Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 18, 2025 4:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Rasch, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Public Works Director, City Clerk, Sustainability Coordinator, Police Lieutenant, Engineering Assistant, Deputy Public Works Director/City Engineer, Parking Superintendent, Division Chief, Administrative Analyst (Public Works), Senior Street Maintenance Worker *** Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. PLEDGE OF ALLEGIANCE Councilmember Rasch led the Pledge. CONSENT AGENDA Public comment on the Consent Items was not received. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following 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 1. January 29, 2025 Special Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Approved 2. February 4, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Approved  City Council Minutes February 18, 2025 Award of Construction Contracts 3. Award a Construction Contract in the Amount of $1,279,803.57 to Earl Adams Tile-Coping & Plastering, Inc. for the Monterey Sports Center Improvements – Pool Replastering (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-008 C.S. Ordinances 4. 2nd 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: Adopted Ordinance No. 3695 C.S. Resolutions 5. Adopt a Resolution to Update the Administrative Citation and Parking Violation Fine Schedule (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-009 C.S. 6. Authorize the Acceptance of Monterey Bay Air Resources District AB 2766 Clean Air Management Program and Clean Vehicle Program Grant Funding in the Amount of $240,000, Amending Resolution 24-099 Five Year Capital Improvement Program to Include the Fleet Electrification Program, and Authorize the Appropriation of $240,0000 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-010 C.S. 7. Authorize Application for, and Receipt of, California Department of Parks and Recreation’s Division of Boating and Waterways Non-Motorized Boat Launching Facilities Grant Funds (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-011 C.S. 8. Authorize the City Manager to Execute a Purchase Agreement with Charles Murray, an individual dba JAECO Fire & Safety, for 29 Sets of Firefighter Turnouts at a Cost Not to Exceed $122,888.30 (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-012 C.S. *** End of Consent Agenda *** GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Kent Glenzer, Julie Ingall, Steve Vagnini, Eloise Shim, and Nina Beety. Comment on Consent Items after the Consent Agenda was approved was received from Nelson Vega, who expressed concerns about the title for Item 5 and the fact that it increased rental inventory fees. 2  City Council Minutes February 18, 2025 PUBLIC APPEARANCE The Council recessed at 6:02 p.m. and reconvened at 6:06 p.m. 9. Adopt an Urgency Ordinance Pursuant to Government Code Section 65858(a) to Temporarily Prohibit the Establishment and Operation of New Firearms and Ammunition Retail Sales Businesses in the City (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3696 C.S. and directed staff to bring further research and recommendations to the Council, including a potential extension, before the urgency ordinance's expiration in 45 days Community Development Director Cole gave the staff presentation on the proposed ordinance, which would temporarily prohibit the establishment and operation of new firearms retail sales businesses to allow City staff time to study best practices and recommend zoning code amendments and other regulations that would apply to future applicants. She answered Councilmembers' questions. Councilmember Smith left the Chamber at 4:29 p.m. and returned at 4:31 p.m. Based on the number of individuals interested in speaking, Mayor Williamson limited public comment to 2 minutes and 30 seconds. Public comment was received from: Susanna Whitman, Jonathan Wolf, Linda Darling, an unidentified mother, Robin McKee, Esther Malkin, Annette, Elysha Iversen, Mrs. Ramirez, and an Oak Grove neighborhood resident, who said that the Oak Grove neighborhood was not the appropriate location or zoning for gun retail use; Dona Betzold, Steve Vagnini, Robert Walker, Erika Delemarre, Chad Bollman, Gina Puccinelli, and Monique Kaldy, who spoke in favor of the proposed urgency ordinance; Nelson Vega, Ed Albert, Erica Walker, Jim Ferguson, Monica Lal of Monterey Peninsula Chamber of Commerce, who spoke against the proposed urgency ordinance; and Ed Stoutenborough and Raymond Johnson, who spoke in support of the gun shop in the Oak Grove neighborhood. During public comment, Councilmember Smith left the Chamber at 5:00 p.m. and returned at 5:02 p.m. On question from the Council, Community Development Director Cole provided information on required noticing for business uses that require use permits. City Manager Uslar provided information on the timeline allowed by law for urgency ordinances. The Council discussed the matter. It was noted that the matter before the Council was a community-driven initiative based on concerns expressed by residents. It was stressed that the issue was about the need to protect the composition of Monterey's neighborhoods and community by managing allowing gun shops in a responsible way with appropriate zoning. It was stated that while most gun owners utilize their weapons safely and responsibly, not every owner does and also that accidents happen. Concern was expressed for the safety of Monterey's residents and peace officers. It was stated that balance was needed to protect the nature and safety of the community and ensure quality of life for residents in mixed-use zoning. It was stressed that the Council was responsible for reducing risks within their jurisdiction and that this was an opportunity to pause while gathering information for setting policy in the future. It was stated that there were sufficient findings to adopt the urgency ordinance. The Council listed considerations that should be covered in a future ordinance, including: permissive use and zoning regulations, and considering overlay zoning; location considerations, such as whether residential neighborhoods are appropriate and required distances from 3  City Council Minutes February 18, 2025 schools, parks, and preschools; security requirements, such as proper storage of firearms and ammunition, safes, bollards, and other measures; public safety, including addressing potential fire hazards from ammunition storage and prohibiting on-site handling of loaded firearms; limiting parking impacts on neighborhoods; public notification to neighboring areas; and operating regulations such as establishing restrictions on business hours. Further information was requested from City staff on matters including: fully evaluating public safety and community impact, such as reviewing data linking firearm business density or proximity to gun-related incidents; planned community engagement, such as town halls for community input and facilitating dialogue between gun shop owners and concerned residents; other structures in the City sharing the same zoning with the new gun shop in Oak Grove; and exploring voluntary relocation options for existing businesses or the City expending funds to buy out the lessor of the Oak Grove location. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted urgency Ordinance No. 3696 C.S. and directed staff to bring further research and recommendations to the Council, including a potential extension, before the urgency ordinance's expiration in 45 days: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) REQUESTS FROM COUNCILMEMBERS TO AGENDIZE NEW MATTERS 10. Councilmember Rasch’s Request to Agendize a Discussion Regarding Revising the Council’s Governance Policy Regarding Appointments to Boards, Commissions, and Committees (Not a Project under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved for a future City Council agenda (2-3, Mayor Williamson, Councilmember Barber and Councilmember Garcia voting no) Councilmember Rasch gave a brief verbal presentation pursuant to the Council’s agendizing policy (Resolution No. 23-131 C.S. on governance), and answered Councilmembers' questions. Public comment was received from Lee Whitney, Bob Faulis, and Tom Reeves, who spoke in favor of agendizing the item. The Council discussed the matter. It was suggested to hold off on agendizing the matter until the Council's recently identified priorities were further agendized. The first motion was introduced by Councilmember Smith, and seconded by Councilmember Rasch, to approve agendizing the matter. A friendly amendment to the motion was suggested by Mayor Williamson, but rejected by the mover, to approve agendizing the matter but postpone determining the timeline for its agendizing until the Council further discussed its strategic priorities at the next regular meeting. A substitute motion was introduced by Mayor Williamson, and seconded by Councilmember Barber, to approve agendizing the matter but postpone determining the timeline for its agendizing until the Council further discussed its strategic priorities at the next regular meeting. 4  City Council Minutes February 18, 2025 The Council discussed how soon to agendize the matter, whether prior to an upcoming follow- up discussion of Council priorities or as part of it. It was discussed, as a point of order, whether the substitute motion was legitimate, based on the fact that per the Council's governance policy, only two votes were needed for approval of agendizing and the original motion most likely had two votes based on being seconded, but had not had a chance to receive them. The substitute motion mover withdrew the substitute motion, and asked City staff to clarify timelines at the next strategic planning discussion so that the Council could discuss collectively how matters should be prioritized. The first motion passed by the following vote: AYES: 2 COUNCILMEMBERS: Rasch, Smith NOES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 11. Councilmember Rasch’s Request to Agendize A Discussion Regarding Tree Management (Not a Project Under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved for a future City Council agenda Councilmember Rasch gave a brief verbal presentation pursuant to the Council’s agendizing policy. Public comment was received from Erica Walker, Lee Whitney, Pat Venza, Tom Reeves, and Adam Pinterits, who spoke in favor of agendizing the item. Nina Beety provided input on Item 10 and expressed concern about the City's approach to trees, alleging that the opinions of biologists and wildlife organizations were not considered. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council approved agendizing the matter: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 12. Councilmember Rasch’s Request to Agendize a Discussion Regarding Instituting a No Smoking Policy in Multiunit Buildings (Not a Project Under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Approved for a future City Council agenda Councilmember Rasch gave a brief verbal presentation pursuant to the Council’s agendizing policy. Public comment was received from Tom Reeves, Mabel Lernoud, Lee Whitney, and Esther Malkin who spoke in favor of agendizing the item. 5  City Council Minutes February 18, 2025 On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council approved agendizing the matter: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 13. Councilmember Rasch’s Request to Agendize a Discussion Regarding Skyline Drive/Route 68 Interchange Safety Issues (Not a Project Under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Request withdrawn by requestor Councilmember Rasch gave a brief verbal presentation according to the Council’s agendizing policy. City Manager Uslar provided an update about the City's plans and funding for the requested study. Public comment was received from Tom Reeves, who had previously spoken in favor of agendizing the item. Based on City Manager Uslar's explanation, Councilmember Rasch withdrew her request. COUNCIL COMMENTS None made. CITY MANAGER REPORTS City Manager Uslar announced a Wildfire Ready Monterey town hall on February 27, 2025, and a Local Road Safety Plan community meeting on March 6, 2025. *** Adjourn to Closed Session *** Public comment on the closed session was received from Shay Balesteri of the General Employees of Monterey (“GEM”) labor group, who criticized the City’s management, alleging a lack of communication, disregard for laws and rules, retaliation against employees for union activities, and unwillingness to engage in meet-and-confer negotiations. The Council adjourned to closed session at 7:08 p.m. CLOSED SESSION 14. 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 February 4, 2025 Council Regular Meeting Action: By consensus, the Council gave confidential direction to their labor negotiator ADJOURNMENT The Council adjourned at 8:07 p.m. 6 City Council Minutes February 18, 2025 Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 7