Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 1, 2025 4:00 PM 7:00 PM COUNCIL CHAMBER, 580 PACIFIC ST. MONTEREY, CALIFORNIA Councilmembers Present: Barber, Garcia, Rasch, Smith*, Williamson Absent: None * Attended remotely by teleconference pursuant to Gov. Code sec. 54953(f)(2)(A) for just cause City Staff Assistant City Manager, City Attorney, Finance Director, Community Present: Development Director, Police Chief, Library & Museums Director, Public Works Director, City Clerk, Parking Superintendent, Parks Supervisor, Public Works Administrative Services Manager, Housing Manager, General Services Superintendent, Assistant Police Chief, Lieutenant, Police Lieutenant, Senior Administrative Analyst, Acting Harbormaster, Division Chief, Administrative Assistant AFTERNOON SESSION: 4:00 p.m. to 6:00 p.m. Teleconference Notice This meeting was held with a combination of in-person and teleconference attendance, pursuant to the Ralph M. Brown Act. Call to Order Mayor Williamson called the meeting to order at 4:02 p.m. City Clerk Klein called the roll with the Council present as indicated above. Councilmember Smith confirmed that he could hear the meeting proceedings, gave a brief description of the circumstances relating to his needs to appear remotely pursuant to the "Just Cause" clause (travel on official business of the City), and stated that no person over the age of 18 was present in the room with him during the meeting. Presentations (Afternoon) 1. Recognize the 15th Anniversary of Whalefest Monterey (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Recognized the anniversary Mayor Williamson presented the proclamation, and representatives from Whalefest Monterey made brief remarks. Public comment was received from: Nancy Soulé, who said that Whalefest could use more volunteers and asked people to sign up; Nina Beety, who expressed concerns about impacts of underwater sounds on marine life; Lorna Moffat, who expressed concerns about warming of Monterey Bay; and Eloise Shim, who complimented the City on the cleanliness of the Wharf. 2. Receive a Presentation on Pension Management Strategy and Long-Term Financial Plan (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation  City Council Minutes April 1, 2025 Finance Director King introduced Andrew Flynn and Cameron Weist of Cal Muni Advisors, who gave the presentation and answered Councilmembers' questions. The Council expressed interest in pursuing a more long-term strategy and finding ways to make additional payments to reduce the overall interest to avoid burdening future generations. Public comment was received from: Erica Walker, who said that making small payments over time would make a big difference in paying off the City's pension burden; Debby Majors-Degnan, who asked the City to look at employee overtime and how it impacts pensions; Eloise Shim, who said that the pension system overall was mismanaged and complicated; and Lorna Moffat, who expressed concern that the pension system would not remain solvent and reliable for pensioners. General Public Comments Public comment on non-agendized matters was received from: Carol Chorbajian, of Measure P & S Oversight Committee; Eloise Shim; Lorna Moffat; Bryan Rosen; and Colin Gallagher. During public comments, Councilmember Garcia left the Chamber from 5:09 p.m. to 5:11 p.m., and Mayor Williamson left the Chamber from 5:13 p.m. to 5:16 p.m. Consent Agenda Mayor Williamson stated that a member of the public had requested Item 6 to be pulled from the Consent Agenda. Councilmembers Rasch and Smith said they would both register a "no" vote on Item 5. Community Development Director Cole answered Council's brief questions about Item 7. Public comment on the Consent Agenda was received from: Nancy Soulé, who said that the Rental Registry item was not properly noticed to the public; Erica Walker, who expressed concern about technology required to register and said that some property owners were thinking about selling due to the Rental Registry; and Lori Mazzuca, who requested that the Council abolish the Rental Registry altogether. On a motion by Councilmember Barber, seconded by Councilmember Rasch, and carried by the following roll-call vote, the City Council approved the Consent Agenda, except Item 6, and with Councilmembers Rasch and Smith registering a "no" vote on Item 5: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Consent: Approval of Minutes 3. March 18, 2025 Regular Meeting (Not a Project Under CEQA per Article 20 Section 15378 and Under General Rule Article 5 Section 15061) Action: Approved Consent: Award of Construction Contracts 4. Awarding a Construction Contract in the Amount of $2,034,807.22 to McKim Corporation for the Citywide Road Surface Repair Project 24/25 (Exempt from CEQA Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 25-019 C.S. 2  City Council Minutes April 1, 2025 Consent: Ordinances 5. 2nd Reading of an Ordinance Amending Chapter 8, Sections 2.02 and 2.03 Relating to the Rental Inventory Program Exempt Properties Reporting and Fee Pass-Through (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Ordinance No. 3700 C.S. (3-2, Councilmembers Rasch and Smith voting no) Consent: Resolutions 6. Authorize the Finance Director to Appropriate $800,000 from the Neighborhood and Community Improvement Program (NCIP) Ending Balance Account to Previously Approved NCIP Forest Management and Fuel Reduction Project ***NCIP*** (Mitigated Negative Declaration approved on October 25, 2022) Action: Pulled from Consent; Adopted Resolution No. 25-020 C.S. Public comment was received from Nina Beety, who asked that no funding be appropriated to fuel management projects. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-020 C.S.: 7. Authorize the City Manager to Sign an Exclusive Negotiating Agreement One Year Extension with MidPen Housing for Development of Affordable Housing at 587 and 593 Van Buren Street, 424 and 450 Madison Street (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-021 C.S. End of Consent Agenda Afternoon Session Items Public Hearing (Afternoon) 8. Extend Urgency Ordinance No. 3696 to Temporarily Prohibit the Establishment and Operation of New Firearms and Ammunitions Retail Sales Businesses in the City 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. 3701 C.S. Community Development Director Cole gave a verbal presentation and answered Councilmembers' questions. Public comment was received from Colin Gallagher, who spoke against the ordinance, stating that the City should be more business-friendly. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Ordinance No. 3701 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3  City Council Minutes April 1, 2025 9. Amending and Restating Resolution 24-018, The Master Fee Schedule, to Update the Community Development, Fire Department, Parks and Recreation, Library and Museums, Police Department, Public Works Department, Parking Division, and Harbor Division Fees (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 25-022 C.S. Finance Director King gave a brief verbal presentation and answered Councilmembers' questions together with Community Development Director Cole. Public comment was received from Julie Gorman, who spoke against adding the zoning clearance permit fee to the Master Fee Schedule before the ordinance adding the zoning clearance permit itself had been agendized before the City Council, and Lorna Moffat, who asked the Council not to raise fees. On question from Council, Community Development Director Cole explained the ministerial process for approving business licenses and said that the Community Development Department did not review or have an approval ability for business licenses. She explained that under the new process new businesses would apply for a permit and Community Development Department staff would confirm that they met the zoning regulations of the district. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-022 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Study Session 10. Conduct Council Field Trip to the Central Public Safety Facility (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Conducted field trip The Council and public convened outside the door to the Council Chamber at 6:02 p.m. Police Chief Hober led them across Madison Street for the field trip to the City's public safety facilities at 351 Madison Street, beginning at the Police Department where he verbally presented while leading a tour of the police building which he said had been built in 1959. As the group proceeded through the Police Department, Chief Hober pointed out issues that he said needed addressing, which included substandard working and storage conditions in the evidence room, deficient plumbing infrastructure that had caused leaks of raw sewage into the shower area, cramped locker rooms and offices, and inadequate security of the parking lot. The group next proceeded to the Emergency Operations Center ("EOC"), and then to the Fire Department where Fire Chief Miller verbally presented the Fire portion of the field trip tour, through the temporary building that housed Fire Administration and then into Fire Station 11. As the tour continued, he pointed out issues that he said needed addressing, such as insufficient office space, office space being affected by fumes from the apparatus bay, a ceiling leak in the sleeping quarters, and laundry equipment being housed outdoors and affected by the elements. The two chiefs answered Councilmembers' questions as they arose, with additional input and answers to questions throughout the tour were provided by Assistant City Manager Rojanasathira, Public Works Director Renny, and General Services Superintendent Dwight. 4  City Council Minutes April 1, 2025 Public comment was received from Karen Brown, who spoke about the history of the facility and said that in any facility update there needed to be an apology for how things were done with the Dutra Street Native American village in the past, and Esther Malkin, who thanked the City's public safety staff and said that they deserved better working conditions. The Council recessed at 6:52 p.m. and reconvened at 7:12 p.m. EVENING SESSION AGENDA: 7 p.m. to 10:30 p.m. Pledge of Allegiance Councilmember Garcia led the Pledge. General Public Comments, Continued Continued public comment on non-agendized matters was received from Erica Walker and Nina Beety. Evening Session Items Presentations (Evening) 11. Receive a Presentation on the Monterey Public Safety Facility Feasibility Study (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received presentation Public Works Director Renny gave the staff presentation together with Jeff Katz of COAR Design Group, and they answered Councilmembers' questions with additional input from Dustin Alamo of Griffin Structures, Inc., Assistant City Manager Rojanasathira, and Police Chief Hober. Public comment was received from: Esther Malkin, who said it was time for the City to put some money toward providing a better public safety facility and that it was a higher priority than undergrounding utilities; Lori Mazzuca, who said taxes and costs are already high for residents and said a sales tax would be more fair; and Lorna Moffat, who said the City would need to be creative and find less expensive options. The Council discussed the matter. It was stressed that a reimagined public safety facility would need to meet current staffing levels and anticipate growth in staffing over the next few decades. On question from the Council, Police Chief Hober said that there were many options and said that the two presented options were excellent for the site in question and that many city services could be housed together in a facility at a different site. Fire Chief Miller said he would prefer to stay at the site but completely bring it up to modern construction standards. The Council expressed that they were interested in receiving information on and considering all options, and presented additional suggestions, including: expanding the current designs to allow for second floor office space for non-public-facing city departments like Human Resources or Information Services Division to utilize without impacting public safety functions; taking advantage of additional space at the Monterey Public Library facilities; using the City's Ryan Ranch property (former McGraw Hill) to reenvision City Hall altogether, not only public safety functions; potentially collaborating with other local agencies to share resources for facilities such as gun ranges; and potentially creating a public safety joint powers agreement ("JPA") with the cities of Pacific Grove 5  City Council Minutes April 1, 2025 and Carmel. Discussion was held on the subject of incorporating other city facility needs into the public safety facility project. Preference was expressed for restructuring the current designs so that there was a public-facing space, and for staying centrally located in the downtown area, stating that it would provide accessibility for and outreach with communities such as Monterey High School students and homeless populations who both frequented the Monterey Public Library across the street. It was stated that it would be desirable to create a student community academy. Financing was discussed, and on the one hand it was stated that the public was already weighted down with several bond measures, and on the other hand it was noted that voters had passed the recent Monterey Peninsula Unified School District bond and that because fire protection was on the residents' mind that this was a good time for a bond measure. It was noted that Monterey Fire Department contracted with numerous local jurisdictions and that there might be the potential to get up-front financial assistance from these agencies in exchange for continued service. More information was requested on matters such as: an analysis indicating what a McGraw Hill location would mean for response times; a cost/benefit analysis of all options beyond only costs but also benefits and disadvantages; a cost/benefit analysis on impacts from not moving forward and continuing to "bandaid" the facilities, including recruitment and retention issues; the vote threshold for a bond measure and whether it would be lower if it resulted from a citizen initiative instead of being put on the ballot by the City Council; an analysis of bond and other financing options; and how the future need for a fire station in the Highway 68 corridor would be incorporated into facility planning. It was stated that it would be good to begin to strategize messaging and outreach to foster public support from residents. The Council recessed at 9:10 p.m. and reconvened at 9:18 p.m. 12. Receive Police Department Annual Report - 2024 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received 2024 annual report Police Chief Hober gave the staff presentation and answered Councilmembers' questions, with additional input provided by Lieutenant Pinkas. In the interest of time, Mayor Williamson limited the speaking time to two minutes per speaker. Public comment was received from: Tammy Jennings, who expressed kind words to Chief Hober about his upcoming retirement; Esther Malkin, who complimented Chief Hober and the Monterey Police Department for their accomplishments and many collaborations with the community; and Chinyere Ogbonna, who thanked Chief Hober for the Police Department's Community Academy, which she described as impactful. On question from the public, Chief Hober said that he appreciated Police Department substations for certain specific functions but felt that overall the department should be centrally located. The Council discussed the report and commented positively on Chief Hober's leadership strengths. It was noted that the Monterey Police Department answers many calls and stressed that the Monterey Police officers deserve recognition. 13. Receive Annual Report of the Police Automated License Plate Recognition (ALPR) System (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received ALPR annual report 6  City Council Minutes April 1, 2025 Police Chief Hober gave the staff presentation on the implementation and use of the Automated License Plate Recognition (ALPR) system since its deployment in December 2024, and provided information on the improvements made to the Police Department's ALPR policy. He answered Councilmembers' questions, with additional input provided by Lieutenant Kaster. In the interest of time, Mayor Williamson limited the speaking time to two minutes per speaker. Public comment was received from: Lori Mazzuca, who asked about the issue of many cars not having front license plates; Esther Malkin, who spoke in support of the ALPR technology; Eloise Shim, who said she was now supportive of the ALPR system, and spoke highly of Chief Hober; and Nina Beety, who spoke in opposition to ALPR system, citing concern about the ability to access the data with ill intent. In response to public comments, Chief Hober said that most ALPR readers read rear license plates. The Council and Chief discussed the report and policy. Positive remarks were shared about the department's ALPR transparency portal, and it was suggested to update the map of device locations and to consider providing a breakdown of locations by Council district. It was questioned whether there were any coverage gaps. On question from the Council regarding whether there were any coverage gaps or need to add more cameras at "choke points," Chief Hober said that over time and with more use it was possible that analysis would lead to improvements. On the subject of the policy, appreciation was expressed for the proactive improvements to the policy. On the other hand, it was discussed whether changes to the policy should require prior approval from the Council. On question from the Council, Chief Hober explained that his policy revisions were prompt in relation to the recognition of their need, and that bringing each adjustment to the Council would create delays and logistical challenges. He reiterated that policy updates would continue to be reported in the annual report, and City Attorney Davi expressed that this was recommended and was consistent with the City's police policy update practices. It was suggested by the Council to add more detail about the department's required ALPR training into the policy to make sure that the training was applied consistently over a longer period of time. On question from the Council, Chief Hober provided context about the system's "hot list" alerts (regarding license plates associated with vehicles confirmed to be used in a crime) and how they were used as opposed to investigative searches. Regarding data sharing between agencies, concern was expressed about the potential of the City's ALPR data being accessed by external agencies such as the U.S. Immigration and Customs Enforcement ("ICE"), Chief Hober reiterated that the department and six other agencies had signed a memorandum of understanding ("MOU") together that included promising to comply with the policy and not share data with out of state agencies or federal agencies. Public Appearance (Evening) 14. Receive Annual Report and Renew the Military Equipment Purchase and Use Ordinance – Monterey City Code, Chapter 27, Article 3, Section 27-10, and Authorize the Acquisition of Additional Military Equipment Including a Crisis Negotiating Team Command Vehicle, Four Unmanned Aerial Systems, and Replace Eight Patrol Rifles (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Received annual report, Adopted Resolution No. 25-023 C.S. 7  City Council Minutes April 1, 2025 Assistant Police Chief Bruno gave the staff presentation and answered Councilmembers' questions. Public comment was received from Nina Beety, who asked for the number of drones to be limited to one. On question from the Council, Assistant Police Chief Bruno said that high-end drones could be used in some scenarios and that in other scenarios you would not want to risk your high-end equipment and would want to use less expensive drones. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following roll-call vote, the City Council adopted Resolution No. 25-023 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Rasch, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Council Comments Councilmember Rasch announced that the Association of Monterey Bay Area Governments (AMBAG) was currently soliciting opinions on Connect Monterey Bay 2050, a document for long term transportation planning, and shared the dates of related upcoming public workshops. City Manager Reports Assistant City Manager Rojanasathira shared that the recent Resident Parking Program town hall meeting was successful and said that there was an online survey available on the Have Your Say Monterey site regarding the program. He announced that the pool at the Monterey Sports Center was being renovated and was expected to reopen around June 1, 2025. He announced the upcoming "Bunny Hop Photo Op" event and congratulated Monterey Recreation Department for its recent receipt of numerous Monterey Herald reader choice awards. Adjournment The Council adjourned at 11:09 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 8