City Council

May 2, 2023 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway Saratoga Springs, New York 7:00 PM 7:00 PM CALL TO ORDER ROLL CALL SALUTE TO FLAG PUBLIC COMMENT PERIOD / 15 MINUTES PRESENTATION 1. Public/Private Partnership to Immediately Assist Unhoused in Saratoga Springs 2. Skate Park and Veterans Memorial Park Playground CONSENT AGENDA 1. Approval of 4/14/2023 Pre-Agenda Meeting Minutes 2. Approval of 4/18/2023 City Council Meeting Minutes 3. Temporary Outdoor Dining Permit Approvals 4. Approve Mid-Warrant 2023, 23MWAPR3 $208,723.57 5. Approve Warrant 2023, 23MAY1 $383,690.79 6. Approve Payroll 04/21/2023 $743,750.07 7. Approve Budget Transfers – Revenue 8. Approve Payroll 4/28/2023 $470,549.94 9. Approve Budget Transfers - Regular 10. Approve Budget Amendments – Capital 11. Approve Budget Amendments - Regular MAYOR’S DEPARTMENT 1. Discussion and Vote: Resolution on Public/Private Partnership to Immediately Assist Unhoused 2. Discussion and Vote: Resolution on Restorative Justice in Saratoga Springs 3. Proclamation: May is Jewish American Heritage Month 4. Proclamation: Second Week in May is Lung Cancer Action Week 5. Discussion and Vote: Award of $10,000 Mayor’s Non-Profit Grants 6. Announcement: Appointment to Zoning Board of Appeals 7. Discussion and Vote: Authorization to Pay Invoice to Delta Development in Amount of $6,428.50 8. Discussion and Vote: Authorization for Mayor to Sign Service Agreement with It’s Climb Time, LLC 9. Discussion and Vote: Authorization for Mayor to Sign Youth Service Project Minor Contract with the County of Saratoga 10. Discussion and Vote: Authorization to Reimburse Employee #3083 in Amount of $350 City Council Meeting 5/2/2023 11. Discussion and Vote: Authorization to Pay Invoice to NYS Recreation and Parks Society in Amount of $700 12. Discussion and Vote: Resolution in Support of New York Sire Stakes Eligibility Legislation 13. Discussion and Vote: Authorization for Mayor to Sign Contract with Goldberger & Kremer 14. Proclamation: Dr. Donna Cohen is Saratoga County Citizens Committee for Mental Health Citizen of the Year 15. In Memoriam: Elio Delsette ACCOUNTS DEPARTMENT 1. Award of Bid: Chassis Type 1 Ambulance to Gorman Emergency Vehicles 2. Award of Bid: Loughberry Lake Water Quality and Safe Yield Study to Barton and Loguidice 3. Set Public Hearing: Amend Chapter 136, Article IVA of the City Code, Temporary Outdoor Dining End Date 4. Discussion and Vote: Authorization for Mayor to Sign Addendum One with GAR Associates 5. Discussion: Short Term Rentals 6. Announcement: Downtown Advisory Committee Workshop May 17, 2023 7. Announcement: Grievance Class is May 9, 2023 and Grievance Day is May 23, 2023 8. Announcement: Business Milestones 9. Announcement: Special Events FINANCE DEPARTMENT 1. Discussion and Vote: 2022 Preliminary Financial Report 2. Announcement: Participatory Budgeting Accepting Project Proposals Through July 1, 2023 3. Discussion and Vote: Resolution on Forfeiture of Assets Seized in Criminal Activity in the City of Saratoga Springs 4. Discussion and Vote: Budget Amendments – Fund Balance 5. Discussion and Vote: Budget Transfers – Payroll & Benefits PUBLIC WORKS DEPARTMENT 1. Discussion and Vote: Authorization for Mayor to Sign Intermunicipal Recycling Agreement 2. Discussion and Vote: Authorization for Mayor to Sign Sidewalk Installation Agreement with Peter Sinram for Jackson Street 3. Discussion and Vote: Authorization for Mayor to Sign Agreement with Rick Schrade for Sewer Installation at 12 St. Raymond Court 4. Discussion and Vote: Authorization for Mayor to Sign Agreement with SoBro Conservancy of Saratoga for Water Service 5. Discussion and Vote: Authorization for Mayor to Sign contract with Barton & Loguidice for a Lake Water Quality Update Study 6. Discussion and Vote: Authorization for Mayor to Sign Addendum #3 with Clark Patterson Lee for the WTP Intake Valve Replacement Project 7. Discussion and Vote: Authorization for Mayor to Sign Contract with Pompa Brothers for Asphalt 8. Discussion and Vote: Authorization for Mayor to Approve Invoice Payment to Blue Beam for Computer Program 9. Discussion and Vote: Authorization for Mayor to Sign Utility Work Agreement with the Department of Transportation 10. Announcement: Publishing of MS4 Annual Report PUBLIC SAFETY DEPARTMENT 1. Set a Public Hearing: Ordinance to Prohibit Possession of a Firearm in a Public Place While Intoxicated or Impaired by Alcohol and/or Drugs 2. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Tuff Kote Flooring, LLC Page 2 of 10 City Council Meeting 5/2/2023 3. Discussion and Vote: Authorization for the Mayor to Sign Change Order #10 with Hueber Breuer for Fire Station 3 4. Discussion and Vote: Authorization for the Mayor to Sign Change Order #11 with Hueber Breuer for Fire Station 3 5. Discussion and Vote: Authorization for the Mayor to Sign Change Order #12 with Hueber Breuer for Fire Station 3 6. Discussion and Vote: Authorization for the Mayor to Sign a Contract with Gorman Emergency Vehicles SUPERVISORS 1. Nothing at this time. ADJOURN Page 3 of 10 City Council Meeting 5/2/2023 May 2, 2023 CITY OF SARATOGA SPRINGS City Council Meeting 474 Broadway Saratoga Springs, New York 7:00 PM PRESENT: Ron Kim, Mayor Minita Sanghvi, Commissioner of Finance Dillon Moran, Commissioner of Accounts Jason Golub, Commissioner of Department of Public Works Jim Montagnino, Commissioner of Department of Public Safety STAFF PRESENT: Angela Rella, Deputy Mayor Heather Crocker, Deputy Commissioner of Finance Stacy Connors, Deputy Commissioner, Accounts Joe O’Neill, Deputy Commissioner of Public Works EXCUSED: Jason Tetu, Deputy Commissioner, Department of Public Safety Matthew Veitch, Supervisor Tara Gaston, Supervisor RECORDING OF PROCEEDING The proceedings of this meeting were taped for the benefit of the secretary. Because the minutes are not a verbatim record of the proceedings, the minutes are not a word-for-word transcript. CALL TO ORDER Mayor Kim called the meeting to order at 7:00 p.m. CONSENT AGENDA Commissioner Sanghvi moved and Commissioner Moran seconded to approve the consent agenda as attached. 1. Approval of 3/31/2023 Pre-Agenda Meeting Minutes 2. Approval of 4/4/2023 City Council Meeting Minutes 3. Approval of 9/6/2022 City Council Meeting Minutes 4. Temporary Outdoor Dining Permit Approvals 5. Approve Payroll 04/14/2023 $457,115.50 6. Approve Payroll 04/07/2023 $690,563.54 7. Approve Warrant 2023 23APR2 $1,323,625.06 8. Approve Mid-Warrant 2023 23MWAPR2 $830,044.40 9. Approve Mid-Warrant 2023 23MWAPR1 $20,001.05 Page 4 of 10 City Council Meeting 5/2/2023 10. Approve Budget Transfers – Regular 11. Approve Budget Amendments – Regular Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, Commissioner Montagnino, and Mayor Kim) Nays – 0 PUBLIC COMMENT Mayor Kim advised there are new rules to public comment. People have 4 minutes to speak. At that time, the speaker will be asked to stop. He asked all to be kind; not interrupt; and exercise free speech. He also asked the speakers to be factual. The Council members may respond if they choose. He will also hold a public comment period at the end of the City Council meeting. Mayor Kim opened the public comment period at 7:03 p.m. Rose Tait of Saratoga Springs stated she has parked cars on Lincoln Avenue since 1971. She asked when has there ever been an accident on Lincoln Avenue. The only reason the road is one-way because NYRA wanted a taxi stand. It is time to re-evaluate that and make it right. There are eight 40-foot containers blocking the air. Sherry Grinter of Saratoga Springs stated turning the Adelphi Street location from Code Blue to a homeless shelter is going to put people on the street in the winter. This will be hurting people not helping them. She urged the Council to keep it as is. The resolution states the City is going to pay for all of this; are they going to pay for the cots? Lisa Banden of Saratoga Springs stated she wrote her first letter April 2021 to Commissioner Dalton regarding issues on upper Division Street (letters attached). After that letter, the Department of Public Works installed a curb at Van Rensselaer and Division Streets. She presented two petitions in favor of alternate side parking and the other is for the west side recreational parking opposite of the residences. Both petitions are for a short stretch of road from Beekman Street to Van Rensselaer Street. She also asked the City to make improvements to pedestrian crosswalks, install flashing walk lights, lower the speed limit to 15 m.p.h., and post signs making it school zone friendly. Ms. Banden submitted pictures (attached) to show the need for curbs. Tom McTygue of the Horsemen’s’ Association at Saratoga Harness thanked the mayor and Commissioner Moran for attending the meeting at the Casino Hotel. He is here to answer any questions the Council may have regarding the resolution on tonight’s agenda. The farms around the County sell hundreds of thousands of dollars of hay and straw; the car distributors are selling trucks to the people at the track; and feed from local businesses is sold to the track. This industry is a spin-off for the local businesses. The industry is coming back and they are seeing higher purse amounts and handle than they have ever seen. Lexis Figuereo of Saratoga Black Lives Matters stated there is a resolution to bridge the gap and abide by one of the 50 points of the Police Task Force. They saw the PBA statement that the resolution is about catering to a few people who are not from this City. The City of Saratoga Springs Police Department is under investigation for Civil Rights violations. Saratoga Springs has one of the longest and consistent movements throughout New York State and still exercising their rights. They will continue to have their voices heard and until the charges are dropped, things may be a little more disruptive, maybe more like 2020. Chandler Hickenbottom of Saratoga Springs stated she knows Commissioner Montagnino thought he was going to get rid of her. She feels it is funny the Council is talking about restorative justice and there are activists still be criminalized for using their voices. The City is under investigation for Civil Rights violations. Commissioner Montagnino clearly doesn’t care and listens to everyone else other than the people who have been in the streets. Commissioner Montagnino thinks they can’t take him out of office, but they can. Page 5 of 10 City Council Meeting 5/2/2023 Will of the Party for Socialism and Liberation and the ANSWER Coalition (Act Now to Stop War End Racism) is here to speak in solidarity with Saratoga Black Lives Matters and others about the on-going harassment of Chandler Hickenbottom and Lexis Figuereo. He is a registered nurse and former union representative that has organized, picketed, and marched for people to receive for rights of patients, hospital staff, and community members to receive fair and equal treatment in health care, in their lives, and to receive fair treatment in all walks. Bogus charges eventually are dropped but it is a long and unnecessary process. He demanded the merry-go-round of hostility end and the charges against Chandler and Lexis be dropped. Kristen Dart of Saratoga Springs stated she sat on the Police Task Force and listened to peoples’ comments and made changes accordingly. Systematic problems call for systematic solutions. The belief is there has never been and issue and currently there is no issue within the Police Department. Commissioner Montagnino and the Police Department have said they will continue to make arrests if there are future disruptions, including white people. This is about power. Imagine how frustrated they are that because they are black their homes are targeted for urban renewal. Pastor Allison Clark of the Saratoga Springs United Methodist Church read a statement (attached) on behalf of Daesha Harris. Ms. Harris stated she supports the proposed resolution on restorative justice. The City of Saratoga Springs has been sued numerous times and lost over discrimination and misconduct in multiple areas including employment, housing, and public safety. In 2016, the International Association of Chiefs of Police issued a formal apology to the nation’s minority population for actions of the past and the role their profession played in society’s mistreatment of communities of color. The Saratoga Springs Police Department finds themselves immune to this. Ms. Harris thanked the Council for taking a step to move the community towards positive change. Alexis Brown of Saratoga Springs stated she has seen more black people murdered by police in this country and more black people tackled to the ground and subdued by police in this City. She broke the rules at a City Council meeting by speaking beyond her allotted time while the former mayor banged her gavel. The person who spoke up, told her to keep going, and told the mayor to listen to what she was saying was Lexis Figuereo. The person who was charged for obstructing governmental administration was Lexis. No one should be criminalized for standing up for what it right or for speaking of their true lived experiences. She will not allow the Council or the Police Department to create a false narrative that outsiders and non-residents to push an agenda that has no bearing in the City of Saratoga Springs. She dared the Council and the Police Department to say their stories don’t matter, their experiences are lies, and they don’t have as much of a stake in this community as the rest. Samira Sangare of Saratoga Black Lives Matters stated she, other members of Black Lives Matters, the opposition all did the same thing Lex has done and only he has been arrested. She is happy about the restorative justice resolution but restorative justice doesn’t start until the charges against Chandler and Lex are dropped. Change started in Saratoga when Chandler refused to cede the mic. They are tired of being targeted in America and they are tired of being targeted in Saratoga Springs. Julie Lewis of Saratoga Springs, co-founder of C.R.E.A.T.E Community Studios, stated she was encouraged by Joy King to use funds received from Saratoga Arts to explore the impact of what happened to the black people in Saratoga Springs. In the 1960’s, the Saratoga Springs Urban Renewal Agenda accepted federal funds and bought neighborhoods of mostly black and brown community members and poor people under the direction of Donald Veitch, the grandfather of Paul Veitch, president of the PBA. This is one example of systemic racism in the City of Saratoga Springs. It is clear from the actions of the Saratoga Springs Police Department that they are not ready to take responsibility for their part in the systemic racism in Saratoga Springs. Sergeant Veitch claims racism doesn’t exist within the Police Department, which is the most racist thing that can be said. It is not for white people to determine if racist actions are happening. She encouraged the entire Council to vote in favor of the resolution. (Ms. Lewis’ statement is attached) Dio of stolen land stated they saw two black lawmakers in Tennessee retaliated against and silenced and justice has already been restored there. Is Saratoga Springs more racist than the clan is? Page 6 of 10 City Council Meeting 5/2/2023 Edan Kopans stated she has been to a lot of protests where black activists were arrested. She has never felt in danger of being arrested because she is white. People can’t be arrested for the fun of it; restorative justice has to be passed because there is a clear problem. People are being arrested in an unjust way and some commissioners feel it’s okay. She urged the Council to vote in favor of the resolution. The majority of the people want is justice. Hanna Hurley of Saratoga Springs asked for the charges to be dropped against the Black Lives Matters advocates. She also supports the resolution on restorative justice. Owen Shorff of Saratoga Springs asked when Saratoga Springs is going to find its humanity for black and homeless people. How many times are his black friends going to be hit with phony charges? There has been a major problem in this City longer than Commissioner Montagnino has lived here. Conversations are beginning to happen; it is a start. Tracey Krosky stated the City Council has lost a lot of valuable time. For over a year, people have been asking for action while using their ‘nice’ voices. Chandler plead with the Council in February to care about the trauma in this community and charges were pressed against Chandler. Commissioner Sanghvi’s resolution regarding seized assets is a step in the right direction. The PBA shows they operate under different rules than the rest of the people due to the statement they made. She learned at the last meeting when the Council was discussing no-knock warrants that there is a loop hole in the resolution that will allow a no-knock warrant in an extreme case where a judge allows it. The laws are only as good as the system they operate within. The system is fully engulfed in white supremacy with one judge who signed arrest warrants weeks after a July 2021 protest and supported unlawful detainment charges against some of the people who were near a car during a protest. She has not trust in that judge to be able to determine reasonable determination of what extreme circumstances are. The Council is unwilling to listen unless they are forced to listen. This Council’s inaction over the past year have put Black Lives Matters organizers in danger. Anna of Skidmore College and a representative of the Skidmore Student Worker Union stated it was interesting that Commissioner Montagnino received 30 e-mails stating they are uncomfortable with Saratoga Black Lives Matters being at the City Council meetings. She asked Commissioner Montagnino how it feels to prioritize white comfortability over the lives of black people. The charges against Chandler and Lexis shows the feelings of wealthy white people take precedence over the lives of black people in Saratoga. This injustice is intolerable and she promised that Skidmore is going to make a ruckus if this keeps up. Black Saratogians are telling the Council what they need and here is where the Council listens; you pass the restorative justice plan tonight, you pass every point in the 50-point plan, and drop the charges against Chandler and Lexis. Isreal Merlot of Skidmore College stated he is here to denounce the punishment of freedom of speech in Saratoga Springs by a Council member. He asked Commissioner Montagnino to drop the charges against Chandler and Lexis and asked the council to pass the restorative justice resolution and all 50-points. Chris Mathiesen of Saratoga Springs stated he e-mailed the Council on both points he is here to speak about. The no-knock restriction in line with what the practice has been within the Police Department in the past. Mr. Mathiesen grew up in Saratoga Springs and the community wasn’t filled with hate and racism as suggested in the sixth paragraph of the resolution. He suggested re-wording that paragraph. Grace of Skidmore College stated the charges against Lex and Chandler should be dropped. It is time for Saratoga Springs to acknowledge, apologize, and reconcile structural racism of this town. This city should start by taking accountability for the murder of Darryl Mount. During her four years of living in Saratoga Springs it is apparent to her that Black Lives Matters is a pillar of this community. It is important to identify why the injustices exist. Barry Tillman of Saratoga Springs stated his fiancé was arrested for something she didn’t do and then was threatened by the police officer who arrested her. The police told him they couldn’t give him his phone back. Page 7 of 10 City Council Meeting 5/2/2023 Jackie Cruise stated last year he raised concern about the original people on the mural in the Council Room and nothing came of it. He asked for all charges to be dropped against the activists. Phil Staiger of Saratoga Springs stated this division breaks his heart because he loves this town. Saratoga was not like this. He could not speak highly enough of what Saratoga was about. Everyone is messing this up. This Thursday is a national day of prayer and people will be praying for this city. Student of Skidmore College and president and founder of the first Black Student Union (BSU) at Skidmore and in this city asked for the passage of the restorative resolution and the 50 points. She told Commissioner Montagnino that he should be afraid of her. She is going to continue to be educated and take people like him out of this world; the whole Council can take that how they wish. This is disgusting and the entire Council is incompetent. She said they are going to take all the white supremacists out of this world. Patrice Figuereo stated the Council is cowards. Mayor Kim consistently tells one side of the room to calm down when the other side of the room speaks up, says racist things, and tries to say there is no racism in Saratoga. The Council gives her anxiety, PTSD, and trauma. She has been abuse, brutally beaten, and basically sexually assaulted by the Saratoga Springs Police Department on more than one occasion. She told Commissioner Montagnino he is not important, he is nothing. It was Veitch who refused to take her and her mom’s complaint. She was traumatized before Saratoga Black Lives Matters existed. Samuel Mollek stated he is the definition of an outside agitator in this town. He works for the New York State Legislature; he was Senator Zellnor Myrie’s campaign manager, and Senator Kevin Thomas’ campaign manager. He left this town at age 17 to enter the Army and finds it offensive that an Airforce veteran would be brought up in regards to this discussion. His brothers were classmates of two of the City’s current police officers. He grew up with and knows the Arpey family. Mr. Mollek stated, “do not tell him there is no racism on this police force or in this town.” He told Commissioner Montagnino he is wrong and should resign. Mayor Kim closed the public comment period at 8:43 p.m. Council took a break at 8:43 p.m. Council returned at 8:59 p.m. Mayor Kim advised there is an executive session that will be held at the end of the meeting and the two presentations are being pulled from the agenda due to the hour. MAYOR’S DEPARTMENT Discussion and Vote: Resolution on Public/Private Partnership to Immediately Assist Unhoused Mayor Kim stated this is in addition to what Code Blue would do, not instead of. There will not be a vote tonight, as they need to send out requests for proposals in regards to this project. He thanked Julie and Sonny Bonacio for making this a reality. Discussion and Vote: Resolution on Restorative Justice in Saratoga Springs (23-246) Mayor Kim moved and Commissioner Sanghvi seconded to approve the resolution as included with the agenda. Mayor Kim read the following resolution into the record: Page 8 of 10 City Council Meeting 5/2/2023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA SPRINGS, ON RESTORATIVE JUSTICE BE IT RESOLVED, by the City Council of the City of Saratoga Springs, New York as follows: WHEREAS, on August 4, 2020, the City established the Saratoga Springs Police Reform Task Force (the “Task Force”) and appointed eleven (11) members of the community; and WHEREAS, on March 5, 2021, following a thorough and extensive review, with involvement and input from community members, the Task Force, presented to the City Council, fifty (50) specific recommendations in a report entitled: “Reinvention Plan: Toward a Community Centered Justice Initiative” (the “Reinvention Plan”), and WHEREAS, the overall vision of the Reinvention Plan was to establish and define restorative justice in Saratoga Springs and the very first recommendation was to acknowledge, apologize, reconcile and review past conflicts and injustices; and WHEREAS, several communities around the nation have confronted its history of bigotry, racism and hate by defining in their respective communities what restorative justice is for their community; NOW THEREFORE, BE IT RESOLVED as follows: This City Council, acknowledges that Saratoga Springs has supported and allowed racism and hate in areas of housing, employment, law enforcement and other areas of formal and informal life during its history; BE IT FURTHER RESOLVED: That the City Council believes that the first step to true reconciliation and restorative justice is to acknowledge, apologize and review this past and we do that as a City Council today; BE IT FURTHER RESOLVED: That the next necessary step is to begin a community wide dialogue with residents and institutions on defining what restorative justice means to Saratoga Springs in the 21st Century; BE IT FURTHER RESOLVED: To begin this dialogue, on or before May 31, 2023, each member of the City Council and the City’s Supervisors shall appoint, one member each, and the Mayor shall appoint co-chairs to a “Restorative Justice Panel” that shall seek to define via community input and dialogue a “Saratoga Springs” Restorative Justice Program.” BE IT FURTHER RESOLVED: The Restorative Justice Panel shall report its recommendations on a “Saratoga Springs Restorative Justice Program” to the City Council on or before December 19, 2023. Commissioner Montagnino stated the resolution fails to mention that on March 31, 2021 the previous City Council accepted a version of the 50-point plan that did not include this language. Mayor Kim stated that is true. He asked the audience to quiet down as Commissioner Montagnino states he does not control this meeting and he wants to charge this room. The officers are outside. Let Commissioner Montagnino speak and move this forward. If this resolution isn’t passed, the program doesn’t get done. Commissioner Montagnino stated this resolution paints the City of Saratoga Springs with the broadest brush possible accusing it of some of the worst sentiments and actions imaginable to the mind. Mayor Kim stated the resolution is as vanilla on the point of racism as it can possibly be. There are no words of collective guilt; there is no statement that everyone in this room or in this City is racist. Commissioner Montagnino is misrepresenting the resolution. Commissioner Montagnino re-read the statement “This City Council acknowledges that Saratoga Springs has supported and allowed racism and hate in areas of housing, employment, law enforcement and other areas of formal and informal life during its history”. If that isn’t an accusation of collective guilt to be spread throughout the City of Saratoga Springs, he doesn’t know what is. Maybe the conversation about racism should start in Congress Park where surviving veterans of the volunteer 77th Regiment paid for the statue of the 77th Regiment. These volunteers offered their lives to fight discourage of racism. That statue sat peacefully for 150 years until it was toppled in 2020. Commissioner Sanghvi stated she has had discussions with Commissioner Moran about inequities that have happened in the City from employment discrimination that has happened over decades. The fact that there is a headline that calls the Saratoga Police Department a racist organization by the NYCLU, the fact that the City is under the Attorney General’s investigation over racist practices - all of this says there is a lot of work that needs to be done. They cannot deny there is racism, discrimination, and bias in the history of this country, the state, and this City. She is voting ‘yes’ for this resolution. Mayor Kim stated it is troubling an elected official is making allegations of a crime to an audience. Commissioner Montagnino asked Mayor Kim what elected official made an allegation of a crime against a member of this audience. Page 9 of 10 City Council Meeting 5/2/2023 Commissioner Moran stated he would like to bring attention to the intentional incendiary remarks of Commissioner Montagnino. The audience is playing into Commissioner Montagnino’s hand as he is trying to incite them to get what he wants. He has lived here his whole life and has seen racism first hand. The notion that racism exists does not mean everyone a racist. This resolution is about starting to grasp the things that have occurred within our society and reconcile them to allow parts of our society to move forward with dignity and respect. Commissioner Moran told Commissioner Montagnino he is disgusting with his tactics. Commissioner Montagnino attempted to continue with his comments when Mayor Kim called the question. Commissioner Montagnino asked the city attorney to advise of the procedure of a four person vote to end a debate. Mayor Kim moved and Commissioner Moran seconded to conclude the debate. Ayes – 4 (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Mayor Kim) Nays – 1 (Commissioner Montagnino) Ayes – 4 (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Mayor Kim) Nays – 1 (Commissioner Montagnino) Commissioner Montagnino stated the resolution states “that the first step to true reconciliation and restorative justice is to acknowledge, apologize and review this past and we do that as a City Council today” and asked when do they start reviewing the past. Mayor Kim recessed the meeting at 9:21 p.m. Council returned at 9:22 p.m. ADJOURNMENT Mayor Kim moved and Commissioner Moran seconded to adjourn the meeting at 9:23 p.m. Ayes – All (Commissioner Moran, Commissioner Sanghvi, Commissioner Golub, and Mayor Kim) Nays – 0 Abstention – (Commissioner Montagnino) Respectfully submitted, Lisa Ribis Secretary to the City Council Approved: 5/16/2023 Vote: 5 - 0 Page 10 of 10