City Council — 2024-01-09

public comments are related to our one agenda item the public employee appointment and public Appointment of public employment so with that we'll move on to public communications And I invite all of you to come back to the 23rd when we do have open public communication

It's my understanding that we have discretion. If you have just one representative to make a statement, we could see if the rest of the council would be willing to waive the normal protocol just for one speaker. Okay?

I would note, Mayor and Council that we would not be able to discriminate among speakers. The Brown Act is clear that the special meeting public comment is limited to what's on the agenda. The council does have the choice to open public comment to any matter within the city's power however it could not be only for one person. It would be opening it for anybody here who wishes to speak

And just some clarity on why we're having a special meeting this afternoon. As you know, we are looking for a permanent city manager so with the interim city manager and our city attorney, we scheduled this meeting because we had to schedule the interviews and also for our recruiter. Of course, this is a very important topic that we need to take care of in terms of city business So, of course I'd like to hear from Council. I would recommend per the suggestion of our City Attorney that we and per special meetings that we stick to the agenda and that we invite everyone because of course we want to hear from everyone in the community.

So we do have three public comments that I assume are on the agenda item, which we would of course like to take.

How long did the consent calendar even if we discuss it maybe 15 minutes?

Perhaps

faster,

it's

typically not a matter of discussion. So no matter if we as the council body decide to waive the protocol, the normal protocol, we would end at 445 sharp no matter what right?

That would be yes staff very very strongly recommends and no matter where we are hard stop 445 will return with whatever is not done after closed session but a hard stop before 45 to maintain the interview schedule

OK, no matter who's speaking or what else is happening. That's firm. That's legal for

absolutely legal if the council so approves of course that staff recommendation to the council and then take up everything after.

Yeah. So can we hear from council members in terms of procedure tonight? I would advocate that we stick to this special meeting protocols and take comments on the item and ask everyone to return.

On behalf of Gaza demand you hear our public comments

Council, council members?

I actually have a question for city attorney. How did we get to this special meeting or is that something that will come after the public comments because I was never approached about it. It was de facto done by the time I heard about it and I realized there are two ways according to the protocols that a special meeting can be convened. One is with the majority of the council and the other is by the mayor So I am a little bit confused as to how this occurred and a little bit concerned that it was de facto done.

I don't know who did that, so I don' t know if that's something that happens after we listen to public

comment. I'm happy to explain now.

Please do.

The mayor in consultation with myself and Mr. Alameda scheduled this as a special meeting in order to maintain the interview schedule for the permanent city manager candidates. That's perfectly lawful. The mayor has the power to call a special meeting and did so on my advice and on the advice of Mr. Alameda.

We, the people, on behalf of Gaza demand you hear our public comments!

So it's a council decision what to do. Let's hear from all council members?

I think I support the special meeting purpose that we're here for.

We, the people on behalf of Gaza demand you hear our public comments.

If you won't listen to anybody else speak why would we listen to you speak?

We, the people on behalf of Gaza demand you hear our public comments.

Councilmember Lange. I just want to say, um, I'm also in support of following the protocols and for the purpose of uh it's not fair. It's not listen I actually I hear you. It's not fair for one person or one group of people to have a voice when the rest of the community knows this is a special meeting and there aren't other voices represented. And so I'm going

to stand by that.

Councilmember rule I'm still stuck on how we're having a special meeting and we're not having so I have more questions for the city attorney About this, so we did not notice that we would not be having a regular meeting Is that correct? We we

did not incorrect. It's inherent in the noticing of this meeting is a special meeting That there would not be a regular meeting tonight

It's inherent. It's inherent meaning that it's understood or that is by law because it wasn't understood to me that that meant that a special meeting was being canceled.

It's inherent in the scheduling of a special meeting on this same day at the same time. It's

not the same time. Okay, I just want to recognize that I'm uncomfortable with this situation because you know Essentially it looks very bad It looks like we did not want to hear from these folks and or the pickleball folks That we did not want to sit here for three hours That's what it looks like now whether or not that is the case I don't know, but I would have liked to have been able to weigh in before it was de facto done because I've been getting comments from both groups as to why was this done.

Could I just like to remind the council and the community that we are on a time constraint in terms of hiring the best candidate for the city manager which is a very very important duty that we have. We the

people on behalf of Gaza demand you hear our

The concern was to maintain the schedule with the interviews. We have had a couple of candidates drop out already given the timing and we wanted to maintain the top tier pool we already had, hence the timing as on the table I recognize their concerns and that's understood But that was the basis for the timing nothing to do about right of a comment It was about the interview schedule,

right? And I just don't understand either or we had we had to cancel one in order to have the other We've had many special meetings You know same week so to me you know and people know that They know that we have had special meetings, so that falls a little flat as far as perception goes. But having been said the mayor and according to you by law not by protocol has the right to call a special

meeting? Absolutely! The protocols have nothing to do with it. State law guarantees the right of an elected mayor to call a special meeting at any time

So we have a council majority who would like to maintain the special meeting protocol. Mayor Pro Tem?

So my understanding is that when the closed session is over there is no There's a maybe an announcement, but there's no resumption of any Regular meeting. There's

no we would the plan is to return to if there's anything on the agenda That's not done at the time. We divert to closed session will pick that back up So that is always the intent is whatever's left on the agenda. That's not yet done We would pick back up after closed session. Absolutely

Okay, I got distracted for a moment. Sorry, I didn't see that. So can they speak at that point?

If the council majority opens the public comment beyond the minimums of state law then yes they could speak then It's up to the council majority to open public comment beyond the minimums of state law.

I'll just, I know I'm outnumbered. I would have been perfectly comfortable with a three minute statement and then anybody else that wants to make a statement, that's all fine with me as long as we get this done and as long as we end at 445. That's my opinion.

So, okay well we have a council majority who would like to stick to the

special.

We do have two or I'm sorry three public comments Leanna McNeely Bradley Smith and Robin Gerber

I'm

sorry, I couldn't hear that.

Mayor, those three public comment cards were attempting to speak on general public comment.

Okay. Do we have

any common cards on the agenda items?

Item one or two? Leanna or Bradley or Robin are these on the agenda items if you're here? Okay, Robin Gerber.

We the people on behalf of Gaza demand you hear our public comments.

We're going to take an adjournment and we will return.

Okay,

we are going to go directly to closed session. So thank you. We're going

to adjourn into closed session will be considering two items public employee appointment and Public employment for two position titles city manager an interim city manager the council will be entering interviewing candidates No reportable action is expected Thank You madam mayor adjourned a closed session Thank You

From closed session anything to report out. Mr. City Attorney

Yes Thank You madam mayor the city council met in closed session to consider one item public employee appointment and public employment For a city manager an interim city manager the council interviewed several candidates and took no reportable action Thank you.

Thank you. All right, we will move on to consent calendar is there a motion to approve? I will make a motion to approve. Second. All in favor? Aye. Okay, wonderful. We will move on to the remainder of public communications and just reminder that these are only on our agenda item, our closed session item so we have people on Zoom. If

you are attending on Zoom and wish to speak on a specific item on this special meeting agenda please raise your hand now. Last call. And we'll move on.

OK, all right. We will move on to future agenda items. Council?

Well, I'll start. And I think we all have had numerous requests for a special meeting on pickleball. I think that the last time it was at the end of the meeting, it was close to midnight and there were many people who stayed late. I mean, I have gotten a lot of requests. I think everyone here has gotten requests. A lot has changed and I think it's a deep issue And I think that we should have a special session for it so that it's not You know the 23rd is going to be jam-packed, and I don't know That you Know that it will be given the due consideration that I think it needs so a special meeting either needs to have the majority To incorporate. Into a decision making process I'd only make sense to do that so I don't know so I would like the council to vote on having a special meeting for pickleball and you know really bring it up for discussion because it was a very late meeting with a lot of issues I'm going to go ahead and make a motion on this item.

Two puts it on a future meeting. Three puts it on a specific date that we could call special meetings, so I would with that look to the rest of the council for thoughts regarding it. Looking at the calendar there's given that timing perhaps Monday the 22nd or next Monday is a holiday isn't it? You know gives it its own night And staff all note has no legal objections to a special meeting. We defer the council, of course.

Councilor? I would want to see what the new facts are before I would put it on for another meeting and I have no thought process one way or the other until I see you know what it is that we would be considering that is different than we considered when we voted.

So I would say that have you been? I have. Microphone, please. I'm sorry in sound mitigation. Alternatives but I also feel like this the the discussion at Abridged just simply because of the hour and that there was just simply because of the hour. It was almost midnight And people have been here since six So for no other reason than that and the number of requests that we have gotten I can't imagine That on any other topic with the number of letters and requests that we've gotten that we wouldn't reopen a question So it basically has, I don't want to be the person who tries to explain to you what is new about what has come up. But brand new paddles have been bought and implemented that all sound studies say are 50% less noise. They have a felt covering for all intents and purposes on the paddle.

So I'm going to go ahead and get started. Thank you very much. I just feel like the subject was never deeply spoken about and people didn't have time. That's my feeling on the matter, and I would like to make that request.

I'll second that for the purpose of... You know, I heard a lot of people talking about how they didn't feel like it was fair that we had the meeting so late and there were a number of people who didn't know that we were going to be voting on that. That it wasn't clear to people that that was going to be voted on, that we were gonna vote to close the courts. So I would second a special meeting.

Just to confirm Mr. City Attorney you need three council members who say we want this to be a special meeting correct?

Under the protocols, yeah we need three. Okay. Unless the mayor chooses on her own.

Well I would agree

with

Council Member Whitman and you know and I've heard the quieter paddles now apparently there's another paddle so I definitely would like to go out and see that. I'm not ready to schedule a special meeting

I've been working behind the scenes meeting with people, listening and you know looking at options but I'm not ready to hold a special meeting. But my question is if it Like how much notice do you have to give for a special meeting?

24 hours is the bare minimum by state law. We may wish to give more than the bare minimum for something of this critical community importance

and then when we had the meeting, it was not clear to me what actually happens at January 31st. The worst that could happen is You know, if there's some new really is some new information that comes to light and there's a reason to extend the time. It

will not be extended without a council vote to extend this.

OK.

Staff has clear direction.

But say only

the council can change that

direction once it's closed. Once it's closed. So there is new information which I have not yet heard. Can it be reopened?

Only if the council votes to reopen

it. So, okay

It has to be council decisions staff will not do anything other than what the council has directed Yes,

this is it just let me get this clear You're saying that if it closes on the 31st and then new information comes up it could reopen was that your question? so

you were Decides that there's enough information to warrant another look at this Then it can be reopened.

Why wouldn't the council do that prior to closing it just out of curiosity?

Yes, I I am doing my due diligence believe me and I do not I have not yet in my meetings with the you know Tim Kraut and I have not heard new information. I really haven't.

All right any other future agenda items?

So you said two votes puts it for a special meeting, not a date certain?

Two votes puts it on the future on the agenda in the hopper we have to it's in the hopper

There's nobody here who wants to give the pickleball folks a chance to come back up and actually show you the scientific data that says it's 50% quieter, and to show you the data that says that the cover of the paddle reduces the sound. And there's nobody that wants to do that? To give them a chance?

I would definitely like to go out again and hear it again, because I heard the choir paddles. And we

will do that. We're very open to meeting outside of this chamber and gathering any new information, listening, speaking to anyone. So

how does that happen since the count since People have requested both all council members come to hear a sound and that's not occurred. So, how does that happen?

Well we did here I've been once I will go again to hear the new paddles so moving forward

have you Councilman Whitman can't say not to

hear I don't think this is really This

is the proper time but I'll just say that I did. I was here last week and I did walk from the covered parking lot to the administrative offices and my understanding was that the new paddles were in use and I could hear them loud

and clear. OK all right well let's move on any other future agenda items from anyone? I would like to look at glue traps.

And then, okay now that my brain is on this again. Are we going to get an update on what's happening? Or do you need council direction to discuss the memorandum of understanding with the county and Slope Park? That's a big topic but it needs to be brought back at some point.

No, the council directed that it be reviewed by the Parks and Rec Commission in the February 23rd, 2023 meeting. I'm sorry, February 28th, 2023 meeting. It's still pending at the Parks and Rec Commission. They have been unable to meet given quorum issues at the last several months. At such time as the commission finishes this review that MOU would return to the council for further review and approval The council could take it back from the commission and consider itself if the council so chose that would have to be on set on an agenda as a future agenda item.

If we choose not to involve the park and rec, because it's-

Because they can't

meet.

They can't meet because there's not a full body or not enough of a

body. The previous council already have, there already is an MOU as my understanding.

That's not entirely accurate. The newspaper reporting left out some critical facts.

Okay.

The prior council back in December of 2022, the ad hoc committee received A draft MOU from the county. It had revisions from the version sent before by the city in October of 22. The draft in December of 22 had revisions from the county that had not been approved by the Board of Supervisors, but were approved by county staff. The ad hoc committee at that time of our two council members, Council Members Haney and Wyrick recommended that the council as a whole consider it and move it forward or not. That came to the new council in February 28th of 2023 The new councils directed referral of it to the Parks and Rec Commission for the Parks and Rec Commission to provide their input.

And that is where it is at the moment, so there was never a county approved MOU has never been voted on by the Board of Supervisors.

Okay, okay. I didn't realize it had to go before the Board of Supervisors. So...

Can I ask one clarifying question? I recollect that we voted to involve the Parks and Rec Committee but that we were basically giving staff authority, that we were bringing it under our purview along with staff. Is that...

When I took the minutes the other day, the reflection was that it was directed to the committee but I'm happy to review the tape. The minutes don't always capture everything.

Thank you. So I'll make a suggestion which is that we have Weston and Matt collaborate and Carl of course collaborate on Explaining to us the history of the MOU and where it is procedurally. Once I see all of that, I will definitely consider putting that on the calendar for us since Since the we I don't remember us sending it to the REC department, but since the REC department is not functioning You know mission not the Department

Commission Department of Staff. They're

doing that's correct. They're doing very well, right? And you know, I would I would also like in that to see I guess we'd get a staff report on the pros and cons of the MOU after we decided to put it on.

Yes, of course. So I can provide in the documents reflecting that what's happened so far that's easy and then council can decide from there

I actually have a quick question about process. We voted three to two to convene a pickleball stakeholders meet group of people with good intentions and whatever, whatever. That never happened. The city never convened that. What are the ramifications of that? In other words we instructed the city to convene that group and the city did not do that

I don't recall the council ever voted three to two to convene a pickleball stakeholders group. We definitely

did we absolutely did It was Andy Rachel and I with Sousa and Betsy voting now guaranteed

I'm happy to check that of course.

I you know do I remember it was the last time we talked about pickleball

although was that before the last vote to close the court which it was before it would be

it

was before direction may have been changed by the council

well You know, we directed staff to do something and staff did not do it. That was a decision this council made to attempt to come to a solution and a resolution that was agreeable to all. It never happened. So I'm just you know, we have dropped this ball many times. The MOU for Seoul is all about building pickleball courts yet it languished for over a year with no one caring right?

When we say what about the pickleballers why don't they do something? This council has taken responsibility a number of times and let, and just let it languish. And so I don't know why that would override that but it is important to point out that was a vote of this council to come to an agreeable solution with all parties And it did not happen.

So procedure doesn't, we made a decision later.

The most recent decision controls so the decision to close the courts controls but

nobody talked about that at that time people did talk about the pickleball community not rising to the occasion not mentioning the fact that the city has not risen to the occasion with their agreements And so I think that it's, sure. I mean and the MOU was meant to build, was meant to get pickleball courts if you read the MOU. It's dotted with we're gonna build pickleball courts, yet it sat for a year with nobody on this council caring.

Right so as you look at 200 people. And you decide that they don't have a voice or right to come and speak because that's essentially what you're doing that meeting was till midnight. That was it midnight that that item came up so. It's just you know this council would.

It's not. We're still on future agenda items.

Yeah, well you know I understand that we're still at future agenda items but we didn't have a regular meeting today and we voted to close the courts in six weeks with three of those weeks being Christmas and New Year's so as you start to look at the way the council has handled this.

This is just not on the agenda so we really should not be discussing this at all? Okay. Any other future agenda items from Council? No, okay. All right any other... Can we have a

special meeting on glue traps?

Okay any other comments? Thank you all for a productive meeting and we are adjourned.