Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 21, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST., MONTEREY, CALIFORNIA AND REMOTE LOCATION: 4 FEEDER DAM RD. SOUTH GLENS FALLS, NEW YORK Councilmembers Present: Barber, Garcia*, Haffa, Smith, Williamson** Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) ** Attended remotely by teleconference pursuant to Gov. Code sec. 54953(b) City Staff City Manager, Assistant City Manager, City Attorney, Community Present: Development Director, Police Chief, Parks and Recreation Director, Finance Director, Fire Chief, Human Resources Director, Library & Museums Director, Public Works Director, City Clerk, Environmental Regulations Manager, Deputy Public Works Director/City Engineer, Associate Planner, Engineering Assistant, Deputy Human Resources Manager, Parks Operations Manager, Planning Manager, Lieutenant TELECONFERENCE NOTICE This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Gov. Code §§ 54953(b) and 54953(f)(2)(A). CALL TO ORDER Vice Mayor Haffa called the meeting to order at 4:01 p.m. He announced that Mayor Williamson was participating by teleconference and that Councilmember Garcia would also request to participate remotely. City Clerk Klein called the roll with the Council present as indicated above. She provided instructions on how to access the meeting agenda in order to participate remotely. Mayor Williamson confirmed that he could hear the meeting proceedings, had posted the agenda 72 hours prior to the meeting at the teleconference location listed above, and was providing public access from the same location, pursuant to GC 54953(b)(3). He stated that no member of the public was present with him at the teleconference location wishing to speak. ***Afternoon Session Agenda *** EMERGENCY CIRCUMSTANCES REMOTE PARTICIPATION REQUEST 1. Approve Councilmember Garcia's Emergency Circumstances Remote Participation Request (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15601) Action: Approved teleconference request Councilmember Garcia confirmed that he could hear the meeting proceedings, and gave a brief description of the circumstances relating to his need to appear remotely pursuant to the "Emergency Circumstances” clause, stating he was caring for his ill father in Southern  City Council Minutes November 21, 2023 California. He stated that no one over the age of 18 was present in the room with him during the meeting. Public comment was not received. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following roll call vote, the City Council approved Councilmember Garcia's emergency circumstances remote participation request: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PRESENTATIONS 2. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Presented proclamations and recognized Sergeant Alexsis Velazquez-Morrow and Private First Class Pearce Alonzo Vice Mayor Haffa recognized Sergeant Alexsis Velazquez-Morrow (U.S. Marine Corps) and Private First Class Pearce Alonzo (U.S. Army 229th Military Intelligence Battalion), who each made brief remarks and received their proclamations. Public comment was not received. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Chandler Roland, Michele Pearce, Jean Rasch, Shay Balesteri, and Peter. CONSENT AGENDA Item 5 was pulled from the Consent Agenda, and it was requested to amend the November 7 minutes (Item 3) by replacing the words "the Council" with "a Councilmember" in the second-to- last paragraph of the vehicle storage facilities matter. Public comment on the Consent Agenda was not received. On a motion by Mayor Williamson, seconded by Councilmember Smith, and carried by the following roll-call vote, the City Council approved the CONSENT AGENDA except Item 5, and making an amendment to Item 3: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Approval of Minutes 3. November 7, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved as amended 2  City Council Minutes November 21, 2023 Award of Construction Contracts 4. Award a Construction Contract in the Amount of $258,310.00 to Coastal Paving & Excavating, Inc., for the Citywide Curb Ramp Project, Phase 7 (Exempt from CEQA, Article 19, Section 15301, Class 1) ***CIP*** Action: Adopted Resolution No. 23-138 C.S. Ordinances 5. 2nd Reading of an Ordinance to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District; Exempt from CEQA per Public Resources Code Section 21083.3 and State CEQA Guidelines Section 15183 Action: Pulled from Consent; Adopted Ordinance No. 3674 C.S. (4-1, Councilmember Smith voting no) Public comment was received from Jhonrico Carr, who addressed the social equity component of the proposed retail cannabis program and stated he felt he had not received equal treatment when compared to the organizers of the California Roots festival; and Anthony Gonzales, who encouraged prioritizing local ownership and operation of retail cannabis facilities. The Council discussed the matter briefly. It was stated that the intent behind approving the California Roots and Rebels and Renegades festivals was that the event organizers had worked successfully with the City and the Police Department in past years, so were seen as a good starting point for beginning to allow cannabis at events, but that the selection of those two events did not mean there could not be more events added to the retail cannabis program in the future. On question, Assistant City Manager Rojanasathira stated that the application process and draft applications would be presented at the December 5, 2023 Council meeting. He said that feedback could be shared on the process and criteria by viewing the cannabis page on HaveYourSayMonterey.org or emailing cannabis@monterey.org. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following roll call vote, the City Council adopted Ordinance No. 3674 C.S. to Amend the City Zoning Ordinance to Authorize and Regulate a Limited Number and Type of Cannabis Businesses and Rezone Multiple Parcels to Include a Cannabis Business Overlay District: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 6. 2nd Reading of an Ordinance to Rezone 581 Larkin Street from R-3-6 to R-3-6-H-2 as a City Historic Resource and Authorize a Mills Act Contract (Property Tax Savings Program for Historic Structures) (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Adopted Ordinance No. 3675 C.S. 7. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code section 19-103, the Schedule of Fees and Services Charges, to Fully Recover the Cost of Administering the Cannabis Business Ordinance and Rental Inventory Ordinance (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Waived full reading and passed ordinance to print by title only 3  City Council Minutes November 21, 2023 Resolutions 8. Approve the Implementation of a Service Fee Policy for Credit/Debit Card Service Fees on Certain Eligible Transactions (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-139 C.S. 9. Award a Contract for Budget Software and Implementation Services to OpenGov, Inc. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-140 C.S. 10. Appropriate Opioid Litigation Settlement Funds to the Police Department Budget to Support the Homeless Navigator Position (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-141 C.S. 11. Authorize an Agreement with Monterey Signs to Provide Event-Driven Printing and Signage Services at the Monterey Conference Center as a Preferred Provider, Effective December 1, 2023 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-142 C.S. 12. Amend Resolution 23-067, Changing the Position Control List by Adding One (1) Full-Time Facility Attendant and Removing One (1) Regular Part-Time Facility Attendant in the Monterey Conference Center (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-143 C.S. *** End of Consent Agenda *** PUBLIC APPEARANCE 13. Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain (Not a Project Under CEQA, per Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Continued from November 7, 2023 Action: Adopted Resolution Nos. 23-144 and 23-145 C.S. as amended Human Resources Director Neal gave a verbal staff presentation and explained that an amendment to the resolutions was recommended to remove General Employees of Monterey (GEM) positions because the meet and confer process had not been completed. Public Works Director Renny explained the progression of positions within the civil engineering field. They both answered Councilmembers' questions. Public comment was received from: Cody Hennings, who spoke in favor of adopting the resolutions and including the GEM positions, and read aloud written remarks from Marissa Garcia also in favor, with both citing the importance of retaining institutional knowledge; Shay Balesteri, who said that there was no retention problem and negotiation would be taking place soon, stating there seemed to be no legitimate urgency in making the proposed changes; Peter, who shared concerns about the fiscal impact on taxpayers and suggested offering incentives in 4  City Council Minutes November 21, 2023 ways that would not increase future pensions; and Esther Malkin, who said that the high cost of living and lack of housing affordability made it hard to attract talent, and asserted that the City needed to think longer-term about the housing shortage. On question from Council, Human Resources Director Neal said that the proposed incentive was not intended to be included in the calculation of an employee's pension. She said that following the meet and confer process with GEM, the matter of the GEM positions should return to the Council within 60 days. The Council discussed the matter. It was stated that the increase would help with recruitments by reducing the "sticker shock" of the cost of housing, and that engineers were not only sought after by other municipal agencies but also other local government agencies. It was stated that it was important to recruit engineers and therefore important not to delay the matter. It was suggested to find a way to tie in affordable housing with recruitments. Staff was requested to monitor the increase in applications that should result from the increase and incentive, and if no increase resulted, to further increase/incentivize. Support was expressed for negotiating the GEM positions through the meet and confer process. Staff was urged to communicate clearly and early with bargaining groups. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following roll call vote, the City Council adopted Resolution No. 23-144 C.S. to Adopt a Cash Incentive, and Amend and Restate Resolution 23-068, the FY 23/24 Salary Schedule, to Increase the Top Step of the Salary Schedule, for Specified Engineering Positions in the Public Works Department that are Difficult to Attract and Retain: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 14. Report on Federal, State, and Non-Profit Grant Opportunities (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received report Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was not received. The Council discussed the matter. It was suggested to have a specific agenda item in the future regarding housing grant opportunities and that the staff incorporate an annual grants update into the budget cycle. Staff was thanked for putting in the hard work to apply and receive grants that help to improve the City. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:49 p.m. RECESS RECONVENE The Council reconvened at 7:00 p.m. 5  City Council Minutes November 21, 2023 *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Tom Gowing. PRESENTATIONS (EVE) 15. Receive a Presentation from Monterey-Salinas Transit (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received presentation Carl Sedoryk, of Monterey-Salinas Transit (MST), gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Eleni Mattheakis, who asked what happened to an MST sign that she said used to be at the intersection of Hilby and Shafer; Tammy Jennings, who asked for information on the van pool program and spoke about the taxi voucher program, noting that there were no taxis that could accommodate wheelchair users; and Rick Aldinger, who thanked MST for its work assisting residents and hospitality workers with their transportation needs. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212) 2. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157) 3. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Case 1 - On a unanimous roll call vote, the Council gave confidential direction to legal counsel; Case 2 - No reportable action was taken; Case 3 - No reportable action was taken PUBLIC APPEARANCE (EVE) 16. Provide Direction to the Monterey Police Department (MPD) Staff about Whether to Procure and Use Automated License Plate Recognition (ALPR) Technology, Fixed and Mobile (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Directed staff to move forward by reaching out to discuss the matter with stakeholder groups including the local chapters of the American Civil Liberties Union 6 City Council Minutes November 21, 2023 (ACLU), National Association for the Advancement of Colored People (NAACP), League of United Latin American Citizens (LULAC), and Monterey neighborhood and business associations Police Chief Hober and Lieutenant Kaster gave the staff presentation on Automated License Plate Recognition (ALPR) technology and answered Councilmembers' questions. Public comment was received from: Michelle Welsh, of American Civil Liberties Union (ACLU) Monterey County Chapter, Jean Rasch, and Nina Beety, who expressed privacy concerns relating to the use of ALPR systems; and Gary Cursio of Monterey County Hospitality Association, Esther Malkin of Laguna Grande Neighborhood Association, Richard Ruccello, Wendy Brickman, and Tammy Jennings, who spoke in favor of ALPR technology citing the importance of safety. The Council discussed the matter. It was stated that staff was on the right track in looking into ALPR technology, and should continue with the process, engage with stakeholders and refine their outreach and education to reach residents. Councilmember Garcia experienced issues with his remote connection to the meeting. As a result, the Council recessed at 9:00 p.m. and reconvened at 9:07 p.m. with Councilmember Garcia successfully connected. On question from Council, Police Chief Hober said that information could not be turned over to federal agencies, and provided information about the cost of the program. The Council continued to discuss ALPR systems and policy considerations. Comments were made in favor of continuing to pursue the technology, stressing the importance of collaboration and communication with the community in the process. Police Department staff were lauded for being proactive in working to find solutions to crime and violence. It was stressed that it was important to protect civil liberties and find a balance between rights and safety, and that public safety protects liberties. It was urged that to help find that balance, the Council and staff should consider in what locations and in what quantities the devices should be placed in the City. It was stated that ALPR vendors should not be able to monetize the recorded data or access it for any unauthorized purposes. It was stated that the vendor should provide information on whether the devices could pick up only license plates and not faces. Comment was made in favor of the thirty day watch period. It was requested that staff gather more concrete data about successful use of ALPR technology in other cities. It was stressed that more outreach was needed, not only in providing education and information, but in listening to groups such as the ACLU, National Association for the Advancement of Colored People (NAACP), League of United Latin American Citizens (LULAC), and Monterey's neighborhood and business associations. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following roll call vote, the City Council directed staff to move forward by reaching out to discuss the matter with stakeholder groups including the local chapters of the American Civil Liberties Union (ACLU), National Association for the Advancement of Colored People (NAACP), League of United Latin American Citizens (LULAC), and Monterey neighborhood and business associations AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 7 City Council Minutes November 21, 2023 COUNCIL COMMENTS Councilmember Barber wished all a happy Thanksgiving and encouraged everyone to eat and be merry! Mayor Williamson echoed the wish for a happy Thanksgiving. Councilmember Smith wished all a happy Thanksgiving, and congratulated the Monterey Toreadores varsity team for their hard work this season. Councilmember Haffa wished all staff and residents a safe and happy Thanksgiving. CITY MANAGER REPORTS City Manager Uslar wished all a happy Thanksgiving. ADJOURNMENT The Council adjourned at 9:24 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8