Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 21, 2025 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber*, Garcia, Rasch, Smith, Williamson Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause City Staff Councilmember, City Manager, Assistant City Manager, City Attorney, Present: Finance Director, Community Development Director, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Public Works Administrative Services Manager, Acting Assistant Fire Chief, Assistant Police Chief, Parks Supervisor, Senior Engineer, Deputy Public Works Director/City Engineer, Planning Manager, Recreation Manager, Assistant Finance Director, Engineering Projects Manager ***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 4:01 p.m. City Clerk Klein called the roll with Councilmember Barber absent. TELECONFERENCE NOTICE Councilmember Barber joined at 4:02 p.m, confirmed that she could hear the meeting proceedings, gave a brief description of the circumstances relating to her needs to appear remotely pursuant to the “Just Cause” clause (travel on official business of the City), and stated that no person over the age of 18 was present in the room with her during the meeting. PRESENTATIONS 1. Adopt a Resolution Mourning the Lives Lost in the Palisades, Eaton, and Southern California Fires of January 2025, Honoring the City of Monterey Firefighters Responding to the Historic Wildfires and Expressing Hope for the Continued Safety of Our Firefighters and Appreciation to their Families; and Receive a Report on the City’s Wildfire Preparedness and Response Capabilities (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-001 C.S. and received presentation Mayor Williamson introduced the resolution, and Assistant Fire Chief Moore gave a verbal presentation. Public comment was received from: Steve Lightfoot, who said the fires were due to above- ground gas meters; Demetrius Kastros, who urged the City to dramatically increase fire prevention efforts; Luis Osorio, who stressed the need to evaluate the City's evacuation procedures; Leonard Levenson, who asked the City to make it easier for property owners to  City Council Minutes January 21, 2025 remove trees for defensive space; Jim Cullem, who spoke to the challenges managing fuel and defensible space for property neighboring multiple jurisdictions; Bob Faulis, who said that the City should review mistakes made in Los Angeles and plan carefully for a worst-case fire scenario; Shelly Schmidt, who spoke about the high expenses and difficulties associated with tree maintenance; and Nina Beety, who said that fuel clearing efforts to remove foliage had made it possible for embers to travel more quickly between trees. The Council acknowledged firefighters for their work, and their families for the challenges they face with having their loved ones on duty fighting fires. It was stated that the City should further investigate and work on matters such as ensuring the functionality of its fire hydrants, evacuation processes, preparation communication, and considering updating building requirements to improve fire resistance. The public was encouraged to enhance their skills and preparation, download the Watch Duty app, and join Monterey's Community Emergency Response Team (CERT) program. Intent was indicated by the Council to hold a town hall or study session on tree and fire issues, and to continue to look at solutions and best practices, including for improving evacuation plans and community outreach and education. On a motion by Councilmember Garcia, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-001 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Mabel Lernoud, Leonard Levenson, and Bob Faulis. CONSENT AGENDA Public comment on the Consent Agenda was not received. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council approved the CONSENT AGENDA: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 2. December 17, 2024 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Approved 2  City Council Minutes January 21, 2025 Award of Construction Contracts 3. Amend the Construction Contract with Mesa Energy Systems, Inc. for the Monterey Conference Center Cooling Tower Replacement to Increase the Contract Amount from $1,447,771.00 to $1,567,771.00 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 25-002 C.S. 4. Award a Construction Contract in the Amount of $474,821.00 to Intech Mechanical Company, Inc. dba Intech Automation to Replace NAE NCE Controllers at Various Buildings at the Presidio of Monterey ***IGSA*** (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1)) Action: Adopted Resolution No. 25-003 C.S. Ordinances 5. 1st Reading of an Ordinance Extending Elected Officials’ First Ethics Training Deadline by 30 Days, and Requiring Electronic Filing of Campaign Finance Disclosure Statements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Passed ordinance to a second reading Resolutions 6. Authorize an Appropriation of $96,432.35 to Purchase and Upfit One (1) New Fire Utility/Command Truck (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Adopted Resolution No. 25-004 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 7. Receive Update on the 2025 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Steve Hanleigh, who asserted that the City should preserve existing structures and defend against the loss of sand; Esther Malkin, who stressed the need to revitalize blighted properties on North Fremont Blvd. and the inability to qualify for grants due to the City's classification as high-income; Nina Beety, who criticized the omission of various issues including the City's property tax allocation and impacts from military installations; and Ursula Gallichotte, who asked the City to conduct a scientific evaluatoin of erosion and sea level rise at Del Monte Beach. *** Adjourn to Closed Session *** Public comment on the closed session was received, addressing closed session Item 8, from: Bob Faulis, who complimented City Manager Uslar and his work, and Nina Beety, who shared concerns with the City's leadership, citing ongoing conflicts, including with the Neighborhood and Community Improvement Program (NCIP) Committee, and with various plans and initiatives. 3  City Council Minutes January 21, 2025 The Council adjourned to closed session at 6:06 p.m. CLOSED SESSION 8. Public Employee Performance Evaluation, Title: City Manager; Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1), Conference with Labor Negotiator Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiator: Shelline Bennett; Unrepresented Employee: City Manager (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: No reportable action taken, Matter continued to a date not certain 9. Conference with Legal Counsel, A. 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. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750) 3. City of Monterey v. Paul Soares (Monterey County Superior Court Case No. 24 CV 002533) 4. Paul Soares v. City of Monterey (United States District Court, Northern District of California Case No. 24-CV-05131-EJD) 5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649) 6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court Case No. 24CV003703 7. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540) 8. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) 9. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206) 10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) 11. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051) 12. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763) 13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125) B. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc. Claim dated August 12, 2024 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Matter not heard or considered, Continued to February 4, 2025 meeting RECESS The Council recessed at 7:07 p.m. RECONVENE The Council reconvened at 7:13 p.m. 4  City Council Minutes January 21, 2025 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Rasch led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Continued public comment on non-agendized matters was received from Karen Brown, Nancy Soule, Esther Malkin, and Nina Beety. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Williamson reported out from the closed session as indicated in the actions recorded for closed session items 8 and 9, above. PUBLIC APPEARANCE (EVENING) 10. Receive Rental Inventory Program Annual Report and Consider Recommended Program Changes and Initial Tenant Protections (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received report, Discussed Housing Manager Wyatt and Management Analyst Ackermann gave the staff presentation and answered Councilmembers' questions, with additional input provided by Community Development Director Cole, City Manager Uslar, and Kate Bischoff of rental inventory software provider Tolemi. It was requested by the Council that the minutes reflect that Table 4 on Page 11 of the agenda report had been corrected by staff. The corrected table is filed with the agenda materials in the City Clerk's Office and will be retained pursuant to the retention schedule. Councilmember Smith left the Chamber from 8:43 p.m. to 8:44 p.m. Public comment expressing concern or speaking in opposition to the staff recommendations was received from: Elizabeth Todd, Jeff Davi, Richard Barnard, Nelson Vega, an unnamed property manager, two unnamed persons, Kathy Anderson, Adam Pinterits of Monterey County Association of Realtors, Jeannie Ferrara, Jayme Fields, Nancy Soule, an unnamed landlord, Monique Kaldy, Patrick, Graziella Cardinalli, Andrea, and Lori Mazzuca. Parissa Salimian spoke in favor of removing the "mom and pop" exemption, and Esther Malkin defended the registry but said changes might be premature. The Council recessed at 9:39 p.m. and reconvened at 9:50 p.m. The Council discussed the matter. It was stated that everyone on all sides of the issue wanted Monterey to be a stable community with rents that people can afford. City staff was praised for the compliance rate for the program and their hard work, and it was requested that staff reports be published sooner. Concerns were raised about the area's broader housing challenges, such as limited rental inventory and barriers to building new housing due to lack of water. It was stated that there should be further efforts to increase registry compliance. It was asserted that despite accusations to the contrary the Council was not considering rent control at this time. Regarding the suggestion to eliminate the "mom and pop" exemption for landlords owning three or fewer properties, comments were made opposing the exemption's removal, citing the financial strain on small landlords due to rising costs like insurance and taxes. It was argued that removing the exemption could push these landlords out of the market, exacerbating 5  City Council Minutes January 21, 2025 housing challenges. On the other hand, it was stated that eliminating the exemption would provide more comprehensive data and ensure fairer implementation of policies for all property owners. It was questioned whether there may be room for a compromise such as eliminating the exemption for "mom and pop" properties managed by property management companies. Regarding the 50% fee pass-through to tenants, it was suggested to retain it but allow monthly payments to ease the burden on renters, who already faced financial pressures like rising living costs. On the other hand, concerns were raised about whether tenants should bear such costs at all. Regarding the recommendation to require landlords to offer 12-month leases, concerns were expressed about reducing landlords' flexibility, potential legal complications, and the possibility of prolonging landlord-tenant disputes. It was stated that the Council would require further analysis to consider this concept. Regarding fees and hidden costs, it was requested that staff bring more information about these issues to the Council and that they may be able to be incorporated into the City's rental assistance program. The Council discussion overall stressed the need for a cautious approach balancing the interests of landlords and tenants, addressing economic pressures faced by both, and gathering sufficient data to make fair and effective policy decisions. 11. Receive Rental Assistance Program Update and Recommended Program Changes (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received update, Approved recommended program changes Housing Manager Wyatt and HCD Coordinator Verania gave the staff presentation and answered Councilmembers' questions, with additional input from Community Development Director Cole. Public comment was received from: Adam Pinterits of Monterey County Association of Realtors, who said that this program helped to prevent homelessness; Esther Malkin and Lori Mazzuca, who praised the program and asked questions of staff; and Eloise Shim, who asked the Council to consider the issue of wrongful evictions. Housing Manager Wyatt addressed the questions received from commenters. She said that some recipients of rental assistance are already in subsidized affordable housing but may have still faced unexpected financial difficulties, especially when they pay more than 30% of their income to live in inclusionary units. She explained that staff felt the assistance was needed by the recipients and that efforts were being made to tighten program rules for consistency and clarity. She said that there was not sufficient information available to determine if evictions were more commonly issued by "mom and pop" landlords but that anecdotally it appeared more evictions involved professional property management firms. A motion was introduced by Councilmember Rasch, seconded by Councilmember Smith, to approve staff’s recommended program changes. On question from Council, Housing Manager Wyatt explained that staff had worked to accommodate various schedules by offering mixed application opening times that would still allow for real-time support during the application periods. 6 City Council Minutes January 21, 2025 The Council discussed the matter briefly. Staff was complimented for their efforts in providing housing support, stressing that they had made a significant impact addressing urgent housing needs with compassion. It was requested that staff prioritize applicants with children, and appreciation was expressed for the modification that would allow the Housing Manager to have flexibility for approving urgent cases. The motion carried by the following roll-call vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith reported on a recent strategic planning workshop at a Monterey-Salinas Transit (MST) board meeting and announced that MST had received a significant check from the Department of Transportation through a bipartisan initiative that completed the needed funding for the SURF! Busway. He said that MST had donated retired buses to the Monterey County Sheriff's Office. He said that he would be attending a Transportation Agency for Monterey County (TAMC) meeting the next day, and that he looked forward to volunteering again at the AT&T golf tournament later in the month. CITY MANAGER REPORTS City Manager Uslar announced that the City had just opened the application period for Special Event Support Program (SESP) grants. He noted that he had heard on the news that Off the Charts Cannabis was planning for a soft opening of their Monterey location later in the week. ADJOURNMENT The Council adjourned at 11:37 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7