Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 19, 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, Finance Director, Present: Community Development Director, Police Chief, Parks and Recreation Director, Public Works Director, City Clerk, Property Manager, Parks Operations Manager, Engineering Assistant, Planning Manager, Sustainability Coordinator, Recreation Manager, Senior Engineer, Police Lieutenant ***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. GENERAL PUBLIC COMMENTS Public comment on non-agendized matters was received from Steve Lightfoot and Tom Reeves. CONSENT AGENDA Public comment on the afternoon Consent Items 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: 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 1. November 5, 2024 Regular Meeting (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Approved Resolutions 2. Award a Job Order Contract in the Amount of $1,000,000.00 to A & B Fire Protection and Safety, Inc. for Citywide Fire Sprinkler Maintenance & Repair (Exempt from CEQA, Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 24-175 C.S.  City Council Minutes November 19, 2024 3. Adopt a Resolution Approving the Memorandum of Understanding between the City of Monterey and the Monterey Fire Chief Officers’ Association (MFCOA) for the period of July 1, 2024, through June 30, 2027 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-176 C.S. Other 4. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 9 Wharf II (Sandbar & Grill); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Craig Ling; Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Appointed Real Property Negotiators Cole and Aldrete 5. Authorize Mayor Williamson to Sign the Sister City Protocol Agreement between City of Monterey and Kuşadası Municipality, Republic of Türkiye (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Authorized signing the agreement 6. Authorize a Letter in Support of Grant Funding for the SR 156 – Castroville Boulevard Interchange Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the letter 7. Authorize Letter to the Monterey County Board of Supervisors in Response to the Notice of Preparation of a Draft Program Environmental Impact Report for the County of Monterey’s Sixth Cycle Housing Element (2023-2031) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized the letter *** End of Consent Agenda *** PUBLIC HEARING 8. Vacate a Portion of the Unimproved Right of Way on Manzanita Street at Johnson Street (Exempt from CEQA per Article 19, Section 15305, Class 5) Action: Held public hearing; Adopted Resolution No. 24-177 C.S. Engineering Assistant Hennings gave the staff presentation and answered Councilmembers' questions. Public comment was received from: Jaedra Luke, petitioner for the vacation and property owner at 899 Johnson Street, who provided context for her request, stating that the right of way was unsightly, not well maintained, invited unlawful activities, and that she sought to be able to install a fence for privacy; Tom Reeves, who spoke in favor of the vacation based on the petitioner-provided reasons but suggested that the City consider a no-build easement to maximize storm drain access; and Jim Barry, in opposition to the proposed vacation, who said that the lot was used by neighbors and was a habitat corridor for wildlife.,nd that there was room in the petitioner's setback for a fence. On question from the Council: Engineering Assistant Hennings and Planning Manager Hill confirmed that nothing with this approval would authorize removing trees in the right of way; 2  City Council Minutes November 19, 2024 Planning Manager Hill provided information regarding the petitioner's property's setback and fence regulations; Engineering Assistant Hennings provided the Council with more information on the neighboring properties, and features of neighboring land, adjacent to the right of way, and said that access to the sewer would be sufficient with the remaining proposed easement; and Engineering Assistant Hennings explained that the 899 Johnson property included the land with the easement in question, and that the vacation in question would be vacating that portion of the easement. On question from the Council: City Attorney Davi said that the City Council was not legally obligated to vacate the easement; Engineering Assistant Hennings explained that the City had followed the required noticing procedure by placing an advertisement in the newspaper for two consecutive weeks and posting physical notices, and briefly explained the Streets and Highways Code procedure that any property owner could follow to make a similar request; and City Clerk Klein said that the only letter in opposition that had been received was the one submitted by public commenter Jim Barry. A motion was introduced by Councilmember Smith, and seconded by Councilmember Barber, to adopt Resolution No. 24-177 C.S. to vacate a portion of the unimproved right of way on Manzanita Street. In support of the motion, it was stressed that the property belonged to the property owner and that because of this the CIty could not sell or improve on it. It was noted that the longstanding easement had not been in use by the City and that space would still be available in the current easement for neighbors and wildlife to access. 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) 9. Open a Public Hearing to Receive Protests of Proposed Rates Effective January 1, 2025, for Residential and Commercial Solid Waste and Recyclables Collection and Adopt a Resolution Increasing Rates if a Majority Protest Does Not Exist (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Held public hearing and received protests; Adopted Resolution No. 24-178 C.S. Sustainability Manager Terrasas gave the staff presentation and answered Councilmembers' questions. Public comment was not received. City Clerk Klein and Assistant City Manager Rojanasathira conducted the tally and reported that a majority protest had not been received. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 24-178 C.S.: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) 3  City Council Minutes November 19, 2024 *** Adjourn to Closed Session *** Public comment on the closed session was not received. The Council and staff sang "happy birthday" to Councilmember Barber and Assistant City Manager Rojanasathira, following which the Council adjourned to closed session at 5:06 p.m. CLOSED SESSION 10. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 9 Wharf II (Sandbar & Grill) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Craig Ling Under Negotiation: Price and Terms of Payment for Lease Extension (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: On a unanimous roll call vote, confidential direction was given to property negotiators RECESS The Council recessed at 5:29 p.m. RECONVENE The Council reconvened at 7:02 p.m. *** Evening Session Agenda *** PLEDGE OF ALLEGIANCE Councilmember Barber led the Pledge. GENERAL PUBLIC COMMENTS CONTINUED Public comment on non-agendized matters was received from Esther Malkin, Lorna Moffat, and Bryan Rosen. ANNOUNCEMENTS FROM CLOSED SESSION Assistant City Manager Rojanasathira announced the Council's action for Item 10 (closed session), which was that on a unanimous roll call vote, confidential direction was given to property negotiators. PUBLIC APPEARANCE (EVENING) 11. Adopt and Approve Funding for the Fiscal Year 2024/25 Neighborhood and Community Improvement Program ***NCIP*** (Exempt from CEQA per Article 19, Sections 15301, 15303, 15306, Classes 1, 3, and 6, and Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Action: Adopted Resolution No. 24-179 C.S., with separate votes:  Returning to the NCIP Committee the following projects: NM-14 (Cypress Park Tennis Court Resurfacing) (4-0-1, Councilmember Barber recused), NM-04 (New 4 City Council Minutes November 19, 2024 Monterey Neighborhood Plan Update) (5-0), VDM-01 (Casa Verde Way Underpass Murals) (3-2, Councilmembers Barber and Smith voting no), MN-08 (Comprehensive Fire Safety Analysis to Develop Multi-Year Hazard Reduction Program) (5-0), MN-12 (Two Bike Repair Stations) (5-0), and cut-off projects VDM- 03 (Villa Del Monte Radar Speed Signs) and MN-09 (NCIP Opportunity Property Purchasing) (5-0);  Eliminating from consideration the following projects: DF-01 (Deer Flats Install Electrical Disconnect for Decorative Lighting in Neighborhood Entrance Planter) (5-0), RR-01 (Ryan Ranch Park Pickleball Court Construction) (3-2, Councilmembers Haffa and Smith voting no), and OT-01 (New Decomposed Granite at Steps/Sidewalk from Harrison Street to Veterans Drive) (5-0); and  Approving the following projects: MV-01 (Munras Avenue & Via Arboles Curb Ramp Construction) (4-0-1, Councilmember Smith recused), MV-06 (San Bernabe Drive Road Widening & Sidewalk Construction) (4-0-1, Councilmember Smith recused), MV-07 (Munras/Soledad Freeway Entrance Signage) (4-0-1, Councilmember Smith recused), and all other projects in Option 1 (NCIP Committee’s recommendations) not already otherwise approved through the recusal process, returned to the NCIP Committee, or eliminated from consideration (5-0). Senior Engineer Paulding gave the staff presentation outlining projects recommended by the Neighborhood and Community Improvement Program (NCIP) Committee (identified as Option 1), those recommended by City staff (identified as Option 2), and those reviewed by the Planning Commission and Parks and Recreation Commission. He answered Councilmembers' questions with additional input from Community Development Director Cole, City Manager Uslar, and City Attorney Davi. Public comment was received from: Tom Reeves, who spoke regarding the desire to update aspects of the New Monterey Area Plan, and said that until the Planning Commission took official action to discontinue neighborhood plans, it would be good to keep the funding allocated; Jean Rasch, who asked the Council to consider approving Option 1, citing the ballot initiative that formed the NCIP; Jayme Fields, of the NCIP Committee, who asked the Council to consider approving Option 1, saying that following the NCIP process was cumbersome but necessary; Chinyere Ogbonna, Chair of the NCIP Committee speaking on her own behalf, who asked the Council to approve the projects that staff and NCIP Committee recommended in common, and send the remaining projects back to the NCIP Committee for further review; Robert Yoha, who spoke in favor of the North Fremont Gap Bike/Ped Path Grant Matching Funds project (COK-04), Ramona Avenue Sidewalk Infill between Edinburg Avenue and Stuart Avenue (COK-06), and 801 Casanova Avenue Sidewalk Infill (COK-02); A.J. Purdy, of the NCIP Committee, who spoke in favor of approving Option 1, citing the need to consider the NCIP Committee's input; and Rick Heuer, who spoke in support of Option 1 and questioned why projects were brought up as concerns at this late date, stating that the NCIP process included using the second meeting of each cycle to review redundant and ineligible projects. City Manager Uslar provided information in response to public comments, stating that the staff’s recommendations and concerns were not newly brought forward at this meeting but had been brought to the NCIP Committee on June 3, 2024, except for the New Monterey Neighborhood Plan project, which he suggested could be returned to the NCIP Committee to consider including in a new initiative for citywide specific design standards. He provided the language from the charter amendment that had put the NCIP in place, saying that the NCIP Committee brings forth recommendations to the Council and the Council selects from them. He explained that the difference between the project lists was that when projects came off, the cutoff projects 5 City Council Minutes November 19, 2024 bumped up on the list, but that all projects on the list of staff suggestions were projects on which the NCIP Committee had voted and with which they were familiar. It was suggested by the Council that the Council start the discussion by looking at Option 1 and individually reviewing all of the projects for which staff recommended against approval. City Attorney Davi explained that the law required that the Council first review all of the projects for which members would be recused. City Attorney Davi led the Council through the recusal process for the proposed NCIP projects, pursuant to 2 CCR § 18706. She said that Councilmember Barber had a conflict under the 500- foot rule that disqualified her from participating in voting on project NM-14 (Cypress Park tennis court resurfacing). Councilmember Barber left the Chamber at 8:09 p.m. On a motion by Councilmember Haffa, seconded by Mayor Williamson, and carried by the following vote, the City Council returned project NM-14 (Cypress Park Tennis Court Resurfacing) to the NCIP Committee for further consideration: AYES: 4 COUNCILMEMBERS: Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Barber Councilmember Barber returned to the Chamber. City Attorney Davi said that Councilmember Smith had a conflict under the 500-foot rule that disqualified him from participating in voting on project MV-01 (ADA compliant curb ramp construction at Munras Avenue and Via Arboles). Councilmember Smith identified that he was disqualified under the 1000-foot rule from participating in voting on the following projects: MV-06 (San Bernabe Drive road widening) and MV-07 (Munras/Soledad entrance signage). Councilmember Smith left the Chamber. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved projects MV-01 (Munras Avenue & Via Arboles Curb Ramp Construction), MV-06 (San Bernabe Drive Road Widening & Sidewalk Construction), and MV-07 (Munras/Soledad Freeway Entrance Signage): AYES: 4 COUNCILMEMBERS: Barber, Garcia, Haffa, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 1 COUNCILMEMBERS: Smith Councilmember Smith returned to the Chamber. With all project abstention areas voted upon, the Council took up the matter of the projects outside of the project abstention areas. The Council began to discuss the projects that staff did not recommend. Regarding project NM-04 (New Monterey Neighborhood Plan Update), it was stated that the staff's recommendation made sense, and that it was understood that there was a need for the City to reconsider how to go about planning decisions. On a motion by Councilmember Haffa, seconded by Councilmember Barber, and carried by the following vote, the City Council returned project NM-04 (New Monterey Neighborhood Plan Update) to the NCIP Committee, to look at other neighborhood planning concerns and work with City staff to find a way to rescope in a way consistent with the State's direction: 6 City Council Minutes November 19, 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) City Manager Uslar explained that, contrary to some concerned remarks he had heard from the public, when projects were returned to the NCIP Committee for reconsideration, the associated funds also returned to the NCIP. On question regarding project DF-01 (Deer Flats Install Electrical Disconnect for Decorative Lighting in Neighborhood Entrance Planter), Senior Engineer Paulding said that currently the electricity powering the lighting was on at all times which made it difficult to perform repairs. The Council stated that this was on private property and that the electrical work was clearly the responsibility of the private homeowners association. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council eliminated project DF-01 (Deer Flats Install Electrical Disconnect for Decorative Lighting in Neighborhood Entrance Planter) from consideration: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) A motion was introduced by Councilmember Smith, and seconded by Councilmember Haffa, to return project RR-01 (Ryan Ranch Park Pickleball Court Construction) to the NCIP Committee. The Council discussed the motion. In support of the motion it was stated that the NCIP Committee needed to weigh in on this project, and that the Council did not wish to completely eliminate the project at this time but would like the NCIP Committee to consider postponing it. City Manager Uslar said that the City was focusing on expanding pickleball facilities at the Tennis Center. He suggested that the Council allocate the potential Ryan Ranch Park funding to the Tennis Center to build additional pickleball courts there. A friendly amendment to the motion was introduced by Mayor Williamson to deny the project but send the funding allocation in the way that the City Manager had proposed. The mover rejected the motion amendment, stating that the recommendation should come from the NCIP Committee. The seconder noted that the NCIP Committee's recommendation might change by the time the project returned to the Council. The Council stated that it did not foresee spending the funds in Ryan Ranch, and that while respecting the NCIP process, it was important to remember that Council consideration was part of the process. Public Works Director Renny noted that approving pickleball at the Monterey Tennis Center was an item approved by the NCIP Commtitee under Option 1. 7 City Council Minutes November 19, 2024 The Council questioned sending the project back to the NCIP Committee knowing that there was not much appetite on the Council for approving pickleball at Ryan Ranch, knowing that the Monterey Tennis Center project was on the recommended projects list. It was opined that it would be appropriate to remove the project from consideration at this meeting. The motion to return the matter to the NCIP Committee failed by the following vote: AYES: 2 COUNCILMEMBERS: Haffa, Smith NOES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the Council eliminated project RR-01 (Ryan Ranch Park Pickleball Court Construction) from consideration: AYES: 3 COUNCILMEMBERS: Barber, Garcia, Williamson NOES: 2 COUNCILMEMBERS: Haffa, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Regarding project VDM-01 (Casa Verde Way Underpass Murals), appreciation was expressed for the concept but it was stated that the Council agreed with City staff's analysis and understood that there would be maintenance issues and challenges with working with the California Department of Transportation (CalTrans). It was suggested that the Council send it back to the NCIP Committee to consider what beautification efforts the City could consider in the same area outside of the CalTrans property. Enthusiasm was expressed for public art and in the hopes of receiving more NCIP proposals for public art in the future. On a motion by Councilmember Garcia, seconded by Mayor Williamson, and carried by the following vote, the City Council returned project VDM-01 (Casa Verde Way Underpass Murals) to the NCIP Committee for consideration about whether to pursue the current location understanding the challenges with CalTrans, or to pursue other locations: AYES: 3 COUNCILMEMBERS: Garcia, Haffa, Williamson NOES: 2 COUNCILMEMBERS: Barber, Smith ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Regarding project OT-01 (New Decomposed Granite at Steps/Sidewalk from Harrison Street to Veterans Drive), the Council agreed with City staff that this was a redundant project. On a motion by Councilmember Barber, seconded by Mayor Williamson, and carried by the following vote, the City Council eliminated project OT-01 (New Decomposed Granite at Steps/Sidewalk from Harrison Street to Veterans Drive) from consideration: 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 City Council Minutes November 19, 2024 A motion was made by Mayor Williamson to eliminate project MN-08 (Comprehensive Fire Safety Analysis to Develop Multi-Year Hazard Reduction Program) from consideration, citing identified project redundancy. On discussion with the Council about the suggestion that the NCIP Committee could identify another way to use the funds to improve fire safety, the motion was then withdrawn by the mover. On a motion by Mayor Williamson, seconded by Councilmember Barber, and carried by the following vote, the City Council returned project MN-08 (Comprehensive Fire Safety Analysis to Develop Multi-Year Hazard Reduction Program) to the NCIP Committee: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Regarding project MN-12 (Two Bike Repair Stations), it was expressed that there was value in the idea, but that staff made a good point regarding ongoing maintenance, and that the NCIP Committee could evaluate the project with consideration of City staff's feedback. It was suggested that staff and the NCIP Committee look at siting that would make maintenance easier, and that there was a larger conversation needed between City staff and the NCIP Committee regarding maintenance of NCIP projects moving forward. It was suggested that the City staff could discuss bike repair stations with other cities that already had them in place. On a motion by Mayor Williamson, seconded by Councilmember Garcia, and carried by the following vote, the City Council returned project MN-12 (Two Bike Repair Stations) to the NCIP Committee for reconsideration: 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 outlined their actions on the matter thus far and asked City staff for an updated total for project funding based on the changes made. The Council recessed at 8:54 p.m. and reconvened at 9:04 p.m. Based on the Council's project eliminations, City staff identified that there was funding available for project VDM-03 (Villa Del Monte Radar Speed Signs) to move up from the cutoff list. On a motion by Mayor Williamson, seconded by Councilmember Haffa, and carried by the following vote, the City Council returned the recommended cut-off projects VDM-03, MN-08, MN-09, and MN-12 to the NCIP Committee and approved all projects in Option 1 (NCIP Committee’s recommendations) not already otherwise approved through the recusal process, returned to the NCIP Committee, or eliminated from consideration: 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  City Council Minutes November 19, 2024 CONSENT (EVENING) Mayor Williamson stated that members of the public had pulled both Items 12 and 13 from the evening Consent agenda. 12. Authorize the Finance Director to Appropriate $210,000 from the Neighborhood and Community Improvement Program Ending Balance Account to the El Estero Park Center Playground Equipment Upgrade Project (Exempt from CEQA Article 19, Section 15301, Class 1, Existing Facilities) ***NCIP*** -- Continued from November 5, 2024 Action: Pulled from Consent; Adopted Resolution 24-180 C.S. Senior Engineer Paulding gave the staff presentation. Public comment was received from Jean Rasch, who said that the request was out of scope and should be submitted to the NCIP Committee in the next round for funding next year, and Nina Beety, who echoed Ms. Rasch's call to focus on NCIP procedure and protocol. Public Works Director Renny said that this was not a new project coming forward but was a cut- off project submitted in the prior cycle. She said that about a year prior, staff had done the same thing when they had brought forward a Via Paraiso Pickleball cutoff project and the Council had approved funding for it. She said that as staff worked through the program and received better estimates there was sometimes the opportunity to fund a cutoff project. On question from the Council, Senior Engineer Paulding explained that when the current year's projects were completed, any remaining funds went back into the ending balance account and that based on this there were existing funds available for this cutoff project. On question from the Council, Parks and Recreation Director Larson said that there was not a current safety issue, but that the play equipment was 31 years old and was well past its end of life, and that the ground surface had been patched and repatched. City Manager Uslar said that this was a fast-track project that could be completed quickly and would make children happy. Senior Engineer Paulding said that City staff was working diligently but had not completed all of the year's NCIP projects, which he explained would be an unrealistic expectation and had likely never been done in the NCIP's history. A motion was introduced by Councilmember Smith, and seconded by Councilmember Garcia, to adopt Resolution 24-180 C.S. appropriating funds for the El Estero Park Center Playground Equipment Upgrade Project. The Council discussed the motion. Regarding the NCIP process, it was stressed that this project had been presented by a community member at some point and that City staff was doing what they were asked to do, in terms of continuously finding opportunities to complete projects as funding and capacity became available. It was stated that while defining the process was a challenge, meanwhile staff was doing what they could to move projects forward and that flexibility and adaptability were needed. It was requested that the Council, staff, and NCIP Committee continue to have conversations and keep working together to smooth over NCIP issues. 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) 10  City Council Minutes November 19, 2024 13. Receive Mayor’s Recommendation and Appoint Evens Lanot to the Neighborhood and Community Improvement Program Committee (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) – Continued from November 5, 2024 Action: Pulled from Consent; Tabled Mayor Williamson gave a brief verbal presentation explaining his recommendation to appoint Evens Lanot to the NCIP Committee representing the Naval Support Activity Monterey neighborhood. Public comment was received from: Marlana Brown, officially representing Naval Support Activity Monterey, who thanked the City for including military families in the community but asked for the Council not to approve the appointment stating that the suggested applicant would not be authorized to speak on behalf of the U.S. Navy; Tom Reeves, who spoke in favor of the residents of La Mesa being represented, but said that the military areas being presented as neighborhoods were not actually neighborhoods and that the residents should be included in another neighborhood; Jean Rasch, who said that the matter of adding the neighborhoods and providing representation was not done with transparency to the NCIP Committee; Chinyere Ogbonna, of the NCIP Committee, who said that any objection to the appointment of the representative should not be construed as lack of appreciation for members of the military; Curt Tipton, of the NCIP Committee, who said that on Item 11, the Council had stated that they did not want to spend NCIP funds on private property, and that Naval Support Activity Monterey was private property; Pat Venza, who said that in La Mesa Village they did not use City services or allow non-residents in their parks, and asked why this was being brought forward now; and Nina Beety, who urged the Council to reject the appointment, citing confusion about the City Code and jurisdictional boundaries. City Manager Uslar said that La Mesa Village was part of the City of Monterey, that the residents there voted for the Monterey Mayor and City Council, and that La Mesa Elementary School was Monterey Peninsula Unified School District (MPUSD) property. He said that the City Council was responsible to decide what constitutes a neighborhood. Regarding the City spending money on federal property, he said this was not the matter at hand and rather that giving 1,900 people a voice in NCIP matters was the issue. He noted that the City provided services to the area through the Monterey Fire Department and that it was within the boundaries of the City. He said that if there were ideas for NCIP improvements at La Mesa Village, the majority of the NCIP Committee would decide on that, and there would be required agreements to be made with the out-of-jurisdiction property owners. He said that the Naval representative's position was fine but did not relate to providing residents a voice in how to spend NCIP funds across the City, and how they could participate in the City as residents. City Attorney Davi provided context on the history of the NCIP neighborhoods and noted that the ordinance provided that the neighborhood maps were as reflected in the map in the engineer's office. She said that susbequent to the ordinance's adoption, the City Council adopted the NCIP map as part of approving the NCIP manual. She stressed that nothing was new and had all been done through a public process. She noted that the manual included guidance on how to approach NCIP projects proposed to be done on out-of-jurisdiction properties. The Council discussed the matter. It was stated that the public comment was appreciated. 11 City Council Minutes November 19, 2024 Regarding the remarks made by the U.S. Navy's Naval Support Activity Monterey representative, it was stated that her statement held significant weight and that the Council needed to respect her position. Regarding future representation for La Mesa Village residents, it was noted that those 1,900 residents were voters, residents, parents of children in Monterey's schools, and were not all military. It was stated that the first step was for the Council to welcome residents to form an association in an organic manner. It was stated that if the residents chose to have a bonded connection they could reach out to the president of the Aguajito Oaks Neighborhood Association to discuss expanding that association. Regarding neighborhoods and the constitution of the NCIP Committee in general, it was stated that the Mayor's recommendation had raised a lot of questions, such as how to define neighborhoods, what structures and specifics should be in place to be recognized as a neighborhood association, and what the City should expect of neighborhoods. It was opined that a neighborhood should have a neighborhood association with a publicly noticed annual membership meeting, and should hold NCIP related meetings for getting community members involved in the process. On the other hand, it was noted that not all existing neighborhood associations in the City currently even had members, let alone held an annual meeting. It was stated that a neighborhood association should have representation on the NCIP Committee. On the other hand, it was questioned what the City would do if a separate group of neighbors in a certain already represented area wanted to create their own neighborhood association and have representation on the NCIP Committee. It was stated that there was a deeper conversation to be had around representation and what is meant by representation, and it was asserted that the NCIP had gotten so big that it was challenging to hold productive dialogue. The concern was expressed that the neighborhood associations had become more akin to social clubs than true representation. It was suggested that a better way of looking at NCIP representation could be to align it with districts. The Council thanked Evens Lanot for being engaged and interested in serving. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council tabled the matter: AYES: 5 COUNCILMEMBERS: Barber, Garcia, Haffa, Smith, Williamson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) *** End of Consent Agenda *** COUNCIL COMMENTS Councilmember Barber presented the City with a miniature handwoven carpet from Monterey's sister city of Lankaran, Azerbaijan, and explained that weaving carpets was a tradition going back thousands of years in Azerbaijan. Councilmember Smith said there would be no Transportation Agency for Monterey County (TAMC) meeting during the current month. He said he had served as an appeal hearing officer for a Monterey-Salinas Transit (MST) employee termination proceeding. He reported from See Monterey, stating that there had been a fascinating presentation on future tourism marketing and returns, and the impacts of new hotels in the area in the next few years. He said that he 12 City Council Minutes November 19, 2024 had been involved in setting up an upcoming meeting between Monterey Peninsula Unified School District (MPUSD) and the City regarding high school traffic congestion. He addressed a public comment that he said was wrong, stressing that he was proud of his actions to support candidates in the recent electoral campaign, and that the commenter and/or anyone else would be invited to meet with him for a productive conversation to clear the air. CITY MANAGER REPORTS City Manager Uslar shared that the City would distribute a thousand Thanksgiving meal kits to needy community members, in partnership with the Monterey Kiwanis and the Food Bank for Monterey County, with assistance from the Monterey Fire and Police departments, and students of the Defense Language Institute. ADJOURNMENT The Council adjourned at 10:13 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Tyller Williamson City Clerk Mayor 13