MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, February 1, 2022
4:00 PM 7:00 PM
ZOOM TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith, Williamson, Roberson
Absent: None
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Community Development Director, Public Works Director, Parks and Recreation Director, Finance Director, Human Resources Director, Fire Chief, Library Director, City Clerk, Deputy Human Resources Manager This meeting was held with teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C), and Resolution No. 22-008 C.S. ***Afternoon Session Agenda ***
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually via Zoom teleconference.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge. City Clerk Klein called the roll with the full Council in attendance by teleconference.
PUBLIC COMMENTS
Non-agendized public comment was received from Nina Beety.
PUBLIC APPEARANCE
1. Appoint Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations with General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Appointed Labor Negotiators Allyson Hauck and Gina Russo City Manager Uslar stated that the scheduled closed session would not be heard due to the City not having received a proposal that staff had expected to receive. Human Resources Director Hauck gave a very brief update on upcoming negotiations.
City Council Minutes February 1, 2022
2 On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council appointed Labor Negotiators Allyson Hauck and Gina Russo:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
RECESS
The Council recessed at 4:12 p.m.
RECONVENE
*** Evening Session Agenda ***
The Council reconvened at 7:03 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually and called the roll with the full Council present by teleconference.
ANNOUNCEMENTS FROM CLOSED SESSION
Mayor Roberson announced that the scheduled closed session was not held.
PUBLIC HEARING (EVE)
2. Fourth Public Hearing for the Transition from At-Large Elections to By-District Elections for Monterey City Council Members: Introduction and First Reading by Title Only of an Ordinance Establishing and Implementing By-District Elections for Members of the City Council with an Elective Mayor (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Cuarta Audiencia Pública para la Transición de las Elecciones Generales a las Elecciones por Distritos para los Miembros del Concejo Municipal de Monterey: Presentación y primera lectura, sólo por el título, de una ordenanza que establece e implementa las elecciones por distritos para los miembros del Concejo Municipal con un Alcalde Electivo (no es un proyecto de acuerdo con la CEQA según el artículo 20, sección 15378 y según el artículo 5, sección 15061 del reglamento general) Action: Passed ordinance to print as presented, with the Dolphin map and election sequencing of Districts 1 and 2 in 2022 and 3 and 4 in 2024 (3-2, Councilmembers Haffa and Williamson voting no)
Assistant City Manager Rojanasathira gave the staff presentation about the California Voting Rights Act (CVRA) and the City's districting process to date, and answered Councilmembers' questions. During the presentation, on question it was confirmed by Access Media Productions (AMP) that the live broadcast was functioning properly.
Public comment was received from: Kathie, who asked whether the League of United Latin American Citizens (LULAC) had approved of the Council's sequencing decision; Jean Rasch, who expressed disappointment in the selected map and election sequence, and stated that the Dolphin map lacked compactness and contiguity; Robert Yoha, who spoke in support of the selected map and election sequence, and said that it will allow the North Fremont area sufficient time to find a good candidate; Mike Brassfield, who echoed Mr. Yoha's statements and said that the extra two years to find a candidate, and the benefit of the turnout associated with a City Council Minutes February 1, 2022
3 Presidential election, would be beneficial to the City's Hispanic voters; Esther Malkin, who expressed concern about the working class district that has never had representation having to wait two years to put forward a candidate; and Richard Ruccello, who spoke in favor of the selected map and election sequence, and said that the high voter turnout associated with the Presidential election would give his end of town an appropriate advantage in 2024.
On question, Assistant City Manager Rojanasathira explained that Andrew Sandoval, LULAC, had clarified that he had provided his personal thoughts in recent correspondence, and that the LULAC board had not stated a formal position.
The Council expressed discomfort about the districting process and reiterated that the process was imperfect and had been instigated and rushed due to the threat of legal action. It was stressed that the selected sequencing would ensure that voters would elect Councilmembers and that no positions would be required to be appointed by the City Council. It was stated that the comments from the public at this public hearing did not reflect any new viewpoints. It was stated that residents of the downtown and lower Old Town areas in the Dolphin map District 2 would be forced into a district that otherwise constituted a different community of interest. It was stated that the districts that would lead to people of color or renters being represented would be Dolphin Districts 1 and 4.
On question, City Attorney Davi stated that every voter in every district, whether represented by an at-large Councilmember or district Councilmember for the period of 2022-2024, would have representation and there would be no district with no representation. She clarified that the findings prepared for the draft ordinance could be modified by the Council before final adoption if desired.
The Council continued to discuss the matter. A preference was expressed for the Abalone map, citing that it would have concentrated renters in two districts with higher percentages of renters.
A concern was expressed about the Abalone map, citing that it would split the North Fremont area which had never had a resident elected. A preference was stated for increasing the likelihood that disadvantaged communities could elect a voter of their choice. It was urged that the Council think about ways that the City could work to hear from a broader variety of resident voices. It was stressed that the Council had received a lot of public feedback including draft maps and public speakers. It was stated that Councilmembers will continue to be City-focused and not district-centric. In favor of the Dolphin map, it was stated that District 2 (previously labeled "D") would represent more renters and equalize the neighborhood. It was expressed that having District 4 (previously labeled "C") sequenced for the 2022 election would be preferable to the selected sequence. It was stated that part of the need for representation in the North Fremont area was due to the heavy renter population and that a district with a larger percentage of renters would best serve that goal. It was noted that residents of the CasanovaOak Knoll neighborhood had expressed a preference for the Dolphin map that would not separate them from the rest of the east side of town.
On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council adopted the Dolphin map:
AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson
NOES: 2 COUNCILMEMBERS: Haffa, Williamson
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
City Council Minutes February 1, 2022
4 The Council discussed sequencing. A preference was expressed for putting District 4 on the ballot in 2022 and giving that part of town representation sooner.
A motion was introduced by Councilmember Haffa to sequence Districts 2 and 4 for the 2022 election, and Districts 1 and 3 for the 2024 election. This motion died for lack of a second.
A motion was made by Councilmember Smith, and seconded by Councilmember Albert, to sequence the districts as presented in the draft ordinance: Districts 1 and 2 for the 2022 election, and Districts 3 and 4 for the 2024 election.
The Council discussed the motion. It was stated that there would be a lot of energy at the November 2024 election, with new opportunities for representation in the new districts, and that sequencing districts 3 and 4 for 2024 would give the residents adequate time to find suitable candidates. It was stated that critics could question the wait for district-specific representation, but it was noted that the nomination period for the November 2022 election was in five months which would mean less time to find suitable candidates.
A substitute motion was introduced by Councilmember Williamson, and seconded by Mayor Roberson, to sequence Districts 2 and 3 for the 2022 election, and Districts 1 and 4 for the 2024 election. Assistant City Manager Rojanasathira stated that the substitute motion could result in a Council appointment. It was stated by Council that the substitute motion's potential scenarios (appointments, or additional representation in District 3) would add a degree of complexity and confusion and go against what the Council was trying to achieve. Mayor Roberson withdrew his second from the substitute motion. A new second did not come forward and the mover withdrew the substitute motion.
A substitute motion was introduced by Councilmember Albert, and seconded by Councilmember Haffa, to sequence Districts 2 and 4 for the 2022 election, and Districts 1 and 3 for the 2024 election. It was stated that this was the motion that had lacked a second earlier in the discussion. This substitute motion was withdrawn by the mover.
The motion by Councilmember Smith, and seconded by Councilmember Albert, to sequence the districts as presented in the draft ordinance: Districts 1 and 2 for the 2022 election, and Districts 3 and 4 for the 2024 election, passed by the following roll-call vote:
AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson
NOES: 2 COUNCILMEMBERS: Haffa, Williamson
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Council recessed at 8:48 p.m. and reconvened at 9:01 p.m.
CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from Lorna Moffat.
City Council Minutes February 1, 2022
5 CONSENT ITEMS
Public comment on the Consent Items was not received.
On a motion by Councilmember Albert, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
3. January 18, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061); Aprobación de Actas - 18 de enero de 2022 Reunión del Consejo Municipal de Monterey (no se trata de un proyecto sujeto a la CEQA según el artículo 20, sección 15378 y según la regla general, artículo 5, sección 15061) Action: Approved
Resolutions
4. Authorize the City Manager, or His Designee, to Enter into an Operational Agreement with the YWCA of Monterey County to Provide Human Trafficking Victim Assistance (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 22-012 C.S.
Other
5. Receive the 2021 Healthy Eating Active Living (HEAL) Annual Report (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received
*** End of Consent Agenda ***
COUNCIL COMMENTS
Councilmember Albert spoke about a joint project between the Monterey Regional Waste Management District (MRWMD) and Monterey One Water (M1W) to use energy generated by landfill gas to run portions of the Pure Water Monterey system. He reminded the public that food waste should be put in residents' green waste bins due to Senate Bill 1383.
Councilmember Smith acknowledged Mary Adams, the new chair for Transportation Agency for Monterey County (TAMC), and said he would continue to serve on the TAMC board as the past chair and on its executive committee. He said he is looking forward to volunteering at the AT&T Pro-Am golf tournament. He congratulated the Council on making it through the districting process and caring about the community, and complimented City staff on their excellent work.
Councilmember Williamson provided an update on the M1W Pure Water Monterey project and the California Public Utilities Commission (CPUC) approval process pursuant to Cal Am's City Council Minutes February 1, 2022
6 application for approval of the expansion. He shared an image of, and positive feedback about, the MRWMD/M1W shared energy microgrid.
Mayor Roberson explained that the Monterey Peninsula Water Management District (MPWMD) has undertaken a legal exploration of the recent Monterey County Local Agency Formation Commission (LAFCO) decision, and reported on the status of MPWMD's redistricting process.
CITY MANAGER REPORTS
City Manager Uslar remarked on the beginning of Black History Month and explained that the theme for this year was Black health and wellness. He made celebratory remarks relating to the start of the Chinese New Year.
ADJOURNMENT
The Council adjourned at 9:22 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor