Agenda packet — Monterey City Council, April 19, 2022 (part 1 of 2)

Council Chamber, 580 Pacific
St., and Zoom Teleconference
Monterey, California
City Council Agenda
Council Regular Meeting
Tuesday, April 19, 2022
4:00 PM – 5:30 PM
7:00 PM – 11:00 PM
City Council
Clyde Roberson, Mayor
Dan Albert, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember
Tyller Williamson, Councilmember
City Manager
Hans Uslar
IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both inperson and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees.

Details for public participation in this City Council meeting:
 BEFORE THIS MEETING, members of the public may submit comment(s) to [email protected] until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. All comments received become part of the record.
 DURING THIS MEETING, members of the public may attend and participate:
o In-person (location listed above), with masks highly recommended for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.  Online via ZoomGov Webinar live (no time delay):
 Join on a computer or smartphone: https://montereyorg.zoomgov.com/j/1607729333  Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another.
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o This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). ***Afternoon Session Agenda ***
4:00 - 5:30 p.m.

CALL TO ORDER

PRESENTATIONS

1. Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
4/19/2022 4:00:00 PM
2 2. Presentation on “Trees for Monterey,” a Rotary District Service Grant Project (Exempt from CEQA, Article 19, Section 15304, Class 4.b)

PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session.

Individuals may choose to speak once for up to three minutes at either session, but not both.

CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion.

Approval of Minutes

3. March 15, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)

4. March 23, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted."

5. Authorize Amendment to the Agreement for Destination Marketing and Group Sales Services with the Monterey County Convention and Visitors Bureau to Increase the Not-to-Exceed Amount from $989,405 to $1,800,000 Effective April 14, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

6. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period April 20, 2022 through May 20, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)

7. Authorize Agreement with Infor Public Sector, Inc. and Appropriate $328,279.09 for Purchase of Infor Public Sector Suite (Hansen) Multi-year Support Agreement (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

8. Amend Resolution 21-018 Authorizing the City Manager to Enter into an Agreement with the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training to Reflect the Full Grant Amount (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
4/19/2022 4:00:00 PM
3 9. Authorize Increase of FY22 Revenue and Appropriation of $8,555.70 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvements Project ***CIP/NCIP**** (Adopted Initial Study-Mitigated Negative Declaration)

10. Amend Resolution 21-131 to Authorize the Deed Restriction requirement for the California State Parks’ Per Capita Grant (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

11. Award a Sole Source Contract to Edges Electrical Group in the amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project - Phase 2 - Marina Lot (Exempt from CEQA, Article 19, Section 15302, Class 2)

12. Award a Professional Services Agreement for the Completion of the Sanitary Sewer Master Plan to G7ei, Inc. in the Amount Not-to-Exceed $192,000 ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

13. Authorize an Appropriation of Measure P/S Funds in the Amount of $1,500,000 to the Measure P Sidewalks Project Account (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

14. Amend Resolution No. 22-003 to Update the MOU with MRWMD and Authorize the Finance Director to Remit CalRecycle SB1383 Local Assistance Grant Program Funds to the MRWMD for Public Education, Outreach, and Compliance Monitoring Relating to Organics Recycling and Edible Food Recovery (Not a Project under CEQA Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

15. Authorize Professional Services Agreement with CSG Consultants, Inc. for a Not to Exceed Amount of $200,000 to Provide On-Call Code Compliance Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

16. Adopt a Resolution Accepting the General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)

17. Authorize Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)

18. Appropriate $92,400 to Economic & Planning Systems to Collect Information and Prepare Research for an Economic Analysis of Housing Development for Parcels 031-191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015 and Authorize Three Month Contract Extension (Exempt from CEQA Article 19, Section 15306, Class 6)

19. Request Appropriation of $15,641 in Donated Funds to the Fiscal Year 2021-2022 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
4/19/2022 4:00:00 PM
4 20. Approve Expenditure of $20,000 from the Monterey 250 General Fund to Reimburse the Cannery Row Business Association and the Old Monterey Foundation for the Giant Abalone Shell Artwork Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) Other

21. Receive Informational Report about How to Participate in the Monterey Regional Compatible Use Study (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***

PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)

22. 1st Reading by Title Only of an Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5 , Section 15061)

23. Recommend that the City Council Adopt the 2022/2023 Annual Action Plan for Community Development Block Grant Funds and Authorize Submittal to the U.S.

Department of Housing and Urban Development (Exempt from NEPA per 24 CFR Part 58 and from CEQA per Article 19, Section 15301, Class1, 15306, Class 6 and 15326, Class 26)

PUBLIC APPEARANCE
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated.

24. Report on Public Banking and Receive Direction on Whether to Express Interest in Participation in Central Coast Public Banking Viability Study (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) *** Adjourn to Closed Session (See additional agenda) *** Council will adjourn to closed session no later than 5:00 p.m.

RECESS 5:30 p.m.

RECONVENE
4/19/2022 4:00:00 PM
5 *** Evening Session Agenda ***
7:00 - 11:00 p.m.

No discussion of a new item will be started after 10:30 p.m.

PLEDGE OF ALLEGIANCE

CONTINUED PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session.

Individuals may choose to speak once for up to three minutes at either session, but not both.

ANNOUNCEMENTS FROM CLOSED SESSION

PRESENTATIONS (EVE)

25. Recognition of April 2022 as Fair Housing Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)

PUBLIC HEARING (EVE)
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. NOTICE CONCERNING YOUR LEGAL RIGHTS: If you challenge the City Council’s zoning, planning, or land use decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing on the matter, or in written correspondence delivered to the City at the time of or prior to the close of the public hearing. (Government Code section 65009(b).)

26. 1st Reading by Title Only of an Ordinance Amending Chapter 38 of the Monterey City Code Related to Accessory Dwelling Unit Development Standards (MCC 38- 112.6) (Statutorily Exempt from CEQA per Article 18, 15282(h) and Public Resources Code Section 21080.17)

COUNCIL COMMENTS
Councilmembers may ask a question for clarification or make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter (G.C. 54954.2).

CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions.

ANNOUNCEMENTS FROM CLOSED SESSION
4/19/2022 4:00:00 PM
6 ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: monterey.org/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours.

Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose.

City Council Meetings are cable cast live and recorded for replay on Monterey's Government Access Channel 25 by Access Media Productions (AMP).

CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:

Voicemail: (831) 646-3799
Fax: (831) 646-3793
Email: [email protected]
WebPage: http://www.monterey.org
INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at [email protected] or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation.

ACCESSIBILITY: The City of Monterey is committed to including the disabled in all of its services, programs and activities. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or (831) 646-3935. Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-

35.104 ADA Title II]. Later requests will be accommodated to the extent feasible. For communicationrelated assistance, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device.

Upcoming city meetings are listed at http://isearchmonterey.org More information is available by calling (831) 646-3935 Council
Agenda Report
FROM: Hans Uslar, City Manager
Prepared by: Ashley Sanks, Administrative Clerk
SUBJECT: Recognition of Defense Language Institute Quarterly Joint Service Awards (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061)
VALUE DRIVER:

DESCRIPTION:

The Defense Language Institute, Foreign Language Center (DLIFLC), located in the U.S. Army Garrison Presidio of Monterey, trains military service members in all military branches. DLIFLC conducts a protocol known as the Joint Enlisted Board (JEB) each quarter to assess the motivation, knowledge, and ability to go above and beyond that of the average Soldier, Marine, Sailor, and Airman.

Noncommissioned officers, petty officers, and junior enlisted from each branch compete by displaying their knowledge in a variety of joint service subjects, including History of the Presidio of Monterey and DLIFLC, Current Affairs and World Events, Customs and Courtesies, Uniform Code of Military Justice, Military Leadership, and more. The service member's many weeks of studying and competing in unit boards culminate with an appearance before the DLIFLC Joint Enlisted Board.

As part of the City of Monterey’s longstanding relationship with the DLIFLC and Presidio of Monterey, the City Council frequently recognizes and honors these dedicated award recipients.

The Mayor and City Council will recognize the winners of the first and second DLIFLC Quarterly Joint Service Awards at its meeting on April 19, 2022:
 Sergeant Chris Maharaj from the U.S. Marine Corps
 Lance Corporal Adrian Montalvomercado from the U.S. Marine Corps  Sergeant Colton Readd from the U.S. Marine Corps
 Lance Corporal Maxwell Mavromatis from the U.S. Marine Corps

ENVIRONMENTAL DETERMINATION
The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general Date: 4/19/2022
Item No.: 1.

Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 1, Packet Page 7 rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

Attachment: 1. Proclamations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 2, Packet Page 8 Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 3, Packet Page 9 Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 4, Packet Page 10 Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 5, Packet Page 11 Council Regular Meeting, 4/19/2022, Item No. 1., Item Page 6, Packet Page 12 Council
Agenda Report
FROM: Nat Rojanasathira, Assistant City Manager
SUBJECT: Presentation on “Trees for Monterey,” a Rotary District Service Grant Project (Exempt from CEQA, Article 19, Section 15304, Class 4.b) VALUE DRIVER:

Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

DESCRIPTION:
"Trees for Monterey" is a Rotary District Service Grant project involving three local Rotary Clubs: Monterey, Monterey Cannery Row, and Monterey Pacific.

The Rotary District partnered with the City of Monterey’s Parks and Recreation Department to plant 80 much-needed trees at Cementerio El Encinal (the City’s cemetery), El Estero Park, Whispering Pines Park, and Don Dahvee Park. The $7,500 grant funded the purchase and installation of 15-gallon trees, stakes, ties, and gopher baskets. Trees included Coastal Live Oaks, Monterey Pines, Monterey Cypress, Northern Red Oaks, and Western Sycamores.

Volunteers from the three clubs and the California State University, Monterey Bay (CSUMB) Rotaract Club worked with Forestry Division staff on three Saturdays beginning in October 2021, to plant most of the trees. The Assistant Urban Forester and his crew will complete planting the final twenty trees this month.

Rotary Club members involved in the project include:
 John Hetz, Project Manager, Rotary Club of Monterey Cannery Row  Berniz House, President, Rotary Club of Monterey Cannery Row  Dennis McCarthy, Rotary Club of Monterey
 Janet Belardo, Rotary Club of Monterey Pacific
Assistant Urban Forester Thys Norton will deliver a brief presentation about this project at the Monterey City Council Meeting on April 19, 2022.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15304, Class 4) because the project proposes new trees (landscaping).

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Date: 4/19/2022
Item No.: 2.

Council Regular Meeting, 4/19/2022, Item No. 2., Item Page 1, Packet Page 13 Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located -a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. The project provided 80 new trees (landscaping) that is categorically exempt pursuant to CEQA Guidelines Article 19, Section 15304, Class 4.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. No cumulative impact is anticipated because the 80 trees are important but minor changes to the environment in context of the City’s tree inventory.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No significant negative impact is anticipated because the 80 trees are important but minor changes to the City’s tree inventory.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The trees will not be visible from the City’s scenic highways.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. The trees are not located on historic properties and will not cause a substantial adverse change to historic resources.

Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 2., Item Page 2, Packet Page 14

MINUTES

CITY COUNCIL REGULAR MEETING

CITY OF MONTEREY
Tuesday, March 15, 2022
4:00 PM 7:00 PM

ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present: Albert, Haffa, Smith, Williamson, Roberson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Public Works Director, Police Chief, Parks and Recreation Director, Human Resources Director, City Clerk, Interim Recreation and Community Services Manager, Senior Engineer ***Afternoon Session Agenda ***
This meeting was held with teleconference attendance only, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-015 C.S.

CALL TO ORDER
Mayor Roberson called the meeting to order at 4:01 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually. She called the roll with Councilmembers Albert, Smith, and Williamson, and Mayor Roberson. Councilmember Haffa had been at the meeting but was temporarily absent at roll call due to technical issues. Councilmember Haffa rejoined the meeting at 4:05 p.m.

PRESENTATIONS

1. Recognize City Employees for Milestone Anniversaries and Retirements for 1st Quarter 2022 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Recognized City employees and retirees for their service City Manager Uslar gave a brief verbal presentation recognizing Thomas Enea (retired Park Maintenance Worker) for 37 years of service, and Whalen Rawlinson (Senior Craftsworker), Louie Marcuzzo (Park Operation Manager), Kimberly Cole (Community Development Director), and Michael Gentry (Senior Streets Maintenance Worker) for 40, 30, 25, and 25 years of service, respectively. The Council made complimentary comments about City staff's responsiveness.

Public comment was not received.

PUBLIC COMMENTS
Public comment on non-agendized matters was received from An McDowell, Anthony Munoz, and Kent Glenzer.

Date: 4/19/2022
Item No.: 3.

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 1, Packet Page 15 City Council Minutes March 15, 2022
2 CONSENT ITEMS
On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEMS:

2. February 23, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved

3. March 1, 2022 (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061)
Action: Approved
Award of Construction Contracts

4. Award a Construction Contract in the Amount of $1,212,000 to The Don Chapin Company, Inc. for the Presidio of Monterey 200,000 Gallon Water Tank and Pipe Improvement Project ***PMSA*** (Project reviewed per NEPA in the Final Programmatic Environmental Assessment for the Presidio of Monterey Integrated Water Sustainability Concept Plan (PEA) and Finding of No Significant Impact (FNSI), Nov 2018)
Action: Adopted Resolution No. 22-019 C.S.

5. Authorize an Appropriation of FY2022/23 Measure S Funds in the Amount of $1,115,104 and Award Construction Contract in the Amount of $959,185 to Precision Grade, Inc. for Citywide Road Rehabilitation Project, Phase 3, Authorize the City Manager to Enter into an Agreement with the President and Fellows of Middlebury College, a Vermont domestic non-profit corporation, and Authorize an Increase in FY22 Revenue and Appropriation of $247,813 to the Measure S Fund (Exempt from CEQA Article 19, Section 15301, Class 1) ***Measure S*** Action: Adopted Resolution No. 22-020 C.S.

Ordinances

6. 2nd Reading by Title Only of an Ordinance to Amend Monterey City Code Section 28-14(d) to Add Services Performed by the State-Recognized Destination Marketing Organization for the Monterey Region as a Sole Source Exception to Competitive Procurement Requirements (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Ordinance No. 3648 C.S.

Resolutions

7. Order Engineer’s Report for Fiscal Year 2022-2023 Alvarado Street Maintenance District No. 85-1 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-021 C.S.

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 2, Packet Page 16 City Council Minutes March 15, 2022
3 8. Order Engineer’s Report for Fiscal Year 2022-2023 Calle Principal Maintenance District 00-1 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-022 C.S.

Other

9. Authorize the Mayor to Sign a Letter on Behalf of the City of Monterey Supporting Establishment of a CalVet Veterans Home in Monterey County (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Authorized
*** End of Consent Agenda ***

PUBLIC APPEARANCE

10. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period March 16, 2022 through April 14, 2022 Pursuant to AB361 Ralph M.

Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Adopted Resolution No. 22-023 C.S.

City Clerk Klein gave the staff presentation and answered Councilmembers’ questions.

Public comment was not received.

On a motion by Councilmember Smith, seconded by Mayor Roberson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22- 013 C.S. to Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period March 16, 2022 through April 14, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

11. Amend and Restate Resolution 21-127, the Master Fee Schedule, to Adjust the Parks and Recreation Department Fee Schedule (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 22-024 C.S.

Parks and Recreation Director Larson gave the staff presentation and answered Councilmembers' questions together with City Manager Uslar.

Public comment was received from Bob Faulis, who said that people would be more willing to commit to annual memberships if they felt confident about what would happen with their memberships during any periods of closure due to the pandemic.

Parks and Recreation Director Larson confirmed that memberships would be paused for disaster or pandemic-related reasons.

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 3, Packet Page 17 City Council Minutes March 15, 2022
4 The Council discussed the matter. It was stressed that the City's programs do not fully pay for themselves, that recreation and sports are appropriate for City governments to provide to the community, and that residents should be able to enjoy the City's programs with fees at a reasonable rate. It was stated that the proposed higher fees are appropriate as long as the City invests in the programs and keep them high-quality.

On a motion by Councilmember Albert, seconded by Councilmember Williamson, and carried by the following vote, which was conducted by roll call, the City Council adopted Resolution No. 22-014 C.S. to Amend and Restate Resolution 21-127, the Master Fee Schedule, to Adjust the Parks and Recreation Department Fee Schedule:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
*** Adjourn to Closed Session (See additional agenda) *** Public comment on the closed session was not received. The Council adjourned to closed session at 4:54 p.m.

RECESS
The Council recessed at 5:58 p.m.

RECONVENE
The Council reconvened at 7:00 p.m.
*** Evening Session Agenda ***

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

City Clerk Klein explained to the public how to participate in the meeting virtually. She called the roll with the full Council present.

CONTINUED PUBLIC COMMENTS
Public comment on non-agendized matters was received from Craig Downer, Nina Beety, Lorna Moffat, and Esther Malkin.

ANNOUNCEMENTS FROM CLOSED SESSION
City Clerk Klein announced:

1. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation Pursuant to Government Code 54956.9(d)(2), (e)(2) one case. The facts and circumstances that might result in litigation are as follows: The City has received a development application to replace an existing hotel and restaurant at 2101 North Fremont Street with a new 42-unit hotel.

The City has received letters and comments on the project from legal counsel and Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 4, Packet Page 18 City Council Minutes March 15, 2022
5 representatives of the owners of the adjacent apartment complex that indicate that the owners of the apartment complex might sue the City if this project is approved.

Action: On a roll call vote of 4-1, Councilmember Haffa voting no, the Council gave confidential direction to its legal counsel

2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; 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)
Action: Not held

PRESENTATIONS (EVE)

12. Recognition of March 2022 as American Red Cross Month (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Received presentation, Proclaimed March 2022 as American Red Cross Month John Cromwell and Dan Ripke, Central Coast Chapter of American Red Cross, shared highlights of community assistance carried out by the organization during the past year and urged community members to donate blood and volunteer.

PUBLIC APPEARANCE (EVE)

13. Receive a Presentation on the City's Unfunded Actuarial Accrued Liability/Pension Obligation Strategies (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Received presentation
Finance Director King introduced John Bartel, of the firm Bartel Associates, who presented to the Council and answered Councilmembers' questions.

Public comment was not received.

The Council discussed the matter. It was stated that there is uncertainty and instability that may not even be fully known at this time. On question, Mr. Bartel indicated that he did not believe the State legislature would help public agencies with unfunded pension liabillities. It was stated by the Council that another discussion would be appropriate in conjunction with discussing and adopting the next budget, to consider some strategy which could be exercised with one-time monies. Comments were made against pension bonds, citing that the obligation to employees is not something to bet on. It was stated that the CIty should plan on the unpredictable, manage its funds, and manage risk so there is flexibility for the future. Comments were made expressing interest in utilizing an irrevocable trust as part of the City's approach.

The Council recessed at 8:55 p.m. and reconvened at 9:08 p.m.

14. Authorize Letters to the Monterey Peninsula Water Management District, Monterey One Water, Governor of the State of California, State Water Resources Control Board, California Department of Housing and Community Development, and Association of Monterey Bay Area Governments Regarding the City’s Water Supply Needs for New Housing (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Authorized letters
Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 5, Packet Page 19 City Council Minutes March 15, 2022
6 Community Development Director Cole gave the staff presentation.

Public comment was received from Vanessa Diffenbaugh, MidPen Housing, who spoke in favor of sending the letters and said that the City is uniquely positioned to receive tax credits for lowincome housing.

On question from Council, Community Development Director Cole said that she consulted with the Water District on the calculations in the letters. It was noted by the Council that there is an existing Value Driver to "champion regional and local efforts to secure adequate, affordable, and sustainable water sources for the city, now and into the future" and it was stated that the timing was right for a bold approach such as sending the letters.

On a motion by Councilmember Albert, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council Authorized Letters to the Monterey Peninsula Water Management District, Monterey One Water, State Water Resources Control Board and Association of Monterey Bay Area Governments:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

15. City Manager’s Update on COVID-19 Response Efforts (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061) Action: Received update
City Manager Uslar gave a brief staff presentation.

Public comment was not received.

PUBLIC HEARING (EVE)

16. Deny Appeal and Uphold Planning Commission Decision to Deny Variance Application for Fencing Along the Front and Side Property Lines and Fencing for a Trash Enclosure at 301 Casa Verde Way that Exceeds the 4-Foot Height Limit for this Reverse Corner Lot; Applicant Steve Mickel with Mickel Construction Inc; Property Owner Thomas Cutino; Residential Medium Density Multifamily Dwelling (R-3) Zoning District; Medium Density Residential General Plan Designation (Exempt from CEQA Requirements per Article 19, Section 15301, Class 1) Action: Adopted Resolution No. 22-025 C.S. as amended to uphold the appeal with findings, and to require correction to the trash enclosure (3-2, Councilmembers Haffa and Williamson voting no)
Mayor Roberson outlined the process for the appeal: 1. Mayor introduces item and process; 2.

Council discloses ex parte communications; 3. Staff presentation; 4. Council can ask questions of staff; 5. Applicant/appellant presentation; 6. Council can ask questions of applicant/appellant;

7. Public comments; 8. Appellant's closing remarks; 9. Council discussion and deliberation; 10.

Council vote.

Prompted to disclose any ex parte communications, Mayor Roberson said that he didn't speak to anyone but did drive by and look at the site on his own; Councilmember Smith said that he Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 6, Packet Page 20 City Council Minutes March 15, 2022
7 drove by the site and had received an email, letter, and phone call from the applicant but did not respond; and Councilmember Albert said that he had done the same as Councilmember Smith.

Community Development Director Cole gave the staff presentation and answered Councilmembers' questions.

Steve Mickel, applicant/appellant on behalf of property owner Thomas Cutino, presented. He stated that he did not build the fence. He shared that there had been issues with thefts, homeless, and camping including a bonfire, on the property. He said the variance should be granted for the following reasons: tenant safety and security, fence height is typical for the neighborhood and does not affect visibility for traffic at the four-way stop, the lattice at top allows visibility for law enforcement if needed, and the fence helps somewhat to reduce loud traffic/engine noise. He shared a letter from a tenant who had a bike stolen and found a homeless individual in the dumpster. He stated that traffic visibility is not impacted by the fence's height and said that the Engineering Department had approved the fence due to lack of safety concern. He said that there were noise concerns, homeless concerns, and public safety concerns relating to human waste. He cited City of Monterey fence height standards and said that fence variances should be considered when at least one of the conditions exists: significant traffic and noise, and the property adjourns or is across from a commercially zoned property (he stated that the site is kitty-corner to an auto repair business and Bi-Rite Market). In addition he stated that both of the following requirements are met and apply to the situation: vehicle sight distance is not obstructed, and fence height and location are compatible of the character of the adjacent neighborhood.

Mr. Mickel continued, reading aloud a portion of the "Analysis" section of the staff report by Associate Planner Sabdo that was presented to the Planning Commission on this matter. He read the language beginning with "Due to the location of the subject property" through the following phrase: "granting the fence height variance is not consistent with the purposes of Monterey's Zoning Ordinance and would consitute a grant of special privilege." He asked the Council, "since when is privacy and safety not a special privilege?" He said that Mr. Cutino wants to protect his tenants and his property and likes to keep the place clean and safe for tenants.

Public comment was received from Jean Rasch, who asked the Council to uphold the Planning Commission's determination and the existing codes, which she said took work from the staff and community. She stated that there were no special circumstances present in this scenario and that code compliance, not higher fences, is the answer; Tammy Jennings said that this property is right off one of the highway offramps and that the intersection in question has a traffic problem, and because it is a multi-family dwelling it's a different situation from a singlefamily home. She urged the Council to let them keep the fence, saying it doesn't hurt anyone and it looks nice.

Mayor Roberson invited Mr. Mickel to make any last statements and he said he had nothing to add.

On question from Council about the offramp and traffic, Community Development Director Cole said that the Planning Commision's vote was a close one but they determined it would be a special privilege. She said there are a few neighborhoods with freeway offramps but not many.

The Council posed the idea that four-way stops close to an off-ramp could be allowed higher fences. Community Development Director Cole confirmed that the Council could direct staff to revisit the fence ordinance. She said that if Council wants to uphold the appeal they will need to make findings.

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 7, Packet Page 21 City Council Minutes March 15, 2022
8 It was stated by Council that it seemed the Planning Commission had been stuck with having to go with the letter of the law because it was what the ordinance said. It was stated that it might be appropriate to make findings.

In opposition, it was stated by Council that grounds for a variance had not been heard. It was stated that the presentation was not persuasive and had been offensive to homeless people. It was stated that there's a reason for the existing ordinance, and that a city with front sidewalks with large walls and fences was not desirable. It was stated that the Planning Commission made the right decision and that upholiding the appeal would be a grant of special privilege.

It was stated by Council that even if direction was given to City staff to take another look at the City's policies regarding fences, a public input process would be necessary before the Council would make a decision. For this reason it was stated that it was hard to consider it fair to consider making changes for one property and not have it apply to the City Code.

The Council echoed a prior comment and confirmed that "we are a country of laws" and noted that people speed in Monterey's neighborhoods and that other properties also have fences higher than the allowed limit. It was stated that if the Council upholds this appeal, the City will need to go tell all of the other residences with too-high fences.

A motion was introduced by Mayor Roberson, and seconded by Councilmember Smith, that the Council uphold the appeal and require correction to the trash enclosure, with the following findings:

State Law required findings

1. Special circumstances or conditions applicable to property: Location near an off-ramp and on-ramp; and

2. Application is not detrimental to property: It is on a busy street, and City staff has corroborated that the higher fence doesn't impact anyone; and

3. It is not a special privilege because of its location next to a freeway offramp; and City required findings:

1. Property is across from commercial area; and

2. It is not a visual barrier; and

3. It doesn't create a hardship with the location of the structure.

The seconder added to the location portion of the findings, relating to the property’s proximity to the freeway, and referencing Casa Verde being a main arterial route down the block from N.

Fremont with gas stations and commercial properties at both ends, and being a street that is a feeder for a high volume of traffic.

The Council discussed the motion.

In opposition to it, it was stated that while the Council is empathetic about the situation, the conditions that the Council was considering were not unique to the property, but rather unique to the neighborhood and the streets that surround the off- and on-ramps, and that in an instance like that it would be appropriate to consider a change to the City Code with a public participation process. Without that process it was stated that allowing the variance would not feel fair to the community and neighbors, and would be a special privilege.

In favor of the motion, it was stated that the nearby offramp was a condition specific to the property. It was questioned whether everyone could now build a six-foot fence. It was stated that the Council was "putting the cart before the horse" and that the City should change the ordinance first and pause on making the owner tear down the fence until such changes were made.

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 8, Packet Page 22 City Council Minutes March 15, 2022
9 City Manager Uslar stated that there is not a demand for higher fences and that neighbors will want to keep the four foot height limit.

Following up on comments made about the spirit of law and its enforcement, it was stated by Council that there was justification for this variance due to the proximity to the freeway.

City Attorney Davi reflected that she had heard statements of concern regarding too broad of an application based on the current proposed findings, and concerns about the existing situation, and informed the Council that there might be a way to tighten up what they were trying to achieve. She said it sounded like Council felt it was appropriate because the property was within X number of feet of an off-ramp, or of a 4-way stop. She said that the more specific the findings in this case, the more narrowly it can be applied in the future. City Manager Uslar suggested that the fact that the property was multi-family housing could be a potential portion of the findings. The mover stated that the findings in the motion were explicit and sufficient.

The motion carried by the following roll-call vote:

AYES: 3 COUNCILMEMBERS: Albert, Smith, Roberson
NOES: 2 COUNCILMEMBERS: Haffa, Williamson
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)

COUNCIL COMMENTS
None made

CITY MANAGER REPORTS
None made.

Adjourn to Ocean View Community Services District Meeting The Council adjourned to the Ocean View Community Services District meeting at 10:48 p.m.

Ocean View Community Services District CONSENT ITEMS

17. Receive Ocean View Community Services District Quarterly Report (Not a Project Under CEQA per Article, 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Received report
City Attorney Davi said that the update was included in the written report.

Ocean View Community Services District PUBLIC APPEARANCE

18. Select a Candidate for the Election of a LAFCO Commissioner – Independent Special District Regular Member and Authorize the Board President to Submit a Ballot (Not a Project Under CEQA per Article 20, Section 15378, and Under General Rule Article 5, Section 15061) Action: Granted Director Roberson discretion to select the candidate City Manager Uslar gave a brief verbal presentation stating that the candidates were:

Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 9, Packet Page 23 City Council Minutes March 15, 2022
10 David Kong (Greenfield Public Recreation District and Greenfield Cemetery District), Mary Ann Leffel (Monterey Peninsula Airport District), and Gail Morton (Marina Coast Water District).

Public comment was not received.

It was commented by the Board of Directors that one option in the staff report was to defer the decision to Director Roberson.

On a motion by Director Williamson, seconded by Director Haffa, and carried by the following vote, the Community Services District Board of Directors granted Director Roberson the discretion to select the candidate:

AYES: 5 DIRECTORS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 DIRECTORS: (None)
ABSENT: 0 DIRECTORS: (None)
ABSTAIN: 0 DIRECTORS: (None)
RECUSED: 0 DIRECTORS: (None)
Adjourn to City Council Meeting
The Ocean View Community Services District Board of Directors adjourned to the City Council meeting.

ADJOURNMENT
The Council adjourned at 10:50 p.m.

Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 4/19/2022, Item No. 3., Item Page 10, Packet Page 24

MINUTES

CITY COUNCIL SPECIAL MEETING

CITY OF MONTEREY
Wednesday, March 23, 2022
4:00 PM

ZOOM TELECONFERENCE

MONTEREY, CALIFORNIA
Councilmembers

Present:

Albert, Haffa (arrived at 4:10 p.m.), Smith (arrived at 4:15 p.m.), Williamson, Roberson

Absent: None
City Staff

Present:

City Manager, Assistant City Manager, City Attorney, Community Development Director, Police Chief, Parks and Recreation Director, Finance Director, Human Resources Director, Library Director, City Clerk, Police Sergeant, Lieutenant, Administrative Analyst (Housing)

CALL TO ORDER
This meeting was held with teleconference attendance, pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(C) and Resolution No. 22-023 C.S.

Mayor Roberson called the meeting to order at 4:02 p.m. City Clerk Klein explained to the public how to participate in the meeting virtually.

PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.

PRESENTATIONS

1. Receive a Report on Homeless Services Provided on the Monterey Peninsula (Not a Project under CEQA per Article 20, Section 15378 and General Rule Article 5 Section 15061) Action: Received presentation
Housing Analyst Leonard, Police Chief Hober, and Police Sergeant Jenkins gave the staff presentation outlining services provided by the City to unhoused individuals including through the Police Department's Multi-Disciplinary Outreach Team (MDOT) and in partnership with community organizations. Additional slides on homeless services offered by community providers were presented by Robin McCrae, Community Human Services (CHS); Staci Alziebler-Perkins, Gathering for Women; Sophie Yakir and Kevin Gast, Interim Inc.; Kurt Schake and Kristen Massey, Veterans Transition Center; Carl Sedoryk, Monterey-Salinas Transit (MST); Katy Castagna, United Way Monterey County. During the presentation, Councilmember Haffa arrived at 4:10 p.m. and Councilmember Smith arrived at 4:15 p.m.

Public comment was received from Sonia Villalobos, who shared information on the difficulty finding appropriate and affordable housing in the area; Esther Malkin, who thanked the nonprofit agencies and Monterey Police Department for their work on homeless issues and stressed the need for renter protections; Karen O'Neal, who said that new information shows that 64% of the middle class lives paycheck-to-paycheck and spoke about the high cost of rental units and its link to homelessness; Paula Pelot, who echoed concerned comments about increasing rent costs and highlighted a gap between rent increases and CPI increases over the same period of time; Kent Glenzer, who urged the Council to show leadership and create Date: 4/19/2022
Item No.: 4.

Council Regular Meeting, 4/19/2022, Item No. 4., Item Page 1, Packet Page 25 City Council Minutes March 23, 2022
2 incentives for employers to provide a living wage, stating no more than 30% of income should go toward rent; Nina Beety, who described the local situation as a catastrophe and said that the State is not helping and that renters do not have the same rights as property owners in terms of receiving notices.

The Council discussed the matter. On question, Ms. McCrae clarified that there are eight emergency beds available through Community Human Services. On question, Police Chief Hober explained further details about the MDOT program. The Council expressed its appreciation to the service providers and the City for their work. The Council summed up the information presented by the providers: the strongest need is for more transitional housing, and for more affordable housing. Some concerns were shared about MST's proposal to create housing out of defunct buses.

It was stated by Council that conflacting issues like addiction and mental health need attention, and that rent stabilization needs to be addressed so that the homeless count doesn't rise even higher. It was stated that the One Starfish program does a great job. It was highlighted that CHS' Casa de Noche Buena shelter in Seaside was successful but that 10 times the number who had been successfully housed were still waiting for services. It was stated that funding is needed and that it could be helpful if the City sent a letter of support to the State.

On question, Ms. McCrae clarified that CHS had served 61 people, with 34 exiters, and that of the exiters, 31 had exited to permanent housing and only three to transitional housing, which she said was a pretty good outcome.

It was asked whether the Council could have a discussion about rent stabilization, or a about living wages. It was stated that it wouldn't be possible to fully address issues of homelessness if the City can't stop people from becoming homeless in the first place. The concept of "housing first" was mentioned and it was asked whether Project Homekey was a realistic way for Monterey to find an avenue to leverage state funding.

Housing Analyst Leonard provided information on Project Homekey. On question, Community Development Director Cole said that the first step would be for the City to send a letter asking if the hotel and motel owners would be interested in selling their properties. She said that the biggest constraint was the need for water to build new housing in Monterey.

On question, the providers addressed Councilmembers' comments. Ms. McCrae said that Housing First works at Casa de Noche Buena. Ms. Alziebler-Perkins clarified that many people in the area are on the brink of homelessness and that one small issue can push people easily over that edge. Ms. Castagna said that staffing at United Way Monterey County is thin and that she would love to add social workers and case managers to their front line staff.

On question, Housing Analyst Leonard explained the process of conducting the local homeless count. On question, Police Sergeant Jenkins and Police Chief Hober explained challenges associated with their MDOT program.

It was stated by Council that programs that treat, place, participate heavily in case management, and avoid enabling and recycling would be the goal for the City's support. The providers present were praised for accomplishing these goals. It was stated that housing voucher amounts are not sufficient and that the City should be communicating this and other homeless matters to the State. It was stated that home ownership is one of the keys to breaking the cycle of poverty. It was stated that large employers have available land and should start stretching their thinking to consider providing worker housing.

Council Regular Meeting, 4/19/2022, Item No. 4., Item Page 2, Packet Page 26 City Council Minutes March 23, 2022
3 CONSENT ITEM
No public comments were received on the consent item.

On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEM:

2. Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period March 24, 2022 through April 22, 2022 Pursuant to AB361 Ralph M.

Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
Adopted Resolution No. 22-026 C.S.
***End of Consent Agenda***
***Adjourn to Closed Session (See additional agenda)*** No public comments on the closed session were received.

The Council adjourned to closed session at 5:46 p.m.

ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
Action: On a 4-0-1 roll call vote with Mayor Roberson absent, confidential direction was given to labor negotiators

ADJOURNMENT
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
Council Regular Meeting, 4/19/2022, Item No. 4., Item Page 3, Packet Page 27 Council
Agenda Report
№07/19
FROM: Nat Rojanasathira, Assistant City Manager
Prepared by: Doug Phillips, General Manager, Monterey Conference Center SUBJECT: Authorize Amendment to the Agreement for Destination Marketing and Group Sales Services with the Monterey County Convention and Visitors Bureau to Increase the Not-to-Exceed Amount from $989,405 to $1,800,000 Effective April 14, 2022 (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to amend the agreement with the Monterey County Convention and Visitors Bureau for FY 2021/2022 for destination marketing and group sales services to increase the not to exceed amount to $1,800,000, effective April 14, 2022.

VALUE DRIVER:

POLICY IMPLICATIONS:

Pursuant to Monterey City Code Section 28-16, the City Council may award contracts for services or projects of up to one million dollars ($1,000,000) in value to a nonprofit organization qualified under 501(c)(3) or 501(c)(6) of the Internal Revenue Code. The Monterey County Convention and Visitors Bureau (MCCVB) is a 501(c)(6) qualified organization. On March 15, 2022, the Monterey City Council amended the Monterey City Code to allow services performed by the State-recognized Destination Marketing Organization for the Monterey Region as a sole source exception to competitive procurement requirements. The ordinance is effective on April 14, 2022.

Based on the projected increase in TOT for FY 2021/2022, the City’s current contribution formula, 6% of Transient Occupancy Tax (TOT) revenue, to the Destination Marketing Organization (Monterey County Convention & Visitors Bureau), will exceed the current not-toexceed amount of $1,000,000. It is estimated that 6% of TOT revenue will not exceed $1,800,000. Therefore, staff recommends an amendment to the existing agreement with MCCVB for a not-to-exceed amount of $1,800,000.

FISCAL IMPLICATIONS:

Per past Council practice, the City of Monterey has invested 6% of the previous year’s Transient Occupancy Tax (TOT) revenue to fund destination marketing services. These funds have been granted to the State of California’s designated Destination Marketing Organization (DMO) for the region, the Monterey County Convention & Visitors Bureau (MCCVB), with a reduction of Date: 4/19/2022
Item No.: 5.

Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 1, Packet Page 28 $350,000 as part of MCCVB’s contribution to the City for repayment of internal loans for the Conference Center renovation project.

Compensation for services in the proposed agreement is based on current, remitted TOT, allowing the City to pay as it collects, rather than last year’s collections or future projections. The compensation for MCCVB services in FY 2021/2022 includes 6% of remitted TOT reduced by the $350,000 for the conference center and further reduced one-time by $78,042 for the Visitor Information Center final payment. Funding of up to $1,800,000 for this contract is included in the Adopted FY 2021/2022 Budget. Exceeding this amount would require returning to Council for approval of an appropriation of funds.

ENVIRONMENTAL DETERMINATION:

Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The Council could choose not to authorize this agreement or increase or decrease the funds provided for these services. The funding for the MCCVB comes from a set aside in the City’s “Municipal Promotions Account.”
The City Council could choose to invest all or part of its tourism marketing dollars through another organization, such as the chambers of commerce, business associations, or private marketing firm. The City Council could also conduct tourism marketing in-house, within a City department. Some cities, such as Carmel-by-the-Sea and Pacific Grove, choose to divert part of their marketing investment to the MCCVB and their local visitor center or Chamber of Commerce. However, this approach is not recommended because staff believes investing in marketing at a regional level will significantly impact business and leisure travel within the City of Monterey. Unlike the cities of Carmel-by-the-Sea and Pacific Grove, the City of Monterey primarily attracts business visitors, which is a particular target market of the MCCVB.

Council could also redirect some or all of the funds to other areas of service delivery that enhance or support Monterey as a premier destination. Such services could include funding for public safety, upgrades to streetscape and infrastructure, park and trail improvements, or a business district maintenance program.

DISCUSSION:

Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 2, Packet Page 29 For over two decades, the Monterey City Council has, on an annual basis, authorized funding for the MCCVB to provide a destination sales and marketing program for both group sales and leisure and convention delegate and housing services. The scope of work includes:
 Generating meeting and event leads for the City of Monterey, including city-wide conference leads consisting of a minimum group room block of three hundred fifty or more (350+) peak rooms.
 Soliciting meeting, event, and citywide accounts, building customer relationships to book business, giving sales presentations, attending/participating in direct sales activities, coordinating city-wide hotel and conference center negotiations where appropriate, arranging site inspections, and preparing bid presentations and representing the City at important customer events.
 Executing aggressive marketing, PR, and sales program to leverage renovations, technical enhancements, Canvas Studio, LEED Platinum Certification, and GBAC Star accreditation of the Monterey Conference Center, including marketing and sales development tools, customer and media familiarizations and other initiatives as mutually agreed.
 Working to develop overnight business by working with the travel trade and collaborating with Visit California and Brand USA. This work includes prospecting, familiarization tours, and site visits.
 Meeting at least monthly with the Monterey Conference Center's General Manager and Sales Coordinator to collaborate, review bookings and forecast specific citywide sales performance metrics for the current fiscal year.
 Creating a public business plan that outlines all sales and marketing initiatives planned for the fiscal year, including meeting, event, and citywide conference sales and marketing programs.
 Executing media relations programs by working extensively with travel journalists (consumer and trade), proactively pitching stories, promoting Monterey and the Monterey Peninsula, and servicing their requests for images, press kits, and related materials.
 Marketing through advertising, promotions, and social media and otherwise promote Monterey as a preferred leisure and group meeting destination.  Maintaining and continually improving a robust website with information serving meeting and event planners and individual travelers to Monterey.  Stimulating interest and desire in critical domestic and international feeder markets to visit Monterey.
 Providing housing bureau functions and conference services for group customers, including but not limited to the creation of microsites, development of pre-and postfunction itineraries and options, venue and services research and procurement, welcome programs, attendance building programs, and when appropriate, “Flash Your Badge" program, on-site information desks, collateral distribution, and registration services.  Providing the City with a monthly newsletter describing activity and progress toward business plan goals, and detailed quarterly reports of services provided, results and ROI under this Agreement and other MCCVB services that are a benefit to the community and the travel/tourism industry locally, including city-wide sales groups and the number of leads generated
 Conduct quarterly meetings with City staff to review data and performance in all categories of services provided under the agreement.

Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 3, Packet Page 30 The MCCVB currently provides destination leisure marketing for all cities on the Monterey Peninsula, including all unincorporated areas of Monterey County and the cities of Salinas and Soledad. Investing in the MCCVB at a regional level has the benefit of leveraging the City’s contributions with the total funds contributed by all participating agencies.

Currently, the MCCVB annual budget ranks 10th among the region’s top 12 DMO competition in the State of California. The MCCVB spends approximately $644 per available room compared to our top competition, Napa Valley, which spends roughly $1,312 per available room. MCCVB is the principal business development agency for the Monterey Conference Center (MCC), whose primary purpose is to generate overnight stays in Monterey’s hotels and generate revenue for businesses that benefit from groups and meetings.

This strategic partnership between MCCVB and MCC is critical in attracting the highly-valued group and meeting attendees. This is achieved by filling hotel rooms during midweek periods and increasing rates and compression that benefit hosting hotels and other businesses throughout the area. The business development team at the MCCVB has committed to participating in over 50 tradeshows and client events throughout the FY 2021-22.

The City participates in and is the lead agency for the Monterey County Tourism Improvement District (MCTID). The MCCVB Board of Directors is designated as the MCTID’s Owners Association. Funds collected by the MCTID, through a separate assessment charged to hotel guests in the District on a per-room-night basis, are also leveraged to administer marketing programs to promote Monterey as a tourism destination and fund projects, programs, and activities that benefit lodging businesses within the boundaries of the District. Resolution 18-207 established the Monterey County Tourism Improvement District (MCTID), and Resolution 20- 171 approved the annual report of the MCTID for FY 2021/2022.

NR/dp
Attachments: 1. Draft Resolution
cc: Rob O’Keefe, MCCVB President and CEO
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments.

Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 4, Packet Page 31 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12

AUTHORIZE AMENDMENT TO THE AGREEMENT WITH THE MONTEREY COUNTY

CONVENTION AND VISITORS BUREAU FOR DESTINATION MARKETING AND GROUP SALES SERVICES TO INCREASE THE NOT-TO-EXCEED AMOUNT FROM $989,405 TO $1,800,000, EFFECTIVE APRIL 14, 2022
WHEREAS, the City of Monterey desires destination marketing, convention housing, delegate services and sales, marketing, public relations support for the Monterey Conference Center through its marketing and business development team; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Sections 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager to enter into an agreement with the Monterey County Convention and Visitors Bureau for destination marketing, group sales services, convention housing, and delegate services in Monterey for an amount not to exceed $1,800,000 effective April 14, 2022 through June 30, 2022, plus four, one-year options to extend.

Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 5, Packet Page 32 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 5., Item Page 6, Packet Page 33 Council
Agenda Report
FROM: Clementine Bonner Klein, City Clerk
SUBJECT: Authorize Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period April 20, 2022 through May 20, 2022 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a project under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061)
RECOMMENDATION:

That the City Council consider the state of the COVID-19 emergency and adopt a resolution to authorize remote teleconference attendance for all public meetings of City of Monterey legislative bodies under emergency-specific Brown Act provisions for the period of April 20, 2022 through May 20, 2022. This action is required to comply with the Brown Act.

VALUE DRIVERS:

This action aligns with the City’s Value Driver to: “in collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.”
Furthermore, it is consistent with the City’s Strategic Priority to “ensure the health and wellness of the community including the COVID-19 pandemic response through emergency operations, clear communication with the public, delivering vaccinations, supporting testing efforts, issuing emergency orders, managing social distancing regulations, adopting eviction protections, hosting blood drives, and providing food security.”
POLICY IMPLICATIONS:

The recommendations in this report are consistent with the requirements of the Ralph M. Brown Act (Government Code section 54950 through 54963). The City’s policy is to ensure the public’s health, safety, and welfare of its employees, residents, and visitors. Continuing to authorize remote attendance of public meetings will help reduce the spread of COVID-19.

Government Code section 549853(e)(3) requires the city to make certain findings to continue with the emergency teleconferencing provisions of the Brown Act: to consider the circumstances of the state of emergency, and any of the following circumstances must exist (1) the state of emergency continues to directly impact the ability of members to meet safely in person and (2) state or local officials continue to impose or recommend measures to promote social distancing.

FISCAL IMPLICATIONS:

There is no new or additional cost associated with offering free and secure teleconferencing participation in the City’s public meetings through toll-free telephone and internet-based ZoomGov webinars and free live-streamed meeting observation on cable access television and/or on the internet via YouTube when possible. The City currently pays $5,500 annually for Date: 4/19/2022
Item No.: 6.

Council Regular Meeting, 4/19/2022, Item No. 6., Item Page 1, Packet Page 34 the ZoomGov webinar accounts and toll-free phone access used for public meetings. Live streaming of public meetings on Comcast Channel 25 is provided under an ongoing public, educational, and government (“PEG”) cable access agreement with Access Monterey Peninsula, Inc. In 2021, the City contributed around $240,000 towards Access Monterey Peninsula.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 CEQA Guidelines Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

ALTERNATIVES CONSIDERED:

Upon consideration of the state of emergency, the Council may choose not to authorize emergency teleconference attendance of meetings. This would mean that meetings held after April 22, 2022 (the expiration date of Resolution No. 22-026 C.S.) would be subject to Government Code section 54953(b)(3) pre-COVID-19 Brown Act noticing and quorum requirements for teleconference attendance at public meetings by elected and appointed officials of the City’s legislative bodies.

DISCUSSION:

Background
The Ralph M. Brown Act requires local government business to be conducted at open and public meetings with few exceptions. The COVID-19 pandemic presented significant health and safety concerns that made public gatherings unsafe. This resulted in the City of Monterey and many other public agencies holding public meetings with remote attendance methods authorized in Governor Newsom’s emergency executive orders to protect attendees' health and safety.

In September 2021, the Brown Act was amended by Assembly Bill 361 (“AB 361”), authorizing the city and other public agencies to continue to allow teleconference attendance at public meetings if the legislative body makes certain findings. Accordingly, the City Council has adopted resolutions with the required findings at least every 30 days from October 5, 2021, to March 23, 2022. During this period, attendance was primarily conducted in a hybrid format, allowing both in-person and teleconference attendance. (Omicron presented a brief exception from mid-January to the end of March 2022.) This flexibility has ensured transparent, healthy, and safe public access to the city’s meetings and meetings of its legislative bodies. The current teleconferencing authorization is effective through April 22, 2022. Findings regarding the COVID-19 state of emergency will continue to be agendized for Council consideration at least every 30 days as required by State law as long as the state of emergency is in place and until Council Regular Meeting, 4/19/2022, Item No. 6., Item Page 2, Packet Page 35 the Council determines conditions are safe to return to non-pandemic Brown Act provisions for the city’s public meetings.

The ZoomGov platform currently used by the City for teleconference meeting attendance allows for participation that is free, broadly accessible, safe, and secure. The Council and public are able to attend meetings remotely using any internet-accessible device or by dialing toll-free on the telephone and remain socially distanced while engaging in important public discourse.

Current Findings
Facts supporting continued authorization for teleconferencing pursuant to Government Code section 54954(e)(3)(B)(i) are:
 The Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and three lineages of the Omicron variant constituted 100% of COVID-19 cases in the United States as of March 26, 2022, as reported by the CDC on April 15, 2022.
 According to Monterey County’s COVID-19 Biweekly Update updated on April 14, 2022, the COVID-19 case rate in Monterey County is 3.2 cases per 100,000 people with a test positivity rate of 1.9%, and 9 people hospitalized.

Staff recommends that the City Council consider the current state of the COVID-19 emergency and, in order to protect the health and safety of public meeting attendees, adopt the attached resolution to authorize emergency teleconference attendance of public meetings through May 20, 2022.

CBK
Attachments: 1. Draft Resolution
cc: All City boards, commissions, and committees
Neighborhood Associations
Business Associations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 6., Item Page 3, Packet Page 36 RESOLUTION NO. __-___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

AUTHORIZE REMOTE TELECONFERENCE MEETINGS

OF THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF APRIL 20 THROUGH MAY 20, 2022
PURSUANT TO AB 361 RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City Council is empowered to take actions necessary to protect and has an important governmental interest in protecting the health, safety, and welfare of those who participate in meetings of the City Council and its legislative bodies subject to California Government Code sections 54950-54963 (the Ralph M. Brown Act, or “Brown Act”); WHEREAS, on October 5, 2021, November 2, 2021, November 16, 2021, December 7, 2021, December 21, 2021, January 18, 2022, February 15, 2022, March 15, 2022, and March 23, 2022, the City Council adopted resolutions authorizing teleconference attendance of public meetings for the City Council and Boards, Commissions and Committees due to the imminent risk to the health and safety of attendees relating to in-person meeting attendance; WHEREAS, the City Council has reconsidered the circumstances of the state of the COVID-19 emergency;
WHEREAS, the Omicron variant of the virus was classified by the World Health Organization (“WHO”) as a Variant of Concern on November 26, 2021, was identified in the United States as reported by the CDC on December 1, 2021, and three lineages of the Omicron variant constituted 100% of COVID-19 cases in the United States as of March 26, 2022, as reported by the CDC on April 15, 2022;
WHEREAS, according to Monterey County’s COVID-19 Biweekly Update updated April 14, 2022, the COVID-19 case rate in Monterey County is 3.2 cases per 100,000 people with a test positivity rate of 1.9% and 9 people hospitalized; WHEREAS, the Monterey County Health Department continues to recommend that physical and social distancing strategies be practiced in Monterey County, which includes remote meetings of legislative bodies of local agencies, to the extent possible; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 4/19/2022, Item No. 6., Item Page 4, Packet Page 37 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that:

1. The above recitals are true and correct and are incorporated herein by this reference.
2 Pursuant to Government Code section 59453(e)(3)(B)(i), the City Council has reviewed the circumstances of the continued state of emergency posed by the spread of COVID-19 and finds that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, and holding meetings exclusively in person would present imminent risks to the health and safety of attendees.

3. The City Council authorizes remote teleconferencing public meetings of the City Council and city boards, commissions, and committees pursuant to Government Code section 59453(e)(1). This Resolution expires on May 20, 2022.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this __ day of ______, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 6., Item Page 5, Packet Page 38 Council
Agenda Report
№08/22
FROM: Nat Rojanasathira, Assistant City Manager
Prepared By: Angie Blake, Assistant Director of Information Resources SUBJECT: Authorize Agreement with Infor Public Sector, Inc. and Appropriate $328,279.09 for Purchase of Infor Public Sector Suite (Hansen) Multi-year Support Agreement (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to authorize an agreement and appropriate funds in the amount of $328,279.09 for the purchase of Infor Public Sector Suite (Hansen) multi-year software support services.

VALUE DRIVERS:

Negotiating lower-cost service agreements for technology aligns with the Value Driver to “Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.”
POLICY IMPLICATIONS:

The choice of Infor as the solution vendor is consistent with our existing practice of providing responsive, quality, and cost-effective information technology solutions that enable City departments to be successful in achieving their respective missions.

FISCAL IMPLICATIONS:

The software support services from Infor Public Sector, Inc. is considered a sole source purchase because they are the only provider of support services for their products; as such, no formal competitive process for this purchase was necessary.

Staff has negotiated a new service and support agreement that would save approximately $19,693.79 over three years if the agreement is approved by May 1, 2022 The pending purchase will total $328,279.09, including sales tax and delivery. For FY22, the contract amount of $106,208.26 will be paid from the existing budget appropriation from the Information Services Fund 710, service contracts account [710-030-0340-0000-4238], which has $186,828.66 available as of March 14, 2022. For FY23 and FY24, funds will need to be appropriated from the Information Services Fund 710 for the proposed scheduled payments of $109,394.50 and $112,676.33, respectively.

Date: 4/19/2022
Item No.: 7.

Council Regular Meeting, 4/19/2022, Item No. 7., Item Page 1, Packet Page 39 ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

ALTERNATIVES CONSIDERED:

An alternative is to continue to honor the existing support and services agreement to pay increases up to 6% yearly and not take advantage of $19,693.79 in savings over the next three years. This is not recommended, however.

DISCUSSION:

The City of Monterey originally purchased Hansen software in 1997 to manage the work program in the Public Works Department. Hansen tracks and manages assets and resources, providing an automated solution for costing, inventory, maintenance, investigations, and inspections for fleet, street, wastewater, parks, urban forestry, cemetery, plant and facilities, sewer, and roadways. The Hansen system has been instrumental in providing the underlying reporting, inventory tracking, work management capacity, etc., for the City’s base operations contracts with the U.S. Army Garrison Presidio of Monterey.

On August 19, 2014, Council authorized the acquisition and awarded contracts for services to Infor Public Sector, Inc. and TruePoint Solutions to upgrade the Public Works Department’s Hansen Asset Management Software and to add the Community Development Department’s work management software solutions. Hansen, now called Infor Public Sector Suite, tracks and manages all land use and community development activities, including permits, building safety, building inspections, investigations, reviews, zoning, project plans, and code enforcement.

Infor’s services and support plan provides software upgrades, updates, system patches, and unlimited support. Per the City’s existing agreement, the cost for Infor Hansen services and support will increase up to 6% each year. Staff has negotiated a new service and support agreement that would save approximately $19,693.79 over three years if the agreement is approved by May 1, 2022. The discounted term is from June 1, 2022, to May 31, 2025. Support would automatically renew for successive twelve-month periods unless either party provides written notice to the other party of non-renewal at least 90 days prior to the commencement of the renewal period. The annual increase of 3% is included in the annual payment amounts.

Following the support term, the yearly increase would be 6% or the annual Consumer Price Index (CPI) increase, whichever is greater.

Council Regular Meeting, 4/19/2022, Item No. 7., Item Page 2, Packet Page 40 Proposed Payment Schedule:
$ 106,208.26 (plus applicable taxes) is due no later than May 1, 2022 $ 109,394.50 (plus applicable taxes) is due no later than May 1, 2023 $ 112,676.33 (plus applicable taxes) is due no later than May 1, 2024 NR/ab
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 7., Item Page 3, Packet Page 41 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AUTHORIZE AGREEMENT WITH INFOR PUBLIC SECTOR, INC. AND APPROPRIATE $328,279.09 FOR PURCHASE OF INFOR PUBLIC SECTOR SUITE (HANSEN) MULTI-YEAR

SUPPORT AGREEMENT
WHEREAS, negotiating lower-cost service agreements for technology aligns with Value Driver to “serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships”; WHEREAS, the choice of Infor as the solution vendor is consistent with our existing practice of providing responsive, quality, and cost-effective information technology solutions that enable City departments to be successful in achieving their respective missions; WHEREAS, the software support services from Infor Public Sector, Inc. is considered a sole source purchase because they are the only provider of support services for their products; as such, no formal competitive process for this purchase was necessary; WHEREAS, staff has negotiated a new service and support agreement that will save approximately $19,693.79 over a three-year period if the agreement is approved by May 1, 2022;
WHEREAS, the pending purchase will total $328,279.09, including sales tax and delivery. For FY22, the contract amount of $106,208.26 will be paid from the existing budget appropriation from the Information Services Fund 710, service contracts account [710-030- 0340-4238], which has $186,828.66 available as of March 14, 2022. For FY23 and FY24, funds will need to be appropriated from the Information Services Fund 710 for the proposed scheduled payments of $109,394.50 and $112,676.33, respectively; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

Council Regular Meeting, 4/19/2022, Item No. 7., Item Page 4, Packet Page 42 2 1. Authorizes the City Manager, or his designee, to execute an agreement in the amount of 328,279.09 for the purchase of Infor Public Sector Suite multiyear software support services; and

2. Authorizes the appropriation of funds from the Information Services Service Contract fund account [710-030-0340-0000-4238] in the amount of $106,208.26 for FY22, $109,394.50 for FY23, and $112,676.33 for FY24 budgets accordingly.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 7., Item Page 5, Packet Page 43 Council
Agenda Report
№08/22
FROM: Gaudenz Panholzer, Fire Chief
SUBJECT: Amend Resolution 21-018 Authorizing the City Manager to Enter into an Agreement with the City of Salinas to Jointly Participate in a Grant to Fund Paramedic Training to Reflect the Full Grant Amount (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council amend the resolution authorizing the City Manager to enter into an agreement with the City of Salinas to jointly participate in a grant to fund paramedic training in order to reflect the full grant amount.

VALUE DRIVERS:

POLICY IMPLICATIONS:

The City Council passed Resolution No. 21-018 C.S. on March 2, 2021, to authorize entering into this agreement. That original resolution reflected fiscal implications that have since changed. In the interest of full transparency, staff is requesting Council to amend the authorization to enter into the agreement to reflect the updated dollar amounts.

FISCAL IMPLICATIONS:

The City of Monterey has been awarded a Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG), in an amount not to exceed $682,550, for the purpose of sending three personnel to paramedic school. This is a regional grant shared with the City of Salinas and hosted by Monterey. As a condition of the grant, Monterey and Salinas are responsible for a cost-share of 10% of the Federal dollars dispersed on their respective behalves.

Monterey will contract with the grant manager to manage the grant for a cost not to exceed $12,000; Monterey and Salinas will equally share this cost. Under the proposed agreement, Salinas will pay Monterey an amount equal to 5% of their total expenditures as a Host Agency Fee. The Host Agency Fee will not exceed Monterey’s total cost-share.

Actual costs will depend on several factors, including scheduling, the need for overtime coverage, and final costs of the program for tuition, fees, and books. The projections below Date: 4/19/2022
Item No.: 8.

Council Regular Meeting, 4/19/2022, Item No. 8., Item Page 1, Packet Page 44 reflect the best estimate based on the information available. The remainder of the grant funds not reflected in the table below will be distributed to Salinas or retained by FEMA.

Item Quantity Cost per item Total Cost
Tuition, books, etc. 3 $14,000 $ 42,000
Overtime / Back-fill 3 $82,500 $ 247,500
Subtotal $ 289,600
Grant (Federal) Share $
(263,273)
Monterey Share $ 26,327
Grant Management fee (Monterey share) $ 6,000
Host Agency fee (paid by Salinas to Monterey) $ (19,300) Net cost to Monterey $ 13,027
ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

No alternatives are recommended as the City has already applied for and been awarded the grant.

DISCUSSION:

The City of Monterey has been providing paramedic services since October 2018. Paramedics undergo about 1,500 hours of training to provide this higher level of emergency medical service.

The Fire Department currently has 14 personnel that are paramedics.

There is a need to bring additional paramedic-trained personnel into the program to support the paramedic program. This can be accomplished by hiring already trained personnel or providing the training to existing personnel. Training personnel to become paramedics is a very costly endeavor as it involves not only the costs for the training program but also significant overtime to send personnel to class on their days off and back-fill for them while they are in class on duty days. The benefit of training existing personnel is two-fold. First, it provides an excellent career development opportunity to personnel, allowing them to feel valued and contribute more to the Council Regular Meeting, 4/19/2022, Item No. 8., Item Page 2, Packet Page 45 City’s mission. Secondly, there is always a risk that newly-hired personnel who are already trained paramedics may not successfully complete their probationary period while existing personnel are a known success.

The City of Monterey has historically received Assistance to Firefighters Grants (AFG) for many equipment purchases and frequently partners with other local fire agencies on these applications. Most recently, Monterey partnered with the City of Salinas on a paramedic training grant that Salinas hosted; that program successfully allowed Monterey to train three firefighters as paramedics. AFG grant opportunities allow Monterey to purchase needed equipment and training with the U.S. Department of Homeland Security (DHS) providing 90% of the funding and Monterey only having to provide 10%.

Resolution 21-018 authorized the City Manager to enter into an agreement with the City of Salinas to jointly participate in the AFG grant, with Monterey serving as the Host Agency responsible for coordinating, planning, and purchasing paramedic training and Advanced Life Support equipment. When FEMA approved the grant, they disallowed the purchase of the Advanced Life Support equipment and amended the grant total to reflect that disallowance. The proposed resolution clarifies that the AFG grant is in an amount not to exceed $682,500; however, the ultimate amount of the grant will depend on the actual costs of the training procured by Monterey. As such, the exact amount of the 10% cost-share for Monterey and Salinas can only be estimated at this time. Additionally, Salinas will pay Monterey a Host Agency Fee amounting to 5% of Salinas’ total-grant funded expenditures in a total amount not to exceed Monterey’s ten percent (10%) cost-share. This additional fee will offset a portion of Monterey’s cost-share.

Staff recommends that the City Council adopt the attached resolution amending the authorization for the City Manager to enter into an agreement with the City of Salinas to jointly participate in a grant to fund paramedic training, for Monterey to serve as the Host Agency for the grant, and for Salinas to pay Monterey a Host Agency Fee amounting to 5% of Salinas’ total-grant funded expenditures in a total amount not to exceed Monterey’s ten percent (10%) cost-share.

GP/gp
Attachments: 1. Resolution
e: Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 8., Item Page 3, Packet Page 46 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22
AMENDING RESOLUTION 21-018 AUTHORIZING THE CITY MANAGER TO ENTER INTO

AN AGREEMENT WITH THE CITY OF SALINAS TO JOINTLY PARTICIPATE IN A GRANT

TO FUND PARAMEDIC TRAINING
WHEREAS, the City of Monterey Fire Department needs to have additional paramedics as well as additional cardiac monitors for its paramedic program; WHEREAS, the Fire Department has been awarded an Assistance to Firefighters Grant from the U.S. Department of Homeland Security, which covers approximately 90% of the cost to send three firefighters to paramedic school and associated overtime costs; WHEREAS, the grant, in a total amount not to exceed $682,550, is a regional grant shared with the City of Salinas. The ultimate amount of the grant will depend on the actual costs of the training procured by the City of Monterey;
WHEREAS, Resolution 21-018 authorized the City Manager to enter into an agreement with the City of Salinas to jointly participate in the grant with the City of Monterey serving as the Host Agency responsible for coordinating, planning, and purchasing paramedic training and Advanced Life Support equipment;
WHEREAS, this amended authorization clarifies that in addition to paying its ten percent (10%) cost-share required under the grant, the City of Salinas will pay the City of Monterey a Host Agency Fee amounting to 5% of Salinas’ total-grant funded expenditures in a total amount not to exceed Monterey’s ten percent (10%) cost share in order to offset Monterey’s costs as the Host Agency; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby amends Resolution 21-018 and authorizes the City Manager to enter into an agreement with the City of Salinas to jointly participate in an Assistance to Firefighters Grant to fund paramedic training, for Monterey to serve as the Host Agency for the grant, and Council Regular Meeting, 4/19/2022, Item No. 8., Item Page 4, Packet Page 47 2 for Salinas to pay Monterey a Host Agency Fee amounting to 5% of Salinas’ total-grant funded expenditures in a total amount not to exceed Monterey’s ten percent (10%) cost-share.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 19th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 8., Item Page 5, Packet Page 48 Council
Agenda Report
№08/22
FROM: Karen Larson, Parks and Recreation Director
SUBJECT: Authorize Increase of FY22 Revenue and Appropriation of $8,555.70 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvements Project ***CIP/NCIP**** (Adopted Initial Study-Mitigated Negative Declaration) RECOMMENDATION:

That the City Council adopt a resolution authorizing the Finance Director to accept funds from the Monterey Stinging Jellies Disc Golf Club (MSJDGC), increase FY22 revenue and appropriate the amount of $8,555.70 to the Ryan Ranch Disc Golf ADA Improvements Project (CIP2121).

VALUE DRIVERS:

POLICY IMPLICATIONS:

This project is consistent with the City’s Quality of Life Strategic Priority to foster opportunities for the public to stay physically and mentally active through activities and services in our parks, trails, beaches, campgrounds, sports center, and community centers.

FISCAL IMPLICATIONS:

This appropriation for ADA improvements at Ryan Ranch Park is fully funded by MSJDGC.

Total Project Construction Estimate:

Construction Work Order: $39,687.00
Construction Contingency: $3,968.70
Total Project Construction Estimate: $43,655.70
Previously Approved Amount: $35,100.00
Additional Appropriation from MSJDCG (This Authorization): $8,555.70 Total Funding for this Project: $43,655.70

Date: 4/19/2022
Item No.: 9.

Council Regular Meeting, 4/19/2022, Item No. 9., Item Page 1, Packet Page 49 ENVIRONMENTAL DETERMINATION:

On November 5, 2019, the City Council adopted a Mitigated Negative Declaration for the Ryan Ranch Park (Resolution No. 19-170 C.S.). A Notice of Intent to Adopt a Mitigated Negative Declaration was posted according to the California Environmental Quality Act (CEQA) Section 15072 and a Draft Initial Study and Mitigated Negative Declaration (IS/MND) were circulated for public review for the required 30-day public review period, from August 23, 2019 to November 1, 2019 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office and on the City’s website. The IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological and cultural resources. Mitigation Measures have been required that will reduce the potential impacts to a less-than-significant level.

ALTERNATIVES CONSIDERED:

The Council could decide not to allow the City Manager to not accept funding from the MSJDGC. However, this is not recommended since the City has worked in good faith with the Disc Golf Club to execute an agreement that would allow disc golf activities to resume at Ryan Ranch Park under specific conditions, including the Club’s contribution to funding ADA improvements.

DISCUSSION:

The City of Monterey currently owns and operates the 75-acre Ryan Ranch Park located along Highway 68 between Ragsdale Drive and Canyon Del Rey Boulevard. The site remains in its natural setting, and people enjoy walking and hiking at the site. There is an existing unimproved parking area for park users. The Ryan Ranch Park property is currently zoned for park, and open space uses.

The City’s agreement with MSJDGC establishes the guidelines regarding disc golf activities at Ryan Ranch Park and the funding of ADA improvements. The site would primarily remain in a natural setting to allow passive uses, such as disc golf, walking, hiking, and bird watching. Site improvements include the re-installation of disc golf baskets, a new accessible parking stall and sidewalk to the first golf tee, and an ADA-compliant portable toilet with a handwashing station.

Periodic site maintenance performed by the Disc Golf Club would include mowing the area, maintenance of the portable toilet, tree work, and weed trimming as necessary without compensation. This agreement serves as a model public-nonprofit partnership between a community organization and the City, allowing expanded recreational uses at a park while minimizing operational and capital infrastructure costs for the City.

On October 19, 2021, the City Council authorized the City Manager to enter into an agreement with the MSJDGC and accept a $35,100 contribution towards the Ryan Ranch Disc Golf ADA Improvements Project based on a preliminary bid. Once the City reached a tentative agreement with the Club, the City received a quote for this work from the Don Chapin Company, Inc. The cost of these ADA improvements is now $39,687. In their agreement, executed on March 9, 2022, the MSJDGC agreed to provide the full amount of the cost estimate for the ADA improvements plus a 10% contingency. If accepting the funding is approved by Council and if the funding is received from MSJDGC, construction may begin the first week of May 2022.

Council Regular Meeting, 4/19/2022, Item No. 9., Item Page 2, Packet Page 50 Therefore, staff recommends that City Council adopt a resolution authorizing the Finance Director to accept funds from the Monterey Stinging Jellies Disc Golf Club (MSJDGC), increase FY22 revenue and appropriate the amount of $8,555.70 to the Ryan Ranch Disc Golf ADA Improvements Project (CIP2121).

Attachments: 1. Resolution
e: Monterey Stinging Jellies Disc Golf Club
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 9., Item Page 3, Packet Page 51 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№12/12
AUTHORIZE INCREASE OF FY22 REVENUE AND APPROPRIATION OF $8,555.70 TO THE

CAPITAL PROJECT FUND, RYAN RANCH DISC GOLF ADA IMPROVEMENT PROJECT ***CIP/NCIP***
WHEREAS, the disc golf course at Ryan Ranch Park is consistent with the site's General Plan and Zoning designations for open space and park uses; WHEREAS, the City of Monterey received approval on July 29, 2019, from the Monterey County Airport Land Use Commission that the disc golf activities at Ryan Ranch are consistent with the 2019 Airport Land Use Compatibility Plan (ALUCP) requirements for Monterey Regional Airport;
WHEREAS, both the Monterey Stinging Jellies Disc Golf Club and the City of Monterey desire to provide disc golf activities for the community in the future in compliance with the City of Monterey Ryan Ranch Park Improvements Mitigated Negative Declaration dated August 19, 2019 ("MND");
WHEREAS, on September 11, 2019, the City’s Parks and Recreation Commission voted to support the concept of disc golf at Ryan Ranch Park after consideration of the impacts identified in the Mitigated Negative Declaration;
WHEREAS, the City of Monterey and Monterey Stinging Jellies Disc Golf Club desire to sustain the public recreation area and the disc golf course at the premises of Ryan Ranch Park in order to provide a disc golf facility to the community; WHEREAS, on October 19, 2021, the City Council authorized the City Manager to enter into an agreement with the Monterey Stinging Jellies Disc Golf Club; amended Resolution 19- 116 to include the Ryan Ranch Disc Golf ADA Improvements, and authorized an increase of FY22 revenue and appropriation of $35,100 to the Capital Project Fund, Ryan Ranch Disc Golf ADA Improvement Project;
WHEREAS, the revised project cost, including a 10% contingency, is $39,687, and the Monterey Stinging Jellies Disc Golf Club agreed to pay the full amount of the ADA improvements and the contingency;
WHEREAS, on November 5, 2019, the City Council adopted a Mitigated Negative Declaration for the Ryan Ranch Park (Resolution No. 19-170 C.S.). A Notice of Intent to Adopt a Mitigated Negative Declaration was posted according to the California Environmental Quality Act (CEQA) Section 15072 and a Draft Initial Study and Mitigated Negative Declaration (IS/MND) were circulated for public review for the required 30-day public review period, from August 23, 2019, to November 1, 2019 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office and on the City’s website. The IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological and cultural resources. Mitigation Measures have been required that will reduce the potential impacts to a less-than-significant level.

Council Regular Meeting, 4/19/2022, Item No. 9., Item Page 4, Packet Page 52 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby: authorizes the Finance Director to increase FY22 revenue and appropriate $8,555.70 to the Capital Projects Fund, Ryan Ranch Disc Golf ADA Improvements.

This appropriation is fully funded by the MSJDGC.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 20_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 9., Item Page 5, Packet Page 53 Council
Agenda Report
FROM: Rafaela T. King, Finance Director
Prepared by: Felicia Ming, Accountant-Auditor
SUBJECT: Amend Resolution 21-131 to Authorize the Deed Restriction requirement for the California State Parks’ Per Capita Grant (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council amend Resolution 21-131, authorizing the deed restriction requirement for the California State Parks’ Per Capita Grant.

VALUE DRIVER:

Serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships. In addition, this action supports the Strategic Priority to “identify and seek grant funding opportunities for City services and infrastructure, including parks, recreation, library, museums, public safety, fire prevention, and planning.” FISCAL IMPLICATIONS:

The State of California Parks and Recreation Department awarded the City $177,985 through its Per Capita Grant to fund eligible improvements to the Monterey Sports Center without any type of match funding for the City, thus saving the City from using its general fund revenues.

POLICY IMPLICATIONS:

The deed restriction requirement came to staff’s attention upon execution of the agreement (Ag10905) and this action is to confirm that the Council wants to proceed with the grant in light of the deed restriction requirement.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 1, Packet Page 54 this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

DISCUSSION:

Summary
At its meeting on December 21, 2021, the Monterey City Council approved the application of Per Capita Grant Funds (Proposition 68), Managed by the California Department of Parks and Recreation (California State Parks). Upon execution of the agreement, it came to the staff’s attention that a deed restriction must be recorded before the approval of grant payments. Its purpose is to restrict the title to the property, whereby safeguarding the property for purposes consistent with the Per Capita Grant will be in effect only for the duration of the contract performance period, ending on June 30, 2048. It is recommended that the City Council amend Resolution 21-131 to authorize the deed restriction requirement for this grant.

The Per Capita Grant would prioritize improvement projects at the Sports Center. Projects for consideration include: repair or replace the natatorium water slide stair; replace the entrance door to the Sports Center and the doors in the natatorium, and replace the damaged windows in Studio II.

History of the Monterey Sports Center
Construction of the Monterey Sports Center began in the spring of 1991 and opened its doors to the public in the summer of 1992. The 56,000 square foot Monterey Sports Center celebrates its thirtieth anniversary this summer. As with any large and aging structure, it requires regular repair and maintenance. In February 2022, the State of California Parks and Recreation Department awarded the City $177,985 through its Per Capita Grant to fund eligible improvements to the Monterey Sports Center.
“Per Capita Grant Program” is Not Actually Per Capita
Prop 68 allocates $198,875,000 through two programs – General Per Capita Program ($185,000,000) and the Urban County Per Capita program ($13,875,000) - for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis.

Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and address deficiencies in neighborhoods lacking access to the outdoors. Funds are allocated to Cities, Counties, and eligible Regional Park or Open Space Districts. For Counties and Regional Park District allocations, the allocation rate is $1.64 per Capita, with a minimum of $400,000 in funding for populations below 247,577. Cities, however, receive a flat allocation of $177,952, regardless of population. The “Per Capita Grant Program” is not, in fact, “per capita.” For example, the City of Sand City, population 325, receives $547.54 per capita, while the City of Los Angeles, population 3,898,747, receives $0.046 per Capita. Since the City of Monterey will receive $177,952 for its population of 30,218, the City of Monterey’s per capita allocation is $92.98 per resident. Therefore, this State grant program is not a “Per Capita” Grant, as the State has characterized it.

Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 2, Packet Page 55 Deed Restriction
As part of the Per Capita Grant, a Deed Restriction must be recorded prior to the approval of grant payments. (Attachment 2.) This requirement was brought to the attention of the City by the State Parks and Recreation Department after the agreement was signed and executed. (Attachment 3.) Its purpose is to restrict the title to the property, thereby safeguarding the property for purposes consistent with the Per Capita Grant and will be in effect only for the duration of the contract performance period, ending on June 30, 2048.

The deed restriction requires the City to operate and maintain the MSC for its current purposes for the duration of the agreement. It may be transferred to another entity if the successor entity assumes the obligations imposed by the agreement and with the state’s approval. During the term of the deed restriction, the MSC also may not be used as security for municipal debt without the state’s permission.

Conclusion
The Monterey Sports Center prides itself on being the largest and most complete family fitness center on the Monterey Peninsula. It serves as a model facility for other cities throughout the state with its world-class amenities, fostering the health and wellness of its community. The City of Monterey has an unyielding commitment to ensuring it is safe and enjoyable for all facility users and wishes to utilize this State grant funding opportunity, which requires execution and recording of the deed restriction.

FM/pb
Attachments: 1. Draft Resolution

2. Deed Restriction

3. Resolution 21-131 & Grant Contract, Ag-10905
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 3, Packet Page 56 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
AMEND RESOLUTION 21-131 TO AUTHORIZE THE DEED RESTRICTION REQUIREMENT FOR THE CALIFORNIA STATE PARKS’ PER CAPITA GRANT
WHEREAS, on December 21, 2021, the City Council adopted Resolution 21-131, approving application(s) for Per Capita Grant funds and authorizing the City Manager, or designee, to execute all contract and related documents to receive and administer the grant funds;
WHEREAS, The State Parks and Recreation Department awarded the City $177,985 through its Per Capita Grant to fund eligible improvements to the Monterey Sports Center without any type of match funding for the City, thus saving the City from using its general fund revenues;
WHEREAS, the deed restriction requirement came to staff’s attention upon execution of agreement (Ag-10905) and this action is to confirm that the Council wants to proceed with the grant in light of the deed restriction requirement;
WHEREAS, the deed restriction requires the City to operate and maintain the MSC for its current purposes for the duration of the agreement. It may be transferred to another entity if the successor entity assumes the obligations imposed by the agreement and with the approval of the state. The MSC also may not be used as security for municipal debt without the permission of the state;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability; WHEREAS, construction of the Monterey Sports Center began in the Spring of 1991 and opened its doors to the public in the Summer of 1992. This Summer, the 56,000 square foot Monterey Sports Center celebrates its thirtieth anniversary. As with any large and aging structure, it requires regular repair and maintenance;
WHEREAS, the Per Capita Grant will support the City’s Parks and Recreation program in efforts to rehabilitate the Sports Center. Projects for consideration include: repair or replace the natatorium water slide stair structure; replace the entrance door to the Sports Center and the doors in the natatorium; and replace the damaged windows in Studio II; Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 4, Packet Page 57 WHEREAS, as part of the Per Capita Grant, a Deed Restriction must be recorded prior to the approval of grant payments. This requirement was brought to the attention of the City by the State Parks and Recreation Department after the agreement was signed and executed. Its purpose is to restrict the title to the property, whereby safeguarding the property for purposes consistent with the Per Capita Grant and will be in effect only for the duration of the contract performance period, ending on June 30, 2048; and
WHEREAS, the Monterey Sports Center prides itself as being the largest and most complete family fitness center on the Monterey Peninsula. It serves as a model facility for other cities throughout the state with its world-class amenities, fostering the health and wellness of its community. The City of Monterey has an unyielding commitment to ensure it is safe for everyone enjoying the facility and it is of paramount importance to utilize this generous grant funding from the State of California in order to help keep it safe, welcoming, and enjoyable for all.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby amends Resolution 21-131 to authorize the Mayor to execute the deed restriction, which is a requirement for the Per Capita Grant.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 5, Packet Page 58 State of California  Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896  Sacramento, CA 94296-0001
(916) 653-7423
March 15, 2022
Felicia Ming
Accountant Auditor
City of Monterey
735 Pacific Street, Suit A
Monterey, CA 93940
Re: 2018 Parks Bond Act Per Capita
Contract Number: C9801409
Dear Felicia Ming:

Enclosed for your files is a copy of a fully executed contract for the above referenced project. Refer to your Grant Administration Guide for grant administration information.

Please remember that you must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities.

In addition, this grant requires that a deed restriction be recorded on the title to the property. The deed restriction protects the State's interest in the property, and ensures that the property will be used for purposes consistent with the grant contract. No payments, except those necessary for acquisition, can be made until we receive a copy of the recorded deed restriction. The deed restriction and instructions are attached.

If you have any questions, please contact me at (916) 591-2023 or email me at [email protected].

Sincerely,
Lisa Vigil
Project Officer
Enclosure(s)
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 6, Packet Page 59 1 Deed Restriction
The Deed Restriction restricts the title to the property, safeguarding the property for purposes consistent with the GRANT for the duration of the CONTRACT PERFORMANCE PERIOD.

If the GRANTEE owns the PROJECT land, a Deed Restriction must be recorded on the title to the property before OGALS will approve any grant payments except an advance into escrow. A Deed Restriction is not required if the GRANTEE does not own the PROJECT land, such as where the GRANTEE is improving property it has access to under a lease agreement.

Deed Restriction Instructions
Before filing the Deed Restriction, the GRANTEE must own the PROJECT land, and have an encumbered CONTRACT for the GRANT amount.

The PROJECT OFFICER will send the Deed Restriction to the GRANTEE. Do not alter the Deed Restriction. The GRANTEE takes the following steps:

1. Add ownership information to Paragraph I of the Deed Restriction: [formal name of GRANTEE] Insert ownership information as it appears on the deed.

2. Create 3 copies (GRANTEE copy, OGALS cop
required attachments:
description of every parcel of property to which grant funds will be used for the development and/or parcel number or a street address is NOT a valid legal description.) and, Grant CONTRACT and provisions signed by the AUTHORIZED REPRESENTATIVE and the State of California.

3. Notarize it: Take 3 copies of the following documents to a notary. OGALS recommends submitting these documents to the PROJECT OFFICER for review prior to notarizing.

Unsigned and undated Deed Restriction
Exhibit A (Legal Description of Property)
Exhibit B (Grant CONTRACT)
The AUTHORIZED REPRESENTATIVE dates and signs the Deed Restriction signature page in the presence of a notary. The notary will complete a Notary Acknowledgement (Civil Code §1189). the county in which the property is located. Ask the County Clerk to record the Deed Restriction with Notary Acknowledgement, Exhibit A, and Exhibit B, on the title to the property.

5. Send it: Make sure to send a copy of the notarized and recorded Deed Restriction, Exhibit A, and Exhibit B to the OGALS Project Officer.

ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 7, Packet Page 60 1 RECORDING REQUESTED BY:

California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:

Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Lisa Vigil
SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE

DEED RESTRICTION
I. WHEREAS,_____________________________________________________________ _____________________________________ (hereinafter referred to as “Owner(s)” is/are recorded owner(s) of the real property described in Exhibit A, attached and incorporated herein by reference (hereinafter referred to as the “Property”); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to as “DPR”) is a public agency created and existing under the authority of section 5001 of the California Public Resources Code (hereinafter referred to as the “PRC”). And III. WHEREAS, Owner(s) (or Grantee) applied to DPR for grant funds available pursuant to the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All of 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program for Monterey Sports Center Improvements including entrance access, window replacements, and water slide stairs and pool railing. on the Property; and
IV. WHEREAS, on _July 1, 2020 , DPR’s Office of Grants and Local Services conditionally approved Grant 18-27-017 , (hereinafter referred to as “Grant”) for Monterey Sports Center Improvements including entrance access, window replacements, and water slide stairs and pool railing. on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 8, Packet Page 61 2 V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the Grant would not be consistent with the public purposes of the 2018 Parks Bond Act, 2018 Parks Bond Act Per Capita Program and the funds that are the subject of the Grant could therefore not have been allocated; and
VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant, so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant; NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successorsin-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof.

1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1, 2018 through June 30, 2048.

2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax-deeded property.

3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at times reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being observed.

ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 9, Packet Page 62 3 4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction up to and including a lien sale of the property. In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach.

5. SEVERABILITY. If any provision of these restrictionsis held to be invalid, or for any reason becomes unenforceable, no other provision shall be affected or impaired.

Dated: ______________________, 20 ____
Business Name (if property is owned by a business): __________________________________________ Owner(s) Name(s): ____________________________________________________________________ _____________________________________________________________________________________ Signed: ________________________________ Signed: ________________________________ ________________________________ ________________________________

PRINT/TYPE NAME & TITLE OF ABOVE PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) (ADDITIONAL SIGNATURE, AS REQUIRED) ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 10, Packet Page 63 4 **NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 11, Packet Page 64 5 State of California
County of _______________
On __________________ before me, __________________________, a Notary Public, personally appeared _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ______________________________ (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 12, Packet Page 65 RESOLUTION NO. 21-131 C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY

APPROVING APPLICATION(S) FOR PER CAPITA GRANT FUNDS AND

AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE ALL CONTRACT

AND RELATED DOCUMENTS TO RECEIVE AND ADMINISTER THE GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); WHEREAS, said procedures established by the State Department of Parks and Recreation require the Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and WHEREAS, the grantee will enter into a contract(s) with the State of California to complete project(s);
NOW, THEREFORE, BE IT RESOLVED that the CITY COUNCIL hereby:

1. Approves the filing of project application(s) for Per Capita program grant project(s);

2. Certifies that said grantee has or will have available, prior to commencement of project work utilizing Per Capita funding, sufficient funds to complete the project(s);

3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s);

4. Certifies that all projects proposed will be consistent with the park and recreation element of the recreation plan (PRC §80063(a));

5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d));

6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code;

7. (PRC §80001(b)(8)(A-G)) To the extent practicable, as identified in the Memorandum--Promoting Diversity and Inclusion in Our National Parks, National Forests, and Other Public Lands and dated January 12, 2017, the City of Monterey will consider a range of actions that include, but are not limited to, the following:
(A) Conducting active outreach to diverse populations, particularly minority, low- income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities. (B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations.
(D) Identifying and implementing improvements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.
(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.

ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 13, Packet Page 66 (F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs.
(G) Identifying possible staff liaisons to diverse populations.

8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5));

9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of other funding that has been expended for parks or other projects, but which is not available on an ongoing basis, shall not be considered when expenditures completion of the grant scope(s);

10. Agrees to comply with all applicable. (PRC §80062(d));

11. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Procedural Guide;

12. Delegates the authority to the City Manager, or designee, to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s);

13. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines; and

14. The City of Monterey determined that the proposed action is not a project as defined by the California Environmen
20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 21st day of December, 2021, by the following vote:

AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 14, Packet Page 67 State of California Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director P.O. Box 942896 Sacramento, CA 94296-0001
(916) 653-7423
January 10, 2022
Jeffrey Barry
Finance Analyst
City of Monterey
735 Pacific Street, Suite A
Monterey, CA 93940
Re: 2018 Parks Bond Act Per Capita
Contract Number: C9801409
Dear Jeffrey Barry:

Enclosed is a contract for the above-referenced program. Please sign and return it within 30 days. We will send you a copy after it is signed by the State. Please remember that any projects funded by this contract must comply with all applicable state and federal laws and regulations including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and the laws and codes pertaining to individuals with disabilities.

If you have any questions, please contact me at (916) 591-2023 or email me at [email protected].

Sincerely,
Lisa Vigil
Project Officer
Enclosure(s)
Agreement #: Ag-10905 - Page 1 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 15, Packet Page 68 State of California - Natural Resources Agency

DEPARTMENT OF PARKS AND RECREATION

GRANT CONTRACT
2018 Parks Bond Act
Per Capita Grant Program

GRANTEE
THE PROJECT PERFORMANCE PERIOD is from
Grantee
The General and Special Provisions attached are made a part of and incorporated into the Contract.

By
Title
Date
(Signature of Authorized Representative)
By
Date

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
City of Monterey
City of Monterey
City Manager
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of the Department of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below.

The GRANTEE agrees to complete the GRANT SCOPE(s) as defined in the GRANT SCOPE/Cost Estimate Form or acquisition documentation for the application(s) filed with the State of California.

PROJECT NO.

CERTIFICATION OF FUNDING
(For State Use Only)

AMOUNT ENCUMBERED BY THIS DOCUMENT

CONTRACT NO
FUND.

PRIOR AMOUNT ENCUMBERED FOR THIS

CONTRACT
FISCAL SUPPLIER I.D.

TOTAL AMOUNT ENCUMBERED TO DATE
$

ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. ACTIVITY CODE PROJECT / WORK PHASE 2021/22
C9801409
3790-101-6088 29
69801
Drought, Water, Cln Air, Cstl Protc, Outdoor Fund
37900091 5432000-5432000000
$177,952.00
0000011768
18 AMENDMENT NO
$177,952.00
CONTRACT PERFORMANCE PERIOD is from July 01, 2018 through June 30, 2048 July 01, 2018 through June 30, 2024
Agreement #: Ag-10905 - Page 2 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 16, Packet Page 69 1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and City of Monterey (her
The DEPARTMENT hereby grants to GRANTEE a
_$177,952___, subject to the terms and conditions of this AGREEMENT and the 2018/19 California State Budget, Chapter 29, statutes of 2018, Item number 3790-101-6088 (appropriation chapter and budget item number hereinafter referred to as ). These funds shall be used for completion of the GRANT SCOPE(S).

The Grant Performance Period is from _July 01, 2018_ to _June 30, 2024_.

II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:

1. Protection, and Outdoor Access for All Act of 2018, as referred to in section I of this CONTRACT.

2. t for a
project pursuant to the enabling legislation and/or grant program process guide requirements.

3. and Recreation.

4. erty by
means of, but not limited to, construction, expansion, and/or renovation, of permanent or fixed features of the property.

5. this CONTRACT.

6. items listed in the GRANT SCOPE/Cost
Estimate Form or acquisition documentation found in each of the APPLICATIONS submitted pursuant to this grant.

7. , Water, Parks, Climate, Coastal
Agreement #: Ag-10905 - Page 3 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 17, Packet Page 70 2 PROCEDURAL GUIDE provides the procedures and policies controlling the administration of the grant.

B. Project Execution

1. Subject to the availability of GRANT MONIES, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated in Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.

The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).

The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION. Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.

2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.

3. The GRANTEE shall comply with the California Environmental Quality Act (Public Resources Code, Section 21000, et seq., Title 14, California Code of Regulations, Section 15000 et seq.).

4. The GRANTEE shall comply with all applicable current laws and regulations affecting DEVELOPMENT projects, including, but not limited to, legal requirements for construction contracts, building codes, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).

C. Project Costs

1. GRANTEE agrees to abide by the PROCEDURAL GUIDE.

2. GRANTEE acknowledges that STATE may make reasonable changes to its procedures as set forth in the PROCEDURAL GUIDE. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.

D. Project Administration

1. If GRANT MONIES are advanced for DEVELOPMENT projects, the advanced funds shall be placed in an interest bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the Agreement #: Ag-10905 - Page 4 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 18, Packet Page 71 3 grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the Grant Performance Period, whichever is earlier.

2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The Grant Performance Period is identified in Section I of this CONTRACT.

3. The GRANTEE shall make property or facilities acquired and/or developed pursuant to this contract available for inspection upon request by the STATE.

E. Project Termination

1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE.

2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.

3. Failure by the GRANTEE to comply with the terms of the (a) PROCEDURAL GUIDE, (b) any legislation applicable to the ACT, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE. To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.

4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to: a) Specific Performance; b) Return of all GRANT MONIES; c) Payment to the STATE of the fair market value of the project property or the actual sales price, whichever is higher; and d) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.

5. The GRANTEE and the STATE agree that if the GRANT SCOPE includes DEVELOPMENT, final payment may not be made until the work described in the GRANT SCOPE is complete and the GRANT PROJECT is open to the public.

F. Budget Contingency Clause
Agreement #: Ag-10905 - Page 5 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 19, Packet Page 72 4 If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this contract with no liability occurring to the STATE, or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph E, provision 2, of this CONTRACT.

G. Hold Harmless

1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.

2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the ACQUISITION, DEVELOPMENT, construction, operation or maintenance of the property described as the project which claims, demands or causes of action arise under California Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.

3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE
litigation costs, expenses, and reasonable attorney fees.

4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction.

Neither party shall request a jury apportionment.

5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.

H. Financial Records

1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project Agreement #: Ag-10905 - Page 6 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 20, Packet Page 73 5 termination or issuance of final payment, whichever is later.

2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.

3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this contract or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this contract. Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.

4. The GRANTEE shall use a generally accepted accounting system.

I. Use of Facilities

1. The GRANTEE agrees that the GRANTEE shall operate and maintain the property acquired or developed with the GRANT MONIES, for the duration of the Contract Performance Period.

2. The GRANTEE agrees that, during the Contract Performance Period, the GRANTEE shall use the property acquired or developed with GRANT MONIES under this contract only for the purposes of this grant and no other use, sale, or other disposition or change of the use of the property to one not consistent with its purpose shall be permitted except as authorized by the STATE and the property shall be replaced with property of equivalent value and usefulness as determined by the STATE.

3. The property acquired or developed may be transferred to another entity if the successor entity assumes the obligations imposed under this CONTRACT and with the approval of STATE.

4. Any real Property (including any portion of it or any interest in it) may not be used as security for any debt or mitigation, without the written approval of the STATE provided that such approval shall not be unreasonably withheld as long as the purposes for which the Grant was awarded are maintained. Any such permission that is granted does not make the STATE a guarantor or a surety for any debt or rformance under
the Grant CONTRACT.

Agreement #: Ag-10905 - Page 7 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 21, Packet Page 74 6 5. All real property, or rights thereto, acquired with GRANT MONIES shall be subject to an appropriate form of restrictive title, rights, or covenants approved by the STATE. If the project property is taken by use of eminent domain, GRANTEE shall reimburse STATE an amount at least equal to the amount of GRANT MONIES received from STATE or the pro-rated full market value of the real property, including improvements, at the time of sale, whichever is higher.

6. If eminent domain proceedings are initiated against GRANTEE, GRANTEE shall notify STATE within 10 days of receiving the complaint.

J. Nondiscrimination

1. The GRANTEE shall not discriminate against any person on the basis of sex, race, color, national origin, age, religion, ancestry, sexual orientation, or disability in the use of any property or facility developed pursuant to this contract.

2. The GRANTEE shall not discriminate against any person on the basis of residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.

3. All facilities shall be open to members of the public generally, except as noted under the special provisions of this project contract or under provisions of the enabling legislation and/or grant program.

K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.

L. Liability

1. STATE assumes no responsibility for assuring the safety or standards of construction, site improvements or programs related to the GRANT SCOPE. the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.

2. GRANTEE will secure adequate liability insurance, performance bond, interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.

M. Assignability
Agreement #: Ag-10905 - Page 8 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 22, Packet Page 75 7 responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.

N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.

O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.

P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach, shall not be construed as a waiver of said rights; and the waiver of any breach under this CONTRACT shall not be construed as a waiver of any subsequent breach.
_City of Monterey____________________________________

GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________

STATE OF CALIFORNIA

DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Date: _________________________________
Agreement #: Ag-10905 - Page 9 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 23, Packet Page 76 8 Agreement #: Ag-10905 - Page 10 of 10
ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 10., Item Page 24, Packet Page 77 Council
Agenda Report
№08/22
FROM: Steve Wittry, Public Works Director
Prepared by: Andrea Renny, City Traffic Engineer
SUBJECT: Award a Sole Source Contract to Edges Electrical Group in the Amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot (Exempt from CEQA, Article 19, Section 15302, Class 2) RECOMMENDATION:

That the City Council adopt a resolution:

1. Awarding a Sole Source Contract to Edges Electrical Group in the amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot, and

2. Authorizing the City Manager, or his designee, to execute the contract upon the receipt of the information required by the legal agreement.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement”, and Active Mobility – “Maintain and repair core street, roadway, and storm drain infrastructure.”
FISCAL IMPLICATIONS:

Funds are available for this purchase in the Waterfront Parking Lot Resurfacing/Strip Project (CIP2005). The current available project balance is $1,234,178.26. The Finance Department approved the sole source purchasing under City Code section 28-15(c) on April 5, 2022.

ENVIRONMENTAL DETERMINATION:

On February 16, 2016, the City of Monterey certified a Mitigated Negative Declaration for the Waterfront Master Plan. The Master Plan serves as a guide for future activities within the planning area. New development that is permitted by the Master Plan such as parking lot improvements is subject to further environmental review, all General Plan policies, General Plan EIR mitigations, water quality standards, and waste discharge requirements.

Date: 4/19/2022
Item No.: 11.

Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 1, Packet Page 78 Construction activities proposed as part of the Master Plan will be subject to the City’s adopted regulations regarding storm water drainage requirements and erosion control measures that would prohibit negative impacts resulting from substantial erosion or siltation or flooding on - or off-site or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff or otherwise substantially degrade water quality.

Per the California Environmental Quality Act (CEQA), a Notice of Intent to Adopt a Mitigated Negative Declaration for the Waterfront Master Plan was posted according to CEQA Section 15072 and a Draft Initial Study and Mitigated Negative Declaration (IS/MND) circulated for public review for the required 30-day public review period, from August 20, 2015 to September 21, 2015 (CEQA Section 15073), during which time all related documents were made available at the Monterey City Hall Planning Office and on the City's website for the waterfront project and no timely comment letters were received. The IS/MND identifies that the project could result in potentially significant environmental impacts associated with biological and cultural resources. Mitigation Measures have been required that will reduce the potential impacts to a less-than-significant level. A Notice of Determination was filed according to CEQA requirements following City Council adoption of the Negative Declaration and approval of the Waterfront Master Plan.

As indicated by the IS/MND, the Waterfront Parking Lot Improvement Project, including the marina parking lot, is subject to further environmental review, provided below.

The City of Monterey Planning Office determined the project is exempt from CEQA Guidelines (Article 19, Section 15302, Class 2) because the project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. The reconstructed parking area would consist of a newly paved parking lot with reconfigured parking stalls and Recreational Trail to provide a more efficient flow through the parking lot for vehicles and vehicles with trailers; and the installation of water quality treatment facilities to treat stormwater on-site. All existing trees in the Marina parking lot will be removed; however, they will be replaced. The project includes active bird nest surveys if the project commences during the breeding season (February through August). Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. Exception a – Location – does not apply to projects which are exempt under Class 1.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. No cumulative impacts are anticipated.

Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 2, Packet Page 79 Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project is limited in scope and locations; therefore, no significant effect would occur.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The parking lot is not located on or near a local or state designated state scenic highway. Therefore, impacts to scenic highways would not occur.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The subject site is not located on a hazardous waste site which is included on any list compiled pursuant to Section 65962.5 of the Government Code.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

The planning area is within an area identified in the General Plan EIR as having a high probability of containing prehistoric artifacts and other archaeological resources. Disturbance of an archaeological resource is considered a potentially significant impact. CEQA Guidelines section 15064.5 defines “substantial adverse change” to include “alteration of the resource or its immediate surroundings such that the significance of an historical resource would be materially impaired.” The project site (i.e., marina parking lot) does not contain any aboveground historic structures. Minor grading will occur for the project, and holes will be dug for the light poles. An archeological monitor will be present on-site during grading and digging.

Therefore, impacts to historical resources will not occur.

ALTERNATIVES CONSIDERED:

Council could choose to not award the sole-source contract; however, that is not recommended as this would limit the City’s ability to complete the project. The lighting for the project was approved by the Coastal Commission on December 17, 2021, and Edges Electrical Group is the only local distributor for this product.

DISCUSSION:

Summary
Awarding a Sole Source Contract to Edges Electrical Group for Phase 2 (Marina Lot) of the Waterfront Parking Lot Resurface/Stripe Project would allow the lighting to match Phase 1 of the Waterfront Parking Lot Project, which was completed in 2019.

The Waterfront and Marina Lots provide critical parking needs to visitors of the Monterey Harbor and Waterfront, including Old Fisherman’s Wharf, Custom House Plaza, Municipal Wharf 2, Monterey Municipal Beach, and surrounding areas. Once completed, this project will rehabilitate the failing pavement and improve safety and circulation.

The Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot is expected to Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 3, Packet Page 80 start in fall 2022 and be completed by spring 2023.

Project Scope
On January 3, 2022, the City received the Coastal Development Permit Waiver from the California Coast Commission for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot. The project consists of the reconstruction and reconfiguration of the existing parking lot, realignment of the existing recreational trail, and installation of new lighting poles and fixtures to match the completed Waterfront Parking Lot Resurface/Stripe Project Phase 1. The City Council received a presentation on this project at its meeting on June 15, 2021.

Lighting poles and fixtures have a significant lead time. Procuring the equipment in advance of the construction project will shorten the contract construction time as well as avoid the contractor mark-up associated with procurement. Edges Electrical Group is the only local distributor for the light fixtures and poles approved by the Coastal Commission for the Waterfront Parking Lot Resurface/Stripe Project - Phase 2 – Marina Lot. The Finance Department approved the sole source purchasing under City Code section 28-15(c) on April 5, 2022.

Conclusion
Therefore, staff recommends that Council adopt a resolution:

1. Awarding a Sole Source Contract to Edges Electrical Group in the amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot, and

2. Authorizing the City Manager, or his designee, to execute the contract upon the receipt of the information required by the legal agreement.

SW/ar
Attachment: Resolution
e: Rafaela King, Finance Director
c: Edges Electrical Group, 7 Work Circle, Salinas, CA 93901 Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 4, Packet Page 81 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22

AWARD A SOLE SOURCE CONTRACT TO EDGES ELECTRICAL GROUP IN THE AMOUNT OF $175,528.64 FOR THE WATERFRONT PARKING LOT RESURFACE/STRIPE PROJECT – PHASE 2 – MARINA LOT
WHEREAS, on January 3, 2022, the City received the Coastal Development Permit Waiver from the California Coast Commission for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot;
WHEREAS, the project consists of the reconstruction and reconfiguration of the existing parking lot, realignment of the existing recreational trail, and installation of new lighting poles and fixtures to match the completed Waterfront Parking Lot Resurface/Stripe Project Phase 1; WHEREAS, the City of Monterey solicited a bid for AV Poles and Lighting from Edges Electrical Group of Salinas;
WHEREAS, the Finance Department approved the sole source purchase pursuant to City Code section 28-15 (c) on April 5, 2022;
WHEREAS, the City of Monterey has funds available in the Waterfront Parking Lot Resurface/Stripe Project (CIP2005); and
WHEREAS, on February 16, 2016, the City of Monterey certified a Mitigated Negative Declaration for the Waterfront Master Plan. The Master Plan serves as a guide for future activities within the planning area. New development that is permitted by the Master Plan such as parking lot improvements is subject to further environmental review, all General Plan policies, General Plan EIR mitigations, water quality standards, and waste discharge requirements. Construction activities proposed as part of the Master Plan will be subject to the City’s adopted regulations regarding storm water drainage requirements and erosion control measures that would prohibit negative impacts resulting from substantial erosion or siltation or flooding on- or off-site or contribute runoff water which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff or otherwise substantially degrade water quality.

Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 5, Packet Page 82 2 As indicated by the IS/MND, the Waterfront Parking Lot Improvement Project, including the marina parking lot, is subject to further environmental review, provided below.

Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines Section 15300.2.

Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. The proposed project involves the removal of the existing parking lot, and the reconstruction of the demolished parking lot with substantially the same purpose and capacity as the existing parking lot. No cumulative impacts are anticipated.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. The project is limited in scope and locations; therefore, no significant effect would occur.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report (EIR). The parking lot is not located on or near a local or state designated state scenic highway. Therefore, impacts to scenic highways would not occur.

Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 6, Packet Page 83 3 Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource.

Therefore, impacts to historical resources will not occur.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby:

1. Awards a Sole Source Contract to Edges Electrical Group in the amount of $175,528.64 for the Waterfront Parking Lot Resurface/Stripe Project – Phase 2 – Marina Lot, and

2. Authorizes the City Manager, or his designee, to execute the contract upon the receipt of the information required by the legal agreement.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 11., Item Page 7, Packet Page 84 Council
Agenda Report
№07/19
FROM: Steve Wittry, P.E., Public Works Director
Prepared By: Thomas Harty, P.E., Senior Engineer
SUBJECT: Award a Professional Services Agreement for the Completion of the Sanitary Sewer Master Plan to G7ei, Inc. in the Amount Not-to-Exceed $192,000. ***CIP*** (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt the attached resolution:

1. Awarding a Professional Services Agreement for the Completion of the Sanitary Sewer Master Plan (“Project”) to G7ei, Inc. in the Amount Not-to-Exceed $192,000.

2. Authorizing the City Manager, or his designee, to execute the agreement with G7ei, Inc.

VALUE DRIVERS:

POLICY IMPLICATIONS:

This Project is consistent with the City Council’s Value Drivers and Strategic Priorities of Quality of Life – “Respond effectively to neighborhood concerns”, Fiscal Stewardship – “Prioritize funding models and sources for facility rehabilitation, repair, and replacement”, and Active Mobility – “Maintain and repair core street, roadway, and storm drain infrastructure.” FISCAL IMPLICATIONS:

The City Council approved $475,000 for the Sanitary Sewer Master Plan Update as part of the 2018-19 Capital Improvement Project budget. To date, the project has incurred approximately $206,000 of staff and consultant costs towards the completion of this project leaving a balance of approximately $269,000. The proposed professional services contract is for a not-to-exceed amount of $192,000. Sufficient funding is available for this action is available within the Project account (33c1804).

ENVIRONMENTAL DETERMINATION:

City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general Date: 4/19/2022
Item No.: 12.

Council Regular Meeting, 4/19/2022, Item No. 12., Item Page 1, Packet Page 85 rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could elect not to award the agreement; however, this is not recommended. This agreement will allow the City to continue to utilize G7ei, Inc. to complete the Sanitary Sewer Master Plan through to the completion of the project. A change in consultants at this point in time would lead to further project delays and increased costs.

DISCUSSION:

Overview
The Sanitary Sewer Master Plan (SSMP) consists of a single comprehensive document that reflects the community’s requirements, legal responsibilities, and environmental changes (e.g., sea level rise) for the City’s sewer system. On April 16, 2019, the City Council awarded a Professional Services Agreement for the Preparation of the Sanitary Sewer Master Plan to G7ei, Inc. for a fee not-to-exceed $359,289. The original agreement term expired December 31, 2020. At that time, the consultant had only expended approximately $168,000.

Due to pandemic-related delays and expiration of the original agreement term, a new agreement valued up to $192,000 utilizing the project balance is needed to complete the Plan.

Contract History
The Sanitary Sewer Master Plan experienced delays in securing data and records from outside service providers as a result of COVID-19 impacts. In addition, due to internal staffing changes, the contract term expired prior to the completion of the work and a new contract agreement was required.

On March 16, 2021, the City Council awarded a new Professional Services Agreement for the completion of the SSMP to supplement and complete the Master Plan. As a result of the impacts of COVID-19 on key sub-consultants on the team, the agreement was not executed.

These issues have been resolved and a new agreement is ready for approval.

The agreement with G7ei, Inc. is necessary to complete the study, provide an essential baseline assessment of the current state of the City’s sewer infrastructure and make recommendations for future needs and priorities for the next 20 years. The not-to-exceed amount of this new agreement is $192,000. The total value of the work assigned to G7ei, Inc. for this project will be a not-to-exceed amount of $359,155. No additional funding is being added to the scope of the original contract with G7ei or to the total project amount by this action. This agreement will be an extension of the services and activities necessary to complete the project.

Council Regular Meeting, 4/19/2022, Item No. 12., Item Page 2, Packet Page 86 Key services to be provided include: Sanitary Sewer Master Plan completion, system maps, management plan evaluation, and presentations.

Conclusion
Staff recommends that the City Council adopt the attached resolution:

1. Awarding a Professional Services Agreement for Completion of the Sanitary Sewer Master Plan (“Project”) to G7ei, Inc. in the Amount Not-to-Exceed $192,000.

2. Authorizing the City Manager, or his designee, to execute the agreement with G7ei, Inc.

TH/ah
Attachments: Resolution
e: Paul H. Greenway, President, G7ei, Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19

AWARD A PROFESSIONAL SERVICES AGREEMENT FOR THE COMPLETION OF THE SANITARY SEWER MASTER PLAN TO G7EI, INC. IN THE AMOUNT NOT-TOEXCEED $192,000.00 ***CIP*** WHEREAS, on April 16, 2019, the City Council awarded a Professional Services Agreement for the Preparation of the Sanitary Sewer Master Plan to G7ei, Inc. for a fee not-toexceed $359,289; WHEREAS, due to unavoidable delays, the term of the agreement expired prior to the completion of the scope of work;
WHEREAS, a new agreement with G7ei, Inc. is necessary to continue an adequate study, and provide an essential baseline assessment of the current state of the City’s sewer infrastructure and make recommendations for future needs and priorities for the next 20 years; WHEREAS, this action uses funds previously allocated to G7ei, Inc., therefore no additional funding is being added to the total project amount under this agreement; WHEREAS, sufficient funding is available for this action in the Capital Projects Fund, Sanitary Sewer Master Plan Update account (33c1804) for which no additional appropriation is required to award this; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby

1. Awards a Professional Services Agreement for Completion of the Sanitary Sewer Master Plan (“Project”) to G7ei, Inc. in the Amount Not-to-Exceed $192,000.

2. Authorizes the City Manager, or his designee, to execute the agreement with G7ei, Inc.

Council Regular Meeting, 4/19/2022, Item No. 12., Item Page 4, Packet Page 88 2 NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 12., Item Page 5, Packet Page 89 Council
Agenda Report
№08/22
FROM: Steve Wittry, P.E., Public Works Director/City Engineer Prepared By: Sara South, Engineering Programs Analyst
SUBJECT: Authorize an Appropriation of Measure P/S Funds in the Amount of $1,500,000 to the Measure P Sidewalks Project Account (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council authorize an appropriation of Measure P/S Funds in the amount of $1,500,000 to the Measure P Sidewalks Project Account (35C1552) and increase the budget of the Measure P/S Sidewalks Project Account (35c1552) in the amount of $1,500,000.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Due to funding limitations as a result of the COVID-19 pandemic, staff has reprioritized the implementation of Measure P/S funds to focus on sidewalks and pavement work. With a transfer of $1,500,000 from the Measure P/S Fund to the Measure P Sidewalks project account, we will be able to complete sidewalk repairs identified through the City’s Sidewalk Repair Program. Sufficient funding is available for this appropriation.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/19/2022, Item No. 13., Item Page 1, Packet Page 90 the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could choose to not authorize the appropriation of funds; however, this is not recommended. The proposed appropriation of funds will allow the City to implement maintenance activities that are required to maintain existing infrastructure.

DISCUSSION:

In November 2014, 74% of Monterey voters approved Measure P, effective April 1, 2015 through March 31, 2019, which was a 1% sales tax to address deferred maintenance for streets, sidewalks, potholes, storm drain maintenance, and disabled access and safety improvements.

In November 2018, 82% of voters supported Measure S, which is a continuation of Measure P, which took effect on April 1, 2019, and will expire on March 31, 2027.

Due to various factors associated with the COVID-19 pandemic, staff has reprioritized the implementation of Measure P/S funds to focus on sidewalks and pavement work. As a result, the staff is requesting a transfer of $1,500,000 from the Measure P/S Fund to the Measure P/S Sidewalks Account (35c1552). The transfer will enable the completion of various sidewalk and park walkway repairs that have been identified through the City’s Sidewalk Repair Program.

This effort also supports the City’s efforts to enhance accessibility in our community.

The maintenance activities consist of the removal and replacement of damaged sidewalks and walkways throughout the City of Monterey that has been identified as the responsibility of the City, consistent with Chapter 32, Article 4 of the City Code.

Therefore, it is recommended that the City Council adopt the attached resolution authorizing an appropriation of Measure P/S Funds in the amount of $1,500,000 to the Measure P Sidewalk Project Account (35C1552).

SW/ss
Attachments: 1. Resolution
e: Rafaela King, Finance Director
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 13., Item Page 2, Packet Page 91 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№08/22

AUTHORIZE AN APPROPRIATION OF MEASURE P/S FUNDS IN THE AMOUNT OF $1,500,000 TO THE MEASURE P SIDEWALKS PROJECT ACCOUNT
WHEREAS, due to various factors associated with the COVID-19 pandemic, staff has reprioritized the implementation of Measure P/S funds to focus on sidewalks and pathway repair work;
WHEREAS, staff is requesting a transfer of $1,500,000 from the Measure P/S Fund to the Measure P/S Sidewalks Account (35c1552);
WHEREAS, the transfer will enable the completion of various sidewalk and walkway repairs that have been identified through the City’s Sidewalk Repair Program; WHEREAS, sufficient funding is available for this appropriation; and, WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes an appropriation of Measure P/S Funds in the amount of $1,500,000 to the Measure P Sidewalks Project Account (35C1552) and increases the budget of the Measure P/S Sidewalks Project Account (35c1552) in the amount of $1,500,000.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 4/19/2022, Item No. 13., Item Page 3, Packet Page 92 2 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 13., Item Page 4, Packet Page 93 Council
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Ted Terrasas, REHS, Sustainability Manager SUBJECT: Amend Resolution No. 22-003 to Update the MOU with MRWMD and Authorize the Finance Director to Remit CalRecycle SB1383 Local Assistance Grant Program Funds to MRWMD for Public Education, Outreach, and Compliance Monitoring Relating to Organics Recycling and Edible Food Recovery (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council amend Resolution No. 22-003 to update the Memorandum of Understanding (MOU) with the Monterey Regional Waste Management District (MRWMD) and authorize the Finance Director to forward CalRecycle SB1383 Local Assistance Grant Program funds projected to be $38,247 to the City for public education, outreach, and compliance monitoring relating to organic waste recycling and edible food recovery programs.

VALUE DRIVER:

Protect and preserve our natural environment by addressing climate change through ecologically responsible and pragmatic solutions.

POLICY IMPLICATIONS:

The City must comply with CalRecycle regulations implementing SB 1383, which is a State law meant to address to short-lived climate pollutants, such as methane, produced by food and other organic waste. As a result, program implementation, monitoring, tracking, public outreach, and reporting to the State will be responsibilities assigned to the City. While the City could work to address these responsibilities on its own, collaborating with the other jurisdictions in the region facing the same regulatory requirements offers a potentially more efficient and costeffective response.

FISCAL IMPLICATIONS:

The City previously appropriated $41,134 to be paid to MRWMD for the City’s share of costs for SB1383 mandated public education and outreach, contamination monitoring, and edible food waste recovery programs administered by the MRWMD pursuant to the parties’ MOU. The Community Development Department received the first installment bill from MRWMD and has paid this bill. The second installment bill will be sent prior to the end of the fiscal year and the City will expend the entire $41,134 by July 1, 2021.

At the same time, all the MRWMD member agencies applied for funding through the CalRecycle Local Assistance Grant Program for support in complying with the requirements of SB 1383 as approved by Resolution No. 22-004. CalRecycle has awarded the City grant funds, currently Date: 4/19/2022
Item No.: 14.

Council Regular Meeting, 4/19/2022, Item No. 14., Item Page 1, Packet Page 94 projected to be $38,247. The City may use this funding on its own for additional SB1383 public education and outreach programs regarding organics recycling and edible food recovery programs, but staff recommends forwarding the grant funds to the MRWMD, which would pool all of the grant funds received by member agencies for use over the next two years.

ENVIRONMENTAL DETERMINATION:

ALTERNATIVES CONSIDERED:

See Financial Implications Section.

DISCUSSION:

SB 1383 is a State law meant to address short-lived climate pollutants, such as methane, produced by food and other organic waste.

At the beginning of this year, the City Council authorized entering into an agreement with the Monterey Regional Waste Management District (MRWMD) and its member agencies to coordinate efforts to comply with SB 1383 implementing regulations relating to public outreach, education, and compliance monitoring. However, before the MOU was executed by the parties, CalRecycle made funding available to assist local governments in complying with SB 1383 through a grant program. Originally, the intention was for the MRWMD to apply for the funding on behalf of its member agencies, but CalRecycle later disallowed this, and each member agency was required to apply on its own behalf.

Given that local agencies must conduct the same education, outreach, and compliance monitoring, staff recommends remitting the CalRecycle grant funds to MRWMD to combine into one collective effort through the MRWMD.

To combine grant funding, the member agencies agreed that the best path forward would be to update the language in the previously authorized MOU with the grant contributions of each member agency as an exhibit. The combined grant funding is projected to be used for:
1) Grant management tracking and reporting
2) Procurement of organic material
3) Edible food recovery program implementation
4) Education, outreach and technical assistance
Council Regular Meeting, 4/19/2022, Item No. 14., Item Page 2, Packet Page 95 For these reasons, staff recommends that the City Council authorize updating the MOU with the MRWMD and authorize the Finance Director to remit the City’s SB1383 Local Assistance Grant Program funds, projected to be $38,247, to the MRWMD.

TT/
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link: https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 14., Item Page 3, Packet Page 96 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
AMEND RESOLUTION NO. 22-003 TO UPDATE THE MOU WITH MRWMD AND AUTHORIZE THE FINANCE DIRECTOR TO REMIT CALRECYCLE SB1383 LOCAL

ASSISTANCE PROGRAM GRANT PROGRAM FUNDS TO THE MRWMD FOR PUBLIC

EDUCATION, OUTREACH, AND COMPLIANCE MONITORING RELATING TO

ORGANICS RECYCLING AND EDIBLE FOOD RECOVERY
WHEREAS, SB 1383 is recognized throughout the industry as being the most significant solid waste legislation in the past 30 years and focuses on the diversion of organic waste from disposal in landfills;
WHEREAS, according to the State of California, in 2017, 67% of waste in the state was organic;
WHEREAS, organic waste generates methane during decomposition, which has 80 times the warming power of carbon dioxide within the first 20 years of reaching the atmosphere; WHEREAS, the drought in 2015, exacerbated by climate change, cost the agriculture industry in the Central Valley approximately $2.7B and 20,000 jobs; WHEREAS, recovering edible food is critical in that 1 in 9 Californians are food insecure, and that unrecovered food becomes an organic waste product; WHEREAS, regulatory compliance will require the City, its waste hauler and the Monterey Regional Waste Management District (MRWMD) to establish new or increase existing waste diversion programs to comply with state regulations; WHEREAS, Resolution 20-003 authorized the City to enter into an MOU with the MRWMD to coordinate efforts to comply with SB1383 implementing regulations relating to public outreach, education, and compliance monitoring. However, prior to the MOU being executed by the parties, CalRecycle made funding available to assist local governments in complying with SB 1383 through a grant program and the parties now wish to incorporate language into the MOU regarding the additional grant funding; WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

Council Regular Meeting, 4/19/2022, Item No. 14., Item Page 4, Packet Page 97 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the previously authorized MOU between the MRWMD and its member agencies shall be updated to reflect CalRecycle grant funding and related requirements, and the Finance Director is authorized to remit SB1383 Local Assistance Grant Program funds to the Monterey Regional Waste Management District.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 14., Item Page 5, Packet Page 98 Council
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Christy Sabdo, AICP, Associate Planner
SUBJECT: Authorize Professional Services Agreement with CSG Consultants, Inc. for a Not to Exceed Amount of $200,000 to Provide On-Call Code Compliance Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing a professional services agreement with CSG Consultants, Inc. for a not to exceed amount of $200,000 to provide code compliance services on an as-needed basis for the City’s Community Development Department.

VALUE DRIVERS:

POLICY IMPLICATIONS:

Awarding professional services agreements is consistent with past Council policy and is used for other types of professional services for projects throughout the City. This service will augment the City’s capacity for project delivery.

FISCAL IMPLICATIONS:

There is adequate money in the 2021/2022 Planning Office budget to pay for code compliance (PO 43555 - $118,000) services until July 1, 2022. The Planning Staff will transfer this $118,000 from PO 43555 to continue this work effort this year. The City Council will be asked as part of the 2022/2023 annual budget to allocate funds for short-term rental enforcement and other code compliance activities. If these services are not funded, the City will cease enforcement efforts related to short-term rentals on July 1, 2022. If future services are funded, the City can use the on-call contract to provide these and other code compliance services. For example, the City used the prior on-call contract to provide increased mask enforcement in an immediate manner during the early months of the pandemic.

ENVIRONMENTAL DETERMINATION:

The City of Monterey staff determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378(b)(5)). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the Date: 4/19/2022
Item No.: 15.

Council Regular Meeting, 4/19/2022, Item No. 15., Item Page 1, Packet Page 99 activity is not subject to CEQA. Because the proposed action has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could decide that professional services for code compliance services are not required at this time.

DISCUSSION:

Code Compliance plays an essential role in maintaining the quality of Monterey’s neighborhoods. Code Compliance deals with a range of neighborhood issues, from abandoned vehicles parked in yards or driveways to illegal conversions of garages into living spaces and unsanitary buildup of trash and debris on private property.

The selected consultant would assist the City’s Code Compliance Officer, as needed, in the enforcement of the Monterey City Code relating to violations at residential, commercial, and industrial properties, including but not limited to: public nuisances, zoning, occupancy, property maintenance, health and sanitation, building and safety, business licensing and permits, short term rentals, and noise abatement issues. The City’s Code Compliance Officer responds to 350 to 400 complaints per year and relies on professional services consultants to effectively manage the City’s Code Compliance efforts.

On January 26, 2022, staff circulated the RFP for On-Call Code Compliance Services. Firms that provide the desired services were specifically contacted. The RFP was posted through the City’s new e-Procurement Portal, OpenGov Procurement, and on the City’s website. By the February 28, 2022 deadline, responses were received from three firms. The selection of these consultants was made in accordance with the qualifications-based selection process per Section 28-30 of the City Code.

The firm selected has experience providing code enforcement services in California and on the Monterey Peninsula. CSG Consultants, Inc. has been providing on-call code compliance services to the City of Monterey since 2016 and is highly qualified to provide the service.

The agreement will have an initial one-year term and a $200,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for two additional one (1) year extensions, also with an annual not-to-exceed funding limit of $200,000.

Attachments: 1. Resolution awarding contract
KC/SAB
e
Cyrus Kianpour, PE, President, CSG Consultants, Inc.

Robert Cushing, REHS, Code Enforcement Manager
Council Regular Meeting, 4/19/2022, Item No. 15., Item Page 2, Packet Page 100 Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 15., Item Page 3, Packet Page 101 RESOLUTION NO. ____ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 AUTHORIZE PROFESSIONAL SERVICES AGREEMENTWITH CSG CONSULTANTS, INC.

FOR A NOT TO EXCEED AMOUNT OF $200,000 TO PROVIDE ON-CALL CODE

COMPLIANCE SERVICES
WHEREAS, the Community Development Department, on an as-needed-basis, needs to augment its code compliance staff to support the Planning Office code compliance work load and enforce the City Code;
WHEREAS, on January 26, 2022, the City released a Request for Proposals (RFP) to firms that provide the desired services and also posted the RFP on the City’s new eProcurement Portal, OpenGov Procurement, and the City’s website; WHEREAS, on February 28, 2022, responses were received from three firms; a selection committee consisting of planning staff reviewed and scored the responses; the selection committee held deliberations; and selected CSG Consultants, Inc. as the most qualified;
WHEREAS, CSG has code compliance experience in California and is familiar with Monterey, including short-term residential rental enforcement in Monterey;; WHEREAS, the agreement will have an initial one-year term and a $200,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for two additional one (1) year extensions also with an annual not-to-exceed funding limit of $200,000; WHEREAS, fiscal year 21/22 funding will be provided by PO 43555 and funding for fiscal year 22/23 will be determined by the City Council as part of the budget deliberations; and WHEREAS, the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Section 15061 includes the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action has no potential to cause any effect on the environment, this matter is not a project. Because the proposed action does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that the foregoing recitals are true and correct and are incorporated herein by reference.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager, or designee, to execute the Council Regular Meeting, 4/19/2022, Item No. 15., Item Page 4, Packet Page 102 Professional Services Agreement with CSG Consultants, Inc. to provide code compliance services on an as-needed basis for the City’s Community Development Department, for a not to exceed amount of $200,000 for the one year term with an option for two additional one-year extensions.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 19th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 15., Item Page 5, Packet Page 103 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Chris Schmidt, Senior Associate Planner
SUBJECT: Adopt a Resolution Accepting the General Plan Annual Report (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution accepting the General Plan Annual Report.

VALUE DRIVERS:
 In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment.  Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.
 Expand opportunities for people of all ages and abilities to bike and walk safely through active transportation, accessibility, and safety initiatives.  Preserve, promote, and maintain our City’s historic and cultural resources through responsible stewardship and historic preservation that highlights the contributions and perspectives of all people who are a part of Monterey’s diverse history.

POLICY IMPLICATIONS:

Government Code Section 65400 requires the City to prepare a report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). The attached report fulfills this requirement.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 1, Packet Page 104 on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

This is a required report. There is no alternative.

DISCUSSION:

The General Plan Annual Report analyzes the City’s progress in meeting its General Plan goals, policies, and programs. This report was submitted to the California Governor’s Office of Planning and Research (OPR) in advance of the April 1, 2022 deadline.

Highlights of the report include:

Table 1. Highlighted General Plan Policies/Programs and Accomplishments Land Use Changes:

Policy b.2. Follow the existing policy directions in the Highway 68 Plan and Old Capitol Site Memorandum of Understanding for residential development south of Highway 1. Workforce housing on the City owned Ryan Ranch, mixed use housing in the Ryan Ranch Business Park and multifamily housing on the south side of Garden Road may be considered in order to provide housing in proximity to a major employment center.

Response: In 2021, the City worked with applicants to develop a total of 155 housing units on the southside of Garden Road. These units were approved in early 2022 and the City anticipates these projects to pursue building permits in 2022. Water supply continues to significantly constrain all housing development.

Military Facilities:

Economic Element Program b.4.1. Investigate ways to support the Naval Postgraduate School and Defense Language Institute so that they remain in the City of Monterey, including provision of services to support the operation of the facilities.

Economic Element Policy c.4. Support the military uses in the community with essential public services.

Social Element Policy f.5. Provide service to military installations and neighboring jurisdictions through contractual agreements without diminishing service levels to city residents.

Public Facilities Policy d.4. Due to limited land and resources, continue to encourage shared facilities and resources among the City, military, and schools.

Response: The City of Monterey is home to multiple military facilities including the Presidio of Monterey, Naval Post Graduate School, and Fleet Numerical. These facilities are predominately education and research oriented and are a cornerstone of the City’s economy.

Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 2, Packet Page 105 The City of Monterey continues to provide essential public works services to its military partners. There is no boundary between the infrastructure systems and maintenance inside and outside the military bases.

Collaborating with the City’s military partners, the City secured a large grant to study issues impacting the region’s military facilities and municipalities. The grant’s purpose is to suggest short and long term options to resolve issues. A regional staff working group has been created and work is progressing.

Energy Conservation:

Goal e. Encourage the effective and efficient use of energy in all its critical forms by public and private users alike.

Policy e.1. Encourage energy sources, which provide part or all of the energy needed for buildings.

Program e.1.1. Consider aesthetically compatible independent energy sources in new public and private buildings.

Program e.1.2. Encourage energy retrofitting in existing residential and commercial structures.

Policy e.2. Educate the public about energy conservation.

Program e.2.1. Support public education activities that dramatize cost-saving benefits of energy conservation to local consumers.

Program e.2.2. Encourage the hotel, motel, and restaurant associations to maintain an energy conservation program on a continual basis.

Policy e.3. Work with other local, state and federal agencies, public utilities and community organizations to implement energy conservation and longer-range renewable energy development programs.

Response: In 2017, the City of Monterey was one of the key founders of Monterey Bay Community Power (now Central Coast Community Energy). Central Coast Community Energy is a Community Choice Energy agency established by local communities to source carbon-free electricity for Monterey, San Benito and Santa Cruz counties and now parts of San Luis Obispo county while retaining PG&E’s traditional role delivering power and maintaining electric infrastructure.

In 2021, this program continues to fulfill the City’s goal to reduce greenhouse gas emissions and increase opportunities for energy saving programs. AMBAG recently updated the greenhouse gas audit and the City has meet its goals to date.

Housing:

Program d.2.4. The City will continue to explore with local non-profits and other affordable housing developers strategies and financing alternatives that can be employed to produce new affordable extremely low, low and very low-income housing in the community.

Program e.1.5. Continue to provide service referrals to rental assistance, ownership assistance, homeless assistance, and general community services.

Program f.1.8: Develop a program to provide rental assistance to fill the gap between income levels and the cost of housing for persons with Developmental Disabilities. The program will include the following steps: Step One: Work with the regional center to identify the housing Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 3, Packet Page 106 needs of the clients and assist in identifying available housing that meets those criteria. Step Two: Identify the gaps that limit access to housing for persons with developmental disabilities (i.e. financial, accessibility). Step Three: Develop Guidelines and market program Response The City developed a new Rental Assistance Program and provided over $960,000 in assistance in 2020 and $894,644 in 2021. The City is attempting to receive additional monies from Monterey County that received more than $12 million from the federal government.

Staff continues to work with the developers of the 155 housing units approved on Garden Road.

Transportation/Circulation
Policy a.2. Adopt and update every five years an MMMP that defines a pedestrian and bicycle network and supports the local transit system.

Policy j.1. Establish multi-modal LOS standards and automobile LOS standard for defined neighborhoods that work together to measure the effectiveness of the transportation system, and establish a mechanism for funding the implementation of the transportation system that fulfills the vision of the Circulation Element.

Response: In 2021, the City adopted the Move Monterey Plan in support of these policies.

Additionally, State law has required that the CEQA review threshold for assessing transportation impacts has changed from Level of Service to Vehicle Miles Traveled. In 2021, the City Council adopted vehicle miles traveled as the metric for conducting transportation impact analyses.

Housing Element
The City adopted its Housing Element on March 23, 2016. It was subsequently certified by the State of California Housing and Community Development.

In an effort to address statewide housing needs, the State of California requires regions to address housing issues and needs based on future growth projections for the area. The Housing and Community Development (HCD) allocates regional housing needs to councils of government throughout the state. The Association of Monterey Bay Area Governments (AMBAG) then allocates to each city and unincorporated county their “fair share” of the region’s projected housing needs by household income level. This distribution is commonly referred to as the Regional Housing Needs Allocation (RHNA).

The intent of the RHNA is to ensure that local jurisdictions address not only the needs of their immediate areas but also fill the housing needs of the entire region. Additionally, a major goal of the RHNA is to ensure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population.

The City’s General Plan Housing Element includes programs and actions to be taken to meet these objectives and reflects the RHNA for the City of Monterey. The table below identifies the breakdown of units by income categories for the City.

Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 4, Packet Page 107 Table 2. New housing unit building permits issued in the current RHNA cycle City of Monterey
Income
Group Total RHNA
New Housing Unit
Building Permits
Issued
2013-2020
New Housing
Unit Building
Permits Issued
2021
Remaining
RHNA Goal
By 2023
Very Low 157 19 0 138
Low 102 0 0 102
Moderate 119 2 0 117
Above
Moderate 272 87 2 183
Total 650 108 2 540
Housing production remains significantly below targets. The number one constraint to housing development is water supply. Without resolving the City’s water supply issues, housing production will not meet State goals. The City has not satisfied - General Plan Goal m.

Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.

In 2021, the City’s housing increases result from new accessory dwelling units. Housing production remains significantly below targets. The number one constraint to housing development is water supply. Without resolving the City’s water supply issues, housing production will not meet State goals. The City has not satisfied - General Plan Goal m.

Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.

Staff recommends the City Council adopt a Resolution accepting the General Plan Annual Report.
[KC/CS]
Attachments: 1. Draft Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 5, Packet Page 108 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
ACCEPTING THE GENERAL PLAN ANNUAL REPORT (2021)
№12/12
WHEREAS, Government Code Section 65400 requires the City of Monterey to prepare a report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Governor’s Office of Planning and Research (OPR) and the California Department of Housing and Community Development (HCD). The attached report fulfills this requirement; and WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby accepts the General Plan Annual Report (Exhibit A).

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 19th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 6, Packet Page 109 2 City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 7, Packet Page 110

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 8, Packet Page 111

1.0 Introduction
Purpose
Government Code Section 65400 requires the City to annually prepare a report regarding the status of the City’s General Plan and progress in its implementation (General Plan Progress Report) and provide the General Plan Progress Report to the Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD).

General Plan Background
California State law requires that each city adopt a comprehensive, long-term general plan for the physical development of the area under its jurisdiction. General plans must include seven elements that together compose an integrated set of goals, policies, and action programs.

These seven required elements are land use, circulation, housing, conservation, open space, safety, and noise. In addition, a city may adopt optional elements that relate to the physical development of the community. The City of Monterey General Plan contains the following elements:
• Urban Design (optional)
• Land Use (required)
• Circulation (required)
• Housing (required)
• Conservation (required)
• Open Space (required)
• Safety (required)
• Noise (required)
• Environmental Justice (new requirement; preparation initiated) Economic (optional)
• Social (optional)
• Historic Preservation (optional)
• Public Facilities (optional)
The General Plan is the City’s official policy that guides decisions affecting future physical development and change within the City. The General Plan was adopted in January 2005.

State law has been amended and a new element has been added – Environmental Justice.

The City is required to update its General Plan to include this element.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 9, Packet Page 112

2.0 General Plan Amendment Status
Local governments are required to keep their General Plans current and internally consistent.

Although General Plans must be kept current, there is no specific requirement that a local government update its General Plan on a particular timeline, with the exception of the Housing Element, which is formerly required to be updated every eight years.

As of December 2021, the General Plan has been amended nine times since its adoption. The Resolution #, date and summary of amendment are detailed below:

Resolution No. 06-79 (June 6, 2006) – Amended the Safety Element policy regarding development on slopes.

Resolution No. 07-182 (October 2, 2007) – Amended land use map to recognize a parcel as parks, recreation and open space
Resolution No. 09-086 (June 2, 2009) – Amended the Fire Hazard Severity Zones Map to reflect the updated fire hazard zones.

Resolution No. 09-105 (July 7, 2009) – Adopted new Housing Element Resolution No. 10-161 (November 2, 2010) – Resolve mapping errors Resolution No. 13-131 (August 6, 2013) – Amended various elements to address the Downtown, Lighthouse/Foam and North Fremont Specific Plans, updated flood information and incorporated the Mutli Modal Level of Service Resolution No. 16-042 (March 23, 2016) - Adopted a new Housing Element Resolution No. 19-093 (June 4, 2019) – Amended General Plan to allow multifamily residential uses in the Industrial land use designation and to include Garden Road as an area appropriate for workforce housing.

Resolution 19-178 (November 5, 2019)– Amended the land use designation for the Old Capitol Site from Planned Community to Open Space

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 10, Packet Page 113

3.0 General Plan Implementation Progress Report
The table below analyzes selected General Plan policies and action items that made notable progress in 2021. A comprehensive list is included as Exhibit A. The majority of General Plan policies and related action items have been implemented through the adoption of ordinances or resolutions, incorporated into the regular government activities of the applicable departments, or included in development proposals as they are reviewed for consistency with the city’s policies.

Highlighted General Plan Policies/Programs and Accomplishments Land Use Changes:

Military Facilities:

Economic Element Policy c.4. Support the military uses in the community with essential public services.

Social Element Policy f.5. Provide service to military installations and neighboring jurisdictions through contractual agreements without diminishing service levels to city residents.

Public Facilities Policy d.4. Due to limited land and resources, continue to encourage shared facilities and resources among the City, military, and schools.

The City of Monterey continues to provide essential public works services to its military partners. There is no boundary between the infrastructure systems and maintenance inside and outside the military bases.

Energy Conservation:

Goal e. Encourage the effective and efficient use of energy in all its critical forms by public and private users alike.

Policy e.1. Encourage energy sources, which provide part or all of the energy needed for buildings.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 11, Packet Page 114 Program e.1.1. Consider aesthetically compatible independent energy sources in new public and private buildings.

Program e.1.2. Encourage energy retrofitting in existing residential and commercial structures.

Policy e.2. Educate the public about energy conservation.

Program e.2.1. Support public education activities that dramatize cost-saving benefits of energy conservation to local consumers.

Program e.2.2. Encourage the hotel, motel, and restaurant associations to maintain an energy conservation program on a continual basis.

Policy e.3. Work with other local, state and federal agencies, public utilities and community organizations to implement energy conservation and longer-range renewable energy development programs.

Housing:

Program e.1.5. Continue to provide service referrals to rental assistance, ownership assistance, homeless assistance, and general community services.

Program f.1.8: Develop a program to provide rental assistance to fill the gap between income levels and the cost of housing for persons with Developmental Disabilities. The program will include the following steps: Step One: Work with the regional center to identify the housing needs of the clients and assist in identifying available housing that meets those criteria. Step Two: Identify the gaps that limit access to housing for persons with developmental disabilities (i.e. financial, accessibility). Step Three: Develop Guidelines and market program Response The City developed a new Rental Assistance Program and provided over $960,000 in assistance in 2020 and $894,644 in 2021. The City is attempting to receive additional monies from Monterey County that received more than $12 million from the federal government.

Staff continues to work with the developers of the 155 housing units approved on Garden Road.

Transportation/Circulation
Policy a.2. Adopt and update every five years an MMMP that defines a pedestrian and bicycle network and supports the local transit system.

Policy j.1. Establish multi-modal LOS standards and automobile LOS standard for defined neighborhoods that work together to measure the effectiveness of the transportation system,

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 12, Packet Page 115 and establish a mechanism for funding the implementation of the transportation system that fulfills the vision of the Circulation Element.

Response: In 2021, the City adopted the Move Monterey in support of these policies.

Housing Element
The city adopted its Housing Element on March 23, 2016. It was subsequently certified by the State of California Housing and Community Development.

The intent of the RHNA is to ensure that local jurisdictions address not only the needs of their immediate areas but also fill the housing needs for the entire region. Additionally, a major goal of the RHNA is to ensure that every community provides an opportunity for a mix of affordable housing to all economic segments of its population.

The City’s General Plan Housing Element includes programs and actions to be taken to meet these objectives, and reflects the RHNA for the City of Monterey. The table below identifies the breakdown of units by income categories for the city.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 13, Packet Page 116 City of Monterey
Income Group Total RHNA
Building Permits
Issued
2013-2020
Building Permits
Issued 2021
Remaining RHNA Goal
By 2023
Very Low 157 19 0 138
Low 102 0 0 102
Moderate 119 2 0 117
Above
Moderate 272
87 2 183
Total 650 108 2 540
Housing production remains significantly below targets. The number one constraint to housing development is water supply. Without resolving the City’s water supply issues, housing production will not meet State goals. The City has not satisfied - General Plan Goal m. Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.

Develop long-term water supplies and conservation methods so that there is sufficient water to implement General Plan goals.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 14, Packet Page 117 Exhibit A – City of Monterey General Plan Goals, Policies and Programs Urban Design Element
Goal/Policy Comment
Goal a. Balance natural resources and public
use of the shoreline and Bay, based on
natural features, historic setting, maritime
activities, and public access (see Figure 1).

Background Information – Proposals
reviewed for consistency as proposed
Policy a.1. Conserve and enhance the
environment of the beaches and sand dunes
as natural attractions, and improve public
access consistent with dune preservation
goals. Integrate the beaches and dunes into a
continuous natural setting.

Background Information – Proposals
reviewed for consistency as proposed
Window on the Bay and Beach
Policy a.2. Develop for active park and beach
use, but minimize parking and building
intrusion into the park.

Completed.

The Window on the Bay and Beach have
active park uses (volleyball, tot lot) and
general beach use. Parking and buildings
have been minimized within the park.

Policy a.3. Retain active waterfront activities,
including commercial and sport fishing,
working wharves, boat access, and boat
repair, which show Monterey’s historic
interface with the Bay. Maintain a natural
appearance and maritime use of the water’s
edge.

Background Information – Proposals
reviewed for consistency as proposed
All active waterfront uses have been
retained.

Policy a.4. Keep random mooring concept
intact in the outer harbor because of its
special scenic value.

Background Information – Proposals
reviewed for consistency as proposed
Random mooring concept has been
retained.

Policy a.5. Do not overcrowd the harbor with
boat slips and moorings. A limited number of
boat slips and moorings are appropriate where
they help maintain the visual qualities of the
maritime setting.

Background Information – Proposals
reviewed for consistency as proposed
No boat slips or moorings have been
added in 2021.

Policy a.6. Maintain views, active park use,
and the rocky shoreline at San Carlos Beach
Park.

Background Information – Proposals
reviewed for consistency as proposed
Views, active park and rocky shoreline
have been maintained.

Policy a.7. Protect the rugged coastline and
open up the view to the water and rocky shore
as much as possible while also respecting
historic resources and building footprints over
the water, as noted in the Cannery Row Local
Coastal Program.

Background Information – Proposals
reviewed for consistency as proposed
Coastline, views and rocky shore have
been protected. There has been no
change.

Policy a.8. Preserve and maintain the natural
environment of the Ed Ricketts underwater
park and tidelands.

Background Information – Proposals
reviewed for consistency as proposed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 15, Packet Page 118 Ed Ricketts underwater park and tidelands
has been preserved and maintained.

Policy a.9. Enhance the visual qualities of the
Monterey Bay Coastal Trail. Preserve and
enhance views from the Trail to natural
features as much as possible and encourage
access from the trail to the Bay.

Background Information – Proposals
reviewed for consistency as proposed
No change to views has occurred.

Goal b. Preserve the wooded skyline and
foothills, which provide the southern and
eastern framework for the City, including areas
within and beyond the City limits.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals. The City places a high
priority on preserving the wooded skyline
and foothills.

Policy b.1. The visual skyline and foothills
beyond the city limits should be under the
City’s control. One method of achieving this
would be annexation. The City should engage
in active collaboration with other governmental
agencies and advocate for preservation of the
forested areas.

Background Information – County
proposals reviewed for consistency as
proposed
The County of Monterey refers
development proposals to the City for
review if they impact the scenic hillsides
and vegetation around Monterey.

Policy b.2. New development in the ridge
areas should be sensitively located to
preserve the forested setting. Development in
the ridge areas should not silhouette against
the skyline.

Background Information – Proposals
reviewed for consistency as proposed
Policy b.3. Trees in forested areas should be
preserved, and denuded areas should be
reforested where feasible.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy b.4. Foothill areas can be preserved by
allowing low-density development, or clustered
development with open space.

Background Information – Proposals
reviewed for consistency as proposed
No developments proposed.

Policy b.5. Development in forested areas
should not create obvious holes in the forest.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Goal d. Maintain lakes and waterways, and
natural drainage.

Background Information – Proposals
reviewed for consistency as proposed
Policy d.1. Discourage proliferation of surface
parking and other hard surface, man-made
improvements at Lake El Estero.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 16, Packet Page 119 Policy d.2. Coordinate with the Naval
Postgraduate School to allow use of Del
Monte Lake as an historic public view and
recreation resource.

Several years ago, the Navy installed a
new metal open-slat fence allowing views
of the lake. Military facilities are closed for
safety and the City does not anticipate reopening of military bases to the general population.

Policy d.3. Coordinate with the City of
Seaside to assure that Roberts Lake and
Laguna Grande remain as marsh habitat and
scenic resources for both Seaside and
Monterey.

Background Information – Proposals
reviewed for consistency as proposed
City has reinvigorated the Laguna Grande
Joint Powers Authority (JPA) to discuss
Laguna Grande Lake.

In 2021, the City has continued to
coordinate with JPA member agencies to
develop a trails enhancement and
maintenance strategy to preserve and
enhance habitat and scenic resources.

The JPA is preparing to commence State
and Federal agency permitting.

Goal e. Historic buildings, gardens, districts,
and their settings should continue to be
protected and restored, keeping the flavor of
the past. (See also the Historic Preservation
Element.)
Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.1. Protect and enhance the setting of
historic buildings.

Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.2. Respect the scale of historic
buildings by careful design of adjacent
buildings
Background Information – Proposals
reviewed for consistency as proposed
City’s Historic Ordinance protects historic
sites.

Policy e.3. Maintain the downtown path of
history and develop additional paths of history
in areas like Cannery Row, Presidio of
Monterey and other historic areas.

A current Community Neighborhood
Improvement Project is considering
possible improvements to the Path of
History.

Goal f. Maintain existing vistas and seek to
improve new vista points seen from roadways,
parks, and other public spaces. Collaborate
with other agencies to protect city vistas and
scenic amenities.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.1. Campuses: Maintain large
campuses as open space amenities within
Monterey (e.g., Monterey Peninsula College,
Naval Postgraduate School, Defense
Language Institute, Monterey Peninsula
Unified School District, and private school and
Background Information – Proposals
reviewed for consistency as proposed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 17, Packet Page 120 college sites). Fencing and walls on these
large sites should be screened by landscape
elements, rather than being placed between
landscape elements and streets or vistas.

Policy f.2. Monterey Bay Park: Complete
Monterey Bay Park.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.3. Wharf and Cannery Row: Maintain
and enhance vistas.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.4. Del Monte Lake at Navy School:

Open up and maintain the vista of Del Monte
Lake from Del Monte Avenue.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.5. Freeway: Preserve and enhance
the view of the bay, the dunes, Laguna
Grande, Roberts Lake, and wooded hillsides.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.6. Del Monte Avenue: Screen the
commercial area along Del Monte Avenue
from Seaside to Washington Street.

Background Information – Proposals
reviewed for consistency as proposed
No changes have been proposed.

Policy f.7. Lighthouse Curve: Preserve and
enhance views of the Presidio and the Harbor.

Background Information – Proposals
reviewed for consistency as proposed
Views have been preserved.

Policy f.8. Remove overhead wires. Background Information – Proposals reviewed for consistency as proposed
New wireless proposals are being
reviewed for consistency with the City
Code. The City Code requires
undergrounding in certain circumstances.

Policy f.9. : Discourage high levels of ambient
light and maintain night skies where stars can
be seen.

Background Information – Proposals
reviewed for consistency as proposed
Policy f.10. Encourage parking to be placed
underground or away from the street to
improve the pedestrian experience.

Background Information – Proposals
reviewed for consistency as proposed
Goal g. Landscape elements should be
consistent and compatible within each area.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.1. Use landscaping for framing
vistas.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.2. Favor native species. Background Information – Proposals reviewed for consistency as proposed
Policy g.3. Discourage noxious invasive
plants such as genista, pampas grass, ice
plant, and Kukui grass where appropriate by
Background Information – Proposals
reviewed for consistency as proposed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 18, Packet Page 121 direct action and educating the public that
these are not appropriate landscape materials.

Policy g.4. Use landscaping to screen parking
lots and structures, including Del Monte
Center, from freeway.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.5. Protect existing cypress, Monterey
pine, and coast live oak trees in urban and
historic contexts, replant when removal is
necessary, and retain the health of the stands.

Background Information – Proposals
reviewed for consistency as proposed
The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy g.6. Use trees to soften existing
parking structures.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.7. Use landscaping to screen parking
where appropriate.

Background Information – Proposals
reviewed for consistency as proposed
Policy g.8. Encourage planting of trees on
public and private land throughout the City of
Monterey.

Background Information – Proposals
reviewed for consistency as proposed
Goal h. Protect and enhance scenic
entrances shown on Figure 2, which follow a
parkway concept.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.1. Significant natural features within
scenic corridors should be preserved and
enhanced to the maximum extent possible in
the design and construction of scenic
entrances. These natural features include:
ridgelines, hilltops, rock outcroppings, stream
and creek beds, scenic vistas, wildlife habitats,
Monterey pine and oak groves, and other
significant natural vegetation.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.2. Highway construction grading
should not take place outside the roadway
right-of- way.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.3. Consideration should be given to
using bridges for crossing wooded canyons.

Highways should be designed to blend with
the natural topography and prevent large cutand-fill operations.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.4. Roadway lighting and signing
should be minimized, of low-profile design,
and designed to enhance the scenic character
of the corridor.

Background Information – Proposals
reviewed for consistency as proposed
City installed new community wayfinding
signs to reduce visual clutter and improve
the City’s scenic entrances.

No new roadway lighting has been
installed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 19, Packet Page 122 Policy h.5. Bridge abutments and drainage
structures should be blended into the natural
terrain as much as possible.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.6. Where feasible, direct driveway
access to scenic entrances should not be
permitted from individual properties. Most of
the scenic corridors run through wooded
canyons and create a rural feeling. This effect
will be destroyed if residences are permitted to
line the roadway in a manner similar to
Josselyn Canyon Road.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.7. Frontage roads should not parallel
scenic freeway lanes unless screened by
terrain or vegetation. Frontage roads detract
from the scenic qualities of an area and
should be located within an adjacent
development or screened by natural features
where possible.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.8. Landscaped greenbelt areas
should be established along the borders of
scenic entrances.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.9. Landscape buffers should be
provided at least 100 feet in width from the
ultimate planned right-of-way of Statedesignated scenic highways.

Background Information – Proposals
reviewed for consistency as proposed
Policy h.10. Developments visible from
Scenic Entrances should blend into the natural
surroundings and not detrimentally impact
significant natural features such as the
wooded ridgeline, hilltops, etc.

Background Information – Proposals
reviewed for consistency as proposed
Highway 1
Policy h.11. Maintain existing vistas of the
city, forest, bay and dunes.

Background Information – Proposals
reviewed for consistency as proposed
Vistas have been maintained.

Policy h.12. Prohibit new commercial signing
which is oriented to freeways and phase out
existing commercial signing which is oriented
to freeways.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.13. Screen industrial elements. Background Information – Proposals reviewed for consistency as proposed
Policy h.14. Work with CalTRANS to maintain
or reinforce native landscaping, with
appropriate planting.

Future project
Policy h.15. Encourage designation of all of
Highway 1 as a scenic highway.

Partially designated – need to pursue
Policy h.16. Reverse the visual degradation
of scenic forests.

Background Information – Proposals
reviewed for consistency as proposed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 20, Packet Page 123 The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy h.17. Avoid further illumination from
Community Hospital of the Monterey
Peninsula.

Background Information – Proposals
reviewed for consistency as proposed
No changes proposed.

Policy h.18. Screen buildings close to the
Highway with native vegetation, such as
Monterey pines, oaks, and cypress.

Background Information – Proposals
reviewed for consistency as proposed
Monterey Salinas Highway
Policy h.19. Reverse the visual degradation
of scenic forests.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Tree Ordinance requires
extensive review and replacements for all
tree removals.

Policy h.20. Avoid further illumination along
Ryan Ranch and Garden Road Business Park
areas.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.21. Screen buildings close to the
Highway with native vegetation, such as Coast
Live Oak.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.22. Maintain the scenic corridor.

Munras Avenue
Background Information – Proposals
reviewed for consistency as proposed.

Policy h.23. Encourage use of native trees on
the motel side of the street to be more
compatible with Don Dahvee Park.

Background Information – Proposals
reviewed for consistency as proposed.

Del Monte Avenue
Policy h.24. Enhance the excellent scenic
value in the central portion by the Naval
Postgraduate School, and make the scenic
resources more evident to the public.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.25. Enhance both ends by filling in
missing portions of landscaping and
eliminating clutter from signs, wires, poles, etc.

Background Information – Proposals
reviewed for consistency as proposed.

Park improvements continue to be made.

Aguajito, Jacks Peak, and Monhollan
Roads
Policy h.26. Maintain a low-speed scenic road
and retain the informal and natural quality.

Background Information – Proposals
reviewed for consistency as proposed.

Policy h.27. Plant out the Heritage Harbor
parking structure using native trees such as
cypress.

Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 21, Packet Page 124 Policy h.28. Maintain the natural setting of
upper Pacific Street and the street tree canopy
along lower Pacific Street.

Background Information – Proposals
reviewed for consistency as proposed.

Land Use Element
Goal/Policy Progress
Goal a. Maintain a Land Use Plan Map to
guide future development and land use.

Land Use Plan Map is maintained.

Policy a.1. Implement the Land Use Plan
using the Land Use Plan Map (Figure 3) and
the following land use categories:
- Residential
- Public/Semi Public
- Parks, Recreation, Open Space
- Industrial
- Commercial
Implemented
Goal b. Direct future population growth into
mixed use neighborhoods. The City's goal is
to create and nurture mixed use
neighborhoods that: 1) Reduce automobile
trips; 2) Improve the quality of the pedestrian
experience; 3) Create walkable
neighborhoods; 4) Provide more ownership
opportunities; 5) Increase the stock of
housing affordable to Monterey's work force;
6) Require high-quality design to complement
Monterey's image; and 7) Improve
neighborhood-oriented services.

In Process
City adopted three specific plans that directs
future growth into the City’s mixed use
neighborhoods.

Policy b.1. Create implementation tools,
such as specific plans, to include design
concepts, development guidelines, and
capital improvement programs for mixed use
neighborhoods. Emphasize attractive
pedestrian, bicycle and transit access, which
may require improved sidewalks, crosswalks,
and various public way improvements. The
City encourages owner occupied units,
innovative site planning and tailoring the
design and density to fit with the
neighborhood. Mixed use developments are
encouraged to be attractive in design, hide
parking from the street, share parking, create
a pleasant pedestrian environment, and
provide a transition into the residential zones
through good site planning and design.

Completed
City adopted three Specific Plans and Multi
Mobility Plan.

Policy b.2. Follow the existing policy
directions in the Highway 68 Plan and Old
Capitol Site Memorandum of Understanding
for residential development south of Highway

1. Workforce housing on the City owned
2019/2020: City completed Old Capitol Site
and site was acquired as a City park.
2019: The City Council amended this policy
to expand housing opportunities to Garden

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 22, Packet Page 125 Ryan Ranch, mixed use housing in the Ryan
Ranch Business Park and multifamily
housing on the southside of Garden Road
may be considered in order to provide
housing in proximity to a major employment
center.

Road allowing residential development in an
office park setting.

Several developers have expressed interest
in developing Garden Road for housing due
to 2019 General Plan change.

Project review commenced in 2020 and
continued through2021. 155 housing units
approved in 2022.

Policy b.3. Reinforce the visual, pedestrian,
and bicycle connection between City
neighborhoods and the Bay so that residents
have exceptional non-automobile access to
the Bay.

Background Information – Proposals
reviewed for consistency as proposed.

City adopted Multi Mobility Plan, writes grants
and implements as funding available.

Circulation Element
Goal a. Improve transportation and parking
systems by managing them more effectively
before investing in costly roadway and
parking expansion projects.

Ongoing
Proposals are reviewed for compliance.

Transportation Demand Management (TDM)
strategies are implemented if feasible.

Policy a.1. Adopt a Transportation Systems
Management (TSM) program to improve the
effectiveness of the transportation system.

The TSM will include:
a traffic-adaptive signal system that
interconnects and coordinates traffic
signals to optimize the flow of traffic
along the arterial street network;
directional and variable message
signs (VMS) located at the main
entrances to the city directing visitor
traffic to parking supply and
uncongested routes; dynamic signs
located close to public parking that
display available parking spaces
using real-time information and
flexible parking rates developed in the
parking programs;
advance traveler information (ATI) via
the Internet (for example, satellite
parking, preferred routes for special
events); and
performance standards for the
Recreation Trail.

Ongoing
The City’s TDM program/website is active,
and the City has reached out to major
employers to promote TDM. Implementation
of adaptive signal system is ongoing. VMS
are implemented during summer (high traffic)
months. Recreation Trail performance
standards have been discussed but are
difficult to implement and monitor.

Policy a.2. Adopt and update every five
years an MMMP that defines a pedestrian
MMMP was updated and adopted in 2021.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 23, Packet Page 126 and bicycle network and supports the local
transit system. The MMMP shall:
increase connectivity between
neighborhoods and major
destinations, such as transit, parks,
public facilities, schools, commercial
service and employment centers,
residential neighborhoods, and
parking structures,
promote transit service for residents,
employees, and visitors;
identify a long-term funding program for
local transit system service and
facilities with dedicated revenue
sources (e.g., citywide traffic impact
fees, dedicated sales tax); and
identify programs that encourage
employers to use flexible work
schedules, and provide preferential
treatment to rideshare vehicles (e.g.,
reserved parking spaces and/or
reduced parking fees in city lots).

Policy a.3. Adopt parking programs that
maximize occupancy of public parking spaces to
minimize parking impacts in adjacent residential
neighborhoods. The parking programs shall:
establish clear guidelines for providing,
coordinating, and managing parking in
the City according to the policies and
programs identified in the Parking
section of the Circulation Element,
Area Plans, Specific Plans or Master
Plans;
provide for long-term parking needs;
identify satellite parking east of
Lighthouse Tunnel to serve visitors
during peak periods of demand and
ensure transit system service to those
locations;
optimize parking resources, enhance
public safety, support City businesses,
and encourage increased use of
alternative transportation;
develop on-site parking requirements
along local transit system routes that
avoid creating parking impacts on
adjacent residential neighborhoods;
and
establish a parking fee structure for
public parking to promote (a) use of
Ongoing
The City continues to implement the
residential parking permit program. The City
is updating parking garage technology and
has installed wayfinding signage directing
people to parking.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 24, Packet Page 127 alternative modes of transportation
while discouraging personal vehicle
trips; (b) visitor parking for long periods
of time and use of the local transit
system; and (c) employee use during
off-peak periods without significantly
reducing revenues.

Goal b. Apply land-use planning tools and
strategies that support the City's circulation
goals and direct growth to areas best served
by alternative modes of transportation.

Ongoing
Mixed-use neighborhoods and specific plans
direct growth to these areas.

Policy b.1. Use land-use policies to
concentrate development within walking
distance of the transit system to reduce the
overall demand for travel and minimize the
traffic impacts of development.

Specific plans direct growth to these areas.

Program b.1.1. Encourage master plans that
incorporate transit/pedestrian-oriented design
(TOD/POD) standards for areas planned for
development of mixed-use neighborhoods.

Specific plans encourage TOD/POD.

Policy b.2. Adopt a parking impact fee and
traffic impact fee for all new development
within the mixed-use neighborhoods defined
in the Land Use Element that will fund
alternative modes of transportation as
outlined in the MMMP.

Efforts were made to adopt a traffic impact
fee, but it did not receive support.

Policy b.3. Encourage mixed-use
development to maximize the shared use of
on-site parking spaces.

Specific Plans encourage mixed-use
development and shared parking.

Policy b.4. Incorporate retail, office, or
residential community uses into the design of
public parking structures.

Specific Plans require active ground uses.

Policy b.5. Do not support non-aviation uses
within the Monterey Peninsula Airport District
that create unnecessary traffic impacts in
adjacent residential neighborhoods.

Proposals are reviewed for compliance
and/or scheduled to Airport Land Use
Commission review.

Goal c. Provide a safe, efficient, wellmaintained, and environmentally sound roadway system that supports the “complete
streets” concept of equality of choice among
all modes of transportation.

The City is currently developing a Complete
Streets policy.

Policy c.1. Monitor the transportation system
to determine when transportation
management programs must be
implemented.

Staff encourages TDM strategies and
monitoring by major employers.

Policy c.2. Continue to work closely with
Army officials to reopen to civilian automobile
traffic at least one route across the Presidio
of Monterey.

Ongoing efforts between City staff and Army.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 25, Packet Page 128 Policy c.3. Identify and implement street
improvements to address high accident rates
for motorists, pedestrians, and bicyclists,
even if such improvements result in
increased traffic congestion.

MMMP identified improvements which are
implemented if feasible.

Program c.3.1. Reduce unsafe conflict points
on all major and minor arterial streets by
avoiding trap lanes and providing left-turn
lanes at intersections.

Staff has made ongoing efforts to plan for a
left-turn lane at the intersection of Del Monte
Ave. and Sloat Ave.

Program c.3.2. Place the highest priority on
projects that reduce high accident rates.

Staff applied and continues to apply for state
and federal grants to fix intersections with
high accident rates.

Program c.3.3. Develop roadway safety
improvement projects that result in selfenforcing conditions and require a minimum amount of signage in order to reduce driver
confusion.

This is a goal in the neighborhood traffic
calming plans, which will be implemented if
feasible.

Policy c.4. Create and maintain a roadway
system that is safe, unobtrusive, and easy to
use for all modes of transportation.

City adopted Multi Mobility Plan to address
this issue.

Program c.4.1. Consider the needs of
buses, bicyclists, and pedestrians when
planning road improvements.

City adopted Multi Mobility Plan to address
this issue.

Program c.4.2. Update the directional
signage program to primary destinations.

Ongoing citywide wayfinding program will
update all signage.

Policy c.5. Preserve the city’s character and
valuable resources in future roadway
improvements to the transportation system.

Proposals are screened for compliance.

Program c.5.1. Respect the character and
type of surrounding land uses through the
design and use of streets.

Proposals are screened for compliance.

Program c.5.2. Preserve natural and historic
resources and maintain scenic views when
siting and developing new roads.

Proposals are screened for compliance.

Program c.5.3. Incorporate appropriate
landscaped medians, parkways, signs,
utilities, street furniture, sidewalks, and
bicycle lanes into transportation projects.

City adopted Move Monterey Plan to address
this issue.

Program c.5.4. Maintain the major entrances
to the city as scenic, landscaped corridors.

Proposals are screened for compliance.

Program c.5.5. Establish landscaped
greenbelt areas along the borders of scenic
highways.

Proposals are screened for compliance.

Policy c.6. Implement a street classification
system (Figure 5 and Table 4) that identifies
the functions of streets according to the
American Association of State Highway and
Transportation Officials (AASHTO) street
classifications.

City adopted Move Monterey Plan to address
this issue. .

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 26, Packet Page 129 Program c.6.1. Limit direct access from
private property to State highways.

Proposals are screened for compliance.

Program c.6.2. Through-traffic movement
along major arterial streets takes precedence
over access to adjacent land uses and traffic
access from side streets.

Proposals are screened for compliance.

Program c.6.3. Avoid mid-block median
openings and direct driveway access for
individual properties along major arterial
streets.

Proposals are screened for compliance.

Program c.6.4. Design minor arterial streets
to carry traffic along the fringe of and around
residential neighborhoods.

Proposals are screened for compliance.

Program c.6.5. Discourage and impede
through traffic on local streets through
residential neighborhoods.

This is a goal in the neighborhood traffic
calming plans, which will be implemented if
feasible.

Program c.6.6. Carry the local transit routes
on minor arterial streets.

Staff has ongoing coordination with MST.

Program c.6.7. Provide direct access to
adjacent land uses and circulation within
residential neighborhoods and commercial
districts on collector streets.

Proposals are screened for compliance.

Policy c.7. Continue to maintain streets
using the City’s Pavement Management
System (PMS).

These are ongoing maintenance efforts.

Policy c.8. Minimize traffic impacts in
residential neighborhoods by routing truck
and through traffic onto highways and arterial
streets, even where such routing is not the
shortest distance between two points.

The City has implemented truck routes that
address this issue.

Program c.8.1. Implement the truck route
system (Figure 7 and Table 5) by posting
truck route signage directing truck traffic
around residential areas.

The City has implemented truck routes that
address this issue.

Program c.8.2. Implement the visitor route
system (Figure 6 and Table 6).

The ongoing citywide wayfinding program
addresses this issue.

Policy c.9. Implement design and selfenforcing solutions rather than traffic control devices to slow and discourage through
traffic in residential areas.

This is a goal in the neighborhood traffic
calming plans, which get implemented if
feasible.

Program c.9.1. Encourage implementation of
the adopted City Traffic Calming Program.

Ongoing
Program c.9.2. Install traffic calming devices
(e.g., textured crosswalks and landscaped
medians) according to adopted neighborhood
traffic calming plans.

Ongoing
Program c.9.3. Limit the use of speed limit
signs and warning signs to alert motorists to
conditions or laws that are not obvious.

This is a goal in the neighborhood traffic
calming plans, which get implemented if
feasible.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 27, Packet Page 130 Policy c.10. Complete the widening of Del
Monte Avenue.

There are no current plans to widen Del
Monte Avenue.

Policy c.11. Improve traffic flow on Del
Monte Avenue at Washington Street.

Staff is continuing to apply for grants to
reconfigure this intersection.

Program c.11.1 Install an attractive
landscape median at the intersection of
Washington Street and Del Monte Avenue to
restrict pedestrians and vehicles from
crossing Del Monte Avenue. Include
operational improvements to Figueroa Street
and converting Tyler Street to two-way
between Del Monte Avenue and Franklin
Street.

Staff is continuing to apply for grants to
reconfigure this intersection. Operational
improvements to Figueroa were made with a
bicycle push button. Tyler has not been
converted.

Program c.11.2 Improve the pedestrian
connection from Washington Street and Del
Monte Avenue to the Alvarado Mall.

Staff is continuing to pursue ideas.

Program c.11.3 To better link the Downtown
with the waterfront, construct an attractive
pedestrian bridge between Spanish Plaza
and the Wharf parking lot to provide a direct
bicycle connection from Downtown to the
Recreation Trail.

Future project.

Policy c.12. Maintain two-way traffic on
Lighthouse Avenue to enhance the
pedestrian experience and business
environment and improve traffic safety.

Two-way traffic is maintained.

Program c.12.1. Implement a capital
improvement project to design, fund and
operate a long-term traffic solution for
Lighthouse Avenue.

There has been no consensus on a solution
for Lighthouse Avenue.

Policy c.13. Support capacity improvements
on State highways because these routes are
the primary entrances into the City.

Staff continues to pursue this issue.

Program c.13.1. Support Holman Highway
68 widening to four lanes along the entire
length. The design of this project should
minimize impacts along the ridgeline and to
the forested environment.

Staff supported a roundabout, which
increased capacity, rather than widening.

Program c.13.2. Support Monterey-Salinas
Highway 68 widening to four lanes of
expressway or a new off-alignment bypass
facility.

Staff is supporting a TAMC project for
roundabouts instead of widening to increase
capacity.

Program c.13.3. Support Highway 1
widening to six lanes between Highway 218
and the Fremont Boulevard interchange in
Sand City.

Future program
Policy c.14. Implement operational
improvements on major arterial streets so
that traffic can safely enter the city without
backing up on Highway 1.

The adaptive signal systems are helping this
issue.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 28, Packet Page 131 Program c.14.1. Improve the intersection
operations of Fremont Street Interchange and
Camino Aguajito to maximize flow along the
major arterial and reduce congestion.

The adaptive signal system is providing
operational improvements that alleviate
congestion on Highway 1.

Policy c.15. Continue to coordinate with
Caltrans and TAMC to identify improvements
and funding for improvements to Highway 1,
Highway 68 and other locations within the
City deemed important to the function of the
regional transportation network so that the
LOS standards for such facilities are met.

This intersection is under Caltrans control.

The City is working with Caltrans in order to
expand the traffic signal adaptive system to
Caltrans intersections.

Goal d. Promote a pedestrian/bicycle-friendly
environment where public spaces, streets,
and off-street paths offer a level of
convenience, safety, and attractiveness that
encourage and reward the use of alternative
modes of transportation.

The adopted Move Monterey Plan and
Specific Plans promote this goal.

Policy d.1. Build on the success of the
Recreation Trail to make walking and
bicycling through Monterey safe and
enjoyable.

Staff continues to support Recreation Trail
enhancements.

Program d.1.2. Install adequate lighting along
Class I bike trails.

Staff supports adequate lighting whenever
feasible.

Program d.1.3. Plan and support a
continuous east west Class I/Class II bikeway
that connects the Monterey Peninsula with
Salinas.

Staff is supporting TAMC’s efforts with this
effort.

Program d.1.4. Enhance public awareness of
bicycling laws and the proper use of bikeways
through enforcement, bicycle safety programs,
and bikeway design.

The City received an Office of Traffic Safety
grant and implemented an education
program.

Policy d.2. Provide ample space on the
Recreation Trail to reduce conflicts between
different users, including bicyclists, in-line
skaters, non-motorized scooters, pedestrians,
and surreys.

Staff applied for a grant to widen the
Recreation Trail but did not receive it.

Program d.2.1. Maintain a minimum width of

6.7 meters (22 feet) on high-volume
segments and a minimum width of 4.3 meters
(14 feet) on other segments.

Ongoing
Program d.2.2. Limit the number of surreys
that may be rented for use on the Recreation
Trail at any one time.

The number of surreys is limited by use
permit.

Policy d.3. Create an integrated, safe, and
convenient pedestrian system connecting city
neighborhoods, schools, recreation areas,
commercial areas, and places of interest.

Develop, implement, and maintain a
pedestrian chapter of the MMMP to include:
sidewalks and paths to complete a
The Move Monterey Plan discusses these
issues.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 29, Packet Page 132 continuous pedestrian network
throughout the community,
sidewalk design standards requiring a
minimum width of 6 feet for a pleasant
pedestrian and wheelchair
environment in commercial business
districts and a minimum usable,
unobstructed width of 4 feet clear
space for Special Needs Groups; and
amenities for alternative
transportation methods, such as
bicycles, scooters, and mopeds in the
commercial districts and along the
Recreational Trail (e.g., special
parking places, bicycle racks, storage
lockers, etc.).

Policy d.4. Establish and maintain
pedestrian-friendly environments in
commercial areas.

The City adopted specific plan that help
create pedestrian friendly environments.

Program d.4.1. Require newly proposed
developments in commercial areas to provide
sidewalks or pedestrian connections to
surrounding areas, adjacent transit facilities,
and/or other travel facilities during
development review.

The City adopted specific plan that help
create pedestrian friendly environments.

Program d.4.2. Underground utilities in
commercial business districts to maintain
adequate space for pedestrians and to
improve the shopping environment.

The City has adopted an ordinance to require
undergrounding of new wireless facilities in
certain circumstances.

Program d.4.3. Create an attractive
pedestrian environment by providing “buffers”
separating pedestrians and vehicular traffic
(e.g., street trees, on-street parking, and
public furniture).

The Move Monterey Plan addresses this
issue.

Program d.4.4. Improve pedestrian
circulation in the downtown area by improving
pedestrian connections between Calle
Principal and Washington Streets.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.4.5. Improve pedestrian
circulation between Cannery Row and
Lighthouse Avenue.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.5. Design intersections to improve
pedestrian safety, minimize pedestrian
crossing distances, and reduce signal time
needed to serve non-vehicle movements.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.5.1. Install curb extensions to
minimize the time needed for pedestrians to
cross busy streets.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.5.2. Provide sidewalk curb ramps
in all major activity areas and commercial
The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 30, Packet Page 133 centers in accordance with the Americans
with Disabilities Act.

Policy d.6. Develop pedestrian and bicycle
paths in hillside and other open-space areas
as part of the regional trail system and/or as
links between major greenbelt and recreation
areas.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.7. Cooperate with other Peninsula
cities to complete the Monterey Bay Coastal
Trail as planned, including connections to
parks and green belts.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.8. Maintain designated bicycle
routes as attractive and safe transportation
facilities that provide a viable alternative to
auto travel into and throughout the city.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.8.1. Encourage bike lanes, bike
racks, bike lockers, employee shower and
changing facilities in new developments.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Policy d.9. Maintain the Recreation Trail as
an attractive and safe recreation facility along
the waterfront area that also provides a
critical link for non-auto travel throughout the
city.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.9.1. Identify in the MMMP a Class
I or Class II bike route connecting each
neighborhood to the Recreation Trail.

The Move Monterey Plan addresses this
issue, and staff implements it if feasible.

Program d.9.2. Include a Class II bike route
connecting Fremont Street to the Recreation
Trail along the Camino Aguajito alignment in
the City’s MMMP.

Completed
Policy d.10. Support efforts by regional and
state agencies to establish bike and
pedestrian paths along Monterey/Salinas
Highway (Highway 68).

Staff continually supports these efforts.

Goal e. Optimize the use of Monterey’s
existing parking supply to minimize the
amount of land dedicated to parking needs,
especially in commercial business districts
and along the scenic coastline.

Staff has explored more efficient use of
existing parking facilities.

Policy e.1. Explore opportunities to provide
additional parking to serve employees in the
south Downtown.

Staff has explored more efficient use of
existing parking facilities.

Policy e.2. Study the use of assessment
districts to fund and develop new parking
solutions where shortages exist (for example,
the Cass / Eldorado Area).

Future project
Policy e.3. Establish appropriate time limits
for parking in commercial business districts to
support local businesses and encourage use
of the local shuttle.

Appropriate time limits have been
established.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 31, Packet Page 134 Policy e.4. Survey land uses, public parking
supplies, and available alternative modes of
transportation prior to considering changes in
parking requirements.

Ongoing
Policy e.5. Design attractive pedestrian ways
through parking lots to enable pedestrians to
reach their destinations in a safe manner.

Future project
Policy e.6. Establish locations for visitor
recreational vehicle parking that are served by
the local shuttle.

RV parking is available at the Waterfront
parking lot. This area is within a short
walking distance of shuttle stops.

Policy e.7. Major special events with limited
parking should provide direct and affordable
transit service to satellite parking locations.

Staff reviews TDM measures for special
events.

Policy e.8. Identify affordable employee
parking locations in the Downtown and
Cannery Row areas to minimize the impacts
on residential neighborhoods.

Staff continually supports this effort through
TDM.

Program e.8.1. Identify and develop
peripheral and satellite parking facilities for
employees. Work with businesses to fund the
construction and maintenance of parking
facilities, and to develop shuttle service
where necessary.

Staff continually supports this effort through
TDM.

Program e.8.2. Work with employers in
business districts to offer incentives for
employees to take transit, ride bikes, or walk
to work or to park in designated areas.

Staff continually supports this effort through
TDM.

Policy e.9. Improve utilization of existing
parking and create new parking opportunities
through partnerships and cooperation in
order to meet parking needs with fewer total
spaces.

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.1. Rely on shared parking to
minimize the number of parking spaces left
unoccupied during peak demand.

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.2. Work with businesses and
churches to make on-site parking spaces
available for the general public during hours
those parking spaces would otherwise be
unused.

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.3. Create joint-use agreements
to share parking at existing facilities for the
use of new developments at locations with
complementary parking patterns (e.g.,
residential and office).

Staff continually supports this effort through
TDM. Specific Plans and mixed-use areas
encourage shared parking.

Program e.9.4. Dedicate van/carpool parking
spaces in public parking lots based on
demand.

Staff continually supports this effort through
TDM.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 32, Packet Page 135 Program e.9.5. Dedicate motorcycle parking
spaces in public parking lots and on-street
where feasible.

Staff continually supports this effort.

Program e.9.6. If existing parking lots are
developed with new construction, investigate
opportunities to replace the lost parking
spaces.

Opportunities to replace lost parking are
investigated.

Program e.9.7. Investigate partnerships with
public and private entities for multi-purpose
parking facilities.

Staff continually supports this effort through
TDM.

Policy e.10. Reduce employee and student
parking spillover into neighborhoods using
residential permit parking.

The City administers a residential parking
program.

Program e.10.1. Establish or expand
residential permit parking areas where
parking occupancy levels exceed 70% of
capacity and a majority of residences have
signed a petition supporting proposed permit.

Staff continually supports this effort.

Program e.10.2. Periodically review
neighborhoods with residential permit parking
programs to maximize the effectiveness of
the program.

Staff reviews neighborhoods with these
programs if the request is made.

Goal f. Provide an attractive and convenient
transit service for Monterey citizens,
especially those in the community who can
not or choose not to own a private
automobile.

Staff continually supports this effort.

Policy f.1. Work with MST to operate transit
on the city’s major and minor arterial streets,
maintaining an average headway that does
not exceed 20 minutes during the a.m. and
p.m. peak commute hours.

Staff continually supports and coordinates
with MST.

Policy f.2. Work with MST to keep fares low
enough to obtain consistently high patronage
and encourage more off-peak use.

Staff continually supports and coordinates
with MST.

Policy f.3. Use MST’s demand-responsive
DART service to provide service to low-density
areas. Expand DART service within the city
where flexible routing is justified.

Staff continually supports and coordinates
with MST.

Policy f.4. Identify funding for fare subsidies
or transit pass programs (e.g., employer fee
program to fund transit in lieu of providing onsite parking spaces, transit pass program for schools and large employers, senior and
youth discount passes, youth ridership
programs to increase weekend and nighttime
ridership).

Staff continually supports this through TDM.

Policy f.5. Give transit vehicles priority over
other vehicles.

Staff continually supports this effort.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 33, Packet Page 136 Policy f.6. Work with MST and area
jurisdictions to improve transit links between
residential areas and areas of major city
employment.

Staff continually supports and coordinates
with MST.

Policy f.7. Improve and develop safe,
convenient, and protected transit facilities
that are compatible in design with the
surrounding area.

Staff continually supports and coordinates
with MST.

Program f.7.1. Require developers to
provide transit amenities in accordance with
the MST Development Review Guidebook.

Staff continually supports and coordinates
with MST.

Program f.7.2. Work with MST to provide
and maintain attractive amenities, such as
benches, shelters, lighting, news racks,
decorative trashcans, and bicycle parking at
transit stops.

Staff continually supports and coordinates
with MST.

Program f.7.3. Work with MST to continue to
provide clear and easy-to-understand route
information, maps, and other computerized
transit information systems at transit stops
and on the City’s Web site.

Staff continually supports and coordinates
with MST.

Policy f.8. Continue to provide cost-efficient,
reliable transportation services to individuals
with disabilities for whom the use of fixedroute public transit is difficult.

Staff continually supports and coordinates
with MST.

Program f.8.1. Work with MST to maintain
the RIDES paratransit service.

Staff continually supports and coordinates
with MST.

Program f.8.2. Provide information about the
RIDES program on the City’s Web site and in
appropriate city publications.

Staff continually supports and coordinates
with MST.

Goal g. Provide a transportation system that
supports the local economy.

Staff continually supports this through TDM.

Policy g.1. Provide pedestrian-friendly
environments in the commercial business
districts to extend the time spent in the
commercial business districts and enhance
the overall shopping experience.

The Specific Plans incorporate strategies for
pedestrian friendly environments.

Policy g.2. Prioritize achieving a high level of
multi-modal LOS in commercial business
districts and do not allow auto-oriented LOS
standards negatively affect the shopping
experience in commercial business districts.

The City updated its regulations to reflect the
requirement for Vehicles Miles Traveled to
address this issue.

Policy g.3. Direct visitor traffic entering the
City on Fremont to routes through Downtown
during off-peak times.

The City achieves this with VMS.

Policy g.3.a Direct traffic leaving Cannery
Row to use David Avenue and Holman
Highway 68 to go to Highway 1.

The City achieves this policy with VMS.

Policy g.4. Improve pedestrian experience in
commercial areas.

The Specific Plans incorporate strategies for
pedestrian friendly environments.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 34, Packet Page 137 Program g.4.1 Implement attractive
streetscape designs and improve pedestrian
and bicycle connections to the Recreation
Trail.

The Move Monterey Plan encourages
attractive streetscapes and pedestrian/bicycle
connections. Staff implements these
concepts if feasible.

Program g.4.2 Provide visual cues to draw
pedestrians and bicyclists toward commercial
areas along pedestrian and bicycle paths.

The Move Monterey Plan encourages this
concept, and staff implements it if feasible.

Policy g.5. Utilize the local transit system to
serve the commercial business districts,
providing visitors the best opportunity to enjoy
local businesses.

The City continually supports the MST
Trolley.

Policy g.6. Improve the pedestrian
environment along North Fremont Street.

The Specific Plan incorporates strategies for
pedestrian friendly environments.

Program g.6.1 Prepare and implement a
North Fremont Streetscape Study.

Future program
Policy g.7. Improve the connection between
Downtown and the Waterfront through the
Alvarado Mall.

The Move Monterey Plan encourages this
concept.

Program g.7.1. Work with the business
community to provide a visual extension of
Alvarado Street.

The Monterey Conference Center renovation
achieved this program directive.

Program g.7.2. Make Alvarado Mall and
Portola Plaza visually interesting places with
activities that attract tourists and local
residents.

The Monterey Conference Center renovation
achieved this program directive.

Goal h. Make public transportation in the City
of Monterey an attractive alternative for
tourists.

The City encourages this by supporting the
MST Trolley.

Policy h.1. Provide an exceptional local
shuttle, scenic bicycle routes, and attractive
pedestrian paths.

This is achieved with the MST Trolley.

Program h.1.1. Use unique “niche” vehicles
in the local transit system to differentiate this
program from typical public transit service.

This is achieved with the MST Trolley.

Program h.1.2. Create an attractive
pedestrian environment on Del Monte
Avenue near the downtown parking
structures to encourage visitors to walk to the
downtown and Fisherman’s Wharf.

Wayfinding signage program is proposed to
implement this program.

Program h.1.3. Plan interactive, “smart”
kiosks at the major parking structure exits to
provide real-time shuttle information (i.e.,
schedule, vehicle tracking information,
attractions near stops) using innovative
technology to maximize the user-friendly
benefits of the local transit system.

Wayfinding signage program is proposed to
implement this program.

Program h.1.4. Add public art along popular
tourist routes to enhance the pedestrian
experience, accentuate culture, and maintain
the historic character of Monterey.

The Museum and Cultural Arts Division works
diligently on establishing public art throughout
the community.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 35, Packet Page 138 Program h.1.5. Provide comfortable seating
with interpretive signs at adequate spacing
along the Recreation Trail and other popular
pedestrian routes.

Completed
Program h.1.6. Expand and enhance the
“Path of History,” including new paths along
Cannery Row and Lower Presidio.

Future project
Policy h.2. Adopt a taxi operations plan to
ensure fair pricing, qualified drivers, clean
and efficient service, especially to tourist
destinations, hotels and the airport.

The Police Department implements the City’s
taxi ordinance.

Goal i. Support the movement of people,
goods, and services by other transportation
facilities, such as air, rail, and water.

The City continually supports the Monterey
Airport and TAMC’s rail transportation efforts.

Policy i.1. Work with the Airport District and
the hospitality industry to provide a direct and
affordable transit service between the
Monterey Peninsula Airport and the local
shuttle service area to reduce congestion.

Staff continually supports this policy.

Policy i.2. Protect the potential for future rail
transportation by supporting the efforts of the
Transportation Agency for Monterey County
(TAMC) to provide additional passenger rail
service to the urban centers.

Staff continually supports TAMC in these
efforts.

Program i.2.1. Plan to expand the local shuttle
service area to nearby proposed rail stations.

Staff will support this when the opportunity
comes.

Program i.2.2. Require grade separation
crossings at all locations where rail service
crosses a Class I bike route or the Recreation
Trail.

Staff will support this when the opportunity
comes.

Program i.2.3. Require grade separation
crossings at all locations where rail service intersects with a major or minor arterial street.

Staff will support this when the opportunity
comes.

Policy i.4. Provide safe crossings for bicycle
and pedestrian trail and vehicle crossings
along the rail line.

Staff will support this when the opportunity
comes.

Program i.4.1. Restrict at-grade railroad
crossings of proposed rail service within the
City.

Staff will support this when the opportunity
comes.

Policy i.5. Maintain the ability to restore rail
service to the Monterey Peninsula.

Staff supports this effort.

Program i.5.1. Consider the compatibility of
proposed land use developments with the
establishment of future rail service into the
City of Monterey.

The City’s land use plans consider
compatibility.

Policy i.6. Balance the community’s need for
air transportation service with community
safety and environmental needs.

Staff continually supports this effort.

Policy i.7. Direct vehicular traffic generated
by airport land uses to arterial streets and
The citywide wayfinding program supports
this policy.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 36, Packet Page 139 highways and away from residential
neighborhoods.

Program i.7.1. Work with the Airport District
to implement alternatives to the use of Airport
Road as an access road for non-aviation
uses on the Airport grounds.

Staff continually pursues this effort.

Policy i.8. Provide affordable shuttle service
to the Monterey Peninsula Airport.

Staff encourages this effort through TDM.

Policy i.9. Prohibit land-use activities that
interfere with the safe operation of aircraft
using the airport.

Staff screens proposals to ensure they
comply with the Monterey Airport Land Use
Compatibility Plan.

Policy i.10. Support improvements and
operational changes at the airport that
promote safety and noise reduction.

Staff continually pursues discussions to
reduce airport impacts on the City.

Program i.10.1. Actively work with the Airport
District to maintain air service curfews.

Staff continually pursues discussions to
reduce airport impacts on the City.

Policy i.11. Plan for a multimodal facility in
central Monterey that supports and
encourages the use of airport shuttles,
regional transit, and local transit.

Staff continually supports this through TDM.

Goal j. Measure the effectiveness of the
transportation system and its ability to safely
and effectively move people and goods, not
simply vehicles.

Staff continually supports this through the
Move Monterey Plan .

Policy j.1. Establish multi-modal LOS
standards and automobile LOS standard for
defined neighborhoods that work together to
measure the effectiveness of the
transportation system, and establish a
mechanism for funding the implementation of
the transportation system that fulfills the
vision of the Circulation Element.

CEQA review threshold has changed to
Vehicle Miles Traveled. In 2021, the City
Council adopted vehicle miles traveled as the
metric for conducting transportation impact
analyses.

Program j.1.1. Adopt and update every five
years, a MMMP that will:
define LOS standards for each
neighborhood;
provide a muiti-modal network that
connects identified origins and
destinations, provides safe links
between transportation modes, and
locates end of use facilities at popular
destinations;
define multi-modal corridors;
define quantifiable objectives;
monitor and measure policy impacts
and results, and
develop response strategies should
the City begin moving in a direction
away from the General Plan goals.

CEQA review threshold has changed to
Vehicle Miles Traveled.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 37, Packet Page 140 Program j.1.2. Establish LOS D as an
acceptable automobile LOS standard for
roadway segments that are not within a multimodal corridor.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Program j.1.3. Establish LOS E and LOS F
as an acceptable automobile LOS on
roadway segments within a completed multimodal corridor as defined in the MMMP.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Policy j.2. Require an analysis of the effects
on the transportation network for projects that
may cause significant traffic impacts, as
defined by the established multi-modal LOS
and automobile LOS and identify appropriate
mitigation measures.

CEQA review threshold has changed to
Vehicle Miles Traveled. Traffic impact
analyses are required if applicable.

Program j.2.1. Define the traffic impact study
area to be analyzed as all roadway segments
where project traffic is expected to increase
the existing traffic by two percent (2%) or
more.

Proposals are screened for compliance.

Program j.2.2. Define a project’s traffic
impact as significant if the project is expected
to reduce a roadway segment to an
unacceptable level or further degrade an
already unacceptable LOS under cumulative
traffic conditions during typical (i.e., nonsummer) weekday traffic conditions.

CEQA review threshold has changed to
Vehicle Miles Traveled. Proposals are
screened for compliance.

Program j.2.3. Require projects to build or
fund a pro-rata share toward improvements
necessary to mitigate significant traffic
impacts, as defined by the MMMP or the
General Plan EIR.

CEQA review threshold has changed to
Vehicle Miles Traveled. Mitigation measures
are required if traffic impacts are significant.

Program j.2.4. Adopt a traffic impact fee
ordinance used to define the pro-rata share
of a development’s impact on the
transportation system. The traffic impact fee
will be used towards roadway improvements
identified in the General Plan EIR, bicycle
infrastructure and pedestrian infrastructure
improvements as defined in the MMMP, and
transit improvements.

Efforts were made to adopt a traffic impact
fee, but it did not receive support.

Policy j.3. Monitor accident rates and trends
to identify locations for possible
transportation safety improvements.

Staff continually monitors accident rates and
trends.

Housing Element
Goal a. Promote construction of new
ownership housing units and conservation of
existing ownership housing units to maintain
and/or improve the existing balance between
owner and rental units in Monterey.

Background information

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 38, Packet Page 141 Policy a.1. Encourage the production of new
ownership housing units.

Background information
Program a.1.1. The City will continue to
update its list of larger developable sites and
contact property owners to determine
opportunities for housing construction. There
will be an emphasis on constructing housing
types that provide mixed-income and large
family ownership opportunities.

Completed
Program a.1.2. Maintain existing singlefamily zoning throughout the City. Rezoning of single-family land to other uses should not
occur without findings that the proposed use
is more beneficial to the City than retaining
single-family ownership opportunities.

Completed
No single-family properties have been
rezoned.

Program a.1.3. Continue to create and adopt
development standards for mixed use areas
that have development potential for new
housing units.

Completed
Program a.1.4. Continue to work with the
major employers in Monterey and the region
to provide targeted homeownership
opportunities for employees (see Programs
h.1.1 and h.1.2).

Progress continues

Middlebury Institute is constructed a new
housing project for students in 2021.

Program a.1.5. Monitor and evaluate the use
permit process for new multi-family projects
in the R-3 and Commercial districts to
determine whether the process qualifies as a
constraint to residential development.

Identify strategies to be implemented by the
City to remove any constraint identified by the
evaluation. Provide a summary of the
evaluation (and strategies, if identified) to
HCD as a part of the City’s annual reporting
requirement.

Progress continues.

Lack of water supply continues to be
significant constraint to development. Staff
has contacted the Monterey Peninsula Water
District and State Water Resources Control
Board about relaxing Condition #2 of Cease
and Desist Order. Little progress has been
made.

Policy a.2. Encourage the conservation of
existing homeownership opportunities,
including moderate-income units.

Background information
Program a.2.1. The City will continue
allowing additional floor area for single-family
homes and eliminate additional parking
requirements with building upgrades for
historic properties.

Completed. Zoning allows flexibility.

Program a.2.2. Begin process for
determining whether City can reduce the
minimum lot size for single-family
subdivisions on existing R-3 lots to increase
the stock of affordable housing, while
retaining the existing house where one is
present and retaining neighborhood
Future program
New ADU laws became effective to allow
additional units.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 39, Packet Page 142 character. The program may use
condominium, townhouse, or detached form
of housing units and shall utilize design and
construction methods to maximize privacy
and minimize sound transmission.

Program a.2.3. Evaluate the Down Payment
Assistance Program to determine if it will be
practical to assign the City’s purchase option
to qualified buyers. Investigate opportunities
to increase Down Payment Assistance loans
for equity sharing for detached single-family
houses.

The City restarted the Down Payment
Assistance Program in 2020. The City issued
1 new Down Payment Assistance loan for
$50,000 to a qualified buyer through the
City’s Purchase and Resale Program.

Goal b. Broaden the choice of rental housing
types available to residents of Monterey in all
price ranges and for all family sizes, while
maintaining neighborhood compatibility and,
where possible, using second units to
encourage owner opportunities.

Background information
Policy b.1. Provide the opportunity to
construct new multi-family housing units in
pockets of opportunity.

Background information
Program b.1.1. Maintain multi-family
densities at 30 units per acre in the R-3 zone,
specific plan areas, and in commercial zones
with the potential for density bonuses as
outlined in Program i.1.2.

Completed

Densities have been increased in some
specific plan areas to 100 du/acre or no limit
on an individual site if overall density for an
area is not achieved.

Program b.1.2. Assist the Housing Authority,
nonprofit agencies, and private developers in
providing extremely low-, low-, and very lowincome housing as opportunities become available, using the current Housing Element
as a basis for action.

The City will continue to provide assistance
by streamlining the permit process. A staff
member is assigned to coordinate City
reviews. The City will also coordinate with the
developer to help make the project financially
feasible, such as by providing low-interest
loans and other incentives when affordable
housing goals are met.

Progress continues.

City has issued an RFP for 100% affordable
housing developments on City owned sites.

Multiple proposals have been received and
are under consideration.

Program b.1.3. Evaluate the existing
allocation of Housing Choice Vouchers and
encourage and support the Housing Authority
and private market landlords to expand
utilization of the Housing Choice Voucher
program.

Encourage the Housing Authority
to grant 20 percent rent
Future program

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 40, Packet Page 143 exceptions for the Monterey area
to provide a greater housing
choice for very low-income
renters.

Encourage the Housing Authority
to market the Housing Choice
Voucher programs to Monterey
landlords and post applications on
the City’s website.

Encourage the Housing Authority
to recruit more Monterey families
assisted by Housing Choice
Voucher into the Family SelfSufficiency Program.

Program b.1.4. The City will encourage
affordable rents by providing brochures that
outline the City’s Voluntary Rental
Guidelines, but discourage citywide rent
control.

Completed
New rental guidelines approved.

Program b.1.5. Continue to require a
minimum 5,000-square-foot lot size for new
apartment developments.

Completed
Goal c. Provide family housing opportunities
on larger sites and for all income levels.

Background information
Policy c.1. Encourage units suitable for
family occupancy.

Background information
Program c.1.1. Encourage larger units with
two or more bedrooms and open spaces with
sufficient area for children’s play in R-3
developments. The City will conduct a
comprehensive review and revision of the
current parking requirement to determine the
feasibility of requiring at least one-third of any
housing development over three units to
provide two or more bedrooms. All housing
projects will continue to be required to
provide open space to give residents an
opportunity for outside activities.

Future program
Program c.1.2. Encourage the Housing
Authority and for-profit and nonprofit
developers to build affordable housing for
families with children whenever possible. The
City will discuss family housing needs with
potential developers and the financial and
processing incentives that are available.

Progress continues. Staff met with multiple
developers to discuss this opportunity in a
recently rezoned area along Garden Road.

Garden Road was previously only available
for light industrial and office development.

The City Council adopted zoning changes to
allow multi-family residential. Many of these
developers seem interested in larger
residential units due to water limitations. In
2021, developers submit applications
requesting density bonus law incentives for
multiple multifamily developments.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 41, Packet Page 144 Goal d. Encourage maintenance and
rehabilitation of the entire housing stock. The
City will continue to advertise rehabilitation
programs on the City’s website and provide
brochures at the City library and housing
office.

Background information
Policy d.1. Provide rehabilitation assistance
to low-income households and encourage
privately funded rehabilitation wherever
deterioration is present.

Background information
Program d.1.1 Provide emergency major
repair assistance to low and moderate
income households.

The City assisted 1 household with a major
home loan.

Program d.1.2. Provide rehabilitation
assistance in the form of:

Major rehabilitation loans;
Emergency repair loans; and
Home safety repair grants.

The City assisted seven households.

Program d.1.3. Continue the “Mr. Fixit”
program to provide emergency repair
assistance, weatherization and energy
retrofits to an average of 10 units per year.

The City assisted seven households.

Policy d.2. Conserve existing low- and
moderate-cost housing units.

Background information
Program d.2.1. Investigate the option of
purchasing inclusionary housing units or
other units to replace them. Investigate
programs, nonprofit sponsors, and funding
sources to retain lower-income housing units
at risk of conversion to market-rate rents.

Ongoing
The City operates an effective Purchase and
Resale Program.

Program d.2.2. Maintain the affordability of
low- and moderate- income rental units under
the Inclusionary Housing Program through
the use of deed restrictions and continue to
implement the Purchase and Resale Program
for owner-occupied inclusionary units.

Ongoing.

The City's Ordinance requires new
inclusionary housing units to be preserved in
perpetuity with a recorded deed restriction.

The City purchased and resold six in 2021
through the Purchase and Resale Program.

Program d.2.3. Continue to monitor at-risk
units and gauge interest in renewal through
individual contacts and surveys. Meet with
property owners to strategize what package
of incentives would retain the affordable
units.

The City operates an effective Purchase and
Resale Program. The City continues to
monitor the situation. The City purchased
and resold six units in 2022 through the
Purchase and Resale Program.

Program d.2.4. The City will continue to
explore with local non-profits and other
affordable housing developers strategies and
financing alternatives that can be employed
to produce new affordable extremely low, low
and very low-income housing in the
community.

City has issued an RFP for 100% affordable
housing developments on City owned sites.

Multiple proposals have been received and
are under consideration.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 42, Packet Page 145 Program d.2.5. Prioritize funding or acquire
funding to assist nonprofits to purchase units
that may be lost from the Inclusionary
Program or to acquire replacement units.

Ongoing. The City operates an effective
Purchase and Resale Program. The City
purchased and resold six units in 2021
through the Purchase and Resale Program.

Program d.2.6. Analyze the feasibility of
utilizing a City-sponsored rental rehabilitation
program to encourage at-risk units to be
retained.

Future program
Program d.2.7. Implement a program to
reduce, waive, or subsidize local fees
associated with preservation or replacement
of at-risk units.

Completed
No fees
Goal e. Provide for fair and equal housing
opportunities for all persons, regardless of
age, sex, family size, race, creed, color, or
national origin.

Background information
Policy e.1. Assure that all persons in
Monterey receive equal housing
opportunities. Promote equal housing
opportunities by making this information
available at the City library, Housing
Department office, and social service
providers. Also, provide this information on
the City’s website.

Background information
Program e.1.1. Cooperate in countywide fair
housing activities and federal government
programs that emphasize educational and
counseling activities.

Completed
The City worked cooperatively with Monterey
County on an Analysis of Impediments to Fair
Housing Choice (Regional AI) study.

ECHO provides fair housing services to the
City of Monterey and other jurisdictions in
Monterey County.

Program e.1.2. Provide contract fair housing
mediation for all fair housing complaints and
questions. Advertise fair housing mediation
services. Notify social service agencies of
programs. Advertise programs consistent
with the City’s Housing Consolidated Plan.

Ongoing
City contracts with ECHO fair housing
services.

Program e.1.3. Distribute available housing
subsidies to sites throughout the City to avoid
concentrations of subsidized housing.

Inclusionary housing units should be built on
the site of market-rate housing. Inclusionary
housing should be compatible with the
surrounding neighborhood.

Ongoing
City rehabilitation funds are distributed
citywide based on applications received.

Inclusionary housing program is citywide
requirement for developments exceeding 5
units. A concentration of subsidized housing
is not being created.

Program e.1.4. Continue to provide online
applications for the City’s Purchase and
Resale program waiting list to market
affordable housing units on the City’s
website.

Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 43, Packet Page 146 Program e.1.5. Continue to provide service
referrals to rental assistance, ownership
assistance, homeless assistance, and
general community services.

The City provided $894,644 in emergency
rental assistance to low income households
in 2021.

Program e.1.6. Continue to distribute
Housing Choice Voucher applications at the
City’s Housing Division and have staff
available to help applicants with the process.

Completed
Applications available
Goal f. Remain sensitive to the needs of the
elderly, single-parent-headed households,
the disabled and large families, and develop
positive programs to assist the homeless.

Background information
Policy f.1. Encourage construction of
housing units that provide for special needs.

Background information
Program f.1.1. Provide for needs of special
housing needs groups by complying with
ADA regulations in reviewing private
development projects and in City-assisted
housing projects.

Ongoing
Program f.1.2. Market low- and moderateincome housing programs through the use of direct advertising including, but not limited to,
the City’s website, referrals, brochures,
newspapers, and other media.

Ongoing
Program f.1.3. Encourage the schools,
students, and senior citizen groups to pursue
roommate matching service to take
advantage of underutilized homes in
Monterey.

Future program
Program f.1.4. Develop a program of
emergency grants or loans to assist lowincome households that are threatened with eviction. Provide funds on a one-time basis to
assist households that could remain in their
rental housing units if back rent is paid.

The City provided $894,644 in emergency
rental assistance to low income households
in 2021.

Program f.1.5. Continue to provide City
assistance to nonprofit providers of services
and temporary housing to Monterey
homeless.

Completed
Public service grants provided annually
through a competitive process.

Program f.1.6. Amend the City’s Zoning
Code to provide individuals with
developmental disabilities reasonable
accommodation in rules, policies, practices,
and procedures that may be necessary to
ensure equal access to housing. The purpose
of this is to provide a process for individuals
with disabilities to make requests for
reasonable accommodation in regard to relief
from the various land use, zoning, or building
laws of the City. As part of this program, the
Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 44, Packet Page 147 City will appoint a staff person to work with
disabled persons who are proposing
improvements to accommodate their needs.

The purpose is to streamline the permit
review process if needed.

Program f.1.7: Work with the San Andreas
Regional Center in Salinas to implement an
outreach program that informs families within
the City on housing and services available for
persons with developmental disabilities. Such
collaboration should include development of
an informational brochure and information on
services on the City’s website, and providing
housing-related training for
individuals/families through workshops.

Completed
Program f.1.8: Develop a program to provide
rental assistance to fill the gap between
income levels and the cost of housing for
persons with Developmental Disabilities. The
program will include the following steps: Step
One: Work with the regional center to identify
the housing needs of the clients and assist in
identifying available housing that meets those
criteria. Step Two: Identify the gaps that limit
access to housing for persons with
developmental disabilities (i.e. financial,
accessibility). Step Three: Develop
Guidelines and market program
The City provided $894,644 in emergency
rental assistance to low income households
in 2021.

Program f.1.9: Explore models to encourage
the creation of housing for persons with
developmental disabilities and implement a
program by 2017. Such models could include
assisting in housing development through the
use of set-asides, scattered site acquisition,
new construction, and pooled trusts;
providing housing services that educate,
advocate, inform, and assist people to locate
and maintain housing; and models to assist in
the maintenance and repair of housing for
persons with developmental disabilities. The
City shall also seek State and Federal
monies for direct support of housing
construction and rehabilitation specifically
targeted for housing for persons with
disabilities.

Progress continues. City has issued an RFP
for 100% affordable housing developments
on City owned sites. Multiple proposals have
been received and are under consideration.

Program f.1.10. Pursuant to Senate Bill 2,
the City will amend the Zoning Ordinance to
allow emergency shelters as a permitted use
in a newly created overlay zone along Del
Monte Avenue east of the Naval
Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 45, Packet Page 148 Postgraduate School, which has vacant and
underutilized parcels and is close to transit
corridors and close to services. The City will
create this overlay zone with specific
development standards for emergency
shelters. In addition, the City will evaluate
adopting development and managerial
standards that will be consistent with
Government Code Section 65583(a)(4).

These standards may include such items as:

Lighting;
On-site management;
Maximum number of beds or
persons to be served nightly by
the facility;
Off-street parking based on
demonstrated need; and
Security during hours that the
emergency shelter is in operation.

Program f.1.11. Pursuant to Senate Bill 2,
the City must explicitly allow both supportive
and transitional housing types in all zones
that allow residential uses and treated the
same as any other housing type in the same
zone. The City shall update its Zoning
Ordinance to include separate definitions of
transitional and supportive housing as
defined in Health and Safety Code Sections
50675.2 and 50675.14. Both transitional and
supportive housing types will be allowed as a
permitted use in all zones where residential
uses are allowed, subject to only the same
restrictions on residential uses contained in
the same type of structure.

Partially completed. Additional amendments
required for residential districts.

Program f.1.12. To support the development
of housing affordable to extremely lowincome households, the City shall apply for state and federal funding and grant priority to
projects that include units affordable to
extremely low- income households, such as
SROs.

Ongoing
Van Buren Senior Housing Project and
Monterey Hotel Apartments have been
completed and are occupied.

Program f.1.13. The City will support
regional efforts to ensure that the need for
farmworker housing is met at a regional level.

The City will also analyze zoning ordinance
on a regular basis for compliance with and
Safety Code Sections 17021.5 and 17021.6.

Section 17021.5. If any inconsistencies are
Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 46, Packet Page 149 found, amendments to achieve compliances
shall be made within six months.

Program f.1.14. The City will support
regional efforts and pursue the following to
create adequate supportive housing for the
community:

Collaborate with Coalition of Homeless
Service Providers and Monterey
Homeless Exchange to develop a target
for the number of Permanent Supportive
Housing Units to be developed in the
City. This will be a combination of some
percentage of the current homeless
population plus other populations in need
of supportive housing.

Pursue Tenant Based Rental Assistance
funding from HOME Program to support
the operations of permanent supportive
housing communities.

Work with the medical community,
including CHOMP, the County, the
Central California Alliance for Health and
other providers to support case
management and other tenancy support
funding in new supportive housing
communities. Studies have shown that
stable housing results in better health
outcomes and that less than 10% of the
population uses a disproportionate
amount of health care resources (“Super
Utilizers”). By providing those Super
Utilizers who are unstably house (or
homeless) with stable housing, hospitals
and providers can save money overall.

Encourage and facilitate integration of
data between homeless service
providers, medical service providers and
the criminal justice system to implement
more effective discharge planning for
patients and inmates.

Provide capacity grants and support for
fledgling organizations
Future program
Goal g. Provide adequate sites to build new
housing units for all income levels and to
meet the City’s fair share of housing needs
for 2015-2023.

Completed
Policy g.1. Meet the Association of Monterey
Bay Area Governments (AMBAG) Fair Share
of regional housing needs for 2015-2023.

Ongoing. This policy will not be fulfilled due
to lack of water supply.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 47, Packet Page 150 Program g.1.1. Retain the zoning capacity to
meet the AMBAG fair share housing goal
between January 1, 2015, and July 30, 2023.

Retain the opportunity to construct the
remaining fair-share requirement of 157 very
low-, 102 low-, 119 moderate-, and 272
above moderate-income housing units with
excess zoning capacity for housing in mixeduse areas, apartments in commercial zones, and apartments in R-3 zones.

Completed
Zoning retained.

Program g.1.2. Encourage exceptional
design and innovative solutions for housing
style, through the implementation of the
Downtown and North Fremont specific plans.

The City will soon adopt a specific plan for
the Lighthouse area, another mixeduse/transit- oriented development neighborhood.

Ongoing implementation.

All specific plans have been adopted,
including Lighthouse Avenue.

Program g.1.3. The City will actively support
the redevelopment of underutilized mixed-use
sites to meet the City’s RHNA allocation and
to provide additional affordable housing
opportunities throughout the City near transit
stops, jobs, and services. The City will assist
in the development of these underutilized
sites by offering the following assistance:

The City will post a listing of underutilized
sites on the City’s website and provide
this list of sites to developers interested in
developing mixed-use projects in the City.

The City will, where appropriate and when
funds are available, assist with the
development of affordable housing
projects on these underutilized sites.

The City will also provide technical
assistance with applying for additional
funding to construct an affordable mixeduse project on an underutilized site.

The City will provide flexibility in
development standards on the
construction of an affordable housing
project on an underutilized site including
but not limited to reduced setback
requirements and reduced parking
requirements on a case-by-case basis.

Ongoing.

Underutilized site list provided on City
website.

City has issued an RFP for 100% affordable
housing developments on City owned sites.

Multiple proposals have been received and
are under consideration.

City consistently provides technical
assistance to developers.

Zoning flexibility provided with updated
Density Bonus Ordinance.

Goal h. Provide housing that specifically
meets the needs of the Monterey workforce.

Background information
Policy h.1. Design a program with Monterey
employers to pool resources to develop
workforce housing.

Future program

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 48, Packet Page 151 Program h.1.1. Encourage workforce
housing programs for major Monterey
employers, utilizing land and other resources
available to those employers that could be
devoted to workforce housing. Develop a
program where land costs are removed or
reduced as a cost of housing. Provide both
owner and renter housing with a requirement
for permanent cost reductions.

City has issued an RFP for 100% affordable
housing developments on City owned sites.

Multiple proposals have been received and
are under consideration. Employers will be
encouraged to work with nonprofits to
develop a 100% affordable housing project.

Program h.1.2. Encourage workforce
housing programs by the City of Monterey for
Monterey City employees.

Future program
Program h.1.3. Utilize zoning tools such as
Planned Unit Developments and Planned
Community Zoning to provide flexibility in
designing infill housing on larger
development sites.

Ongoing implementation. Zoning Code
allows this flexibility.

Goal i. Provide incentives for affordable
housing, workforce housing, and ownership
housing to meet the unique needs identified
in the Housing Element. Provide incentives to
complement the inclusionary housing
program, with a particular goal of maintaining
inclusionary housing in perpetuity and
increasing the percentage of affordable units.

Parking adjustment incentives should not
impact residential neighborhoods.

City amended the Density Bonus Ordinance
to provide additional incentives.

Policy i.1. Provide incentives to meet the
City’s unique housing needs in excess of the
requirements in the inclusionary housing
ordinance.

City amended the Density Bonus Ordinance
to provide additional incentives.

Program i.1.1. Continue to encourage
mixed-use/transit-oriented projects in the
specific plan areas that include affordable
units by offering height and parking
exceptions to affordable housing projects.

City amended the Density Bonus Ordinance
to provide additional incentives.

Program i.1.2. Continue to allow density
bonuses, as appropriate. Amend the zoning
ordinance to state that:

Density bonuses of up to 35 percent may
be allowed for projects that exceed City
inclusionary housing percentages or the
state-mandated criteria for low-income,
moderate-income, and special-needs
housing; and
Projects that receive density bonuses
shall maintain affordability for the life of
the project.

Completed
Program i.1.3. If new water is available for
future allocation, the City shall give
Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 49, Packet Page 152 preference to projects meeting fair-share
housing goals.

Program i.1.4. Develop alternatives for longterm water supply both within and outside the framework of the Water Management District
and the California American Water Company.

City has actively participated in a regional
water supply project. Water supply has yet to
be secured.

Program i.1.5. The City is committed to
ensuring that there is enough water to meet
the needs of all new residential units within
the 2015-2023 RHNA period. California
American Water (CalAm) is moving forward
with its Monterey Peninsula Water Supply
Project (MPWSP) consisting of slant intake
wells, a desalination plant and related
facilities.

City has actively participated in a regional
water supply project. Water supply has yet to
be secured.

Program i.1.6. The City will continue to
explore alternatives other than density bonus
allowed in state law (Section 65915) to meet
affordable housing goals.

Progress continues.

City rezoned industrial properties to allow
multi-family housing development.

Program i.1.7. The City will deliver the
adopted housing element update to water
and sewer service providers within a month
after adoption. When submitting copies of
housing elements to service providers the
City will include a summary / quantification of
the local government’s regional housing need
allocation and any other appropriate housing
information.

Completed
Policy i.2. Continue the City’s Inclusionary
Housing program to provide affordable
housing throughout Monterey.

Progress continues.

Program i.2.1. Continue to provide a
minimum of 20 percent permanently
affordable low- and moderate-income units
for any project with six or more new housing
units or for condominium conversion. The
City will also explore means and methods to
provide incentives to include inclusionary
units in new apartment construction.

Residential projects are encouraged to satisfy
the requirement by providing a minimum of
20 percent inclusionary housing units on-site.

Progress continues.

City ordinance requires inclusionary housing
and City continues to implement.

Program i.2.2. Investigate a community
housing trust to meet the need for workforce
housing and other housing needs.

Future program
Goal j. The City will continue to promote
sustainability and energy efficiency in
residential development to lower energy use
through energy-efficient urban design and
Background information

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 50, Packet Page 153 through better design and construction in
individual projects.

Policy j.1. Implement state energy and green
building and conservation standards
Implemented consistently as part of building
permits.

Program j.1.1. Encourage Transit Priority
Projects, site designs, and use of building
materials that promote energy efficiency.

Progress continues.

All Specific Plans encourage transit priority
projects.

Transit oriented projects are being proposed.

Conservation Element
Goal b.1. Protect creeks, lakes, wetlands,
beaches, and Monterey Bay from pollutants
discharged to the storm drain system.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Policy b.1. Continue public education and
outreach programs to eliminate use of storm
drains for dumping hazardous or inappropriate
wastes, such as used motor oil.

City works collaboratively with Monterey
One Water on regional public outreach
campaigns.

Policy b.2. Minimize particulate matter
pollution with erosion and sediment control in
waterways and on construction sites and with
regular street sweeping on City streets.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Policy b.3. Minimize development or removal
of vegetation on areas particularly susceptible
to erosion, such as steep slopes, and require
programs to minimize erosion when
development occurs in these areas.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality and
minimize erosion. All projects are reviewed
for consistency.

Policy b.4. Retain and restore wetlands,
riparian areas, and other habitats, which
provide remediation for degraded water
quality.

Background Information – Proposals
reviewed for consistency as proposed.

City ordinances contain extensive
protections to maintain water quality. All
projects are reviewed for consistency.

Goal c. Reduce fixed source and
transportation-based air pollution.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.1. Reduce air pollution generated by
motor vehicles by encouraging the use of
public transit, car-pooling, bicycles, and
walking as alternatives. Policies to achieve
these goals are found in the Circulation
Element.

Background Information – Proposals
reviewed for consistency as proposed.

City adopted Move Monterey Plan , writes
grants and implements as funding available.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 51, Packet Page 154 Policy c.2. Consider air quality impacts
resulting from proximity of residential,
commercial and industrial development in the
City's development review process, primarily
the California Environmental Quality Act.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.3. Promote cooperation with local
and State agencies to develop programs to
reduce sources of air pollution.

Background Information – Proposals
reviewed for consistency as proposed.

City worked with multiple cities to create
Central Coast Community Energy that
sources the region’s energy supply from
renewable sources. This program
dramatically reduces air pollution.

Goal d. Protect the character and
composition of existing native vegetative
communities. Conserve, manage, and restore
habitats for endangered species, and protect
biological diversity represented by specialstatus plant and wildlife species.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.1. Protect existing native plants and
promote the use of locally occurring, native
vegetation for public and private landscaping
and revegetation efforts.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.1.1. Develop a public
education program promoting the use of
native plants and addressing major plant
diseases. The materials shall include a list of
recommended species for planting and the
California Exotic Pest Plant list, and shall
address prevention and management
strategies for vegetation pathogens such as
pitch canker and sudden oak disease.

Background Information – Proposals
reviewed for consistency as proposed.

The City maintains a list of native plants and
plant diseases.

Policy d.2. Discourage the use of plant
species on the California Exotic Pest Plant
Council lists.

Background Information – Proposals
reviewed for consistency as proposed.

The City maintains a list of native plants and
plant diseases.

Policy d.3 Protect existing sensitive habitats
by careful planning to avoid and/or mitigate
significant impacts to habitat areas identified
as having high and moderate biological
values.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.4. Protect and manage habitats that
support special-status species, are of high
biological diversity, or are unusual or
regionally restricted. Prepare biotic reports or
habitat management plans as needed to
ensure protection of habitat values.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.5. Reduce biotic impacts to a lessthan-significant level on project sites by Background Information – Proposals reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 52, Packet Page 155 ensuring that mitigation measures identified in
biotic reports are incorporated as conditions of
approval for development projects.

Compliance with the City Tree Ordinance is
the mechanism that will be used to address
impacts of tree removals. As mitigation for
significant impacts, avoidance, replacement,
restoration of habitats on- or off-site, or other
measures may be required.

The City Tree Ordinance is utilized
frequently as a mechanism to address tree
removals.

Policy d.6. Within identified habitat areas with
high biological value, the City will provide for a
focused evaluation of areas identified as
appropriate habitat for special-status species
during the project review and approval
process.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.6.1. Prepare a Monterey Pine
Management Plan for the Monterey pine forest
existing in the City. The goal of this plan is to
prevent further genetic contamination and
preserve the health and viability of the forest.

Future project
Program d.6.2. Prepare a Dune and Beach
Restoration and Management Plan. This plan
will provide a long-term strategy to retain or
improve the condition of this resource within
the dunes and beaches.

Future project
Program d.6.3. Prepare a Riparian and
Stream Corridor Restoration and Management
Plan. The plan should coordinate efforts
between the various government agencies
and property owners.

Future project
Program d.6.4. Consider developing a
habitat impact mitigation fee to restore highvalue biological areas.

The City’s Tree Ordinance includes a
mitigation fee option.

Program d.6.5. Provide information to the
public about special-status species and the
habitats that support them.

Future project
Program d.6.6. Proceed with Master Plan for
Ed Ricketts Underwater Park.

Future project
Goal e. Encourage the effective and efficient
use of energy in all its critical forms by public
and private users alike.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Policy e.1. Encourage energy sources, which
provide part or all of the energy needed for
buildings.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

The City installed solar on the City
Conference Center.

Program e.1.1. Consider aesthetically
compatible independent energy sources in
new public and private buildings.

The City does not review the design of solar
systems in compliance with State Law.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 53, Packet Page 156 Program e.1.2. Encourage energy retrofitting
in existing residential and commercial
structures.

PG&E offers periodically offers retrofit
programs. The City supports this effort.

Policy e.2. Educate the public about energy
conservation.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education programs.

Program e.2.1. Support public education
activities that dramatize cost-saving benefits of
energy conservation to local consumers.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education programs.

Program e.2.2. Encourage the hotel, motel,
and restaurant associations to maintain an
energy conservation program on a continual
basis.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Central Coast Community Energy has
developed extensive education and
conservation programs.

Policy e.3. Work with other local, state and
federal agencies, public utilities and
community organizations to implement energy
conservation and longer-range renewable
energy development programs.

The City of Monterey joined Central Coast
Community Energy that sources all electrical
use from sustainable sources.

Open Space Element
Goal a. Preserve the Monterey Bay as the
City’s most significant natural resource.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Support industries that contribute
to the appreciation of the Monterey Bay’s
resources, including, but not limited to, the
commercial fishing industry and research
activities, and tourism.

Background Information.

The City Council circulated a Request for
Proposals to lease warehouse space to
commercial fishing processing companies.

Some leases have been signed and other
leases are nearing signature.

This has been a significant work effort.

Policy a.2. Protect the marine habitats of
Monterey Bay in cooperation with State and
Federal agencies.

Background Information – Proposals
reviewed for consistency as proposed.

Habitats have been preserved.

Policy a.3. Protect the views into Monterey
Bay.

Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 54, Packet Page 157 Views have been preserved.

Goal b. Recognize the importance of the
shoreline and beaches in providing access to
the Monterey Bay as well as preserving
specific areas for habitat conservation.

Background Information – Proposals
reviewed for consistency as proposed.

Beach access has been preserved and is
extensive.

Policy b.1. Maintain the City shoreline and
beaches for recreation use and support
facilities.

Background Information – Proposals
reviewed for consistency as proposed.

Shoreline and beaches have been
maintained for recreation use and support
facilities.

Policy b.2. Preserve the City’s active use
areas adjacent to the Monterey Bay,
including, but not limited to, the wharves,
boat access facilities, and piers.

Background Information – Proposals
reviewed for consistency as proposed.

Wharves, boat access and piers have been
preserved and maintained.

Policy b.3. Support Navy and other efforts to
restore the dunes adjacent to Del Monte
Avenue for habitat conservation purposes,
including the Navy property east of Sloat
Avenue.

City has supported the Navy’s efforts as they
continue to work on dune restoration.

Policy b.4. Protect views of the Monterey
Bay from Monterey Bay and Shoreline Parks.

Background Information – Proposals
reviewed for consistency as proposed.

Views have been protected.

Goal c. Preserve greenbelts to ensure an
overall visual impression of open space on
the hillsides above Monterey, between
neighborhoods and along major
transportation corridors.

Background Information – Proposals
reviewed for consistency as proposed.

Greenbelts have been preserved.

Policy c.1. Maintain greenbelts as open
space.

Background Information – Proposals
reviewed for consistency as proposed.

Greenbelts have been maintained.

Policy c.2. Coordinate with the County to
preserve greenbelts, which form the
backdrop of Monterey.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.3. Work with the County and others
to preserve Monterey Pines where possible.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Tree Ordinance provides extensive
tree protection for properties within the City.

Goal d. Preserve and improve lakes and
waterways as important visual, habitat, flood
protection, and recreation resources.

Background Information – Proposals
reviewed for consistency as proposed.

Lakes and waterways have been preserved.

Policy d.1. Continue to preserve Lake El
Estero, Del Monte Lake, Roberts Lake,
Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 55, Packet Page 158 Laguna Grande, Washerwoman’s Pond, and
Lagunita Mirada as visual open space
features.

Waterbodies have been preserved.

Policy d.2. Recognize that Del Monte Lake is
a key entrance feature into the City of
Monterey and work with U.S. Naval
Postgraduate School to remove physical and
visual barriers to the lake.

Background Information – Proposals
reviewed for consistency as proposed.

Many years ago, the Naval Post Graduate
School upgraded the fence around the school
to improve visual access. This policy has
been achieved.

Policy d.3. Maintain the lakes and waterways
as flood control features for the City.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Public Works Division continues to
maintain the City’s lakes, waterways and
flood control features.

Policy d.4. Protect native plants, animals,
and native habitats in Lake El Estero, Del
Monte Lake, and Laguna Grande.

Background Information – Proposals
reviewed for consistency as proposed.

City’s Parks Division protects the native
plants, animals and habitats around these
waterbodies.

Policy d.5. Continue to support and enhance
the public use of the City's lakes. Manage
non-native wildlife such as Canadian Geese.

Background Information – Proposals
reviewed for consistency as proposed.

City’s Parks Division maintains public use of
the City’s lakes.

Policy d.6. Continue to allow active
recreational use of the lakes.

Background Information – Proposals
reviewed for consistency as proposed.

The City has approved a concessionaire to
offer swan rides around Lake El Estero.

City Parks contain active uses around Lake
El Estero and Laguna Grande Lake, such as
playgrounds and other amenities.

Policy d.7. Work with the City of Seaside to
preserve and enhance Roberts Lake and
Laguna Grande.

The City has worked with the City of Seaside
and Monterey Peninsula Regional Parks
District to reinvigorate the Joint Powers
Authority to improve Laguna Grande Park.

The City anticipates an updated plan to be
adopted in 2023.

Goal e. Ensure streams continue to function
as natural flood control channels and habitat
for native plants and animals.

Background Information – Proposals
reviewed for consistency as proposed.

Streams have been maintained.

Policy e.1. Maintain the City's streams by
controlling erosion.

Background Information – Proposals
reviewed for consistency as proposed.

Streams have been maintained.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 56, Packet Page 159 Policy e.2. Restore vegetation adjacent to
streams with native plants to ensure a
balanced ecosystem (which may include
removal of non-native species).

Background Information – Proposals
reviewed for consistency as proposed.

No new projects proposed.

Policy e.3. Encourage pedestrian access
along streams where appropriate.

Background Information – Proposals
reviewed for consistency as proposed.

No new projects proposed.

Goal f. Maintain and enhance the park
system for City residents and visitors.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.1. Maintain the Parks and
Recreation Master Plan to outline the City’s
current and future priorities.

Background Information – Proposals
reviewed for consistency as proposed.

The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.2. Acquire and retain land for current
and future parks and recreation open space
to serve residents’ needs.

The City acquired the Old Capitol Site in
2019.

Policy f.3. Plan, acquire, design, develop,
and maintain areas and facilities to meet the
leisure and aesthetic needs of the residents
of the City.

The City acquired the Old Capitol Site in
2019.

The City’s Parks Division does an excellent
job of maintaining the City’s parks.

Policy f.4. Provide a wide variety of quality
leisure activity opportunities for all residents
of the City.

The City’s Recreation Department offers a
wide variety of programs.

Policy f.5. Be flexible in providing for special
needs as dictated by current trends and
changing interests of the citizens of
Monterey.

The City’s Recreation Department offers a
wide variety of programs.

Policy f.6. Provide ongoing efficient and
effective design, development, renovation,
and management of visually aesthetic and
functional park areas and facilities.

The City’s Recreation Department provides
ongoing, professional management of park
areas and facilities.

Policy f.7. Coordinate public and private
agencies and community groups in the
planning and development of park and
recreation programs and facilities.

The City’s Recreation Department
coordinates public and private agencies and
community groups in the planning and
development of park and recreation programs
and facilities.

Policy f.8. Maintain our parks in excellent
condition.

The City parks are maintained in excellent
condition.

Goal g. Connect existing and future open
spaces.

Future project
Policy g.1. Create a trail plan to link existing
open spaces and pedestrian areas with trails
for public use.

Future project

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 57, Packet Page 160 Policy g.2. Link open spaces to provide
habitat protection.

Future project
Safety Element
Goal a. Evaluate seismic safety when
reviewing development applications and land
uses.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Potentially active faults should be
treated the same as active faults until
detailed geotechnical data is submitted
demonstrating to the City’s satisfaction that a
fault is not active.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Engineering and geologic
investigations should be undertaken for
proposed projects within high and moderate
seismic hazard zones before approval is
given by the City. The entire City is currently
within seismic hazard zone IV and these
studies are required for almost all new
construction except very minor additions.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.3. Lands within 660’ of identified
faults should be treated as having high
seismic hazard until an acceptable
geotechnical investigation indicates they
should be treated otherwise.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.4. Structures for human occupancy
and critical facilities should be set back a safe
distance (as determined by geotechnical
analysis) from precisely located active and
potentially active faults.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.5. Consider combining hazard areas
with other areas not suitable for development
and incorporating them into an open space
system for public enjoyment.

Future project
Policy a.6. Continue seismic retrofit of
unreinforced masonry buildings.

Seismic retrofits completed with the
exception of several adobe structures.

Future project
Policy a.7. Investigate, provide, and improve
alternative routes for access to the
Community Hospital of the Monterey
Peninsula.

Access to Community Hospital of the
Monterey Peninsula was improved with the
completion of the Highway 68 and Highway 1
roundabout.

A project was approved to provide increased
parking for the employees at a site adjacent
to the hospital that should improve access.

Goal b. Minimize landslide hazards by
locating development away from steep slopes
and by requiring excellent grading practices.

Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 58, Packet Page 161 Policy b.1.

A) Prohibit development on slopes over
25% on new lots that are created to
provide new building sites.

B) Prohibit new development on slopes
over 25% grade on existing lots of
record and only allow minimal
encroachment into 25% or greater
slope as determined by the Planning
Commission. Discourage and only
consider such development when it is
designed and located to minimize
impacts to adjoining property and
public right-of-way that could occur
due to inadequate grading and
drainage control, visual appearance
and removal of trees and vegetation.

The Planning Commission shall
determine that the amount and
location of 25% slope area so
severely restricts the development
potential of the lot that prohibiting
development on 25% slope deprives
such property of privileges enjoyed by
other similar property that an
exception to this prohibition is
warranted.

C) Development is prohibited within
active landslide areas unless proven
safe or desirable to the City’s
satisfaction.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.2. Minimize grading in hillside areas. Background Information – Proposals reviewed for consistency as proposed.

Program b.2.1. Limit permits for major
grading operations until development plans
have been approved by the City and
improvement bonds have been posted.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.2.2. Permit grading operations
only in areas scheduled for immediate
construction or paving.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.3. Minimize cutting and removal of
vegetation during grading operations.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.4. Require developers to submit
slope stabilization plans along with any
required grading plans. These slope
stabilization plans shall include a complete
description of the existing vegetation, the
Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 59, Packet Page 162 vegetation to be removed and the method of
its disposal, the vegetation to be planted, and
slope stabilization measures.

Policy b.5. Plant and protect all
manufactured slopes, other than those
constructed in rock, from the effects of storm
runoff erosion within 30 days of the
completion of final grading.

Background Information – Proposals
reviewed for consistency as proposed.

Policy b.6. Provide drainage and soil
protection for all exposed soil and partially
completed roads between October 15 and
April 15.

Background Information – Proposals
reviewed for consistency as proposed.

Goal c. Protect against flood hazards from
the bay, lakes, and streams.

The City is continuing to study the impact
from sea level rise on our community. The
City completed a Transportation Adaptation
Study for Del Monte Avenue.

Policy c.1. Consider and mitigate the
potential hazards from storm waves, tsunami,
high tidal conditions and flooding for projects
along the bay shoreline.

Background Information – Proposals
reviewed for consistency as proposed.

Program c.1.a. Review all development
proposals planned for areas within a 100-
year flood hazard zone consistent with FEMA
National Flood Insurance Program (NFIP)
standards. Development proposed within
these areas must be mitigated as needed to
ensure conformance with NFIP standards.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.2. Design storm drainage systems
to accommodate projected uses before those
uses are developed.

Background Information – Proposals
reviewed for consistency as proposed.

The City is continuing to study the impact
from sea level rise on our community. The
City completed a Transportation Adaptation
Study for Del Monte Avenue.

Policy c.3. Protect and maintain drainage
channels to keep them clear of silt and debris
while protecting habitat as much as possible.

The City’s Public Works Department
maintains the City’s drainage channels.

Policy c.4. Design projects to: (1) maximize
the amount of natural drainage that can be
percolated into the soil, and (2) minimize
direct overland runoff onto adjoining
properties, water courses, and streets. This
approach to handling stormwater reduces the
need for costly storm drainage
improvements, which are often miles
downstream. Building coverage and paved
surfaces must be minimized and incorporated
within a system of porous pavements,
ponding areas, and siltation basins.

Background Information – Proposals
reviewed for consistency as proposed.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 60, Packet Page 163 Goal d. Minimize the loss of life and property
from fire.

The City has undertaken extensive greenbelt
maintenance.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

Policy d.1. Achieve the greatest practical
level of built-in fire protection to confine fires.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

Policy d.2. Achieve effective emergency
access to all developments, installations, and
fire protection equipment for emergency
apparatus and for evacuation.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.1. Discourage all dead end
roads and cul-de-sacs longer than 700 feet.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.2. Encourage alternative
second access roads as emergency access
for roads greater than 700 feet in length.

Background Information – Proposals
reviewed for consistency as proposed.

Program d.2.3. Locate all installations or
processes considered hazardous in the
safest possible areas or on individual parcels.

Background Information – Proposals
reviewed for consistency as proposed.

The Fire Department regularly inspects sites
that store hazardous materials.

Program d.2.4. In hazardous fire areas,
require fire retardant roofing and access to
steep lots, and consider brush clearance and
planting of non-flammable vegetation.

The City’s Municipal Code contains extensive
fire protection measures for new or
significantly remodeled structures.

Policy d.3. Maintain a cost-effective, high
level of fire protection service.

The City has established a regional fire
protection agency. This effort has improved
the cost-effectiveness of fire protection by
having one administrative function for all fire
services.

Policy d.4. Continue to work with fire
protection agencies that provide fire service
to unincorporated areas through mutual aid.

Encourage those areas that desire fire
protection services which are beyond
“outside legitimate mutual aid” to annex to the
City of Monterey for fire protection services
instead of using contractual or automatic aid
agreements.

The City has established a regional fire
protection agency.

Policy d.5. Cooperate with fire protection
agencies to obtain and maintain mutual aid
agreements that will augment the City’s fire
protection services. Continue mutual aid with
the California Department of Forestry that
obtain adequate aid for larger, open-range
type fires involving brush, trees and grass
The City has established a regional fire
protection agency.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 61, Packet Page 164 that require specialized tactics and
equipment.

Policy d.6. Work with Cal-Am to ensure
adequate water pressure for fire fighting.

Background Information – Proposals
reviewed for consistency as proposed.

Goal e. Maximize aviation safety on and
adjacent to the Monterey Airport.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy e.1. Support safety improvements to
the Monterey Peninsula Airport and adjacent
areas.

The City has historically supported safety
improvements such as the runway extension
program.

Program e.1.1. Review proposed buildings to
ensure compliance with Federal Aviation
Regulations, Part 77, Objects Affecting
Navigable Airspace.

Background Information – Proposals
reviewed for consistency as proposed.

Policy e.2. Continue to work with the airport
district through a fire mutual aid agreement.

The City has established a regional fire
protection agency.

The City also provides contracts fire services
for the airport.

Policy e.3. Require clean up of groundwater
contamination from Airport properties.

This project has been completed.

Policy e.4. In collaboration with the Monterey
Peninsula Airport District, review projects that
may pose risks to the safe operation of the
Monterey Peninsula Airport and mitigate such
impacts through the development review
process.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy e.5. Develop airport compatibility
policies.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy e.6. Promote compatible land uses
around the airport consistent with the airport
safety zones.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Goal f. Maintain a high level of police
protection in keeping with the City’s needs.

Adequate police services has been an
ongoing Council discussion. The City
Council has created an incentive program to
hire police officers.

Policy f.1. Encourage project designers to
provide adequate sight lines into residential
areas often susceptible to criminal activity
while maintaining a high aesthetic quality and
neighborhood compatibility.

Background Information – Proposals
reviewed for consistency as proposed.

Policy f.2. Encourage occupants in
residential areas to organize Neighborhood
Future program

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 62, Packet Page 165 Watches to prevent crimes against
neighbors, and to institute rapid reporting
procedures.

Policy f.3. Continue to cooperate and
coordinate with county and state agencies in
providing police services within the
community.

Ongoing
Goal h. Ensure prompt and effective services
to cope with local emergencies.

Adequate fire and police services has been
an ongoing Council discussion. Substantial
progress has been made by creating a
regional fire agency and hiring adequate
police staff.

Policy h.1. Continue to provide high quality
fire, police, and emergency medical services.

Adequate fire and police services has been
an ongoing Council discussion. Substantial
progress has been made by creating a
regional fire agency and hiring adequate
police staff.

Policy h.2. Continue to develop emergency
plans to respond to large-scale natural or
man-made disasters, such as fires,
earthquakes, floods, nuclear attack, terrorist
attack, or releases of hazardous materials.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

Policy h.3. Continue emergency planning
and preparation in cooperation with Monterey
County, neighboring cities, and other
agencies.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

Policy h.4. Work with the Presidio of
Monterey to allow emergency access through
the Presidio. This access should include both
emergency vehicles and resident evacuation.

The City and Presidio of Monterey hosted a
joint emergency access exercise through the
Presidio.

Policy h.5. Continue to work with Monterey
citizens in the Community Emergency
Response Team (CERT) program to maintain
citizen readiness in an emergency.

The City has an active CERT program.

Policy h.6. Maintain community evacuation
shelter and emergency plans.

The City is working cooperatively with
Monterey County on an updated Hazard
Mitigation Plan.

Noise Element
Goal a. Minimize traffic noise in
predominantly residential areas and ensure
noise in commercial areas is at an acceptable
level.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Limit truck traffic to local delivery.

Pacific Grove truck traffic should be assigned
to Holman Highway (Highway 68).

Truck routes have been established.

Policy a.2. Route trucks and through traffic
onto truck routes, even where such routing is
not the shortest distance between points.

Truck routes have been established.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 63, Packet Page 166 Program a.2.1 Implement traffic calming
measures in neighborhoods.

The City supports projects as submitted
through the Neighborhood Improvement
Program.

Policy a.3. Re-evaluate City traffic flow
systems periodically to determine whether
traffic flows can be adjusted through
synchronized signalization or other means to
minimize traffic stops.

The City’s Traffic Division has synchronized
signals along Lighthouse Avenue.

Policy a.4. Cooperate with the California
Highway Patrol in the active enforcement of
state motor vehicle noise standards. Active
enforcement of state motor vehicle noise
standards (especially altered or illegal
mufflers) can keep these contributors to the
noise problem under control. The City
enforces state motor vehicle noise standards
on City streets and the Highway Patrol
enforces these standards on state highways.

Ongoing
Policy a.5. Protect areas adjacent to
roadways and freeways with landscaped
noise buffers or other means; sound walls
should not be allowed.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.6. Develop and encourage the use
of non-automobile travel modes such as
bicycle, pedestrian and transit alternatives.

The City has developed a Monterey on the
Move Plan. The City has prepared grants,
implements and constructs improvements as
funding is available.

Program a.6.1. Give implementation of the
citywide bikeway system a high priority in the
City’s capital funding.

The City has developed a Move Monterey
Plan. The City has prepared grants,
implements and constructs improvements as
funding is available.

Program a.6.2. Design separated bikeway
and pedestrian systems into all new
roadways and major improvements of
existing roadways where feasible and in
conformance with the City General Plan, area
plans, Parks Master Plan, and Bicycle Master
Plan.

The City has developed a Move Monterey
Plan. The City has prepared grants,
implements and constructs improvements as
funding is available.

Policy b.1. Support improvements and
operational changes at the airport that
promote safety and noise reduction.

Ongoing.

The City continues to provide input on airport
planning documents.

Policy b.2. Work with the Airport District,
Airport Land Use Commission, and
surrounding cities in planning for appropriate
land uses around the airport and developing
solutions to existing noise problems.

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Policy b.3. Continue to encourage the airport
to limit aircraft noise between the hours of 11
p.m. and 7 a.m.

Ongoing
The City continues to provide input on airport
planning documents.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 64, Packet Page 167 Policy b.4. Support limiting the number of
fixed-base general aviation aircraft at the
airport to the existing number.

Ongoing
The City continues to provide input on airport
planning documents.

Policy b.5. Implement the following land use
standards for properties that are exposed to
noise levels in excess of 60 CNEL (Table 8).

The Monterey County Airport Land Use
Commission has adopted a new
Comprehensive Land Use Plan.

Developments are being reviewed for
consistency with this plan.

Goal c. Encourage quiet neighborhoods. Background Information – Proposals reviewed for consistency as proposed.

Goal d. Allow new construction only where
existing or projected noise levels are
acceptable or can mitigated.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.1 The City can require noise
mitigations to reduce interior noise levels to
an acceptable level. Table 8 establishes the
land use compatibility standards for new
development.

Background Information – Proposals
reviewed for consistency as proposed.

Policy d.2. Limit hours of noise generating
construction activities. Include this
requirement as a condition of project
approval.

Background Information – Proposals
reviewed for consistency as proposed.

Economic Element
Goal a. Maintain and encourage a strong
economic base which will provide tax income
for City services, jobs for Monterey residents,
and services for residents and visitors.

Encourage civic and business decisions
which provide taxes to support City services
to residents and which provide employment
opportunities to residents.

Background information
Policy a.1. Provide a balance between the
economy, preservation of natural and historic
resources, and preservation of residential
areas and services.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Encourage visitor uses which are
based on Monterey’s natural setting and
history, rather than generic visitor uses
without a strong tie to Monterey’s unique
features.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.3. Explore ways to diversify the
Monterey economy to provide higher paying
jobs and a balance to cyclical elements of the
visitor economy.

Ongoing
Policy a.4. Encourage small businesses and
unique locally owned businesses.

Ongoing

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 65, Packet Page 168 Goal b. Expand the economy of Monterey by
building on existing strengths and
emphasizing the natural and historic features
of the City.

Ongoing
Policy b.1 Preserve and enhance Monterey’s
historic character and rich cultural traditions
as unique resources that cannot be
duplicated to differentiate Monterey from
other visitor destinations (see also the
Historic Preservation Element).

Ongoing
Program b.1.1. Complete the implementation
of the Historic Monterey Program between
the City of Monterey, Monterey History and
Art Association, and the State Historic Park to
improve historic promotion, education, and
preservation.

Future project
Program b.1.2. Encourage cultural tourism to
attract visitors who typically stay longer and
contribute more to the economy with each
visit.

Ongoing effort with Monterey County Visitors
and Convention Bureau
Policy b.2. Emphasize the natural setting as
the basis for an economy which serves both
residents and visitors.

Ongoing effort with Monterey County Visitors
and Convention Bureau
Program b.2.1. Promote waterfront-related
retail uses and recreational activities in Local
Coastal Programs and Specific plans
appropriate to the natural resources of each
segment of the waterfront as identified in the
Urban Design Element.

Waterfront Master Plan completed.

Policy b.3. Support those institutions and
events which have gained statewide,
national, and international recognition.

Ongoing
Program b.3.1. Support major institutions
located within Monterey, such as the
Monterey Bay Aquarium, the Monterey
Conference Center, the Naval Postgraduate
School, Defense Language Institute, and
Monterey Institute of International Studies.

Ongoing
Program b.3.2. Support and encourage
annual events which are located within the
City of Monterey and encourage a Monterey
component to extraordinary events which are
located in Monterey County.

The City created a special event program to
effectively manage events.

Policy b.4. Support and promote
educational and research institutions.

The City has worked extensively with
Middlebury Institute to promote the evolution
of the university. One example is the City
agreeing to close Pierce Street to create a
university center. Pierce
Street is now closed and creates additional
open space for students.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 66, Packet Page 169 Program b.4.1. Investigate ways to support
the Naval Postgraduate School and Defense
Language Institute so that they remain in the
City of Monterey, including provision of
services to support the operation of the
facilities.

The City provides extensive public works and
maintenance services for our military bases
to support our military partners.

In 2019, the City collaborated with our
partners to obtain a large grant to conduct a
Compatible Use Studyfor the military facilities
in the region. This study has started.

Program b.4.2. Coordinate with educational
institutions so that City services support
those institutions and so that the institutions
are aware of potential neighborhood impacts
from their operations.

Ongoing
Program b.4.3. Encourage educational
institutions and research facilities to locate in
Monterey.

Ongoing
Program b.4.4. Encourage institutions and
facilities promoting environmental- and
language-based education.

Ongoing
The City has worked extensively with
Middlebury Institute to promote the evolution
of the university. One example is the City
agreeing to close Pierce Street to create a
university center. Pierce
Street is now closed and creates additional
open space for students.

Policy b.5. Provide for orderly growth of the
visitor sector of the Monterey economy.

Ongoing
Program b.5.1. Encourage visitor uses to
include goods, services, and experiences that
are also attractive to residents, even if the
destination is primarily oriented to visitors.

Visitors enjoy destinations that are valued by
local residents.

Ongoing
Program b.5.2. Encourage added hotel
rooms within the limits of VAF zoning in order
to increase Transient Occupancy Tax
revenues.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.5.3. Encourage hotel owners to
upgrade their facilities.

Background Information – Proposals
reviewed for consistency as proposed.

Program b.5.4. Modernize and expand the
Monterey Conference Center to increase
year round group business.

Conference Center upgrade completed.

Policy b.6. The public transportation system
should be an added attraction to visitors and
should provide excellent connections among
activity areas for residents and visitors (see
also Circulation Element).

Monterey Salinas Transit completed the Jazz
line.

Goal c. Continue Monterey’s role as the
business and employment center of the
Monterey Peninsula.

Ongoing

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 67, Packet Page 170 Policy c.1. Support the downtown as the
“Monterey Peninsula’s Downtown” and the
core of the City. Coordinate planning for land
use, traffic, pedestrian access, and parking
facilities for the harbor, wharf, Catellus Site,
Custom House Plaza, Conference Center,
downtown, and east downtown areas so that
they contribute to an economically sound and
livable core for the City and Monterey
Peninsula.

Waterfront Master Plan and Downtown
Specific Plan completed.

Policy c.2. Provide for the orderly growth of
the retail sector.

Specific Plans were adopted for the City’s
commercial areas.

Program c.2.1. Support and retain existing
retail businesses with Business Improvement
Districts and Main Street programs where
locally established and with design
standards, improvement programs, and
façade programs where appropriate.

Specific Plans were adopted for the City’s
commercial areas.

Policy c.3. Support the visitor industry as
the primary economic base of the community.

Ongoing
Policy c.4. Support the military uses in the
community with essential public services.

Ongoing
Policy c.5. Encourage and support the
preservation of the Monterey fishing industry.

The City distributed a Request for Proposal to
lease the commercial warehouse for fish
processing uses. Some tenants have signed
long term leases and other spaces are still
being negotiated.

Policy c.6. Encourage measured and
orderly growth of Monterey
industrial/business park areas.

The City’s Zoning Ordinance contains a list of
uses to encourage orderly growth of
industrial/business park areas.

Policy c.7. Encourage small businesses and
locally owned business.

Ongoing
Policy c.8. Support existing and future
educational and research institutions.

Ongoing
Policy c.9. Encourage expansion of cultural
and performing arts, including possible use of
the State Theatre as a performing arts facility
and other venues for the arts.

The Golden State Theater was acquired by a
private party and events are hosted.

Policy c.10. Promote festivals as a support
for commercial areas.

The City regularly promotes festivals through
its website and social media.

Policy c.11. Provide support for the health
care providers, including hospitals and
private practice offices.

The City has processed several development
applications for the health care industry.

Policy c.12. Encourage activities for children
such as Dennis the Menace Park and MY
Children’s Museum.

Due to COVID, many programs were
suspended to protect health and safety;
services are being slowly reintroduced.

Typically, the City’s Recreation Department
supports multiple children activities.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 68, Packet Page 171 Policy c.13. Support language uses and
Monterey as the Language Capitol of the
World.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.14. Support environmental and
scientific research such as marine,
meteorological and oceanographic research.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.15. Support major employers.

Encourage growth of these employers within
the City and actively work to retain them
within the City.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.16. Support the unique role of each
business area within the City.

Background Information – Proposals
reviewed for consistency as proposed.

Policy c.17. Support public schools as a
community resource and as a primary factor
which attracts employers to the community.

The City continues to support public schools.

Goal d. Encourage housing, including mixed
use housing to meet the needs of business
(see Housing Element).

Specific Plans adopted for the City’s mixed
use areas to encourage housing.

Goal e. Continue to provide exceptional
public safety to assure that visitors and
residents are not discouraged from visiting or
shopping in Monterey (see Safety Element).

The City Council has established public
safety as a high priority and has staffed
accordingly.

Social Element
Goal a. Provide a comprehensive network of
services to meet the needs of families.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.1. Preserve existing and encourage
development of new family housing in
Monterey as outlined in the Housing Element.

Background Information – Proposals
reviewed for consistency as proposed.

Policy a.2. Maintain affordable supportive
services such as family counseling and day
care.

Background Information – Proposals
reviewed for consistency as proposed.

Program a.2.1. Encourage development of
private day-care homes.

City zoning regulations allow private day-care
homes.

Program a.2.2. Encourage and facilitate the
creation of high-quality state-licensed daycare facilities.

City zoning regulations allow private day-care
homes.

Fire Department conducts regular inspections
of larger day care facilities.

Program a.2.3. Encourage day-care
programs that can accommodate children
with health care needs.

City zoning regulations allow private day-care
homes.

Program a.2.4. Continue to support
counseling and other youth services.

Ongoing
Policy a.3. Encourage public and private
agencies to provide community service and
recreational opportunities that enable young
people to make constructive use of their
leisure time.

Due to COVID, many programs have been
limited to protect health and safety. Typically,
the City Recreation Department provides
extensive programming and services.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 69, Packet Page 172 Policy a.4. Identify and support efforts to
create a transportation network that can
support children.

Future program
Goal b. Continue existing programs and
encourage development of new programs
that meet the basic needs of elderly
residents, including those on fixed income
(e.g., food, transportation, recreation, and
housing).

Due to COVID, many programs have been
limited to protect health and safety. Typically,
the City of Monterey has an extensive
program provided for seniors at Scholze
Senior Center.

Policy b.1. Encourage development of
various types of housing for seniors, including
retirement housing and care facilities.

Ongoing
Policy b.2. Support the development of
medical programs and facilities to meet the
growing needs for medical care as the City’s
population ages.

Ongoing
The City has reviewed and approved several
medical facilities.

Policy b.3. Support and expand services for
seniors, including volunteer and recreational
opportunities, library, cultural, and
educational services.

Due to COVID, many programs have been
limited to protect health and safety. Typically,
the City of Monterey has an extensive
program provided for seniors at Scholze
Senior Center.

Policy b.4. Support and expand
transportation services for seniors such as
taxi vouchers and MST Rides.

City provides taxi vouchers for seniors. City
also supports MST Rides program.

Policy b.5. Encourage services to help
seniors stay in their own homes and
independent, such as adult day care, public
transportation, and Mr. Fixit home
improvement funds.

City provides a Mr. Fix It Program to help
seniors stay in their home.

Policy b.6. Encourage reduced City fees and
the development of private sector discounts
for lower income seniors.

Future Program
Goal c. Continue to provide programs for
special need households.

The City Recreation Department provides
extensive programming and services.

Policy c.1. Help meet the recreational needs
of the disabled.

The City Recreation Department provides
extensive programming and services.

Policy c.2. Support transportation services
for persons with special needs.

MST Rides program provides transportation
services for people with special needs.

Program c.2.1. Continue to support the
specialized transportation program for the
disabled such as taxi vouchers and the MST
Rides program.

City continues to support this program.

Policy c.3. Encourage the coordination of
services of all public and private
transportation providers.

Ongoing
Policy c.4. Support public and nonprofit
agencies that assist homeless persons to find
long-term shelter and employment.

City has provided substantial grants to
Community Human Services and Veterans
Transition Center to increase homeless
housing.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 70, Packet Page 173 The City also supports financially Gathering
for Women and other groups.

Goal d. Encourage planning and coordination
of the health care system to ensure efficient
and effective delivery.

The City has reviewed several new health
care facilities.

Policy d.1. Encourage the Monterey County
Health Department to provide adequate
preventative health care and mental health
education within the City for all residents.

Future program
Policy d.2. Encourage the availability of
counseling services for all that need them,
regardless of ability to pay.

Future program
Policy d.3. Encourage the county health
department and local hospitals to provide
low-cost counseling services to all residents.

Future program
Policy d.4. Encourage coordination efforts in
the health care field to provide a continuum of
care.

Future program
Policy d.5. Encourage programs for public
agency personnel to train them to work with
people who have mental health issues.

City Human Resources Department
conducted a citywide training.

Goal e. Support programs that provide strong
educational opportunities at all levels, from
pre-school to postgraduate programs.

Ongoing
Policy e.1. Review opportunities for resource
sharing to strengthen K-12 educational
programs within the City.

Ongoing efforts between City of Monterey
Recreation Department and Monterey
Peninsula Unified School District
Policy e.2. Explore opportunities for
business/school partnerships to assist in
education programs and support for students.

Future program
Policy e.3. Continue homework assistance
programs.

The City Library provides extensive
resources for homework assistance online.

Policy e.4. Develop cooperative relationships
with colleges and postgraduate schools to
strengthen educational opportunities in the
City.

Ongoing
City has specifically worked with Middlebury
Institute on their university master plan and
implementation.

Policy e.5. Encourage sharing of facilities
between educational institutions and the City
to maximize use of limited resources.

The City and Monterey Peninsula Unified
School District have an existing shared use
agreement.

Goal f. Ensure prompt and effective services
to cope with local emergencies.

The City Council has prioritized public safety
staffing levels to cope with local
emergencies.

Policy f.1. Encourage the development of
community services, with an emphasis on
crime prevention and supportive services for
the victims of crime.

The City Council has prioritized public safety
staffing levels.

Program f.1.1. Continue and expand the
city’s crime prevention program.

The City Council has prioritized public safety
staffing levels.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 71, Packet Page 174 Program f.1.2. Cooperate with service clubs
and other community groups in crime
prevention efforts.

The City Council has prioritized public safety
staffing levels. The City’s Police Department
coordinates closely with the Monterey
Peninsula Unified School District.

Program f.1.3. Continue in-school law
enforcement programs and lectures to
community groups on topics such as drug
abuse, crime prevention, and the rights of
minors.

The City Council has prioritized public safety
staffing levels. The City’s Police Department
coordinates closely with the Monterey
Peninsula Unified School District.

Program f.1.4. Encourage programs that
inform residents of their legal rights and
responsibilities.

Ongoing
Policy f.2. Support nonprofit agencies that
provide assistance, such as food and shelter,
during family emergencies.

The City’s Housing Program provides funding
to several nonprofits helping to foster a social
network for family emergencies.

Policy f.3. Continue to work with service
providers to promote programs, which
encourage good citizenship in children and
teenagers.

Future program
Policy f.5. Provide service to military
installations and neighboring jurisdictions
through contractual agreements without
diminishing service levels to city residents.

Ongoing
Goal g. Provide Library services, programs,
and resources to meet changing community
needs and interests.

The City’s Library provides extensive
services, programs and resources.

Policy g.1. Acquire and maintain collections
of books and other resources to meet current
and projected community needs and interests
and provide a balanced representation of
ideas and information. Continue special
emphasis on the increasingly complex needs
of children and young people, as well as the
growing number of senior citizens in our
society.

The City’s Library provides extensive
services, programs and resources.

Policy g.2. Provide effective, accessible,
safe and attractive Library facilities. Planning
efforts will address the need for more space
in order to continue to fulfill the Library’s
mission.

The Library Board completed a
comprehensive master planning process in
2020.

Policy g.3. Provide access to information
and resources for remote users from their
homes, workplaces, and schools.

The City maintains an extensive website.

Policy g.4. Share resources and coordinate
activities with other city departments,
libraries, agencies, and organizations in order
to maximize service to the community.

Ongoing
Goal h. Continue and expand cultural arts
programs for the enrichment of the daily life
of the City’s residents and visitors.

The City has an active museum and cultural
arts program.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 72, Packet Page 175 Policy h.1. Develop sustained funding for a
variety of art elements in public places
through private-public collaboration.

Ongoing. The City’s Museum and Cultural
Arts Division actively pursues grants for
public art projects.

Policy h.2. Continue the program of
underwriting cultural arts agencies that offer
arts activities for the benefit of the residents
and visitors.

Ongoing. The City’s Museum and Cultural
Arts Division actively pursues grants for
public art projects.

Policy h.3. Restore Colton Hall for use as a
museum.

Colton Hall is operated as a museum.

Policy h.4. Maintain the annual plan for the
cultural arts.

The Museum and Cultural Arts Division
adopts an annual plan for its programs.

Goal i. Continue to evaluate and strategize
on how to meet the City’s social service
needs.

Ongoing
Policy i.1. Coordinate with various service
providers to determine how needs can be
met. Recognize that the City may not be able
to provide all the services needed but can
serve as the catalyst to encourage additional
services and partnerships.

Ongoing
Policy i.2. Continue to provide high quality
programs that meet the changing needs of
Monterey’s population.

Ongoing
Goal j. Maintain a high level of
communication between residents and the
City.

Ongoing
The City provides extensive updates on the
City’s website, social media, and printed
information campaigns.

Policy j.1. Encourage two-way
communication between the City and
residents and businesses.

Ongoing
The City provides extensive updates on the
City’s website, social media and printed
information campaigns. Comments are
regularly received.

Program j.1.1. Continue government
outreach through programs like the City
Focus newsletter, broadcast of public
meetings, public access television, City web
sites, and meetings with neighborhood
leaders and business associations.

Ongoing
The City provides extensive updates on the
City’s website, social media and printed
information campaigns
Program j.1.2. Encourage residents to
communicate with the City through programs
like the City telephone hotline, surveys,
email, etc.

Ongoing
Program j.1.3. Continue programs that
encourage volunteer participation.

Due to COVID, the City’s programs have
been limited for public health and safety.

Typically, the City has a number of programs
that are volunteer based such as museum
and park services.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 73, Packet Page 176 Program j.1.4. Encourage residents to
participate in City Boards and Commissions.

The City advertises all Board and
Commission positions.

Program j.1.5. Assure that public records are
accessible to citizens.

Many public records are available online,
such as agendas, minutes, resolutions, and
ordinances.

The City Clerk’s Office coordinates all public
record act requests.

Goal k. Provide accurate information on
available social services in a manner which is
easily accessible to all residents and service
providers.

Ongoing
Policy k.1. Develop and provide information
about social services in appropriate locations
in the City, including the Library, Police
Department, Housing Division, and
Neighborhood Centers. Continue to provide
referral services.

Ongoing
Policy k.2. Evaluate coordination efforts of
service providers who request city funds.

The City Housing Office monitors and
coordinates all the City’s social service
grants.

Policy k.3. Advocate social services
coordination efforts at the county level.

Ongoing. The City participates in multiple
regional task forces and meetings.

Policy k.4. Participate in ongoing
assessment of community social needs and
resources.

The City completed a study evaluating social
needs and resources in 2019.

Policy k.5. Continue to gather data on social
needs and target groups; update the needs
assessment on a periodic basis.

The City completed a study evaluating social
needs and resources in 2019.

Policy k.6. Provide information and
assistance to service providers and
community groups to enable them to develop
needed services.

Ongoing
Historic Preservation Element
Goal a. Preserve historic and cultural
resources in Monterey, including buildings,
sites, landscapes, artifacts, and memories.

The City’s Historic Preservation Ordinance
preserves historic and cultural resources.

Policy a.1. Maintain a balanced preservation
program with plans, surveys, ordinances to
preserve historic resources, and incentives,
including permit streamlining, to balance the
added costs of maintaining historic
resources.

The City has completed historic surveys of
several neighborhoods. The City received a
Certified Local Government Grant to prepare
a historic survey of the Alta Mesa
neighborhood. The City Council approved the
Alta Mesa historic survey.

Program a.1.1. Maintain the Historic Master
Plan with review and updates at five-year
intervals.

The City maintains the Historic Master Plan.

A future project should be to update the
master plan.

Program a.1.2. Encourage historic zoning
and Historic Districts in areas that are
The City’s Historic Ordinance allows
designation of historic sites and districts.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 74, Packet Page 177 eligible. Consider City-initiated historic
zoning and Districts for resources with state,
national, and international significance.

The City designated several properties during
2021.

Program a.1.3. Complete the City-wide
historic survey program and maintain up-todate surveys of potentially historic resources.

Program a.1.4. Develop a Master Plan for
the lower Presidio of Monterey Historic Park.

Completed
Program a.1.5. Develop a Master Plan for
the Royal Presidio Site in conjunction with the
Diocese of Monterey.

Future project
Program a.1.6. Encourage the identification
and preservation of historic landscapes,
including incentives for preservation.

The City’s Historic Preservation Ordinance
preserves historic and cultural resources.

Program a.1.7. Maintain and update the
City’s historic incentive programs to support
historic property owners, including grant
programs, land use incentives, flexible zoning
and parking standards, property tax relief,
Historic Building Code, and expedited
processing for historic resources.

City staff is currently working on updating the
Historic Preservation Ordinance. This update
includes revisions to its incentives.

Policy a.2. Encourage the collection and
preservation of artifacts, print materials, oral
histories, and ephemera.

The City’s Museum and Cultural Resource
Division encourages the collection and
preservation of artifacts, print materials, oral
histories and ephemera.

Program a.2.1. Maintain and expand the
historic collection at the Library California
Room.

Ongoing
Program a.2.2. Support cultural museums,
learning and interpretive centers, and
libraries that preserve, store, protect, and
make artifacts available for public display and
study.

Ongoing
Policy a.3. Maintain City-owned historic
buildings in accordance with the Secretary of
the Interior's Standards for the Treatment of
Historic Resources.

Ongoing
Policy a.4. Utilize the CEQA process for
projects located in archaeologically sensitive
areas to identify and mitigate potential
impacts on archaeological resources.

Background Information – Proposals
reviewed for consistency as proposed
Goal b. Coordinate the preservation,
interpretation, and presentation of historic
Monterey by the various agencies that
interpret and maintain Monterey historic
resources.

Ongoing

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 75, Packet Page 178 Policy b.1. Continue to support the Historic
Monterey program, which coordinates with
government, nonprofit, and other historic
organizations to preserve and present
Monterey history.

Ongoing
Program b.1.1. Coordinate historic
programming so that residents and visitors
can experience and understand the entire
range of Monterey history in a seamless
manner.

Ongoing
Program b.1.2. Establish a single passport
or ticket mechanism that provides access to
all historic destinations.

Program has been periodically provided over
the years.

Program b.1.3. Coordinate hours of
operations and tours so that they do not
overlap. Develop sample itineraries for
residents or visitors based on length of time
they have to visit historic sites.

Future program
Program b.1.4. Coordinate historic
programming with other non-historic
destinations and activities in Monterey.

The City coordinates History Day with its
partners.

Program b.1.5. Integrate marketing efforts of
the various agencies that interpret Monterey
history.

The Monterey County Visitors and
Convention Bureau integrates marketing
efforts.

Program b.1.6. Consolidate specialized
staffing and functions among organizations
with historic resources by sharing
maintenance, training, archival, craftspeople,
and other resources necessary for the
preservation of historic buildings, sites, or
artifacts.

Ongoing as appropriate
Program b.1.7. Promote the development of
skills programs such as apprentices and
internships in preservation or archival
techniques.

Future program
Program b.1.8. Coordinate collections
management among libraries and museums.

Ongoing
Program b.1.9. Include military bases and
military history in the Historic Monterey
program by reaching out to the Defense
Language Institute and Naval Postgraduate
School for coordinated historic programming.

Due to COVID, the City’s museums have
been closed for public health and safety. In a
typical year, the City coordinates History Day
with its military partners.

Program b.1.10. Encourage publication and
interpretation of Monterey history, particularly
a comprehensive history that includes the
period from signing of the State Constitution
in 1850 to the present.

Completed
Program b.1.11. Develop an historic
entrances and vistas programs, to identify
and enhance recognition of the various
Future program

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 76, Packet Page 179 historic influences in Monterey, such as
Spanish and Mexican government, American
conquest and statehood, Gilded age, fishing
era, etc.

Program b.1.12. Work with the partners in
the Historic Monterey Program so that levels
of service are not diminished if funding is
diminished.

Program has been periodically provided over
the years.

Public Facilities Element
Goal a. Phase future development in
accordance with the City’s ability to service it.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.1. Use the City’s capital
improvement program for determining shortrange priorities for the allocation of public facilities funds consistent with the General
Plan.

Completed annually
Policy a.2. Encourage review of proposed
public facilities of all agencies by the City
Planning Commission.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.3. Encourage infill development
within the City where it can efficiently be
provided with public facilities and utilities.

Completed
Specific Plans have been adopted for infill
development to streamline development
review.

Program a.3.1. Monitor limited public
services (e.g., water, sewer, streets) and
develop a system to determine the impacts of
proposed developments on these resources.

Background information – Public Works
Department monitors.

Program a.3.2. Mitigate the impacts of
proposed developments through means such
as increased use of transit and water
conservation.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.4. Major new developments, such
as annexed areas, should generate enough
revenues to pay for the public services they
demand.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.5. Reserve adequate space in new
development for schools, parks, playgrounds,
bikeways, community centers, libraries, fire
stations and other public facilities.

Background Information – Proposals
reviewed for consistency as proposed
Policy a.6. Control the rate of development if
all projects being proposed cannot
adequately be served with public facilities, or
could cause a rate of growth higher than the
community feels is acceptable.

Background Information – Proposals
reviewed for consistency as proposed
Goal b. Maintain a high level of police
protection consistent with the City’s needs
and financial resources.

The City Council has prioritized public safety
staffing levels.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 77, Packet Page 180 Policy b.1. Provide for adequate police
facilities through the Capital Improvement
Program.

Annual Capital Improvement Program
Policy b.2. Continue to cooperate and
coordinate with county and state agencies in
providing police services within the
community.

Ongoing
Policy b.3. Develop a plan to upgrade or
replace the main police station.

Future project
Goal c. Maintain facilities to provide a costeffective, high level of fire protection service.Ongoing Policy c.1. Require built-in fire protection for
new and existing structures to minimize the
need for additional fire facilities.

The City’s Municipal Code requires built-in
fire protection.

Policy c.2. Identify cost-effective fire station
locations. using contractual or automatic aid
agreements.

The City provides contract fire services for
the Monterey Peninsula Airport District. As a
result, adequate response times are available
along the Highway 68 corridor.

Policy c.3. Continue to monitor and evaluate
the need for a new fire station to serve the
Monterey-Salinas Highway (68) and Ryan
Ranch areas. Explore opportunities to colocate at the airport’s fire station to provide this additional service.

The City provides contract fire services for
the Monterey Peninsula Airport District. As a
result, adequate response times are available
along the Highway 68 corridor.

Policy c.4. Provide for adequate fire facilities
through capital funding.

Capital Improvement Program
Policy c.5. Develop a plan to upgrade or
replace the fire administration building.

Future project
Goal d. Continue to work with various
agencies to provide exemplary educational
facilities in the City of Monterey.

Ongoing
Policy d.1. Work with Monterey Peninsula
Unified School District in school site planning.

Ongoing
Policy d.2. Work with the District on the
reuse of school sites that are no longer
needed.

Ongoing
Policy d.3. Continue to encourage
coordination between the City, military,
Monterey Peninsula Unified School District,
Monterey Peninsula College, and private
schools in the planning of future school
facilities.

Ongoing
Policy d.4. Due to limited land and
resources, continue to encourage shared
facilities and resources among the City,
military, and schools.

Ongoing
The City has a shared use agreement with
the Monterey Peninsula Unified School
District.

Policy d.5. Continue to support joint use
agreements to enable investment in school
district facilities.

Ongoing
The City has a shared use agreement with
the Monterey Peninsula Unified School
District.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 78, Packet Page 181 Policy d.6. Encourage the retention of
Monterey High School in the downtown core.

Ongoing
Goal e. Support the establishment of a
standing committee made up of
representatives of the Peninsula cities, the
county, and the three military facilities on the
Peninsula. The committee should work on
solutions to public facility issues such as
housing, infrastructure, recreation, and public
works issues.

The City obtained a grant to study
compatibility issues and opportunities
between military installations and
municipalities. Work is underway
Goal f. Maintain and support the present high
level of cultural facilities and activities in the
City.

Due to COVID, the City’s cultural facilities
were closed this year.

Policy f.1. Provide adequate library facilities
through the Capital Improvement Program.

Ongoing
Policy f.2. Continue to support cooperation
between the City Library and other libraries in
the region.

Ongoing
Policy f.3. Seek opportunities to provide
additional offsite services and facilities for the
Monterey Conference Center.

The City Conference Center staff cooperates
with offsite venues to expand opportunities
for conferences.

Policy f.4. Continue to explore opportunities
to create a performing arts center in the City.

Future program
Policy f.5. Work cooperatively with public
and private entities to provide community
meeting space.

Conference Center completed
Policy f.6. Work with State Parks Foundation
to get the historic park facilities open to the
public and maintained operational.

Efforts have been made with moderate
success.

Policy f.7. Continue to work with various
agencies to acquire and restore the State
Theater.

The State Theater is now privately owned
and offers various cultural events.

Acquisition is no longer required.

Goal g. Continue to support the expansion of
health care facilities that provide more
efficient and cost-effective services to local
residents.

Background Information – Proposals
reviewed for consistency as proposed.

Goal h. Comprehensively plan buildings and
parking for the entire Civic Center Campus.

Continue to support improvements to the
Civic Center facilities in keeping with the
City’s needs and financial resources to
improve public access and services.

Background information
Goal i. Promote the improvement of facilities
in the harbor area that will provide services
needed by both Monterey’s fishing industry
and pleasure craft owners.

City regularly maintains its harbor facilities.

Policy i.1. Continue to provide adequate
berthing in the Monterey harbor for fishing
vessels and pleasure craft at prices
competitive with other areas.

Adequate berthing provided. Wait lists do
exist.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 79, Packet Page 182 Policy i.2. Maintain and enhance adequate
facilities in the harbor area for unloading and
transportation of fish.

City maintains Wharf II for fishing services.

Policy i.3. Support recreational fishing on
Wharf 2.

Completed
Recreational fishing is allowed.

Goal j. Continue to provide excellent park
and recreation opportunities to the
community.

The City provides excellent park and
recreation opportunities to the community.

Policy j.1. Continue to evaluate how and
where to provide services as community
needs evolve over time.

The City created a Parks Master Plan.

Policy j.2. Consider the needs of special
populations when planning park and
recreation opportunities and facilities.

Ongoing
Policy j.3. Continue to coordinate with
outside agencies, such as school districts
and the military, to provide a comprehensive
recreation program.

Ongoing
Policy j.4. Provide adequate maintenance of
existing park and recreation facilities.

The City maintains the existing park and
recreation facilities.

Policy j.5. Provide for new park and
recreation facilities through capital funding.

Ongoing
Policy j.6. Continue to require new
developments to pay their fair share for park
and recreation facilities and maintenance.

The City Council has eliminated the parks
and recreation fees to promote housing
development.

Goal k. Continue cooperation with the
Monterey Regional Water Pollution Control
Agency to maintain an environmentally
compliant closed system (system that
complies with environmental regulations) that
ultimately allows partial reuse of the
wastewater.

Ongoing
Policy k.1. Encourage measures to promote
proper disposal of pollutants into the sanitary
sewer or hazardous waste facilities rather
than into the storm drainage system.

Ongoing
Policy k.2. Continue inspections of the City’s
sewer pipe system to prioritize maintenance
needs.

Ongoing
Policy k.3. Set sewer fees at a rate sufficient
to maintain and, when necessary, replace the
system.

Ongoing
Goal l. Continue to improve drainage and
urban runoff quality throughout the City and
maintain Monterey’s status as a regional lead
agency for storm water management
programs.

Ongoing
Policy 1.1. Set storm drain fees at a rate
sufficient to maintain and, when necessary,
replace and upgrade the system.

Ongoing

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 80, Packet Page 183 Policy l.2. The City of Monterey will comply
with requirements from State regulatory
agencies related to urban runoff quality. This
includes required implementation of the
National Pollution Discharge Elimination
System (NPDES) Phase II six minimum
measures.

Ongoing
Background Information – Proposals
reviewed for consistency as proposed.

Goal m. Develop long-term water supplies
and conservation methods so that there is
sufficient water to implement General Plan
goals.

Adequate water supplies have not yet been
developed to support General Plan goals.

Policy m.1. Develop alternatives for longterm water supply both within and outside the framework of the Water Management District
and the California American Water Company.

The Water Authority was established and met
for several years. It was recently disbanded
and new discussions are underway at the
Monterey Peninsula Water Management
District.

Program m.1.1. Establish an independent
task force of Peninsula cities to develop new
and creative sources for long-term water
supplies and conservation methods for the
region.

The Water Authority was established and met
for several years. It was recently disbanded
and new discussions are underway at the
Monterey Peninsula Water Management
District.

Program m.1.2. The task force should meet
with appropriate public and private agencies
to provide water supply necessary to meet
long-term needs within the framework of their
particular rules and constraints.

The Water Authority was established and met
for several years. It was recently disbanded
and new discussions are underway at the
Monterey Peninsula Water Management
District.

Program m.1.3. The task force should
evaluate all water supply options.

The Water Authority was established and met
for several years. It was recently disbanded
and new discussions are underway at the
Monterey Peninsula Water Management
District.

Program m.1.4. The City and Task Force
should evaluate the potential for City water
utilities for each city or a combination of
cities.

The Water Authority was established and met
for several years. It was recently disbanded
and new discussions are underway at the
Monterey Peninsula Water Management
District.

Program m.1.5. Develop and continue
conservation programs to reduce water
consumption, including but not limited to
retrofit, stormwater reuse, water reclamation
programs for golf course and other uses,
greywater reclamation programs for both new
and existing developments. Encourage
conservation and reclamation of water at
military and educational institutions.

The City has implemented multiple water
saving measures at its facilities.

Additional opportunities exist.

Program m.1.6. Encourage property owners
to achieve full or partial independence from
the existing water system (e.g. wells,
cisterns). The City should work with other
The State of California passed legislation to
prohibit new wells. This is no longer an
option.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 81, Packet Page 184 government agencies to eliminate rules that
would impede these solutions.

Program m.1.7. Encourage landscaping with
drought-resistant native plants in both
existing and proposed public and private
development projects.

Completed
The State of California adopted strict
regulations requiring drought resistant
landscaping and water regulations. The
Monterey Peninsula Water Management
District evaluates each project for compliance
prior to issuance of a building permit.

Program m.1.8. Any water saved or
reclaimed should be under City control for
City re-allocation.

Completed
The City Council allocates water for
affordable housing construction only.

Goal m.2. Encourage Cal-Am to maintain the
City’s water supply system in a good state of
repair to prevent leakage and other water
loss.

Ongoing
Policy m.2. Encourage continued
development of the City’s water supply
system to meet established fire flow
standards (including reservoirs, mains, and
hydrants).

Background Information – Proposals
reviewed for consistency as proposed
Program m.2.1. Encourage the Water
Management District to work with the City to
provide and improve emergency measures to
insure adequate water, storage and
distribution during disaster circumstances.

Future program
Goal m.3. Establish goals, standards and
priorities for water allocation.

Completed
The City Council allocates water for
affordable housing construction only.

Policy m.3.1. Identify the current unmet
community needs that require water, and
establish priorities so that the most essential
land uses are provided for.

Completed
The City Council allocates water for
affordable housing construction only.

Goal n. Continue to provide facilities to
implement cost-effective and incentive-based
recycling programs and education for items
such as yard waste, vehicle oil, food
containers, cardboard, and mixed paper to
divert waste generated by residential and
commercial customers.

Ongoing
Policy n.1. Continue to provide specific
waste reduction and recycling programs for
users, such as manufacturing, restaurant,
business, military, and residential customers.

Ongoing
Policy n.2. Encourage the development of
commercial composting and educational
programs.

The City is implementing the State’s
increased composting regulations. Staff
contacts individual businesses regarding
compliance.

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 82, Packet Page 185 Policy n.3. Implement waste and recycling
enclosure standards for all new
developments and remodels.

Background Information – Proposals
reviewed for consistency as proposed
Goal o. Maintain the existing City buildings
by applying building maintenance standards
that are appropriate based on the age, type
and purpose of the structure.

The City’s Maintenance Division continues to
repair buildings subject to approval of the
annual budget.

Policy o.1. Continue to implement concepts
that promote green buildings and
construction.

The State of California incorporated green
building standards into the State Building
Code. The City’s Building Division is required
to confirm compliance with state
requirements as part of building permit
issuance.

Policy o.2. Provide ongoing and preventative
maintenance in a timely manner.

Ongoing
Adequate maintenance is currently provided.

Goal p. Ensure that adequate space
continues to be available at the City
Cemetery or new facilities.

Ongoing
Policy p.1. Review the City’s Cemetery Plan
periodically and construct facilities as
needed.

As needed
Policy p.2. Support development of a
Veterans Cemetery in the area.

Completed

EXHIBIT A
Council Regular Meeting, 4/19/2022, Item No. 16., Item Page 83, Packet Page 186 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director Prepared By: Christy Sabdo, AICP, Associate Planner
SUBJECT: Authorize Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc. for a Not to Exceed Amount of $200,000 Each, to Evaluate and Process Permit Applications for the Construction and Modification of Wireless Facilities (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution authorizing Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc. for a not to exceed amount of $200,000 each, to evaluate and process permit applications for the construction and modification of wireless facilities.

VALUE DRIVER:

In collaboration with our community partners, work to improve the quality of life of all of our community members by fostering diversity, equity, and inclusion; championing equitable access to affordable housing; and maintaining a safe environment. Utilizing a professional services consultant for this purpose also supports the value driver to “provide sufficient resources and support to develop, retain, and recruit a high quality city workforce.” POLICY IMPLICATIONS:

Awarding Professional Services Agreements is consistent with past Council policy and is used for other types of professional services for projects throughout the City.

FISCAL IMPLICATIONS:

The City’s Wireless Ordinance allows the City to charge application fees (through developer deposits) sufficient to cover the professional services required to process the applications.

These deposits are collected and placed in a developer deposit fund to cover the costs of the consultants prior to the start of work.

ENVIRONMENTAL DETERMINATION:

The City of Monterey staff determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378(b)(5)). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects Date: 4/19/2022
Item No.: 17.

Council Regular Meeting, 4/19/2022, Item No. 17., Item Page 1, Packet Page 187 pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Council could decide that professional services are not required at this time. However, given the Federal regulations of wireless services, the Planning Office may receive multiple applications that will exceed the capacity of current Planning Office staff, and assistance will be necessary to process the applications within the required timelines.

DISCUSSION:

On January 14, 2019, new Federal Communications Commission regulations became effective that, among other things, significantly limit local control of wireless facilities and create new timelines reducing the time for processing small cell facility applications. One of the most significant changes is the requirement that cities process some small cell wireless applications within 60 days. The 60 days includes the time it takes for administrative review of the application (incomplete check), Planning Commission hearing, and Council appeal hearings.

On March 19, 2019, the City Council authorized Professional Services Agreements with three firms to evaluate and process applications for the construction and modification of wireless facilities (Resolution No 19-031 C.S). Since 2019 under this agreement, the Planning Office has received wireless planning support to process permits for wireless and related emergency generator projects. To prepare for the continued workload anticipated to meet the regulatory timelines, assistance from multiple firms may be necessary.

Selection of these consultants was made in accordance with the qualifications-based selection process per Section 28-30 of the City Code. On January 27, 2022, staff circulated the RFP for Wireless Facilities Planning On-Call Services. Firms that provide the desired services were specifically contacted. The RFP was posted through the City’s new e-Procurement Portal, OpenGov Procurement, and on the City’s website. By the March 1, 2022 deadline, responses were received from three firms.

Each of the firms selected has experience processing wireless permits in California and is familiar with Monterey. The combination of the following two firms provides the City with local representation as well as expertise in wireless facility permit review:
 EMC Planning Group, Inc., of Monterey, CA
 Rincon Consultants, Inc., of Monterey, CA
Each agreement will have an initial one-year term and a $200,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for two additional one (1) year extensions, also with an annual not-to-exceed funding limit of $200,000.

KC/SAB
Attachments: 1. Resolution awarding contracts
e: Sally Rideout; Principal Planner, EMC Planning Group, Inc.

Council Regular Meeting, 4/19/2022, Item No. 17., Item Page 2, Packet Page 188 Megan Jones, MPP, Principal, Rincon Consultants, Inc.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 AUTHORIZING PROFESSIONAL SERVICES AGREEMENTS WITH EMC PLANNING

GROUP, INC AND RINCON CONSULTANTS, INC FOR A NOT TO EXCEED AMOUNT OF $200,000 EACH, TO EVALUATE AND PROCESS PERMIT APPLICATIONS FOR THE

CONSTRUCTION AND MODIFICATION OF WIRELESS FACILITIES
WHEREAS, the Planning Office needs to augment its planning staff to process wireless permit applications;
WHEREAS, on January 27, 2022, the City released a Request for Proposals (RFP) to firms that provide the desired services and also posted the RFP on the City’s new eProcurement Portal (OpenGov Procurement), and the City’s website; WHEREAS, on March 1, 2022, responses were received from three firms; a selection committee consisting of planning staff reviewed and scored the responses; the selection committee held deliberations; and two firms were found to be qualified: EMC Planning Inc. and Rincon Consultants, Inc.;
WHEREAS, each of the two firms has experience processing wireless permits in California and is familiar with Monterey, and the combination of the two firms provides the City with local representation as well as expertise in wireless facility permit review; WHEREAS, the agreement will have an initial one-year term and a $200,000 aggregate not-to-exceed fee for all tasks provided. The agreement will include an option for two additional one (1) year extensions also with an annual not-to-exceed funding limit of $200,000; WHEREAS, the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Section 15061 includes the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes the City Manager, or designee, to execute Professional Services Agreements with EMC Planning Group, Inc. and Rincon Consultants, Inc., with an initial one-year term and two additional one-year options, to provide professional services to evaluate and process permit applications for the construction and modification of wireless facilities, for a not to exceed amount of $200,000 each.

Council Regular Meeting, 4/19/2022, Item No. 17., Item Page 4, Packet Page 190

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 19th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 17., Item Page 5, Packet Page 191 Council
Agenda Report
№07/19
FROM: Kimberly Cole, AICP, Community Development Director SUBJECT: Appropriate $92,400 to Economic & Planning Systems to Collect Information and Prepare Research for an Economic Analysis of Housing Development for Parcels 031-191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191- 015 and Authorize a Three Month Contract Extension (Exempt from CEQA Article 19, Section 15306, Class 6)
RECOMMENDATION:

That the City Council adopt a resolution appropriating $92,400 from the Planning Office Professional Services account to Economic & Planning Systems to collect information and research parcels 031-191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031- 191-015 and extend the current contract with EPS for three months until October 25, 2022.

VALUE DRIVER:

Support efforts and policies that provide equitable access to affordable housing in Monterey and the region.

POLICY IMPLICATIONS:

The proposed analysis is also consistent with the City Council’s strategic priority to: Support affordable housing through modern zoning policies/ordinances, ADU policies, housing grants, review of density requirements, and consideration of City-owned sites for affordable housing.

FISCAL IMPLICATIONS:

The Planning Office budget includes $92,400 encumbered in Purchase Order 43621 for Economic Planning Systems. No additional fiscal allocation is required.

ENVIRONMENTAL DETERMINATION:

The City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15306, Class 6) because the project proposes to gather information and research about specific parcels (031-191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015) in the City of Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines 15300.2.

Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 1, Packet Page 192 adopted pursuant to law by federal, state, or local agencies. No impacts are anticipated because this is a study to gather information. It will help identify particularly sensitive environments.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No significant impacts are anticipated because this is a study to gather information.

Exception d - Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified Environmental Impact Report. The study area is not visible from a scenic highway.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The property is not located on a hazardous waste site pursuant to Governmental Code Section 65962.5. No impacts are anticipated because this is a study to gather information.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. No impacts to historical resources are anticipated because this is a study to gather information.

ALTERNATIVES CONSIDERED:

Council could decide that professional services for this purpose are not required at this time.

DISCUSSION:

Overview
The City continues its efforts to evaluate infill properties owned by the City that could be utilized for affordable housing. One of the sites requiring further evaluation is 126 acres of former Fort Ord land adjacent to South Boundary Road. Therefore, the City staff is recommending the appropriation of $92,400 for planning consulting firm Economic & Planning Systems to evaluate these parcels for their developable acreage yield, potential residential development, supportable commercial uses, infrastructure considerations, as well as site constraints and opportunities.

Regional Housing Needs Allocation (RHNA)
The City of Monterey recently received a draft Regional Housing Needs Allocation (RHNA) from the California Department of Housing and Community Development (HCD) of 3,654 housing Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 2, Packet Page 193 units, representing a 26.5% increase above the City’s current housing stock of 13,787 units. (Source: 2020 Census, State Redistricting Data Summary File, U.S. Census Bureau, August 2021 https://dof.ca.gov/wp-content/uploads/Forecasting/Demographics/Documents/2020Census_PL942020_Profile_Calif_Monterey.pdf) Proposed Study Area and Scope of Work
The City will be carefully evaluating infill opportunities with existing GIS tools to plan for the additional 3,654 units. However, large acreages of currently vacant land are more difficult to evaluate without gathering additional data. One of these large sites is the 126 acres of former Fort Ord land adjacent to South Boundary Road, encompassing Assessor Parcel Numbers 031- 191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015.

Figure 1: Proposed Study Area – Former Fort Ord Property (Outlined Area) The draft scope of work includes researching:
 Developable acreage yield using realistic assumptions regarding habitat set-aside, parks, and public right of way infrastructure;
 Extent and mix of “affordable” product types;
 Optimal density of market-rate development;
 Reasonable high and low yield brackets for residential development and the supportable amount of ancillary commercial uses;
 Site layout logistics in terms of parcels, infrastructure, phasing;  The estimated required capital investment in backbone infrastructure; and  Site constraints and opportunities.

Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 3, Packet Page 194 This background work will provide valuable information and research about these parcels. The City entered into a contract with EPS (AG-2841) authorized by Resolution 19-126 which will expire in July 2022. While it is anticipated that the work will be completed before the expiration date, authorization for a three-month extension to October 25, 2022 is requested for efficiency purposes.

Attachments: 1. Resolution Appropriating $92,400 from the Planning Office Professional Services Budget to Economic & Planning Systems
e: David Zehnder, Economic & Planning Systems
Housing List
All neighborhood associations
All commercial associations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 4, Packet Page 195 RESOLUTION NO. ____ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
1 APPROPRIATING $92,400 TO ECONOMIC & PLANNING SYSTEMS TO COLLECT

INFORMATION AND PREPARE RESEARCH FOR AN ECONOMIC ANALYSIS OF HOUSING DEVELOPMENT FOR PARCELS 031-191-018, 031-191-019, 031-191-006, 031-191-016, 031- 191-003, 031-191-015 AND AUTHORIZE THREE MONTH CONTRACT EXTENSION WHEREAS, the City of Monterey recently received a draft Regional Housing Needs Allocation of 3,654 housing units representing a 26.5% increase above the City’s current housing stock of 13,787 units;
WHEREAS, the City will be carefully evaluating infill opportunities with existing GIS tools. However, large acreages of currently vacant land are more difficult to evaluate without comprehensive planning;
WHEREAS, the City of Monterey proposes to hire a firm to collect information and prepare research for a large 126-acre site in the City of Monterey. This site is currently vacant includes the following parcels numbers (031-191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015);
WHEREAS, the draft scope of work includes identifying: developable acreage yield using realistic assumptions regarding habitat set-aside, parks and public right of way infrastructure; extent and mix of “affordable” product types; optimal density of market-rate development; reasonable high and low yield brackets for residential development and the supportable amount of ancillary commercial uses; site layout logistics in terms of parcels, infrastructure, phasing and the estimated required capital investment in backbone infrastructure and constraints/opportunities analysis; and
WHEREAS, the City of Monterey Planning Office determined the project is exempt from the California Environmental Quality Act Guidelines (Article 19, Section 15306, Class 6) because the project proposes to gather information and research about specific parcels (031- 191-018, 031-191-019, 031-191-006, 031-191-016, 031-191-003, 031-191-015) in the City of Monterey. Furthermore, the project does not qualify for any of the exceptions to the categorical exemptions found at CEQA Guidelines 15300.2.

Exception a - Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located - a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply in all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. No impacts are anticipated because this is a study to gather information. It will help identify particularly sensitive environments.

Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 5, Packet Page 196 Exception b - Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. No cumulative impacts are anticipated because this is a study to gather information.

Exception c - Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. No significant impacts are anticipated because this is a study to gather information.

Exception e - Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. The property is not located on a hazardous waste site pursuant to Governmental Code Section 65962.5. No impacts are anticipated because this is a study to gather information.

Exception f - Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. No impacts to historical resources are anticipated because this is a study to gather information.

NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTEREY that it hereby appropriates $92,400 to Economic & Planning Systems through Purchase Order 43621 from the Planning Office Professional Services Account (101-400-4400- 4240) and authorizes the City Manager to execute a three-month contract extension to October 25, 2022 for Ag-8241.

NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that the above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this 19th day of April, 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 18., Item Page 6, Packet Page 197 Council
Agenda Report
№07/19
FROM: Inga Waite, Library and Museums Director
SUBJECT: Request Appropriation of $15,641 in Donated Funds to the Fiscal Year 2021- 2022 Library Trust Fund Budget (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) RECOMMENDATION:

That the City Council adopt a resolution appropriating $15,641 in donated funds to the 2021- 2022 Library Trust Fund Budget for laptop computers and circulating print, magazine, and ebook collections.

VALUE DRIVERS:

Appropriating donated funds to the Library Trust Fund supports the value driver to “serve as stewards of the City’s financial resources” and the strategic priority to consider “appropriate revenue enhancements.” Appropriating donations to the Library Trust Fund to enhance Library services also supports the “quality of life” value driver which emphasizes “collaboration with our community partners” to “improve the quality of life of all our community” and includes the strategic priority to “provide learning opportunities and foster community connection through the Monterey Public Library.”
POLICY IMPLICATIONS:

Article 7 of the Monterey City Charter states:

There shall be maintained a library trust fund which shall consist of the present library trust fund together with all gifts, devises or bequests received for the use of the library hereafter and all miscellaneous revenues of the library, except fines.

Expenditures from said fund shall be made by the Council for such library purposes as are requested by the Library Board and as are in conformity with the conditions of any such gifts, devises, or bequests.

FISCAL IMPLICATIONS:

The recommended action would appropriate $15,641 in donated funds that have been received and deposited into the Library Trust Fund. $6,000 would be appropriated to replace obsolete laptop computers for public use, $6,641 would be appropriated for e-books and physical books, and $3,000 would be appropriated to re-introduce magazines, a collection which had been eliminated due to budget cuts.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/19/2022, Item No. 19., Item Page 1, Packet Page 198 on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council could choose not to appropriate the donation from the Monterey Public Library Friends & Foundation of $15,661 to the Library Trust Fund to replace outmoded public laptops, add new electronic and print books to the collection and reintroduce a circulating magazine collection. This is not recommended by the Library’s Board of Trustees, however, since current public funds are insufficient to provide these enhancements.

DISCUSSION:

Summary
The City’s General Fund provided over $2.2 million in funding to the Library Department in FY 2022/23, compared to a budget of over $3.2 million in FY 2019/20. The Monterey Public Library also relies on donations to provide supplemental financial support for Library services. Staff recommends that the City Council appropriate $15,661 in gift funds to replace laptops, add electronic and print books to the collection, and reintroduce a circulating magazine collection.

Services During the Pandemic
Monterey Public Library, established in 1849 as California’s first public library, continues to be a regional resource and support for many in our community. The Library closed its doors to inperson visits in March 2020 and quickly adapted by being the first library in Monterey County to offer contact-free “sidewalk service” in June 2020, in addition to virtual programs and remote reference service. Once it was safe to reopen, the Library welcomed guests back into the building on July 27, 2021. The Library continues to be a vital lifeline to information, inspiration, education, and entertainment for our community.

Monterey Learns! Campaign
In September 2020, the Monterey Public Library Friends and Foundation, a non-profit organization, announced a recovery campaign called Monterey Learns!, to capture the spirit of resilience, exploration, and innovation that characterizes our Library and our community. Funds raised will help the Library:
• buy books, e-books, and DVDs;
• implement 21st-century technology to meet the needs of our community; • help families cope with new learning challenges as schools reopen; • offer virtual and, eventually, in-person programs and events for all ages; and • preserve our community history and stories.

Council Regular Meeting, 4/19/2022, Item No. 19., Item Page 2, Packet Page 199 The Friends & Foundation receive donations of books as well, which they sell on Amazon and ongoing book sales. Funds from these sales are donated to the Library Trust Fund to purchase circulating materials for the Library collection.

Conclusion
The Monterey Public Library Friends & Foundation raised a staggering $349,674 during their 18-month campaign for which we are deeply grateful. The Board of Library Trustees requests that the Council appropriate $15,661 in gift funds received as follows:

Library Trust Fund Budget
 $ 6,000 received to replace outmoded laptops for public use;  $ 6,641 received for circulating e-books and print books;  $ 3,000 received as seed money to reintroduce a circulating magazine collection $15,641 Total
Attachments: 1. Resolution
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 19., Item Page 3, Packet Page 200 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
APPROPRIATE $15,641 IN DONATED FUNDS IN THE FISCAL YEAR 2021-22 LIBRARY

TRUST FUND BUDGET
WHEREAS, the Library Trust Fund received $15,641 in January 2022 from the Monterey Public Library Friends & Foundation;
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby directs the Finance Director to make the following appropriations to the Library Trust Fund accounts listed below for Fiscal Year 2021-22:

Fiscal Year 2021-22
810-550-5510-ADMN-4254 Library Materials (books, magazines, e-books) 9,641 810-550-5520-LBAU-4205 Library Laptops 6,000
Total $15,641

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

Council Regular Meeting, 4/19/2022, Item No. 19., Item Page 4, Packet Page 201 2 APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 19., Item Page 5, Packet Page 202 Council
Agenda Report
№07/19
FROM: Inga Waite, Library & Museums Director
SUBJECT: Approve Expenditure of $20,000 from the Monterey 250 General Fund to Reimburse the Cannery Row Business Association and the Old Monterey Foundation for the Giant Abalone Shell Artwork Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council adopt a resolution to approve an expenditure of $20,000 from the Monterey 250 Fund Balance to Reimburse the Cannery Row Business Association and the Old Monterey Foundation for the Giant Abalone Shell Artwork project.

VALUE DRIVER:

Reimbursing our community partners supports the value driver “to serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.”
POLICY IMPLICATIONS:

Reimbursement is consistent with the agreement between the City of Monterey and the Cannery Row Business Association, documented in their letter of October 24, 2019, whereof the Cannery Row Business Association (CRBA) pledged $10,000 towards the Abalone Shell Public Art project with the condition that “if for some reason the project is not completed, then the $10,000 will be returned to us.”
Reimbursement is consistent with the intent of the donor to the Old Monterey Foundation (OMF) as documented in the Community Foundation letter of October 11, 2019, stating “we are pleased to enclose a check for $10,000, which is for the 250 year Monterey anniversary and the Statue of Abalone” and that “all funds will be spent for the charitable purposes described above.” A total of $10,000 was received from CRBA on October 24, 2019, and a total of $10,000 was received from the Old Monterey Foundation on November 13, 2021.

The artwork, scheduled to be fabricated and installed by June 1, 2020, has not been received.

The City made numerous good faith efforts to engage the artist and seek information concerning the status of the project. On September 7, 2021, the City gave the artist Notice of Termination of the Agreement for Public Art and demanded repayment of $75,000.

FISCAL IMPLICATIONS:

The Monterey 250 General Fund balance is $25,000. Funds are sufficient to reimburse CRBA $10,000 and the OMF $10,000. Donations for the Monterey 250 event were booked to Date: 4/19/2022
Item No.: 20.

Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 1, Packet Page 203 Conference Center account number 101-600-6220-3836. The expenditures were booked to special projects account number 101-600-6220-0000-4285. The refunded donations will be charged to the special projects account number.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

The City Council commissioned the Giant Abalone Shell Artwork project as part of the Monterey 250 Celebration which was scheduled to take place in June 2020. The Cannery Row Company donated $75,000 toward the project and was reimbursed in September 2021 for their donation through the available unassigned fund balance. The reimbursements to the Cannery Row Business Association and Old Monterey Foundation could be drawn from the available unassigned fund balance as well. This is not recommended, however. The Monterey 250 Celebration concluded on December 31, 2021 with a Monterey County Pops! concert at the Golden State Theatre. The Monterey 250 Fund includes sufficient funds to reimburse CRBA and OMF for their respective $10,000 donations toward the Abalone Sculpture project.

DISCUSSION:

Summary
The Cannery Row Business Association and Old Monterey Foundation each donated $20,000 towards the Giant Abalone Shell Artwork project as part of the Monterey 250 Celebration. Since this project is not moving forward due to the artist’s non-performance, the City should reimburse organizations that donated funds for the project.

Giant Abalone Public Art Sculpture
On November 5, 2019 the City Council authorized the City Manager to sign an agreement with artist Cara Byrd for $100,000 for the commission and installation of the Monterey 250 Public Art Sculpture – “Giant Abalone.” Public art was considered a major component of the 250 celebration by the Monterey 250 Committee. The sculpture was to be installed at San Carlos Beach Park on Cannery Row by June 1, 2020.

The artist received two payments toward the $100,000 commission for the Giant Abalone Sculpture – a first payment of $50,000 on December 15, 2019 at project commencement, and a Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 2, Packet Page 204 second premature progress payment of $25,000 on April 27, 2020. The contract with the artist stipulated that fabrication, delivery, and installation of artwork was to be completed by June 1, 2020. On September 7, 2021, the City gave the artist Notice of Termination of the Agreement for Public Art for the artists’ default of their performance and demanded repayment of $75,000.

Donations from CRBA and OMF
The Cannery Row Business Association (CRBA) pledged $10,000 toward the Abalone Sculpture Project. The CRBA donation included a letter (attached) dated October 25, 2019 documenting their understanding that “if for some reason the project is not completed, then the $10,000 will be returned to us.” The Old Monterey Foundation also contributed $10,000 as documented in the letter of October 11, 2019 from the Community Foundation for Monterey County.

Nearly two years have elapsed since the agreed upon completion date. CRBA and OMF have requested that the City refund the amount they contributed to the City Staff recommend that Cannery Row Business Association and the Old Monterey Foundation be reimbursed by the City of Monterey for their generous pledges.

Attachments: 1. Resolution

2. Cannery Row Business Association Letter dated October 25, 2019

3. Community Foundation for Monterey County Letter dated October 11, 2021
c: Cannery Row Business Association
Old Monterey Foundation
Museum & Cultural Art Commission
Cara Byrd
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 3, Packet Page 205 RESOLUTION NO. __- ___ C.S.

A RESOLUTION OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
APPROVE EXPENDITURE OF $20,000 FROM THE MONTEREY 250 GENERAL FUND

BALANCE TO REIMBURSE THE CANNERY ROW BUSINESS ASSOCIATION AND THE

OLD MONTEREY FOUNDATION FOR THE GIANT ABALONE SHELL ARTWORK PROJECT WHEREAS, the City Council commissioned the $100,000 Giant Abalone Shell Artwork project as part the Monterey 250 Celebration;
WHEREAS, the Cannery Row Business Association and the Old Monterey Foundation donated $10,000 each to the City of Monterey toward funding the Giant Abalone Shell Artwork project;
WHEREAS, the Cannery Row Business Association provided a letter on October 25, 2019, stating their understanding that they would be reimbursed if the project was not completed; and the Old Monterey Foundation provided a copy of a letter dated October 11, 2019, from the Community Foundation for Monterey County specifying that the funding must be spent on Monterey 250 and the Abalone Sculpture only;
WHEREAS, the artwork has not been received or installed, the artist is considered to be in breach of contract and was sent a Notice of Termination of Agreement for the artist’s default of their performance;
WHEREAS, the fund balance in the Monterey 250 General Fund is sufficient to cover the two reimbursements; and
WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project.

NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF MONTEREY that it hereby authorizes and directs the Finance Director to make the necessary FY21/22 budget allocation identified below:

Reimburse Cannery Row Business Association $10,000 from the Monterey 250 General Fund balance, and the Old Monterey Foundation $10,000 from the Monterey Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 4, Packet Page 206 2 250 General Fund balance using the special projects account number 100-600-6220- 00004285.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 5, Packet Page 207 ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 6, Packet Page 208 ATTACHMENT 3
Council Regular Meeting, 4/19/2022, Item No. 20., Item Page 7, Packet Page 209 Council
Agenda Report
№08/22
FROM: Kimberly Cole, AICP, Community Development Director SUBJECT: Receive Informational Report about How to Participate in the Monterey Regional Compatible Use Study (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council receive a report about how to participate in the Monterey Regional Compatible Use Study.

VALUE DRIVER:

The Compatible Use Study is consistent with the City’s Value Driver to “serve as stewards of the City’s financial resources through sound economic vitality efforts, streamlining operations, reasonable revenue enhancements, visionary long-term planning, fiscal transparency, and community partnerships.” This includes the Strategic Priority to: “support our military installations (U.S. Army Garrison Presidio of Monterey, Naval Support Activity Monterey, and U.S. Coast Guard Station Monterey) as significant economic drivers in the region.” POLICY IMPLICATIONS:

The study will identify issues and opportunities for the region to address.

FISCAL IMPLICATIONS:

None.

ENVIRONMENTAL DETERMINATION:

The City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

This is an informational report only.

Date: 4/19/2022
Item No.: 21.

Council Regular Meeting, 4/19/2022, Item No. 21., Item Page 1, Packet Page 210 DISCUSSION:

The Monterey Regional Compatible Use Study (CUS) is a collaborative planning effort among the City of Monterey — the local project sponsor, and the cities of Del Rey Oaks, King City, Marina, Pacific Grove, Paso Robles, and Seaside, the counties of Monterey and San Luis Obispo, state and federal agencies, the U.S. Department of Defense, the public, and other local and regional stakeholders.

The purpose of the CUS is to identify and assess compatibility issues between the following military facilities in Monterey and San Luis Obispo counties, specifically:
 Presidio of Monterey
 Naval Support Activity Monterey
 Ord Military Community
 Defense Manpower Data Center
 Fort Hunter Liggett
 Camp Roberts Maneuver Training Center
During recent Council meetings, the City Council received public comments inquiring about how the public can participate in the Monterey Regional Compatible Use Study. There is a general informational website about the project that can be accessed at:
https://montereyregionalcus.com/
Since December, a virtual open house has been hosted, and the project team continues to accept public input. Below is a screenshot from the virtual open house:

Participants click on the map where they live (North or South Monterey County), identify issues on an interactive GIS map, and provide feedback.

Council Regular Meeting, 4/19/2022, Item No. 21., Item Page 2, Packet Page 211 The website has been shared broadly with multiple agencies. The City has also shared it with all neighborhood and business groups. We request that City Council members encourage constituents to complete the online survey. Website information is available in English and Spanish, and responses have been received in both languages.

The City plans on hosting a community workshop on June 29th to share the results from the virtual open house, identify potential strategies and obtain public input.

Residents and constituents in Monterey and near military installations located in Monterey and San Luis Obispo counties are encouraged to complete the online virtual open house. e: Matrix Design Group, Consultants
Erin Harwayne, Denise Duffy & Associates
All Neighborhood Associations
All Business Associations
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 21., Item Page 3, Packet Page 212 Council
Agenda Report
№07/19
FROM: David J. Hober, Chief of Police
SUBJECT: 1st Reading by Title Only of an Ordinance Regarding Police Department Acquisition and Use of Military Equipment; Approve Military Equipment Use Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061)
RECOMMENDATION:

That the City Council introduce by title only, waive full reading, and pass a first reading to approve a military equipment funding, acquisition, and use policy pursuant to Assembly Bill 481.

VALUE DRIVER:

POLICY IMPLICATIONS:

Reviewing and approving an ordinance in compliance with state legislation related to the City’s Police Department acquisition and use of military equipment and the related MPD policy is consistent with the City Council’s value drivers related to: “Quality of Life by maintaining a safe environment;” “Retain a Quality Workforce by providing city staff with the tools they need to perform well;” and “Transparent and Inclusive Government.” FISCAL IMPLICATIONS:

There are no new financial considerations for existing military equipment. There is a request for approval of procurement of twelve 40mm less-lethal launchers to replace the aged-out lesslethal shotguns at a cost of approximately $15,000, which will be funded through the existing FY 22 police budget. There is also a request for approval of an expenditure of approximately $200,000 for a Crisis Negotiation Team Command Vehicle, which will be fully reimbursed through the Federal Urban Areas Security Initiative (UASI) Grant. This expenditure would not occur unless the UASI reimbursement grant was approved by the federal government and an MOU was in place that would ensure the reimbursement. The UASI grant would not have final approval from the federal government until the FY 2024 budget cycle and is only being requested now so the MPD can continue through the two-year UASI grant request process for Military Equipment as required by AB 481.

ENVIRONMENTAL DETERMINATION:

Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 1, Packet Page 213 activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action and this matter have no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

ALTERNATIVES CONSIDERED:

Without Council approval, the Police Department’s ability to respond to critical incidents would be greatly diminished and would be detrimental to the safety of the public, involved parties, and public safety officers, and would increase the City’s risk exposure.

DISCUSSION:

On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law. California Government Code §§ 7070, 7071, and 7072 codify the requirements established by AB 481 for law enforcement’s acquisition, use, and funding of “military equipment.” The information presented in this report explains the Police Department’s compliance with the requirements of AB 481.

In enacting AB 481, the Legislature stated that the public has a right to know about any funding, acquisition, or use of military equipment by state or local government officials to increase transparency, accountability, and oversight. The same applies to the public’s right to participate in any government agency’s decision to fund, acquire, or use such equipment.

The bill requires law enforcement agencies that seek to continue the use of military equipment acquired prior to January 1, 2022, to accomplish the following by May 1, 2022:
 Draft a Military Equipment Use Policy that describes each piece of military equipment and the authorized uses for each piece of equipment to include:
o A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment;
o The purposes and authorized uses for which the law enforcement agency proposes to use each type of military equipment;
o The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment;
o The legal and procedural rules that govern each authorized use; o The training, including any course required by the Commission on Peace Officer Standards and Training (“POST”) that must be completed before any officer, agent, or employee of the law enforcement agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy;
o The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 2, Packet Page 214 applicable, what legally enforceable sanctions are put in place for violations of the policy; and,
o The procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.  Seek approval of the Policy from their governing body by Ordinance before acquiring new military equipment or seeking funds for equipment purchases; and,  Make publicly available on the agency’s website any proposed or final military equipment use policy for as long as the military equipment is available for use.

If the City Council does not approve the continuing use of existing military equipment within 180- days of submission of the proposed Military Equipment Purchase and Use Policy, the Police Department shall cease its use of the military equipment until it receives the approval of the City Council in accordance with AB 481.

At least annually after the adoption of a Military Equipment Use Policy, the law enforcement agency shall prepare an annual military equipment report to include:
 A summary of how the military equipment was used and the purpose of its use;  A summary of any complaints or concerns received concerning the military equipment;  The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;  The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report;  The quantity possessed for each type of military equipment; and  If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.

Within 30 days of submitting the annual military equipment report, a law enforcement agency must hold at least one “well-publicized and conveniently located community engagement meeting” to allow for public discussion of the report.

The governing body shall annually review the Military Equipment Purchase and Use Ordinance and vote on whether to renew the ordinance at a regular meeting. During its review, the governing body shall consider the annual report and determine whether each type of military equipment has complied with specified standards for approval.

Historical Perspective on Types of Equipment Acquired by Law Enforcement The City of Monterey lies at the heart of the Monterey Peninsula. It is the epicenter of many world-renowned public events, including the Monterey Jazz Festival, Car Week, Monterey Bay Half Marathon, and several festivals at the Fairgrounds. The City of Monterey attracts millions of visitors annually from all over the world as the home of the Naval Postgraduate School, Defense Language Institute, Middlebury Institute of International Studies at Monterey, Monterey Peninsula College, Monterey Bay Aquarium, Cannery Row, Fisherman’s Wharf, and the Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 3, Packet Page 215 Monterey Harbor & Marina. Unfortunately, as a result, the risk of a critical incident related to violence is always present.

Law enforcement’s response to critical incidents has evolved. The Columbine High School massacre in Colorado was a school shooting and failed bombing on April 20, 1999, murdering 12 students and one teacher. At that time, law enforcement followed a traditional strategy of waiting for multiple highly trained tactical teams to arrive, formulate a structured and deliberate plan that may include surrounding the building, setting up a perimeter, containing the damage, and slowly and methodically conducting room by room sweeps of the facility to locate and stop the threat. In this case, the results of the traditional strategy were catastrophic.

The Columbine incident became one of the most studied active-shooter massacres, resulting in the introduction of the Immediate Action Rapid Deployment tactic (IARD). Rapid deployment is defined as “the swift and immediate deployment of law enforcement resources, singular or in teams, to on-going, life-threatening situations where delayed deployment could otherwise result in death or great bodily injury to innocent persons.” IARD expects the first arriving officer on the scene to take charge and neutralize the threat. This places regular officers in situations of increased risk. To achieve this goal, additional training and specialized equipment are required.

Law enforcement agencies have learned through case studies that IARD generally results in a suspect’s suicide once confronted by armed responders. Secondary measures are put in place to limit access to potential victims and rescue injured persons once the threat is mitigated. It should be noted that IARD tactics are not a substitute nor the same as conventional response tactics to situations such as a barricaded subject.

Since Columbine, the United States has experienced a multitude of active shooter and deadly terrorist attacks at sporting events (e.g., Boston Marathon bomber), places of worship (Wisconsin Sikh temple, Pittsburgh synagogue, Overland Park Jewish Community Center), entertainment venues (Orlando nightclub, Las Vegas concert, San Bernardino attack), vehicleborne attacks (Charlottesville, New York City, University of Oklahoma), retail outlets (El Paso Walmart), attacks of military bases (Fort Hood, Pensacola Naval Air Station), and aircraft hijackings (World Trade Center, Pentagon, and Shanksville on September 11, 2001).

After significant research, testing, and practical application, law enforcement agencies have been trained and equipped with the tools to address terrorism and high-risk violent criminal behavior at the local level. Responding to situations in which one or more people are engaged in ongoing aggressive, deadly behavior requires swift contact to mitigate the public safety threat and involves vast resources.

Locally, we are not immune from critical incidents. Monterey and the Peninsula have experienced critical incidents and those that could have become such. Some recent events that have occurred in nearby counties include (*The MPD responded to assist with these incidents):
 July 28, 2019 – Gilroy Garlic Festival Shooting - gunman killed three people and wounded seventeen.*
 June 6, 2020 – Ben Lomond shooting ambush and murder of Santa Cruz County Sheriff’s Department Sergeant Damon Gutzwiller by an extremist group member who had previously killed a federal officer in Oakland – Multiple Special Weapons and Tactics teams responded to contain the suspect in very mountainous terrain.*  May 26, 2021 – Santa Clara County VTA Railyard Shooting – gunman killed nine people.

Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 4, Packet Page 216 In each instance, the corresponding agency’s inventory of safety equipment and weaponry allowed the law enforcement agency to confront the situation with multiple tools according to the need to mitigate harm and attempt to bring a safe resolution for the involved parties, the public, and officers. In each case, responding officers evaluated the suspects' actions, capabilities, and intentions. The equipment available created an opportunity to influence sound decisions by providing time, distance, and cover.

Appropriate training and available resources increase the Monterey Police Department’s ability to use less-lethal tactics to resolve routine situations that otherwise may quickly escalate, such as welfare checks, warrant service, uncooperative or mentally ill individuals subject to arrest, high-risk car stops, barricaded subjects, etc.

Many of the tools the Police Department utilizes to address critical incidents, and high-risk criminal behavior at the local level have become industry standards among law enforcement agencies throughout the country. Without these tools and current technology, the Police Department would not be able to respond effectively to safely resolve situations and protect the community and personnel.

AB 481 Definition of Military Equipment
California Government Code § 7070 provides a list of sixteen (16) types of equipment that are to be considered “Military Equipment” for the purpose of compliance with AB 481 and the associated California Government Codes. The categories are listed below, and the items owned by the MPD are bolded:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles; (2) Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision; (3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision;
(4) Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion;
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units;
(6) Weaponized aircraft, vessels, or vehicles of any kind; (7) Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision; Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 5, Packet Page 217 (8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision;
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision;
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency; (11) Any firearm or firearm accessory that is designed to launch explosive projectiles; (12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray; (13) Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD);
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons; and,
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.

For added clarity, nothing in this bill prohibits law enforcement from obtaining any of the above equipment, but rather AB 481 creates a public process for getting approval on the type of equipment that is authorized and the uses for that equipment.

Monterey Police Department Equipment Considered “Military Equipment” per AB 481 The MPD has leveraged federal and state grants and asset forfeiture programs through programs such as the Bullet Proof Vest Grant, Edward Byrne Justice Assistance Grant, Citizens’ Option for Public Safety Grant, State Homeland Security Grant, Urban Areas Security Initiative Grant, etc. The federal government also offers what is commonly known as the “1033 Program” to provide surplus military equipment to law enforcement agencies. That being said, the MPD has not applied for or received designated military equipment through the 1033 Program and it does not possess any equipment that it has obtained from the military.

Regardless, some of MPD’s equipment qualifies as “military equipment” under the broad language of the 16 categories defined by Government Code § 7070.

The primary purpose of all equipment purchased by the Police Department is to save civilian lives, protect law enforcement personnel, reduce the risk for the City and enhance public safety.

Some of the items designated by AB 481 as “military equipment” have been in our Police Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 6, Packet Page 218 Department’s equipment inventory for many years. Monterey Police Department policies and procedures govern the use, safe handling, storage, and qualification of the specified equipment.

Much of the equipment is part of the de-escalation process of Integrating Communications, Assessment, and Tactics (ICAT), which involves continuously evaluating the situation to attempt other techniques. The equipment may be used to create cover and distance and allow more time for decision-making processes. This allows the use of less-lethal tactics as part of a range of options to resolve a critical incident without using deadly force. These things allow officers to take in and constantly evaluate the totality of the circumstances, resulting in increased safety and reduced risk for everyone involved.

In addition, the California Peace Officer Standards and Training (POST) requirements for the operation and deployment of this equipment are managed by the Police Department’s Training Unit. As new tools are deployed, POST, internal training, vendor-provided training, or crosstraining among surrounding law enforcement agencies are implemented appropriately.

The draft Military Equipment Use Policy is attached as Policy 706 – Military Equipment. This policy includes an inventory of all qualifying equipment as an attachment, divided into three sections and described in more detail below:

Section One – Qualifying equipment owned/utilized by the Monterey Police Department:
 Category 10 – Assault Weapons as defined in the Penal Code, with the exception of standard-issue service weapons - Patrol rifles, 5.56mm Colt/Spikes Semi-automatic rifles:
o Purposes and authorized use: These rifles are standard issue to all sworn members of the MPD and are exempted from a military equipment use policy, per AB 481, but are included for transparency. The rifles may be deployed; when officers anticipate an armed encounter, situations may require long-range fire, to meet or exceed the suspect’s firepower, there may be a need to address a barricaded or hostage situation, when the suspect may be wearing body armor, when requested by a supervisor, to euthanize an animal. o Rules that govern use: applicable state and federal laws and MPD Policies 300 – Use of Force, 306 – Firearms, 412 – Rapid Response and Deployment. o Required training: CA POST certified 16-hour patrol rifle course and 4 hours annually/qualification annually.
 Category 10 – Specialized Firearms and ammunition of less than .50 caliber – Precision Rifle(s): Larue OBR AR-10, 7.62mm semi-automatic rifle; Desert Tech SRS M2, .308 bolt action rifle; FN SPR .308 bolt action rifle:
o Purposes and authorized use: These rifles are authorized for use by precision rifle/observer MPRSRU (SWAT) operators only. They are deployed in conjunction with the MPRSRU during high-risk incidents. o Rules that govern use: applicable state and federal laws and MPD Policies 300 – Use of Force, 306 – Firearms, 404 – Monterey Peninsula Regional Special Response Unit, 412 – Rapid Response and Deployment.
o Required training: All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU Precision Rifle/Observers must also complete a 40 hour POST certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 7, Packet Page 219  Category 12 – 37mm projectile launchers and Oleoresin Capsicum “OC” munitions:
o Purposes and authorized use: The 37mm projectile launcher are used as a less lethal use of force option to fire barricade penetrating oleoresin capsicum munitions to dislodge barricaded subjects from confined areas. o Rules that govern use: applicable state and federal laws and MPD Policies 303 – Control Devices and Techniques, 306 – Firearms.
o Required training: Only MPRSRU trained personnel and Less Lethal Instructors are authorized to use this Launcher. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. MPRSRU trains with this item at a minimum of 4 hours every year. Less lethal training includes two hours of initial training and two hours every two years.  Category 14 – 40mm less lethal projectile launchers and “bean bag” 12-gauge shotguns:
o Purposes and authorized use: The 40mm launcher and “bean bag” 12-gauge shotgun afford the ability to use less lethal impact munitions. This allows officers to address a threat from a greater distance and provides an alternative option for deadly force when reasonable. These tools can potentially prevent a deadly force encounter.
o Rules that govern use: applicable state and federal laws and MPD Policies 303 – Control Devices and Techniques, 306 – Firearms.
o Required training: Less lethal training includes two hours of initial training and two hours every two years.

Section Two – Qualifying equipment owned/utilized by law enforcement agencies the MPD collaborates and/or participates with as part of the MPRSRU:

In addition to equipment the MPD possesses and uses, the MPD is a member of the Monterey Peninsula Regional Special Response Unit (MPRSRU), which utilizes equipment that qualifies as “Military Equipment.” While the equipment possessed by MPRSRU is not purchased, owned, or maintained by the Police Department, it will be used in the City of Monterey. While not required, the equipment is included in the policy for full transparency. The various equipment types are subject to approval by the owning agencies’ respective City Councils. It is important to note that MPRSRU is deployed in such circumstances as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment MPRSRU possesses is essential to resolving critical incidents and emergency operations.

Refer to the draft MPD Policy 706 – Military Equipment, attachment Section Two.

Section Three – Qualifying equipment that the MPD will be procuring if authorized.

This report includes two types of equipment that the MPD needs to procure, as follows:
 Category 14 – 40mm less lethal projectile launchers:
o The MPD needs to purchase twelve 40mm single-shot less lethal launchers to replace the end-of-life less lethal “bean bag” 12 gauge shotgun platform. o Costs - $15,000 can be fiscally procured within the current MPD FY 22 approved equipment budget.
o Purposes and authorized use: The 40mm launcher can use less lethal impact munitions. This allows officers to address a threat from a greater distance and Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 8, Packet Page 220 provides an alternative option for deadly force when reasonable. These tools can potentially prevent a deadly force encounter.
o Rules that govern use: applicable state and federal laws and MPD Policies 303 – Control Devices and Techniques, 306 – Firearms.
o Required training: Less lethal training includes two hours of initial training and two hours every two years.
 Category 5 - Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units – Crisis Negotiation Team Command Vehicle:
o The MPRSRU Crisis Negotiations Team needs a mobile Negotiations Operations Center in a constant state of operational readiness to aid in the resolution of crisis incidents. The MPD has been working through the Federal UASI Grant Program to be approved for funding of this command vehicle. To proceed, the MPD needs approval from the Council to procure this piece of military equipment.
o Costs - $200,000 reimbursed through the UASI Grant. The vehicle would be procured with City of Monterey funds in FY 24 and fully reimbursed through the UASI grant program. This has been partially approved through UASI but would not be fully approved for procurement by UASI until October 2023. o Purposes and authorized use: This vehicle will provide a designated Negotiations Operations Center (NOC) in a constant state of operational readiness for the MPRSRU Crisis Negotiations Team that will aid in the resolution of crisis incidents. It would also be utilized for community outreach events such as National Night Out, public safety outreach, etc. o Rules that govern use: MPD Policy 404 – Monterey Peninsula Regional Special Response Unit.
o Required training: MPRSRU CNT provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU CNT members are required to complete an initial POST certified 40-hour basic Hostage Negotiation course and 48 hours of annual training.

Draft Monterey Police Department Policy 706 - Military Equipment The Police Department’s policy manual (structured on the Lexipol policy manual framework) addresses the appropriate use and deployment of military equipment. Specifically, MPD draft Policy 706 – Military Equipment addresses the required parameters of the law. AB 481 requires law enforcement to publicly release a written policy document governing the use of military equipment. MPD draft Policy 706 was posted to the MPD webpage on March 16, 2022. The Policy must be approved by the City Council via Ordinance, with findings of the following:
 The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;  The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties;
 If purchasing the equipment, the equipment is reasonably cost-effective compared to available alternatives that can achieve the same objective of officer and civilian safety; and,
 Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 9, Packet Page 221 equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

Annually, the Police Department will prepare and present to the City Council an annual Military Equipment report and distribute it on the Police Department’s website at least 30 days prior to the City Council meeting, where the following items are reviewed:
 The quantity possessed for each type of military equipment as of the date of the annual report;
 Summary of how the military equipment was used and the purpose of its use;  Summary of any concerns or complaints received involving the use of military equipment;
 The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response;  Total annual cost of each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs; and,  Acquisition plans (including the source of funds) for the coming year, type, and quantity.

Pursuant to California Government Code §7070(d)(7), the proposed Military Equipment Use Policy also provides the avenues through which members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in the policy. These means include:
 email to: [email protected]
 phone call to: (831) 646-3830
 mail sent to:

Monterey Police Department
Attn: Military Equipment Use Coordinator
351 Madison Street
Monterey, CA 93940
 Responding in person to the address above
 Completing a complaint form located on the MPD website Attachments: 1. Proposed City Ordinance

2. Draft MPD Policy 706 – Military Equipment
Writings distributed for discussion or consideration on this matter within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, will be made available at the following link:
https://monterey.org/Submitted-Comments
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 10, Packet Page 222 ORDINANCE NO. ____ C.S.

AN ORDINANCE OF THE COUNCIL OF THE CITY OF MONTEREY
№07/19
ADOPTING A MILITARY EQUIPMENT USE POLICY PURSUANT TO ASSEMBLY BILL 481 THE COUNCIL OF THE CITY OF MONTEREY DOES ORDAIN, as follows:

SECTION 1:

WHEREAS, on September 30, 2021, Governor Gavin Newsom signed into law Assembly Bill 481, adding Chapter 12.8 to Division 7 of Title 1 of the Government Code (sections 7070, et. seq.), relating to the use by California law enforcement agencies of certain equipment defined as “military equipment” under Government Code section 7070; WHEREAS, Chapter 12.8 seeks to promote transparency, oversight, and an opportunity for meaningful public input on decisions regarding whether and how military equipment is funded, acquired, or used;
WHEREAS, the Monterey Police Department may acquire, possess, or use certain items that qualify as “military equipment” as defined in Government Code section 7070; WHEREAS, Government Code sections 7070 and 7071 require that a law enforcement agency prepare a publicly released, written military equipment use policy covering the purposes and authorized uses, fiscal impact, applicable legal and procedural rules, required training, and applicable complaint process prior to the agency’s acquisition or use of any military equipment; WHEREAS, Government Code section 7071 requires law enforcement agencies to obtain approval of the applicable governing body, by an ordinance adopting a military equipment use policy, at a regular meeting held pursuant to open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment; WHEREAS, Government Code section 7071 allows the governing body of a city to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it makes specified determinations;
WHEREAS, the proposed military equipment use policy is found within Monterey Police Department Policy 706;
WHEREAS, Monterey Police Department Policy 706 was published on the Monterey Police Department’s website on March 16, 2022, at least 30 days prior to any public hearing on the military equipment at issue;
WHEREAS, Monterey Police Department Policy 706 was presented to the City Council on April 19, 2022;
WHEREAS, the City Council considered Monterey Police Department Policy 706 as an Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 11, Packet Page 223 2 agenda item for an open session of a regular meeting, providing for public comment, on April 19, 2022;
WHEREAS, the City Council determined that:
 The military equipment is necessary, because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.  Monterey Police Department Policy 706 will safeguard the public’s welfare, safety, civil rights, and civil liberties.
 The purchase of military equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.  Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.

WHEREAS, the City of Monterey determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guidelines”) Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Because the proposed action has no potential to cause any effect on the environment, or because it falls within a category of activities excluded as projects pursuant to CEQA Guidelines section 15378, this matter is not a project. Because the matter does not cause a direct or any reasonably foreseeable indirect physical change on or in the environment, this matter is not a project. Any subsequent discretionary projects resulting from this action will be assessed for CEQA applicability.

NOW THEREFORE, the Monterey City Council declares as follows:

SECTION 2: The above recitals are true and correct and are hereby incorporated and adopted as findings of the City Council as if fully set forth herein.

SECTION 3: Monterey City Code, Chapter 27, Article 3 is hereby added to read as follows:
“Section 27-10 Military Equipment Use Policy Adopted
Monterey Police Department Policy 706 is hereby adopted, approved, and incorporated herein by reference. Policy 706 shall be publicly available on the Monterey Police Department’s website for as long as military equipment is available for use, and proposed changes will be posted at least 30 days prior to any public hearing concerning the military equipment at issue.”
SECTION 4: All ordinances and parts of ordinances in conflict herewith are hereby repealed.

Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 12, Packet Page 224 SECTION 5: This ordinance shall be in full force and effect thirty (30) days from and after its final passage and adoption.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF MONTEREY this _____ day of _______, 202_, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

APPROVED:

ATTEST:

Mayor of said City
City Clerk thereof
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 13, Packet Page 225 Policy
706
Monterey Police Department
Monterey PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Military Equipment - 1 Military Equipment
706.1 PURPOSE AND SCOPE
This policy governs the use of military equipment, as defined in Government Code § 7070, as may be amended. The Monterey Police Department (MPD) and its members will comply with provisions of Government Code §§ 7071, 7072, and with otherwise applicable department policies, with respect to military equipment.
706.1.1 DEFINITIONS
This policy adopts the following definitions set forth in Government Code § 7070 (c)(1) through § 7070 (e)(16) as may be amended or superseded:

Governing body – The elected or appointed body that oversees the Department.

Military equipment –

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.

10. Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in sections § 30510 and § 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 14, Packet Page 226 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Military Equipment - 2

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and the Long Range Acoustic Device (LRAD).

14. The following projectile launch platforms and thier associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
706.2 POLICY
It is the policy of the Monterey Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Use of military equipment should safeguard public welfare, safety, civil rights, and civil liberties. 706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Assistant Chief of Police to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
(b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Monterey Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond in a timely manner.

ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 15, Packet Page 227 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Military Equipment - 3 A complaint, concern or question related to Military Equipment utilization by the Monterey Police Department can be made through any of the below listed methods:

Email: [email protected]
Web:https://www.monterey.org/city_hall/police/inside_mpd/ commendations_or_complaints.php
By phone: (831) 646-3830
By mail: Monterey Police Department; Attn: Military Equipment Use Coordinator; 351 Madison Street, Monterey, CA 93940
706.4 APPROVAL
This policy, and any subsequent amendments, will be available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue. No later than May 1, 2022, this policy will be submitted to the City Council for approval, and will remain in effect only if it is approved within 180 days of submission. Approval of this policy or any subsequent amendments requires adoption by ordinance at an open session of a regular meeting providing for public comment. The department will cease use of any military equipment if its use, or the policy for its use, is not approved. An approved military equipment use policy is required prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body.
(f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to MPD shall comply with their respective military equipment use policies. MPD is a participating member of the Monterey Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Monterey Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 16, Packet Page 228 Monterey Police Department
Monterey PD Policy Manual
Military Equipment
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Military Equipment - 4 incidents, etc. MPD also collaborates and works with the Monterey County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to MPD.

Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Monterey's jurisdiction is listed in Section Two of the Military Equipment Inventory. MPD is authorized to use that military equipment in connection with MPRSRU activities/responses. 706.6 ANNUAL REPORT
Within one year of approval of the military equipment use policy, and annually thereafter, the Chief of Police or the authorized designee will submit a military equipment report for each type of approved military equipment for as long as the military equipment is available for use. The annual military equipment report will be publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment. 706.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the funding, acquisition, or use of military equipment.
706.8 MILITARY EQUIPMENT INVENTORY
The attached list is divided into three sections.
• Section One - lists qualifying equipment that is owned and/or utilized by the Monterey Police Department.

See attachment: MPD 706 Sec 1 - MPD Equip Owned Oper.pdf • Section Two - lists qualifying equipment that is not owned by the Monterey Police Department, but which is known to be owned and/or utilized by law enforcement agencies which the Monterey Police Department collaborates and/or participates with as part of the Monterey Peninsula Regional Special Response Unit (MPRSRU) for law enforcement purposes.

See attachment: MPD 706 - Sec 2 - MPRSRU Equip Owned Oper.pdf • Section Three - lists qualifying equipment that the Monterey Police Department will be procuring, with anticipated dates of procurement.

See attachment: MPD 706 - Sec 3 - MPD SRU Equip Procurement.pdf ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 17, Packet Page 229 Monterey PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** Attachments - 5 Attachments
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 18, Packet Page 230 Attachment
Monterey PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Monterey Police Department ***DRAFT*** MPD 706 Sec 1 - MPD Equip Owned Oper.pdf
- 6
MPD 706 Sec 1 - MPD Equip Owned Oper.pdf
MPD 706 Sec 1 - MPD Equip Owned Oper.pdf
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 19, Packet Page 231 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing/sought): 2 (existing)
Capabilities:

The 37mm Less Lethal Launcher is capable of firing barricade penetrating “OC” rounds which disperse .02 ounces of OC powder into a defined space. These munitions are designed to dislodge barricaded subjects from confined areas.

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.

Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.

Initial cost: $3,000
Annual costs: $100 (includes munitions)
Legal: All applicable State, Federal and Local laws governing police use of force and crowd control.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two hours of intial training and two (2) hours every two (2) years (includes qualification) Other:

Only Monterey Peninsula Regional Special Response Unit (MPRSRU) trained personnel and Less Lethal Instructors are authorized to use this Less Lethal launcher. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 20, Packet Page 232 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 3 (existing)
Capabilities:

The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles.

Expected lifespan: 15 years
Manufacturer's description:

Penn Arms 40mm Multi-Shot launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers. The 40mm launcher is available in both pump-action advance and single shot versions.

Purpose(s)/Authorized Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a lesslethal use of force option.

Initial cost: $26,000
Annual costs: $3,000 (includes sponge projectiles for training) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two (2) hours of initial training and (2) hours every (2) years (includes qualification) Other: MPD has two (2) pump-action 40mm multi-shot launchers and one (1) single shot launcher (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 21, Packet Page 233 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Semiautomatic Rifles and Ammunition
Quantity (existing/sought): 53 (existing)
Capabilities: The Colt/Spikes Tactical semiautomatic rifle is capable of firing 5.56mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The Colt/Spikes Tactical features the railed forend. The rail system features the patented boltup attachment system. The Colt/Spikes Tactical semiautomatic rifle is unmatched in size, weight, and performance.

Purpose(s)/Authorized Use:

Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
(1) Situations where the member reasonably anticipates an armed encounter. (2) When a member is faced with a situation that may require accurate and effective fire at long range.
(3) Situations where a member reasonably expects the need to meet or exceed a suspect's firepower.
(4) When a member reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
(5) When a member reasonably believes that a suspect may be wearing body armor. (6) When authorized or requested by a supervisor.
(7) When needed to euthanize an animal.

Initial cost: Approximately $115,000
Annual costs: Approximately $6,000 (ammunition, repair parts, batteries, etc.) Legal:

CA Penal Code 33220(b). All other applicable State, Federal and Local laws governing shortbarreled rifles and police use of force.

Procedural: MPD Policies - 300 (Use of Force), 306 (Firearms), 412 (Rapid Response and Deployment) Required training: CA POST certified 16-hour patrol rifle course & 4 hours annually / qualification annually Other Notes:

These rifles are standard issue service weapons for MPD officers and as a result exempted from the Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document for transparency.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 22, Packet Page 234 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: Remington 870 Shotgun and Kinetic Energy Munitions Quantity (existing/sought): 14 (existing)
Capabilities:

The shotgun Less Lethal platform is capable of firing CSI “Super-Sock” Kinetic Energy Munitions, which are fiber bean bag projectiles.

Expected lifespan: 15 years
Manufacturer's description: The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.- made pump-action shotgun. The magazine tube holds 6 less-lethal rounds.

Purpose(s)/Authorized Use: The shotgun Less Lethal platform and Kinetic Energy Munitions are intended for use as a lesslethal use of force option.

Initial cost: $7,000
Annual costs: $1,500 (includesfiber bean bag projectiles) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 306 (Firearms), 303 (Control Devices and Techniques) Required training: Two hours of initial training and two (2) hours every two (2) years (includes qualification) Other:

Less Lethal Shotguns are painted orange to signify the use as a less-lethal device. The MPD does not utilize shotgun ammunition that is designed for lethal purposes. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 23, Packet Page 235 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: The Larue OBR AR-10 is a semiautomatic rifle capable of firing a 7.62mm projectile bullet.

Quantity (existing/sought): 1 (existing)
Capabilities: The Larue OBR AR-10 is a semiautomatic rifle capable of firing a 7.62mm projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

The LaRue OBR (Optimized Battle Rifle) was built from the ground up, using a newly designed upper-receiver platform, combined with a lower, inspired from our successful 5.56 MM lower.

Both the upper and lower are CNC-machined from billet, for the optimum fit and consistency.

The receiver components are designed with more material in critical areas to alleviate known issues of weakness in 7.62 platforms and to stiffen the receiver, translating into maximum accuracy.

Purpose(s)/Authorized Use:

This rifle is authorized for use by Precision Rifle/Observer SWAT Operator(s) only. It is deployed in conjunction with the Monterey Peninsula Regional Special Response Unit SWAT Team during high-risk incidents.

Initial cost: $10,000 (includes scope and other accessories) Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Other: N/A
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 24, Packet Page 236 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Desert Tech SRS M2 Precision Rifle
Quantity (existing/sought): 1 (existing)
Capabilities: The Desert Tech SRS M2 is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description: The SRS-M2 adds the ability to make fast and easy adjustments to accessories mounted on the forearm through the integrated Area 419 Arcalock rail. The full-length 30 MOA tapered top rail minimizes optical visual displacement when moving between day and night scopes.

Purpose(s)/Authorized Use:

Initial cost: $10,000 (rifle, scope, attachments/equipment) Annual costs: $2,000 (includes ammunition and cleaning supplies) Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

SECTION ONE - QUALIFYING EQUIPMENT OWNED/UTILIZED BY THE MONTEREY POLICE DEPARTMENT (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 25, Packet Page 237 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: FN SPR Precision Rifle
Quantity (existing/sought): 1 (existing)
Capabilities: The FN SPR is a bolt action rifle capable of firing a .308 caliber projectile bullet.

Expected lifespan: 15 years
Manufacturer's description:

All A5 M barrels are MIL-SPEC cold hammer-forged, fluted and have a hard-chromed bore.

These rifles excel at long-range target shooting and tactical competition. The A5M has a detachable box magazine (DBM) in 308 Winchester models. The one-piece steel MIL-STD-1913 optical rail has an additional 20 MOA of elevation built in. The fully adjustable matte black McMillan™ fiberglass stock offers a close-radius upright grip, textured gripping surfaces, undercut buttstock profile, semi-wide tapered fore-end, adjustable comb and four flush mounting points for slings plus a steel bipod stud.

Purpose(s)/Authorized Use:

Procedural:

MPD Policies - 300 (Use of Force), 306 (Firearms), 404 (Monterey Peninsula Regional Special Response Unit), 412 (Rapid Response and Deployment)
Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU Precision Rifle/Observers must also complete a 40 Post certified SWAT precision rifle/observer course and attend 120 hours of training annually.

Published with permission by Monterey Police Department ***DRAFT*** MPD 706 - Sec 2 - MPRSRU Equip Owned
Oper.pdf - 7
MPD 706 - Sec 2 - MPRSRU Equip Owned Oper.pdf
MPD 706 - Sec 2 - MPRSRU Equip Owned Oper.pdf
ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 27, Packet Page 239 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 37mm Less Lethal Launcher and Oleoresin Capsicum “OC” munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

Expected lifespan: 15 years
Manufacturer's description: The Federal 37 mm Less Lethal Launcher. Is a single-shot break-open platform designed to fire 37mm less lethal oleoresin capsicum munitions.

Purpose(s)/Authorized Use: The 37mm Less Lethal Launchers and “OC” Munitions are intended for use as a less-lethal use of force option.

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is owned and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits. (5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 28, Packet Page 240 AB 481 Category
Govt Code §7070(c):
(14) The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons Description: 40mm Less Lethal Launchers and Kinetic Energy Munitions Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, known as sponge projectiles
Expected lifespan: 15 years
Manufacturer's description:

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Sand City Police Department for use by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 29, Packet Page 241 AB 481 Category
Govt Code §7070(c):
(10) Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency Description: Remington 870 Breaching Shotgun
Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Remington 870 12 gauge shotgun modified with pistol grip and barrel standoff designed for breaching doors or other points of entry.

Expected lifespan: Unknown
Manufacturer's description: The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass-reinforced polymer with a rubber over-molding. This shotgun is a U.S.- made pump-action shotgun. The magazine tube holds 6 less-lethal rounds.

Purpose(s)/Authorized Use:

A breaching shotgun can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and other breaching methods are determined to be ineffective. Shotgun breaching generally needs to be supported by exigent circumstances necessitating immediate access for public safety.

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws governing police use of force.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 4 hours annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Seaside Police Department and operated by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 30, Packet Page 242 AB 481 Category
Govt Code §7070(c):
(5) Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units
Description: Workhorse commercial van
Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Vehicles modified to facilitate the control and direction of public safety units.

Expected lifespan: Unknown
Manufacturer's description: Unavailable
Purpose(s)/Authorized Use: Workspace for commanding/supervising personnel during critical incidents. Also utilized for community outreach events such as National Night Out, Public Safety Outreach, etc.

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

MPRSU SWAT Team provides internal training for staff members prior to allowing them to operate these vehicles. All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 31, Packet Page 243 AB 481 Category
Govt Code §7070(c):
(12) “Flashbang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray Description: Flashbang grenades, explosive breaching tools, tear gas and pepper balls Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.

Expected lifespan: Unknown
Manufacturer's description:

Defense Technology® offers a complete range of less lethal products and solutions to law enforcement professionals. A full-line manufacturer, Defense Technology’s premier product lines are grouped into five categories including aerosols, impact munitions, distraction devices, chemical munitions and launchers. We are committed to manufacturing the safest possible products and providing comprehensive training for detectives, patrol and tactical officers.

Purpose(s)/Authorized Use: Breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

All MPRSRU members are required to complete an initial POST certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

MPRSRU members train on this piece of equipment 10 hours annually.

Other:

SECTION TWO - QUALIFYING EQUIPMENT OWNED/UTILIZED BY LAW ENFORCEMENT AGENCIES THE MPD COLLABORATES

AND/OR PARTICIPATES WITH AS PART OF THE MPRSRU FOR LAW ENFORCEMENT PURPOSES (1) A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment (2) The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment
(3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment
(4) The legal and procedural rules that govern each authorized use ATTACHMENT 2
Council Regular Meeting, 4/19/2022, Item No. 22., Item Page 32, Packet Page 244 AB 481 Category
Govt Code §7070(c):
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision Description: MPRSRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) Quantity (existing/sought): 0 (owned by collaborating law enforcement agency for MPRSRU SWAT Team) Capabilities:

Capable of transporting personnel and equipment while providing them with armored protection. Also has a breaching apparatus that can be attached.

Expected lifespan: 10 years
Manufacturer's description:

The Lenco BearCat is the standard tactical armored vehicle for special operations units within the US Law Enforcement community. Since the early 2000s, agencies such as LAPD, LASD SEB, NYPD ESU, Boston PD and hundreds of Federal, State and Local Law Enforcement agencies have made the BearCat part of their standard operating procedure. The Bearcat has excellent on-road driving characteristics and maneuverability in tight urban settings. The large floor plan seats 10 – 12 fully equipped officers.

Purpose(s)/Authorized Use:

The SRU Rescue Vehicle (Lenco Bearcat Armored Vehicle) is intended for use during critical incidents including, but not limited to: (a) Hostage situations; (b) Barricaded subject incidents; (c) Active shooter situations; (d) High risk arrest and search warrants; (e) Any threat of explosive devices; (f) Other situations where ballistic protection is necessary for the protection of personnel. The SRU Rescue Vehicle will not be deployed for situations such as peaceful protests or demonstrations where violence is not threatened toward the public, property or law enforcement personnel. When deploying the vehicle one must consider how its use or misuse could create fear or distrust in the community and take steps to mitigate those negative effects. The SRU Rescue vehicle may be deployed for exhibition at community based events for the purpose of educating and familiarizing the public with its use and purpose.

Initial cost: $0 (not owned by MPD)
Annual costs: $0 (not maintained by MPD)
Legal: All applicable State, Federal and Local laws.

Procedural: MPD Policies - 404 (Monterey Peninsula Regional Special Response Unit) Required training:

The SRU Rescue Vehicle is driven by approved personnel who have received training in the vehicle’s operation. The training includes both classroom and practical driving exercises.

Operators also receive scenario based training to include the decision making process as to how it should and should not be deployed. Scenario based training includes constitutional and community policing principles as it relates to SRU Rescue Vehicle deployment. All MPRSRU members are required to complete an initial POST Certified 80 hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually.

Other:

The Monterey Police Department participates in the Monterey Peninsula Regional Special Response Unit SWAT Team (MPRSRU). This equipment is registered to the Marina Police Depatment and utilized by MPRSRU SWAT. While the Monterey Police Department does not own this equipment, it could be used in Monterey by MPRSRU SWAT if they are deployed to an incident within city limits. It may also be used in Monterey at community events for educational and familiarization purposes.
(5) The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy

Monterey City CouncilApril 19, 2022

Monterey City Council
April 19, 2022