Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 6, 2024 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, Human Resources Director, Public Works Director, City Clerk, Property Manager, Lieutenant, Deputy Public Works Director/City Engineer, Police Lieutenant, Assistant Director of Information Resources, Fitness Manager, Engineering Assistant, Parks Operations Manager, Deputy Human Resources Manager, Interim Fire Chief, Recreation Manager, Senior Engineer, General Services Superintendent, Management Analyst (City Manager), Police Sergeant, Division Chief (1), Fire Captains (5), Fire Engineers (4), Firefighters (5) ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:01 p.m. City Clerk Klein called the roll with the Council present as indicated above. PRESENTATIONS 1. 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 Airman First Class Clara Hendrickson (U.S. Air Force), Sergeant Jason Kashuba (U. S. Marine Corps), Sergeant Christian Moctezuma-Berrios (U.S. Army) Mayor Williamson presented proclamations to Airman First Class Clara Hendrickson (U.S. Air Force) and Sergeant Christian Moctezuma-Berrios (U.S. Army), who each made brief remarks. Sergeant Jason Kashuba (U. S. Marine Corps) was not present but was recognized. Public comment was not received. 2. Recognize February 2024 as Black History Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized February 2024 as Black History Month Mayor Williamson presented the proclamation. Public comment was not received. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot, Dylan George of Pacific Gas & Electric (PG&E), and Robin Domiter.  City Council Minutes February 6, 2024 CONSENT AGENDA Mayor Williamson stated that Item 8 had been pulled. The Council requested to pull Item 12. City Manager Uslar stated that Item 9 was requested by staff to be continued to March 5, 2024. Public comment on the Consent Agenda was received from Esther Malkin, who spoke in favor of Kathie Buaya's appointment to the Parks and Recreation Commission (Item 14). The Council commented briefly on Item 11, thanking staff for bringing it forward and saying it was a good initiative. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council approved the CONSENT AGENDA except Items 8 and 12, and continued Item 9 to March 5, 2024: 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. January 16, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved 4. January 24, 2024 Special Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Award of Construction Contracts 5. Award a Construction Contract in the Amount of $617,460.00 to All County Flooring for Replace Flooring Project at Ord Military Community (Categorically Excluded from NEPA 32 CFR, Part 651, Section II(g )(1), CEQA Not a Project) ***IGSA*** Action: Adopted Resolution No. 24-008 C.S. Resolutions 6. Authorize Two (2) New Forty-Nine Feet (49') Long by Fifteen Feet (15') Wide Boats and Revise the New Horizon Dimensions to Forty-Eight Feet (48’) Long by Fifteen Feet (15’) Wide at 66 Fisherman's Wharf (Discovery Charters, Inc.) (Exempt from CEQA, Article 19, Section 15061 (b)(3)) Action: Adopted Resolution No. 24-009 C.S. 7. Implement a Customer Financial Assistance Program for Sewer Treatment Billing (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-010 C.S. 2  City Council Minutes February 6, 2024 8. Award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to Town & Country Gardening & Landscaping, Inc. (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) -- Continued from January 16, 2024 Action: Pulled from Consent; Adopted Resolution No. 24-011 C.S. City Manager Uslar made a brief verbal presentation. Public comment was not received. On a motion by Councilmember Barber, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-011 C.S. to award a Job Order Contract for Landscape Maintenance in the Amount of $250,000 to Town & Country Gardening Landscaping, Inc: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 9. Award Five Professional Services Agreements for On-Call Civil Engineering Services Each with a Not-To-Exceed Limit of $500,000.00, for Projects with the City of Monterey to: (1) Kimley- Horn and Associates, Inc.; (2) BKF Engineers; (3) Whitson & Associates, Inc.; (4) Harris & Associates, Inc.; and (5) Mark Thomas & Company, Inc. ***CIP/NCIP*** (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Continued to March 5, 2024 10. Authorize Agreement with GoTo Technologies USA, Inc. in the Amount of $506,403.28 for the Purchase of Voice Communications Equipment and Services (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-012 C.S. 11. Appropriation of $10,000 from Unassigned Fund Balance to the Monterey County Business Council, Inc. (MCBC) Towards a Local Match Contribution to Establish a Small Business Development Center (SBDC) Satellite Office in Monterey (Not a project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-013 C.S. 12. Authorize Use of Live Scan Technology to Assist the City of Monterey in Implementing Its Cannabis Business Regulatory Permit Regulations (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Pulled from Consent; Adopted Resolution No. 24-014 C.S. Assistant City Manager Rojanasathira made a brief verbal presentation and answered Councilmembers' questions together with City Attorney Davi. Public comment was not received. The Council discussed the matter. It was stated that anyone who is involved in a cannabis business who participates in the business in any fashion, including subcontractors, should be Live Scanned, with none excluded. 3  City Council Minutes February 6, 2024 On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-014 C.S. to Authorize Use of Live Scan Technology to Assist the City of Monterey in Implementing Its Cannabis Business Regulatory Permit Regulations: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Agenda Item to be Added Upon 2/3 Vote - Need for Immediate Action that Came to Attention of the City After Agenda was Posted (Government Code section 54954.2(b)(2)) 13. Adopt a Resolution Ratifying the City Manager’s Proclamation of a Local Emergency Related to the February 2024 Storms (Order 24-001) (Exempt from CEQA Per Article 18, Section 15269.c) Action: Adopted Resolution No. 24-015 C.S. Other 14. Receive Mayor’s Recommendation and Appoint Kathie Buaya and Gabriel Sanders to the Parks and Recreation Commission (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) Action: Appointed Kathie Buaya and Gabriel Sanders to the Parks and Recreation Commission with both terms ending June 30, 2028 *** End of Consent Agenda *** *** Adjourn to Closed Session (See additional agenda) *** Public comment on the Closed Session was not received. The Council adjourned to Closed Session at 4:41 p.m. RECESS The Council recessed at 5:34 p.m. RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:07 p.m. PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Tom Rowley, Nancy Soule, John Sovereign, Dave Caneer, Bruce Zanetta, Lorna Moffat, Richard Ruccello, and Esther Malkin. 4  City Council Minutes February 6, 2024 PUBLIC APPEARANCE (EVE) 15. Provide Guidance Concerning 2024/25 Neighborhood and Community Improvement Program (NCIP) Objectives and Priorities ***NCIP*** (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Provided guidance City Manager Uslar gave a verbal introduction to the matter. Senior Engineer Paulding, who gave the staff presentation and answered Councilmembers' questions. During the beginning of the presentation, Mayor Williamson left the Chamber at 7:37 p.m. and returned at 7:39 p.m. Senior Engineer Paulding explained the staff recommendation that the Council prioritize for NCIP funding projects to address public health, safety, and essential facilities, including currently needed renovations to Fire Stations 12 and 13 and Hilltop Park Center, and a perpetual financial commitment to undergrounding utilities. Based on the number of individuals wishing to speak, Mayor Williamson allocated two minutes per speaker. Public comment was received from: Rick Heuer, of NCIP Committee, who raised questions about priorities and the origin of the unallocated funds; Jayme Fields, of NCIP Committee, who said that the NCIP Committee had funded City projects many times and would continue to do so; Marta Kraftzeck, who said that Monterey Vista Neighborhood Association (MVNA) supported respecting the independent autonomy of NCIP and establishing a funding source for a long-term commitment to undergrounding; Susan Nine, Tom Reeves, Tammy Jennings of NCIP Committee, and Chinyere Ogbonna of NCIP Committee, who expressed concerns about the process that had been used to bring forward the projects suggested by staff, versus the longstanding NCIP process for project submittal; Pat Venza and Jean Rasch, who suggested that the residents' undergrounding committee should be incorporated into an official City committee; Richard Ruccello of NCIP Committee, and Esther Malkin, who asked about maintenance of City infrastructure and why the discussed facilities were in such poor condition; Jeana Jett, Hans Jannasch, Ray Meyers, Bruce Zanetta, Bill Clancy, and Nancy Soule, who spoke in favor of prioritizing the funding of undergrounding utilities; Ross Pounds, of Monterey Fire Fighter Association (MFFA), and Phillip Bezouska, who urged the Council to prioritize funding renovations to Fire Stations 12 and 13; John Sovereign, who said that imagination was needed; Tom Rowley, who said that the usual NCIP process worked and that undergrounding should be funded outside of NCIP; and Eric Palmer, who spoke about the impacts of climate change and in favor of funding projects with a balance between neighborhood and critical infrastructure needs. The Council discussed the matter. Concern was expressed about the process that had been used to bring forward the item to the Council, stating it had created dissent and that the traditional NCIP process should be followed. On the other hand, it was expressed that this agenda item did not represent anyone trying to circumvent the usual NCIP process but was rather setting an opportunity to give the NCIP Committee things to think about as they undertake their standard process. It was stated that the Council needed to have a bigger conversation about the NCIP. Regarding the fire stations, it was stressed that the City’s fire personnel deserved a safer environment and that their stations were in need of renovation. The question was posed: why did the City allow its facilities to get to this point in the first place? It was stated that the Council needed to receive a report card on all facilities. Regarding the Hilltop Park Center, it was asked whether the work could be done in phases, and whether the center's use was being fully maximized. It was suggested that a tour of the center 5  City Council Minutes February 6, 2024 could help to see the issues. It was expressed that the fact that the neighborhood association was bringing forward an NCIP project for Hilltop was encouraging. Regarding undergrounding, it was stated that the dollar amounts proposed for perpetual funding did not add up sufficiently to address the actual cost of undergrounding the City's utilities, but that there was an opportunity to work with residents to figure out a better proposition. It was discussed that the Council could consider designating the community-based undergrounding committee as a City committee. It was stated that it was time to start putting seed money into and prioritizing undergrounding, and that grants could help to fund the process. It was stressed that valid legitimate concerns, such as issues caused by climate change and worsening storms, could be solved by focusing on undergrounding utilities. Regarding NCIP funding and project status, it was stated that the City Manager should return to the Council to do a deeper dive into valuable unfinished projects to which funds had already been dedicated. It was requested to receive a presentation on NCIP project status and available funds. Council recessed at 9:09 p.m. and reconvened at 9:17 p.m. 16. Receive an Update on Cannabis Application Process, Review Cannabis Industry Revenue and Crime Trends, and Consider a 180 Day Pause on Processing Storefront Retailer: Type 10A (adult-use) and/or Type 10M (medicinal) Cannabis Business Permit Applications (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Denied staff recommendation (3-2, Councilmembers Barber and Smith voting no) City Manager Uslar, Assistant City Manager Rojanasathira, and Police Chief Hober gave the staff presentation and answered Councilmembers' questions. Based on the number of individuals wishing to speak, Mayor Williamson allocated two minutes per speaker. Public comment was received from: Kevin Dayton, who said that pulling the program would be disrespectful to the businesses who applied; Eric Palmer, who said that there did not seem to be a compelling public safety concern to override the will of Monterey voters, Council, and survey respondents; Anthony Gonzales, who stressed that Proposition 64 and Measure J had shown that Monterey residents wanted legal access to cannabis in their city and that the revised revenue would still be helpful; Rick Heuer, who said that cannabis crime would continue; Rick Aldinger, who supported a pause, stating that inviting another layer of crime to the community seemed ill-advised; Perla Silva, cannabis retail applicant, who agreed crime was a concern and said she supported the pause if it meant implementing regulations that would help the community stay safe; Tom Rowley, who supported a pause from the aspect of Monterey's reputation, and said that at the time the vote in favor of the cannabis program was taken the data on cannabis crime looked different; Mitchell Sawhney, who supported a pause and asked for increased police funding and guidance for business owners; Esther Malkin, who stated that neighbors would not want cannabis-related crime on North Fremont Street; Joey Esinpoza, who urged moving forward without the pause and said more information was needed about the crimes referenced by staff; and Marc Kelley, who urged Council to listen to their Police Chief when he came forward with a serious concern. The Council discussed the matter. It was stated that the request made by City staff had been reasonable, and that 180 days would allow staff and the Police Department to reengage and determine how best to move forward with the policy given the additional information about cannabis retail-related crime. It was stressed that security was crucial in every business and it was imperative to get it right. It was 6 City Council Minutes February 6, 2024 stated that a 120 day pause could be supported while 180 days would not, because 120 days would not stalemate the retail cannabis applicants for as long. In disagreement with the staff recommendation, concern was expressed about the businesses that had put work into their submitted applications and created business plans and investments, and that as a result of a pause they could walk away and decide Monterey was not a serious partner. Regarding the crimes referenced by staff, it was stated that every business carried a certain amount of risk and that it would be important to consider and investigate where the crimes where happening and what other crime trends were present in the areas. It was stated that the report given seemed to cherry-pick information in order to create fear. It was stated that the picture presented to the Council of the cannabis-related crimes had not been complete and convincing enough to conclude there was a serious threat. It was stressed that the conversation about cannabis was not new and that the Council had been discussing it for four years. It was stated that not much would be able to change in 180 days and that the City needed to move forward with the plan. If adopting other security measures and/or policy initiatives would help, it was stated the Council would be open to this. It was noted that these cannabis retail locations could serve a group of Monterey residents who may be battling terminal and serious illnesses. The point was made that City staff had spent a lot of time and energy engaging in dialogue around this topic. It was stressed that the cannabis taxes would be helpful to the City and diversify its revenues. It was agreed that weak criminal penalties were an issue but stated that there seemed to be dialogue happening at the State level and optimism that there would be changes. The Council held a discussion around whether questioning staff's having brought the item forward to Council indicated a lack of trust in the City staff. A motion was introduced by Councilmember Smith, and seconded by Councilmember Barber, to direct staff to implement a 120 day pause on processing storefront retailer: type 10a (adult- use) and/or type 10m (medicinal) cannabis business permit applications. On a substitute motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council denied the staff recommendation: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 2 COUNCILMEMBERS: Barber, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Haffa said that he hoped Council would write a letter to the Coastal Commission in support of Bob Faulis' Cannery Row project, and stated that a ballot measure addressing the Tarpey Flats property issues should be agendized for discussion. Councilmember Smith said that AT&T had a successful Pro-Am tournament with many volunteers. He announced an upcoming Wharf Association meeting and said that Sustainability Coordinator Terrasas would give a talk at the Cannery Row Rotary club. Mayor Williamson reported from Monterey One Water that a consulting contract was awarded for California-American Water to use outfall from a future desalination plant. He said that the Pure Water Monterey expansion project was moving along and was scheduled to be completed by August 2025. 7 City Council Minutes February 6, 2024 CITY MANAGER REPORTS City Manager Uslar announced that the City's Marina Parking Lot project had won a Transportation Excellence Award from the Transportation Agency for Monterey County (TAMC). He encouraged residents to attend Rental Assistance Program drop-in sessions. He shared numerous upcoming dates: a second town hall meeting regarding Automated License Plate Readers (ALPRs) held by the Police Department; the deadline for NCIP project nominations; the State of City address; the Library's Chocolate and Wine benefit event; budget priority listening sessions; a kickoff event for the Old Capitol Site Master Plan; and a budget survey. ADJOURNMENT The Council adjourned at 10:52 p.m. in honor of former City employee Bill Reichmuth. ANNOUNCEMENTS FROM CLOSED SESSION cs1. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: 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: On a unanimous roll call vote, the Council gave confidential direction to labor negotiators Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8