Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 2, 2024 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber (arrived at 4:13 p.m.), 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, Library & Museums Director, Public Works Director, City Clerk, Planning Manager, Lieutenant, Senior Associate Planner, Senior Engineer, Harbormaster, Police Lieutenant, Police Sergeant, Public Works Administrative Services Manager, Senior Engineer, Assistant Human Resources Director, Environmental Regulations Manager, Deputy Public Works Director/City Engineer ***Afternoon Session Agenda *** CALL TO ORDER Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll with Councilmember Barber absent. Mayor Williamson stated that Councilmember Barber was on her way and would arrive shortly. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards Second Quarter FY24 (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized Lance Corporal Matthew Bronico (U.S. Marine Corps), Lance Corporal Damarys Flores (U.S. Marine Corps), Staff Sergeant Alexandra Kocurek (U.S. Air Force), and Detective Sergeant Anthony Rivera (U.S. Army) Mayor Williamson presented proclamations to Lance Corporal Matthew Bronico (U.S. Marine Corps), Lance Corporal Damarys Flores (U.S. Marine Corps), and Staff Sergeant Alexandra Kocurek (U.S. Air Force), who each made brief remarks. Detective Sergeant Anthony Rivera (U. S. Army) was not present but was recognized. Public comment was not received. 2. Proclamation Declaring April 7th through April 13th National Library Week (Not a project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Proclaimed April 7-13, 2024 National Library Week Councilmember Barber arrived at 4:13 p.m. Mayor Williamson presented the proclamation celebrating the Monterey Public Library. Library & Museums Director Edwards made brief remarks.  City Council Minutes April 2, 2024 Public comment was received from Terric O'Connor, who stated that he had been unfairly removed from the library, and Sharon Dwight and Jean Rasch, who praised the Monterey Public Library and its leadership. The Council made remarks expressing admiration for the Monterey Public Library. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from: Steve Lightfoot; Sharon Dwight; Shane Strong, of the American Legion Post 41; and Terric O'Connor. CONSENT AGENDA Items 7 and 10 were pulled from the Consent Agenda at the request of members of the public. On question from the Council, Public Works Director Renny said that her Engineering staff was looking at alternatives for traffic calming and bicycle safety. 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 Items 7 and 10: 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. March 19, 2024 Regular 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 4. Authorize an Amendment to the Professional Services Agreement with G7ei, Inc. for Completion of the Sewer Utility Master Plan and Rate Study (“Project”) to Increase the Not-to- Exceed Amount from $192,000 to $289,816 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-039 C.S. Ordinances 5. 1st Reading by Title Only of an Ordinance to Amend Monterey City Code Chapter 17 Relating to the East Moorings, Sales of Whole Fish from Boats, Inoperable Vessels, and Parking Permit Policies (Not a Project Under CEQA, per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Introduced by title only and passed to print the draft Ordinance 6. 2nd Reading of an Ordinance to Repeal and Replace Monterey City Code Section 20-40 Pertaining to Decreased Speed Limits on Certain Street Segments (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3681 C.S. 2  City Council Minutes April 2, 2024 Resolutions 7. Adopt the Fishermen's Flats Neighborhood Traffic Calming Plan (Categorical Exemption per CEQA Section 15301, Class 1 - Minor Alterations to Existing Facilities) Action: Pulled from Consent; Adopted Resolution No. 24-040 C.S. Public comment was received from Tom Rowley, of Fishermen's Flats Homeowners and Residents Association, who criticized the Kimley Horn data, said that Foothill School may need to be reopened as a Monterey Peninsula Unified School District (MPUSD) campus, and thanked Council for taking up the matter; and Esther Malkin, who said that traffic calming bulbouts needed to be made more visible at night. The Council discussed the matter. It was stated that adjustments to the plan could be made over time if needed. On a motion by Councilmember Smith, seconded by Councilmember Barber, and carried by the following vote, the City Council adopted Resolution No. 24-040 C.S. to Adopt the Fishermen's Flats Neighborhood Traffic Calming Plan: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 8. Adopt the Monterey Vista Neighborhood Traffic Calming Plan Update (March 2023) (Categorical Exemption per CEQA Section 15301, Class 1 - Minor Alterations to Existing Facilities) Action: Adopted Resolution No. 24-041 C.S. 9. Resolution Authorizing the City Manager to Enter into a Memorandum of Understanding with United Way Monterey County to Participate in the Smart Referral Network (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-042 C.S. Other 10. Authorize the City Manager to Send a Letter of Intent to Monterey One Water Affirming the City of Monterey’s Intent to Move the City’s Fees for Wastewater (Sewer) Collection to the County of Monterey Property Tax Bill (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Pulled from Consent; Authorized Letter (4-1, Councilmember Smith voting no) Public comment was received from Sharon Dwight, who asked that the letter acknowledge that a democratic process would be undertaken prior to approval of the change, and Marsha Moroh, who said that the change could be complicated for owners of condominiums and apartments. The Council discussed the matter. It was stated that the transition would be made as transparent as possible to owners of all properties including those with homeowners associations. It was stated that there would be various payment options including the ability to pay on a monthly basis. Concern was expressed regarding the impact on unique properties, including multi-use commercial buildings with varying uses and leases, and it was requested that each property be issued be a monthly report on usage so that lessors could pass along the fees to their tenants appropriately. 3  City Council Minutes April 2, 2024 City Manager Uslar addressed questions from the Council by referring to an agenda attachment that he said covered the questions about homeowners associations, and addressed the public comment regarding a democratic process, stating that the Proposition 218 process would not be required for the proposed change as it was only the payment mechanism that was changing, not fees. City Attorney Davi stated that the collection process would include adopting an annual report by Monterey One Water (M1W) that would be delivered to all customers with a procedure for protesting the tax roll. On question, City Manager Uslar said that if the change to the tax roll was not approved, the City would take on the work to bill wastewater (sewer) rates for its own residents. Expressing concern about the proposal, it was stated by the Council that the move to the tax roll would be a significant change and that M1W staff would need to be well prepared to answer questions. It was stated that when a vendor was less efficient at collecting fees, the City should evaluate the use of that vendor and it was expressed that M1W may not be operating with the best interests of Monterey residents in mind. It was expressed that the City was being pushed into the decision because otherwise it would have to take on the billing process itself. In support of the proposal, it was stated that the change would make sure that M1W would timely receive the funds needed for operations instead of struggling to collect from late paying users. It was stated that M1W was well run and did good work finding creative and innovative water solutions for the region. It was stated that the billing transition would allow more flexibility with the payment assistance program for low-income ratepayers. On a motion by Councilmember Barber, seconded by Councilmember Garcia, and carried by the following vote, the City Council authorized the City Manager to Send a Letter of Intent to Monterey One Water Affirming the City of Monterey’s Intent to Move the City’s Fees for Wastewater (Sewer) Collection to the County of Monterey Property Tax Bill: AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** PUBLIC HEARING 11. 1st Reading by Title Only of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages; Exempt from CEQA per Article 18, Section 15269(c) Action: Held public hearing, introduced by title only, and passed a first reading of the draft Ordinance Mayor Williamson introduced the ordinance by reading its full title. Senior Associate Planner Schmidt gave the staff presentation and answered Councilmembers' questions. A compromise was suggested by the Council: to approve only those generators that produced noise on the lower decibel range. Public comment was received from Terric O'Connor, who suggested the use of constructed wooden structures to lower the noise and the addition of mufflers on the generators' exhaust pipes, and Jean Rasch, who said the City needed to get serious about undergrounding utilities 4  City Council Minutes April 2, 2024 to reduce power outages and spoke in favor of current proposed Neighborhood and Community Improvement Program (NCIP) projects on the subject of undergrounding. A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to pass to print the 1st Reading by Title Only of an Ordinance to Amend Chapters 22 and 38 of the Monterey City Code, Establishing Exemption Criteria and Minimum Performance Standards Relating to the Use of Emergency Generators During Emergency Power Outages. The Council discussed the matter. Agreement was expressed with the concept of getting serious about undergrounding City utilities, particularly on routes with major power lines that experienced frequent disturbance by falling trees. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) PUBLIC APPEARANCE 12. Receive an Update on the State of the Library from the Board of Library Trustees (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received update Board of Library Trustees Chair Moroh gave the board's presentation and answered Councilmembers' questions. Public comment was received from: Terric O'Connor, who praised the Library and said it should be open for teenagers; Bob Petty, who expressed his interest in increasing the capabilities of the Library and improving its facility; and Esther Malkin, who spoke about the many ways to use the Library and its collections and praised the hard-working staff. The Council briefly discussed the matter, profusely thanking Monterey Public Library staff and trustees for their dedication and excellent work. It was stated that the board's expressed priorities were reasonable and that the Library and its future were high priorities for the City Council. The Bookmobile was appreciated for bringing the Library's services to many locations in the community. It was stressed that access to information was essential. *** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 6:00 p.m. RECESS RECONVENE *** Evening Session Agenda *** The Council reconvened at 7:07 p.m. 5  City Council Minutes April 2, 2024 PLEDGE OF ALLEGIANCE Councilmember Garcia led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Sidney Ramsden-Scott, Tom Rowley, Eric Palmer, and Lorna Moffat. ANNOUNCEMENTS FROM CLOSED SESSION City Attorney Davi announced: cs 1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): Potter, David v. City of Monterey (Workers' Compensation Appeals Board Case No. ADJ12943150) (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 its legal counsel cs 2. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9: Brent Hall v. City (Workers' Compensation Claim No. 21MON061) (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 its legal counsel cs 3. 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: No reportable action taken PUBLIC APPEARANCE (EVE) 13. Receive Community Feedback on Automated License Plate Recognition (ALPR) Program and Direct the Monterey Police Department to Proceed with ALPR Program Implementation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Directed as follows: that the Monterey Police Department proceed with Automated License Plate Recognition (ALPR) program implementation; that the audit report be shared with the City Attorney by the Police Chief after a year into the program; that any changes to the policy be brought to the City Council for approval; and that the Police Chief bring a report to Council a year into the program (3-2, Mayor Williamson and Councilmember Garcia voting no) Police Chief Hober gave the staff presentation and answered Councilmembers' questions. Based on the number of people wishing to provide public comment, Mayor Williamson limited the speaking time per person to two minutes. Public comment was received from: John Sovereign, who suggested beginning the program as a pilot monitored by the American Civil Liberties Union (ACLU); Marc Kelley, of Monterey County Hospitality Association (MCHA), who spoke in favor of implementing ALPR technology, citing interagency cooperation; Sharon 6 City Council Minutes April 2, 2024 Dwight, who echoed Mr. Kelley's remarks and expressed concerns about security of storing sensitive data in the cloud; Michelle Welsh, of ACLU Northern California, Monterey County Chapter, who said that there were other effective ways to go about policing and urged the Council to focus on their values when considering the proposed program; Rick Aldinger, of MCHA, who spoke in favor of adopting ALPR technology, citing the need for residents and visitors to feel safe in Monterey; Gary Cursio, of MCHA, who urged adoption of the program at the strongest level (i.e., with 35 cameras); Janine Chicourrat, who spoke in favor of joining other Peninsula cities in adopting the technology; Stan Williams, who asked the Council to be more careful and to guard residents' privacy rights against advancing technology; Tom Rowley, of Fishermen's Flats Homeowners and Residents Association, who said that the association was in favor of adopting the ALPR program; Jean Rasch, who said that the audit process should include the City Attorney, and asked for an ordinance and a sunset date for the program; Esther Malkin, who spoke in favor of implementing ALPR technology and said crime on the Peninsula was coming from outside the area; and Keith Marshall and Richard Ruccello, who both spoke in favor of implementing ALPR technology, citing the safety of the community. During the public comment period, Councilmember Smith left the Chamber at 8:39 p.m. and returned at 8:41 p.m. At the request of the Council, Police Chief Hober provided answers to some questions posed during public comments. He clarified that the cameras photographed every car that went by and that most cameras were solar powered. He said that the data storage was stored securely in a government encrypted cloud. He said that all license plates photographed were stored for 30 days and then deleted unless associated with a crime or investigation. He explained that the technology was similar to that used by “meter maids” for parking monitoring, but that the use for finding "hits" related to crime was specific to the police ALPRs. Regarding monitoring and auditing the use of the ALPR technology, he said that Police Department leadership would review both the use and the logged reasons for the use of the technology. Regarding the software's possible facial recognition capability, he said that even if the ALPR technology had such a capability, the Monterey Police Department would be using only the license plate and vehicle monitoring capabilities. He said that if the cameras took a photograph of a person, any searches conducted would be for license plates and vehicles and would not find images of people. Regarding including the City Attorney in the audit process, Police Chief Hober said that he did not feel the need to include the City Attorney as part of the audit team as it was not in her purview and that it was his job to hold his organization accountable, but stated that he would be comfortable sending her the memorandum following the audit. On question from the Council, City Attorney Davi said that she and Police Chief Hober worked together regularly on legal matters and that whenever the Chief needed legal advice for the Police Department she was consulted. The Council discussed the matter. It was expressed that everyone on the Council was in favor of public safety and that everyone's interpretation of public safety was unique. In favor of adopting the ALPR technology, it was stated that Monterey was the last city on the Monterey Peninsula not using the technology. It was stated that people need not be in fear of the first step of policing, because of the oversight built into the criminal justice system and it was explained that every arrest or warrant proceeding went to the District Attorney, who was required to review the evidence and had the statutory discretion for filing charges based on sound case law and common sense. It was stated that Monterey Police Department leadership and supervisory staff exemplified professional standards and accountability. It was stated that the proposal was for the use of the technology with limits and an appropriate balance. It was urged that the Council should take every effort to be sure the Police Department had tools to keep the community safe. 7  City Council Minutes April 2, 2024 Questioning aspects of the proposal, it was stated that the "other cities are doing it" argument was not compelling. It was stated that the Council trusted their Police Department but had to do its due diligence on behalf of everyone in Monterey. It was stated that protecting public safety was essential but so was protecting civil liberties, and that the Council was trying to find a balance and appreciated that the Police Chief and his team had worked hard to come up with a policy that was responsive to those dual concerns. It was stated that due to the privacy concerns expressed, the Council had a responsibility to make sure everyone had a safety net. It was stated that some of the concerning examples given by the American Civil Liberties Union (ACLU) had not been discussed, such as a flagged ALPR scan in San Francisco that it was stated had led to the wrongful detention of a black woman at gunpoint, or a reader system error in Walnut Creek that it was stated had led to the detention of a non-profit director. Citing the draft policy's language explaining that the impermissible use of the ALPR system could lead to criminal prosecution and civil liability, it was stated that by the time such penalties would be needed, there would already be innocent victims who would have suffered from the misuse of the technology. It was stated that with even a low possibility of such errors being made, it would be difficult to support the adoption of the technology. It was stated that disadvantaged communities were the most at risk due to bias in society. Concern was expressed that technology was advancing faster than officials could create public policy, and about data breaches and potential repercussions of sharing information with other jurisdictions. Speaking to concerns about the technology, it was stated that the biggest concern was the potential for misidentification but that it sounded like misidentification could be more likely without the technology because the non-ALRP information was less precise. It was stated that although there were privacy concerns expressed, the reality was that in public there was not legally a privacy expectation, and that there were protections built into the ALPR policy so that when the system was used, the use was identified and the officer had to provide a log entry explaining the reason for the use. It was stated that the more eyes looking at the ways the data was used, the better protection the residents would have. It was proposed that to increase the oversight, someone like the City Attorney should be involved in the audit in some fashion such as by receiving the audit report on an annual basis. It was requested that the Police Department report to the Council after one year's use of the program to provide an update. It was questioned what the process would be to implement changes to the policy after it was first adopted. It was stated that in the use of such a technology there was a risk assessment required, but also a cost-benefit assessment. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council directed as follows: that the Monterey Police Department proceed with Automated License Plate Recognition (ALPR) program implementation; that the audit report be shared with the City Attorney by the Police Chief after one year; that any changes to the policy be brought to the City Council; and that the Police Chief bring a report to Council a year into the program: AYES: 3 COUNCILMEMBERS: Barber, Haffa, Smith NOES: 2 COUNCILMEMBERS: Garcia, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council recessed at 9:28 p.m. and reconvened at 9:34 p.m. 14. Receive a Report on the Sewer Utility Master Plan (SUMP) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report 8  City Council Minutes April 2, 2024 Tony Akel, consultant with Akel Engineering Group, gave the presentation and answered Councilmembers' questions. Public comment was received from Tom Rowley, who expressed discontent with the report and its figures on sea level rise. 15. Receive a Presentation on the Wastewater (Sewer) Rate and Capacity Fee Study and Direct Staff to Initiate the Property Owner Notice, Hearing, and Protest Process as Required by Proposition 218 for the Proposed Wastewater (Sewer) Rate and Capacity Fee Increases (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-043 C.S. Senior Engineer Harty introduced Doug Dove, of Bartle Wells Associates, who gave the staff presentation and answered Councilmembers' questions. Concern was expressed by the Council about the Monterey One Water (M1W) agency and on question by Council it was confirmed that the City had not analyzed the $44/month residential fee charged by M1W. It was stated by the Council that there was no cost containment and that there were runaway costs across all utilities. Discomfort was expressed with funding too much for costs associated with sea level rise and it was stated that it was unclear what percentage of the cost increase would pay for future projects that would be impacted by sea level rise. Public comment was received from: Tom Rowley, who questioned estimates for sea level rise and said that the challenge of sea level rise will present a significant financial challenge; Sharon Dwight, who expressed concern about the affordability of the rate increase especially for renters, and spoke against putting the fees onto the tax bill; and Esther Malkin who echoed Ms. Dwight's concerns about affordability for renters, citing that this increase would be a struggle on top of all the other costs that already made it hard to live in Monterey. A motion was introduced by Councilmember Smith, and seconded by Councilmember Barber, to extend the meeting to 11:30 p.m.: Public comment on the motion was not received. The motion to extend the meeting carried by the following vote: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) The Council discussed the matter. It was noted that the City's sewer rates were among the lowest in the region and hadn't been raised in almost a decade. Regarding the amount of the proposed increase, it was stated that there were concerns that the increase was too significant for a good portion of the City's residents. It was stated that the City had partnered with M1W to provide assistance for low-income ratepayers. Regarding inclusion of funding to address sea level rise, it was stated on the one hand that due to cost increase concerns, it would be best to ask staff to bring the matter back without the $7M 9 City Council Minutes April 2, 2024 sea level rise amount included in the rates. On the other hand, it was stated that it was known that sea level rise was happening even though there was disagreement on the predicted timeline. It was stated that it would be beneficial and show good stewardship to keep some funding for preparing for sea level rise. Regarding the timing of the proposed increase, it was stated that the proposed City rates were reasonable to achieve full cost recovery, but it was requested that the Council consider deferring the City's rate increase until after the implementation of the move to the tax roll, then come back to this for a full cost recovery later, in order to avoid unnecessary confusion for the public. City Manager Uslar noted that it could be even harder for the City to do a rate increase next year if M1W was also increasing their rates then, and that if there were a deferral then a new rate study would be needed. He suggested as an alternative that the Council could direct staff at this meeting that the proposed fees would be effective at a later date. It was briefly proposed by the Council to move forward with the increase but with an added option to back off if more clear information were received on sea level rise; however, City Attorney Davi said that new rates would require a new fee study. Frustration was expressed by the Council that they had not been given the option on whether or not to do the fee study at this time, and that now that there was a fee study it was pushing a decision. It was stated that due to the tax roll process there would be a lot of questions and confusion for residents. It was stated by the Council that running at a deficit every month added to the problem, and in response it was noted that this was not new and had been happening for years. It was briefly proposed by the Council to decrease the sea level rise amount and to delay implementation for a number of months. It was suggested that if the Council was going to approve moving forward with it, that they just start collecting the fees without delay, and that the concern had been about how to communicate about fees, not about when the fees would actually hit consumers. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 24-043 C.S. Directing Staff to Initiate the Property Owner Notice, Hearing, and Protest Process as Required by Proposition 218 for the Prposed Wastewater (Sewer) Rate and Capacity Fee Increases: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) COUNCIL COMMENTS Councilmember Smith said that the Fishermen's Flats Homeowners and Residents Association meeting would be on April 8, and would include a discussion with a representative from Transportation Agency for Monterey County (TAMC) about roundabouts and other safety issues. 10 City Council Minutes April 2, 2024 Mayor Williamson announced that he had spent a week and a half in Europe, including speaking on a panel discussion in Monaco on impacts of sea level rise on coastal communities, and visiting Monterey's sister city of Dubrovnik, Croatia, which he said was interested in partnering with Monterey Jazz Festival. He said that the sister city program provided a special opportunity to think about international relations from a small local perspective. He said he was interested in working toward Monterey hosting an ocean conference. CITY MANAGER REPORTS City Manager Uslar announced that registration for the Parks and Recreation summer programs was now open. ADJOURNMENT The Council adjourned at 11:28 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 11