; 10 - On a unanimous roll call vote, confidential direction was given to legal counsel; 11 - no reportable direction on superior court case, on the WC appeals board unanimous roll call confidential direction was given to legal counsel PUBLIC APPEARANCE (EVE) On a motion by Councilmember Haffa, seconded by Mayor Williamson, and carried by the following vote, the City Council took up Item 12 first of the evening Public Appearance items: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Receive Update on the 2023 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Tabled (see vote under Item 12) 5  City Council Minutes August 15, 2023 12. Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Actions: 1. Agendizing of Council Items by Individual Councilmembers: Replaced majority vote requirement with a requirement for a minimum of two yes votes (3-2, with Councilmember Barber and Mayor Williamson voting no); 2. Appointing Members to Boards, Commissions, and Committees: Kept Mayor as the sole designated party to interview and recommend applicants, and added encouragement that the Mayor and Council consider district representation with other factors in recommending (Mayor) and appointing (Council) new members (4-1, with Councilmember Smith voting no); 3. City Budget: On consensus, the Council did not discuss the matter of public engagement as relates to the City budget; 4. Councilmember Participation at Conferences, Trainings, and Events: On consensus, added reference to Government Code section 53232.3(d)"; 5. Letterhead Policy: On consensus, determined that Council letterhead should be used for letters representing the position of the full Council, except for social items like thank you letters which could be sent by individual members, and stressed that individuals should not do advocacy work or write about policy using City letterhead; 6. Strategic Planning and the City Staff Work Program: On consensus, agreed to continue to hear the City Staff Work Program updates on a semi-annual basis; 7. City Manager and City Attorney Annual Performance Evaluation: Directed staff to issue a Request for Proposals for a consultant to conduct an annual evaluation for both executives and bring it to Council as soon as possible (4-1, Councilmember Smith voting no); 8. Reconsideration Policy: Tabled; 9. Councilmember Interactions with Labor Unions when Negotiations are Pending: Tabled; 10. Ex Parte Contacts in Quasi-Judicial Proceedings: Tabled This item was heard first, before Item 11, pursuant to the vote recorded above. Assistant City Manager Rojanasathira gave the staff presentation, with input from City Manager Uslar, City Attorney Davi, Human Resources Director Neal, and City Clerk Klein, and together they answered Councilmembers' questions. Public comment was received from: Adam Pinterits, of Monterey County Association of Realtors, who encouraged the Council to keep the longer timeline on reconsideration and said that every Councilmember should be able to submit an item on a Council agenda; Jean Rasch, who echoed Mr. Pinterits' comment on reconsideration; Lorna Moffat, who asked a question about reconsideration; and Esther Malkin, who said that in the past she did not think that the Mayor reviewing all board and commission applicants was a good process. On question from the public, City Attorney Davi stated that no questions had arisen about reconsideration, but that the topic was brought forward with other governance topics. The Council discussed the matters as follows. Agendizing of Council Items by Individual Councilmembers: Argument was made in favor of two “yes” votes being sufficient to place an item on a future Council agenda, citing that requiring three “yeses” could be stifling and stating that the existing word and time limit was limiting for advocacy. It was stated that collaboration would be required. Argument was made in favor of continuing to require a majority vote, citing the need for 6 City Council Minutes August 15, 2023 consistency. It was suggested that perhaps three “yeses” would warrant a higher level of staff work and a vote of only two “yeses” could still come forward but with less staff work required. City Manager Uslar disagreed, stating that staff would still do excellent and thorough work regardless of whether two or three “yes” votes were received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council replaced the majority vote requirement for placing an item on a future agenda with a requirement for a minimum of two “yes” votes: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Smith NOES: 2 COUNCILMEMBERS: Barber, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Appointing Members to Boards, Commissions, and Committees: Argument was made for involving another member of Council in the interview and recommendation process instead of only the Mayor. Argument was made that the Council district-based election model made it logical for the Mayor to continue to be the one to conduct applicant interviews and make a appointment recommendations because the Mayor was the only at large elected member. It was stated that the current process was efficient and worked well. Interest was expressed in, when possible, in diversifying nominations to better represent districts. A motion was introduced by Councilmember Haffa, and seconded by Councilmember Barber, to keep the Mayor as the sole designated party to interview and recommend applicants, and added encouragement that the Mayor and Council consider district representation with other factors in recommending (Mayor) and appointing (Council) new members. It was stated that expediting the appointment process was important and that the Mayor did deserve a certain amount of influence due to being elected by the whole city. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) City Budget On consensus, the Council decided not to discuss the matter of public engagement as relates to the City budget. Councilmember Participation at Conferences, Trainings, and Events: On consensus, the Council added to the policy a reference to Government Code section 53232.3(d). Letterhead Policy: On consensus, the Council agreed that Council letterhead should be used for letters representing the position of the full Council, except for social items like thank you letters which 7 City Council Minutes August 15, 2023 could be sent by individual members, and stressed that individuals should not do advocacy or write about policy using City letterhead. Strategic Planning and City Staff Work Program: On consensus, it was agreed that semi-annual reports would continue to work for the Council, and it was noted that taking up the matter quarterly might take away from City staff's ability to actually accomplish some of their work items. It was stated that the Council needed to periodically reexamine the big picture, and consider and review the work plan when considering new projects and initiatives. It was urged that as new items come forward, when Council voted they should give direction on how to prioritize the items into the existing work plan. It was suggested to keep the work plan document always updated and provided to the Council ongoing, but City Manager Uslar said that staff preferred meaningful updates every six months. He proposed having a workshop near the end of the year to review strategic initiatives and goal setting. Council expressed a desire to understand when a goal had been met, and expressed value in having an outside perspective for coordinating strategic planning. City Manager and City Attorney Annual Performance Evaluation: Interest was expressed in favor of hiring an outside consultant to assist with the City Manager and City Attorney performance evaluations, with October cited as a deadline to complete the evaluations each year. It was stated that semi-annual evaluations were a nice goal but difficult to accomplish. Comments were made in favor of Council managing the process instead of spending money on a consultant, except in the case of negotiations, citing that residents didn't want to see money wasted. In favor of a consultant, it was stated that it would be a more equitable approach, since the staff team all reports to the City Manager. A motion was introduced by Mayor Williamson, and seconded by Councilmember Garcia, tp agendize a closed session item at the next council meeting regarding the performance evaluation process for the City Manager and City Attorney. The mover amended the motion to instead direct staff to issue a Request for Proposals for a consultant to conduct an annual evaluation for the City Manager and City Attorney and bring it to Council as soon as possible. The seconder agreed with the amended motion. Disagreement with the motion was expressed, citing that a consultant was unnecessary and a waste of taxpayer dollars. Comments in favor of the motion included stating that the professional distance involved in using a third party consultant was appropriate to determine and assist with the process. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Mayor Williamson asked to defer the remainder of the item to a future meeting. A motion was introduced by Mayor Williamson, and seconded by Councilmember Haffa, to table the remainder of Item 12 (reconsideration, labor unions, and ex parte), Item 11, and the remaining closed session items. 8 City Council Minutes August 15, 2023 Public comment regarding the proposed tabling was received from Tom Rowley, who spoke against adding housing at Tarpey Flats near his neighborhood; Jean Rasch, who added thoughts about the Mayor not being sufficient to do board and commission interviews; Eloise Shim, who agreed with the tabling, stating twelve topics was too many too digest; and Esther Malkin, who stated public comment had not been taken regarding governance topics. In response to public comment provided regarding tabling, Mayor Williamson noted that public comment had been received on the governance topics. The motion passed by the following vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith noted that his birthday was on this day and said his mother's birthday would have been tomorrow and said this was always special in their family. Councilmember Haffa said he met recently with leaders of the City's firefighters, who shared a concern about fire engines not being sufficient or fit for service. He said that a member of the Casanova Oak Knolls neighborhood community had expressed a desire to reopen the community center, citing equity. CITY MANAGER REPORTS City Manager Uslar said that a special closed session would be held on August 30 to hear a progress report about the exclusive negotiating agreement ("ENA") with MidPen Housing. ADJOURNMENT The Council adjourned at 9;56 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 9