Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 18, 2024 4:00 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, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Housing Manager, Deputy Public Works Director/City Engineer, Engineering Assistant, Senior Engineer, Assistant Human Resources Director, Recreation Manager, Senior Engineer, Public Works Administrative Services Manager, Police Lieutenant, Division Chief, Fire Engineer, Senior Administrative Analyst (Fire) ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein called the roll with the Council present as indicated above. PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. Mayor Williamson provided details to attendees on how to provide public comment per the Council policy. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements for 2nd Quarter 2024 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized Sergeant Newby Police Chief Hober gave a verbal presentation recognizing Sergeant Newby on his 20 years of service to the City. The Council congratulated and thanked Sergeant Newby. Public comment was received by Steve Lightfoot, who made accusations regarding Sergeant Newby. When he began to speak off-topic, his speaking time was cut short by the Mayor. City Manager Uslar made comments expressing appreciation for Sergeant Newby. GENERAL PUBLIC COMMENTS Based on the number of individuals requesting to speak, and with consensus agreement of the Council, Mayor Williamson set the speaking time per person to two minutes for general public  City Council Minutes June 18, 2024 comments. Public comment on non-agendized matters was received from: Steve Lightfoot; Tom Rowley; Gina Sessions; Nelson Vega; Marta Kraftzeck; Jean Rasch; Keith Rootsaert, of Giant Giant Kelp Restoration Project; Eric Palmer; Karen Brown; Bryan Rosen; and Lorna Moffat. CONSENT AGENDA Public comment on the Consent Items was not received. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA: 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. June 4, 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 $1,600,690.00 to Precision Grade, Inc. for the Del Monte and Casa Verde Recreational Trail Intersection Improvement Project (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP/NCIP*** Action: Adopted Resolution No. 24-100 C.S. Ordinances 4. 2nd Reading 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: Adopted Ordinance No. 3685 C.S. Resolutions 5. Amend Resolution 23-067, Changing the Position Control List by Adding Three (3) Firefighter Positions, Adding One (1) Assistant Fire Chief Position and Authorizing Appropriation of Funds for the Positions (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-101 C.S. 6. Authorize the City Manager to Enter into an Agreement with the California Department of Parks and Recreation to Provide Seasonal Lifeguard Services on City of Monterey Beaches for a Cost not to Exceed $50,679 per year (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-102 C.S. 2  City Council Minutes June 18, 2024 7. Authorize the City Manager to Sign a Contract Accepting a Grant for Marine Safety Equipment from the Homeland Security Grant Program-State Homeland Security Program (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 24-103 C.S. *** 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. 8. Receive Ocean View Community Services District Quarterly Report (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5, Section 15061) Action: Received report City Attorney Davi stated that there was no further report to be made beyond what was in the published agenda report. Public comment was received from Bob Faulis, of Ruby Falls Fund, LLC, who provided an update on the current status of legal proceedings. Adjourn to City Council Meeting The Ocean View Community Services District board adjourned to the City Council meeting. PUBLIC HEARING 9. Amend the Permanent Local Housing Allocation (PLHA) Grant Activities Plan to Reallocate FY 2020-2024 Funding to Homeless Assistance Activities (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-104 C.S. Housing Manager Wyatt gave the staff presentation and answered Councilmembers' questions. Public comment was not received. The Council discussed the matter. Appreciation was shared to the City's Housing Division staff. It was noted that homeless services were not well funded in the region generally and that this additional assistance from the City would make a big difference to service providers. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-104 C.S. amending the Permanent Local Housing Allocation (PLHA) Grant Activities Plan to Reallocate FY 2020-2024 Funding to Homeless Assistance Activities: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3  City Council Minutes June 18, 2024 PUBLIC APPEARANCE 10. Adopting a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Executive Management Employees’ Association (MEMEA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-105 C.S. Human Resources Director Neal gave a brief verbal presentation and answered Councilmembers' questions. Public comment was received from Rick Heuer, who asked to know the fiscal impact of approving the contract. On question from the public, Human Resources Director Neal provided the information on the fiscal impact that had been included in the published agenda report. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-105 C.S. Approving the Memorandum of Understanding between the City of Monterey and the Monterey Executive Management Employees’ Association (MEMEA) for the period of July 1, 2024, through June 30, 2027: 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. Adopting a Resolution Establishing Compensation and Benefits Packages for Unrepresented Confidential Executive Management Employees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-106 C.S. City Manager Uslar gave a brief verbal presentation and answered Councilmembers' questions. 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. 24-106 C.S. Establishing Compensation and Benefits Packages for Unrepresented Confidential Executive Management Employees: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Receive Mayor’s Recommendations and Make Appointments to the Appeals Hearing Board, Architectural Review Committee, Board of Library Trustees, Building and Housing Appeals Board, Disabled Access Appeals Board, Historic Preservation Commission, Measures P & S Oversight Committee, Museums and Cultural Arts Commission, Neighborhood and Community Improvement Program Committee, Parks and Recreation Commission, and Planning Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed the Mayor’s recommended appointees, all with terms ending June 30, 2028 (3-2, Councilmembers Haffa and Smith voting no) 4 City Council Minutes June 18, 2024 City Clerk Klein gave the staff presentation. Mayor Williamson provided context and details regarding the process by which he had evaluated the applicants. He said that for each seat he had considered: whether there was more than one candidate; whether there was an incumbent; whether there was someone who had prior service experience on boards, commissions, and committees; an applicant's experience on a board, commission, or committee or otherwise that might be relevant; distribution of representation based on Council districts; diversity of representation; and feedback and input provided to him. Regarding his Neighborhood and Community Improvement Program (NCIP) Committee recommendations, Mayor Williamson said that prior to the agenda report's publication he had shared with three long-time incumbents of the NCIP Committee that he was going to recommend new voices, and thanked them for their longstanding service and work. He said the community should be proud that so many individuals had stepped up to express that they were willing to serve. He stressed the importance of creating space for new voices and perspectives. He referenced the diversity of the proposed appointees who, if appointed, would take the place of the three NCIP Committee members. He addressed rumors that he said were spread online with false information. He stressed that he had selected the proposed appointees because he saw them as capable and able to represent their community. He said that going forward he had asked staff to provide access to the public as applications for boards, commissions, or committees came in. He answered Councilmembers' questions and clarified that with each applicant he had discussed their ability to serve on various boards, commissions, and committees to find the best fit. Public comments expressing concerns about the appointment recommendations primarily focused on the recommendations for the NCIP Committee and were received from: Jean Rasch, Tom Reeves, Brian Perez, Susi Allen, Rick Heuer, Joe Fogel of the Del Monte Beach Neighborhood Association, Tammy Jennings, Jayme Fields (NCIP Committee Vice Chair), Robert Evans, Richard Ruccello of the Casanova Oak Knoll Neighborhood Association, and Bryan Rosen. Specific concerns cited included the process and what was described as a lack of transparency and communication with neighborhood associations, the Mayor's criteria for making recommendations, the consideration of diversity in making appointments, an alleged plot by the City Manager to take the NCIP's funding, the matter of whether or not applicants would work together with neighborhood associations, the timing of placing new members on the NCIP Committee when the annual process was still ongoing, the loss of institutional knowledge and subject matter expertise, and the need for a more collaborative approach. Richard Ruccello added an allegation that the Mayor had referred to age during their telephone conversation. Rick Heuer, NCIP Chair, added that the NCIP had been created specifically to give a voice to the neighborhoods which he said had not been well represented in City government at the time of the NCIP's creation, and suggested that the NCIP Chair receive more than the three allotted minutes of public comment when NCIP was a Council meeting topic. Public comments expressing confidence in the recommendations and the process were made by Eric Palmer, Gabe Sanders, and Esther Malkin of the Del Monte Grove-Laguna Grande Neighborhood Assocation. Specific comments made included expressing praise to City staff for good work, gratitude to familiar names and newcomers for applying, appreciation for the transparency of the process and the significant time put in by the Mayor, and the importance of being open to new voices, embracing change, and examining power structures. It was stated that the current process had been put in place by the previous Mayor, that based on the amount of outreach it was disingenous for neighborhood associations to claim they had no voice, and that the Civil Grand Jury report had recommended new voices on the NCIP Committee. Chinyere Ogbonna, NCIP Committee member, provided an example by describing her path to appointment and stated that there was a place for an open application process that could provide a way for people to become involved in their community. Cristina Medina Dirksen 5 City Council Minutes June 18, 2024 commended being open to new voices to the City's appointed bodies and stated that Shelly Mow Schmidt would bring her impressive skill set to serve the City well on the NCIP Committee. Early in the public comments, Councilmember Smith left the Chamber from 5:25 to 5:26 p.m. and Councilmember Barber left the Chamber from 5:27 to 5:31 p.m. Mayor Williamson said that he did not discriminate and that the assertion that he had referenced age was a fabrication. On question from the Council, City Attorney Davi clarified that nothing in the Charter or City Code required neighborhood association (“NA”) membership or nominations by NAs. She said that the NCIP Committee's voting night had already taken place and that any new members should watch the recording of the voting night before determining cutoff projects. Mayor WIlliamson addressed allegations and concerns made in public comments. He said that it was true he had not reached out to NAs and that he had been intentional about keeping the process intact so that it was fair and equitable to everyone who applied. He said that reaching out to the NAs would give an exclusive advantage to that group of people over other individuals or groups that might also have opinions. He noted that he had listened to the recent Monterey Vista Neighborhood Association (MVNA) recommendation to appoint Hans Jannasch as representative and John Sovereign as alternate. He said he felt 100% confident in the people that he was recommending for appointment today. He noted that Chinyere Ogbonna was a prime example of someone who came in without previous NA engagement. He asserted that the process was public and that if someone resigned from the NCIP, the NA should pay attention to when the seat was advertised and available. He said he had not made any appointment suggestions based on political affiliation. He said that the idea of being color blind was shortsighted, and that disadvantages can exist in a community and representation was needed with respect to diversity. He said that diversity factors included diversity of thought and experience. He stressed that term limits were not considered. The Council discussed the matter. Appreciation was expressed to members who had served in a dedicated and committed way over the years, and to City staff and the Mayor for the outreach, interviewing, recommendations, and other details. Further conversation with NCIP Committee in good faith and collaboration was encouraged, in order to enhance a board that the Council stated should be democratic and participatory. Regarding neighborhood associations, concern was expressed by the Council about comments made by the public regarding NAs, and about individuals using their platform of NA positions to advocate for their positions on the NCIP Committee. It was stated that the Council would need to more clearly define NA boundaries. On the other hand, concern was expressed about the Mayor not having contacted NAs regarding his appointment recommendations. Support was expressed by the Council for the Mayor's recommendations including the proposed new additions to the bodies. Appreciation was expressed for the applicants' willingness to participate and be involved in this way with their community. It was noted that the current process had been in place for six to seven years and stated that a Mayor should be accorded a fair amount of discretion when it comes to making appointments. It was stressed that one did not have to be an NCIP Committee representative to share subject matter expertise and be involved in a meaningful way in one's community. It was stated that former members should be encouraged to remain active and mentor new members. It was stated that there had been plenty of access and opportunity to be fair and that everyone in the neighborhood should be included -- that the table should be made longer. It was stressed that having fairness and equity in the appointments process was important, and that it had nothing to do with the NCIP Committee or NAs but that no group should be able to get more of a say. It was stated that this 6 City Council Minutes June 18, 2024 was an opportunity to engage more people and give them a chance to step up, and that nothing could beat actually sitting in the seat. Concern was expressed by the Council regarding the NCIP Committee portion of the appointments, and it was suggested to delay those appointments and meanwhile hold meetings and invite NCIP Committee applicants to get to know each other. Concern was expressed regarding the loss of knowledge that it was stated would result from letting experienced members' terms end and appointing new members in their stead. It was questioned why the new members could not begin as alternates to learn under the knowledgeable long-time members. It was stated that the appointments process had worked well when it had been a two- Councilmember Brown Act committee. It was stated that the NCIP Committee leaders had been campaign supporters and fought for the City's benefit to make it a better place. It was stated that their performance had been commendable and that recommending replacements disregarded their competency and involvement. City Attorney Davi provided information from the NCIP Manual confirming that the cutoff decisions still needed to take place. A motion was introduced by Councilmember Barber, and seconded by Councilmember Garcia, to accept the Mayor's recommendations and appoint, for terms to end June 30, 2028, the following: Roxanne Fritz, Kent Glenzer, and Thaddeus Hoffmeister to the Appeals Hearing Board; Gabriel Sanders and Justin Pauly to the Architectural Review Committee; Diane de Lorimier, Harish Joshi, and Robert Petty to the Board of Library Trustees; William Pyzel (as member) to the Building and Housing Appeals Board; Roxanne Fritz, Tammy Jennings, and Debra Machado to the Disabled Access Appeals Board; Carol O’Neil, William Pyzel, and Jerilynn Smith-Crivello to the Historic Preservation Commission; Payam Ostovar to the Measures P & S Oversight Committee; Glodean Champion, Bob Evans, and John O’Neil to the Museums and Cultural Arts Commission; A.J. Purdy as Aguajito Oaks Representative, Amy Stocker as Alta Mesa Representative, Holly Ochoa as Alta Mesa Alternate, Shelly Schmidt as Casanova Oak Knoll Representative, Chelsea Lenowska as Casanova Oak Knoll Alternate, David Cohick as Deer Flats Representative, David Overton as Deer Flats Alternate, Jayme Fields as Del Monte Beach Representative, Scott Hanson as Del Monte Grove-Laguna Grande Representative, Curt Tipton as Downtown Representative, Bella Lofaso as Downtown Alternate, Gary Baker as Fisherman Flats Representative, Marilyn Maxner as Fisherman Flats Alternate, Lee Whitney as Glenwood Representative, Luz Adam as Oak Grove Representative, Pat Erlinger as Oak Grove Alternate, Susan Ricketson as Old Town Representative, Rosemary Robert as Old Town Alternate, Dennis Duke as Skyline Representative, and Jil Johnson as Villa Del Monte Representative, all to the Neighborhood and Community Improvement Program (NCIP) Committee; Ben Bence, Justin Ono, and Christian Schmidt to the Parks and Recreation Commission; and Sandra Freeman and Terry Latasa to the Planning Commission. Lack of support for the motion was expressed, stating that feedback had been received from the public about completing the current work of NCIP committee, and that there had not been an opportunity for neighborhoods to provide feedback about the appointments. In support of the motion, it was stated that the neighborhoods had learned about the recommendations at the same time everyone else in the public had. The motion passed by the following vote: 7 City Council Minutes June 18, 2024 AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Haffa, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS - None made. CITY MANAGER REPORTS - None made. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was received from Eric Palmer, who said that labor negotiations should be important to the public and that the City’s organizational climate was in distress. The Council adjourned to closed session at 7:14 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Sichel Young v. City of Monterey (Monterey County Superior Court Case No. 23CV002501) 2. Amy Rodriguez v. City of Monterey (Workers' Compensation Appeals Board Case No. ADJ10194652) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On two unanimous roll-call votes, the Council gave confidential direction to its legal counsel in the matter of Sichel Young v. City of Monterey and in the matter of Amy Rodriguez v. City of Monterey Cs2. 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 its labor negotiators ADJOURNMENT The Council adjourned at 8:35 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8