Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 4, 2025 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Rasch, Smith, Williamson Absent: None City Staff Assistant City Manager, City Attorney, Finance Director, Community Present: Development Director, Police Chief, Fire Chief, Parks and Recreation Director, Human Resources Director, Public Works Director, City Clerk, Property Manager, Harbormaster, Deputy Public Works Director/City Engineer, Engineering Assistant, Recreation Manager, Acting Harbormaster; Administrative Analyst (Public Works) TELECONFERENCE NOTICE ***Afternoon Session Agenda *** CALL TO ORDER 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. PLEDGE OF ALLEGIANCE Councilmember Garcia led the pledge. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards First Quarter FY25 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized servicemembers for winning the First Quarter FY25 Joint Enlisted Board (JEB) Awards The Council recognized Petty Officer 2nd Class Cody Bryant, from the U.S. Navy; Airman 1st Class Sandra Buck, from the U.S. Air Force; Electrician’s Mate Petty Officer 1st Class Kaitlyn Green, from the U.S. Navy; and Sergeant Canyon McDonald, from the U.S. Marine Corps. Honorees Electrician’s Mate Petty Officer 1st Class Kaitlyn Green and Sergeant Canyon McDonald were present and made brief remarks. Public comment was not received. 2. Recognize February 2025 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized February 2025 as Black History Month Mayor Williamson read the proclamation and spoke about the importance of Black History Month and inclusivity. Public comment was not received.  City Council Minutes February 4, 2025 GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from: Demetrius Kastros, Lisa Alameda, Dona Betzold of the Oak Grove Neighborhood Association, Bob Walker, Robbie Torrise, Elysha Iversen, and Meg Coleman. CONSENT AGENDA Mayor Williamson stated that Items 4 and 5 had been requested by the public to be pulled from Consent. 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, except Items 4 and 5: 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 3. January 21, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Approved Ordinances 4. 1st Reading of an Ordinance to Amend Monterey City Code Chapter 17 Relating to Relocation of Vessels During City Sponsored Harbor Events, Requirements for Mooring Inspections and Repairs, and Requirements for Vessel Insurance (Exempt from CEQA, Article 5, Section 15061(b)(3) and Article 19, Section 15301, Class 1) Action: Pulled from Consent; Passed to a second reading on March 18, 2025, amended as follows: "2. Gear Inspection" language modified to allow up to 60 days for securing repairs instead of 30, and forfeiture of mooring license at 90 days instead of 60; "3. Inadequate Mooring Gear" language modified to incorporate emergency exception, and forfeiture of mooring license at 90 days instead of 60; "m. Insurance" language modified to delay the start date to September 1, 2025; and adding language allowing flexibility to the Harbormaster for extensions based on circumstances; Directed City staff to issue another notification to Harbor and Marina occupants and licensees Acting Harbormaster Rodriguez gave the staff presentation and answered Councilmembers' questions. Public comment was received from: John McHenry, who asked for a grandfather clause and said that he had not been able to find any insurer willing to insure his fifty-year old boat; Jiri Nozicka, who expressed concern about the deadlines due to supply chain issues and other logistics; Eric Foster, who worried about safety for live-aboard moorings and said that the City was solely concerned with its own property and not the property of others; and Frederick Leach, who said that it was reasonable for the City to require liability insurance but that the ability and timeline to obtain it was a challenge for boat owners. On question from the Council, Acting Harbormaster Rodriguez explained that the insurance requirement was intended to protect the Harbor's assets and that the required insurance for a 2  City Council Minutes February 4, 2025 boat was higher than the value of the boat because potential damage to other vessels or the City's properties could exceed the boat's value itself. She said that many vessels were currently insured and that their owners already provided the Harbor office with copies of the policies as a courtesy. She explained that larger companies may refuse to insure older or wooden vessels, but staff's research indicated that smaller insurance companies were willing to provide coverage. She said that 13 out of 16 harbors statewide currently required vessel insurance. The Council discussed some options that would provide a slightly more lenient policy, and Assistant City Manager Rojanasathira agreed that the suggestions would be feasible from staff's perspective. On a motion by Councilmember Smith, seconded by Councilmember Rasch, and carried by the following vote, the City Council passed the ordinance to a second reading at the second regular meeting in March, 2025, amended as follows: "2. Gear Inspection" language modified to allow up to 60 days for securing repairs instead of 30, and forfeiture of mooring license at 90 days instead of 60; "3. Inadequate Mooring Gear" language modified to incorporate emergency exception, and forfeiture of mooring license at 90 days instead of 60; "m. Insurance" modified to delay the start date to September 1, 2025; and adding language allowing flexibility to the Harbormaster for extensions based on circumstances; and directed City staff to issue another notification to Harbor and Marina occupants and licensees: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 5. 1st Reading of an Ordinance Amending the Sidewalk Repair and Maintenance Ordinance to Update Definitions, Update the Private Property Owner Repair Notification Procedures, and Add a Requirement for Inspection and Repair Verification Upon Change in Property Ownership (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Passed to a second reading Administrative Analyst Beckman and City Engineer/Deputy Public Works Director Easterling gave the staff presentation and answered Councilmembers' questions with input from City Attorney Davi and Community Development Director Cole. Public comment was received from: Julie Gorman, who expressed concern that her private property without a sidewalk was becoming a public right-of-way and that appeals could only be done in court; and Adam Pinterits, who said sidewalk maintenance should be the City's responsibility and that alternatives should be considered for requiring point of sale inspections. On question from the Council, Community Development Director Cole explained that there was no active program in the City to assist residents with repair of sidewalks. There was discussion with the Council about whether the Mr. Fix-It program could be expanded to assist with sidewalk repair costs. On question from the Council, City Engineer/Deputy Public Works Director Easterling said that private driveways would usually be considered encroachments within the public right-of-way and were addressed under other language in the City Code. He said that any defects or hazards to the public would conform to the sidewalk ordinance and that the property owner would have a duty to maintain and repair it. City Attorney Davi explained that sidewalk obligations for property owners had been in place since 1955 and that the matter before the Council at this meeting was to define sidewalks and provide additional ways to ensure that sidewalk repairs are completed. She said that cities 3  City Council Minutes February 4, 2025 could not be in the insurance business and inspecting every inch of the city but that property owners are in the best position to observe the condition of their own property and make necessary repairs. Assistant City Manager Rojanasathira stressed the importance of an inspection and compliance process prior to property transfers in order to ensure sidewalk safety. The Council expressed concern about financial burdens on property owners, especially due to rising costs since the ordinance was originally enacted in the 1950s. It was noted that property owners unable to pay for repairs would have the option for the City to do the work and that the cost of repairs would be recovered upon sale of the property. It was observed that some Monterey neighborhoods lacked sidewalks, potentially leading to confusion about property lines, and the need for clearer property boundary definitions and educational efforts was highlighted. Interest was expressed in holding a separate discussion about the possibility of financial assistance or a support mechanism for those unable to afford repairs. It was stressed that it was important to have a clear and contemporary ordinance. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council passed the ordinance to a second reading as presented: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. 2nd 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: Adopted Ordinance No. 3694 C.S. Resolutions 7. Order Engineer’s Report for Fiscal Year 2025-2026 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-005 C.S. 8. Order Engineer’s Report for Fiscal Year 2025-2026 Calle Principal Maintenance District No. 00- 1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-006 C.S. Other 9. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 353 Camino El Estero; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce); Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed real property negotiators Cole and Aldrete *** End of Consent Agenda *** 4  City Council Minutes February 4, 2025 PUBLIC APPEARANCE 10. Amend Resolution 24-138 Authorizing Changes to the Fiscal Year 2024-25 Budget to Increase Revenues and Expenditures in the General Fund and Other Funds, Designate Funds into the Economic Uncertainty Reserve, and Update the Position Control List (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-007 C.S. Assistant City Manager Rojanasathira introduced the mid-year budget and Finance Director King gave the staff presentation. During the presentation, Councilmember Smith left the Chamber at 5:50 p.m. and returned at 5:51 p.m., Councilmember Rasch left the Chamber at 5:51 p.m. and returned at 5:53 p.m., and Mayor Williamson left the Chamber at 5:53 p.m. and returned at 6:00 p.m. Following the presentation, Finance Director King answered Councilmembers' questions. During questions and answers, Councilmember Garcia left the Chamber at 6:17 p.m. and returned at 6:20 p.m. Councilmember Barber left the Chamber at 6:20 p.m. and returned at 6:22 p.m. The Council expressed interest in setting reserve targets by percentage instead of dollar amount. Finance Director King noted that the economic uncertainty reserve was based on a percentage and that she would bring reserve matters to the Council in March, 2025. The Council highlighted that the City's new budget portal provided transparency but expressed some regret that it was not printable. Public comment was not received. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 25-007 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) On a motion by Mayor Williamson, seconded by Councilmember Rasch, and carried by the following vote, the City Council extended the meeting to 9 p.m. including closed session: 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 Garcia expressed concerns about zoning relating to the newly opened gun shop in the Oak Grove neighborhood, and asked for information to be provided by staff. Councilmember Rasch echoed the interest in learning more about the gun shop issues, and announced an upcoming town hall on fire prevention on February 27, 2025. 5  City Council Minutes February 4, 2025 Mayor Williamson joined the other members in requesting information from staff on the gun shop. CITY MANAGER REPORTS Assistant City Manager Rojanasathira provided further information on the upcoming Wildfire Ready town hall. *** Adjourn to Closed Session *** Public comment on the closed session was not received. The Council adjourned to closed session at 6:44 p.m. CLOSED SESSION 11. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 353 Camino El Estero Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Monica Lal (Monterey Peninsula Chamber of Commerce) Under Negotiation: Price and Terms of Payment for Lease Amendment (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, confidential direction was given to the property negotiators 12. 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) 6  City Council Minutes February 4, 2025 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) -- continued from January 21, 2025 Council Regular Meeting Action: No reportable action was taken 13. 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) -- continued from January 21, 2025 Council Regular Meeting Action: The item was not heard ADJOURNMENT The Council adjourned at 8:10 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7