Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 5, 2023 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Haffa, Smith, Williamson Absent: None 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, Public Works Director, City Clerk, Property Manager, Recreation Manager, Deputy Public Works Director/City Engineer, Building Official, Senior Associate Planner, Planning Manager, Deputy Human Resources Manager, Police Lieutenant, Fire Captains, Fire Engineer, Firefighters, Recreation Supervisor, Recreation Coordinators, Senior Associate Planners, HCD Coordinators, Administrative Assistant (Building), Administrative Assistant (Planning), Retired Annuitant (Planning), Senior Street Maintenance Worker ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. PRESENTATIONS 1. Recognize City Employees for Milestone Anniversaries and Retirements for 4th Quarter 2023 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Recognized employees Parks and Recreation Director Larson recognized Rachel Deis, Recreation Coordinator, for 20 years of service; Community Development Director Cole recognized Thane Wilson, Housing and Community Development (HCD) Coordinator, for 20 years of service; and Public Works Director Renny recognized Fred Pagan, Building Maintenance Craftsworker, for his retirement after 27 years of service. HCD Coordinator Wilson and retired Building Maintenance Craftsworker Pagan made brief remarks about their careers. Public comment was received by Esther Malkin, who congratulated Mr. Pagan for his hard work over the years. The Council congratulated the recognized employees/retirees and thanked them for their service. GENERAL PUBLIC COMMENTS Given the number of individuals indicating intent to speak, in order to ensure a full opportunity for public input Mayor Williamson allotted 45 minutes total for public comments on matters not on the agenda. Public comment on non-agendized matters was received from: Tom Rowley; Chandler Roland; Steve Lightfoot; Jhonrico Carr; Ross Pounds; Neal Hurd; Dave Meurer;  City Council Minutes December 5, 2023 Colleen Pantoja; Zoë Carter; Pete Cohen; Robert Wilkins on behalf of Stewart Roth; Corey McVeigh on behalf of Bobby Flood; Phillip Bezouska; Shay Balesteri; and Sheila Shanahan. CONSENT AGENDA A member of the Council pulled Item 3. Public comment on the Consent Agenda was not received. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the CONSENT AGENDA except 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 2. November 21, 2023 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Ordinances 3. 2nd Reading 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: Pulled from Consent; Adopted Ordinance No. 3676 C.S. (4-1, Councilmember Smith voting no) Public comment was not received. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Ordinance No. 3676 C.S. 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: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Resolutions 4. Authorize Agreement with the City and County of San Francisco to Accept Federal Urban Areas Security Initiative (UASI) Program Grant Funds in the Amount of $195,906 to Purchase a Negotiations Operations Center Vehicle for use by the Monterey Peninsula Regional Special Response Unit Crisis Negotiations Team (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-146 C.S. 2  City Council Minutes December 5, 2023 5. Approve the Memorandum of Understanding (MOU) for the Police Lieutenants’ Management Association (PLMA) for the period of July 1, 2022 through June 30, 2024 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-147 C.S. 6. Amend and Restate Resolution 23-145, the FY 23/24 Salary Schedule, to Include the Temporary / Seasonal Part-Time Reserve Police Officer Position (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Adopted Resolution No. 23-148 C.S. Other 7. Appoint Councilmember Kim Barber as Vice-Mayor for 2024 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061 Action: Appointed Councilmember Kim Barber as Vice Mayor for the calendar year 2024 8. Reappoint Council Representatives to Outside Agencies and City Committees for 2024 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Reappointed Council representatives for calendar year 2024 to the same roles held in calendar year 2023 *** End of Consent Agenda *** PUBLIC HEARING 9. Extending Urgency Ordinance No. 3673, the Suspension of the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties, for 10 Months and 15 Days Pursuant to Government Code Section 65858 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3677 C.S. (4-1, Councilmember Haffa voting no) Community Development Director Cole gave a verbal staff presentation. Public comment was not received. The Council requested to learn from staff what properties had been approved for the program, and applied for the program but not approved, and the corresponding subsequent sales records of each property. A motion was introduced by Councilmember Smith, and seconded by Councilmember Garcia, to adopt Ordinance No. 3676 to Extend Temporary Moratorium Suspending the Mills Act Property Tax Reduction Incentive Program for Historic Zoned Properties for 10 Months and 15 Days. In disagreement with the motion, it was stated that it was not convincing that there was an urgent need to suspend the program. The motion passed by the following vote: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Smith, Williamson NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) 3  City Council Minutes December 5, 2023 RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 10. Measure P and S (Special Sales Tax) Annual Report on Conformity with Requirement that Expenditures be Used Exclusively for the Rehabilitation, Repair, and Improvement of City Streets, Sidewalks, and Storm Drains and Disabled Access Improvements (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report Finance Director King, Deputy Public Works Director/City Engineer Easterling, and Rick Aldinger, of the Measure P & S Oversight Committee, gave the presentation and answered Councilmembers' questions together with Public Works Director Renny. Councilmember Smith left the Chamber at 5:29 p.m. and returned at 5:31 p.m. Public comment was received from Jean Rasch, who urged the City to place utilities underground when fully rebuilding a street, and Esther Malkin, who asked for North Fremont to be prioritized for street improvements and said that pedestrian safety needs to be a focus. The Council discussed the matter. Appreciation was expressed for voters who had voted in favor of Measure P and Measure S. City staff was praised for the hard work that had gone into improving the City through the measures' funding. It was requested to learn from staff whether all of the work would be complete by the end of Measure S in 2027, and to get more information about the practicality of undergrounding utilities. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 5:43 p.m. RECESS RECONVENE The Council reconvened at 7:00 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Smith led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was not received. ANNOUNCEMENTS FROM CLOSED SESSION Assistant City Manager Rojanasathira announced: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 30 Fisherman’s Wharf 4  City Council Minutes December 5, 2023 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: No reportable action taken cs2. Conference with Legal Counsel, Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): In re: Western Sky Produce, LLC (business license tax dispute) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction given to legal counsel PUBLIC APPEARANCE (EVE) 11. Receive Informational Update on the Cannabis Application Process (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received update Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions together with Police Chief Hober and Kyle Tankard of SCI Consulting Group. During the presentation Mayor Williamson left the Chamber at 7:19 p.m. and returned at 7:21 p.m. Public comment was received from Anthony Gonzales, who remarked that it would be difficult in numerous ways not to have a location in mind at the time of application, and Joey Espinoza, who echoed concerns that designing a good security plan would be difficult without a location, and gave kudos to the City staff for running a transparent process. Mayor Williamson left the Chamber at 7:45 p.m. and returned at 7:47 p.m., and Councilmember Smith left the Chamber at 7:56 p.m. and returned at 7:58 p.m. The Council discussed the matter. Support was expressed for the staff's proposed application process. The Council discussed the proposed lottery for location among the top four ranking applications. An argument was made in favor of the lottery as a way to shield the Council's ad hoc committee of the Mayor and Vice Mayor from getting too much into minutia and potential advocacy from applicants. 12. Amend and Restate Resolution 23-036, Master Fee Schedule to Update Fees for the Community Development Department by Adding Cannabis Retail Application Fees and Rental Inventory Fees, Effective January 5, 2024 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 23-149 C.S. (4-1, Councilmember Smith voting no) Assistant City Manager Rojanasathira gave the staff presentation and answered Councilmembers' questions. Public comment was received from Joey Espinoza, who clarified for himself that the cannabis application fees would be charged to applicants in stages as they progressed through approval processes. 5 City Council Minutes December 5, 2023 On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 23-149 C.S. to Amend and Restate Resolution 23-036, Master Fee Schedule to Update Fees for the Community Development Department by Adding Cannabis Retail Application Fees and Rental Inventory Fees, Effective January 5, 2024: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Haffa said he enjoyed the Cannery Row and City Hall tree lighting ceremonies. Citing the importance of fire prevention and electric grid security, he said that it would be appropriate to further consider undergrounding utilities as a long term goal, and look at ways to finance undergrounding including the potential of a bond. Councilmember Smith reflected that 2023 had been a fulfilling and active year for the Council with the help of City staff. He agreed that the Cannery Row tree lighting had been fantastic. He announced upcoming meetings he would attend for Transportation Agency for Monterey County (TAMC) and Monterey-Salinas Transit (MST), and the Monterey County Conventions and Visitors Bureau, now also known as "See Monterey." Missed something at 8:22. He reminded everyone that there would be a special meeting of the City Council on December 15, 2023, and wished everyone a happy season. Mayor Williamson reported from Monterey One Water regarding phases of the expansion of the advanced water purification facility. He shared that Pure Water Monterey has delivered 4.1 billion gallons pf water since construction. He spoke about the importance of unity and stated his appreciation for working with his colleagues on the Council and for the staff that support the Council. He expressed gratitude for the community and wished everyone happy holidays. CITY MANAGER REPORTS City Manager Uslar thanked the Council for their good work this year. He reported that the new bookmobile was finished being built in Ohio and would come to Monterey soon. He noted that the special meeting on December 15, 2023 would be at 2 p.m. He reminded the Council of the boards and commissions reception the next evening. He shared that the tree lighting ceremony had been a huge success with the largest crowd in memory, and shared compliments to First Night Monterey and the Old Monterey Business Association for their efforts. ADJOURNMENT The Council adjourned at 8:26 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 6