Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 4, 2024 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Finance Director, Present: Community Development Director, Police Chief, Fire Chief, Parks and Recreation Director, Library & Museums Director, Public Works Director, Deputy Public Works Director/City Engineer, Public Works Administrative Services Manager, Senior Engineer, Assistant Human Resources Director, Assistant Finance Director, Senior Engineer, Parking Superintendent, Administrative Analyst (Public Works), Recreation Manager, Sports Center Manager, Engineering Programs Analyst, Administrative Assistant (City Clerk's Office) , Administrative Assistant (Planning Division), Administrative Assistant (Engineering), Fire Inspector, Fire Captain, Acting Fire Captain, Acting Division Chief, Acting Assistant Fire Chief, Deputy Fire Marshal) ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:02 p.m. Administrative Assistant Tulett called the roll, with the Council present as identified above. PRESENTATIONS 1. Recognize June 2024 as Pride Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Pride Month Mayor Williamson read the proclamation and spoke about the importance of acceptance in the community and especially in the LGBTQ+ community. He invited all to the City's flag raising ceremony. Beth Walker, of Monterey Peninsula Pride, made brief remarks and invited all to the annual parade and celebration. City Manager Uslar announced that the California Legislative LGBTQ Caucus had recently honored Mayor Williamson as a Pride Honoree of 2024. Public comment was received from Steve Lightfoot, who expressed his thoughts on homosexuality and made unrelated remarks. GENERAL PUBLIC COMMENTS Based on the number of individuals requesting to speak, Mayor Williamson set the speaking time per person to two minutes for general public comments. Public comment on non- agendized matters was received from: Steve Lightfoot; Pat Venza; Carsten Heron Olsen, of World's Toughest Row; Tom Reeves; Elouise Shim; Mabel Lernoud; an unidentified resident of  City Council Minutes June 4, 2024 Watson Street; Tom Rowley; Jean Rasch; Bryan Rosen; Nina Beety; Esther Malkin; Lori Mazzuca; and Lorna Moffat. CONSENT AGENDA On question from Council, City Engineer Easterling provided the estimated timeline for Item 3. Public comment on the Consent Agenda was not received. On a motion by Councilmember Haffa, seconded by Councilmember Garcia, and carried by the following vote, the City Council approved the CONSENT AGENDA, except Item 10: 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 2. May 21, 2024 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. Awarding a Construction Contract in the Amount of $324,140.00 to Granite Rock Company for the Roberts Avenue and Surf Way Pavement Rehabilitation Project (Exempt from CEQA, Article 19, Section 15301, Class 1) ***SB1 & Meas P/S*** Action: Adopted Resolution No. 24-090 C.S. Ordinances 4. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-14(i) to Except Private Development on Leased City Property from Competitive Procurement Requirements; and Amend Section 28-9(a) to Clarify the Proper Awarding Body for Job Order Contracts (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed draft Ordinance to print Resolutions 5. Call and Consolidate a General Municipal Election for November 5, 2024 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-091 C.S. 6. Authorize Amendment to the Monterey Peninsula Regional Special Response Unit (SRU) Memorandum of Understanding to Add the City of Del Rey Oaks as a Participating Agency (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-092 C.S. 2  City Council Minutes June 4, 2024 7. Award a Contract to Allied Universal Security Services Universal Protection Service LPP for Overnight Security Services in Parking Facilities in the Amount of $108,239.04 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-093 C.S. 8. Establish the 2024-25 Appropriation Limit (Gann Initiative) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-094 C.S. 9. Authorize the Appropriation of $15,000 from the Museum Trust Fund for ADA Accessibility Study Addendum and $5,000 from the Special Deposits Fund for Interpretive Panels (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-095 C.S. 10. Consider and Approve the City of Monterey’s Investment Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent Agenda; Approved Investment Policy Finance Director King gave a brief verbal presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the City of Monterey’s Investment Policy: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Other 11. Authorizing the Mayor to Sign a Letter of Support on Behalf of the City of Monterey for the California Department of Transportation to the Active Transportation Program (ATP) Grant Application for the Seaside State Route 218 Complete Streets Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized letter *** End of Consent Agenda *** PUBLIC HEARING 12. Open a Public Hearing to Receive Protests of Proposed Rates Effective July 1, 2024, for Wastewater (Sewer) Rates, and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Held Public Hearing, Adopted Resolution No. 24-096 C.S. Senior Engineer Harty gave the staff presentation. Public comments against increasing rates were made by Rick Heuer, Cori Lucido, Neville Kirby, Tom Rowley, Sally Lopez, and Esther Malkin. 3  City Council Minutes June 4, 2024 Assistant City Manager Rojanasathira, Administrative Assistant (City Clerk's Office) Tulett, Administrative Assistant (Engineering) Lovett, Senior Engineer Harty, and Deputy Public Works Director/Administration Levendowski performed the count of the sealed protests. Assistant City Manager Rojanasathira announced that the tally of protests fell far short of a majority and did not meet the threshold that would stop the Council from increasing rates. The Council discussed the matter. It was noted that there was payment assistance available to those who experienced difficulty paying their sewer and wastewater rates. It was noted that the rates had not been raised in over a decade. It was acknowledged that a rate increase would impact residents, but stressed that the rates needed to be raised to satisfy the business need not to operate at a loss, and that properly maintaining the City's sewer was important for all. It was noted that the City's rates were on the lower side compared with other area cities' rates. On question from Council, Senior Engineer Harty stated that science showed that sea level rise would occur, and stated that the lowest points of the system needed to be hardened to prevent seawater from entering the sewer system. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-096 C.S. Increasing Wastewater (Sewer) Rates: 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 APPEARANCE 13. Adopt the Community Wildfire Protection Plan Completed for the Cities of Monterey, Pacific Grove, and Carmel-by-the-Sea (Exempt from CEQA per Article 18, Section 15262) Action: Adopted Resolution No. 24-097 C.S. Fire Captain Sheldon gave the staff presentation and answered Councilmembers' questions. Based on the number of individuals requesting to speak, Mayor Williamson set the speaking time per person to two minutes. Public comment was received from: Lee Whitney, of Glenwood Neighborhood Assocation, who spoke in support of conducting effective wildfire prevention practices; Jean Rasch, of Monterey Vista Neighborhood Association ("MVNA"), who invited all to a MVNA presentation to be conducted by Fire Captain Sheldon about defensible space, evacuation routes, fire insurance, and other related topics; Adam Pinterits, of Monterey County Association of Realtors, who made suggestions that the City consider revising its tree laws, and that it develop a program to make fuel management costs tenable for lower income residents; Nina Beety, who requested that the Council table the item, citing environmental concerns; and Lorna Moffat, who expressed distress about thinning or removing trees, citing environmental concerns. The Council praised the Fire Department, its personnel, and the Community Wildfire Protection Plan (CWPP). 4  City Council Minutes June 4, 2024 On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-097 C.S. to adopt the Community Wildfire Protection Plan Completed for the Cities of Monterey, Pacific Grove, and Carmel-by- the-Sea: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Provide Direction on Draft Charter Amendments for the November 2024 Election (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to the evening session; Provided direction This item was heard first in the evening session, pursuant to Council's consensus decision in the afternoon. Assistant City Manager Rojanasathira gave the staff presentation requesting the Council's direction on three potential amendment measures, and answered Councilmembers' questions. Public comment expressing concerns about and/or spoke against the proposed Charter amendment that would include the allowable appropriation of 2% of transient occupancy tax (TOT) to the General Fund including for maintenance of NCIP projects was received from: Rick Heuer, Hans Jannasch, Chinyere Ogbonna, Lee Whitney, Jayme Fields, and Tammy Jennings, all members of the Neighborhood and Community Improvement Program (NCIP) Committee; Pat Venza, reporting a majority vote of the Monterey Vista Neighborhood Association board; Susan Nine; Marta Kraftzeck; Jeannie Ferrara; Karen Brown; Rosemary Robert; Sharon Dwight; Tom Reeves, reporting a majority vote of the New Monterey Neighborhood Association board; Adam Pinterits; Bob Evans; Lori Mazzuca; and Richard Ruccello, of Casanova Oak Knoll Neighborhood Association. Susan Nine and Adam Pinterits also spoke against the proposed term limits, and Sharon Dwight and Tom Reeves also said that all of the proposed amendments needed to be discussed with the community first. Esther Malkin noted that this was the beginning of a conversation and that changes were needed for the NCIP. Eric Fonferek and Shane Strong, of American Legion Post 41, spoke in support of the proposed Charter amendment that would allow the City to enter into leases that are below fair market rate rent when such leases are in the best interests of the public and further a public policy. Harish Joshi, member of the Board of Library Trustees, and Jim Thomson, both spoke as an individual against the proposed Charter amendment that would reflect that the Library Board of Trustees does not appoint or remove library personnel other than the Library Director. Mayor Williamson closed the public comment period. The Council discussed the matter. Direction was provided on Charter amendments as follows: Sec. 2.8 Eligibility of Elective Officers – proposed amendment would reflect gender-neutral terminology and correct capitalizations. On consensus, the Council agreed to bring this Sec. 2.8 amendment forward to the voters. Sec. 5.1 City Manager – proposed amendment would reflect that the Library Board of Trustees appoints the Library Director, eliminate a superfluous sentence about appointing an interim City Manager in the absence of the City Manager and Assistant City Manager, and delete a 5 City Council Minutes June 4, 2024 paragraph about the City Manager appointing a secretary who serves in the position at will as this does not reflect current practice or staffing. On consensus, the Council agreed to bring this Sec. 5.1 amendment forward to the voters. Sec. 7.1 Public Library and Board of Library Trustees – proposed amendment would reflect that the Library Board of Trustees does not appoint or remove library personnel other than the Library Director, and the City Manager appoints and removes library personnel. On question from Council, City Attorney Davi stated that to her knowledge the Library Board had never removed library personnel other than the Library Director and that the past practice would be difficult to overcome if the Library Board were to wish to do so at this point. She recommended that the Council move forward with the amendment from a legal perspective. The Council said that more conversation was needed with the Board of Library Trustees, and on consensus agreed to bring this Sec. 7.1 amendment back for further Council discussion after the next Board of Library Trustees meeting. Article 6.4 Leases of City Property – proposed amendment would allow the City to enter into leases that are below fair market rate rent when such leases are in the best interests of the public and further a public policy. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, the City Council supported bringing forward to the voters the matter of below- market leases of city property: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Article 6.6 Neighborhood and Community Improvement Program – proposed amendment would include updating the definition of Capital Project, defining Ordinary and Necessary Services, and allowing, as part of the annual budget, the City Council to appropriate 2% of the Allocation Requirement to the General Fund for General Fund purposes including but not limited to the maintenance of Neighborhood and Community Improvement Program Capital Projects. The Council expressed differing opinions on how soon such an amendment should and could be considered and under what circumstances. It was proposed to table the matter until after a joint meeting with the NCIP Committee could be held. On question from the Council, City Manager Uslar said that earlier in the year he and Mayor Williamson had met with NCIP Spokesperson Heuer to discuss ideas about how to work on the NCIP and it didn't go as well as had been hoped. He said that the NCIP Committee would hold its voting night soon and that he believed that the vote results would support projects needed by the City such as repairs to its fire stations and Hilltop Park Center. He said that in July 2024, after the NCIP voting night, more would be known and that holding a joint meeting together with the NCIP Committee would be helpful to determine how the partnership was developing. On consensus, the Council determined that they would table the NCIP charter amendment indefinitely, and would hold a joint meeting with NCIP Committee in July for further discussion. 6 City Council Minutes June 4, 2024 Sec. 2.8 Term of Office of Councilmember Filing as Candidate for Mayor – proposed amendment would allow mayoral candidates serving on Council to continue to serve until their replacement is appointed. Sec. 3.1 The Mayor – proposed amendment would state that the Mayor is elected every two years and their term ends when their successor is elected and qualified, state that no former Mayor shall hold any compensated appointive City office or regular City employment until one year after the term for which they were elected to Council, and add term limits of 8 years but allow the term limit not to apply if no eligible candidates were nominated for office. Sec. 4.1 City Council – proposed amendment would state that Councilmembers are elected every four years and their term ends when their successor is elected and qualified, and impose term limits of 8 years but allow the term limit not to apply if no eligible candidates were nominated for office. Sec. 4.4 Legislation – proposed amendment would require publication of the ordinance number and title at least once in a newspaper within 15 days of its adoption, allow ordinances to be adopted without reading in full the title or text, and allow for adoption with substantive or clerical amendments between the time of its introduction and the time of its final passage as long as the general scope and original purpose are retained. The Council discussed these matters. Comments in favor of term limits included highlighting the increased equity, political participation, and diversity of candidates that could result. Comments against eight-year term limits included concern about the loss of experience and institutional knowledge that could result. It was suggested to let the voters decide and that perhaps a 12- year term limit would be a workable compromise. Based on conversation with the Council, City Attorney Davi said she could restructure the ballot measures so that the proposed amendment for term limits could stand on its own. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the Council supported bringing forward to the voters the matters of cleaning up Charter Sec. 2.8 with regard to terms of office of Councilmembers filing as candidates for Mayor, and Charter Sec. 4.4 with regard to ordinance adoption and noticing, and bringing as a separate matter to the voters the matters of Charter Sections 3.1 and 4.1 with a proposed twelve (12) year term limit in both instances: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 6:41 p.m. RECESS The Council recessed at 7:00 p.m. 7  City Council Minutes June 4, 2024 RECONVENE The Council reconvened at 7:06 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Richard Ruccello. ANNOUNCEMENTS FROM CLOSED SESSION Assistant City Manager Rojanasathira announced: cs1. 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) (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 labor negotiators The Council then took up Item 14. Following the discussion of Item 14, the Council recessed at 10:05 and reconvened at 10:15 p.m. PUBLIC APPEARANCE (EVE) 15. Adopt the Fiscal Year (FY) 2024-25 Operating Budget and Position Control List (PCL) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061 Action: Adopted Resolution No. 24-098 C.S. City Manager Uslar and Finance Director King gave the staff presentation and answered Councilmembers' questions with additional context provided by Recreation Manager Leon. Public comment was received from Chinyere Ogbonna, who asked questions about the operation of the Monterey Sports Center (MSC) at a loss, and Esther Malkin, who complimented the Finance Department on their outreach and work with the public as part of the budget process. City Manager Uslar provided an answer regarding the MSC and said that between the subsidy to the 75% subsidy to the MSC and the bond payments, the budget was impacted for the time being by about $1.5 or $1.6 million per year. Parks and Recreation Director Larson explained that the MSC was a community center that provided invaluable benefits to the community. 8  City Council Minutes June 4, 2024 On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council extended the meeting to 11:30 p.m.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-098 C.S. adopting the Fiscal Year (FY) 2024-25 Operating Budget and Position Control List (PCL): AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 16. Approve the Five-Year Capital Improvement Plan and Authorize the Finance Director to Make Any Necessary Administrative Budget Transfers for Capital Improvement Program (CIP) Projects for FY 2024/25 (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 Previously Prepared and Certified) Action: Adopted Resolution No. 24-099 C.S. Public Works Director Renny gave the staff presentation. Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-099 C.S. approving the Five-Year Capital Improvement Plan and authorizing the Finance Director to Make Any Necessary Administrative Budget Transfers for Capital Improvement Program: 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 None made. CITY MANAGER REPORTS None made. ADJOURNMENT The Council adjourned at 11:37 p.m. These minutes were prepared from the recording by the City Clerk, who was not present at the meeting. 9 City Council Minutes June 4, 2024 Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 10