Council Special Meeting

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, October 11, 2023 4:00 PM COUNCIL CHAMBER 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None City Staff City Manager, Assistant City Manager, City Attorney, Police Chief, Parks Present: and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Senior Accountant, Harbormaster, Environmental Regulations Manager CALL TO ORDER Mayor Williamson called the meeting to order at 4:00 p.m. City Clerk Klein called the roll and explained to the public how to participate in the meeting virtually. PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. PUBLIC APPEARANCE City Clerk Klein announced the procedures for making public comment as described in full on the Council agenda. 1. Adopt a City Council Policy on Governance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) - Tabled from September 27, 2023 meeting. Actions:  Reconsideration of Previous Council Decisions: On consensus, kept current policy: “Any Councilmember who voted with the majority may move for reconsideration of any action at the same meeting or at the next regular meeting. Any request for reconsideration at the next meeting must be made in writing, must set forth the reasons for the request, and be received by the City Clerk before the agenda deadline for the next scheduled meeting to ensure Brown Act compliance.”  Councilmember Interactions with Labor Unions When Negotiations are Pending: By a unanimous vote, adopted: “Councilmembers should avoid private conversations on labor contracts when negotiations are pending, and should disclose to the Council any discussions surrounding the negotiations.”  Ex Parte Contacts in Quasi-Judicial Proceedings: On consensus, kept current policy: "Councilmembers should avoid taking positions on issues that may come before them in their quasi-judicial capacity, until they have heard all the evidence and arguments at the public hearing on the issue."  Meeting Management: Remote Public Comments: On consensus, adopted the recently implemented model which identifies the number of persons wishing to speak at the beginning of each public comment period, and identifies a maximum time allotted for public comment (except in exceptional circumstances, when the governing board can adjust the amount of time allowed for public input or the time allotted for each speaker), and determined that the occurrence of a City Council Minutes October 11, 2023 disturbance via remote participation would automatically trigger City staff to agendize a discussion about remote participation at the next Council meeting.  Meeting Management: Public Comments for Items Not on the Agenda: On consensus, kept public comment on non-agendized matters in both the afternoon and evening sessions.  Meeting Management: City Council Comments: On consensus, kept Council Comments in its current position on the agenda. Assistant City Manager Rojanasathira gave the staff presentation, together with Human Resources Director Neal and City Attorney Davi, and answered Councilmembers' questions. Public comment in favor of keeping remote public comment was received from: Mike Brassfield, who said it allows people a voice when they can't physically attend a meeting; Bob Bluth, who suggested adding a video component to remote public comments; Rick Heuer, on behalf of the NCIP Committee, who said that the goal of engagement was to receive as much public input as possible; Esther Malkin, who urged the Council not to cave and said that hearing public comment was crucial to the public process; John Sovereign, who suggested that if a disturbance were to take place at a future meeting, the Council could temporarily invoke a suspension of remote participation; Nina Beety, who asked the Council to remove restrictions such as limitations on speaking time and hand raising opportunities and asked to keep non- agendized public comment in both the afternoon and evening; and Lorna Moffat, who asserted that due to the provisions of the Bagley Act, imposing time limits on public comments was illegal. The Council discussed the matters as follows: Reconsideration of Previous Council Decisions On consensus, the Council determined that it would continue with its current reconsideration policy, which members stated worked fine and was not often needed: “Any Councilmember who voted with the majority may move for reconsideration of any action at the same meeting or at the next regular meeting. Any request for reconsideration at the next meeting must be made in writing, must set forth the reasons for the request, and be received by the City Clerk before the agenda deadline for the next scheduled meeting to ensure Brown Act compliance.” Under this process, a motion to reconsider is agendized for the meeting following the meeting in which the decision was made. If the motion for reconsideration is granted, the item returns on a later date after publishing and mailing of notices, as may be applicable. Councilmember Interactions with Labor Unions when Negotiations Pending The Council discussed the matter, stating that the existing common practice was working, and that access to elected officials by the public was important. It was stated that communication relating to the contract under negotiation should be disclosed with the Council. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the Council adopted the following policy on Council Interactions with Labor Unions when Negotiations are Pending: that Councilmembers should avoid private conversations on labor contracts when negotiations are pending, and should disclose to the Council any discussions surrounding the negotiations: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 2  City Council Minutes October 11, 2023 Ex Parte Contacts in Quasi-Judicial Proceedings On consensus, the Council determined that it would continue with its current policy on Ex-Parte Contacts in Quasi-Judicial Proceedings, which states: "Councilmembers should avoid taking positions on issues that may come before them in their quasi-judicial capacity, until they have heard all the evidence and arguments at the public hearing on the issue." Meeting Management: Remote Public Comments The Council discussed the matter. Comments were made in favor of keeping remote access. It was stressed that it was important not to disenfranchise the public, and that people who would otherwise not be able to attend meetings were now able to participate through the provided remote access (Zoom). It was noted that participation in and connection to the community contributed to people’s quality of life. It was stated that the First Amendment allows speech, and that enforcing reasonable time limits as allowable by law was working. The suggestion of adding video was considered, and the Council determined that it would not be a good idea due to additional risks. The idea was posed that the Council could keep remote participation in either on-or-off mode at the discretion of the Mayor for up to 30 days. The Council and City Attorney Davi discussed the legal definition of a disruption. The Council expressed that the recently implemented test model was working well and it was stressed to the public that the Council had the ability to extend the amount of total speaking time as needed to receive appropriate public input for agenda items. On consensus, the Council determined that:  it would adopt the recently implemented model which identifies the number of persons wishing to speak at the beginning of each public comment period, and identifies a maximum time allotted for public comment (except in exceptional circumstances, when the governing board can adjust the amount of time allowed for public input or the time allotted for each speaker), and  the occurrence of a disturbance via remote participation would automatically trigger City staff to agendize a discussion about remote participation at the next Council meeting. Meeting Management: Public Comments for Items Not on the Agenda On consensus, the Council determined that it would keep public comment on non-agendized matters in both the afternoon and evening sessions, making no changes at this time. Meeting Management: City Council Comments On consensus, the Council determined that it would keep Council Comments in its current position on the agenda, making no changes at this time. 2. Receive Update on the 2023 City Staff Work Program (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) - Tabled from September 27, 2023 meeting. Action: Not heard 3. Provide Feedback and Direction on the 2024 City Council Workshop (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) - Tabled from September 27, 2023 meeting. Action: Not heard 3 City Council Minutes October 11, 2023 ADJOURNMENT The Council adjourned at 5:48 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 4