Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 5, 2024 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa*, Smith, Williamson Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause 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, Planning Manager, Associate Planner, Harbormaster, Senior Administrative Analyst (Public Works), Deputy Public Works Director/City Engineer, Assistant Director of Information Resources, Recreation Manager, Engineering Projects Managers (2) ***Afternoon Session Agenda *** CALL TO ORDER This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act. Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll with the Council present as indicated above. TELECONFERENCE NOTICE Councilmember Haffa confirmed that he could hear the meeting proceedings, gave a brief description of the circumstances relating to his need to appear remotely pursuant to the “Just Cause” clause (contagious illness), and stated that no person over the age of 18 was present in the room with him during the meeting. City Clerk Klein called the roll with the Council present as indicated above. PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. PRESENTATIONS 1. Recognize November 2024 as Native American Heritage Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Native American Heritage Month Mayor Williamson read the proclamation. The Council spoke briefly about the importance of honoring and recognizing indigenous peoples.  City Council Minutes November 5, 2024 Public comment was received from Lorna Moffat, who urged the Council to adopt a resolution supporting the return to the Lakota tribe of their tribal lands, and Nina Beety, who spoke in favor of giving land back to local indigenous tribes and shared details of upcoming tribal events. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Tom Rowley, Steve Lightfoot, Peter Berridge, Chantal Melendrez, Lorna Moffat, and Nina Beety. CONSENT AGENDA Mayor Williamson noted that Items 14 and 16 had been requested to be pulled from the Consent Agenda. Public comment on the remaining Consent items was received from: Tom Rowley, regarding Item 6, who stated that a study by Kimley-Horn approved in 2021 had listed options that needed to have been made a year prior to this meeting and said that he hoped realistic data on sea level rise would be of value and lead to necessary decisions; and Johnny Khamis and Ursula Gallichotte, of the Parkland of Monterey Homeowners Association, regarding Item 6, who urged the City to pursue an up-to-date approach to sea level rise, focusing on preserving the beaches, roads, sewer, and their homes on La Playa Street, and not on managed retreat. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council approved the Consent Agenda, except Items 14 and 16: 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. October 15, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 3. October 23, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 4. October 30, 2024 Special Meeting (Field Trip) (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Award of Construction Contracts 5. Award a Construction Contract in the Amount of $497,702.00 to NX Plumbing & Underground Division for the Citywide Curb Ramp Project, Phase 9 (CIP) (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 24-165 C.S. 2  City Council Minutes November 5, 2024 Resolutions 6. Authorize the Receipt and Appropriation of Local Coastal Program (LCP) Local Assistance Grant Funds in the Amount of $1.64 Million, and Authorize a Contract with the California Coastal Commission (Exempt from CEQA per Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 24-166 C.S. 7. Authorize the Receipt and Appropriation of Regional Early Action Planning (REAP) 2.0 Regional Competitive Grant Funds in the Amount of $2,305,450 and REAP Local Suballocation Grant Funds in the Amount of $169,380; Authorize Contract with the Association of Monterey Bay Area Governments (AMBAG) (Exempt from CEQA, Article 19, Section 15306, Class 6) Action: Adopted Resolution No. 24-167 C.S. 8. Authorize a New Paramedic Service Provider Agreement with the County of Monterey for the Monterey Fire Department to Provide Paramedic Services in the City of Pacific Grove, Amending the City’s Current Paramedic Service Provider Agreement to Acknowledge the Pacific Grove Agreement, and Amending the Fire Services Agreement with Pacific Grove to include Paramedic Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-168 C.S. 9. Accept the 2024 U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) Hiring Program (CHP) Grant in the Amount of $250,000 to Hire Additional Police Officers (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-169 C.S. 10. Authorize an Agreement with Infor Public Sector, Inc. and Appropriate $499,668.81 for the Purchase of Infor Public Sector Suite (Hansen) Multi-Year Support Agreement (Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-170 C.S. 11. Authorize the Purchase of 165 Lenovo Laptops and Extended Service Warranty in the Amount of $192,804.56 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-171 C.S. 12. Authorize a Professional Services Agreement with AmeriNational Community Services, LLC for a Not to Exceed Amount of $50,000 annually to Provide Loan Administration Services for Affordable Housing Programs (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-172 C.S. 13. Authorize an Agreement with the California State Parks Division of Boating & Waterways to Accept Grant Funds for the Surrendered & Abandoned Vessel Exchange Program (SAVE-24) and Authorize an Increase of FY25 Revenue and Appropriation of $42,000 in Grant Reimbursement Funds (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-173 C.S. 3  City Council Minutes November 5, 2024 14. Authorize the Finance Director to Appropriate $210,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the El Estero Park Center Playground Equipment Upgrade Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***NCIP*** Action: Pulled from Consent; Continued to November 19, 2024 City Manager Uslar recommended that the Council continue the matter to the next regular meeting, based on staff having received some questions on the matter. Public comment was received from Tom Reeves, who referred to his written comments and said that the matter should be brought to the Neighborhood and Community Improvement Program (NCIP) Committee for their input because it related to NCIP funding. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council continued the matter to the November 19, 2024 meeting: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 15. Accept Army Project Awards, Authorize Budget Appropriations in the Presidio of Monterey Public Works Fund in the Amount of $1,871,140.75, and Authorize the Finance Director to Appropriate Project Budgets, Not Exceeding $350,000 per Project, for Unscheduled Maintenance Projects Through June 30, 2025 ***IGSA***(NEPA Not a Project, CEQA Not a Project under (Pub. Resources Code, § 21080, subd. (a) and Pub. Resources Code, § 21080, subd. (b)(1))) Action: Adopted Resolution No. 24-174 C.S. Other 16. Receive Mayor’s and Vice Mayor’s Recommendations and Appoint Recommended Applicants to the Appeals Hearing Board, Neighborhood and Community Improvement Program Committee, and Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Pulled from Consent; Appointed, with each term ending June 30, 2029, Justin Cheng to the Appeals Hearing Board as Alternate, Dean Bobrowski to the NCIP Committee as Alternate for the Aguajito Oaks neighborhood, Gina Sessions to the NCIP Committee as Alternate for the Monterey Vista neighborhood, and Amy Reed to the Parks and Recreation Commission; and Continued NCIP Committee appointment for the Naval Support Activity Monterey neighborhood to November 19, 2024 (3-1-1, with Councilmember Smith voting no, and Councilmember Haffa abstaining) The Council suggested that the matter be continued to November 19, 2024, citing an incomplete interview claimed by applicant Monique Kaldy, and stating that there would be a higher level of engagement and participation in the matter if it were held at a meeting that was not on election day. In response it was stated that the past Mayor, using the same appointments process, had not received so many complaints about process. It was suggested that the Council delay appointments to the Neighborhood and Community Improvement Program (NCIP) Committee military neighborhoods but move forward with other appointments. City Manager Uslar briefly provided the basic details of the application process for all of the positions, and noted that Adam Maddox could not be appointed to the NCIP Committee based 4 City Council Minutes November 5, 2024 on not meeting the residency requirement for the Naval Support Activity Monterey neighborhood. Public comment was received from: Curt Tipton of the NCIP Committee, who spoke against the proposed Naval Support Activity Monterey appointment, saying that the City should not be funding military property; Nancy Soule, who provided potential questions for NCIP Committee applications and said that military neighborhoods were not residential neighborhoods; Pat Venza, who asked questions about the military NCIP neighborhoods and their creation; Rosemary Robert of the NCIP Committee, who echoed a request to know why and for what purpose the neighborhoods were added; Monique Kaldy, who said that conducting interviews via chat was inappropriate; Tom Rowley, who asked to continue the matter, alleging a lack of transparency; Jean Rasch, who urged the Council to table the appointment of NCIP reps to military installations, citing no outreach to the public; Tom Reeves, who asked the Council to table the matter entirely, stating that the military neighborhoods were not really neighborhoods and that they should be incorporated into existing neighborhoods; and Nina Beety, who said that the two military neighborhoods were not part of the NCIP Committee and that appointments to these areas would be a violation of the Monterey City Code. During public comment, Councilmember Haffa left the teleconference at 5:01 p.m. due to technical issues. At the request of the Council, City Manager Uslar addressed questions and concerns that had been raised during the public comment period. He explained that on September 7, 2021, the updated NCIP manual, including a neighborhood map showing the military areas as neighborhoods, was approved by the City Council. He said that Jean Rasch was present at the time of approval and that the NCIP members were notified in 2021 when the manual was approved. He said that there had traditionally always been challenges when adding new neighborhoods to the NCIP, and shared that when the addition of the Downtown neighborhood was considered, some people said that it was strictly a commercial area, but the City Council said it was a neighborhood because people lived there. He addressed the allegation of a lack of transparency, noting that the outreach regarding miltary neighborhood vacancies was done publicly in June and was seen by numerous public commenters. He noted that the NCIP had funded projects on Federal property with NCIP funds for many years, and listed examples such as rehabilitating Navy dunes, and funding the Child Development Center and Soldiers Field at the Presidio of Monterey, and he went on to point out that the NCIP manual provided guidance on how to fund projects on federal installations and other out-of-jurisdiction property. He stated that Monterey residents who were serving the nation deserved the right to be represented by their City government, of which the NCIP was a part. During City Manager Uslar's remarks, Councilmember Haffa rejoined the teleconference at 5:07 p.m. The Council discussed the matter. Regarding Ms. Kaldy's interview, it was stated that holding an interview by chat was not ideal, and that if the audio problem with the interview was on the City's side, it should have been rescheduled. Regarding concerns arising from the process and recommendations of this Mayor and not the prior Mayor, it was stated that non-recommended applicants had disagreed with the process through the years, not only in this instance. On question from the Council, City Manager Uslar explained the background for advertisement of the military neighborhood vacancies, stating that when applicant Evens Lanot's application was received, it was clear to staff that representation for his residential neighborhood was appropriate. He recounted details of the addition of the previously unrepresented Downtown neighborhood to the NCIP, and noted that in the future if people lived in the Ryan Ranch neighborhood, they would also be entitled to representation. He said that it was not consistent with democracy to tell people living in certain areas that they were not allowed a representative. 5 City Council Minutes November 5, 2024 Mayor Williamson clarified that the process regarding military neighborhoods had been staff-led, based on the City Clerk having received an otherwise qualified application from a previously unrepresented resident of the City living in the Naval Support Activity Monterey neighborhood. The Council continued its discussion. Regarding the potential to postpone appointments, it was stated that there was no reason to do so, noting that no complaints about Ms. Kaldy's interview had been brought forward to the Vice Mayor who interviewed her, nor to City staff. Regarding the military neighborhoods, it was stated that the Council did need to recognize the significant military presence in the City and region, and that it was right to provide representation to residents in those Monterey neighborhoods. During the Council's discussion, Councilmember Haffa left the teleconference at 5:11 p.m. He rejoined the teleconference at 5:16 p.m. and said he would abstain from voting because he had not heard the full conversation. On question from the Council, City Attorney Davi explained the history of the addition of the Downtown neighborhood to the NCIP, stating it had taken approximately a decade to get the NCIP manual updated to include the Downtown neighborhood. She said that it had eventually been changed but that it had been a hurdle. She said that during that process she had made it very clear that there should be no person living in the City who did not have the right to representation. She said that when the City converted to districting for Council elections, all of the residents living in the military areas within the City limits were counted and considered in terms of district boundary lines. She said that how the neighborhood lines should be drawn was a policy decision for the City Council, but that every resident should have a representative. The Council posited that adding military neighborhoods to existing neighborhoods would be likely to create conflict and pushback from the existing neighborhoods and their representation. A motion was introduced by Mayor Williamson, and seconded by Councilmember Barber, that the City Council make all of the recommended appointments, except for the Naval Support Activity Monterey neighborhood of the NCIP, which would be continued to November 19, 2024. A substitute motion was introduced by Councilmember Smith: that the City Council make appointments for the NCIP neighborhoods of Aguajito Oaks and Monterey Vista, and to the Appeals Hearing Board and Parks and Recreation Committee, but delay appointment to the NCIP neighborhood of Naval Support Activity Monterey; and that the Mayor and Vice Mayor should reschedule and interview Ms. Kaldy. This substitute motion died for lack of a second. Regarding the interview process conducted, Vice Mayor Barber clarified that all interviews she conducted were done by video conference, and that in the case of Ms. Kaldy's interview the audio did not connect so the interview was held via chat and video, without audio. Mayor Williamson said that most of his interviews had been by video conference also, with some partially conducted in chat because of issues. A member of the Council said that interviews should have simultaneous visual and audio if conducted remotely, or be held in person. The motion by Mayor Williamson passed by the following roll-call vote: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 1 COUNCILMEMBERS: Haffa RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** 6  City Council Minutes November 5, 2024 PUBLIC APPEARANCE 17. Consider Employee Richard Castellon's Request for Military Leave Additional Supplemental Salary Beyond 330 Days (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Approved Richard Castellon's request for military leave until January 8, 2025 Human Resources Director Neal gave a brief verbal staff presentation and answered Councilmembers' questions. Public comment was not received. On a motion by Councilmember Smith, seconded by Mayor Williamson, and carried by the following roll-call vote, the City Council approved Employee Richard Castellon's Request for Military Leave Additional Supplemental Salary Beyond 330 Days, until January 8, 2025: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council made remarks appreciating Mr. Castellon's dedication to the City and the Country. 18. Receive Presentation by the Monterey Peninsula Water Management District (MPWMD) on the 2024-2025 Water Allocation Process and Authorize a Letter Supporting the Proposed MPWMD Water Allocation for the City of Monterey (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation and authorized the letter Community Development Director Cole, and Dave Stoldt, of the Monterey Peninsula Water Management District, gave the staff presentation and answered Councilmembers' questions. During the presentation, Mayor Williamson left Chamber at 5:37 p.m. and returned at 5:40 p.m. Public comment was received from Tom Rowley, who said that Stoldt's data and predictions were premature, and Nina Beety, who shared water quality concerns relating to Fort Ord toxins, radioactivity from Japan, and agricultural chemicals. The Council discussed the matter. Context was provided for a vote regarding Regional Housing Needs Analysis (RHNA) allocations at the meeting of the board of directors of the Association of Monterey Bay Area Governments (AMBAG), stating that the "no" vote had been a protest vote because of data forced on AMBAG by the State. It was expressed that local jurisdictions were stuck with a system that was being forced by the California Department of Housing and Community Development, that the data was faulty, and that the City of Monterey's assigned RHNA number was out of line with Monterey's needs. The Council thanked Mr. Stoldt and invited him to present again in the coming year. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council authorized the letter: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7 City Council Minutes November 5, 2024 COUNCIL COMMENTS Councilmember Smith congratulated candidates for running, and urged everyone to put the election behind them and live their lives in community, getting along together with care for others. Mayor Williamson encouraged voters to head to the polls if they had not yet already, noting that the polls would close at 8:00 p.m. CITY MANAGER REPORTS City Manager Uslar echoed the information that polls would be open until 8:00 p.m., and said that the first local election results will be available online shortly after 8:00 p.m. ADJOURNMENT The Council adjourned at 6:09 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8