MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, November 1, 2022
4:00 PM
COUNCIL CHAMBER, 580 PACIFIC ST., AND ZOOM TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith, Williamson (arrived at 4:07 p.m.), Roberson
Absent: None
City Staff
Present:
City Manager, Assistant City Manager, City Attorney, Community Development Director, Parks and Recreation Director, Finance Director, Fire Chief, Public Works Director, City Clerk, Property Manager, Building Official, Associate Civil Engineer, Cemetery Coordinator, Police Lieutenant, Sustainability Coordinator, Senior Accountant, Senior Engineer, Deputy Human Resources Manager, Harbormaster
***Afternoon Session Agenda Only***
This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-134 C.S.
CALL TO ORDER
City Clerk Klein explained to the public how to participate in the meeting virtually and the safety rules for in-person attendance. She called the roll with Councilemmbers Albert, Haffa, and Smith and Mayor Roberson present in the Council Chamber, and Councilmember Williamson absent. Councilmember Williamson arrived in the Chamber at 4:07 p.m.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
PUBLIC COMMENTS
Public comment on non-agendized matters was received from: Peter Skinner, Bob Faulis, Marlana Brown, Nina Beety, and Esther Malkin. Several individuals spoke on the closed session items, as reflected in that section of these minutes.
CONSENT ITEMS
Public Works Director Renny answered Councilmembers' questions on Item 2, and Sustainability Manager Terrasas answered Councilmembers' questions on Item 5.
Public comment on the Consent Items was received from Nina Beety, who spoke regarding Item 8, requesting that the City require a plan to be submitted before action is taken on this proposal, stating that projects outlined in the agenda report will affect the environment, and that understory "fuel" is habitat.
City Council Minutes November 1, 2022
2 On a motion by Councilmember Haffa, seconded by Councilmember Albert, 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
1. October 18, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Approved
Award of Construction Contracts
2. Award a Construction Contract in the Amount of $3,248,666 to Precision Grade, Inc. for the Marina Parking Lot Improvement Project (CIP2005) (Exempt from CEQA, Article 19, Section 15302, Class 2) ***CIP***
Action: Adopted Resolution 22-142 C.S.
Ordinances
3. 1st Reading by Title Only of an Ordinance to Repeal and Replace Sections 9-0.1, 9-0.2 and 9-2 of Chapter 9 and Sections 13-0.1, 13-0.2, and 13-0.3 of Chapter 13of the Monterey City Code, Amending Chapters 9 and 13, and Adopting the 2022 California Building Standards Code, including the 2022 California Building Code and Appendices H, I, and J, the 2022 California Historic Building Code, the 2022 Existing Building Code, the 2022 California Residential Code, the 2022 California Plumbing Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Green Building Standards Code, the 2022California Fire Code, the 2022 California Energy Code, and the 2021 International Property Maintenance Code (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Passed Ordinance to Print
Resolutions
4. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period November 4, 2022 through December 1, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Adopted Resolution 22-143 C.S.
5. Adopt a Resolution to Execute a Memorandum of Understanding (MOU) for FY 2022-2023 Between the Monterey Regional Waste Management District (MRWMD) and Member Agencies Regarding Compliance with Senate Bill 1383 and Authorize the City to Pay Up To $65,377.04 to the MRWMD (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution 22-144 C.S.
City Council Minutes November 1, 2022
3 6. Adopt Resolution Ratifying the Purchase of 565 English Avenue #5 and Adding the Unit to the City’s Affordable Housing Inventory (Not a Project Under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution 22-145 C.S.
7. Accepting the Transfer of the Property Located at 300 Pacific Street from the Successor Agency of the Redevelopment Agency of the City of Monterey to the City of Monterey and Take Related Actions (Exempt from CEQA Section 15061(b)(3))
Action: Adopted Resolution 22-146 C.S.
8. Award a Professional Services Agreement in an amount not to exceed $99,597.50 for the development of a Community Wildfire Protection Plan (CWPP) to Dudek, authorize a 10% contingency, and authorize the City Manager to enter into an agreement with the cities of Pacific Grove and Carmel-by-the-Sea to share in the cost of the CWPP. (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Adopted Resolution 22-147 C.S.
9. Authorize the City to Buyback Eight (8) Cemetery Lots in the Amount of $20,234 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution 22-148 C.S.
*** End of Consent Agenda ***
PUBLIC APPEARANCE
10. Receive a Report and Provide Direction to Staff on the Process for Filling the City Council Vacancies (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) / Recibir un informe y proporcionar instrucciones al personal sobre el proceso para llenar las vacantes del Consejo Municipal (No es un proyecto bajo CEQA según el Artículo 20, Sección 15378 y la Regla General, Artículo 5, Sección 15061) Action: Directed staff to open an application process, consisting of an application based on the current board and commissions application (modified to reflect the Council vacancy, including outside appointment responsibilities), and including the requirement to collect twenty (20) nominating signatures of registered voters living in the City of Monterey at-large, and to present the qualified applications to the newly seated Council in December for consideration and interviews
City Clerk Klein made the staff presentation and answered Councilmembers' questions.
Public comment was received from: Kent Glenzer, who urged the Council to form an ad hoc citizens committee to fill the vacancy; Esther Malkin, who echoed Mr. Glenzer's comments and encouraged the Council to appoint someone from an area not yet represented as a district; Jean Rasch, who agreed with the concept of putting the decision out to the community or suggested that alternatively the new Mayor should appoint; and Tom Rowley, who echoed Ms.
Malkin's suggestion regarding the need for representation and asked the Council not to complicate the process.
The Council discussed the matter and considered the various options before them. It was noted that ideally, a matter like this would go to the voters in an election, but that the Charter's requirements are clear and that the Charter-imposed timeline is tight for the Council to appoint to fill the vacancy. The Council expressed a preference for staff's "option A," whereby an application process would be opened immediately upon the November 9, 2022 date of the vacancy, enabling the newly seated Council in early December to have a more reasonable City Council Minutes November 1, 2022
4 amount of time to evaluate applicants and appoint prior to the December 19, 2022 deadline (after which the Mayor would appoint, per Charter section 2.5). It was expressed that requiring signatures as is done in the elective candidacy process would show a level of commitment from the applicants.
On consensus, the Council determined that it was not necessary to appoint to fill the vacancy left by Councilmember Williamson, as it would be filled in a few weeks' time by unopposed District 1 candidate Dr. Kim Barber. It was noted that it would be appropriate for Dr. Barber to begin her elected position in the ceremonial way on the special night of the election certification and swearing-in.
A motion was introduced by Councilmember Haffa, and seconded by Councilmember Smith, to direct staff to open an application process, consisting of an application based on the current board and commissions application (modified to reflect the Council vacancy, including outside appointment responsibilities), and including the requirement to collect twenty (20) nominating signatures of registered voters living in the City of Monterey at-large, and to present the qualified applications to the newly seated Council in December for consideration and interviews.
The Council discussed the motion. It was noted to the public who had asked for a citizen committee that the Charter does not allow that as an appointment method and that this process is normalized to be similar to what the elected Councilmembers and Mayor undertaken done in the process to become elected. It was stated that a two-year term is a significant and serious appointment to make and that the Council desired to make the process as similar to the elective candidacy process as possible.
Assistant City Manager Rojanasathira stated that staff, in coordination with City Attorney Davi, suggested an application deadline of November 28, 2022 at 12 p.m. noon, and the Council agreed on consensus.
The motion carried by the following vote:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
COUNCIL COMMENTS
Councilmember Smith shared anecdotes of his recent attendance with Councilmember Albert of the Rock and Rod car show. He reported from a recent Transportation Agency for Monterey County (TAMC) board meeting and stated that an Environmental Impact Review (EIR) process was underway that would impact and improve highways 68, 156, and 101, funded in part by Measure X, State funding, and grants.
Councilmember Williamson reported from a recent Monterey One Water (M1W) meeting, explaining that M1W was moving forward with bids for the construction of the Pure Water Monterey expansion project. He said that approval from CPUC was expected later in the week and bids may be released within the month.
Councilmember Albert shared more information on the Rock and Rod show, explaining that it raises funds for the nonprofit Gateway Center in Pacific Grove. He stated that he attended City Council Minutes November 1, 2022
5 Monterey Peninsula College's 75th Anniversary event. He asked to close the meeting in memory of Robert Reid, former City Forester.
Councilmember Haffa encouraged everyone to exercise their right to vote.
CITY MANAGER REPORTS
City Manager Uslar shared that a new holiday event page and a page helping Ukrainian residents and refugees had gone live on the City website. *** Adjourn to Closed Session (See additional agenda) *** Public comment on closed session items was received from: Mike Clancy, Citizens Climate Lobby of Monterey County, who spoke in favor of placing Tesla supercharger stations at the Wharf parking lot; Chris Shake, Wendy Brickman, Fisherman's Wharf Association, and Tom Rowley, all of whom spoke against putting chargers at the Wharf due to the location; and Esther Malkin, who cited concerns relating to Tesla ownership and elitism while others struggle.
The Council adjourned to closed session at 5:36 p.m. in memory of former City Forester Robert Reid.
ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: S/E Corner of Waterfront Parking Lot
Agency Negotiators: Janna Aldrete
Negotiating Parties: John Lord (Tesla, Inc.)
Under Negotiation: Price and Terms of Payment for New License Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a roll-call vote of 3-2 (Councilmembers Albert and Smith voting no), the Council gave confidential direction to its real property negotiator cs2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal and Gina Russo; Monterey Fire Fighters Association (MFFA) and Police Lieutenants' Management Association (PLMA) (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 Council gave confidential direction to labor negotiators
ADJOURNMENT
The Council adjourned at 6:43 p.m.
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor