Council Special Meeting

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, July 23, 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, City Clerk, Housing Manager AFTERNOON SESSION Call to Order Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein called the roll with the Council present as indicated above. Pledge of Allegiance - Councilmember Barber led the Pledge. Afternoon Session Items Public Appearance (Afternoon) 1. Amend and Resubmit to the U.S. Department of Housing and Urban Development (HUD) the Draft Fiscal Year 2025-2029 Consolidated Plan and Draft Fiscal Year 2025-2026 Annual Action Plan for the Community Development Block Grant Program to comply with Federal Executive Orders and Authorize the City Manager to Make Administrative Changes Requested by HUD (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class 1, 15306, Class 6 and 15326, Class 26). Action: Adopted Resolution No. 25-076 C.S. Housing Manager Wyatt gave a verbal staff presentation. Public comment was received from Esther Malkin, who expressed dismay over the need to remove equity statements from the document and stating that it was ironic and a step backward considering the other efforts the City had been making toward diversity and inclusion. The Council briefly discussed the matter. It was stated that compliance with the federal government was important but that it was sad to see the City take this step. It was remarked upon that HUD was manipulating the principle of non-discrimination by invoking it while requiring the removal of diversity references from the plan. It was emphasized that equity and diversity were about fairness, and it was stated that the Council hoped for unity rather than division moving forward. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 25-076 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None)  City Council Minutes July 23, 2025 2. Receive Updates and Provide Guidance on Matters Relating to Boards, Commissions, and Committees: (1) Governance Policy Changes that Will Provide for a Mayor/Vice Mayor Subcommittee to Interview and Nominate Applicants, (2) Process for Dissolving the Architectural Review Committee, (3) Potential Combination of the Historic Preservation Commission with the Museums and Cultural Arts Commission, and (4) Potential Term Limits for Members of Boards, Commissions, and Committees (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Directed staff to: Proceed with bringing the Governance Policy update forward on August 5, 2025 (consensus); Proceed with dissolving the Architectural Review Committee and consolidating its duties and powers to the Planning Commission (5-0); and Draft legislation establishing 12-year term limits for boards, commissions, and committees, with the condition that incumbents could continue serving if no other qualified residents applied (3-2, Councilmembers Rasch and Smith voting no); And received report on potential combination of the Historic Preservation Commission with the Museums and Cultural Arts Commission City Clerk Klein gave a verbal staff presentation and answered Councilmembers' questions, with additional input from Community Development Director Cole and City Attorney Davi. Public comment opposing term limits was received from: Curt Tipton, an unidentified man, Marta Kraftzeck, Pat Venza, and Mike Brassfield, with reasons cited including that the interview and appointment process already allowed the Council to limit members' service, that finding sufficient volunteers could be difficult particularly in specific Neighborhood and Community Improvement Program (NCIP) neighborhoods, that it was risky to lose good experienced members, that continuity and experience were important, and that while it was important to have fresh new thoughts it should not be at the expense of losing an experienced member just because of a term limit. Comment in favor of term limits was received from Esther Malkin, who suggested a caveat allowing incumbents to continue to serve if there were no other qualified applicants. Tom Reeves echoed concerns that had been expressed about term limits but agreed that Ms. Malkin's suggestion was appropriate if term limits were approved. Nancy Soule suggested that the application for NCIP Committee positions include specific NCIP-related questions. Nina Beety opposed combining the Architectural Review Committee and Planning Commission, citing concern that state mandates and streamlining were stripping local jursidictional authority. The Council took up the four components of the matter individually. 1. Governance Policy Changes that Will Provide for a Mayor/Vice Mayor Subcommittee to Interview and Nominate Applicant. On consensus, the Council agreed that the draft policy as proposed should come forward for their approval on August 5, 2025. 2. Process for Dissolving the Architectural Review Committee (ARC). The Council stated that this would be beneficial, and that they looked forward to learning more about various intricacies of the consolidation of the ARC to the Planning Commission. It was stressed that the Planning Commission should have members with architectural expertise. On a motion by Councilmember Smith, seconded by Councilmember Garcia, and carried by the following vote, the City Council directed staff to move forward with dissolving the Architectural Review Committee and consolidating its duties and powers to the Planning Commission: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) 2  City Council Minutes July 23, 2025 3. Potential Combination of Historic Preservation Commission (HPC) with the Museums and Cultural Arts Commission (MCAC). The Council stressed that they were curious to hear from staff if the combination was even possible, citing concern about Mills Act review, HPC statutory requirements, and skills and abilities of the two bodies. Staff was encouraged to be creative around finding solutions for greater efficiency. Assistant City Manager Rojanasathira noted that staff would bring the matter back to the Council with ideas but that there was no urgency on this item. 4. Potential Term Limits for Members of Boards, Commissions, and Committees In opposition to term limits, it was stressed by the Council that the current process already provided a form of term limits through the four-year review and reappointment process, and gave the Council the most options to select the best volunteer for each position and ensure continuity. Concern was expressed about the difficulty of finding volunteers under a term limit system, citing economic restraints, and about the potential loss of experienced individuals. The importance was emphasized of retaining experienced members and ensuring members' competence, skills, and abilities. It was highlighted that when necessary, the Council had the authority to address a member's performance issues or attendance concerns mid-term. It was stated that there had been no evidence presented that there was any problem requiring the addition of term limits. In favor of term limits, it was stated that the concept was not intended to remove members but rather to create a space and opportunity for civic participation. It was stressed that there needed to be a balance between retaining knowledge and getting innovative, new voices.The need to retain knowledge and expertise was acknowledged, but it was stated that the Council should not close the opportunity for people who want to be involved in their community just because they did not have the specific knowledge required to participate. It was stated that board vacancies did not relate to term limits but rather to engagement, which it was stated was a priority. It was noted that the upcoming First City Academy provided an opportunity to recruit for City boards and commissions. The importance was highlighted of having a structured system in place. Comparisons were made between the current discussion and ballot Measure X regarding Mayor and Council term limits at the 2024 election, and it was noted that 80% of Monterey voters had voted in favor of term limits for the Mayor and Council. It was stated that term limits would create more of a community opportunity to uplift people and that Monterey had plenty of intelligent people able to step up and serve well in these roles. It was suggested to adopt a 12-year term limit policy similar to the Council's, with the condition that incumbents could continue serving if no other qualified applicants came forward. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following vote, directed staff to draft legislation establishing 12-year term limits for boards, commissions, and committees, with the condition that incumbents could continue serving if no other qualified residents applied: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Rasch, Smith 3. Authorize the Mayor to Sign a Letter and Submit Public Comment to the California Public Utilities Commission (CPUC) to Reconsider the Long-Term Water Demand Forecasts in the Proposed Decision for Application 21-11-024 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Continued to August 5, 2025 Mayor Williamson stated that the CPUC meeting in question had been postponed until mid- August, and suggested pushing the discussion of the letter to the August 5, 2025 Council meeting to allow more time for public feedback and input. 3  City Council Minutes July 23, 2025 Public comment was received from Daniel Armendariz, who expressed gratitude that the Council continued to pay attention to and take action on water issues. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following vote, the City Council continued the matter to August 5, 2025: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) Adjourn to Closed Session Public comment on the closed session was received from Nina Beety, who criticized the City Manager's performance and made allegations across a broad set of categories including management, public process, and transparency. During public comment, Councilmember Barber left the Chamber from 5:27 to 5:29 p.m. Closed Session (Afternoon) 4. Public Employee Performance Evaluation pursuant to Government Code section 54957(b)(1): City Manager (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, "the City Council, regrettably, accepts the December 30, 2025 resignation/retirement of City Manager Hans Uslar." 5. Conference with Legal Counsel, 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. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649) 4. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540) 5. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) 6. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206) 7. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) 8. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015) 9. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427) 10. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court Case No. 24 CV005125) 11. Ruttschow v. City of Monterey (Workers' Compensation Appeals Board Case Nos. ADJ17283108, ADJ1491826) 12. Silva v. City of Monterey (Workers’ Compensation Appeals Board Case No. Case No. ADJ17523531) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4  City Council Minutes July 23, 2025 Action: On a unanimous roll call vote of 4-0-1 (with Councilmember Barber absent), the matter was continued to August 5, 2025 Adjournment The Council adjourned at 6:04 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 5